Inside the Fight for Justice in Atlanta’s DUI Case

Inside the Fight for Justice in Atlanta’s DUI Case

Under certain circumstances, Atlanta DUI cases may involve both criminal and civil proceedings. Most criminal proceedings begin at the City of Atlanta Municipal Court.

Police will ask you to submit to standard field sobriety tests and breath and blood alcohol tests, in addition to having their Miranda rights explained, including your right to remain silent and retain an attorney.

What You Need to Know About the Legal Process

Arrest for DUI can be one of the most disconcerting experiences you face, yet understanding its legal process may seem even more intimidating. Therefore, it is vital that you understand what lies ahead so your Atlanta DUI attorney will be able to successfully fight for you.

As soon as your charges have been read and presented to a judge, an arraignment hearing will take place. At this hearing, they will read off your charges and request that you enter either a plea of guilty or not guilty. It is highly advised that your attorney attend this hearing in order to represent you at no violation to bond or bail restrictions.

After your arraignment, if you do not accept a plea offer then your case will proceed to trial in Fulton County State Court. At trial, your defense attorney will make every possible argument that will demonstrate there is reasonable doubt as to your involvement with this offense; if successful then your DUI charge will be dropped and case closed.

If found guilty, your case will proceed to sentencing where a judge or jury will decide upon what penalties will apply based on its circumstances. Depending on these, this could include jail time, fines or license suspension.

How We Can Help You

An Atlanta and Georgia DUI conviction can bring devastating repercussions, including fines and fees as well as license suspension and alcohol education programs. A conviction could even land you jail time or other restrictions to your freedom – yet you have every right to fight the charges brought against you – hiring an experienced Atlanta DUI attorney will help achieve the best possible result in your case.

Atlanta DUI Attorney Top Six lawyers will examine all evidence in your case, such as police reports, dash cam video tapes/body cam video tapes/911 dispatch tapes; reviewing google Maps to understand where the incident took place; making discovery or open records act requests to obtain copies of all documentation that may assist your defense; as well as being trained in field sobriety testing to identify issues with their administration and chemical testing that could help dismiss or reduce charges against you.

Assist you in scheduling and attending your Administrative Driver’s License Suspension Hearing (ALS). For instance, within 30 days after being arrested it must be requested, and provide representation at any criminal court hearings should prosecutors offer you plea deals. It is crucial that you retain an experienced DUI attorney familiar with Atlanta Municipal Court, Fulton or DeKalb County State and Superior courts so as to maximize the chance of achieving a positive resolution to your case.

What to Expect at Your Arraignment

After being arrested for DUI charges, your first appearance in court will be at an arraignment hearing. Here, the judge will read out formal charges against you and determine if you need a lawyer appointed for you or have one appointed already. In addition, they will advise of your rights including having access to legal representation; having fair trial rights; and the protection from self-incrimination.

At your arraignment, you will be asked to enter your plea. There are three choices for entering this plea – guilty, not guilty or no contest. A not guilty plea implies you deny the charge and plan on challenging it at trial, while entering a guilty plea means accepting its consequences such as jail time, fines, license suspension, probation supervision programs and community service among others.

Once this step has been taken, the court will set your next court date and it is imperative that you hire an Atlanta DUI attorney who can prepare your case and protect your rights throughout. An effective DUI lawyer could even help to have charges dismissed or reduced altogether through various defense strategies; such as violation of constitutional rights or errors during police procedure/investigation as well as new laws coming into force since your arrest which might help strengthen your position.

What to Do After Your Arrest

As soon as an officer arrests you for DUI, they’ll bring you to jail or police station for “booking,” a procedure designed to officially document your arrest and establish your place within the legal system. It’s crucial that you understand this step so you can protect your rights and prepare for legal proceedings ahead.

Exercise your right to remain silent when being interrogated by law enforcement, even seemingly harmless statements could later be used against you in court. When asked by officers to provide statements or answer questions, politely inform them that you wish to exercise your right to remain silent and would prefer speaking with Atlanta DUI lawyer James Yeargan first – this way he can protect you from making statements that could negatively impact your case.

Once arrested, you will likely be held in a holding cell until bail can be posted or your first court appearance date arrives. A knowledgeable attorney can assist with navigating the bail process to expedite release as quickly as possible.

Georgia Driver Services will automatically suspend your license for one year (or longer if multiple DUI convictions occur), within 30 days from the date of arrest. Your Atlanta DUI lawyer can file this request and represent you during an Administrative License Suspension hearing so that you may keep driving safely.