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What happens when you’re on probation?

When a defendant receives probation in Georgia, it is allowing them to satisfy their jail sentence without being in custody, aka, incarcerated. A judge will determine the terms of your probation, but the conditions will typically include one, a mixture of, or all the following:  

• Do not violate any laws.
• Avoid alcoholic intoxication and narcotic habits as well as other non-prescription drugs.
• Avoid disreputable persons or places.
• Report to the probation officer as directed.
• Allow probation officers home or job visits. 
• Maintain suitable employment.
• Advise court if you move or leave the city, county, state, or country.

Other conditions that can be required for probation are: 

• Attend alcohol/drug awareness courses.
• Attend and complete defensive driving school.
• Attend a MADD, (Mothers Against Drunk Driving), Victim Impact Panel.
• Submit to substance abuse evaluation, aka blood, hair, or other samples, and follow any recommended treatment.
• Undergo evaluation for anger management, deviant behavior, sexual deviancy and/or counseling for other special needs. 
• Pay all fines and/or any restitution as directed by the courts or probation officer.
• Perform required community service hours.
• Pay monthly probation fees.
• Do not consume or use any alcohol or drugs without a prescription.
• Submit to random alcohol and drug tests at your expense as directed by the judge or probation officer.

If a defendant misses any or all the restrictions imposed upon them by the judge or probation officer, it is considered a probation violation, bail may or may not be offered by the judge. 

What is a probation violation?

Probation is preferable to doing time behind bars, and there is some flexibility that incarceration doesn’t have. The requirements and rules are spelled out at sentencing and again with the first parole officer meeting. 

The probation order of requirements is those we listed above with the offender’s conduct being the key factor to obeying those requirements. When the common terms and conditions are avoided, disobeyed, or missed, it is a probation violation. Bail may or may not be allowed by the judge based on the original crime and if a crime was committed as part of the violation. 

Is probation violation a new charge?

Yes, it is a separate charge and there may be a probation violation bail issued by the judge, or they may determine the defendant should not be released before their original hearing.

What happens if you violate probation?

An arrest warrant is issued by the presiding judge. You will be placed in jail to await your hearing for probation violation and the original probation may be revoked. If the probation is revoked, you’ll be returned to jail to await trial for your original offense. 

Any success in getting a probation violation bail is slim, but an experienced criminal defense attorney will know how to get a bond for the violation of probation and can present your case in court. 

A “technical probation violation” is more likely to be granted another bail release. A “violation of probation based on a new arrest” however indicates you were committing another crime and chances of getting released on new probation aren’t likely.

Does a probation violation go on your record?

In most cases, yes. With the assistance, guidance, and knowledge of an experienced criminal defense attorney, they can petition the court to have it removed or the records sealed.  This is typical for a first time offender, but a repeat offender, the petition will likely be rejected. 

Can you get a lawyer for a probation violation?

Absolutely – it is recommended that if you don’t have a criminal defense attorney already, and you have committed a probation violation, bail can be posted by the attorney or a bail bond agent. It is always recommended anytime criminal charges are involved, to hire an attorney for representation. 

Can you be bailed out of jail for a probation violation?

It will depend on the cause of the probation violation; bail may not be granted by the judge. A technical violation will have a good chance of getting bailed out again. However, you will still have two trials to attend, one for the original crime and the second for the probation violation. 

Getting a Lawyer for Disorderly Conduct Charges

When a person is arrested and needs disorderly conduct bail, they may question, “Should I get a lawyer for disorderly conduct?” And the answer is yes. Having legal representation is always recommended in a criminal defense situation. 

In the State of Georgia, disorderly conduct definition is broadly defined, as are many other crimes. In Georgia, the law defines disorderly conduct as a tumultuous or violent act committed towards another person(s), causing them to fear the person exhibiting disorderly conduct. This can include any obscene language being used in the presence of a child 14 years old or younger, or any language that could incite violence.

This makes a wrongful conviction a strong possibility, which supports the fact that having legal protection and representation is a must. With a criminal defense lawyer on your side, the disorderly conduct bail set by the judge could be negotiated down, requiring a lower amount of disorderly conduct bail.

What kind of crime is disorderly conduct?

The purpose of disorderly conduct laws is to protect the general public, not for the local or state to collect disorderly conduct bail monies. Disorderly conduct and disturbing the peace are both considered to be acts that can cause or create alarm or anger in other persons. An arrest requiring disorderly conduct bail may include any behaviors that can lead to potential illegal acts being conducted.

