What Can I Expect if I Have a Case Pending in Gwinnett County State Court?

 

When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Gwinnett State Court.

Arrest

A criminal case begins when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate. At this point, you will be booked into the Gwinnett County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Gwinnett County, misdemeanor first appearance hearings occur every day. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. You are legally entitled to a bond for misdemeanors. The judge will consider, among other factors, your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Gwinnett County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For misdemeanors in Gwinnett County, this is the Solicitor General’s Office. The Solicitor General’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

 

 

 

 

Charging of Your Case

For misdemeanors, the charging document is called an accusation. The accusation details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this accusation is drafted, your case will be assigned to a Gwinnett County State Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Gwinnett County State Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of six of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

 

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of misdemeanor charge in the State Court of Gwinnett County, call our office today at 404-581-0999 for a free consultation.

Common Sentencing Conditions for Family Violence Battery Cases- Forsyth County:

Below are common conditions that may be imposed as part of a sentence:

  1. Jail or Prison Time:
    • In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim.
  2. Probation:
    • In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time.
    • Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer.
  3. Domestic Violence Education or Counseling:
    • Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks.
  4. Anger Management Classes:
    • Anger management may be a condition of probation or sentencing to address emotional regulation issues.
  5. Restraining Orders/Protective Orders:
    • A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.
  6. Community Service:
    • You may be required to perform community service.
  7. Fine or Restitution:
    • You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage.
  8. Alcohol/Drug Testing and Treatment:
    • If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation.
  1. Firearm Restrictions:
  • You may lose the right to possess firearms, either permanently or for a set period of time.

 

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.

 

Common Sentencing Conditions for Family Violence Battery Cases- Douglas County:

Below are common conditions that may be imposed as part of a sentence: 

1.Jail or Prison Time:

In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim.

2.Probation:

In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time.

Probation typically lasts for a set period , usually for 1 year, and include regular meetings with a probation officer.

3.Domestic Violence Education or Counseling:

Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks.

4.Anger Management Classes:

Anger management may be a condition of probation or sentencing to address emotional regulation issues.

5.Restraining Orders/Protective Orders:

A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.

6.Community Service:

You may be required to perform community service.

7.Fine or Restitution:

You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage.

8.Alcohol/Drug Testing and Treatment:

If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation.

9.Firearm Restrictions:

You may lose the right to possess firearms, either permanently or for a set period of time.

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.

 

 

Sentence Review Hearing When a Juvenile Has Been Convicted as an Adult

In the Georgia justice system, individuals are considered adults at 17 years of age. A juvenile can be charged as an adult if the crime they are accused of is severe. If a person is convicted as an adult before they turn 17, they will serve their sentence in the Department of Juvenile Justice facilities until they turn 17. Approaching their 17th birthday, the court must hold a sentence review hearing to determine if the remainder of the individual’s sentence will be served on probation, or if the individual will be transferred to the Georgia Department of Corrections. These hearings hold immense significance, not just for the individual, but for the broader understanding of justice, rehabilitation, and societal expectations.

The Context of Juvenile Convictions

When a juvenile is convicted as an adult, the decision typically stems from the severity of the crime, public safety concerns, or the perceived maturity of the offender. Such cases often carry weighty implications, as the juvenile is subjected to adult sentencing guidelines and the associated long-term consequences.

By the time the individual turns 17, a sentence review hearing provides an opportunity to assess progress and consider whether adjustments to the sentence are warranted. This process is both a reflection of the juvenile’s personal growth and a check on whether the justice system has fulfilled its rehabilitative purpose.

The Hearing Process

A sentence review hearing involves multiple parties, including:

  • The Judge: Responsible for weighing evidence, hearing arguments, and making a ruling on whether the sentence should be modified.
  • The Defense Attorney: Advocates for the juvenile, often presenting evidence of good behavior, educational achievements, or rehabilitation efforts.
  • The Prosecutor: Represents the state and may argue for maintaining the sentence, emphasizing public safety or the severity of the original offense.
  • The Juvenile: Plays a central role, offering testimony, reflections, or letters that demonstrate personal growth and remorse.
  • Victims or Their Representatives: May provide impact statements, sharing how the crime affected them and their perspective on potential sentence changes.

Key Considerations During the Hearing

  • Behavioral Record: The court examines the juvenile’s conduct while incarcerated, looking for signs of rehabilitation, compliance with rules, and engagement in positive activities like education or vocational training.
  • Psychological Evaluations: Expert assessments can shed light on the juvenile’s mental and emotional development, as well as their readiness to re-enter society.
  • Support System: The presence of a stable and supportive environment outside the correctional facility is crucial. Family, mentors, or community programs may play a role in advocating for a reduced sentence or alternative measures.
  • Public Safety: The court must balance the potential risk posed by the juvenile’s release against the benefits of reintegration into society.
  • Restorative Justice: The hearing may consider efforts made by the juvenile to address harm caused, such as apologies, restitution, or community service.

If you or a loved one has been convicted as an adult and the defendant’s 17th birthday is approaching, it is crucial to have a defense attorney advocate at a sentence review hearing. The lawyers at the Law Office at Scott Smith would be honored to advocate for you. Call us today at 404-581-0999 for a free consultation.

