Question 1

Can't I represent myself?

Accepted Answer

There is a very old saying, "The attorney who represents himself has a fool for a client." What does this say about a non-attorney attempting to represent himself?

Question 2

Who has the final say on my case?

Accepted Answer

You have the final say. We give advice and you make the decisions. If you want to accept a settlement, we will follow your orders. If you don't want a lawsuit, we will follow your orders. We will let you know if we don't like your orders, but we will follow them or withdraw.

Question 3

What is a Retainer?

Accepted Answer

A retainer is a payment made to reserve the firm’s legal services and is the down payment towards the total fee for an individual case.  Once the retainer has been paid, work can immediately begin on your case.  Retainer fees are non-refundable.

Question 4

My boyfriend just got arrested. When is he going to court?​

Accepted Answer

The first appearance hearing normally occurs within seventy-two hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  It is a brief hearing that normally takes place at the jail, where you will be: (1) told the charges; (2) told the bond amount (if any); and (3) asked about your legal representation.

Question 5

What is going to happen at my son’s bond hearing?

Accepted Answer

The judge conducting the bond hearing will consider four factors, none of which is more important than the other, but all will be held against you in deciding whether to grant the bond:
(1)    Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;
(2)    Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;
(3)    Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and
(4)    Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.

Question 6

What kind of Bonds Are there?

Accepted Answer

What kind of Bonds Are there?
If the judge sets a bond, it will be one of four types of bond:
(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.  This is the best type of bond, because it is sign and go.  It is the type of bond most automobile driver’s are granted after a traffic citation.  It is rarely granted on felony offenses.  
(2) Property bond is a secured bond, where defendant or family/friend posts equity in property as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.  A property bond is a good bond, because it does not require the outlay of any money.
(3) Cash bond is a secured bond, where defendant or family/friend posts the face amount of the bond and any surcharges as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.  A cash bond is a good bond, because at the end of the case, all of the money is returned to the person that posted the bond.
(4) Surety bond is a secured bond, where defendant or family/friend can post property, cash or have the bondsman go on the bond as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.

Question 7

What is a felony?

Accepted Answer

Felonies are crimes punishable by a minimum sentence of one (1) year, which can include time in prison and/or substantial fines.  Being charged and/or convicted of a felony offense can have numerous consequences.

Question 8

The police called and said they want to talk to my son about a burglary. What should I do?​

Accepted Answer

We strongly urge you to refrain from possibly inferring incriminating information to those whose job it is to punish you to maximum penalty, regardless of extenuating circumstances. Any good criminal defense lawyer would urge you to refrain from discussing the details of your alleged crime with anyone except your Georgia criminal law attorney. Do not relinquish your rights by pleading guilty before seeking legal counsel. Harsh penalties and lifelong punishment can cause life-altering hardships.

Question 9

Can the Police Stop My Car at Any Time Without a Reason?​

Accepted Answer

A law enforcement officer should have a reasonable basis before stopping a car. A reasonable basis may include observing questionable, erratic and/or illegal driving conduct, mechanical problems with the car, observing that the car does not meet legal requirements, or knowing that a crime or traffic offense has taken place.

Question 10

When can the Cops search me without a warrant?​

Accepted Answer

Generally the police must have special circumstances to have a right to do a search without a warrant. The special circumstances may include:
• A search incident to an arrest, such as an inventory search
• The existence of exigent circumstances such as an emergency or situation where the search must be conducted immediately in order to preserve evidence
• Observation of an illegal substance in plain sight of the officer, such as a gun or drugs on the seat of a car stopped for a traffic offense

Question 11

What happens if the victim/witness does not show up?​

Accepted Answer

The simple answer is if the victim or complaining witness doesn’t show up and the State does not have independent evidence of your guilt outside of the absent witness (i.e. police officer, audio tapes, video tapes, other witnesses), the charges will likely be dismissed, however this rarely happens in felony cases.
If by chance the witness has been subpoenaed, then the victim must come to court, or the prosecutor can request a material witness warrant, and have the victim locked up in jail, until the prosecutor is ready for the victim to testify.  While it is typically reserved for more serious offenders, because prosecutors do not like to lock up victims, it is available for misdemeanor family violence battery charges also.

Question 12

What if the victim shows up and changes her story or indicates noting happened?​

Accepted Answer

As long as the victim appears, the case goes to the jury.  As long as the victim appears, the prosecutor could care less what they say from the witness stand because their presence alone ensures what they told the police beforehand is going before the jury.
In reality, there are only three things that a victim can say from the witness stand: (1) what I told the police was the truth; (2) what I told the police was not the truth; (3) I don’t know what I told the police, or I don’t remember anything.  The first one instantly damages your case, and the last two make the witness look unreliable and untrustworthy, also damaging your case.

Question 13

What is the cost of a DUI, Alcohol or Drug Use Risk Reduction course?​  "

Accepted Answer

The cost of a DUI, Alcohol or Drug Use Risk Reduction course is set by law. The total cost of the course is $292.00. This includes the Assessment Component ($82.00), the Intervention Component ($190.00), and a workbook ($20.00).

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