Wednesday, May 25, 2016

Help! I just got arrested! What's going to happen?



You will be taken to the jail and processed, which means that you will be fingerprinted.  The jail will search to see if you have any warrants outstanding.  If there are no other warrants, typically there will be a set bond for your release.  You can either pay the bond amount or seek a bail bond company, who charges a fee to provide a bond for your release.  For example, if there is a $3,000.00 bond, you can either pay the $3,000.00 to get out or obtain a bail bond company, who will typically charge a 10 percent fee, in this case $300.00, to front the bond.

After you get out on bond, at some point there will be an arraignment, which is your opportunity to plead guilty or not guilty.  Often for misdemeanor crimes there will be an opportunity to speak with the prosecuting attorney about a plea opportunity.  Be careful if you do not have an attorney because the prosecutor can obtain information from you which could be against your interest.  If you take a plea, then you will typically meet with the probation department to discuss the requirements of probation.  After your probation has ended you will have served your sentence.

If you do not take a plea, then you have the right to trial by judge or jury.  The State has the requirement of proving your guilt.  You do not have to testify, and have the right to question the State's evidence.  If convicted, the judge will sentence you based on the type of crime you committed.

In Georgia relatively few criminal cases are ever tried.  If you lose at trial most judges will provide severe penalties that are far in excess of what was offered in a plea deal.   If the State's case is weak, they will simply offer a plea for a lesser offense or provide very light terms.  Often an innocent person will plead to a crime they did not commit because they fear they may be convicted and face the draconian terms provided by a Judge.  This is called an "Alford plea", where you take the punishment but do not admit your guilt.

At all points in this process it is important to retain an attorney.   The public defender's office does a good job with limited resources, but a private attorney has more time to review the State's evidence and present mitigating evidence.   A local attorney will have a good working knowledge of the typical sentences for your jurisdiction and when the State is over charging.  You may need to provide mitigating evidence to seek a lesser sentence, for example, that you are suffering from drug addiction and are seeking help.  If you are working with a family to support the prosecutor may be less likely to seek jail time.  Your attorney may seek a "blind plea", where the client is guilty but the prosecutor's plea offer is too high.  Please remember that it costs the State money to incarcerate people, so it is in everyone's best interests to find alternative sentences.

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com  Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.



Tuesday, February 23, 2016

Temporary Restraining Order-Family Violence Protective Order


The Georgia legislature has passed a series of laws to assist battered women and men to remove themselves from a cycle of violence.   In practice, however, often these remedies can be used, or misused, to obtain a "leg up" in a divorce or custody case.  Often small misunderstandings and arguments are escalated into "family violence" without either party understanding the significant effects of these legal procedures. 

What can I get in a Family Violence Order?  Georgia law allows the Court, WITHOUT THE INITIAL INPUT OF THE OTHER PARTY, the following relief:

(1) Direct the respondent to refrain from such acts;
(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;
(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child or children;
(4) Award temporary custody of minor children and establish temporary visitation rights;
(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order the respondent to refrain from harassing or interfering with the victim;
(10) Award costs and attorney's fees to either party; and
(11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

How long does this order last?  Under Georgia law for one (1) year, however, upon motion the Court can extend the order PERMANENTLY.    

What is family violence?   Georgia law defines it as :
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

Who is family?  "past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household"

Does this go on my record?  If a restraining order is granted, this order is recorded with a registry available to law enforcement.

If you are subject to family violence, including symbolic acts such as breaking personal property or harassment, you need to protect yourself and your children from these acts from escalating.  After an initial ex-parte order, the Court will set up a hearing where the other party can defend themselves.  BOTH SIDES OF A FAMILY VIOLENCE PROCEEDING SHOULD BE REPRESENTED BY COUNSEL.

Too often a minor incident between a boyfriend and girlfriend will result is a family violence proceeding.   The judge will often ask, do mind staying away from her?   Of course not, that's why we broke up!!!  Don't make this mistake, as your record will permanently show that you are an abuser.  If you are being abused, don't go it alone.   An attorney can address financial and custody issues which often are the root core of the abusive relationship.  If either side appears before the Court without an attorney they are risking their financial and custody rights.

Here are some forms:  Family Violence Forms


Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com  Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.