Shawn Bible Law Main: (706) 375-2145
Ringgold: (706) 935-8864
Shawn Bible - Lawyer in NW Georgia

New Ringgold Location

Our Ringgold office have moved to the RTC (Ringgold Telephone Company) building on Alabama Highway conveniently located near the interstate. We are happy to be in this new location and look forward to continuing to serve the legal needs of Ringgold and Catoosa County.  This office will be by appointment only.

 

 

2015-07-16 11.48.56

New Website Intro

Criminal Record Restriction and Expungements

I got a lot of calls about “expungments” or record restrictions. A criminal record can be a hindrance when applying for employment. You don’t necessarily need to hire an attorney to apply for a “record restriction”.  Generally with a few exceptions, if your case was dismissed you will likely be eligible for a record restriction in Georgia.  You do this by filing a request with the law enforcement agency which arrested you.  However, if you were convicted or plead guilty you will likely not be eligible for a record restriction.

With that said, it is a good idea to consult with an attorney before you file any such request.  You should especially consult an attorney if you request a record restriction and your request is denied as you may have only 30 days to appeal the denial.

If you cannot afford to consult with an attorney check out the website for the Georgia Justice Project. Georgia Justice Project

Timeline of a Criminal Case

Below is a timeline of a criminal case.  This timeline can vary based on which court your case is in and reflects criminal cases in the Lookout Mountain Judicial Circuit Superior Court.  

 

 

Timeline of a Criminal Case

 

Investigation: During the investigation of a crime, the police review the facts, interview witnesses and gather evidence against suspect(s).  When the police think they have enough evidence, they can ask a judge to sign an arrest warrant for a suspect.

Arrest:  If you are arrested for allegedly breaking the law, the case is taken before a magistrate judge who may set bond for appearance in court.  The defendant is usually “booked” at the local jail before he can be released on bond.  The police may also try to question a defendant before release.

Interrogation by police after arrest: If questioned while under arrest a person has a right to remain silent.  Any statement you make will be used against you in court.  You have a right to have an attorney present to advise you of your rights during any questioning.  Police are required to advise you of your rights prior to interrogating you while under arrest.  If you are a suspect in a criminal case or have been arrested never speak to a police officer without an attorney present.

How do I have a bond set?  After being arrested, a suspect will go before a magistrate judge, who will either set bail or decline to set any bail so that the suspect must remain in jail until the trial of their case.  Locally bond is usually set in one of three ways.  For some offenses such as DUI, Possession of Marijuana and various traffic offenses and misdemeanors the bond may be set automatically.  Defendant’s charged with felonies will have to wait to have a ‘first appearance” in front of a Magistrate Judge.  These first appearances are usually done daily by video conference.  For some serious felony offenses, a hearing must be in held in Superior Court before a bond can be set.

What happens if I don’t have a bond set?

A Magistrate Judge is not allowed by law to set bonds for some serious felonies.  These are:

1. Murder
2. Treason
3. Rape
4. Aggravated Sodomy
5. Armed Robbery
6. Aircraft and Motor Vehicle Hijacking
7. Aggravated Child Molestation
8. Schedule I Narcotic
9. Schedule II Narcotic Manufacturing, Distributing, Delivering, Dispensing,
Administering, or Selling
10. Trafficking Cocaine or Marijuana
11. Kidnapping
12. Arson
13. Aggravated Assault 2nd Offense
14. Burglary 2nd Offense
15. Aggravated Stalking

If you are arrested of one of the above charges your bond must be set by a Superior Court Judge.  This is done      by the Judge signing an agreed bond order (a bond agreed to by the DA) or by scheduling a bond hearing.

 

What is Bail?  Bail is money or real property that is deposited with the court to ensure that the person arrested will return to court. If the Defendant returns to court as required, the bail will be returned at the end of the case. However, if the defendant does not appear in court or violates bail conditions, the bail can be forfeited to the court.

What are Bail Bond Companies?  Bail Bond companies are in the business of posting bail for defendants.  Fees charged by bail bond companies are usually based on a percentage of the bond.

