Posts

Child Molestation Charges in Fulton County, Georgia

/in , , , /by

Child Molestation is a serious crime in the State of Georgia. If you are arrested in Fulton County or the City of Atlanta 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 Fulton County Crimes Against Women and Children Unit zealously prosecutes 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 the 11am calendar the following morning for First Appearance. At this hearing, the Fulton 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 Fulton County Courthouse. It is crucial to get an attorney retained to be at the First Appearance hearing at the Fulton 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 Fulton County or the City of Atlanta, 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 Fulton County.

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.

Forsyth County Family Violence Battery – Cumming Criminal Defense Lawyer

/in , , , , /by

A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors.   The State of Georgia, as a whole, has taken a stand against domestic violence.  There are domestic violence task forces across the State, and specialized prosecuting units. Every day we see the impact that family violence arrests have on Georgia’s criminal justice system. Police are told across the State to make arrests for Family Violence Battery if there is any evidence it occurred. Evidence, unfortunately, can be one-sided and be the result of a false allegation.

For those who have been arrested for family violence, there may be feelings of anxiety and stress as it relates to the potential impact the case will have. Jail time, a criminal history, and forfeiture of firearms for life are all very real concerns when facing Family Violence Battery charges in Georgia. An arrest is not a conviction, and there are options in the criminal process for your Family Violence case.

In order to be prosecuted for Family Violence Battery, the State must prove that the alleged victim falls within the statutory definition for “Household Members or Family.”

Under O.C.G.A. § 16-5-23.1, this includes past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.

 

The State must also prove that there was either “substantial physical harm” OR “visible bodily harm” in a Family Violence Battery case in order to get convicted of the crime.

 

What happens after a Family Violence Arrest in Forsyth County?

First, the person arrested for Family Violence Battery will have their booking photo and finger prints taken and then will be ordered into the Forsyth County Detention Center. The booking process, through fingerprints, creates the official criminal history that is then made public. After the booking process, the person arrested for Family Violence will see a Judge in their First Appearance hearing. This is where Bond will be addressed.

In order to get out on bond in a Family Violence case, the Judge must find several factors to be true. The Judge must find that the person accused of Family Violence Battery:

(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; and

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

These are referred to in Georgia as the ‘Ayala Factors’ based on the criminal case that first laid out what must be proven in order to get out on bond in a criminal case. Ayala v. State, 62 Ga. 704 (1993).  Retaining an attorney immediately at arrest means having representation at what many people view as the most important step: getting out of jail as soon as possible. A skilled attorney will do an investigation into the case  and allegations and put forth the best possible argument to have their client released on pretrial bond in their Family Violence case.

 

In a Family Violence case, the Judge may order certain requirements in order to be allowed out on bond. For example, the Judge can order domestic violence classes, or for the accused to not have any weapons while out on bond. We see in most domestic violence cases, if the person is not represented at First Appearance, that the Judge will issue a No Contact provision and Stay Away Order. This means that once the person is released, they are not allowed in many cases return to their home, or speak to the parent of their child or their husband or wife. This is something that in most cases can be avoided through proper investigation and preparation for a bond hearing.

 

What is the potential punishment for Family Violence Case in Forsyth County?

The punishment for a family violence case is codified at O.C.G.A. § 16-5-23.1 and the maximum penalty is the same across the State of Georgia. On a first conviction for Family Violence Battery, there is a maximum penalty of 12 months in custody and a $1,000 fine. Keep in mind, that the maximum penalty can be greatly increased based on what the State charges via the Accusation. For example, if there is one count of Family Violence Battery, one count of Simple Assault, and one count of Disorderly Conduct, and the charges all based on different conduct, the maximum penalty in that case would be three years to serve. A second or subsequent conviction with the same family member (as classified above) or another family member results in a felony conviction with a maximum penalty of five years in prison.

