Facing DUI charges in Georgia can be a daunting experience, but you’re not alone. Many individuals find themselves in similar situations, uncertain about their rights and options.

Here’s what you should know about the critical topic of evidence in DUI cases and how an experienced attorney can help you mount a robust defense.

Understanding evidence in DUI cases

In DUI cases, the prosecution relies heavily on evidence to establish guilt beyond a reasonable doubt. Understanding the types of evidence the state may use against you is crucial for building a solid defense strategy.

Blood alcohol concentration (BAC) tests

One of the primary pieces of evidence in DUI cases is the results of BAC tests, such as breathalyzers or blood tests. These tests measure the concentration of alcohol in your system at the time of the arrest. However, BAC tests are not infallible and can be challenged on various grounds, including improper administration, calibration issues or medical conditions that may affect the accuracy of the results. A skilled defense attorney may seek to suppress or discredit BAC evidence through meticulous examination and expert testimony.

Field sobriety tests (FSTs)

Law enforcement officers often administer field sobriety tests, such as the walk-and-turn or one-leg stand, to assess a driver’s physical and cognitive impairment. While FSTs are intended to gauge intoxication, they are subjective and prone to errors. Factors such as nervousness, fatigue or physical conditions can impact performance. Your attorney may challenge the validity of FST results by questioning the officer’s training, the conditions during testing or alternative explanations for poor performance.

Witness testimony and observations

Eyewitness testimony from law enforcement officers or civilian witnesses who observed your behavior before or during the arrest can also serve as evidence in DUI cases. Witness testimony may include observations of erratic driving, slurred speech or the odor of alcohol. However, witness testimony is not always reliable and can be influenced by bias or misperceptions. Your attorney may cross-examine witnesses to uncover inconsistencies or alternative interpretations of events.

Video and audio recordings

Many DUI arrests involve video and audio recordings captured by dashboard, body or surveillance cameras. These recordings may provide valuable evidence of your interactions with law enforcement, including field sobriety tests and statements made during the arrest. Your attorney can review these recordings to identify procedural errors, constitutional violations or opportunities for defense.

Chemical test refusal

Refusing to submit to chemical testing, such as breathalyzer or blood tests, can also be used as evidence against you in DUI cases. While Georgia’s implied consent law requires drivers to consent to chemical testing upon lawful arrest for DUI, there may be circumstances where refusing the test is justified. However, refusal can result in administrative penalties, such as license suspension. Your attorney can assess the circumstances surrounding the refusal and challenge its admissibility in court.

Navigating DUI charges in Georgia requires a comprehensive understanding of the evidence that the state may use against you and the strategies available for mounting a strong defense. By partnering with a skilled DUI defense attorney, you can challenge the prosecution’s evidence and protect your rights. Remember, you have the right to a fair trial and competent legal representation every step of the way.

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No one wants to look in their rearview mirror and see an officer’s lights start flashing. All the same, Georgia’s traffic officers stop drivers every day. Indeed, there’s a good chance you might someday find yourself sitting on the side of the road as an officer strides slowly to your door.

According to a recent survey of traffic stops, American officers pull over roughly 32 million drivers per year. That’s more than 87,000 traffic stops per day. Some drivers receive warnings. Some drivers receive tickets for minor offenses. Others find themselves facing criminal consequences that could be far more serious.

10 serious traffic offenses

Georgia does not rank within the top 10 states for most traffic stops per miles driven. Even so, the Georgia Governor’s Office of Highway Safety reports that we see traffic fatalities at a rate above the national average. That fact places pressure on traffic officers to root out dangerous driving. Officers might charge some drivers with serious offenses even when those charges aren’t warranted.

Altogether, Georgia criminal statutes identify at least ten traffic violations as “serious” offenses:

• Reckless driving
• Reckless stunt driving
• Driving under the influence
• Endangering a child while driving under the influence
• Homicide by vehicle
• Feticide by vehicle
• Serious injury by vehicle
• Fleeing a police officer
• Homicide by interference with official traffic-control device or railroad sign or signal
• Aggressive driving

Some of these serious offenses are misdemeanors. Many are felonies. Some start as misdemeanors and can become felonies, depending on the circumstances.

