Criminal Defense in Newton County, Georgia

If you have been charged with a crime in Newton County, then you have come to the right place.  We specialize in criminal defense and stand ready to defend you.  The first question that needs to be answered is where your case will be heard.  If you are charged with a felony, then your case will begin in magistrate court and finish in superior court.  The first appearance, initial bond hearing, and preliminary hearing are all heard by a magistrate judge at the Newton County Jail located at 15151 Alcovy Road, Covington, GA 30014.  After these initial hearings, your case will be transferred to Newton County Superior Court in the Newton County Judicial Center located at 1132 Usher St, Covington, GA 30014.  The Judicial Center also houses the Magistrate Court, Juvenile Court, and Probate Court of Newton County.

Unlike some of the larger metropolitan counties, Newton County does not have a state court so even misdemeanor offenses will be heard in the Superior Court.  If you are charged with a serious misdemeanor, then your case will go straight to Superior Court.  Otherwise, your case will likely begin in Newton County Probate Court or one of the three municipalities in Newton County:  Covington, Porterdale, or Oxford.  

If you are charged with a traffic ticket or low-level misdemeanor within the city limits of Covington, your case will begin in the Municipal Court of Covington located at 1143 Oak Street, Covington, GA 30015.

If you are charged with a traffic ticket or low-level misdemeanor within the city limits of Porterdale, your case will begin in the Municipal Court of Porterdale located at 2800 Main Street, Porterdale, GA 30014.

If you are charged with a traffic ticket or low-level misdemeanor within the city limits of Oxford, your case will begin in the Municipal Court of Oxford located at 110 West Clark Street, Oxford, GA 30054.

If you have been charged with a crime in Newton County, call us today at 404-581-0999 to ensure you get the best outcome possible.

Georgia DUI Law: DUI Arrests on Super Bowl Weekend

Super Bowl Sunday is almost here. On February 2, 2020, the Kansas City Chiefs will be competing against the San Francisco Forty-Niners in Super Bowl LIV at the Hard Rock Stadium in Miami Gardens, Florida. Alongside holidays such as New Year’s Eve, Independence Day, and St. Patrick’s Day, Super Bowl Sunday has one of the highest rates of DUI arrests across the United States.

Super Bowl Sundays and DUI Arrests

The Automobile Club of Southern California conducted a 9-year-long study analyzing drunken driving-related crashes resulting in injuries on Super Bowl Sundays as compared to other Sundays. Their research showed that these DUI crashes involving injury were 41% more likely to occur on Super Bowl Sunday than on any other Sundays in January or February. Additionally, the study showed that New Year’s Eve was the only night of the year with a higher rate, with a 44% increase.

Data from Alcohol Monitoring Systems (AMS) – which analyzes the drinking behavior of approximately 530,000 repeat DUI offenders, found that drinking violations by repeat drunk drivers increased an average of 22% nationwide on Super Bowl Sunday, compared to the average Sunday.

Tips for Super Bowl Sunday

Have a plan. Arrange for a designated driver or a ride share service (Uber, Lyft, Via, etc.) if you intend on drinking and traveling on the roadways. Consider sleeping over at a friend’s house if you are watching the game there.

Be aware. Law enforcement will be out in numbers. Police will be actively looking for bad driving in order to facilitate a DUI investigation. As an additional precaution, you should expect potential DUI Roadblocks in certain areas.

If you are stopped and investigated for DUI, you need to know what to do.

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Do I Need an Attorney for Traffic Court?

The answer to that question is, it depends. In Georgia, all traffic citations, whether you were arrested or not, are misdemeanors and carry a punishment of up to one year in jail and a fine of up to $1,000. That being said, most traffic offenses will not involve jail time or show up on a background check or criminal history.

How Can an Attorney Help?

In my experience, attorneys can help you in traffic court in Atlanta in a few ways. One, attorney cases are often handled at the beginning of the calendar, allowing you to get in and out of court quickly, and on your way to the rest of your day. Two, attorneys have relationships with the prosecutors in court and can often negotiate a better resolution than you might be able to on your own. Three, some citations in Georgia, such as No Insurance, or Driving with a Suspended License or Registration carry with them additional license suspensions or mandatory jail time. If you enter a plea of guilty to those offenses without understanding the potential punishments, you may impact your freedom or your ability to drive. Finally, an attorney may offer defenses to the charge that can get your traffic citation dismissed completely.

This advice is especially true for Smyrna Municipal Court, Cobb County State Court, the Municipal Court of Atlanta, Gwinnett County Recorders Court, and DeKalb County State Court – Traffic Division.

