Category: Criminal Records

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]If you have a loved one or friend that has been arrested, you probably have many questions about what to expect over the next few days.

First, when a person is arrested, your ability to contact them will be extremely limited – if you are permitted any contact at all. After a person is arrested and brought to the city/county jail, the arrested individual will be booked into the jail – the jail processes the person in, gathering the person’s name and address. During this time, the arrested individual will be prevented access to outside people for security purposes. After booking, he or she may be afforded a phone call (if he or she hasn’t been permitted to make one already).

After booking, a determination will be made about whether or not a defendant will receive bond. Bond is the amount of money that will be paid to the jail for a person to be released. That determination is dependent upon what charge(s) your loved one received.

For many charges, such as Driving Under the Influence (DUI), Driving With a Suspended License, Possession of Marijuana, and Shoplifting, most jails have a preset bond amount, meaning that, very soon after booking, there is a known amount of money that can be paid to the jail to release that person from the jail. This amount has already been established for particular offenses. For example, if a person were to receive a charge of Driving Under the Influence in Peachtree City, Georgia, the Fayette County Sheriff’s Department has a bond amount that is assigned to every Driving Under the Influence case that comes into the jail. A simple phone call to the jail will tell you that amount upon an arrest.
However, for some cases, such as serious felonies, only a judge can set bond. In those cases, the person has to be brought before a judge for a judge to set bond. This is done at what is known as a First Appearance Hearing, which typically takes place the first morning after a person is arrested, or, if a person is arrested over the weekend, on Monday morning following the arrest. At the First Appearance Hearing, the individual who has been arrested is informed of what he or she is charged with and the judge makes a bond determination. Sometimes, individuals are denied bond based upon the seriousness of the offense or the person’s criminal history. Other times, the judge imposes conditions of bond – conditions that the person must abide by to continue to remain out of jail until court. For example, if a person is charged with Family Violence, the judge may set a condition that a person have no contact with the alleged victim of the family violence event.
Once bond is sent, whether preset or by a judge, bond can be posted to release that person from jail. Bond can be posted in several ways – pay the entire amount, hire a bonding company, or post real property in lieu of bond if you own sufficient equity in said property. For example, if a person is charged with Possession of Cocaine, and the bond amount is $5,000.00, that person can be released from jail with a payment of $5,000.00 (plus processing fees) to the jail, or by posting real property (i.e. land) in lieu of bond. Most times, people hire a bonding company. Bonding companies will post a bond on behalf of an individual for payment of a percentage of the bond. So, for a $5,000.00 bond, a bonding company may charge a fee of $500.00 for that company to pay the $5,000.00 to the jail on behalf of the individual.

There are many other events that happen after a person is arrested and the bond determination is made. That is where attorneys come into the picture. It is absolutely vital to consult with a criminal defense attorney as soon as feasible after an arrest is made. An experienced criminal defense attorney is extremely familiar with the arrest and bond process. An experienced criminal defense attorney can appear at a First Appearance Hearing to help argue for bond. Additionally, an experience criminal defense attorney oftentimes can visit and communicate with your loved one while he or she is detained much faster than you can.

The criminal defense attorneys at Brown, Barbour, & Thrailkill, P.C., have years of experience defending persons charged with crimes. We are intimately familiar with the process once a person has been arrested, and we are standing by to assist if your loved one has been arrested. Give us a call today at 770-461-2025 to schedule your free case evaluation. We look forward to assisting you and your family.
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Do you have a criminal record? Is it hampering your job opportunities? Or do you just want people to not be able to see it? Whatever your reason, you may be eligible to have what Georgia calls a Record Restriction.

Having a potential employer discover an isolated incident that happened years ago in your youth can be a terrible occasion. First, you may not even get the job, but, if you do, you still will know that your employer knows you did what you did so long ago. Who wants to go through that?

In certain scenarios, you may be able to have your record restricted (what everyone usually calls expunged).

But, first, if you were convicted of Driving Under the Influence, don’t get your hopes up. Absent reopening that case (which is incredibly difficult and must be done within a short time of the case being concluded), Georgia law does not provide for the restriction of a DUI arrest/conviction. However, if you were found not guilty of the DUI, and the arrest is still showing on your record, you may be eligible to have that arrest restricted.

Second, if you were under 21 at the time of your case, you might be eligible for record restriction in Georgia. Likewise, if you completed a pretrial diversion program, you may be eligible to have that arrest restricted.

Next, Georgia recently passed a law allowing people to be adjudicated as a Retroactive First Offender. Under old Georgia law, if you entered a guilty plea to anything, you were not eligible to have your record restricted. However, depending on certain circumstances, if you were convicted of your charge(s) in the past, you might be able to apply to have your case discharged – which means that your conviction will not appear on your criminal history.

Finally, even if you are not eligible to have your record restricted or to be adjudicated a Retroactive First Offender, you are not totally out of options. You may be eligible for a pardon or to have your firearms rights restored.

A careful examination of your criminal history (which can be obtained at any Georgia Sheriff’s Department for a small fee) and of your court paperwork (which can be obtained at the courthouse for a small fee) will allow us to determine if you are eligible for record restriction. The attorneys at Brown, Barbour, & Thrailkill, P.C., will look at all of your paperwork and advise if restricting your record is a possibility for you. Call today at 770-461-2025 to schedule a free consultation. We look forward to helping you with your record restriction.