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What Is An Arraignment?

Sam on October 8, 2020

An arraignment is one of the first steps of the criminal process in Georgia. Here’s what you should know about arraignments and when to get legal help from a criminal attorney near you that you can trust.

Arraignments Defined

An arraignment is a criminal hearing that takes place soon after you are arrested. At the hearing, you’ll be informed of the charges against you (which may be more than what you were told when you were initially taken into police custody) and asked basic questions about your identity and employment.

SHOULD YOU HAVE A LAWYER AT YOUR ARRAIGNMENT?

As soon as you are detained by law enforcement you should be getting in contact with an experienced criminal defense attorney and not answering any questions without that attorney present. At the time of your arraignment, you can have legal representation. If you haven’t yet contacted your own attorney or do not have an attorney retained, legal aid will be assigned to you. In most cases, you don’t have to tell anyone whether or not you need to be provided with an attorney; one is typically present at the arraignment already.

However, you may not necessarily benefit from having a court-appointed lawyer. Public attorneys tend to be less experienced and may not have even held a position at a firm yet, which could lead to a less effective defense and mean harsher penalties.

RELEASE VS. BAIL

The second purpose of your arraignment, after informing you of the charges you face and obtaining your information, is to determine whether or not to release you from police custody or set a bail amount. This decision is made based on a variety of factors, including but not limited to:

The crimes you are accused of and their severity
Your criminal history, if any.
Your flight risk

If you are deemed a flight risk or committed a serious crime, you are less likely to be released on your own recognizance and the amount of bail set may be quite high. In that case, your attorney may be able to argue for a lower bail amount. Either way, you want to ensure that you have the best criminal defense attorneys by your side to fight for your rights.

After Your Arraignment

At the end of your arraignment hearing, you will be given a document that lists your next court hearing. You are required to attend this hearing and if you don’t, you could face even stiffer legal penalties.

Charged With a Crime? You Need a Defense Lawyer Today!

If you were charged with a crime of any kind in Marietta, GA, regardless of its seriousness, your future, record, and reputation are on the line. You need swift and zealous legal representation. For the best criminal defense in Cobb County, contact Cobb Criminal Defense for a consultation today at 770.627.3221.

Why Should You Work With a Personal Injury Lawyer?

Sam on September 22, 2020

Often, accident victims wonder if hiring a lawyer is the right move after being injured. Here are some reasons people hire personal injury attorneys and how you can get quality legal support after being injured.

To Better Understand Your Rights After an Injury

First, it’s important that you have at least basic knowledge of what your legal rights are after being hurt in an accident someone else caused. Contacting a lawyer, even just to ask a few questions, can help you understand how to pursue compensation and how you can protect your rights when working with insurance companies or litigating.

TO GET HELP PUTTING EVIDENCE TOGETHER

Next, it’s important to find out what evidence exists in your case and how it may be able to be used to strengthen your argument. For example, you’ll need to obtain medical records that document your injury and any police reports that exist from the scene of the accident. If witness statements or video footage of the accident is available, it may also be used.

TO WORK WITH INSURANCE ADJUSTERS FOR YOU

Working with your insurance company after an accident can be nerve-wracking and exhausting. When an accident attorney is on your case, they take over dealing with insurance adjusters instead of you, so the insurance company has to contact them directly to discuss your case. This lets you focus on healing.

TO HELP YOU GET QUALITY MEDICAL CARE

Accident attorneys typically have connections to good hospitals and doctors that know how important it is to adequately document an accident victim’s injuries in a way that can be used to pursue compensation. Your lawyer can help you with obtaining necessary medical assistance from trustworthy providers.

TO HELP YOU PURSUE A LAWSUIT

If you can’t get the insurance company to agree to issue you a fair settlement, litigation may be the next best step to get the compensation you deserve. An experienced injury lawyer can help advocate for you to obtain the maximum available settlement.