While a first lifetime conviction of Family Violence Battery appears to be just a misdemeanor, there are several collateral consequences that do always appear at first glance.  For instance, under Federal law, any person convicted of a crime of domestic violence can no longer lawfully possess a firearm.   Georgia’s classification of Family Violence Battery falls within the Federal definition of “domestic violence.”  Thus, a Georgia citizen who has a conviction of Family Violence Battery can no longer possess a firearm without the possibility of facing criminal charges in Federal court. This is a permanent forfeiture of your ability to carry a weapon.

In addition, while the maximum includes 12 months in custody and a $1,000 fine, many Judges throughout the State will require individuals convicted of Family Violence Battery to serve time on probation in lieu of jail time, with the conditions of completing a domestic violence program.  These programs go by several different names, but they generally include 24 weeks of classes, counseling, and program fees that are no included in the fine levied by the Judge.  In addition, Judges can add community service, counseling requirements, fines, and alcohol and drug evaluations.  It is important to know that all of these things can be negotiated by your attorney.

Keep in mind: an arrest is NOT a conviction. Just because you have been arrested for Family Violence in Gwinnett County or any county in the State, does NOT mean you will be ultimately convicted, and have to face the criminal history implications and criminal punishment. As in all criminal cases, there are numerous defenses and options to resolve cases short of a guilty plea!

Being charged with Family Violence Battery can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every Family Violence Battery case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.  If you or a loved one has been charged with Family Violence Battery, please contact our office today at 404-581-0999 for a free consultation.

Drug Possession in Atlanta, Fulton County Georgia

/in , , , , , /by

The legal system in Fulton County treats drug crimes very seriously. If you have been arrested for the possession of drugs in Fulton County, you could be facing prison time.

If you have been arrested in Fulton County, the Fulton County District Attorney’s Office will prosecute the case. The Fulton County Superior Court is located at 136 Pryor Street in Atlanta, Georgia. Shortly after arrest, you will have a First Appearance hearing where the Judge will notify you of your charges and rights and then make a determination for bond. In Georgia, there are five factors Judges use to determine whether or not to release someone on bond. These are known as the Ayala factors (Ayala v. State, 262 Ga. 704 (1993)). Judges may issue a bond upon a finding of the following factors:

  • The person poses no significant risk of fleeing or failing to appear in court when required
  • The person poses no significant risk or danger to a person, property, or community
  • The person poses no significant risk of committing a felony while out on bond
  • The person poses no significant risk of intimidating witnesses or otherwise obstructing justice

Under the Georgia Controlled Substance Act, drugs are classified into 5 schedules based on their potential for abuse, tendency for addiction, and their recognized medical uses. Schedule I is considered to have the highest risk of physical and psychological dependency and are considered to have no medical use, while Schedule V is recognized to have lower risk of dependency and legitimate medical use. The following are common examples of drugs that the lawyers of W. Scott Smith P.C. have defended in the past.

Schedule I

Heroin, THC, LSD, and MDMA (ecstasy).

Schedule II

Cocaine, Codein, Hydrocodone, Morphine, Methadone, Amphetamine, Methamphetamine, Oxycontin, Percocet

Schedule III

Suboxone, Ketamine, Anabolic steroids

Schedule IV

Xanax, Ambien, Valium

Drug Possession Penalties in Fulton County

The penalties in Fulton County and in Georgia are harsh. Possession of drugs in Georgia is a felony, except for marijuana if it less than an ounce. If it is your first offense and you are found guilty of a Schedule I or II drug, you are looking at 2-15 years in prison, intense probation, and high fines.

On second or subsequent offenses of Schedule I or II drugs, you are looking at at least 5 years in prison, and up to 30, with the possibility of similar probation and high fines as the first.

If you are found with Schedule III, IV, or V drugs, the penalty will be 1 to 5 years in prison. If it is your second or subsequent offense, you are facing 1 to 10 years prison time.

Additionally, if you are found guilty and a car was used during the felony, your driver’s license will be suspended.

