What are the two types of arrests?

Woman in a pink hoodie handcuffed and being escorted by two officers.

What You Should Know About Arrests

The arrest procedure is scary for most. Unfortunately, it is too common an occurrence. However, when is an arrest not mandatory? An arrest procedure is typically made by a person of authority, like law enforcement. An arrest can take place because there is a warrant for a person’s arrest, or certain circumstances give law enforcement incentive to start an arrest procedure. 

It is important for a person going through an arrest procedure to be mindful of what they say during the process. As the Miranda Rights state, “anything that you say can and will be used in a court of law”. Remaining calm and keeping a polite attitude are key during the arrest procedure. 

What is the arrest procedure?

An arrest procedure begins when a law enforcement officer uses their legal authority to restrict a suspect’s freedom. The arresting officer must have probable cause for the arrest process to begin, or else have an arrest warrant issued by a judge. 

There is also a citizen’s arrest procedure in the State of Georgia. This arrest procedure was established over 150 years ago with the goal of providing the citizens of Georgia greater protection when communication methods and travel distances inhibited law enforcement from being present. 

Law-abiding citizens were allowed to intercede and arrest or detain a suspect until they could be presented to the courts and justice served. While this law is still valid in Georgia, there have been many changes over the years. The laws for a citizen arrest procedure are under scrutiny and the proponents of citizen arrest are defended vigorously. 

What is an arrest and when does it occur?

The arrest procedure occurs is protected by the 4th Amendment of the U.S. Constitution, and occurs when law enforcement officers take a person suspected of a crime into custody. Once that suspect is unable to walk away freely from that arresting officer, they are under arrest and advised that this is the case at that time. 

An arrest procedure is only supported by the 4th Amendment when law enforcement has probable cause, meaning they have reason to believe a crime has been committed by the suspect. The courts and legislatures have picked up from where many believe the Fourth Amendment stops and have developed further rules including when and why an arrest procedure can take place. 

What do they say when they arrest you?

Any law enforcement starting the arrest procedure and detaining a subject must provide the individual their “Miranda Rights” before they can begin any questioning. The Miranda Rights are provided to inform the person being arrested of their constitutional rights and contains the following information and statements, though not in any particular order or specific verbiage. The goal is to convey an individual’s rights in a clear and understandable manner: Information conveyed to individuals includes:

  • You have the right to remain silent.
  • Anything you say can and will be used in a court of law.
  • You have the right to an attorney during questioning.
  • If you cannot afford an attorney, one will be appointed to you. 

What happens when you are under arrest?

Being arrested can be confusing and intimidating, which is why you want to hire a criminal defense attorney as soon as possible. They can walk you through the entire arrest up to the sentencing process and follow up to ensure your rights have been upheld and honored. 

The arrest process will follow these steps: 

  • The Booking. After your arrest, you are taken into custody. You’ll then be fingerprinted and photographed at the police station. At this time, the police have the right to hold you waiting on bail or release you with the understanding you’ll be required to appear for your court hearing.
  • The Arraignment. At this time, you will be instructed to enter a plea before a judge. The guidance of a defense attorney is valuable before you get to this point. Your plea of guilty, not guilty, or no contest can be a factor in how the rest of your arrest procedure turns out. 
  • The Plea Bargaining: Plea bargaining is typical and allows the defendant to have the charges against them dropped or reduced. Again, having a defense attorney is helpful at this point. 
  • The Trial and Sentencing: If a plea bargain isn’t reached, the case will proceed to the trial phase. If the defendant is found guilty, the judge then issues sentencing.

Is resisting arrest a misdemeanor or felony?

In the State of Georgia, resisting an arrest procedure by a law enforcement officer knowingly and willfully is a misdemeanor and punishable by a year in county jail. This is in addition to any charges made due to the original arrest. 

Woman wearing an orange jumpsuit sitting in a prison cell.

In Closing – Is an arrest without a warrant legal? 

There are numerous laws that regulate the arrest procedure, and there are numerous laws regulating search and seizure. The purpose of these laws is to ensure everyone is treated fairly in any situation with an arrest procedure. An arrest is usually made by authorized law enforcement and may take place with or without a warrant. A warrant provides documentation giving law enforcement the right to arrest a specific individual. However, do note that an arrest procedure can still take place without a warrant if the arresting officer has the aforementioned probable cause. If you need legal help with an arrest procedure in Jefferson, GA, contact Double "O" Bonding by calling 706-353-6467

Is a Felony or a Misdemeanor Worse?

misdemeanor arrest

Felony vs Misdemeanor

Neither felony and misdemeanor arrests are not good, but in Georgia, or any state, when comparing felonies vs misdemeanors, a felony charge is worse than a misdemeanor charge. Felony and misdemeanor charges both stay on your record, both can affect your employment, but the felony has more repercussions. How is a felony different from a misdemeanor? 

The law in Georgia law has established two classes of misdemeanors. Each misdemeanor has a specific range of penalties. The state law also assigns penalties based on crime-by-crime for felonies. These are what makes it challenging for the average common person to identify the potential penalties they may be faced when they are convicted of felony or misdemeanor charges. 

The following is a brief  outline of the statutory penalties the state of Georgia has established for misdemeanors and standard misdemeanors of a high and aggravated nature. 

1. Misdemeanor Penalties 

Twelve months is the dividing line between a felony and misdemeanor. A felony can carry  a punishment of  over a year, even multiple years, in the state penitentiary. All misdemeanors can face a punishment up to 12 months in jail.

  • Penalties for Standard Misdemeanors – Up to 1 year in jail or diversion center with a $1,000 fine with possible probation and a suspended sentence. 
  • Penalties for High and Aggravated Misdemeanors – Up to 1 year in jail with a $5,000 fine with possible probation and a suspended sentence.

