FAQ Criminal Law

FAQQ. Should I Make a Statement to the Police?

A. Not without first consulting with a criminal defense attorney. Although it may be helpful to give a statement, a seasoned criminal defense lawyer can assist you in determining what is best for your defense.


Q. What is a Search Warrant?

A. A search warrant is a court order authorizing the search of a specific place for certain items.


Q. Can a search warrant be challenged in court?

A. Yes. The Fourth Amendment to the U.S. Constitution guarantees that we will be free from unreasonable searches. Search warrants may be successfully challenged if they lack probable cause, stall, or suffer other legal fatalities.


Q. What is bail?

A. Bail refers to the deposit or collateral which is offered in exchange for the release of a defendant. Bail may be posted through a bail bondsman. A deposit of 10 - 15% is usually required by a bondsman. A property bond may also be used to post bail. Finally, cash can be used to secure a defendants release.

Q. What is arraignment?

A. The arraignment is the first appearance before a judge once a case has been indicted or accused. At arraignment, the defendant is informed of the charges against him or her. At arraignment the defendant enters a plea of guilty or not guilty.

Q. What is a preliminary hearing?

A. A preliminary hearing is held to determine whether there is enough evidence to proceed further with the case against the defendant. Defendants who are released on bond are rarely afforded a preliminary hearing.

Q. What is an Expungement?

A. An Expungement refers to the cleansing or removal of one's criminal record. Georgia's laws are very restrictive regarding the cases and circumstances which are eligible for Expungement.

 


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