What do I need to bring to my consultation appointment?

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leatherAfter a ticket, accident, or arrest in Georgia, you should immediately call a qualified attorney to get advice.

I recommend that you also take the time to sit down and write out a detailed account of the events that occurred at the time of your accident or arrest.  Important facts include:

•   Where you were and who you were with prior to your arrest;
•   Why the police officer stopped you;
•   Any questions you were asked by the police, and your answers ;
•   Any tests you were asked to perform, what the instructions were, and how you think you did;
•   Whether you were asked to blow into a portable breath test, and if you were told the results;
•   Any rights you read at any time before, during, or after your arrest for DUI;
•   Any discussion that took place about breath or blood testing;
•   Any conversation that took place on the way to the jail or police station; and
•   Whether you took the test or refused it at the jail or police station.

It may also be helpful for you to write down any questions you want to ask at your initial meeting with your attorney.

How do I post bond in Cherokee County, Georgia after a DUI arrest?

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If your friend or loved one is arrested in Cherokee County, Georgia, it can be a scary and difficult process getting him or her out of jail.  When the Cherokee County Sheriff’s Office  arrests someone, they usually transport that person to the Cherokee County Detention Center, which is located at 498 Chattin Drive  Canton, GA,  30115.

The phone number for the jail is 678-493-4200.

Typically the jail will accept cash in the full bond amount, or you can go through a bail bondsman — who will likely charge a nonrefundable fee for posting the full bond amount on your behalf.

If you want to post a cash bond can be paid by anyone that presents the accepted currency.  Other than cash , the Sheriff’s Office will only accept Postal Money Orders, Cashier’s Checks, and Certified Checks.  There will be an additional non-refundable state required bond fee of $20.00.  This fee must be paid separately, in cash with exact change.  THE SHERIFF’S OFFICE DOES NOT MAKE CHANGE.

All of the cash bond, other than the 20.00 fee, will be returned to the person posting the bond at the conclusion of the trial or plea.

An approved Professional bonding company may be used for posting a bond. The bondsman will charge a NON-REFUNDABLE fee for he/her services. This fee is typically 12% for bonds under $10,000.00 and 15% for bonds over $10,000.00. The Sheriff’s Office does not set these percentages or fees.

Questions regarding bonding procedures and requirements can be directed to the Bond Administrator at 678-493-4164.

How do I post bond in Atlanta?

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shutterstock_95746732If your friend or loved one is arrested in Atlanta, it can be a scary and difficult process getting him or her out of jail. The Atlanta Jail is located at 254 Peachtree Street, SW, Atlanta, GA 30303.

The phone numbers for the jail are 404.865.8001 and 404.865.8010.

Typically the jail will accept cash in the full bond amount, or you can go through a bail bondsman — who will likely charge a nonrefundable fee for posting the full bond amount on your behalf.

If you intend to post the full amount yourself, keep in mind that a personal check will not likely be accepted and you should have a picture ID with you. Also, you may not be able to bring your cell phone into the waiting room area/lobby of the jail. Budget plenty of time as it could take quite a few hours for the process to be completed.

What is a “Habitual Violator” in Georgia?

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What is a habitual violator Photo 2Habitual Violator

Two previous convictions of those offenses listed below and a conviction of the current charge of one of these violations before the court within a five year period will result in the defendant being an Habitual Violator (O.C.G.A. §40-5-58).  For example, 3 DUI convictions within a 5 year period could trigger a Habitual Violator suspension.

Convictions and/or nolo contendere pleas arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will cause the violator to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

  • Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)
  • Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)
  • Any felony in the commission of which a motor vehicle is used
  • Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270
  • Racing on Highways or Streets as defined by O.C.G.A. §40-6-186
  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by O.C.G.A. §40-6-395
  • Unlawful or Fraudulent Use of or Application for a License or ID Card as defined by O.C.G.A. §40-5-120, O.C.G.A. §40-5-125
  • Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as defined by O.C.G.A. §40-6-15
  • Any felony forgery conviction if related to an identification document (§40-5-54)
  • Driving Under the Influence, Child Endangerment while DUI as defined by O.C.G.A. §40-6-391; §40-6-391(l)
  • Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)
  • Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394