These are just a few of the reasons it is beneficial to talk to an attorney before going to traffic court. Our free consultation will give you valuable information to  help you decide whether you need an attorney in traffic court. Call us today at 404-581-0999.

by Ryan Walsh

Georgia Underage DUI

O.C.G.A. § 40-6-391(k) prohibits a person under the age of 21 to have a BAC of, “0.02 grams or more at any time within three hours after” driving a vehicle, from alcohol consumed prior to driving. This 0.02 BAC limit is substantially lower than the 0.08 limit provided for those aged 21 and over. Underage persons convicted under this code section are subject to the same penalties as adults, except in regards to periods of imprisonment and license suspensions.

Underage DUI Sentencing

Under O.C.G.A. § 17-10-3.1, if a judge orders an underage person to serve a prison sentence in conjunction with a first DUI conviction, the sentencing judge has the authority and discretion to “allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant.” In addition, if this is the underage defendant’s first DUI, the defendant “shall be kept segregated from all other offenders” other than similar underage DUI offenders.

License Suspension

Regarding license suspension, upon a first conviction, drivers under 21 will have their license suspended for either six months or twelve months, depending on the BAC measurement. If the BAC is less than 0.08 grams, the period of suspension is for six months. Otherwise, the period of suspension is for twelve months. Importantly, the driver is ineligible for a driving permit and no early reinstatement is available. A new driver’s license will not be issued without proof of completion of the risk reduction program and payment equivalent to the driver’s license restoration fee for a suspended license ($200 or $210).  Finally, the driver shall, as an additional prerequisite for license reinstatement, be required to successfully complete the examination requirements of O.C.G.A. § 40-5-27 (driver’s license exam).

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

by Casey Cleaver

Atlanta DUI Lawyer

by Mary Agramonte

If you or a loved one has been charged with an Atlanta DUI, picking the right criminal defense attorney can be challenging. You need to look to the credentials, success rate, and reputation of the attorney in the field. Even if you believe you are guilty of the DUI, it is still important to contact an attorney experienced in complex area of DUI law as having a knowledgeable DUI attorney can be the difference in saving and losing your driver’s license. There are some DUIs that if you plead guilty, your license is suspended without a limited permit. The license repercussions of a DUI conviction are one of many reasons to contact a DUI attorney.

Call our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Atlanta lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Atlanta and Fulton County attorneys. We have an office near the Municipal Court of Atlanta – and have successfully defended against hundreds of Atlanta DUIs. W. Scott Smith has 18 years of DUI under his belt. He is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association.

The address of the Atlanta Municipal Court is 150 Garnett Street. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Atlanta in Fulton County. Atlanta has its own police department, and so if you are arrested for a DUI in Fulton County by an Atlanta Police Officer, your case will begin in the Atlanta Municipal Court. Additionally, if you are pulled over and arrested by a Trooper with the Georgia State Patrol within the City of Atlanta, your case will also begin in the Atlanta Municipal Court. DUI Court is currently held by Judge Bey at 1pm and 3pm daily. If you’ve been arrested and are in custody, Atlanta Muncipal Court Judges hold bond hearings Sunday through Friday, daily. The Atlanta Municipal Court does not always hold bond hearings Saturdays, so if you were arrested late Friday night or early Saturday morning you may not see a Judge until Sunday.

If you have been arrested with a DUI in Atlanta or in Fulton County, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Atlanta DUI in order to best protect your freedom and your license. If you have been charged with Driving under the Influence and your case is in the Atlanta Municipal Court, call a law firm with the experience necessary to achieve the most favorable result for you.  We are available 24/7 to speak with you about your Atlanta DUI at 404-581-0999.

 

How Do I Get Out of the City of Atlanta Jail?

by Ryan Walsh

You’ve been arrested in the City of Atlanta. You’re in the back of the patrol car and being transported to Atlanta Pre-Trial Detention Center. What do you do?

First, do not make any statements to the police while you are being transported to the Atlanta Pre-Trial Detention Center.

Second, do not make any statements about the facts of your case to anyone at the Atlanta Pre-Trial Detention Center. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

You’ve been taken to the Atlanta Pre-Trial Detention Center because your case is going to be beginning in the City of Atlanta Municipal Court. The City of Atlanta Municipal Court has jurisdiction (or responsibility) in handling all traffic offenses, some state law misdemeanors including possession of marijuana, theft by shoplifting, and disorderly conduct; and all City of Atlanta ordinance violations.