What is a Property Bond?  Property can be used instead of cash to make bond.  A bondsman is not needed if you use property.  However, the property must be in Georgia. 

Preliminary Hearing: In Georgia, a magistrate judge can hold a preliminary hearing if the defendant is in jail or has bond conditions.  The prosecution must then prove that there is enough evidence supporting the charges against the defendant so that the case can be bound over for trial.  In most cases the Judge will bound the case over for trial.  So why ask for a preliminary hearing?  Most attorneys use preliminary hearings as a way to gather information about the case and get a preview of the State’s case.

Arraignment: The accused first appears before the trial judge at an arraignment.  This arraignment usually takes place a few months after arrest.  At this proceeding, the judge informs the accused of the criminal charges against them and ask the defendant if they wish to plead guilty or not guilty.  Typically, arraignments can be waived if the defendant’s attorney files a waiver of arraignment.  Usually, our office will ask clients to sign a waiver and we will enter a not guilty plea so the client will not appear in court for arraignment

Discovery:  After Arraignment our office will file Discovery Motions.  The District Attorney will then give us copies of all the evidence in their possession.

Plea Bargaining: Sometimes a defendant and the prosecution can negotiate an agreement that resolves a criminal case before trial.

Trial and Sentencing: At trial, the attorney for the state and the defense attorney will give opening and closing statements, introduce evidence and question witnesses.  If found guilty, the court will impose a sentence, which may include time incarcerated, fines and fees, court costs, restitution to victims and probation for a set period of time.

What is an appeal?  A defendant who is found guilty of some or all charges is entitled to an appeal to the Court of Appeals.  An appeal is a request that a higher court review the decisions of a lower court.  Grounds for an appeal may include insufficient evidence, violation of Constitutional rights or mistakes made by the judge in the case.

What happens to my Driver’s License if I am arrested for DUI

There is not one answer to that question.  Below are the most common scenarios.  Notice that the “look back” period to determine how many DUI convictions a person has had is five years.  The five years is measured from the dates of the previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained.

First Offense DUI Alcohol (within 5 years)

Your driver’s license will be suspended for 120 days.  However, you may be eligible for a limited temporary or work permit.  You are eligible for reinstatement of your license after 120 days upon completion of DUI school and payment of $210.00 reinstatement fee.  The above only applies if you have a Georgia driver’s license.  Other states have their own rules, which could cause your suspension to be longer.

 

Second Offense Alcohol (within 5 years)

Your Driver’s license will be suspended for 18 months.  However, you may be eligible for a temporary permit after 12 months with the installation of an ignition interlock device.  You must also complete DUI school and a DHR 17 week Alcohol and Drug course and pay a reinstatement fee of $210.

DUI of Drugs

Your license will be suspended for 180 days and you are not eligible for a temporary permit.  Your license can be reinstated after 180 days upon completion of DUI school and payment of reinstatement fee of $210.00.  Suspensions run consecutively to other withdrawals already in place.

 

Note on Administrative Suspensions

If an administrative suspension is not requested by the arresting officer, the officer should issue a 180 day temporary driving permit or sticker.  However, if an administrative suspension is requested then your license will be suspended pending your court date, unless you make a timely appeal (within 10 days of notice).  If you have notice of a adminstrative suspension it is very important you speak to an attorney within 10 days of your arrest or sooner.

Georgia Drivers License Law – Part 1 License Suspension and Withdrawals in General

Your driver’s license can be suspended for a multitude of reasons.  The most common reason is that you plead guilty or are found guilty of a criminal offense.  For example, a DUI conviction will suspend your driver’s license, as will many other traffic charges.  Even some non- traffic charges will suspend your driver’s license.  A conviction for any drug offense including misdemeanor possession of Marijuana can suspend your driver’s license.

Your license can also be suspended due to accumulation of points.  In Georgia, if you accumulate 15 or more points on your Driver’s license within 24 months your license may be suspended.  This suspension can last a year for your first offense.