How the State Proves Possession

The drugs do not have to be found on your person for you to be guilty of drug possession. Driving a car in which drugs are found is sufficient for the law to determine that you are in violation of the Controlled Substance Act. Even if the drugs are found thrown out or hidden, the State will still try to prove you were in possession. Depending on where the drugs were found, two people or more can be considered to have possession of the same drugs. Important facts for both the state and defense are whether or not paraphernalia or residue in plain view was found, and also whether you attempted to flee.

Additionally, drug crimes almost always implicate Fourth Amendment a analysis which can serve as a basis for suppression of the drugs. This means that if the State unlawfully searched or seized the drugs, the drugs are thrown out of evidence, and the case dismissed.

Talk to an Attorney

Because a conviction of drug possession carries serious prison time, it is important you speak with an attorney who is knowledgeable about drug possession laws in Georgia. Pleading guilty to any drug possession offense will have lifelong consequences that we want you to avoid. We would like for you to understand what you are facing and all of your legal options so that you can move on from this arrest in the best way possible. Call us for a FREE CONSULTATION today at 404-581-0999 and mention this blog.

Theft by Receiving Arrest in Georgia

/in , /by

Georgia law has two different statutes that address the crime of theft by receiving. The first section defines the offense of receiving stolen property while the second Georgia statute describes receiving property that was stolen from another state.

The first statute describing the crime of theft by receiving is transcribed in O.C.G.A. § 16-8-7. In this section, theft by receiving occurs when a person receives, disposes of, or retains stolen property, which he/she knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the rightful owner.

In order for the prosecution to convict a person of theft by receiving, it must prove beyond a reasonable doubt the following four elements. These elements include:

  • The accused bought or received the goods in question;
  • The goods in question have been stolen by some person other than the accused;
  • At the time of the transaction, the accused knew or should have known that the goods in question were stolen; and
  • The accused acted with criminal intent.

Therefore, if the direct and uncontested evidence proves that the accused is the original thief of the goods in question then the accused cannot be convicted of theft by receiving. Furthermore, even if the accused is not certain, but has reason to believe that the goods in question are stolen, the accused may have committed theft by receiving according to Georgia law.

The second section regarding the crime of theft by receiving is described in O.C.G.A. § 16-8-8. This statute is read in the same manner as O.C.G.A. § 16-8-7, except for the fact that the property in question was received, disposed of, or retained in another state other than the state of Georgia.

Value of Goods

In determining whether the theft by receiving charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, and then received by the accused. For misdemeanor theft by receiving convictions, usually the value of the goods in question must be estimated at a value less than $1,500. For a felony conviction, the goods in question must at least be valued at $1,500 or more. However, if the value of the goods is estimated at more than $1,500, but less than $5,000, the judge has discretion in sentencing the accused to either a misdemeanor or a felony. This is also true for theft by receiving offenses in which the value of the goods is at least $5,000, but less than $25,000.

Contact Us

Due to the severity of the punishment for a theft by receiving conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by receiving, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by receiving, please call our office today at 404-581-0999 for a free consultation.

Possession of Marijuana is Still a Crime in Georgia

/in /by

Arrests for possession of marijuana are very common in Georgia. If an individual possesses less than one ounce of marijuana, they likely will be charged with a misdemeanor. However, if they are found to have possessed more than one ounce of marijuana, the offense will generally be classified as a felony. A conviction of possession of marijuana can have serious consequences on one’s life, such as fines, possible jail time, risk of a criminal record, possible probationary term, employment concerns, suspension of a driver’s license, etc. Therefore, if you have been arrested for possession of marijuana, it is strongly advised that you speak to an experienced criminal defense attorney immediately about your pending case.

The Offense

Georgia Criminal Code § 16-13-30 states that it is illegal for any person to possess, purchase, or have under their dominion and control a controlled substance, such as marijuana. To have possessed marijuana, there must be actual or constructive possession of it by the defendant. This does not necessarily mean that it needs to be found on their person, instead the defendant can merely have constructive possession of the marijuana to be convicted of this offense.

Actual Possession: For purposes of determining possession of marijuana, a person who knowingly has direct physical control over the drug is considered to have actual possession of it.

