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STEP SIX: BOND HEARINGS

Once someone has been locked up for a criminal offense, the first question on his loved one’s mind is ‘how do we get him out?’ As I’ve explained in previous posts, bond can be set at various points throughout the process (pre-set in warrants, set at first appearance or at preliminary hearings).  However, if no bond has been set by… read more →

STEP FIVE: FORMAL CHARGES VIA INDICTMENT OR ACCUSATION

Many people wrongly assume that whatever charge they’ve been arrested on is the only charge that the state can pursue against them at trial. In reality, the warrant is merely the starting point. Under Georgia law, formal charges (the charges that will be presented to a jury at trial) are brought through one of two ways: a grand jury indictment… read more →

STEP FOUR IN CRIMINAL CASE PROCEDURE: THE PRELIMINARY HEARING

In the last blog I discussed the First Appearance Hearing and as I noted in that article, the term "Preliminary Hearing" or "Commitment Hearing" or "Probable Cause Hearing" are often inaccurately referred to as First Appearances and vice versa. The reality is that the two hearings, while related, serve different purposes. [caption id="attachment_4522" align="alignnone" width="300"] Finding Probable Cause[/caption] DETERMINING PROBABLE… read more →

STEP THREE IN A CRIMINAL CASE – THE FIRST APPEARANCE HEARING

THE FIRST CHANCE TO FACE A JUDGE AFTER ARREST The first appearance hearing (often incorrectly referred to as a preliminary hearing or probable cause hearing) in a criminal case is typically the first chance for an inmate to appear before a judge after he’s been arrested.  Uniform Superior Court Rule 26.1 provides that an inmate arrested on criminal charges must… read more →

STEP TWO IN A CRIMINAL CASE – GETTING BOOKED IN AT THE LOCAL JAIL

[caption id="attachment_4549" align="alignnone" width="193"] Behind Bars[/caption] ARRESTED ON A CRIMINAL CHARGE I'm sure we've all witnessed the process getting booked into jail from either reality TV shows or fictional dramas like Law & Order. But watching it happen to someone else is an entirely different thing than experiencing it first-hand. I've had clients describe to me in great detail the… read more →

GEORGIA CRIMINAL PROCEDURE: THE ARREST WARRANT

Yesterday’s blog gave an overview of the procedural process for a criminal case in Georgia. Today, I’m going to explain in more detail Step 1 of the process: the arrest warrant. Our Constitution provides that a person can be arrested only if there is probable cause to belief he/she committed a crime. Our system is set up so that a… read more →

CRIMINAL CASE PROCEDURE EXPLAINED

ARRESTED AND NEED A CRIMINAL DEFENSE ATTORNEY If you (or a loved one) have never been in trouble with the law and suddenly find handcuffs around your wrists and people bustling to figure out how to get you out of jail, then you understand completely the frustration of not knowing what’s happening now and/or what is going to happen next.… read more →

Never, Ever, Ever Consent to a Search by Police

POSSESSION OF ILLEGAL DRUGS Throughout my career as both a prosecutor and criminal defense attorney, I have been astonished as to how many people will agree to allow the police to search either their home or cars. I am always the most surprised by those who know they have contraband (illegal items such as drugs or weapons) in their possession… read more →

Who Is Fighting For You?

[caption id="attachment_4522" align="alignnone" width="300"] The Fighting Ring[/caption] TRIAL LAWYER VS. LITIGATOR I am a trial lawyer. That is to say that I go to battle for my clients by standing before juries and passionately explaining to them why my client is right and the other side is wrong. Because of my background, I am able to do this successfully in… read more →
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