The following are examples of commonly disorderly conduct charges:

• Abusive and/or obscene language
• Excessive loud noises in public places
• Physical attack on person or persons
• Traffic obstruction

How bad is a disorderly conduct charge?

A disorderly conduct arrest is often considered to be a catchall arrest that law enforcement uses when they are being confronted by a person(s) they feel is a threat to the general public. Many that have been arrested and had to pay disorderly conduct bail believe this charge is used to “teach a lesson” or be made an example to others. Many defense lawyers claim that law enforcement uses it when they are irritated, and this is an arrest grounds that shouldn’t exist. 

In Georgia, a disorderly conduct charge is classified as a misdemeanor offense. A judge sentence of 1 year maximum jail time with a $1,000 fine. This is at the judge’s discretion. They may also choose to sentence a defendant to probation instead of time behind bars along with the fine and community service. In some cases, depending on the surrounding situation of the arrest, they may order the defendant to attend an alcohol awareness class. This all takes place after the judge has set a bond and the defendant is still required to post a disorderly conduct bail to be released originally. 

Is disorderly conduct considered a violent crime?

Disorderly conduct is classified as a misdemeanor or an infraction of the law. However, law enforcement officers will utilize this law to maintain a peaceful protest and keep things from getting out of hand and turning violent.

Will disorderly conduct affect employment?

It could, depending on the employer and the position you hold within the company. While disorderly conduct is classified as a misdemeanor and a relatively minor crime, it will still be a permanent mark on your criminal record. With that, it could show on a background check for any potential employer or landlord. 

What happens when you go to court for disorderly conduct?

After being arrested on disorderly conduct charges and posting disorderly conduct bail, you will be given a court date to appear before the judge. At that time, the judge will read the charges against you and ask you to enter a plea.

At this time, if you have hired a defense attorney, they will enter the plea for you, and if they plead not guilty, they will be required to present the facts in your favor. Because a disorderly conduct charge is often subjective, your lawyer has a strong possibility of proving your innocence. With all the information from you, they will be able to create a defense that could get the charges dropped, or perhaps probation in lieu of time served. 

What are the different types of theft?

Theft is rooted in the earliest records of civilization, making it one of the oldest crimes in history. As times have changed and evolved, so has theft. We have gone from stealing a chicken to stealing cars to identity theft. In general, the severity of the theft is related to the dollar value of the property. 

The severity of the punishment in Georgia or any state is based on the value of the allegedly stolen material, prior convictions of the accused, and other factors. A general look over the different types of theft identified in the State of Georgia’s statute is as follows: 

• Theft by Deception: When a person commits theft by deception, they have deceitfully obtained property with the intention of denying the owner of the stolen property. 
• Theft by Shoplifting: A shoplifting offense is when a person or persons take merchandise for their own use without paying for the merchandise, depriving the rightful owner possession of the property. 

Is theft a felony?

Theft is a felony when the property involved is worth $500 or more. It is the judge’s discretion to determine the theft as a misdemeanor or a felony offense. If the judge decides it is a felony, the punishment issued can be one to ten years prison time. Other particular circumstances that make the theft a felony in the state of Georgia include:

• Employee theft of government or bank property. A guilty verdict can be punished with a fine and prison time of  one to fifteen years.
• Theft of cemetery or gravesite decoration. A guilty verdict can be punished by prison time of one to three years.
• Theft of a motor vehicle or parts valued at $1,000 or more can be punished with up to ten years in prison if found guilty. 

What are the degrees of theft?

Shoplifting and theft offenses can add up quickly to felony penalties in Georgia. An offense resulting in one-year incarceration is considered a misdemeanor. A punishment of more than one year could become a felony with a fine of $100,000. The state penalizes the majority of theft offenses by the type of theft and the value of the property or service. There are separate penalties for extortion and shoplifting.

Misdemeanor Theft

Property or service valued at a max of $1,500 or less is punishable by up to 1 year of jail time and a fine of $1,000. After 6 months of the sentence is served, the offender may be allowed at the judge’s discretion to complete the sentence on weekends or non-working hours.

With two or more previous theft convictions, the misdemeanor penalty is bumped to a felony wobbler. With this, the judge can decide to impose a 1-year jail sentence as a misdemeanor or a felony with a 1 to a 5-year prison term. 

