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Unknown DUI Lawyers

  1. Love, Todd: * General Practice o Business Creation & Dissolution o Civil Litigation o Wills & Estates * Criminal Defense o Misdemeanor Criminal Defense o DUI & Traffic
  2. Webb & Zagoria: ARRAIGNMENT & TRIAL The process: once you have posted bond and been released from jail, you should have been given a form with your court arraignment date and a traffic citation, if any. At the arraignment criminal complaints are formally read in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea of guilty or not guilty. A guilty plea will result in sentencing on the spot, otherwise you will receive notice of trial date. Having an experienced lawyer is key to helping guide you through the complexities of local courts. Some courts will waive the arraignment for your DUI case and enter the not guilty plea without a court appearance. Other courts require your appearance. It all depends on the local jurisdiction. Once you've plead not guilty (if that's the case) your lawyer will preserve some important rights for you by filing motions on your behalf giving your defense team, for example, access to scientific reports such as BAC testing or field tests obtained in your arrest. By having these motions granted, your legal team can form an adequate defense that might include suppressing such evidence or challenging their validity by an expert witness at trial. MAGISTRATE COURTS Don't find out who your judge is at Trial. A Magistrate Judge is a lower level judge. It's usually neither better nor worse for your case. Many magistrate judges are fair and objective but some are more susceptible than others to overt bias and procedural misconduct. Don't find out who your judge is at trial, find out before in erecting your legal strategy! Talk to an experienced lawyer today at Webb & Zogoria and know him before he knows you! What are Magistrate judges and how are they different from other judges? In the United States federal courts, magistrate judges are lower-level judges appointed by federal district judges to assist United States district court judges in the performance of their duties, especially in districts where the caseload is high and legal help is wanting. In criminal proceedings, magistrate judges preside over misdemeanor and petty offense cases, and as to all criminal cases (felony and misdemeanor) may issue search warrants, arrest warrants, and summonses, accept criminal complaints, conduct initial appearance proceedings and detention hearings, set bail or other conditions of release or detention, hold preliminary hearings and examinations, administer oaths, conduct extradition proceedings, and conduct evidentiary hearings on motions to suppress evidence in felony cases for issuance of reports and recommendations to the district judge. The Supreme Court has held that federal magistrate judges may accept guilty pleas and has held in Peretz v. United States that magistrate judges may supervise the jury selection in a felony trial unless one party objects.[2] In civil proceedings, magistrate judges typically manage discovery and other pretrial matters. They are authorized to issue orders in pretrial matters as long as the order is not dispositive of the case as a whole (such as an order granting summary judgment). They may also be assigned to write reports and recommendations to the district judge as to dispositive matters. With the consent of the parties, they may adjudicate civil cases in the same manner as a district judge, including presiding over jury or non-jury trials. IT'S YOUR LIFE! WE HAVE SOME ANSWERS . . . SUPERIOR COURTS In a number of jurisdictions in the United States, the Superior Court is a state trial court of general jurisdiction with power to hear and decide any civil or criminal action which is not specially designated to be heard in some other court. Superior Judges adjudicate in the Superior Court system. Knowing which Superior Court judge will preside over your case may help in the outcome of your case at trial. Many judges are fair and objective, but others may have questionable jurisprudence or biases that are worth knowing before trial. Know your judge before he knows you. TRIAL PHASE Based on a variety of factors - including technical issues, fairness of the judge and how fast you want your case finalized - your attorney will request a misdemeanor trial, a felony trial or a bench trial. 6 jurors hear a misdemeanor trial while 12 hear a felony charge. A bench trial involves only a judge hearing it (no jury). Have the current addresses and phone numbers collected of witnesses who can give favorable testimony on your behalf. You may also want to factor into your budget the cost of an expert witness to provide testimony about evidence admitted at the pre-trial hearing. For example, an expert on breathalyzers or field-sobriety tests can cast doubt to the jury on either the validity of the test itself, or the conclusions that one could draw from its administration. This can be helpful to challenge the perceived authority of Òobjective evidenceÓ on behalf of the jury. Expert witness fees are usually above and beyond what the attorney charges. The expert witness's inclusion at your trial is arranged before the trial. If you have a misdemeanor trial, you will have to pay for the court reporter to Òtake downÓ the transcript., which can be costly. At a felony