Being convicted of a criminal or traffic offense is not the only way your driver’s license can be suspended.  Your driver’s license can be suspended for failure to appear in court.  If you fail to appear in court after receiving a traffic ticket, your license can suspended until you pay the fine, court cost and a reinstatement fee.  Another common reason drivers licenses are suspended is for failure to pay child support pursuant to Georgia Code Section 40-5-54.1.  Certain medical conditions such as seizures can lead to our license being suspended until you provide proof of being seizure free for six months.  Driving without insurance can suspend your license.

 Once your driver’s license is suspended if you are caught driving your license can suspended for a longer period of time and land you in jail.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Dalton and Whitfield County Lawyer

While our office is in Ringgold Georgia, we practice in all of North Georgia including Dalton, Georgia and all of Whitfield County.  Our office is located minutes from the interstate near the Catoosa County Sheriff’s Office.  All consultations are free and we are happy to set up phone consultations for clients who cannot come to our office during office hours.

 

Stepparent Adoptions in Georgia

 

The most common adoption I am asked about is the stepparent adoption.  The usual scenario is of a single mother or father who is raising a child alone with no help from the other biological parent.  The single parent meets someone, marries and the new stepparent takes over the role that the other biological parent abandoned.  The new stepparent realizes that if he or she is going to have all the responsibility of a parent that they might as well have the legal rights of a parent.  The stepparent then goes to a lawyer and asks about adoption.

So, how does one adopt a stepchild?  First, a Petition of Adoption must be filed with the Superior Court.  Either the other biological parent must consent to the adoption or their rights must be terminated by the court.  Rights can be terminated for many reasons but the most common is failure to parent or support the child for a long period of time.  If the other biological parent’s whereabouts are unknown then the court can grant an order to serve the other parent by publication in the newspaper.

The law requires a background check on the stepparent filing the petition to adopt and a home evaluation must be conducted on the home of the stepparent.  Your attorney must also file a request with the Department of Vital Records to search the Putative Father Registry.  The purpose of this Registry is for any man to provide identifying information about themselves, the mother, and the child so these registered men can be notified about adoption proceedings.  If a man has sex with a woman and then loses contact with her and he then thinks, he may have fathered a child he can place his name on the Registry.

Your attorney must provide a copy of all paperwork filed to the Law Clerk of the Superior Court to review if there is a Clerk.  A Superior Court Judge will set a date and a hearing will be scheduled in the Judge’s chambers.  If there are no objections and the person petitioning the Court for adoption is a suitable and lawful person to adopt the Judge will grant the adoption.  A new birth certificate can then be issued by the State listing the Petitioner as the child’s parent.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

 

Adoption Attorney

The Law Office of Shawn Bible is happy to serve those seeking the adoption of a child.  Our office is ready to help you if you are seeking to adopt a stepchild or child already in your care or custody.  Our office has handled many stepparent and relative adoptions and we are ready to serve you as well.

If we are unable to help you for whatever reason than we will gladly refer you to an experienced lawyer who can assist you.

DUI Lawyers

How much can you drink and still be “ok” to drive?  The simple answer is that is it not wise to drink any amount of alcohol and drive.  A taxi is much cheaper than hiring a DUI lawyer.  Finding a designated driver is much easier than finding someone to bond you out of jail.

The “legal limits” in Georgia are as follows.  In 2001, Georgia lowered the “per se” alcohol limit for adults over 21 years of age to 0.08 grams. The old blood alcohol level was 0.10 grams.  Drivers under age 21 can be convicted of “per se” DUI with an alcohol content of 0.02 grams.  Commercial truck drivers have a 0.04 grams percent limit.

However, a person can be prosecuted if his or her blood alcohol level is below the “legal limit”.  For example, if you are in a wreck and a test shows your blood alcohol level is 0.07 you can easily be prosecuted for DUI.  Will you be found guilty?  That is up to a jury but why take the risk.  If you are arrested for DUI then by all means hire a lawyer to protect your rights.  However, it is wiser to never put yourself in a position where you have to hire a DUI lawyer.