Wobbler Offenses: Felony or Misdemeanor Theft

Property or service theft of over $1,500 but under $5,000 will carry a prison term of 1 to 5 years. Property or service value over $5,000 and under $25,000 is punishable with a 1 to 10 years prison term.  A wobbler offense means the judge can decide to skip the felony penalty and give the defendant a misdemeanor penalty.

Felony Theft

Felony penalties are handed down for the following theft offenses:  

• Theft of property or service with a value of  $25,000 or more may be sentenced to incarceration of 2 to 20 years
• Theft of property containing a breach of a fiduciary agreement may be sentenced to incarceration of 1 to 15 years
• Theft by a government or financial institution employee involving a breach of duties is punishable by incarceration of 1 to 15 years
• Theft by deception of any property valued over $500 from a person of 65 year old or older is punishable by 5 to 10 years’ incarceration
• Theft of anhydrous ammonia in any amount is punishable by 1 to 10 years of incarceration
• Theft of an explosive, firearm or any destructive device is punishable by incarceration of 1 to 10 years with a 5-year minimum if it is a 2^nd or subsequent conviction
• Theft of a gravesite or memorial is punishable by 1 to 3 years of incarceration.
• Theft by extortion or threats will carry a penalty with the sentencing of 1 to 10 years prison time. Theft of trade secrets is a misdemeanor up to a $100 value. Over $100 it becomes a felony charge with a punishment of 1 to 5 years of incarceration.

Recidivist Enhancement

Harsh penalties are imposed for repeat felony convictions with the 2^nd or a subsequent felony conviction, the maximum sentence will be mandated. In a 4^th or subsequent offense, the offender becomes ineligible for parole. 

What is theft without intent?

In the State of Georgia, theft requires that the person accused of theft has intent to deprive the original owner of their property. The burden is on the prosecution to prove this was the intention. An experienced defense attorney will be able to review and build navigation to disprove the prosecution. 

Theft vs larceny – what is the difference? 

Broadly speaking, “theft” is an umbrella term that many types of stealing are placed under, from identity theft to intellectual theft, and more.  In Georgia, larceny is typically a reference to theft by taking. This means that larceny is physically taking property that belongs to another person. 

What is the arrest procedure?

An arrest procedure begins when a law enforcement officer uses their legal authority to restrict a suspect’s freedom. The arresting officer must have probable cause for the arrest process to begin, or else have an arrest warrant issued by a judge. 

There is also a citizen’s arrest procedure in the State of Georgia. This arrest procedure was established over 150 years ago with the goal of providing the citizens of Georgia greater protection when communication methods and travel distances inhibited law enforcement from being present. 

Law-abiding citizens were allowed to intercede and arrest or detain a suspect until they could be presented to the courts and justice served. While this law is still valid in Georgia, there have been many changes over the years. The laws for a citizen arrest procedure are under scrutiny and the proponents of citizen arrest are defended vigorously. 

What is an arrest and when does it occur?

The arrest procedure occurs is protected by the 4th Amendment of the U.S. Constitution, and occurs when law enforcement officers take a person suspected of a crime into custody. Once that suspect is unable to walk away freely from that arresting officer, they are under arrest and advised that this is the case at that time. 

An arrest procedure is only supported by the 4th Amendment when law enforcement has probable cause, meaning they have reason to believe a crime has been committed by the suspect. The courts and legislatures have picked up from where many believe the Fourth Amendment stops and have developed further rules including when and why an arrest procedure can take place. 

What do they say when they arrest you?

Any law enforcement starting the arrest procedure and detaining a subject must provide the individual their “Miranda Rights” before they can begin any questioning. The Miranda Rights are provided to inform the person being arrested of their constitutional rights and contains the following information and statements, though not in any particular order or specific verbiage. The goal is to convey an individual’s rights in a clear and understandable manner: Information conveyed to individuals includes:

• You have the right to remain silent.
• Anything you say can and will be used in a court of law.
• You have the right to an attorney during questioning.
• If you cannot afford an attorney, one will be appointed to you. 

What happens when you are under arrest?

Being arrested can be confusing and intimidating, which is why you want to hire a criminal defense attorney as soon as possible. They can walk you through the entire arrest up to the sentencing process and follow up to ensure your rights have been upheld and honored. 

