175 Langley Drive, Suite A1
Lawrenceville, GA 30046
CRIMINAL DEFENSE FAQS
Do I need a lawyer?
If you have been charged with a crime, If you are being questioned by the police, or If you are under criminal investigation…you need a lawyer.
Does it matter what lawyer I hire?
Yes. Not all lawyers practice criminal law. You will need a lawyer who has the expertise in defending persons charged with the type of crimes alleged against you. Criminal law is an ever changing law with new court rulings and statutes affecting the rights of citizens.
If I did not do anything wrong, do I need to worry?
Yes, you do need to worry. Being innocent is not a legal defense, it is a conclusion. Innocent people are arrested, convicted and incarcerated everyday in the state of Georgia.
Our legal system is far from perfect. Persons who are innocent are sometimes convicted.
Can you guarantee a result?
No. If a lawyer tells you otherwise ask them to put it in writing. If they will not put it in writing, then they have lied to you.
You need an attorney who will be straight and up front with you, one that will provide you with the bad news up front as well as provide the good news. Remember the lawyer you hire works for you.
What will a lawyer do for me?
Most lawyers will work hard for their client. However, hard work may not be enough. You will need a lawyer with the experience to know where to spend resources and time. You need a lawyer who will stay focused and on track to achieve positive results.
Can I represent myself?
You do have a Constitutional Right to represent yourself. However, going up against an opposing parties attorney who has had many years experience, the average citizen such as yourself will not be able to represent themselves in a criminal case and achieve a positive outcome.
DUI DEFENSE FAQS
How can a lawyer help me, if I failed a breath test or blood test?
If you took a test and failed, a skilled DUI defense lawyer can still work to defend your rights.
What if I refuse a breath or blood test?
Refusing a breath test or blood test will result in the automatic suspension of your driver’s license, regardless of whether you were actually under the influence or had a blood alcohol level of .08% or higher.
What is the 10 day rule?
In Georgia, after a person has been arrested for DUI (driving under the influence) he/she has only 10 days to schedule an ALS (administrative license suspicion) hearing with the Department of Drivers’ Services, regarding the suspension of his/her driver’s license. The failure to schedule this hearing within 10 days will result in the automatic suspension of his/her driver’s license, on the 31st day after the date of arrest. This suspension will occur regardless of whether the driver is actually convicted of DUI or not.
Do I need an attorney at the administrative license suspicion hearing?
While having a defense attorney present at your ALS hearing is not mandatory, it is definitely beneficial. Your driving privileges are important,
Can I get a restricted license after a DUI conviction?
In some cases, you can apply for and obtain a restricted driver’s license after a DUI conviction. This license will allow you to drive to and from work and school and to perform essential household duties.
What are some of the types of penalties I might face for a DUI conviction?
Jail time, fines, court fees, driver’s license suspension, DUI Alcohol or Drug Use Risk Reduction Program, probation and more.
DIVORCE / CUSTODY FAQS
Do I need an attorney?
The simple answer is yes, you could file for divorce on your own and others have done it. However, there are also those who thought about it but did not try to file on their own. One of the main documents that is attached to a Complaint for Divorce is what is known as the Settlement Agreement. The Settlement Agreement is the guiding document as to who gets what and who pays for what. The Settlement Agreement is a legal document that parties can use if things do not go according to plan. The court and its staff are not allowed to give any legal advice, so if you create this document without an attorney’s legal knowledge, you could be writing something into it that may not be enforceable or that could cause problems later in life.
What is an uncontested divorce?
An uncontested divorce is where both the husband and wife pretty much know how they want to divide all of their assets and their debts. This is also the least costly form of divorce.
How do I obtain an agreement?
The best way to approach this is for both parties to sit down and determine what property they have and how they want to divide that property. It could be as simple as listing the property on a sheet of paper with two columns, one side stating what one party wants and the other what the other party wants. Then, if there are some disagreements on what each party wants, a discussion will be required to make some decisions. Once it has been determined who gets what, the information may be used for a draft agreement.
What happens after we reach an agreement?
Once all of the issues between the two parties have been resolved, a draft agreement is written with copies provided to both parties for final review and corrections. Once both spouses are satisfied with the language of the agreement, the party initiating the divorce will file a complaint in the Superior Court along with the settlement agreement. Then it is simply a process of waiting 31 days and appearing at a final hearing.
What issues should we consider?
The general issues that both parties should address are those concerning any property owned by the parties, be it real or personal. You will need to decide who will take possession of which property and under what terms. Also, if there are children involved, you will have to decide who has legal custody, who has physical custody, and any requirements regarding financial support for the children.
How is child support calculated
Child support in Georgia is determined on a percentage basis by the number of children involved in the case and the amount of income earned by the paying spouse. The support amount is calculated as a percentage of the paying spouse’s gross income. Here is a listing of the guidelines and the representative percentages:
1 child – 17 percent to 23 percent of gross income
2 children – 23 percent to 28 percent of gross income
3 children – 25 percent to 32 percent of gross income
4 children – 29 percent to 35 percent gross income
5 or more children – 31 percent to 37 percent gross income
What is physical custody?
Physical custody is where the children will spend the majority of their time. The parent who has physical custody will have control over the routine daily care, custody, and activities of the children.
What is legal custody?
Legal custody provides the right of the parent to determine how the child or children will be reared. For example, a legal custodial parent will determine where the children will go to school, where the children will go to church, and where and with whom the children will receive their health care.
How are retirement funds divided?
The division of retirement funds will depend on when the retirement funds were acquired and who acquired the funds. If, for example, the parties have individual accounts, they can decide to divide them equally, or they can simply keep what they have and not divide the accounts.
How long will the divorce take?
When the Settlement Agreement has been reached and the parties are ready to file the case in court, it will take approximately 30 to 40 days to secure a Final Judgment and Decree.