Call Experienced Marietta Injury Attorney Gregory Chancy Now

Were you or someone you love injured in an accident caused by someone else’s carelessness or negligence? You may be able to seek financial restitution to cover the damages you’ve incurred, such as hospital bills, lost wages, and pain and suffering. Don’t wait to get legal help after an accident that has left you or a loved one hurt. Contact us now!

Arrested For Computer Sex Crimes?

Sam on August 28, 2020

Georgia Computer Sex Crimes

COBB COUNTY SEX CRIMES DEFENSE ATTORNEY

Are you facing sex charges in Georgia? Thanks to modern technology, social media and countless online forums, it has become easier to get enveloped in online activities of all sorts. It has also become easier to become the target of online sexual criminal accusations.

Whether you are browsing the internet for personal use and like to look at lingerie images or swimsuit models, it is vital to be vigilant with knowing the links that you click while surfing the web. The chances that you could land on some type of click funnel that drags your browser into a situation that involves illegal pornography, like child porn, or underage teens is very high. Law enforcement in the state of Georgia as well as nationwide conduct a variety of operations online and their net is liable to catch you in it.

ILLEGAL COMPUTER SEXUAL ACTIVITY ONLINE

There are any number of online undercover law enforcement agencies circulating the internet at any given moment in order to catch predators. Their goal is to facilitate arrests of those conducting illegal activities involving the exploitation of underage teenagers and children. At any moment, your click on any unknown link can lead you down a rabbit hole that can change you life forever.

If you are facing charges in the state of Georgia for an internet sex crime, your very future is on the line. Without immediate and aggressive representation, you could be facing decades in prison, fines, the loss of your family, friends, employment and quality of life. Aside from the latter, your alleged actions will directly impact all of your loved ones as well as anyone associated with you. An internet sex crime charge can end with your name on a national lifetime sex offender registry and with requirements to make local notifications and be listed in local registries such as the sex offender registry, Marietta, GA. Local listings are designed to provide awareness and increase safety for citizens and their families but if falsely convicted they can destroy the lives of those put on them.

Get Immediate Criminal Defense Help In Cobb County

Before you give up and lose hope, before you go ahead and resolve that your life is over, contact experienced Sex Crimes defense attorney Gregory Chancy. He has served the Cobb County community and the surrounding area with superior criminal defense and will fight to clear your name, attain a dismissal, acquittal or reduced penalties depending on the circumstances surrounding your case. There is always hope with an aggressive attorney and intelligent strategies to fight for your freedom.

Computer Sex Crimes in Georgia

You can fall prey to and land in hot water as a result a number of online activities, especially those related to minors such as:

Online solicitation of sex with a minor
Possession of any child pornography
Lewd Conduct related to a Minor
Distribution of Child Pornography
Making arrangements to meet a Minor
Salacious material or sexual material sent to or shared with a minor
Exploitation of Children
Molestation of a Child
Solicitation of a sex worker/prostitute

Defenses Against Georgia Computer Sex Crimes

While you are innocent until proven guilty, the fact is, cases involving sex with and sexual content of minors are treated quite differently within law enforcement and in the public domain. For these reasons, you need to speak with a local criminal defense attorney immediately. Your conviction requires that the prosecution prove that a law was intentionally broken. Did you know that clicking on a link would take you to child porn? Were you aware that the person you were set to meet was underage?

Unfortunately for you, it is much easier to prove that you are guilty and therefore, you should never speak to any law enforcement without an attorney present. Your words and actions can and will be used against you. In a large number of cases, the person charged is not even the owner of the computer or wasn’t even aware that such information or content was downloaded onto their computer or exists in the browser history. In addition, a mistaken link click that downloads malware containing such content could easily be loaded onto you computer without your knowledge. Get ahead of your defense by speaking to a Cobb County Criminal Defense Attorney today and get the help and support that you and your family will need during this difficult time.

Should You Accept A Settlement For Your Personal Injury?

Sam on July 16, 2020

Were you injured in an accident?