The arrest process will follow these steps: 

• The Booking. After your arrest, you are taken into custody. You’ll then be fingerprinted and photographed at the police station. At this time, the police have the right to hold you waiting on bail or release you with the understanding you’ll be required to appear for your court hearing.
• The Arraignment. At this time, you will be instructed to enter a plea before a judge. The guidance of a defense attorney is valuable before you get to this point. Your plea of guilty, not guilty, or no contest can be a factor in how the rest of your arrest procedure turns out. 
• The Plea Bargaining: Plea bargaining is typical and allows the defendant to have the charges against them dropped or reduced. Again, having a defense attorney is helpful at this point. 
• The Trial and Sentencing: If a plea bargain isn’t reached, the case will proceed to the trial phase. If the defendant is found guilty, the judge then issues sentencing.

Is resisting arrest a misdemeanor or felony?

In the State of Georgia, resisting an arrest procedure by a law enforcement officer knowingly and willfully is a misdemeanor and punishable by a year in county jail. This is in addition to any charges made due to the original arrest. 

1. Misdemeanor Penalties 

Twelve months is the dividing line between a felony and misdemeanor. A felony can carry  a punishment of  over a year, even multiple years, in the state penitentiary. All misdemeanors can face a punishment up to 12 months in jail.

• Penalties for Standard Misdemeanors – Up to 1 year in jail or diversion center with a $1,000 fine with possible probation and a suspended sentence. 
• Penalties for High and Aggravated Misdemeanors – Up to 1 year in jail with a $5,000 fine with possible probation and a suspended sentence.

The difference between a standard misdemeanor and a high and aggravated misdemeanor is based on a criminal history of repeat offenders and other circumstances. Those other circumstances can include battery against a family member, senior, or expectant mother and aggressive driving. 

2. Felony Sentences Examples 

A felony penalty can  be sentenced to one year in prison or a death penalty and various other levels in between. Examples of these possible penalties: 

• Aggravated assault – One to twenty years prison time, a minimum sentences of 3 to 5 years when assault is against the elderly or peace officers.
• Aggravated battery – One to twenty years prison time, including a fine, a minimum sentences of 3 to 5 years when assault is against the elderly or peace officers.
• Marijuana possession –  for personal use of over 1 ounce or the possession with intent to distribute in an amount of ten pounds or less could face one to ten years prison time with a $5,000 fine.
• Rape – Minimum of 25 years in prison followed by life probation, death, or life.
• Robbery – One to twenty years prison time with 5 year minimum sentence for offense against a person of 65 years old or older. 

What is the lowest misdemeanor?

The standard misdemeanor charges are the lowest of all charges in Georgia. Crimes that face a standard misdemeanor charge are the act of battery against a family member, senior, or expectant mother and aggressive driving. These are punished by the following: 

• a $1,000 fine minimum
• up to 1 year in county jail
• a fine and time behind bars, or
• up to 1 year in a state diversion center.

Minority crimes can include various degrees of the following:

• Assault and battery.
• Disorderly conduct.
• Drug charges.
• DUI.
• Perjury.
• Probation violations.
• Reckless and careless driving.
• Weapons charges.

How many misdemeanors is a felony?

Because of the severity differences of felony and misdemeanor, there isn’t a set number of misdemeanors to change into a felony. To upgrade from a misdemeanor to felony is determined by either the surrounding circumstances of the arrest and the arrested person’s criminal history. 

What happens if a felon gets a misdemeanor?

When a person is arrested on a misdemeanor and they have prior felony conviction, punishment will be the judge’s discretion. Factors that are considered is the surrounding circumstances of the misdemeanor arrest, the felony history, and other factors of the arrested person. 

What are the 7 felonies?

 In 1995, the state of Georgia pass a law referred to as the “Seven Deadly Sins” law. The punishment for the list of crimes that follows was a first felony minimum 10 years prison time and no parole and a second felony punished by life in prison with no parole. Among those felonies, the top 7 that can be faced with these punishments are: 

• Assault.
• Arson.
• Drug Crimes.
• Kidnapping.
• Prostitution Promotion.
• Rape and Sexual Assault. 
• Theft.

Assault as physical connection: This when assault is defined as a person having the intention of using force or violence against another person. This may be physically punching a person or striking a person with an object. Some states consider assault and battery as one crime. Under this definition, “attempted assault” is the act of one person intending to physically harm another person but didn’t follow through. One example of attempted assault would be one person swung their fist at another and missed. 

Assault as an attempt to physically harm: There are other states that physical contact doesn’t have to be made for assault charges to be filed. The definition of assault is the attempt to execute a physical attack. This can include threatening actions that creates fear of violence in the intended person. If that person’s attempt is successful in these states, the charges turn into to battery. Under this methodology, “attempted assault” isn’t the crime because the assault itself was the attempt.