Constructive Possession: Constructive possession of marijuana exists where a person, though not in actual or direct physical possession of the drug, knowingly has both the power and the intention at any given time to exercise dominion and control over it. This means that where a defendant knows that marijuana is in proximity to him/her, and they have an intent to possess or physically control it, that individual can be found guilty of possession of marijuana. However, spatial proximity to drugs alone, without any additional evidence such as evidence of the intent to possess, is not enough to support a conviction for possession of marijuana. Therefore, at trial an experienced criminal defense attorney could argue that if a defendant is not aware of the marijuana, does not have the intent to possess or control it, and does not have direct physical possession of it then they cannot be convicted of possession of marijuana.

Punishment

A defendant’s first conviction of possession of marijuana, where they possessed less than one ounce, can risk them facing up to one year in jail or a $1,000 fine. If the defendant possesses between one ounce and ten pounds of marijuana, the offense is a felony and the defendant can face anywhere from 1-10 years in jail or prison. If the aggregate amount of marijuana is more than ten pounds, the offense is considered to be trafficking of marijuana and a defendant can face up to fifteen years in prison. Because of the severity of the punishment for possession of marijuana, it is vital to hire an experienced criminal defense attorney that understands the law, is aware of the defendant’s rights in the criminal justice system, and can zealously defend their client at trial. At the Law Offices of W. Scott Smith, our lawyers are trained to know the possible options if you have been arrested and charged with possession of marijuana, we are experienced and skilled at defending such a charge, and we work tirelessly at advocating for our client’s rights. Thus, if you or a loved one has been arrested for possession of marijuana, please call our office today at 404-581-0999 for a free consultation.

Did I get arrested? A discussion of what constitutes an arrest and how it impacts your Georgia Criminal History

/in , , , , , /by

In Georgia, many offenses that are not crimes in every state, like traffic offenses, are considered criminal offenses. Because so many offenses that aren’t treated like crimes in every state are crimes, it’s important to know if your interaction with law enforcement constitutes an arrest in the State of Georgia.

Not every arrest will go on your criminal history. For an arrest to go on your Georgia criminal history or GCIC you must be fingerprinted and it must be reported to the Georgia Bureau of Investigation. If you aren’t fingerprinted, that arrest should not show up on your criminal history. Lets talk about some specific instances and whether they constitute an arrest

Traffic Citations

Traffic citations are considered arrests in Georgia, but not in the traditional sense, and most likely do not have to be reported. If you are given a traffic citation and allowed to drive away, or given a citation by an officer on the street and allowed to leave, that is technically an arrest. But that arrest will not show up on your criminal history because you were never fingerprinted. A conviction for any traffic offense will show up on your driving history.

Traditional Arrest (Handcuffed, Taken to Jail, and Fingerprinted)

If you were handcuffed, taken to jail, and fingerprinted by any Georgia law enforcement officer, you should expect that arrest to show up on your criminal history. Most non-traffic offenses will result in arrest, but occasionally some minor misdemeanor offenses in Georgia like possession of marijuana less than an ounce, theft by shoplifting, minor in possession of alcohol, and disorderly conduct will not result in arrest. You may only be issued a citation. However, in these instances, you may be asked to be fingerprinted when your case is resolved, even if that resolution ends in dismissal.

Warrant Application Hearings

A warrant application hearing is different than the traditional arrest process. If a citizen believes you have committed a crime against them, they can go to the Magistrate Court in the county which the alleged crime occurred and file a warrant application. You would then be required to appear in front of a judge. The Judge would hear evidence bfrom both parties regarding the alleged criminal conduct and decide if a warrant should be issued. If the Judge grants a warrant, they can either ask you to turn yourself in and post a bond (often times just a signature bond) or ask the Sheriff to take you into custody. That is the Judge’s discretion. A warrant application may or may not go on your Georgia criminal history. Again, it depends on whether or not you are fingerprinted during the process.

We hope this knowledge assists you in understanding the warrant process. Our office is here for all your Georgia criminal law needs. Please call us today at 404-581-0999.

