The Georgia First Offender Act (FOA) is a provision of Georgia law that allows certain individuals to enter a plea of guilty or nolo contendere but avoid a criminal conviction, giving first time offenders the opportunity to to learn from their mistake and move on with their lives without the burden of a conviction. This […]
Your official Georgia criminal history record contains information about every incident for which you have been arrested, fingerprinted, and charged with a felony offense or certain misdemeanors (those designated as “fingerprintable offenses” by the Attorney General of Georgia). Your Georgia criminal history record will include data on your identification (name, birth date, social security number, […]
If an officer has seen you commit a crime, has probable cause that you have committed a felony, or a judge or magistrate has issued an arrest warrant (supported by probable cause), an officer may perform an arrest.
Your Miranda Rights
Every person who is arrested by police must be informed of their legal rights to remain […]
Following an arrest and jail booking, a defendant is given a bail hearing where the judge will set a bail amount. Paying the bail amount to the court allows the person who was arrested to be released from jail. Not paying the bail means the person will have to remain in jail until their court […]
After being released on bail, you may ask yourself what you can and can’t do. Depending on the details of your case, it may take several weeks or even months before you go before a judge. In addition to not being arrested again while you are out on bond you will need to abstain from […]
A bail amount is usually set by a judge at a suspect’s first court appearance (bail hearing or an arraignment) after an arrest. Judges normally adhere to established flat rates to match the arrest charge. However, judges can alter these standard bail rates, not offer the option of bond, or waive bond altogether by releasing […]
What is Implied Consent?
Under “implied consent” laws in all states, when you apply for a driver’s license, you agree to submit to a chemical (breath, blood, or urine) test if you are arrested for DUI in exchange for your driving privileges.
Notification and Testing by Arresting Officer
When you are arrested for DUI, an officer must […]
In Georgia a driver will be arrested for a driving under the influence (DUI) if their blood alcohol content (BAC) is .08% or greater. Acceptable BAC levels decrease for drivers of commercial vehicles (.04%) and drivers under 21 years of age (.02%). You can also receive a DUI for driving under the influence of marijuana, […]
After an arrest, you will be taken to jail and booked into the system. A fixed bail amount may then be given (set according to a “bail schedule”) and you can be released from custody prior to your appearance in court. If a bond is not set you will have to wait for a bail […]
The holiday season is upon us once again and the only thing that looms larger than all the holiday and New Year’s parties you’re sure to be invited to is the amount of Georgia law enforcement out on the street looking for drunk drivers. Whether you’re gathering for fun times with family, friends, or coworkers, […]