A verbal threat typically doesn’t constitute an assault in this methodology and an action of a fist raised or an abrupt move toward the other person is required to constitute a charge of assault. 

What is the legal definition of assault and battery?

In the state of Georgia, the difference between assault and battery have varying degrees for both, breaking down into category of aggravated or simple. The basic definition of each are: 

• Assault: Attempted harm or the threat of harming another person.
• Battery: Actually having physical contact with potential harming a person.

Which is worse battery or assault?

In the state of Georgia, there are five categories under the assault and battery crime: 

• Simple Assault
• Aggravated Assault
• Simple Battery
• Battery
• Aggravated battery

The punishment for these charges are: 

Simple Assault Charges

In Georgia, Simple Assault is a misdemeanor and is describe as one person trying to physically injure another person. This can be attempting to hit a person by hand or with an object and missed. Simple Assault is also defined as the act of intention or threat by one person to another, creating a fear of impending violence. Example would be the threat to beating up or knocking another person out with an angry or menacing manner. 

Simple Battery and Battery Charge

A Simple Battery charges is a misdemeanor. This is actual physical contact like hitting a person an object or punching them with a fist or shoving another person intentionally not accidently or in a jokingly manner among friends where no specific intentions were made to injure. 

Simple Assault, Simple Battery and Battery as Aggravated Misdemeanor Charge

In the state of Georgia, a Simple Assault, Simple Battery and Battery are each a misdemeanor.  There are specific cases where these crimes can be an aggravated misdemeanor charge with severe penalties. Any assault or battery on specific victims are charged as an aggravated misdemeanor. Those specific victims include, but not limited to:

• Family member.
• Intimate partner.
• Anyone 65 years of age and older.
• Public school employee carrying through their duties.

Other aggravated misdemeanors include assault or battery in a public transit station or vehicle, in or on public school property, including school buses, bus stops, battery against a law enforcement officer, or against a pregnant woman.

Is pushing someone assault? 

Yes, in the state of Georgia assault charges are possible when a person has tried to cause physical injury to someone, like striking them with their hand or an object but missed. Or a person used their fist to hit another person or pushed a person during an argument. 

Is yelling at someone assault?

In general, the state of Georgia does not constitute yelling at a person as an assault. Example, yelling, “I’ll shoot you!”, but there isn’t a gun within the area, is not an assault charge. If a weapon is present, then assault charges would be validated. 

Are assault charges a felony?

In Georgia, an aggravated assault is one that includes the intent to murder, rape, or rob a person will be charged as a felony.

For charges of assault, how many years in jail?

In the state of Georgia, an aggravated assault charge is punishable by a prison sentence of one year up to twenty years.

Once a person is arrested, there is a complex protocol that takes place, referred to as “being processed”.  This can make the time of trying to find an inmate difficult. Until the booking process is completed, there is no record of a person being arrested.  

• During the booking process, the arrested person’s personal identification and other pertinent information is entered into the jail’s computer system. The person is fingerprinted and has a mugshot taken, all entered into the jail’s system records. A check for any outstanding warrant is ran as well. 
• The time before an arrested person will be presented before the judge for arraignment can vary. The arraignment is where the bond is set by the judge. The average if they were arrested without a warrant is 48 hours.  A person arrested on a warrant can take up to 72 hours. Between the booking process and the arraignment process, it may be possible to find an inmate by calling the jail, but chances are it will not be available on an internet search until bail has been set. 
• Once the booking process and arraignment completed, the person is given an opportunity to make one phone call. This can be to a family member, friend, or an attorney. The purpose of that call is to allow the incarcerated to have a bail bondsman contacted that will get them released until their court date. The person is then placed in a cell where they will remain until bail is posted or a judge releases them. 

In some cases, like a DUI arrest, the bail is sometimes automatically set. The defendant is advised their bond amount while being booked.  They are then placed in a holding cell after making their one phone call. 

How do I find out why someone was in jail?

In the state of Georgia, there is a website designed for family and friends to find where an inmate is located. You will need the person’s first and last names, gender, race, and age range in order to find an inmate. You can also choose the most recent institution the person has been incarcerated. This will tell you when they were booked, their bail amount, and the offense they are accused. 

Other ways to find an inmate for free is calling the city, county, or state jail where you believe they may be located. You can also enlist the help of a bail bondsman to find an inmate, but they may charge a small fee. They can also offer to bail the person out once they have learned the bail amount, this will require you to put the bail amount up and sign the contract taking responsibility for the person once they are released. 