The difference between a standard misdemeanor and a high and aggravated misdemeanor is based on a criminal history of repeat offenders and other circumstances. Those other circumstances can include battery against a family member, senior, or expectant mother and aggressive driving. 

2. Felony Sentences Examples 

A felony penalty can  be sentenced to one year in prison or a death penalty and various other levels in between. Examples of these possible penalties: 

  • Aggravated assault – One to twenty years prison time, a minimum sentences of 3 to 5 years when assault is against the elderly or peace officers.
  • Aggravated battery – One to twenty years prison time, including a fine, a minimum sentences of 3 to 5 years when assault is against the elderly or peace officers.
  • Marijuana possession –  for personal use of over 1 ounce or the possession with intent to distribute in an amount of ten pounds or less could face one to ten years prison time with a $5,000 fine.
  • Rape – Minimum of 25 years in prison followed by life probation, death, or life.
  • Robbery – One to twenty years prison time with 5 year minimum sentence for offense against a person of 65 years old or older. 

What is the lowest misdemeanor?

The standard misdemeanor charges are the lowest of all charges in Georgia. Crimes that face a standard misdemeanor charge are the act of battery against a family member, senior, or expectant mother and aggressive driving. These are punished by the following: 

  • a $1,000 fine minimum
  • up to 1 year in county jail
  • a fine and time behind bars, or
  • up to 1 year in a state diversion center.

Minority crimes can include various degrees of the following:

  • Assault and battery.
  • Disorderly conduct.
  • Drug charges.
  • DUI.
  • Perjury.
  • Probation violations.
  • Reckless and careless driving.
  • Weapons charges.

How many misdemeanors is a felony?

Because of the severity differences of felony and misdemeanor, there isn’t a set number of misdemeanors to change into a felony. To upgrade from a misdemeanor to felony is determined by either the surrounding circumstances of the arrest and the arrested person’s criminal history. 

What happens if a felon gets a misdemeanor?

When a person is arrested on a misdemeanor and they have prior felony conviction, punishment will be the judge’s discretion. Factors that are considered is the surrounding circumstances of the misdemeanor arrest, the felony history, and other factors of the arrested person. 

What are the 7 felonies?

 In 1995, the state of Georgia pass a law referred to as the “Seven Deadly Sins” law. The punishment for the list of crimes that follows was a first felony minimum 10 years prison time and no parole and a second felony punished by life in prison with no parole. Among those felonies, the top 7 that can be faced with these punishments are: 

  • Assault.
  • Arson.
  • Drug Crimes.
  • Kidnapping.
  • Prostitution Promotion.
  • Rape and Sexual Assault. 
  • Theft.

Can a felony be dropped to a misdemeanor?

Yes, in some cases, felony charges can be reduced to a misdemeanor charge with any of these situations: 

  • Plea bargain.
  • Mistake by arresting officer.
  • Mistake with investigation.
  • Good behavior during probation.

So, with the information in this article, the question of “Is a misdemeanor better than a felony?” is yes, but only by a slim 12 month incarceration. As soon as a person is arrested of felony and misdemeanor charges, the first thing they need to do is hire a criminal defense attorney. If the crime is specifically alcohol or drug related, a criminal defense attorney that specializes in those crimes. Call 706-353-6467 today for felony bail assistance in Jefferson, GA.

What is the Legal Definition of Assault and Battery?

two men about to fight

What is an example of assault?

A disagreement or verbal argument between two people can quickly turn into a physical fight, one person hitting or punching the other. Then a bigger fight ensues, and before you know it, somebody is getting arrested for assault, or assault and aggravated assault. Off to jail that person goes, sometimes all parties involved are arrested and taken to jail. 

Now, what may have been nothing more than a disagreement about something insignificant has turned into a legal mess. A legal mess that is going cost everyone money, and possibly their job and reputation.  Was that assault worth what they’re about to go through? 

Every state has their own definition of assault, but one thing for certain, any definition of assault is a form of violence. The basic, main definitions of assault are: 

Assault as physical connection: This when assault is defined as a person having the intention of using force or violence against another person. This may be physically punching a person or striking a person with an object. Some states consider assault and battery as one crime. Under this definition, “attempted assault” is the act of one person intending to physically harm another person but didn’t follow through. One example of attempted assault would be one person swung their fist at another and missed. 

Assault as an attempt to physically harm: There are other states that physical contact doesn’t have to be made for assault charges to be filed. The definition of assault is the attempt to execute a physical attack. This can include threatening actions that creates fear of violence in the intended person. If that person’s attempt is successful in these states, the charges turn into to battery. Under this methodology, “attempted assault” isn’t the crime because the assault itself was the attempt.

A verbal threat typically doesn’t constitute an assault in this methodology and an action of a fist raised or an abrupt move toward the other person is required to constitute a charge of assault. 

What is the legal definition of assault and battery?

In the state of Georgia, the difference between assault and battery have varying degrees for both, breaking down into category of aggravated or simple. The basic definition of each are: 

  • Assault: Attempted harm or the threat of harming another person.
  • Battery: Actually having physical contact with potential harming a person.

Which is worse battery or assault?

In the state of Georgia, there are five categories under the assault and battery crime: 

  • Simple Assault
  • Aggravated Assault
  • Simple Battery
  • Battery
  • Aggravated battery

The punishment for these charges are: 

Simple Assault Charges

In Georgia, Simple Assault is a misdemeanor and is describe as one person trying to physically injure another person. This can be attempting to hit a person by hand or with an object and missed. Simple Assault is also defined as the act of intention or threat by one person to another, creating a fear of impending violence. Example would be the threat to beating up or knocking another person out with an angry or menacing manner. 

Simple Battery and Battery Charge

A Simple Battery charges is a misdemeanor. This is actual physical contact like hitting a person an object or punching them with a fist or shoving another person intentionally not accidently or in a jokingly manner among friends where no specific intentions were made to injure. 