You may have been contacted by the responsible parties insurance company. If you haven’t, it may only be a matter of time. Insurance carriers are popular for making low-ball settlements early on in the process in order to avoid larger payouts.

OFFERING YOU FAIR MONEY

Despite what the title above says, that is almost nothing fair about fair money. When an insurance company puts an offer on the table that they qualify as “fair money” it is legal for you to accept such an offer, however, in many cases, injury victims do not understand what is fair in their case.

COMPENSATION OFFERED

Fair money is a sum of compensation that is offered as a result of damages that you incurred as a result of your accident injuries. This can encompass a variety of “damages” such as; property damages, lost wages, medical bills, other economic loss as well as pain and suffering.

When an insurance company offers you any form of financial payment, it is not likely that you will be able to calculate both short and long terms financial needs, more will you be able to understand the overall economic impact on all facets of your life. An experienced personal injury attorney can give you a better understanding of what should be covered and how best to help you get the resolution that you deserve under New York law.

Do Not Accept a Settlement Without A Personal Injury Lawyer

While you can be an educated accountant or financial planner, understanding what fair money is in your own particular case can be complex. You may attempt to calculate all of your bills, loss of income, and property damage but there are areas where only an experienced personal injury attorney can assist you with estimating what is actually fair. This can be a complicated process that should not be rushed through as once you accept any funds, you will not be able to come back later and tell a judge that you did not know any better. You do not and will not know the extent of your injuries early on in your case, some related injuries or the extent of the damage will not surface until much later. In effect, you do not know what income loss can lead to the loss of future opportunities that may be missed for unexpected surgeries or other unforeseen implications resulting from your accident injury.

Get Qualified Personal Injury Help, Call Scott Cerbin Today.

Protesting In Georgia

Sam on June 9, 2020

Am I Allowed To Protest In Georgia?

The First Amendment allows you to have the right to free speech as well as to protest peacefully (peaceful assembly) and while this is your right; it is important that you understand that the same amendment that allows you the freedom of speech, peacefully protest and address the government with your concerns, also allows law enforcement to maintain reasonable regulations during times of protest.

WHAT IS CONSIDERED A “PEACEFUL ASSEMBLY”?

Under the law, peaceful assembly covers a variety of activities. So what actions does it cover?

Giving and Making Speeches
Holding peaceful rallies
The ability to picket
Passing out flyers
Collect signatures for your cause

The activities that are allowed under the First Amendment exempt any language the incites violence, intents to cause harm, or violate any laws. Provocative speech or text that instigates violence or harm is illegal.

WHERE CAN I PEACEFULLY ASSEMBLE?

Peaceful assembly locations depend on the state and are generally regulated through different local government agencies on the local level. In the state of Georgia, you can generally exercise your right to peacefully assemble on sidewalks, in public parks, and other public locations. In some cases, you may be required to obtain a permit, and not doing so would be illegal.

What You Are Not Allowed To Do

The First Amendment does not protect you if your speech incites, instigates or intends threats of violence, violation of laws, harm and injury to others, and physical violence on persons or property.

Crossing The Threshold Into Illegal Activity

While protesting is allowed and you may follow all of the legal guidelines, there may be specific locality guidelines with respect to hours and locations– and even in the most peaceful of protests, if you violate those local ordinances like permits and curfews or a dispersal order, all of which can cross the threshold into illegal activity, that unlawful activity can lead to your arrest.

Have You Or A Loved One Been Charged With A Crime?

Contact our office today to learn how we may be able to help you.

The post Protesting In Georgia appeared first on Cobb Criminal Defense.

DUI During Upcoming Father’s Day Holiday

Sam on June 8, 2020

DUI Defense Attorney

Preparing For The Upcoming Fathers Day Celebration

Despite facing a Covid-19 Pandemic, many of us will undoubtedly be on the road for Father’s Day. Restrictions are being lifted in many areas and many of us feel safe enough to interact with the family. It may be the first time that some of us are out with family and it’s easy to get carried away. Keep in mind that law enforcement will be out in full force. Police may be out on the roads more visibly due to the recent activity and events in many major cities where protestors are exercising their right to protest, in that same fashion that they are out on full patrols, you may also expect some sobriety points in and around town while traveling.