How do I find out the release date of an inmate?

The same website where you can find an inmate will provide any tentative dates set for release. You can also find when a previous convicted person was released on this website, or a phone call to the city, county, or state jail will give you this same information. 

What does it mean when you can’t find an inmate?

 After making a thorough search on the state data base, calling city, county, and state jails, if you can’t find an inmate through inmate search, this could mean one of two things:

1. They are in a federal prison which will require different search methods.
2. The institution they are being held is not linked to the state database or hasn’t updated their information. 

Once arrested, it is advised the person arrested makes their one phone call to a criminal attorney or instruct the person they do call to contact a criminal attorney.  There are many levels and processes in the court of law that the ordinary citizen won’t know.  The experience of an attorney will give you a benefit that you wouldn’t have otherwise. In need of bail in Jefferson, GA? Call 706-353-6467 today!

The first thing that may come to mind would be “Don’t drive and drink”, but there are other things that we’ll share with you on how to avoid getting arrested for DUI or DWI. Either of these will be devastating to your life as you know it today. Not only are you going to have a criminal record and could lose your job and your reputation, among other things, you put other’s lives at risk. Here are ten tips on ways to avoid getting charged with a DUI. 

1. A Designated Driver: If you’re planning on drinking, predetermine a designated driver. This is a person with a valid driver’s license and will not be drinking alcohol.  The designated driver should have the address of every person in the group that will be drinking along with their emergency contact information.
2. Take Public Transportation: What if you can’t or don’t have a designated driver? Do your drinking where the is public transportation. Take a bus, cap, taxi, or train. During holidays, there are organizations that offer free pick up service when people are going to be out drinking. As the bartender to help you arrange transportation, some will offer this service in order to help people from irresponsible driving and getting a DUI or DWI.  
3. Stay in a Hotel: Some holidays or special events, like New Year’s Eve, when you know that you’re going to be drinking and partying, book a hotel room ahead of time. Sleep it off and have a free continental breakfast the next morning. 
4. Take Their Keys: If you’re in the presence of somebody that is heavily drinking, take their car keys. If you’re the one drinking, before you get too intoxicated, hand your key’s over to somebody that won’t let you drive. 
5. Alternate Drinks: A responsible party host will have non-alcoholic beverages to offer their guest. If you’re the host, in addition to alcoholic beverages, have coffee, fruit juice, sodas, teas, and water to offer. When a party is winding down, start offering the guests other beverages to help combat the alcohol they consumed. This can help them avoid a DUI or DWI.
6. Food: Another thing that responsible hosts will have available is plenty of food. This doesn’t have to be a sit-down meal, but plenty of finger sandwiches and other snack foods. When we eat while drinking, the food will absorb some of the alcohol consumed and can often be what keeps a person from getting a DUI when they leave. 
7. Cut the Alcohol Off  Early:  Sometimes being the responsible host isn’t the fun host. This means as the night starts ending, remove the keg and put the alcohol away.  By doing this, you can be sure that your guests have had some time to sober up before they attempt to drive and risk a DUI or DWI.  
8. Mingle with Guests: Any hosts know they should mingle with all their guests, but this needs to be done not only socially but under a watchful eye. When you notice that somebody is consuming a lot of alcohol, you don’t want to let them leave drunk. Offer them non-alcoholic beverages, food, alternate transportation, or a place they can sleep it off. 
9. Call Family or Friend: If you have a guest that has to consume a lot of alcohol and is at risk of driving and getting a DUI, offer to call a family member or friend to come to pick them up. 
10. Early Start: Don’t wait until the party is hours in progress to start watching your guests, especially guests that have arrived early and started drinking, or may have already been drinking when they arrived. 

As a party goer or a host, you should take any necessary precautions that will protect you and others from getting a DUI or DWI.  

What usually happens when you get your first DUI?

More states are taking a serious approach when responding to a DUI or DWI, even a first DUI.  There isn’t a first offender act for a DUI conviction, meaning that the DUI charge will not be expunged from your record, leaving you with a criminal record. There is not any diversion offered or any possibility of withholding judgment. 

Your driver’s license is confiscated and surrendered to the DPS, taking away your legal right to drive for a period of time. The arresting office can petition for the state to suspend your driver’s license when your blood alcohol is at a certain limit or if you refuse to be tested. 

Other factors you could face with a DUI is twenty-four hours or longer behind bars, a probation period, required community service, a fine between $300 up to $1,000 or more depending on what the judge rules, and possibly required to attend an alcohol and drunk driving education program. The judge may place you on a one year probation with the possibility of being jailed if you repeat the offense during that year. 