The circumstances matter

Indeed, it is often crucial to properly understand the circumstances surrounding any serious traffic offenses. Especially with charges such as “reckless driving” and “aggressive driving,” you can see clearly that there is often room for interpretation:

• The criminal code says that reckless driving is driving a vehicle “in reckless disregard for the safety of persons or property.”
• Aggressive driving is operating a motor vehicle “with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.”

Both these charges allude to the driver’s state of mind. It is possible that officers can make incorrect assumptions about a driver’s state of mind. They need to support their assumptions with evidence, and it is worth noting that the prosecution must use that evidence to prove the crime beyond the shadow of a doubt. If a good defense attorney can challenge that evidence or the prosecution’s interpretation of the evidence, the charges may not stand.

Charges do not equal convictions

Fortunately, there are options for drivers facing such serious charges. You have the right to defend yourself. Naturally, the best defense will change with the charges and the facts, but a good defense attorney can help you identify your options.

You might be able to get the charges reduced. You might arrange for a pretrial decision. Or, you might go to court and fight your charges in trial. Whatever you decide, you have the right to defend yourself from wrongful charges and all the immediate and long-term consequences that follow a conviction.

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You likely know that crash victims can seek compensation for their injuries. But you may not know what that compensation can include.
In Georgia, as most places, victims can seek compensation for their damages. The law says these damages may be “either general or special, direct or consequential.” The courts then interpret this by dividing these damages into three general categories. Depending on your circumstances, you may deserve compensation for one, two or all three types of damages.

Economic damages

Economic damages include all the concrete expenses you accrue as the result of your injury. These are things that are more easily measured:

• Medical treatment
• Physical therapy
• Lost wages
• Property damage, such as to your vehicle
• Home or car adjustments to accommodate any resulting disability

As some of these items suggest, it’s important to consider any future expenses directly related to the crash. If a crash leaves you unable to work, your lost wages may not just be the past wages up until the time you file. They may also include the future wages you will be unable to earn.

You might wonder if you can still claim medical expenses if your health insurance helped cover them. The answer is, “Yes.” However, it’s worth noting that if you receive compensation for your medical expenses, your insurance provider will likely file to get its money back. This is a process called subrogation, and a skilled attorney can typically negotiate with the insurance to reduce the amount they claim.

Non-economic damages

Whereas economic damages have reasonably clear price tags, non-economic damages are harder to measure. Even so, these damages often comprise the larger portion of your claim.

This is part of the reason it’s important to work with an experienced personal injury attorney, rather than accepting an early settlement offer from the insurance. Insurance companies frequently undervalue non-economic damages:

• Pain and suffering
• Loss of companionship
• Loss of consortium
• Mental anguish
• Trauma
• Reduced quality of life

As you can see, these are items that don’t come with an obvious price tag. Accordingly, Georgia says that you and your attorney can explain the value of these damages. The other party’s insurance is bound to argue for a lower value, so it’s important to understand how the courts view the evidence and how your case compares to other, similar cases.

Punitive damages

Punitive damages are rare, and they do not primarily aim at compensating crash victims. Instead, as Georgia’s laws note, punitive damages exist only in cases where “clear and convincing evidence” shows that the defendant acted out of “willful misconduct, malice, fraud, wantonness, oppression,” or such gross negligence as to demonstrate a “conscious indifference to consequences.”

Notably, the law says that these damages are intended solely to “punish, penalize, or deter” wrongful behaviors. It also caps the amount of punitive damages at $250,000, unless the case involved product liability, a specific intent to cause harm or the influence of certain drugs.

What are these damages actually worth?

By now, you can likely imagine how the full cost of a crash can exceed the insurance company’s settlement offer. Even if the offer looks large, it likely minimizes future economic damages, as well as your non-economic damages. If the crash owes to truly awful behavior, you may want to file for punitive damages. An insurance settlement will almost never anticipate those.

As a result, the Insurance Research Council released a study in 2014 which found that crash victims who worked with an attorney recovered 3.5 times as much as victims who settled on their own. That’s the average, so some cases were more. Others were less. But the numbers help show the value of working with a seasoned attorney.

Ultimately, getting the full extent of the compensation you deserve is a matter of understanding the different types of damages, understanding the law, understanding the values of similar cases and compiling the evidence in such a way as to make a clear and compelling argument. You may not need to go to trial to get the compensation you deserve, but you will need to do your homework ahead of any negotiations.

