The Law Offices of Walter L. Lutes, P.C.2024-02-07T20:31:54Zhttps://www.luteslawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1101450/2021/07/fav-icon-75x75.pngOn Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=495172024-02-07T20:31:54Z2024-02-07T20:31:54ZTiming
The earlier you hire a private attorney, the easier the transition will be. If you wait until close to trial, the court may not allow a change of counsel.
Release
The public defender must file a motion to withdraw from your case before a private attorney can represent you.
Cost
Hiring a private attorney can be expensive. Understand the fees for their representation before you switch, including any required retainer.
Approval
The judge must approve the public defender's withdrawal and your new attorney. The judge may deny the request if it could delay trial.
Strategy
Changing your representation from a public defender to a private attorney also means that you will need to discuss a new trial strategy with your new attorney. Your existing strategy with your public defender will not automatically carry over, and your new attorney might have another idea for how to build your case.
Switching from a public defender to a private attorney may give you access to more resources and a more specialized defense. Understand the process and expectations for your defense so that you can make the choice that best fits your needs. Fight for your freedom with the representation that works best for you.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=495152023-12-08T16:22:05Z2023-12-08T16:22:05ZConstitutional safeguards
The U.S. Constitution guarantees the right to a speedy trial, ensuring that individuals are not held in jail for extended periods without formal charges.
The 90-day rule
Georgia also has a provision under Section 17-7-50 that requires a grand jury hearing for arrested defendants without bail who spend more than 90 days in jail awaiting further proceedings.
Your initial detention
When the police arrest you, that starts the initial detention period. This period allows law enforcement to assess evidence and decide if they will proceed with formal charges. Officers have 48 hours to make that determination and file charges or release you.
Magistrate proceedings
If the police fail to file charges within 48 hours, you might appear before a magistrate court judge. This appearance provides an opportunity for the judge to assess the case and identify any probable cause to hold you beyond that 48-hour window.
FBI reporting shows more than 10 million arrests nationwide in 2019. Navigating law enforcement detention without charges in Georgia requires you to understand the fundamentals of your rights and the procedural safeguards available. Advocate for your right to a speedy trial and protect yourself from unlawful prolonged detention with this information.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=495012023-10-09T17:28:00Z2023-10-09T17:28:00ZFirst DUI offense
According to the Georgia Office of Highway Safety, if the courts convict you of a first-time DUI offense, your driver's license is typically suspended for at least 12 months. However, you might be eligible for a limited driving permit after serving a part of your suspension. This permit allows you to drive to work, school and other essential places during your suspension period.
Second DUI offense
For a second DUI offense within ten years of the first, the license suspension period increases to a minimum of 18 months. Just like with a first offense, you can receive a limited driving permit.
Third DUI offense
A third DUI offense within ten years of the previous convictions leads to a minimum 5-year license suspension. After serving a portion of the suspension period, you may be able to obtain a limited driving permit.
Fourth DUI offense or more
They may revoke your driver's license if the courts convict you of a fourth or subsequent DUI offense within ten years. Revocation means the complete loss of your driving privileges, and a limited driving permit is not guaranteed.
Refusal to take a chemical test
Refusing a chemical test during a DUI arrest can result in a license suspension for up to one year for a first refusal, three years for a second refusal within five years and five years for a third refusal within five years.
Before risking a DUI, understand the potential penalties and consequences of a DUI conviction. Additionally, consider alternative transportation options and make responsible choices to avoid the risks associated with impaired driving.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=494992023-08-01T01:36:06Z2023-08-05T01:35:04Zlaws governing bicycles throughout the city and state. One of the most important laws is that you can get a ticket for driving while under the influence (DUI) on a bicycle.
What is bicycling under the influence?
Technically bicycling under the influence is operating a bike after drinking alcohol or using drugs. This offense is similar to driving a car or other vehicle under the influence.