Are there different types of DUI?

The State of Georgia has six categories of DUI charges, two of which are DUI based with the other four having a focus on DUI from other substances. The six categories of DUI charges are: 

• Per Se: Under the laws of Georgia, a DUI-Per se statute, operating a motor vehicle with .08 gram blood-alcohol level is illegal and evidence of impairment is not required. 
• Less Safe:  This DUI is not as well-known as the above, and blood alcohol level is not required for evidence. Meaning that law enforcement can arrest a person they believe is not capable of operating a motor vehicle safely. 
• Drugs: This DUI charge is for a person that is thought to be under the influence of drugs and the law enforcement agent feels they cannot operate a motor vehicle safely. This can be an illegal drug or a prescription drug. 
• Inhalants:  This DUI is when a law enforcement agent believes a person has intentionally inhaled any aerosol, glue, or other toxic vapor that has put them at a risk of operating a motor vehicle. 
• Multiple Substances: This DUI charge is for any person that law enforcement determines them under the influence of several products simultaneously such as alcohol, drugs, and/or inhalants, making it unsafe to allow them to operate a motor vehicle. 
• Marijuana or Other Controlled Substance: This DUI charges is when law enforcement finds a person to be under the influence of a controlled substance such as marijuana while operating a vehicle. If a person is licensed to legally use the controlled substance, i.e. medical marijuana, could result in being charged with Per Se or a Less Safe as described above.

How can I avoid a DUI when pulled over?

Those flashing blue and red lights are pretty when they aren’t behind you, but when they are, keep  calm and follow these tips. They are not a guarantee you won’t get arrested for DUI, but it could minimize the chance of it happening.

• DUI checkpoints Many cities have the standard spots they set these up. If you’re planning on drinking and driving, but please don’t, avoid these areas. 
• Pull Over: Don’t’ keep driving like you don’t see the lights and don’t start driving faster, trying to “lose” the officer. 
• Have Your Papers: Before the officer approaches your vehicle, have your driver’s license and proof of insurance readily available. Fumbling and searching for these could quickly lead to a DUI.  
• Keep Passengers Calm: Advise any passenger to remain calm and keep quiet unless the officer speaks directly to them, then only offer a short answer. 
• Be Polite: Being polite to a law enforcement officer is always smart.  Their job is tough enough without having to handle inappropriate conduct or making statements that can come back to you. Remember, there are body cams and dash cams now, watching everything that is happening. 
• Speak Carefully and Little: Your speech could be what gives you away as being impaired. Say as little as possible but answer questions without hesitation. 
• Decline Field Sobriety: Decline any field sobriety test, even if you are sober. If you have the slightest indication of failure, it can be used against you. 
• A Chemical Test: Any consumption of alcohol, prescription or non-prescription drug can show up on a chemical test of blood, breath, or urine.  If you have consumed any of those, refuse a chemical test. The slightest amount, even prescription drugs can get you a DUI or DWI. 
• Request a Lawyer: At any point of time when you’ve been pulled over, you have the right to speak with your lawyer. Once you have made that request, do not answer any more questions, do not make any statements, and refuse any further testing. 

Can cops search your car after a DUI?

Yes and now. If you are pulled over for a minor traffic offense, a headlight or taillight is out, you didn’t make a complete stop, etc., the officer probably won’t search your vehicle if they don’t feel there is a reason – BUT – just as an employer can always find a reason to fire a person, an officer can find a reason to search your vehicle without a warrant. This is called a “probable cause” and could be for any of the following or others:

• They asked and you agreed, meaning you waive your Fourth Amendment rights.
• You have bloodshot eyes, smell of alcohol or marijuana, or see alcohol containers in your vehicle. 
• They think you have a weapon. 

• DUI conviction
• Shoplifting conviction
• Traffic violation

 The probation period may be for as little as six months or it may be years. In Georgia, probation is a ways to  satisfy jail time while not being in custody. However, there are several strict requirements that must be adhered to during the probation period.  Any violation, the probation could be revoked, additional fines implanted, or an extension of the probation period. 

What does revoking probation mean?

As mentioned above, there are specific conditions and restrictions for probation, and if those conditions or restrictions have been violated, your probation officer, a law enforcement agent, or the judge can revoke your probation. Revoking probation means your probation rights are terminated and you’re returned to jail to face another hearing. 