FACING A DUI

While no one actually sets out with the expectation of getting a DUI, life happens and mistakes happen and therefore, it is best to be prepared. If you end up imbibing a bit too much while out celebrating fathers day and the little bit of freedom afforded to you to take a break away from quarantining in the home, that is understandable, however, you may end up facing DUI charges if you are pulled over under the suspicion of driving under the influence. Because of changes in bond guidelines, expect wait times when attempting to bond out as you will now have to appear before a judge before you have the ability to get released from jail. This means that Father’s Day lands on a Sunday and you may not be able to get out of jail until the weekday. Also, keep in mind that there may be limited staff due to the Covid-19 pandemic, and the wait time maybe even longer.

Get Ahead Of Your Defense

It is vital that you get started on your defense as soon as possible. An experienced criminal defense lawyer will be able to investigate the evidence against you as well as details and circumstances surrounding your arrest. Every element involved in your case will be reviewed with a fine-tooth comb in or to be able to strategize with you for the best possible outcome. Contact me today for immediate assistance.

Facing Drug Charges In Cobb County, GA?

Sam on April 11, 2020

Drug Charges In Cobb County

There is a punishment range for any drug crimes are determined by the type of controlled substance (the penalty group) involved and the amount involved. There are various classifications and penalties that can range from a misdemeanor to felonies.

PROOF OF POSSESSION FOR DRUG CHARGES IN GEORGIA

To prove the offense of possession of a controlled substance with the intent to deliver, the State must prove, in addition to possession, that the accused intended “to transfer, actually or constructively, to another a controlled substance.” Intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused’s possession of the contraband.

DEFENSE STRATEGIES FOR DRUG CHARGES & DRUG CRIMES

Although every case is different, your defense strategy for challenging your drug crime charges will depend on:

Investigations surrounding the circumstances of your drug charges and arrest. Did the police have reasonable suspicion to pull you over or search your house? An argument for unlawful search and seizure can be made in many cases. If a judge finds that the police seized evidence in violation of your constitutional rights, the evidence will be suppressed and your case will be dismissed.

Evaluating The Charges

Evaluating the nature of the drug charges. Whether or not you were actually in possession of illegal drugs turns on whether you exercised care, custody, or control over them. In many cases, the police cannot establish affirmative links between the seized controlled substance and the person accused of possessing them.

Why Do You Need a Defense Lawyer For Drug Charges?

If you are in Cobb County or surrounding counties and have been charged with possession of a controlled substance, or possession of a controlled substance with intent to deliver, you will need an experienced Drug Charges Defense Attorney.

Get Help With Your Cobb Drug Charges Today

Contact an experienced drug defense lawyer to provide you with legal advice and representation in a Georgia court of law. We have handled drug cases like yours and will be able to create a strategic drug charge defense for your case. Contact our office today for assistance.

Were You Charged With Reckless Driving?

Sam on March 11, 2020

Are There Defenses To Reckless Driving?

Did you receive reckless driving charge in Georgia? Not only could you be facing charges, but you may also have to deal with the expansive cost of added penalties. So what defenses might your criminal defense attorney use to defend you?

You Were Not Driving The Car

First things first, in order to be convicted of reckless driving, Cobb County law enforcement must actually prove that you were the driver of the vehicle. In common practice, law enforcement would testify that when they approached the vehicle, you were the individual sitting on the driver’s side of the car.

This may seem cut and dry, however, in the event of a motor vehicle accident, lines get blurred and it is entirely possible that the officer was mistaken as the vehicle may have been vacated prior to the officer’s arrival. In this case, it is possible that law enforcement did not witness the actual accident.

If you and your passenger were taken from the scene for medical care, no one would have been in the driver seat at the time of the officer’s observations of the accident scene. Any information received may have come from a witness and that can be challenged.

