To help you with finding some information today, we have compiled some of our most common questions. If you cannot find the answer to your question in this brief summary, please do not hesitate to call us so we can assist.
A: Probably not, but you should contact a criminal defense attorney immediately to discuss the details of your situation. In most cases though, if law enforcement is trying to question you, you should very respectfully decline to say anything other than “I want to speak to an attorney.” You have a Constitutional right to remain silent, whereas if you do speak to law enforcement, anything you say can be used against you.
A: Yes. Immediately. As soon as you become aware that you are being investigated or are suspected of committing a crime, you should retain a criminal defense attorney to advise you and to protect your rights. Sometimes the advice of a good attorney may prevent you from ever being arrested, or if you are arrested, can help get you a bond in place to lessen the time that you spend in jail. Hiring an attorney early also allows that attorney to investigate your case while the evidence is still fresh and witnesses are accessible.
A: In Georgia, if this is your first felony case, and if you did not previously use first offender treatment on a misdemeanor case, then you are eligible to be treated as a First Offender if you plead guilty to your case or are found guilty at trial. First Offender does not affect what your sentence is, but rather prevents you from being considered a convicted felon. If you successfully finish your sentence without getting into trouble, then you would not be considered “convicted” of your case.
A: PTD Programs are offered for people who have little or no criminal history and whose current case is minor. If you enter into a PTD program you will normally complete some required conditions such as community service, restitution, classes, or treatment, as well as staying out of trouble for a period of time (commonly 6 months). Once you have completed the conditions of your PTD program, the State agrees to dismiss your case entirely, and you can frequently get the arrest expunged from your criminal record.
A: That depends on whether the case is uncontested (where the parties agree to everything before the case is filed) or contested (where the parties are not in agreement), as well as whether there are minor children. We cannot provide a fee schedule until we’re able to determine the nature of the case.
A: Uncontested divorces are the fastest way to complete your divorce. In uncontested divorces, all of the paperwork is filed upfront, and a Final Decree can be requested 31-days after filing with the court. Contested divorces are very case specific in how long they take, depending on factors such as whether child custody is disputed, how complex the assets and debts are that need to be split, and how much animosity there is between the parties. Contested divorces may finish as quickly as only a few months, or may take a year or more.
A: “Legal custody” relates to access to information and participation in decision making for your children. Key examples of issues where legal custody comes into play include education, healthcare, religion, and/or extracurricular activities. Parents traditionally have “joint legal custody,” which means that they both get access to information and to participate in decision making.
“Physical custody,” on the other hand, is just what it sounds like: it is the parent with whom the child is residing. Physical custody can be joint, meaning that the parents are sharing physical custody on an equal/near equal basis. This arrangement works best if the parties live near each other and can co-parent harmoniously. Alternatively, one parent would be considered the “Primary” physical custodian, with the other parent having rights to visitation or parenting time with the children.
A: If convicted, a DUI will stay on your record indefinitely. It is a common misconception that a DUI conviction will disappear from your record after a certain number of years. This is one reason why it is vitally important to hire an attorney to make every attempt to avoid being convicted of a DUI.
A: Field Sobriety tests commonly include the Horizontal Gaze Nystagmus (“HGN”), walk and turn, and one-legged stand. These tests are subjective tests conducted by the officer. The instructions can be confusing even when properly explained, and the tests themselves can be difficult to perform even if you are completely unimpaired. These tests are typically used by law enforcement to build a case against you or to show that you are impaired. Field Sobriety tests are completely voluntary, and you can refuse to perform them.
A: If you have been arrested for DUI then the officer should read you an “Implied Consent Warning” and then request that you submit to chemical testing, usually of your breath or urine. If you refuse this testing, or if you take a breath test and are over the legal limit, then your license is subject to a lengthy suspension directly through DDS. You must quickly request an appeal of this suspension or else the suspension will go into effect regardless of the outcome of your DUI. If you are arrested for DUI, contact a DUI attorney immediately.
A: In Georgia, you are considered DUI if your Blood Alcohol Concentration (“BAC”) is equal to or greater than: .08 if you are over 21 years of age, .04 if you are a commercial driver, or .02 if you are under 21 years of age.
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Doepke Law Firm is continuing to serve clients and manage cases as efficiently as possible. However, all businesses must continue to adapt in response to the evolving COVID-19 pandemic, and governments are increasingly requiring people entering courthouses to wear face masks. In alignment with other businesses and Newton County requirements to wear face covering while occupying public spaces, we currently request that everyone coming to our office to wear a “face mask”.