DUI Less Safe

/in , , , , /by

by Casey Cleaver

O.C.G.A. § 40-6-391 prohibits a person from driving or being in actual physical control of a moving vehicle when alcohol or a drug makes it “less safe” for that person to drive. The wording of the statute begs two major questions: (1) What does “less safe” mean? (2) How can the State prove alcohol or drugs made someone a less safe driver? This article serves to answer these questions.

In Jones v. State, the Georgia Court of Appeals held that the DUI statute does not require a finding that the driver was unsafe; it only requires a finding that the person was a less safe driver than they would have been were they not under the influence of alcohol [or drugs].[1] Therefore, there is no requirement that the person actually commit an unsafe act.[2]

In State v. Kachwalla the Supreme Court of Georgia held that “less safe to drive” under paragraph (a)(2) of O.C.G.A. § 40-6-391 and “rendered incapable of driving safely” under paragraph (a)(6) of O.C.G.A. § 40-6-391 set the same standard of impairment necessary to establish that a driver was driving under the influence of alcohol or other intoxicating substance.[3]

Case law indicates that circumstantial evidence, opinion testimony, and/or expert witness testimony can be sufficient to prove that drinking alcohol or doing drugs made a defendant a less safe driver.[4] These cases, however, seem to avoid the issue of how, if a witness does not know a defendant’s usual driving habits (e.g. he/she usually speeds, weaves, fails to use turn signals, etc.) that witness can determine whether in a particular situation, consumption of alcohol rendered the driver less safe. It seems necessary that in order to prove alcohol or drugs made someone a less safe driver, the State would also have to provide evidence of the defendant’s normal driving habits and then compare those normal habits against the driving observed by law enforcement.[5]

If you or someone you know has been charged with DUI under the “less safe” provision contact our office today for a free consultation.

[1] Jones v. State, 207 Ga. App. 469 (1993)

[2] Moss v. State, 194 Ga. App. 181 (1990)

[3] State v. Kachwalla, 274 Ga. 886, 887-888 (2002) (stating, “less safe to drive” and “rendered incapable of driving safely” are equivalent standards, legally, historically, and semantically)

[4] Dudley v. State, 204 Ga. App. 327 (1992) (holding expert witness testimony that the amount of cocaine found in defendant’s system would render him a “less safe” driver was sufficient to support the jury’s finding of guilt); Geoffrion v. State, 224 Ga. App. 775, 779 (1997) (holding testimony that the defendant weaved and crossed the centerline was sufficient evidence to sustain a verdict that defendant was a less safe driver); Duggan v. State, 225 Ga. App. 291, 293 (1997) (holding that when there is evidence that the defendant has been drinking, evidence of the manner of driving, including excessive speed, may be taken into consideration to determine whether the intoxicant affected him to the extent that he drove less safely); Hamilton v. State, 228 Ga. App. 285 (1997) (holding officer testimony regarding his observations of defendant and defendant’s performance on Field Sobriety Tests was sufficient to establish the defendant was intoxicated to the point that he was less safe to drive).

[5] See Peck v. State, 245 Ga. App. 599 (2000)

Forgery Laws in Georgia

/in , , , , , , , , , , /by

by Ryan Walsh

There are four degrees to the offense of Forgery in the State of Georgia.

Forgery in the first and second degree involves the making, possession or alteration of a writing other than a check in a fake name or in a manner that alleges the document was made by another person at another time without the authority of that other person. It is forgery in the first degree if that writing is used, presented , or delivered; and forgery in the second degree if it is never used, presented or delivered.

To be found guilty of forgery in the first or second degree you have to have knowledge that the writing is forged and that you have made, possessed or altered the document with the intent to defraud another party.

Forgery in the third and fourth degrees involve the same elements of forgery discussed above but the writing involved is a check.  If the check is for $1,500 or more or you have ten or more checks in your possession then you will be charged with forgery in the third degree. If the check is for less than $1,500 or you have less than ten checks in your possession then you will be charged with forgery in the fourth degree.