If you have been injured in an accident, talk with the experienced lawyers at Davis, Chapman, and Wilder, LLC in Augusta, GA to bring a personal injury claim and obtain the compensation your family deserves.

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When most people think of the justice system, they think of trials. Our television shows and movies are full of courtroom scenes. They would have you think that lawyers, defendants, witnesses and jurors always dig for the truth in tense, dramatic encounters. But the truth is that most cases look nothing like that.

Nearly all criminal cases end in plea deals. In 2005, the Bureau of Justice Statistics reported that 95% of all federal cases resulted in guilty pleas. The numbers may have changed a little since then, and the numbers for Georgia may not match those federal numbers. Even so, you can bet the prosecutors on your case expect you to plead guilty.

That raises a question: Can a plea deal ever lead to justice? The numbers are stacked against you. The playing field is tilted in the prosecution’s favor. You don’t start with much leverage. But you can improve your situation by remembering five key tips.

Stand for your rights

Before you have a chance to negotiate with the prosecutors, you’ll have plenty of chances to shoot yourself in the foot. Don’t. The police should read you your Miranda rights before asking you any questions, but even if they don’t, you want to exercise those rights.

You have the right to remain silent. You have the right to an attorney.

The police and prosecutors aren’t asking you questions so that they can realize they got the wrong person. They want to get your confession or uncover proof to use against you in court. Anything you say can be used against you in a court of law, and it can also be used against you during plea bargaining.

Understand the prosecution’s motive

A while back, the Assistant D.A. for the Towaliga Judicial District created a slideshow that explains the Georgia plea bargaining system from the prosecution’s point of view. One of the first slides makes a key point. You, as a defendant, have no constitutional right to plea bargaining. It is completely up to the prosecution to decide whether to offer or negotiate a deal.

Prosecutors offer these deals because they have more cases than time. Trials take a lot of time, and they cost a lot of money. Plea deals are much faster, and they’re easier on prosecutors and judges.

Let’s repeat that point: Plea deals are easier on prosecutors and judges. You may be able to reach an acceptable outcome, but the process doesn’t exist for you. It exists for them. If you don’t like the deals they offer, you have the right to a trial of your peers.

Recognize common tactics

The most common tactic in plea negotiations is charge bargaining. This is when the prosecutors tell you they’re thinking about charges X, Y, and Z, but they might settle for a lesser charge if you just plead guilty. If you hesitate, they may threaten to press heavier charges or add new ones.

None of this should surprise you. However, you shouldn’t take it all at face value, either. All the different charges they mention will demand different types of proof. It’s likely the prosecutors will try to bluff you. And, without professional guidance, you have almost no way to know whether the deals they offer you are reasonable.

The Department of Justice notes that prosecutors don’t always offer the same deals to different people in the same situations. For example, the statistics show that Caucasian suspects are much more likely to receive favorable deals than Blacks.

Come prepared

When everything is stacked in the prosecution’s favor, is there even a reason to negotiate? Yes, there can be, but you need to be prepared.

Plea negotiations are your chance to weigh the pros and cons of the prosecution’s offers. That means that you must first understand what you’re hearing. You need to understand the evidentiary standards for all the different charges. You want to understand what prosecutors have offered to other people in your position. You want to understand how strong or weak the prosecution’s case may be.

Generally, this means working with an experienced criminal defense attorney. Not just one who understand the law, but one who also understands the courts and people involved. Who has seen similar cases in the past. You want an attorney who can bring that experience to the table.

Make sure you understand your options

Finally, you need to understand the different options in front of you. And if there are any possible options that the prosecution hasn’t introduced, you want to understand those, too. You want to understand the risks linked to your choices and the likely consequences.

Your attorney can offer legal advice, but the choice is ultimately up to you. It’s your life, your rights, your freedom and your choice. You don’t want to enter a plea if you’re not absolutely clear what it could mean. If you want to go to trial, you should make sure you’re clear about the risks and the strength of your case.

Augusta Criminal Defense Attorney

Unfortunately, criminal charges can have harsh effects. It is important to understand the consequences of a conviction before deciding to plea or proceed to trial. We urge you to contact the Augusta Criminal Defense Attorneys at Davis, Chapman, and Wilder, LLC to schedule a consultation to discuss your criminal charges as soon as possible.