Simple Assault, Simple Battery and Battery as Aggravated Misdemeanor Charge

In the state of Georgia, a Simple Assault, Simple Battery and Battery are each a misdemeanor.  There are specific cases where these crimes can be an aggravated misdemeanor charge with severe penalties. Any assault or battery on specific victims are charged as an aggravated misdemeanor. Those specific victims include, but not limited to:

  • Family member.
  • Intimate partner.
  • Anyone 65 years of age and older.
  • Public school employee carrying through their duties.

Other aggravated misdemeanors include assault or battery in a public transit station or vehicle, in or on public school property, including school buses, bus stops, battery against a law enforcement officer, or against a pregnant woman.

Is pushing someone assault? 

Yes, in the state of Georgia assault charges are possible when a person has tried to cause physical injury to someone, like striking them with their hand or an object but missed. Or a person used their fist to hit another person or pushed a person during an argument. 

Is yelling at someone assault?

In general, the state of Georgia does not constitute yelling at a person as an assault. Example, yelling, “I’ll shoot you!”, but there isn’t a gun within the area, is not an assault charge. If a weapon is present, then assault charges would be validated. 

Are assault charges a felony?

In Georgia, an aggravated assault is one that includes the intent to murder, rape, or rob a person will be charged as a felony.

For charges of assault, how many years in jail?

In the state of Georgia, an aggravated assault charge is punishable by a prison sentence of one year up to twenty years.

arrested after assault and battery

Can assault be expunged?

The state of Georgia, expunging a criminal charge is a possibility for some offenses, like a first-time drug charge. However, an assault conviction cannot be expunged, restricted, or sealed from a  criminal record, even if the person has received an official pardon. Call 706-353-6467 today for assault and battery bail in Jefferson, GA.

How do I locate a person in jail?

person arrested

How long does processing take in jail?

Maybe the only thing worse than being arrested and placed in jail is being on the other side of that situation.  You know somebody is jail, but you can’t locate them. What is the process to find an inmate and is it different between city jail and county jail? What do you have to go through to find an inmate in prison? Are there different ways to approach each of these situations?  Keep reading and with answers we’ll provide commonly asked questions, we’ll find out. 

First, we need to realize that there is a period of time from when somebody is arrested and booked, to when it is public knowledge where you can find an inmate. That leads us to the first question: 

Once a person is arrested, there is a complex protocol that takes place, referred to as “being processed”.  This can make the time of trying to find an inmate difficult. Until the booking process is completed, there is no record of a person being arrested.  

  • During the booking process, the arrested person’s personal identification and other pertinent information is entered into the jail’s computer system. The person is fingerprinted and has a mugshot taken, all entered into the jail’s system records. A check for any outstanding warrant is ran as well. 
  • The time before an arrested person will be presented before the judge for arraignment can vary. The arraignment is where the bond is set by the judge. The average if they were arrested without a warrant is 48 hours.  A person arrested on a warrant can take up to 72 hours. Between the booking process and the arraignment process, it may be possible to find an inmate by calling the jail, but chances are it will not be available on an internet search until bail has been set. 
  • Once the booking process and arraignment completed, the person is given an opportunity to make one phone call. This can be to a family member, friend, or an attorney. The purpose of that call is to allow the incarcerated to have a bail bondsman contacted that will get them released until their court date. The person is then placed in a cell where they will remain until bail is posted or a judge releases them. 

In some cases, like a DUI arrest, the bail is sometimes automatically set. The defendant is advised their bond amount while being booked.  They are then placed in a holding cell after making their one phone call. 

How do I find out why someone was in jail?

In the state of Georgia, there is a website designed for family and friends to find where an inmate is located. You will need the person’s first and last names, gender, race, and age range in order to find an inmate. You can also choose the most recent institution the person has been incarcerated. This will tell you when they were booked, their bail amount, and the offense they are accused. 

Other ways to find an inmate for free is calling the city, county, or state jail where you believe they may be located. You can also enlist the help of a bail bondsman to find an inmate, but they may charge a small fee. They can also offer to bail the person out once they have learned the bail amount, this will require you to put the bail amount up and sign the contract taking responsibility for the person once they are released. 

How do I find out the release date of an inmate?

The same website where you can find an inmate will provide any tentative dates set for release. You can also find when a previous convicted person was released on this website, or a phone call to the city, county, or state jail will give you this same information. 

What does it mean when you can’t find an inmate?

 After making a thorough search on the state data base, calling city, county, and state jails, if you can’t find an inmate through inmate search, this could mean one of two things:

  1. They are in a federal prison which will require different search methods.
  2. The institution they are being held is not linked to the state database or hasn’t updated their information. 
behind bars

Can a person bond themselves out of jail?

There are twenty crimes in the state of Georgia that do not have any constitutional right to bail. These bail restricted offenses include aggravated sexual battery, armed robbery, drug trafficking, and rape.  , 

For less serious offenses, bail is set by the judge and if the offender is over the age of 18 and has the funds on them to pay their full bond, the judge may release them immediately, although in jail time “immediately” can still be several hours for processing. 

Once arrested, it is advised the person arrested makes their one phone call to a criminal attorney or instruct the person they do call to contact a criminal attorney.  There are many levels and processes in the court of law that the ordinary citizen won’t know.  The experience of an attorney will give you a benefit that you wouldn’t have otherwise. In need of bail in Jefferson, GA? Call 706-353-6467 today!

What are 3 ways you can avoid a DUI?

man deciding between driving or not

What is the best way to avoid getting charged with a DUI?

DUI is not something that anybody should want, and you certainly don’t want your insurance company to know about it. DUI = Driving Under Influence of either alcohol or drugs. A DUI means you were drinking, or have behavior affecting drugs, in your system and chose to get behind the wheel of a vehicle and drive. At the point you’re a pulled over law enforcement is an indicator you shouldn’t have made that decision. 