Forgery in the first through third degrees is a felony offense in the State of Georgia. Forgery in the fourth degree is a misdemeanor offense.

If you’ve been contacted by a law enforcement official about a potential issue at a bank it is important that you exercise your right to remain silent and call a lawyer immediately to discuss your case, your options, and potential outcomes.

Being convicted of a forgery charge can impact your ability to gain future employment or obtain professional certifications in the State of Georgia.

Our office of Georgia criminal defense attorneys have experience in defending forgery and fraud crimes. Call us today at 404-581-0999 for a free consultation.

Search Warrants and Social Media in Georgia Criminal Cases

/in , , , , , , , , , /by

by Mary Agramonte

Social media has become, for many of us, a central part of our lives. We use Facebook to share and view photos of friends and family, and even to catch up on daily news. We use Snapchat to send live photos or short clips and videos to those in our circle. Instagram exists to view photos of friends and strangers, and even to gain inspiration for food, travel, and lifestyle.

These social networking sites are used and enjoyed by people in all walks of life. Consequently, as the use by the general population increases, so does use for those engaged in drug dealing, gang activity, and other criminal acts. For this reason, social media and apps once thought to be private are becoming the key pieces of evidence as law enforcement is obtaining this information through search warrants. Search warrant allow police to conduct searches of people and their belongings for evidence of a crime and they are now being used to gain entry into your Facebook, Snapchat, and other sites.

Snapchat has recently come out to say that 350 million Snaps are sent every single day. Before these fleeting photos are opened, they exist on Snapchat’s server awaiting for the person on the other end to open it.  Some unopened Snaps, they’ve admitted, have been handed over to law enforcement through search warrants.

Facebook is no different and law enforcement is using the site regularly to investigate crimes. While a law enforcement agency is free to look at your public site, they are even able to obtain a search warrant even for the private aspects of your account. A recent case in the 11th Circuit, United States v. Blake, involved search warrants for email and Facebook accounts.  Law enforcement in Blake sought essentially every piece of data on the person’s Facebook account. The court stated that the search warrants were overly broad and stated they must still be specific and limited in scope. The data was still fair evidence despite this, as the officers relied on the good faith exception to the exclusionary rule, and the State was allowed to use the evidence from their Facebook account against them.

There tends to be a false sense of privacy for those engaged in sending Snaps, Facebooking, or Instagramming. These ‘private’ sites and photos can and do become to subject of search warrants in law enforcement investigations, and the biggest piece of evidence in a case might just end up being something you posted  or sent with the belief it would remain private.

Georgia DUI – License Hearing and Ignition Interlock Device

/in , , , , , , , , /by

Do I fight for a license hearing or choose an Ignition Interlock Device? This is a tough question but one that must be answered within thirty days of your arrest. The Ignition Interlock device is a decent option for those individuals charged with a DUI-Refusal where they are facing a hard one-year suspension if they lose the administrative license hearing. The license hearing is the only recommended route for a DUI-Per Se case where you ultimately submitted to a chemical test of your blood, breath, or urine. This recommendation is based on the fact that you are eligible for a limited driving permit even if you lose the hearing. Installing the Ignition Interlock in this situation will just add unnecessary burden and expense. Still, many times we will advise you to submit a request for an administrative hearing even if you are facing the one-year hard suspension , but that decision is based on your personal needs and the facts of your case.

If you wish to file an appeal and request an administrative hearing, then the formal request must be mailed off within thirty days from the date of your arrest. Those are not thirty business days and that is a strict deadline so you must mail your request the Friday before the deadline if it falls on a weekend.

If you wish to go the Ignition Interlock route, then you must first install the Ignition Interlock device at a certified provider. With the Ignition Interlock installed, you must then go to your local DDS branch to show proof of installation and file a waiver of the administrative hearing.

Making this decision isn’t easy, but it’s often the first step of the DUI process. For an in-depth evaluation of all your options, call us today for a free consultation at 404-581-0999.