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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:
   • A defendant may be required to perform community service.
7. Fine or Restitution:
   • The defendant 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:

• • Defendants convicted of family violence battery may lose the right to possess firearms, either permanently or for a set period of time.

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 Fulton 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 Fulton County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Fulton County, misdemeanor first appearance hearings occur every day but Sunday and are held virtually at 2pm. 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 Fulton 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 Fulton 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 Fulton County State Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Fulton 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 Fulton County, call our office today at 404-581-0999 for a free consultation.

Child Molestation is a serious crime in the State of Georgia. If you are arrested in Gwinnett County  for child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Gwinnett County District Attorney’s Office has a unit called the Crimes Against Women and Children Unit and they zealously prosecute these cases and they are very prepared. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on a calendar the next day for First Appearance. At this hearing, the Gwinnett County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a child molestation. You will then need to file a motion for a formal bond hearing and a preliminary hearing. These hearings take place at the Gwinnett County jail.  It is crucial to get an attorney retained to be at the First Appearance hearing at the Gwinnett County jail.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you in Gwinnett County, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us. Time is of the essence to properly investigate the allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations. Our office is in downtown Atlanta.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Timeline of a DUI case

In Georgia, a typical DUI case follows a structured legal process, but the timeline can vary significantly depending on the jurisdiction. Some cases may be resolved in just a few months, while others can take 24 months or more before they reach a conclusion, particularly when there are delays. Below is a general timeline for a DUI case in Georgia, from the arrest to trial and everything in between:

Arrest and Initial Stages

DUI Arrest: The process begins when an individual is arrested for DUI, typically after being stopped by law enforcement on suspicion of impaired driving. The arrest usually involves taking the individual into custody, performing sobriety tests (including breathalyzer or blood tests), and booking the individual at a police station. The actual arrest and booking process may take several hours, depending on if there was a blood draw or a breathalyzer used at the police station.

 Bond Hearing

After the arrest, you (the defendant) will usually be given the opportunity to post bond. In some cases, the bond may be set during a first appearance, often within 48 hours of the arrest. If the defendant cannot post bond, they may remain in custody until they can appear in court. However, most DUI arrests have a pre-set bond and a bond hearing may not be held. For example, you may be offered a $1,000 bond immediately after being booked. REMEMBER: If you are out on bond you CANNOT break any laws or bond conditions set forth in the bond condition agreement. In DUI cases, this may mean something as simple as a moving violation could potentially put you back in custody.

Municipal Court

Your case first begins in Municipal court. This occurs in the city in which you were arrested. For example, if you were arrested for DUI by an Atlanta Police Officer within the city of Atlanta, your case will begin in the Municipal Court of Atlanta. There are several opportunities for your attorney to discuss and negotiate the case with the city solicitor. There are several court dates that may happen while your case is in municipal court. Municipal court is more casual than state court, where each court date is an arraignment. In other words, there are typically no specially set plea dates and other hearings in municipal court. Your attorney will negotiate with the city solicitor to try and dismiss the charge, reduce the charge, reduce the fines, or any other potential negotiating points your attorney deems critical.

If the city solicitor is not willing to negotiate to a charge or certain conditions you and your attorney think are valuable, then do not worry! Remember, municipal court solicitors are not in the business of reducing or dismissing charges, especially in jurisdictions where every penny from your fine counts.

After receiving an offer from the city solicitor, you and your attorney will review it and decide next steps. If the offer is not something you want to take, or something your attorney may be able to negotiate down with more flexible State Court solicitors, then the case will be bound over and transferred to State Court.

• REMEMBER: municipal courts do not hold jury trials! You may request a bench trial, in which the judge decides and adjudicates the case using his or her own discretion and application of the law. We do not typically recommend bench trials except under very exceptional and unusual circumstances.

Binding the Case Over to State Court

Binding Over to State Court: If you do not accept the city solicitor’s offer in municipal court, the case is bound over to state court, which has jurisdiction over DUI cases. This is the critical step that moves the case out of the municipal or magistrate court and into the state court system, which can handle more complex criminal cases, including DUI. For example, if your case was originally in Municipal Court of Atlanta, then the corresponding State Court would be the State Court of Fulton County.

Time Frame for Binding Over: The time between arrest and binding over can vary widely depending on the jurisdiction. In some areas, cases may be bound over in just a few months, but in many counties or judicial circuits, it can take anywhere from **3 months to 24 months or more** for the case to be bound over to state court. Larger counties or busy jurisdictions with a backlog of cases may experience longer delays. Our office will continue to monitor any movement or updates in the case.

State Court Proceedings

Arraignment in State Court: Once the case is bound over to state court, you will have an arraignment. During this hearing, the charges are formally read, and you will enter a plea (guilty, not guilty, or nolo contendere). It is commonplace for attorneys to file what is called a “waiver of arraignment.” This particular filing lets the court know that we are retaining our innocence. The case has to be arraigned in State Court before any sort of discovery exchanges hands or negotiations can begin between your attorney and the State Court solicitor.

Pre-Trial Motions and Discovery**: After arraignment, both the prosecution and defense will exchange evidence, known as discovery. This process can take several months, as the defense attorney will often file motions to suppress evidence (e.g., challenging breathalyzer results or the legality of the stop). This is an important process in which your attorney can potentially dismiss the case based on legal issues. If your attorney sees a potential legal issue when going through the provided discovery, there will be a hearing called a “motions hearing.” Motions hearings take place in front of the judge without any jurors. The judge will then decide the issue raised in the motions after hearing arguments from both the solicitor and your attorney.

Negotiations or Trial: Your attorney will negotiate with the State solicitor after arraignment. Just like in municipal court, your attorney will receive a negotiated plea offer from the State solicitor.

Calendar Call: Calendar call is sometimes the last court date before your case ends. During a calendar call, your attorney will inform the Judge and solicitor how you plan on proceeding with the case whether it be by a plea or an announcement stating that you are ready for trial. In some courtrooms, your trial could begin as soon as that same day. In other courtrooms they could be set for several weeks after the calendar call date. Your attorney will usually have an opportunity to negotiate the case further at calendar call in what is known as an informal “pre-trial.” REMEMBER: solicitors have the right to withdraw any plea offers or recommendations and are generally withdrawn if a plea is not accepted by calendar call.

If a plea agreement is not reached, the case will proceed to trial. DUI trials are often complex, requiring expert testimony about the science of alcohol testing, field sobriety tests, and the circumstances surrounding the arrest.

Trial

Jury Trial:

If the case goes to trial, a jury will be selected, and the case will proceed with both sides presenting evidence and arguments. DUI cases in Georgia are typically heard before a jury, although the defendant can waive a jury trial and have the case heard by a judge alone.

Sentencing: 

If convicted, you will receive sentencing from the judge immediately after trial. In DUI cases, sentences can include fines, mandatory DUI education classes, community service, probation, or even jail time, depending on the severity of the offense and whether it is a first offense or a repeat offense.

Throughout the process, various motions, plea negotiations, and court scheduling can contribute to the length of time the case takes to reach trial or settlement. The court’s schedule and the case’s complexity are key factors in determining how long a DUI case may last. Keep in mind that it is a tedious process and both attorneys for the state and the defense are often at the mercy of the court’s scheduling.