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Georgia police provide a valuable service. They work hard, often placing their lives on the line, to serve and protect our society. Sometimes, though, they may get overzealous in their efforts. When police go too far and cross the lines they’re not supposed to cross, innocent people can suffer.

As a result, we need the police to follow the rules as much as they seek to enforce them. Unfortunately, that’s not always how things work, so it’s important to recognize the mistakes police sometimes make. That way defense attorneys can help hold them accountable and protect their innocent clients.

Mistake #1: No reasonable suspicion for a traffic stop

Many arrests start with traffic stops. Police frequently stop drivers and then arrest them for driving under the influence or drug possession. However, the police need to have a reason to stop someone. They can’t just stop anyone they want, anytime they want to.
A traffic stop is only justified if the police have a “reasonable suspicion.” Indeed, in the case of The State v. Walker, the Georgia Supreme Court clarified that the police must have “articulable suspicion” to “seize” a person, even briefly. The Court continued to say that articulable suspicion means having more than a hunch. It means having enough specific evidence that a reasonable person might believe the police had reason to interfere with illegal activity.

Without specific facts that might reasonably point toward illegal activity, the police likely do not have reasonable suspicion to stop someone.

Mistake #2: Illegal searches

The Fourth Amendment protects us from “unreasonable” searches and seizures. This is why police usually need warrants to enter someone’s house and search it. However, the Fourth Amendment doesn’t just apply to houses. It also applies to traffic stops and many other situations.

Police often overstep their limits when they search someone’s vehicle without a warrant, without permission and without probable cause. There are many exceptions to the requirement for a warrant, but they don’t always excuse police behavior. Sometimes police expect they’re conducting a search legally under one of the exceptions, but they’re mistaken.

Mistake #3: Improperly administered sobriety tests

Police need proper training to administer both field sobriety tests and breath tests. When they fail to administer these tests correctly, they can find signs of drunkenness where none really exist.

As a result, it’s important for people facing charges based on these test results to question whether the officer properly administered these tests. Field sobriety tests, especially, demand that officers make subjective decisions about what they observe. This means it’s also important to question whether the officer correctly interpreted what he or she saw.

Mistake #4: No probable cause for an arrest

The police must have reasonable suspicion to stop someone momentarily. But to arrest someone, they need an even stronger reason. Here, they need “probable cause.” Effectively, it means the police need to be able to point to enough specific evidence to argue that it is more likely than not that someone committed a crime.

The police need to present probable cause to a magistrate to receive a search warrant, and they need probable cause to make an arrest.
Importantly, the standard for probable cause is higher than it is for reasonable suspicion. Indeed, the Georgia Supreme Court noted there are three levels of interaction between police and citizens. Momentary detentions, such as traffic stops, are the second level and require reasonable suspicion. Officers often use these temporary stops to look for evidence to support full-scale arrests. This is because full-scale arrests are the third level, and probable cause is the dividing line between temporary stops and full-scale arrests.

Mistake #5: Unlawful interrogation

After the police arrest someone, they must remind them of their Constitutional rights before interrogating them. If you’ve watched crime shows, you likely know about your Miranda rights. You have the right to remain silent. You have the right to an attorney.

Police sometimes fail to remind people of their rights. They also sometimes fail to respect someone’s decision to invoke their rights.
Meanwhile, the police have a lot of freedom to pursue different tactics in their interrogations. They can even lie. There are some techniques they cannot use. These include torture, drugging, various threats and other types of physical or psychological coercion. Even though these techniques are illegal, the police often toe the line. They may deny someone food or drink, or even the bathroom, for hours before questioning them. It’s important to ask if these interrogations are valid or if they crossed the line.

It’s important to point out police mistakes

Getting stopped by a police officer can be a tense and intimidating experience. Even routine traffic stops for speeding can get your heart racing. In these situations, it’s often hard to stay calm and point out police mistakes. But it’s important to make sure the police are playing by the rules.