Since Georgia views bicycles as moving vehicles, they operate under the same DUI laws and charges. It is possible to have to pay the same fines and penalties that you would if you were driving a car under the influence of drugs or alcohol.
What are the penalties for bicycling under the influence?
A bicycle DUI will also remain on your driving and criminal records. This can prevent you from getting low prices on car insurance and interfere with other vehicle matters.
You could go to jail or face a hefty fine. While on a bicycle, a DUI should not impact your license, and many times you could get away with probation or community service.
When you get a bicycle DUI, it is a misdemeanor that can remain on your criminal record for a very long time.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492742023-06-09T21:01:41Z2023-06-09T21:01:41ZUnderstanding the nature of drug charges
Georgia has stringent drug laws. Charges can arise from a range of activities related to controlled substances, from possession and use to manufacturing and trafficking. Even relatively minor actions like possessing drug paraphernalia can lead to serious charges.
Multiplicity of drug charges
The situation can quickly escalate when facing multiple charges. For instance, someone found in possession of a controlled substance might also face charges for possession with intent to distribute, particularly if they have a large quantity of the drug or if scales, baggies or other distribution paraphernalia are present.
Enhancements and additional charges
In Georgia, enhancements can significantly increase the penalties associated with a drug charge. For example, committing a drug offense within 1,000 feet of a school, park or drug-free zone can result in an enhancement that increases the penalties. Other factors that can result in enhancements include the involvement of a minor or the use of a firearm.
Consequences of multiple drug charges
The penalties for drug offenses in Georgia are severe. They can include hefty fines, probation, community service and mandatory drug education or treatment programs. Moreover, Georgia has a three-strike law for drug offenses, meaning that a third felony conviction could result in a life sentence.
Effects beyond legal penalties
Multiple drug charges can also have profound effects on an individual's life beyond the legal penalties. They can lead to loss of employment, difficulty finding housing, loss of professional licenses and even restrictions on educational opportunities.
Even seemingly minor drug charges can result in serious consequences. Being aware of the legal landscape and the potential for escalating charges is vital for anyone navigating Georgia's drug laws.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492722023-04-07T20:02:50Z2023-04-07T20:02:50ZFelonies
State drug laws differ in their classification of drug crimes. However, they have some similarities. For example, the amount of controlled substances suspects have in their possession often determines whether the charges are felonies or misdemeanors. In addition, felonies often involve controlled substances in type 1 and 2 groups.
Distribution is a key factor as well. Felony charges involve the intent to distribute or proof that distribution has occurred. In addition, the production or growth of controlled substances, except in states where it is legal, is a felony.
Felony drug convictions often involve high fines, prison time and the loss of voting and firearm ownership rights. Successive convictions increase these penalties.
Misdemeanors
In states where marijuana is illegal, suspects may face misdemeanors if they have less than four ounces on them or within their possession or property. They may also face misdemeanor charges if they have drug paraphernalia. Finally, these individuals may have controlled substances in type 3 or 4 groups.
Misdemeanor convictions result in fines of up to $4,000 and up to one year in jail. Successive convictions may increase these penalties.
Federal drug crimes
Individuals who traffic, transport drugs across state lines, import, or use the US Postal Service to ship drugs can face federal charges. The federal government also has control over federal or government land, so any drug crime on these lands can result in federal charges.
Convictions may result in up to life imprisonment depending on their severity.
States take drug charges very seriously, and suspects could face severe penalties. However, knowing the distinctions can help suspects prepare their cases.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492702023-02-02T20:59:17Z2023-02-10T20:58:24ZCivil vs. criminal asset forfeiture
Civil cases are often defined as issues between two citizens, whereas criminal ones are between a private individual and the state. That means that the law handles civil cases differently than criminal ones. For example, both instances involve the police seizing someone's assets. However, in a civil asset forfeiture, the police take someone's property without charging them for a crime, claiming that the property itself is the defendant.