Now, you’re faced with DUI charges which can bring about a lot of other issues. You’re going to have a criminal record. You’re going to be out a lot of money, you could possibly lose your job, (which won’t help with the money you’re going to need.), and a possibility of so much more negative things are on the horizon.

The first thing that may come to mind would be “Don’t drive and drink”, but there are other things that we’ll share with you on how to avoid getting arrested for DUI or DWI. Either of these will be devastating to your life as you know it today. Not only are you going to have a criminal record and could lose your job and your reputation, among other things, you put other’s lives at risk. Here are ten tips on ways to avoid getting charged with a DUI. 

  1. A Designated Driver: If you’re planning on drinking, predetermine a designated driver. This is a person with a valid driver’s license and will not be drinking alcohol.  The designated driver should have the address of every person in the group that will be drinking along with their emergency contact information.
  2. Take Public Transportation: What if you can’t or don’t have a designated driver? Do your drinking where the is public transportation. Take a bus, cap, taxi, or train. During holidays, there are organizations that offer free pick up service when people are going to be out drinking. As the bartender to help you arrange transportation, some will offer this service in order to help people from irresponsible driving and getting a DUI or DWI.  
  3. Stay in a Hotel: Some holidays or special events, like New Year’s Eve, when you know that you’re going to be drinking and partying, book a hotel room ahead of time. Sleep it off and have a free continental breakfast the next morning. 
  4. Take Their Keys: If you’re in the presence of somebody that is heavily drinking, take their car keys. If you’re the one drinking, before you get too intoxicated, hand your key’s over to somebody that won’t let you drive. 
  5. Alternate Drinks: A responsible party host will have non-alcoholic beverages to offer their guest. If you’re the host, in addition to alcoholic beverages, have coffee, fruit juice, sodas, teas, and water to offer. When a party is winding down, start offering the guests other beverages to help combat the alcohol they consumed. This can help them avoid a DUI or DWI.
  6. Food: Another thing that responsible hosts will have available is plenty of food. This doesn’t have to be a sit-down meal, but plenty of finger sandwiches and other snack foods. When we eat while drinking, the food will absorb some of the alcohol consumed and can often be what keeps a person from getting a DUI when they leave. 
  7. Cut the Alcohol Off  Early:  Sometimes being the responsible host isn’t the fun host. This means as the night starts ending, remove the keg and put the alcohol away.  By doing this, you can be sure that your guests have had some time to sober up before they attempt to drive and risk a DUI or DWI.  
  8. Mingle with Guests: Any hosts know they should mingle with all their guests, but this needs to be done not only socially but under a watchful eye. When you notice that somebody is consuming a lot of alcohol, you don’t want to let them leave drunk. Offer them non-alcoholic beverages, food, alternate transportation, or a place they can sleep it off. 
  9. Call Family or Friend: If you have a guest that has to consume a lot of alcohol and is at risk of driving and getting a DUI, offer to call a family member or friend to come to pick them up. 
  10. Early Start: Don’t wait until the party is hours in progress to start watching your guests, especially guests that have arrived early and started drinking, or may have already been drinking when they arrived. 

As a party goer or a host, you should take any necessary precautions that will protect you and others from getting a DUI or DWI.  

What usually happens when you get your first DUI?

More states are taking a serious approach when responding to a DUI or DWI, even a first DUI.  There isn’t a first offender act for a DUI conviction, meaning that the DUI charge will not be expunged from your record, leaving you with a criminal record. There is not any diversion offered or any possibility of withholding judgment. 

Your driver’s license is confiscated and surrendered to the DPS, taking away your legal right to drive for a period of time. The arresting office can petition for the state to suspend your driver’s license when your blood alcohol is at a certain limit or if you refuse to be tested. 

Other factors you could face with a DUI is twenty-four hours or longer behind bars, a probation period, required community service, a fine between $300 up to $1,000 or more depending on what the judge rules, and possibly required to attend an alcohol and drunk driving education program. The judge may place you on a one year probation with the possibility of being jailed if you repeat the offense during that year. 

Are there different types of DUI?

The State of Georgia has six categories of DUI charges, two of which are DUI based with the other four having a focus on DUI from other substances. The six categories of DUI charges are: 

  • Per Se: Under the laws of Georgia, a DUI-Per se statute, operating a motor vehicle with .08 gram blood-alcohol level is illegal and evidence of impairment is not required. 
  • Less Safe:  This DUI is not as well-known as the above, and blood alcohol level is not required for evidence. Meaning that law enforcement can arrest a person they believe is not capable of operating a motor vehicle safely. 
  • Drugs: This DUI charge is for a person that is thought to be under the influence of drugs and the law enforcement agent feels they cannot operate a motor vehicle safely. This can be an illegal drug or a prescription drug. 
  • Inhalants:  This DUI is when a law enforcement agent believes a person has intentionally inhaled any aerosol, glue, or other toxic vapor that has put them at a risk of operating a motor vehicle. 
  • Multiple Substances: This DUI charge is for any person that law enforcement determines them under the influence of several products simultaneously such as alcohol, drugs, and/or inhalants, making it unsafe to allow them to operate a motor vehicle. 
  • Marijuana or Other Controlled Substance: This DUI charges is when law enforcement finds a person to be under the influence of a controlled substance such as marijuana while operating a vehicle. If a person is licensed to legally use the controlled substance, i.e. medical marijuana, could result in being charged with Per Se or a Less Safe as described above.

How can I avoid a DUI when pulled over?

Those flashing blue and red lights are pretty when they aren’t behind you, but when they are, keep  calm and follow these tips. They are not a guarantee you won’t get arrested for DUI, but it could minimize the chance of it happening.