The U.S. Constitution and the Fourth Amendment exist to help establish a balance between our freedoms and the government’s need to do its job. Police who push too far are breaking that balance. They’re limiting our freedoms. You may not be able to correct the police in the heat of the moment, but you can remember your rights. You can remain silent and ask for an attorney. Then it’s your attorney’s job to point out any police mistakes and help you receive real justice.

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What limits do the police have when establishing a DUI checkpoint in Georgia?

Criminal laws can be complicated, and many people charged with crimes do not fully understand their rights and options in their own criminal defense cases. One primary example involved checkpoint for Driving Under the Influence (DUI) in Georgia.

Are there limits to what the police can do when setting up a checkpoint? Can they single someone out by setting up a checkpoint? Do you have any rights when coming into a checkpoint?

It is important to understand the basics of the laws regulating DUI checkpoint in Georgia. It could be the difference between a serious criminal conviction and going free.

DUI checkpoint requirements

In Georgia, a legal DUI checkpoint must be:

• Authorized: For a checkpoint to be legal, it must have proper signed authorization from the supervising officer with authority to make this type of decision.
• Identifiable: Police cannot set up a “hidden” or “secret” checkpoint. It needs to be clearly labeled as a checkpoint.
• Intentional: A checkpoint needs to have a specific purpose. It cannot be set up to simply check cars for any legal violations. A checkpoint can be set up to check for licenses, for safety of vehicles, or for evidence of intoxicated driving. But there needs to be a specific purpose for the checkpoint.
• Comprehensive: A checkpoint must not be selective. At a checkpoint, the police cannot examine one driver but let others pass. All drivers must get the same basic initial examination. However, the police can ask any individual driver to pull over for further inspection, but only if the police find some probable cause of criminal activity like driving under the influence.
• Efficient: Police checkpoints need to be set up in such a way that keeps traffic delays to a minimum. Searches need to be brief and efficient, and there should be some type of supervisory officer on scene to make sure things are flowing smoothly.

It is encouraging to know that the police face significant limitations on what they can do regarding checkpoints. These are just the most important limitations the police need to account for when establishing and executing a checkpoint.

Finding police error to benefit your case

The main point of these limitations on checkpoints is that you can use them if you have been charged with DUI.

The legal principle involved is called illegal search and seizure. Basically, if the police violate your legal rights to obtain evidence, any evidence they obtain is inadmissible in court.

In the matter of DUI checkpoints, violations of checkpoint regulations could render the checkpoint illegal, and thus any evidence the police obtain at the checkpoint would be inadmissible, leaving the prosecutor without the evidence needed to convict.

A skilled criminal defense lawyer can look at the details of a checkpoint to determine if there were any violations of checkpoint regulations.

For example, if you were the only one who was searched at the checkpoint, or if the checkpoint was not clearly labeled, your attorney could use this in court as an example of illegal checkpoint procedures. Even if there were undue delays at the checkpoint, it could be considered an illegal checkpoint.

The most important thing you can do is work with an experienced criminal defense lawyer to explore the possibilities of fighting your DUI charges. If you were arrested at a checkpoint, searching for possible checkpoint procedural violations could be a promising place to start.

Even if the evidence against you seems damaging, do not give up without a fight. Exploring the DUI checkpoint procedures could result in rendering the evidence against you inadmissible and avoiding a conviction.

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Being charged with a theft crime can be a terrifying experience. Especially for first-time offenders, being arrested, possibly jailed and charged with a crime can be jarring. And the arrest and charge are just the beginning.

You might not know the different types of theft crime charges or the penalties involved with a conviction. Most importantly, you probably don’t know how you can defend yourself. Will you go to jail? What kind of fines will you have to pay? Is there any way to get charges reduced or dropped?

The first step is to understand the basics of theft crimes in Georgia. Talking to an experienced criminal defense lawyer will be critical to minimizing the penalties of this type of criminal charge.

Types of theft crimes in Georgia

Generally, a theft crime in Georgia is called a Theft by Taking. According to Georgia Code § 16-8-1, you have committed a theft by taking if you unlawfully take or appropriate someone else of their property.

This general crime definition includes all types of illegal taking, which can include theft by deception or theft by shoplifting.

Theft by deception

Theft by deception occurs when someone obtains someone else’s property, with the intention of depriving that person of ownership of the property, using deception.