Improper Calibration Of Radar Equipment

Law enforcement must attest to the fact that their equipment has been properly cared for, maintained, and correctly calibrated and working at the time it was used and resulted in a stop. Your attorney will be able to question law enforcement about how accurate their equipment is and it is possible that the result of that radar scan may not go on the record. Law enforcement does a great job of enforcing the law however, they may not have a technical team supporting preventative maintenance and repairs on their equipment, therefore, it is not likely that they can answer your attorney’s questions in a manner that would harm you, in other words, the radar can be challenged in court and may be successful.

Urgent Family Matter

Every family will face an emergency and in those times of need, one may operate a vehicle with an urgency that is liable to result in a reckless driving charge. If you were on your way to a medical facility or another emergency, you may be able to find some legal reprieve as it provides a reasonable explanation for the urgency of your speed and the reckless driving.

Contact an Attorney

Reckless driving is not a simple speeding ticket, it is far more serious and can be accompanied by added fines and penalties. It is important to understand how to defend yourself and protect your future. Get compassionate and experienced legal guidance from Cobb County Criminal Defense Attorneys who care. Call our office today for a free consultation.

What Happens If You’re Pulled Over By Law Enforcement?

Sam on February 16, 2020

A law enforcement officer pulling you over is a jarring experience to say the least. Regardless of how old you are or how long you have been driving, the physical act of being pulled over by a police siren and flashing lights is nothing to look forward to. Here’s what you need to know about what you can and cannot do during a traffic stop.

Do Not Dispose Of Anything By Tossing It Out Of The Car Door Or Window

First, it should go without saying; when you have been pulled over and have reached the stop point, do not open your car door. The latter is for your own safety. You may feel the need to open the car door and step out to speed the process up, or simply attempt to do it out of habit. Refrain from opening the car door, the same goes for opening the car door to toss a wrapper or the like, it can wait.

Likewise, there is no need to pull down your window to throw anything away, be it a gum wrapper or a toothpick. Any sudden movement on your behalf and you will draw unnecessary suspicion to yourself regardless of whether it is warranted or not. Once you have pulled into the shoulder or a safe space, the only thing you need to be doing is waiting patiently for the officer to initiate communication.

Stay Calm And Leave Your Hands On The Wheel

Law enforcement will approach your vehicle at their leisure, those few seconds or even minutes may seem like a lifetime. However long the officer takes to get to your vehicle, you need to have your hands visibly on the wheel so as to show cooperation as well as for your own safety. Once the officer instructs you to roll your window down (if you have not already done so) he or she will provide further instructions. License and Registration will likely be requested, at that point you can as to retrieve your documents. It is important to let the officer know that you are reaching in your back pocket, purse, glove compartment, etc. The officer needs to feel safe as you move within your vehicle.

Less Is More

Law enforcement may try to fish information out of you. It is not your job to prove to the officer that whatever his or her suspicion is of you is correct. Whether he or she suspects that you are driving under the influence or are impaired in anyway, that is the officer’s job to prove. They may ask you various questions in order that you may disclose something that can later be used against you. You can tell the officer that you do not wish to comment and this answer of course is to be utilized with common sense. You do need to be cordial and cooperative but not to your own detriment.

Do Not Resist

You will often have heard or seen a movie where the person that is pulled over tells the officer that they do not wish to have their vehicle searched. In some respects, this is true, you can decline a vehicle search but law enforcement may claim to have probable cause. In this case, an officer may actually go ahead and search your vehicle. Make sure that you let the officer know that you do not consent to the search but do not resist the search. The same is true if law enforcement decides to arrest you. You must remain calm and cordial and not resist for your own safety and for the future of your criminal case as well.

Cobb Criminal Defense has experience handling traffic related offenses including, DWI, DUI and the like. Should you be facing criminal charges, it’s important to speak to a qualified criminal defense attorney as soon as possible. For immediate assistance, contact our office today.