  • DUI checkpoints Many cities have the standard spots they set these up. If you’re planning on drinking and driving, but please don’t, avoid these areas. 
  • Pull Over: Don’t’ keep driving like you don’t see the lights and don’t start driving faster, trying to “lose” the officer. 
  • Have Your Papers: Before the officer approaches your vehicle, have your driver’s license and proof of insurance readily available. Fumbling and searching for these could quickly lead to a DUI.  
  • Keep Passengers Calm: Advise any passenger to remain calm and keep quiet unless the officer speaks directly to them, then only offer a short answer. 
  • Be Polite: Being polite to a law enforcement officer is always smart.  Their job is tough enough without having to handle inappropriate conduct or making statements that can come back to you. Remember, there are body cams and dash cams now, watching everything that is happening. 
  • Speak Carefully and Little: Your speech could be what gives you away as being impaired. Say as little as possible but answer questions without hesitation. 
  • Decline Field Sobriety: Decline any field sobriety test, even if you are sober. If you have the slightest indication of failure, it can be used against you. 
  • A Chemical Test: Any consumption of alcohol, prescription or non-prescription drug can show up on a chemical test of blood, breath, or urine.  If you have consumed any of those, refuse a chemical test. The slightest amount, even prescription drugs can get you a DUI or DWI. 
  • Request a Lawyer: At any point of time when you’ve been pulled over, you have the right to speak with your lawyer. Once you have made that request, do not answer any more questions, do not make any statements, and refuse any further testing. 

Can cops search your car after a DUI?

Yes and now. If you are pulled over for a minor traffic offense, a headlight or taillight is out, you didn’t make a complete stop, etc., the officer probably won’t search your vehicle if they don’t feel there is a reason – BUT – just as an employer can always find a reason to fire a person, an officer can find a reason to search your vehicle without a warrant. This is called a “probable cause” and could be for any of the following or others:

  • They asked and you agreed, meaning you waive your Fourth Amendment rights.
  • You have bloodshot eyes, smell of alcohol or marijuana, or see alcohol containers in your vehicle. 
  • They think you have a weapon. 
driving with open bottle

Is a dui is a misdemeanor or felony?

In the State of Georgia, A DUI charge is usually a misdemeanor offense, but depending on surround circumstances, a DUI charge can become a felony offense. Situations that make a DUI a felony charge would be repeat offender, child endangerment, serious injury to self or others, vehicle homicide, or vehicle feticide, or interfering with traffic device. 

Is dui or dwi worse or are they the same?  A DWI is typically the more severe of the two because it indicates there is a higher level of alcohol or drug evident. A DWI will have tougher penalties than a DUI, however, a first-time offender with a good legal representation can get a DWI reduced to a DUI. Still, both are serious charges and have last implications that will follow you for life. Call 706-353-6467 today for your bail needs.

What is the success rate of probation?

arrested individual in police station

Do you automatically go to jail if you violate probation?

After being arrested, when all is said and done in regard to a trail and sentencing, part of the defendant’s release is being under probation. The purpose of probation is for rehabilitation for the defendant, and a level of protection for society from more criminal conduct by the defendant. Probation is also a level of protection for the victim. Probation is typically granted by the judge for a defendant with first-time offense or considered a low-risk.

For most people, completing probation early is easy, especially for a first-time offender. Breaking the law isn’t a normal thing for them, so staying on the right track and taking care of business is standard. There are other however, especially repeat offenders, completing probation period without lapsing backward is challenging. 

In the state of Georgia, or any state, there are several reasons why a defendant is given probation, and they be  giving probation instead of time behind bars.  Some reasons why probation is issued are: 

  • DUI conviction
  • Shoplifting conviction
  • Traffic violation

 The probation period may be for as little as six months or it may be years. In Georgia, probation is a ways to  satisfy jail time while not being in custody. However, there are several strict requirements that must be adhered to during the probation period.  Any violation, the probation could be revoked, additional fines implanted, or an extension of the probation period. 

What does revoking probation mean?

As mentioned above, there are specific conditions and restrictions for probation, and if those conditions or restrictions have been violated, your probation officer, a law enforcement agent, or the judge can revoke your probation. Revoking probation means your probation rights are terminated and you’re returned to jail to face another hearing. 

The revoking probation process starts with a report being filed about the infraction by either a law enforcement, probation officer, or someone else. The probation officer is required to report this violation to the District Attorney’s office. The report is reviewed by the District Attorney and they will either dismiss the revocation request or submit it to the courts for a warrant to be issued. 

What is the best way to increase the effectiveness of probation?

There are two primary benefits for a defendant being placed on probation instead of serving time behind bars: 

  • It keeps the defendant a part of the community
  • It is a cost effective way for the defendant to redeem themselves of the crime committed

Experts in this area believe that a person can be more successful on probation by receiving help with assistance or treatment program related to their crime. Those programs may be an alcohol or drug treatment, anger management,  mental health counseling, and employment assistance.

What percentage of probationers successfully complete their probation?

Studies in 2005 showed that seventy six percent of those placed on probation were able to complete their time without being incarcerated.  Fifty nine percent were released after completing probation 100% successful. 

What if you completed probation but still owe money?

A completed probation does not eliminate any court costs, fines, or restitution ordered. At the end of the probation, if there is still outstanding amounts, the courts will place a civil action judgment against the defendant.  This means, you will be facing a lawsuit in civil court against the city, county, or state for which your probation was issued. 

arrested guy in interrogation

What happens if you don’t complete probation?

There are different forms of probation in the state of Georgia and the conditions and restrictions are spelled out ins the sentencing documents or plea agreement. When any of the conditions or restrictions are violated, the defendant will be arrested and returned to jail. Probation is a serious matter and should be followed to the exact word as detailed. 