Justification
To enact civil asset forfeiture, a law enforcement agency must be able to invoke one of these justifications:
Punishment or determent
Increase agency cooperation
Strengthen law enforcement
These are why law enforcement would seize someone's property, whether they charge the individual with a crime or not. That said, it has also raised the issue of whether or not this is legal since people could see it as a fine in addition to charges. However, the Supreme Court ruled that this was the punishment of property. Therefore, it is constitutional if law enforcement claims the right reasons.
If you have experienced a civil asset forfeiture, you must prove your innocence and reclaim your property. Unfortunately, if it is a case of joint ownership and the other owner is guilty of a crime, you cannot retake your property despite your innocence.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492682022-12-07T01:43:11Z2022-12-10T01:42:13ZPull over in a safe location
When you notice an officer signaling you to pull over, slow down and put on a signal that shows you intend to comply. Find a wide area away from oncoming traffic. Many police die during roadside accidents, so finding a safe spot can put the officer at ease.
Remain calm and visible
Turn the music off and avoid fumbling with items. Stay visible. You may want to turn on the light inside the vehicle when it is dark so the officer can see everything you are doing.
Roll down your window as the officer approaches. If your window does not work, do not open the door. Explain the issue and follow directions on whether to open the door.
Do not reach for things or act suspiciously. Keep your hands on the steering wheel and do not make sudden movements. Tell the officer before reaching for identification. Wait for confirmation that you may retrieve the item. Then return your hands to the steering wheel after handing over the information.
Document the stop
It can be wise to record traffic stops for evidence in case of police misconduct. To avoid raising suspicion, you may be better off having a permanent recording system instead of setting things up at the moment. A voice-activated system can be helpful.
Many of the same principles apply to pedestrians. Remain calm and do not make sudden movements. With forethought, you can avoid unnecessary issues when dealing with the police.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492662022-10-14T21:10:05Z2022-10-14T21:10:05ZJail and probation
If you have more than one DUI conviction in ten years, you will get mandatory jail time on your second offense of at least three days. Most two-time offenders have to go to jail for 10 to 90 days. You will also have a probation period following your jail sentence. The court will also order you to complete community service for at least 30 days. You will also have to pay a fine of $1,000.
Loss of license
In addition to jail and probation, you will lose your license for a minimum of one year. You cannot apply for a limited permit to drive to work for the first 120 days of your suspension. You will have to complete specific other tasks to get your license back. The license suspension will last three years if you cannot meet the requirements.
Reinstating your license
After a second DUI, you will need to install an ignition interlock device on your vehicle to get your license back after suspension. This device is costly to install. You will also have to pay a reinstatement fee. You may have to provide proof of completing a substance abuse treatment program.
A second DUI conviction will cost you more money, impact your freedom and significantly affect your daily life.]]>On Behalf of Law Offices of Walter L. Lutes, P.C.https://www.luteslawfirm.com/?p=492642022-08-14T02:07:12Z2022-08-14T02:07:12ZGeorgia DUI laws can help you make informed decisions to protect your future.
Can the police arrest me for sleeping in my car while drunk?
While pulling over and sleeping in your car instead of driving drunk may seem like a responsible choice, police can still arrest you for a DUI if they deduce that you were, at one time, driving while drunk. For example, if police found you sleeping in the driver's seat with keys on your lap or in the ignition, they can infer that you were in control of your vehicle. Similarly, if you are alone in the driver's seat of your vehicle while drunk and the hood of the vehicle is warm, police may have enough circumstantial evidence to give you a DUI.
How can I avoid getting a DUI for "sleeping it off" in my car?
While avoiding your vehicle while intoxicated is the safest choice, sometimes, "sleeping it off" is the only safe option available to you. Here are some ways to help you avoid future DUI charges for sleeping in your car:
Do not start the engine
Do not sleep in the driver's seat
Put your keys far away from where you sleep, such as in the trunk
It is important to understand your rights and what the law says about DUIs to help you make good decisions moving forward.]]>