Common Sentencing Conditions for Family Violence Battery Cases- Dekalb County:

Below are common conditions that may be imposed as part of a sentence:

  1. Jail or Prison Time:
    • In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim.
  2. Probation:
    • In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time.
    • Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer.
  3. Domestic Violence Education or Counseling:
    • Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks.
  4. Anger Management Classes:
    • Anger management may be a condition of probation or sentencing to address emotional regulation issues.
  5. Restraining Orders/Protective Orders:
    • A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.
  6. Community Service:
    • You may be required to perform community service.
  7. Fine or Restitution:
    • You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage.
  8. Alcohol/Drug Testing and Treatment:
    • If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation.
  1. Firearm Restrictions:
  • You may lose the right to possess firearms, either permanently or for a set period of time.

 

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.

 

What Can I Expect if I Have a Case Pending in Dekalb County State Court?

 

 

When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Dekalb State Court.

Arrest

A criminal case begins when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate. At this point, you will be booked into the Dekalb County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Dekalb County, misdemeanor first appearance hearings occur every day. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. You are legally entitled to a bond for misdemeanors. The judge will consider, among other factors, your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Dekalb County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For misdemeanors in Dekalb County, this is the Solicitor General’s Office. The Solicitor General’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

For misdemeanors, the charging document is called an accusation. The accusation details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this accusation is drafted, your case will be assigned to a Dekalb County State Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Dekalb County State Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of six of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

 

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of misdemeanor charge in the State Court of Dekalb County, call our office today at 404-581-0999 for a free consultation.

How do I get out of Clayton County Jail?

I’ve Been Arrested…

You are in handcuffs and headed to the Clayton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. The Clayton County jail is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Clayton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Clayton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at the Clayton County jail are being recorded. Just focus on getting someone to help get you out of jail.

You will need to get paperwork filed with the DA’s office, on a serious felony, for them to pull the file and consider a consent bond.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning.

Your loved ones should plan on going to the Clayton County jail about 30 minutes before court starts. The jail is located at 9157 Tara Blvd, Jonesboro, Georgia 30236.

Can I get a bond?

The Clayton County Magistrate Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a  Clayton Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Clayton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Clayton County Superior Court judge, you will get a court date that will be in the Clayton County Courthouse. The Clayton County Courthouse is located at 9151 Tara Blvd, Jonesboro, Georgia 30236.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Clayton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Clayton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Clayton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Clayton County is to post a property bond. In order to post a property bond, you would need to speak to the Clayton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Clayton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Clayton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

 

Atlanta DUI – Top Rated Atlanta DUI Attorney

Atlanta, Georgia is home to the Atlanta Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Atlanta Police Department and Georgia State Patrol. Municipal Court of Atlanta is located at 150 Garnett Street, Atlanta, GA 30303.

One of the most common cases we see in Atlanta are DUIs (O.C.G.A. § 40-6-391). In Georgia, DUI can be charged in either two ways. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. (It is a .02 legal limit for DUI cases involving drivers under 21).

The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were a less safe driver. We see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary, and a Victim Impact Panel. The maximum sentence is 12 months in jail. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension. There are ways to avoid the license suspensions associated with DUIs but there are only 30 days to to file the appeal or to elect for an ignition interlock permit.

 

The options in Municipal Court of Atlanta are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the Fulton County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Atlanta and Fulton County regularly, we have the skill and knowledge to accomplish your goals. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Atlanta or Fulton County, call us now for a FREE CONSULTATION at 404-581-0999.

 

Common Sentencing Conditions for Family Violence Battery Cases- Cobb County:

Below are common conditions that may be imposed as part of a sentence:

  1. Jail or Prison Time:
    • In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim.
  2. Probation:
    • In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time.
    • Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer.
  3. Domestic Violence Education or Counseling:
    • Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks.
  4. Anger Management Classes:
    • Anger management may be a condition of probation or sentencing to address emotional regulation issues.
  5. Restraining Orders/Protective Orders:
    • A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.
  6. Community Service:
    • You may be required to perform community service.
  7. Fine or Restitution:
    • You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage.
  8. Alcohol/Drug Testing and Treatment:
    • If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation.
  1. Firearm Restrictions:
  • You may lose the right to possess firearms, either permanently or for a set period of time.

 

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.

 

Traffic Tickets in Smyrna Municipal Court

If you have been cited for a traffic violation in the Municipal Court of Duluth, it is important to understand your options. Paying the fine without negotiating is an admission of guilt and could result in points being assessed on your driver’s license. Points can result in higher insurance rates and, if enough points are accumulated, a suspension of your driver’s license. For drivers under 21 years of age, 4 points will suspend your license. For drivers over 21 years of age, 15 points will suspend your license.

Hiring a lawyer to negotiate with the prosecutors can prevent points from being assessed to your license in a few ways:

  • Negotiating a dismissal of the charges
  • Negotiating a reduction to an offense that does not involve an assessment of points
  • Negotiating the use of a Nolo Contendre plea

If you have been cited for a traffic offense in the City of Smyrna, it is important to understand your options. Call our office at 404-581-0999 for a free consultation today.