Deception in this crime can include:

• Creating or confirming an impression of fact that the accused knows is false
• Failing to correct someone’s false impression of a fact
• Hiding information or preventing someone from obtaining information relevant to the property involved in the crime
• Transferring property known to be encumbered and intentionally failing to disclose the fact of the encumbrance (this can include a lien or other impediment on the property)
• In exchange for money or other property, making promises with no intention of performing these promises (the promises can involve exchange of products or services)

It is important to remember that these examples of deception are not necessarily crimes in their own right, but are only crimes when they are performed as part of a theft or other related crime.

Theft by shoplifting

Theft by shoplifting generally involves taking cash or merchandise from a store and retail outlet. This can include:

• Concealing merchandise in a store
• Changing the cost of an item on its price tag or exchanging labels from one item to another
• Changing containers in order to get a lower price
• Finding some other illegal way of paying less for an item than what the store is trying to sell the item for

Most of these shoplifting examples are relatively clear, but not everyone knows that doing something like switching price tags to save a couple dollars is considered a shoplifting crime. And the penalties for these crimes can be severe.

Penalties for theft crimes in Georgia

A theft crime can be considered either a misdemeanor or felony. All things being equal (no previous convictions or other aggravating factors), theft crimes involving $500 or less will bring misdemeanor charges, and those involving more than $500 will be charged as felonies.

A misdemeanor can result in up to a year in jail and fines.

A felony can result in anywhere between one year in jail and 10 years in jail, as well as fines.

How to defend yourself against theft crime charges in Georgia

Even a misdemeanor theft crime in Georgia can bring up to a year in jail, so it is important to defend yourself aggressively against these charges. The first thing you should do is contact an experienced criminal defense lawyer who knows how to fight for your freedom.

There are a few possibilities for defending yourself against these charges, including:

• Attacking the evidence: If the police violated your rights in some way or obtained evidence illegally, a good attorney can use this to get the charges dropped or to eliminate all evidence against you.
• Ownership: If you had a good reason to think you actually owned the property in question, this could be used as a positive defense against the charges.
• Intoxication: An essential element of a theft crime is intent. For a conviction, the accused had to have intended to commit the theft, knowing it was a theft. If we can show that you were intoxicated at the time of the crime, it might be a successful defense.
• Entrapment: If you were lured into committing the crime for the purpose of prosecuting you for the crime, that is called entrapment and can used as a defense against theft crime charges.

These are just a few examples of how to defend yourself against theft crime charges. There is no one right answer or one foolproof approach. The most important thing you can do is hire a legal team you can trust to mount a strong defense on your behalf.

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Search and seizures on someone who is walking down on the street: When are they legal?

Anyone who has been stopped by the police has had the same questions. What are the police allowed to do? Can they stop me for no reason? When they stop me, are they allowed to just search me however they want? Do I have any legal protections against illegal search and seizure?

There are, in fact, strict limits as to what the police are allowed to do regarding street side stops, searches and seizures. If you have been stopped by the police while walking down the street, you need to know your rights and understand what the police can and can’t do.

What is a search and seizure?

As Americans, we have a right to be free from unreasonable search and seizure, as guaranteed by the Fourth Amendment to the Constitution.

In general, for the police to stop someone and search them, or search someone’s property, etc., they need to have a search warrant. With a warrant, they can conduct a search that is limited to the scope of the warrant.

But, of course, in most cases involving police stops and searches on pedestrians, the police are proceeding without warrants.

Proceeding without a warrant: The reasonable suspicion requirement

Although the police are supposed to have a warrant, there are situations in which it is legal for them to stop a search someone without a warrant.

However, the police cannot stop you and search you for no reason. They need to have “reasonable suspicion” to justify the stop.

The case that has dictated the police’s reasonable suspicion requirement is Terry v. Ohio, 392 U.S. 1 (1968). In this case, the court determined that a police officer is justified in a warrantless stop and search is the officer has a reasonable belief that he or she, or the people around them, could be in danger from the person being stopped. In this circumstance, the police can conduct a reasonable stop and search to discover any weapons on the pedestrian’s person.

Once the stop is made, the police officer cannot hold you indefinitely. The stop must be limited to a reasonable time to conduct the search that warranted the stop. This means that the police cannot search you for a minute, then hold you there for no reason for two hours after the search.