trial, you don't have to pay for this service. Court cases are usually ÒoverbookedÓ for your court date. Sometimes the attorney will have scheduling problems. The prosecutor may ask for a continuance for a variety of reasons. Therefore, do not count on going to your trial on the appointed date Ð but be ready to go! After your court date has been rescheduled a few times, it becomes the older case, and receives priority in the oft-repeating overbooking schedule, and progresses to be heard. You can go home or to work until your case is called in for trial. This keeps you from having to sit around court until you are reached. The courts unfortunately do not care if you have to reschedule your vacation or miss some important event. The trial judge wants you when he wants you. Your Demeanor and Conduct at Trial Tips for your court appearance: * At all times be careful what you say. Jurors are everywhere. * Dress conservatively if you are a woman, avoid too much make-up or jewelry. * Wear a suit if you can' otherwise a blazer and slacks. If neither is available, a white shirt, tie and dress slacks are desirable. * Shoes are important. They should be tidy and clean. * Pay attention to the obvious: make sure you don't smell of alcohol. * Take interest in your trial by taking notes and don't speak to your attorney during testimony. If you don't appear interested in the outcome of your trial, why should the jury? * If you need to speak with your attorney during testimony, write it down on a piece of paper and show it to your lawyer. Be respectful to the judge and prosecuting attorney.
  3. Phillips, Trey: Q: What is a criminal lawyer? A: A lawyer whose primary function is to represent criminal defendants. Q: What is criminal law? A: The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders. Q: What is a felony? A: A serious crime usually punishable by imprisonment for more than one year or by death. Q: What is a misdemeanor? A: A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison. Q: What's the difference between a felony and a misdemeanor? A: Crimes are generally categorized into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. Q: What is the "presumption of innocence?" A: All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free. Q: I am under investigation for a crime. Should I consult an attorney even though I have not been formally charged? A: Absolutely! Your rights is to remain silent until you have an attorney present. You should always have an attorney present during questioning. Any information obtained during an investigation can be used to obtain warrants, make arrests, formally file charges or even convict you. It is in your best interest to have an attorney present. Q: Is it legal for the police to search my home without a warrant? A: This depends on the circumstances. Contact us for an initial consultation.
  4. West. David: If you have been arrested for drunk driving in Georgia, you need to be aware that a DUI can have immediate ramifications on your driving privileges. In fact, you have only 10 days after your arrest to make sure your license isnÕt suspended by the Department of Driver Services. Consulting an attorney as soon as possible after your arrest is extremely important. Georgia law comes down hard on those accused of drunk driving, even on a first offense. Those convicted of DUI face jail time, steep fines and loss of driving privileges. A DUI lawyer in North Georgia can help make sure that your rights are protected throughout all of your dealings with the law, fight for your driving privileges and help you choose the best course of action for your situation. A DUI can be particularly devastating to those who hold a commercial driverÕs license (CDL). If you have a CDL or are employed to drive for a living, a DUI, even a first offense, is likely to cause you to lose your job or be unemployable in that field. For this reason, it is imperative that you contact a DUI lawyer in North Georgia so that steps can be taken to protect your driving record and career. DUIs are much more technical than regular traffic offenses, so it is important to hire an attorney that has significant experience representing those accused of DUI. Your attorney should have a great degree of knowledge in the field concerning roadside stops, field sobriety tests and chemical tests of bodily fluidsÑknowing what constitutes an illegal roadside stop and how to dispute evidence gained from field sobriety tests and chemical tests of bodily fluids.
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    1. possible jail time, even for a first-time DUI
    2. being fired
    3. being denied employment as a driver because you do not have a clean driving record
    4. losing your driver’s license for a year.
    5. time off work to meet with a probation officer
    6. time spent performing community service
    7. required classes and assessment for DUI offenders
    8. having an ignition interlock device attached to your car, which requires the driver to take a breath test before the vehicle will start.
  6. George Stein: The new DUI laws in Georgia require jail time for a first DUI offense. This jail time is mandatory, and therefore, the judge has no choice but to include it in your sentence if you plead guilty. This strict law is causing many Georgia citizens to take an aggressive stance in court.


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