A misdemeanor crime where probation was handed down can be for as long as twelve months. For a felony conviction probation, the period will be for years. For a defendant, the need to remember that probation is in lieu of spending time behind bars. Probation conditions can include: 

  • Fines
  • Community service
  • Search warrant of person, residence, and/ or vehicle
  • Curfew
  • No contact with others on probation or with a criminal record
  • No consumption or possession of alcohol or illegal drugs
  • Attend and complete a counseling or treatment
  • Attend school
  • Remain employed

Many think of probation as being baby sat by law enforcement, and in essence it is the same.  If the defendant breaks any of the conditions, restrictions, or rules, their probation can be revoked then placed in jail. They will also be faced with another trial for break probation which could increase their time behind bars. 

Crime, Time, Probation

If a person commits a crime, knowingly or unknowingly, they will need to do the time sentenced by the judge or complete a probation period. The easiest way to get through this is to follow the conditions and restrictions for the time allotted. Fighting and taking chances will only make the time feel longer, and possibly end up in jail for a longer time than originally. Call 706-353-6467 today.

How Much Is Bail for a Felony Drug Charge?

A Drug Dealer Under Arrest.

How much is bail for a felony drug charge?

Bail for drug possession will vary because drug charges will vary in severity. In Georgia, penalties for drug charges can be severe. Being in possession of a small amount of drugs other than marijuana could result in felony charges. But, no matter what kind of drug you’ve been caught with if you’ve been arrested for possessing or distributing a large amount of drugs, bail for a felony drug charge could end up being set in the hundreds of thousands of dollars or higher. When you need drug charge bail in Jefferson, GA, you can always get immediate help from Double "O" Bonding. No matter how high your bail amount, we’ll work to get you out. All you need to do is call 706-353-6467.

Is drug possession a felony?

When you are caught in possession of drugs in Georgia, you’ll likely be charged with a felony. Only marijuana is treated differently. Possessing an ounce or less of marijuana is a misdemeanor drug charge while more than 1 ounce will result in felony charges. 

Why would someone’s bail be raised?

When you are arrested for almost any charge, it is up to the judge hearing your case to set a bail amount for your release. In certain cases, a judge might raise the bail amount. Some reasons bail might increase include:

  • If you have a prior record, the bail amount might get raised.
  • After reviewing the facts of a case, misdemeanor charges could be raised to a felony and because the crime is more severe, the judge could raise the bail amount.
  • If you are on probation or parole and get arrested on a new charge such as a drug charge, bail could be raised or possibly put on hold. 

What does it mean when someone makes bail?

After you are arrested and arraigned, you will be jailed for your alleged offense. A judge normally will set a bail amount for your release. If you were arrested on a drug charge, for instance, your bail might be set at $10,000. You make bail if you pay that full amount to the court for your release. To pay this amount, you usually require the services of a bail bond agent like those at Double "O" Bonding. The bond agency charges a percentage of the bail amount as a fee to get you released from jail.

What percentage of bail is a bail bond typically?

The percentage you pay for bail varies from state to state. In Georgia, the fee is 15% of the bail amount. If your drug charge bail is $10,000, for example, you would have to pay the bond agency $1,500 in order to get released from jail. In other states, 10% is a typical fee.

How do you bail someone out of jail without money? 

Only one way exists for a person to get bailed out of jail without having to pay bail—an O.R. release. “O.R.” is short for “own recognizance.” This means the judge has good reason to believe you will return for your appointed court date with no problem. Often you are released on your own recognizance because this is your first offense. The offense is often minor as well, usually a misdemeanor charge. To be released in this case, at the very least you will have no prior criminal record, and you will have good standing in your community. It would be unusual for a judge to release someone on their own recognizance for a drug charge.

Can drug possession be expunged?

In Georgia, it’s very rare for any sort of criminal record to be expunged or completely removed from your criminal record. Instead, criminal records can be restricted under certain circumstances. This means only certain parties—usually judicial officials—can view the records, so you might have limited protection when it comes to background checks. Restrictions come in two forms, automatic or obtained by petition. Automatic restrictions usually occur if it takes a prosecutor a long time to file charges before a conviction, or if all charges are dismissed or you are acquitted. Restrictions will occur after two years for misdemeanors, four years for most felonies, except for violent or sex-related felonies which are restricted after seven years. With restriction by petition, the Superior Court has to be petitioned in the county where a case is pending. Restriction by petition is normally reserved for those whose convictions were later reversed or the case has been dead docketed for more than 12 months.

A Man Arrested on a Drug Charge.

What does aggravated drug possession mean?

If you are charged with aggravated drug possession, this normally means you’re facing felony charges. Most drug possession charges in Georgia are felonies. If you have been arrested on a drug charge in Jefferson, GA and need bail, you can count on Double "O" Bonding for a fast response. You can reach us at 706-353-6467 for immediate help.

How to Find a Loved One in Jail

annoyed loved one looking for arrested person

Finding an arrested loved one

The United States has more than two million citizens behind bars, and many of them, if not all of them, have family members on the outside worrying about them. For the spouse or partner on the outside, there is an emotional and traumatic impact on the family. It is complicated and overwhelming for the children, disruptive of the household routine, and then there is the financial strain incarceration creates, including the process of arranging for bail bonds.

Fortunately, for all of the things mentioned above, finding a bail bonds company is the easiest part. There is at least one on every corner around a jail, on bus benches, and billboards.  By any chance, you don’t see any of those. You can always do a Google search for ‘bail bonds near me,’ and you’ll get more than you can contact, and you can even find answers about bail bonds specifically. 

As the family member on the outside, if you’ve never experienced having a loved one incarcerated, you probably have a lot of questions, and concerned about your loved one. Once you have received that ‘one phone call’ and got over the initial shock, learning about bail bonds is the first thing you need to do. 

