Have an attorney who waived my arraignment and put me directly on a bench trial without knowing my BAC or anything else about my case. Other attorneys in the area are telling me this is not normal.
answered on Mar 8, 2023
There may be some reason that your lawyer is opting for a bench trial. A bench trial is a trial where the Judge decides guilt or innocence, and there is no jury. Normally you would be better off with a jury trial. Working out a plea in the case would usually lead to a better sentence than the... Read more »
answered on Mar 7, 2023
The specific process can vary from court to court, county to county, but generally after arraignment the next court date would be a motions hearing date. After that, you would have a pretrial conference date if your court holds them. Otherwise, if you requested a bench trial, your next court date... Read more »
answered on Mar 6, 2023
Yes, generally speaking, an attorney will attempt to negotiate a deal on a case short of a trial. Negotiations can begin at any time (including during pre-trial motions) and may continue right up until the last moment; there's no specific rules governing when they must happen.
answered on Mar 6, 2023
A bench trial is a judge trial, where the judge makes the ultimate determination as to whether you are guilty or not. This is opposed to a jury trial, where a jury of citizens is brought in to listen to the case, and they make that decision.
Unless you (or your attorney) have filed... Read more »
I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia. My blood test had a BAC of .045 and the controlled substance is from Adderall which I am prescribed. The night of the stop I went through a yellow light that turned red. I did not submit to the field... Read more »
answered on Jan 11, 2023
It is not possible for a lawyer to advise you whether to enter a plea or go to trial without a thorough examination of all the evidence. I have no idea what evidence you may have given through your own statements. I have no idea what other evidence may have been found at the scene. My guess is... Read more »
Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... Read more »
answered on Aug 29, 2022
The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching... Read more »
he was not arrested. it was a 4 wheeler wreck on a dirt road. no property damage to anything else, no one was riding with him. the wheeler just snapped off.
answered on Aug 18, 2022
If the person consented or was too injured to consent, then yes.
I got a reckless driving and street racing charges on my record, but my car wasn't damaged and no one was injured. I'm currently out on bail. My DDS dashboard says my license is valid and when I called them the lady on the phone said that it also shows it's valid on her end. Does... Read more »
answered on Jul 17, 2022
In Georgia an under 21 years old's driver's license is not suspended just merely based on the issuance of a reckless driving charge. If you are convicted of the reckless driving you will suffer a 6 month license suspension. A lawyer may be able to help you avoid the suspension by... Read more »
answered on Jun 23, 2022
Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.
O.C.G.A. section 35-3-37(j)(4)(A)... Read more »
I live in Georgia. Single vehicle. No witnesses.
answered on Jun 21, 2022
Sometimes cases do get lost in the shuffle, but it's never something to rely upon.
The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.
Otherwise, see if you can find... Read more »
The code on his citation is 40-6-391.3 DUI - Driving school bus under influence
answered on Jun 19, 2022
That code section specifies an increased penalty for DUI while driving a school bus.
Your husband may still nevertheless be culpable for DUI with the more typical penalties.
answered on May 3, 2022
You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.
The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and... Read more »
answered on Apr 12, 2022
It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.
My license has not been suspended
answered on Feb 7, 2022
Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.
The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.
What's can I do ?
answered on Nov 22, 2021
Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.
Feel free to email me to talk about setting up a retainer... Read more »
Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through
answered on Nov 18, 2021
UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.
answered on Nov 15, 2021
Technically, you can use a character witness to defend against a DUI change, but it is probably not advisable.
Generally, using a character witness "opens the door" for the prosecution to call other witnesses, or to present other evidence, against the defendant's character,... Read more »
Which I wasn’t asked for a test just booked in jail but I had supposedly 30 days to write to the dds but I wasn’t informed I had to to save my license an enable a permit to drive
answered on Oct 25, 2021
It is best to get in touch with an experienced DUI attorney who can guide you through the ALS process. As you mentioned, there is a limited time period to request a hearing.
answered on Oct 20, 2021
Yes, but you should probably be going for simple probation instead.
Email me to discuss.
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