Frequently Asked Questions:

Do I really need a criminal defense lawyer?

The Government has vast resources at their disposal to prosecute you with when you are charged with a crime. The government has teams of prosecutors, investigators, scientists, and other staff. It is almost always a bad idea to represent yourself when dealing with the police, district attorney, solicitor and certainly never before a judge. Hiring an experienced criminal defense lawyer will not only even the playing field but ensure that all your rights are protected and that the best possible outcome is achieved.

Should I use the public defender or hire my own lawyer?

Not everyone qualifies for the public defender. Only those who fall within certain financial guidelines will qualify. If you have the ability, it is always best to retain your own lawyer. You should choose a lawyer who has experience handling your type of case and who has proven themselves both in and out of court for getting results. You also want to feel comfortable with them and feel they are personally interested in your case and will do everything possible to help you resolve the charges brought against you.

When should I hire a criminal defense lawyer?

The moment you suspect you are under investigation or as soon as you are arrested you should contact a criminal defense lawyer immediately. It is your right to not speak or to answer questions without a lawyer.

Can I get a guaranteed result?

No! Attorneys are prohibited from guaranteeing results. Making such a promise is both unethical and against the Georgia Bar Rules. An experienced criminal lawyer can give his or her opinion based upon their prior representations in similar situations.

Should I speak with police?

No! Never! If asked to submit to an interview or to make a statement, the answer is always, "No not without my lawyer." You might think that you can tell your side of the story and that you will not be arrested. This is a terrible assumption that almost always results in an arrest and being charged with a crime. Simply tell the police investigator that you are not willing to speak with them without your lawyer present. Do not let the police intimidate or scare you into answering their questions. It is perfectly legal for the police to lie or to try to trick you into giving a statement.

If asked to submit to a police interview, contact a criminal defense lawyer immediately. Your lawyer will intercede and talk to detectives and police for you. This is a good way to give valuable information about your innocence and could lead to police not filing charges against you. It will also prevent you from making any statements that can be used against you.

Can the police detain me without arresting me?

Yes and No, a police officer may briefly detain you based upon reasonable, articulable, suspicion that you may be involved in criminal activity. A police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. The police officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the police officer to some other location.

Can the police search me without a warrant:

If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down outside of your clothes for the purpose of detecting weapons. If this "frisk" results in a reasonable belief on the part of the police officer that you are carrying a weapon or other obvious contraband, the officer may remove the suspicious object. The officer must return to you any object found unless they place you under arrest. If you are placed under arrest a more thorough search may be conducted by law enforcement. At the conclusion of this temporary detention the officer must either arrest you or let you go.

It is a violation of your rights for the police to search your residence without a warrant! You should never give the police permission to enter and search your home or car.

What are the "Miranda" rights?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

What if the police did not read me my rights?

The Miranda warning applies only to a custodial interrogation. This means that you must either be in custody or otherwise feel that you are not free to leave while you are being questioned. Also the questions being asked, even if in custody, must be the type of questions that could elicit an incriminating response. Miranda warnings do not have to be given prior to the officer asking you your name, address and other biographical information.

Police can detain or arrest you without reading you the Miranda rights. However, any statements made while in custody and prior to the Miranda being read may be ruled inadmissible into evidence should your case go to trial.

Don't be lured by false promises! The police do not have the authority to reduce charges or guarantee you a lighter sentence if you submit to questioning. Only the Prosecutors and Judges can determine whether you will be prosecuted or receive a lighter sentence.