Like learning about bail bonds and how they work and will bail bonds be the end of your worries, or is this just the start of a long journey. Any concerns or questions about bail bonds are best left to an attorney to answer. While we can’t answer all your questions and address all of your concerns in this article, we have selected a few of the most common questions to answer. 

What do you do when a loved one is incarcerated?

When a loved one is arrested and sentenced to time behind bars, the challenge is the unknown, and the unknown is what leaves us feeling a loss of control over or lives. After you have handled the bail bonds issue and have secured legal counsel, the first thing, and the best thing you can do is to gain control over the situation. 

To start gaining that control, use the time to prepare yourself, the family, and the loved one that is incarcerated. Talk about what could be ahead for the incarcerated one and how it will affect the family. You need to get prepared emotionally, mentally, and financially, especially if the loved one is the family breadwinner. After researching bail bonds and posting bail, your finances are hit hard, and this will become a huge focus in the future. 

Know that there are psychological stages that you, the family, and the loved one will go through, and this is normal. Instead of the emotions controlling everyone’s actions, learn to realize when those emotions are building, and learn how to work with them. 

For the children, preparing them for the possibility that the loved one may be gone for a time will be the hardest part. Young children don’t understand finances, and they won’t understand the emotional strain that comes from the financial strain of paying bail bonds fees and dealing without that paycheck. 

How do I leave a message for an inmate?

Having a loved one imprisoned is not a good experience for either party, the incarcerated, or those on the outside. As much as you’re going through processing this situation, life inside jail or prison isn’t a fun place either. Inmates have few privileges, no privacy or freedom, most of which you understand after calling around for bail bonds, they won’t have much after they are released. 

During this time, your loved one will likely lean on you for support. You can contact the facility the loved one is incarcerated and find out the specifics for contacting them or sending them gifts and staples. Each facility will have necessary state policies, and each will have their policies. In Alleghany County, the following is a general idea of what you can do and expect: 

  • Phone calls: Ask if it is possible to leave messages and if there is a specific number to call. 
  • Care Package and Mail: Inmates are usually allowed to receive letters. Call the unit they are incarcerated and ask for the address, and how to address it, so it gets to your loved one. 
  • Sending Funds: You may wonder what a prisoner could need while behind bars, but there are some luxuries they can acquire, like snacks through a vending machine. In addition to their three meals each day, they can pay extra for some things, like soft drinks and sweets. 
  • Visitors: Most facilities allow a certain number of visitors that have to be preapproved. The visiting days and times are specific to each facility. Calling the facility and asking their specifics is recommended. 

What do you say to someone in jail?

Frequent contact by phone and in-person visitations. Keep them up-to-date on what’s going on with the family and friends. Talk about what’s going on with the world, and listen to them. Bring recent pictures, a book to read together and share any good news with them.  

While they are in a wrong way being locked up, share your problems with them too. These are things that will help them remember there are issues besides there. Ask advice on how to handle your financial woes, problems at work, or issues with a neighbor. Please give them a semblance of normalcy amid their worries and make them feel they are still a part of your life outside. Don’t forget, anniversaries, birthdays, and holidays. 

How do you make a prisoner feel loved?

Don’t forget them, don’t ignore them. As hard as this time is for you, it is worse for them, especially when they know they are the cause of your worries. If you can’t make the weekly visit, send cards and letters, enclose pictures of the kids and their other loved ones. They may be behind bars, but they are still humans and need to be treated as a person with feelings. 

person arrested

What information do you need to write an inmate?

Writing to a loved one that is in prison will be a special gift for them.  A person that is incarcerated doesn’t have any outside contact so that a personal letter can bring them a smile in an otherwise bleak situation. Writing to a person incarcerated will be read by jail or prison officials. Don’t write about anything that could cause your loved one’s problems. Choose the topics and tone with care. You want to make sure it is addressed correctly, include their prisoner number, and make sure your name and the return address is on the envelope. 

If you are going to send something with the letter, make sure you check the guidelines and follow them exactly. Scented stationery, glitter, stickers, and other items will get your letter trashed. The prison may open your correspondence. Don’t say anything that could cause repercussions for your correspondent, such as disparaging remarks about prison officials. Sexual or violent content is likely to prevent your letter from being delivered.

Refrain from badgering the person about why they are incarcerated. They may ask how things are going on the outside, mostly the financial strain they have put the family under. Answer their questions honestly but without an accusing or argumentative tone. Need bail bonds to help your loved one? Call 706-353-6467 today for bail bonds in Jefferson, GA.

What are the 5 types of violence?

Defining violence

Domestic violence is one of those things that was always brushed up under the rug and never discussed.  In some circles of society, it was expected and accepted as usual. Today though, the outlook has changed, and the legal system has taken a stance on domestic violence punishment. 

While domestic violence is at the top of the list, it isn’t the only type of violence. Regardless of what type of violence a person is experiencing, it is an epidemic with no limits of borders or respect. Five of the different types of violence that people experience daily around the globe are: 

  • Bullying: This is the act of repeatedly emotionally or physically victimizing a person. It can be in the form of kicking or punching, intimidating, or threatening, excluding from group participation, and spreading of rumors. 
  • ​Child Abuse:  The legal definition of child abuse and child neglect can differ between states, but the federal definition of child abuse or child neglect is stated as follows:  “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act, which presents an imminent risk of serious harm.”  Most states enforce laws within this definition. 
  • Community Violence: Directly or indirectly exposing a person to an act of interpersonal violence when unrelated to them. Examples of these acts would be burglary, mugging, sexual assault, teen gangs, and racial division. 
  • Domestic Violence: This is when emotional, physical, and sexual violence takes place between two adults in their home, usually married or partners. Emotional violence in the home between two adults, regularly partners, is considered domestic violence.
  • ​School Violence: Included in this type of violence is bullying, fighting, gang violence, intimidating, kicking, punching, or slapping and can take place on school property, to or from school, and before, during, or after school or a school-sponsored event.