You are entitled to a bond on all of these charges. Your bond will be set after first appearing in front of a Judge in most circumstances. City of Atlanta holds first appearance hearings Sunday through Friday. They do not hold first appearance hearings on Saturday, so if you’ve been arrested after first appearance on Friday, you may have to wait until Sunday to go in front of the Judge to get a bond.

The City of Atlanta 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.

There are several types of bonds available for your case.

  1. Cash Bond: The first option in the City of Atlanta 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.
  2. Bail Bondsman: The second 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 City of Atlanta jail will provide you with a list of approved bonding companies.
  3. Signature Bond: In certain circumstances you will be released on Signature bond. A signature bond means you are signing your own bond, promising to appear in court on the next scheduled date.

If you or your loved one is arrested and taken to the Atlanta Pre-Trial Detention Center, 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

 

 

Atlanta Hit and Run Attorneys

by Mary Agramonte

Whenever you are in a car accident involving either property damage or personal injury, Georgia law provides that a driver is required to do the following things:

  • Give your name, address, and registration of the vehicle
  • Upon request, provide a driver’s license
  • Render reasonable aid to injured parties – such as transporting or making arrangements to transport a person to medical treatment if its apparent medical treatment is needed
  • Where person is unconscious, appears deceased, or is otherwise unable to communicate, you must make reasonable effort to ensure emergency medical service and police are contacted.

Under Georgia law, a driver involved in an accident must remain on scene until all four requirements are met. If a driver neglects one or more of the requirements, they can later be arrested and charged with the crime of Hit and Run.

Hit and Run under O.C.G.A. § 40-6-270 is one of the most serious traffic crimes to face. The Department of Driver Services classifies it as a “Major” violation which is in the same category of DUI, Vehicular Homicide, and Fleeing. Hit and Run can not only land you with probation and high fines, it will suspend your license, and can result in you facing jail time.

There are defenses to Hit and Run and ways to negotiate the case to significantly less serious offenses that will not result in jail or a suspended license. With experienced Georgia Hit and Run attorneys on your side, you can fight the case and keep your freedom and driving privileges. If you or someone you know has been involved in a Hit and Run, it is important to retain Hit and Run attorneys quickly. In some cases, an accomplished Hit and Run attorney can be proactive in negotiating lesser charges even before a surrender process. Call us today at 404-581-0999 for a FREE CONSULTATION with one of our knowledgeable Georgia Hit and Run attorneys.

Aggressive Driving Attorneys in Georgia

by Mary Agramonte

Georgia uses a point system to categorize different types of traffic tickets. Traffic offenses range from 1 point all the way up to 6 points. 6 point offenses are considered the most serious, have the harshest penalties, and are the most likely to land you in jail facing high fines and even a suspended license.

Georgia treats the offense of Aggressive Driving as a 6 point offense, meaning it is considered a very serious offense in Georgia courts. Under Georgia law, a person commits the offense of Aggressive Driving when he or she operates any motor vehicle with the intent to annoy, harass, intimidate, injure, or obstruct another person. For example, if you are overtaking and passing someone with that intent, then you can be charged with Aggressive Driving. Similarly, if you are “tailgating” someone by following them very closely, then you can be charged with Aggressive Driving. In Georgia, you can be cited or arrested for Aggressive Driving if an officer observes you commit an act of road rage or if someone on the road calls 911 to report it.

Aggressive Driving has harsh penalties, and because of that you need the best Aggressive Driving Attorneys in Atlanta on your side fighting for you and your freedom. Aggressive Driving is considered a High and Aggravated Misdemeanor. This means that the maximum penalty can be a $5,000 fine (which ends up being much higher with the additional court costs and fees), and can land you in jail for up to 12 months. This is all in addition to the 6 points it will add to your driver’s license , which is then reported to your car insurance company, which can result in significantly higher premiums.

If you are under 21, an Aggressive Driving conviction will automatically suspend your license. Even if you are over 21 years old, the Aggressive Driving charge can still suspend your license depending on how many other tickets you have had in the past two years. Additionally, if you are arrested on scene for Aggressive Driving, then this will appear on your criminal history forever, unless the case is won with the help of knowledgeable Atlanta criminal defense attorneys.

Get the legal help you need. There are defenses available to those charged with Aggressive Driving in Georgia, but you need experienced criminal defense attorneys on your side to protect your freedom, your wallet, and your future. Call us today for a FREE CONSULTATION at 404-581-0999.