The revoking probation process starts with a report being filed about the infraction by either a law enforcement, probation officer, or someone else. The probation officer is required to report this violation to the District Attorney’s office. The report is reviewed by the District Attorney and they will either dismiss the revocation request or submit it to the courts for a warrant to be issued. 

What is the best way to increase the effectiveness of probation?

There are two primary benefits for a defendant being placed on probation instead of serving time behind bars: 

• It keeps the defendant a part of the community
• It is a cost effective way for the defendant to redeem themselves of the crime committed

Experts in this area believe that a person can be more successful on probation by receiving help with assistance or treatment program related to their crime. Those programs may be an alcohol or drug treatment, anger management,  mental health counseling, and employment assistance.

What percentage of probationers successfully complete their probation?

Studies in 2005 showed that seventy six percent of those placed on probation were able to complete their time without being incarcerated.  Fifty nine percent were released after completing probation 100% successful. 

What if you completed probation but still owe money?

A completed probation does not eliminate any court costs, fines, or restitution ordered. At the end of the probation, if there is still outstanding amounts, the courts will place a civil action judgment against the defendant.  This means, you will be facing a lawsuit in civil court against the city, county, or state for which your probation was issued. 

Many think of probation as being baby sat by law enforcement, and in essence it is the same.  If the defendant breaks any of the conditions, restrictions, or rules, their probation can be revoked then placed in jail. They will also be faced with another trial for break probation which could increase their time behind bars. 

Crime, Time, Probation

If a person commits a crime, knowingly or unknowingly, they will need to do the time sentenced by the judge or complete a probation period. The easiest way to get through this is to follow the conditions and restrictions for the time allotted. Fighting and taking chances will only make the time feel longer, and possibly end up in jail for a longer time than originally. Call 706-353-6467 today.

Is drug possession a felony?

When you are caught in possession of drugs in Georgia, you’ll likely be charged with a felony. Only marijuana is treated differently. Possessing an ounce or less of marijuana is a misdemeanor drug charge while more than 1 ounce will result in felony charges. 

Why would someone’s bail be raised?

When you are arrested for almost any charge, it is up to the judge hearing your case to set a bail amount for your release. In certain cases, a judge might raise the bail amount. Some reasons bail might increase include:

• If you have a prior record, the bail amount might get raised.
• After reviewing the facts of a case, misdemeanor charges could be raised to a felony and because the crime is more severe, the judge could raise the bail amount.
• If you are on probation or parole and get arrested on a new charge such as a drug charge, bail could be raised or possibly put on hold. 

What does it mean when someone makes bail?

After you are arrested and arraigned, you will be jailed for your alleged offense. A judge normally will set a bail amount for your release. If you were arrested on a drug charge, for instance, your bail might be set at $10,000. You make bail if you pay that full amount to the court for your release. To pay this amount, you usually require the services of a bail bond agent like those at Double "O" Bonding. The bond agency charges a percentage of the bail amount as a fee to get you released from jail.

What percentage of bail is a bail bond typically?

The percentage you pay for bail varies from state to state. In Georgia, the fee is 15% of the bail amount. If your drug charge bail is $10,000, for example, you would have to pay the bond agency $1,500 in order to get released from jail. In other states, 10% is a typical fee.

How do you bail someone out of jail without money? 

Only one way exists for a person to get bailed out of jail without having to pay bail—an O.R. release. “O.R.” is short for “own recognizance.” This means the judge has good reason to believe you will return for your appointed court date with no problem. Often you are released on your own recognizance because this is your first offense. The offense is often minor as well, usually a misdemeanor charge. To be released in this case, at the very least you will have no prior criminal record, and you will have good standing in your community. It would be unusual for a judge to release someone on their own recognizance for a drug charge.

Can drug possession be expunged?

In Georgia, it’s very rare for any sort of criminal record to be expunged or completely removed from your criminal record. Instead, criminal records can be restricted under certain circumstances. This means only certain parties—usually judicial officials—can view the records, so you might have limited protection when it comes to background checks. Restrictions come in two forms, automatic or obtained by petition. Automatic restrictions usually occur if it takes a prosecutor a long time to file charges before a conviction, or if all charges are dismissed or you are acquitted. Restrictions will occur after two years for misdemeanors, four years for most felonies, except for violent or sex-related felonies which are restricted after seven years. With restriction by petition, the Superior Court has to be petitioned in the county where a case is pending. Restriction by petition is normally reserved for those whose convictions were later reversed or the case has been dead docketed for more than 12 months.