How serious is a domestic violence charge?

The State of Georgia takes a severe view of domestic violence and will punish those crimes with harsh sentencing. Is there domestic violence bail? Yes, but depending on circumstances, the accused’s a criminal background, and other factors, the judge will likely set the bail at the highest amount possible. 

Is domestic violence punishable?

Yes, and punishment handed down is often more strict than other crimes. Domestic violence crimes have set higher fines as well, and longer imprisonment periods in Georgia than other crimes. Fine for an initial domestic violence battery is $1,000.00 with twelve-month jail time. 

Is a domestic violence conviction a felony?

Subsequent domestic violence charges are given a fine of $5,000.00 and a twelve-month maximum jail sentencing with the possibility of charges being treated as a felony and a five-year prison term. 

How many years do you get for domestic violence?

For a first time charge, the accused could be sentenced to twelve months of jail time. A repeat offender, jail time could range between twelve months and five years.  The accused’s criminal background and the circumstances leading up to the domestic violence act. 

an arrest

How do most domestic violence cases end?

Like any criminal charges, your life will be forever affected and changed. If there are children involved, the accused will be removed from the home, and visitation rights will be denied or supervised.  Because the accused is removed from the home, finding a place to live can be challenging as most places do not allow convicted criminals to live on premises like an apartment. 

The accused’s job may be at risk, and future employment will be difficult to obtain. It the accused is not an American citizen; they may be deported or denied American citizenship and will not be allowed to reenter the country. The accused may lose all rights to firearm ownership or possession as well. 

Once a person has experienced domestic violence, and their accused has been arrested, placed behind bars and removed from the premise doesn’t mean it is over for them. How does domestic violence affect the victim? Survivors of domestic violence face challenging and ongoing effects after experiencing emotional, mental, and physical abuse. How quickly they “bounce” back can vary from person to person, and many never recover. The pain and emotional scars can be everlasting and overwhelming. Each person has a journey to find their strength. Reach out to Double "O" Bonding for bail bonds by dialling 706-353-6467.

Theft Charges in GA

Burglar Breaking Into House And Stealing Television

Learn More About Theft

Theft is a crime that encompasses many types which will provide different penalties and charges dependent on the case. Theft charges may also be different per state so it’s important to familiarize yourself with what is considered a theft in Georgia. As such, theft is something to take seriously as it is considered a crime. In the state of Georgia there will be many types of theft and therefore there will be many different legal penalties and procedures that will be enacted once an arrest has been made. In order to get the help that you need relevant to your case it’s best to reach out to a legal representative for help with theft. Your local bail bondman may also be of assistance to you after an arrest has been made. Before you start to take action with a theft charge, here is some information surrounding theft that may prove useful to you.

What is the definition of theft in law?

Theft in law is a generic term for all crimes where a person will intentionally take personal property of another person without their permission or consent with the intent to convert it to the taker’s use (including potential sale.)

Why is stealing a crime?

Theft or stealing are crimes since they are unauthorized and without the consent of the person something is being taken from. Theft can range in severity under three different cartetogies: larceny, embezzlement and false pretenses. 

What is the most common type of theft?

The most common type of theft is larceny with over 7 million reported in the US each year making up almost 60% of reported crimes. The second most prevalent crime is burglary which is also a property crime.

intrusion of a burglar in a house inhabited

Types of Theft in GA

  • shoplifting
  • theft of services
  • theft of lost or mislaid property
  • theft by deception
  • theft by conversion
  • theft by extortion

What happens when someone presses charges against you for stealing?

Someone may be charged with a crime in general before an arrest is made beyond just the crime of theft. In these cases, a judge will issue a warrant for an arrest while a police officer will try to track where the person is. If the person is located by an officer and arrested the police must give a copy of the warrant which states the charge to the person being arrested.

Is theft a felony or misdemeanor?

Theft is considered a felony or misdemeanor depending on the amount of cash or property stolen. Typically theft of property valued more than $500 is a felony and less than $500 is a misdemeanor in Georgia. Yet in some cases theft of $500 or more can be a misdemeanor or felony depending on the judge’s discretion and the severity of the left.

What defines petty theft?

A petty theft and grand larceny can both be defined as the unlawful taking and carrying away of personal property of another without consent given by that person. 

What is considered grand theft in Georgia?

Grand theft in Georgia can be considered property valued by $1500 or less OR $1500 or more. Which ever it is considered to be will have either a misdemeanor charge (former) or a felony charge (the latter.)

What is theft of services in Georgia?

Theft of services in Georgia is considered deception with the intent to avoid payment for knowingly obtaining services, accommodation, or the use of personal property all of which can only be available with compensation. Convictions of theft of services with the value of property being under $1500 is considered a misdemeanor while $1500 or more is considered a felony offense.

What is the penalty for theft by taking in Georgia?

The penalty of theft by taking in Georgia can be either a misdemeanor or felony. A misdemeanor can have a fine of no more than $1000 and a jail sentence no more than 12 months. A felony will have a prison sentence of no less than one year and no more than ten years. 

Get Assistance With Theft By Getting a Bail Bond

Theft can range in severity depending on the type of theft as well as other circumstances. It’s important that you get familiar with the types of penalties and proceedings that follow after you or someone you know has been charged with the crime of theft. If you or someone you know has been charged with theft consider getting theft charge bail with your local bail bonds company. Theft can range in fines and costs and a bail bond can help with this as only a portion of the bail amount is paid to get out of jail. Await trial at home by getting assistance through a bail bond. If you have any questions get in touch with your lawyer and bail bondmen for more information.

If you need help with theft in Jefferson, GA call 706-353-6467 with Double "O" Bonding!