Complications and exceptions

There are numerous complications and exceptions when it comes to the legality of stops, searches and seizures. All these nuances will depend on the specific facts of your case. If you have been stopped and searched, an experienced lawyer can help you determine whether the police action was legal, and what remedies you have available.

Why does this matter?

The reason these limitations on police action are so important is this: A violation of these rules could destroy their case against you in court.

The exclusionary rule

The exclusionary rule is simple. If an officer obtains evidence as part of a search that violates the rights of the person searched, that evidence is excluded in court. Without adequate evidence, the prosecuting attorney cannot win the case, so, in most cases, the charges are dropped.

Here’s a hypothetical example

A pedestrian is walking down the street alone. She is not making any sudden movements or acting suspiciously in any way. An officer stops her, and he pats her down. In the pat down, the officer discovers a bag of marijuana.

In the ensuing court case, the evidence of the marijuana in the pedestrian’s possession is excluded from the prosecutor’s evidence. Without this critical evidence, the prosecutor has nothing on which to base her case, and the defendant can go free.

What you should do

This is a simple example to illustrate how the exclusionary rule works in practice.

If you have been stopped and searched and are facing charges, and you are facing criminal charges as a result, you need to get help to defend your rights. A good lawyer will be able to break down all the facts of the stop and the search to determine whether there is any evidence of a violation of your rights which could result in the charges against you being dropped.

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When a serious accident arises, it is the first time for most people, so they don’t know what to expect in the process. Many questions arise. An experienced personal injury lawyer can answer your questions and help you understand your rights and options.

1. How long will the process take?

Every case is unique, so there is no way to accurately guess how long your case will take. Even the simplest settlement cases generally take at least a month or two.

A more complicated case, or a case involving a difficult defendant, could take a year or more.

The best thing to do is talk with a lawyer to determine how long your case might take.

2. Will I have to go to court?

Not necessarily. We settle most personal injury claims outside of court, so most of our clients do not have to see the inside of a courtroom.

3. How much does it cost for lawyer fees and expenses?

We take our cases on a contingency-fee basis. This means that our fee is based on a percentage of what we win for you at trial or in a settlement. Therefore, if we do not win, you do not have to pay any attorney fees.

4. Do I have to pay up front?

No. Again, since we work on contingency, you will only have to pay at the end of your case, and only if we win.

5. Do I have to sue a family member or friend if they caused the accident?

This is a little more complicated. Although technically, yes, the lawsuit would name your relative or friend if they are the liable party, the money will not come out of their pockets. In almost every personal injury claim, we are not seeking compensation from the liable party but from that party’s insurance company.

6. Do we have any connections with health care providers?

Yes. Our firm regularly helps clients find the best medical care for the injuries that have suffered.

7. Should I accept the settlement offer from the insurance agent?

No, you should not. Once you are sure your medical condition is stabilized, you should call a personal injury lawyer right away. Without legal representation, many injured people have accepted insurance settlement offers only to discover that the offer was inadequate to cover the true extent of damages and medical expenses. An experienced personal injury lawyer can protect your interests and make sure you get the maximum compensation award available.

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There are several factors a judge considers when determining if a jail sentence is appropriate. Take a closer look at a few of the specific variables that might come into play in your case.

How serious is the crime?

If you are convicted of a violent felony, you are likely to serve a prison sentence. Many violent felonies such as murder or armed robbery have mandatory minimum sentences that must be served in prison.

Do you have a criminal record?

It’s important to keep in mind that pleading guilty to a crime with a plea offer in place is the same as being convicted of a crime. Even if a plea deal in each case seems like a good offer, it may have other serious consequences that need to be considered. A criminal law attorney can provide insight into whether accepting a particular plea deal is in your best interest.

Were there aggravating factors in your case?

Being charged with misdemeanor DUI may result in a plea agreement that will keep you out of jail. However, if you crashed your car, injured another person, or drove with a dangerously high blood alcohol level, the charge might be upgraded to a felony. Those factors will likely increase your chances of going to jail if convicted of the crime.

If you are facing criminal charges in Augusta, GA, and would like to find out what defenses you have available, we encourage you to contact us for a confidential consultation. To speak with one of our criminal defense lawyers as soon as possible, call 706-200-1578 or inquire online now.

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