Atlanta Criminal Lawyer Blog

Charges of disorderly conduct were recently dropped by a judge in Cobb County Georgia in a case involving a woman who said "F--- the police" and "police suck" as she rode her bicycle past two officers questioning a burglary suspect. The officers abandoned the burglary investigation and arrested the woman. She was charged under O.C.G.A. § 16-11-39(a)(4) which bars "without provocation" the use of "obscene and vulgar language in the presence of a person under the age of 14 years which threatens an immediate breach of the peace."

The judge found that even though the police testified a child was present, the woman's words were not fighting words. "the police cannot arrest someone for disrespecting them by the use of a curse word."

Even though cursing at the police in this specific scenario was not against the law, I would NEVER recommend that you do such a thing. Even though the woman's charges were dropped, she spent 23 hours in jail with 6 in solitary confinement. She also had to hire a lawyer and stress out for a year until her case was heard.

Continue reading "Attorney Tom Nagel discusses the legality of cussing at the police" »

You've been charged with a traffic violation, city ordinance violation, been arrested for a misdemeanor or felony and posted bond. What happens next?

ARRAIGNMENT
Your first court appearance is called Arraignment. The judge or clerk will make general announcements and explain your basic legal rights. They read each persons name out loud, one at a time. When your name is called, you are expected to enter a plea. The three basic pleas are NOT GUILTY, GUILTY or NOLO-CONTENDERE (NOLO). However, there are many other types of pleas and legal options you may have at that time. You should have your attorney present at the arraignment of your case. Certain legal filings must be done at or before the arraignment.

If you are not sure what to plead, the judge will enter a not guilty plea for you and reset your case for trial. You can also request a reset to consult with an attorney.

NOT GUILTY
If you plead not guilty, your case will be set for a trial. You must decide whether you want a
judge or a jury trial. If you are charged with a city ordinance violation, you may only be entitled to a judge trial. (Also called a "bench trial") If you ask for a jury trial, your case will be heard in the state or superior court of the county where the offense occurred.

GUILTY
If you plead guilty at the arraignment, your case should be concluded that day and you will be sentenced. Your sentence may include fines and fees, probation or jail time, community service, alcohol and/or drug evaluations or other punishments depending on your charges. In many situations you can pay a fine and your case will be completed. However, if you can't pay the fine on the day of court, you will be put on probation. Being on probation involves reporting on a regular basis to a probation officer, paying a monthly fee as well as a portion of your fine and showing proof you are complying with the court's sentence.

NOLO
If a plea of nolo is entered, you are not admitting or denying that you committed the crime you're charged with, but you want to resolve your case without a trial or a plea of guilty. Nolo pleas are discretionary. The judge does not have to accept a nolo plea. If a nolo plea is rejected, you will have to change your plea to guilty, not guilty or another legally accepted plea.

In some situations, a nolo plea will prevent points from going on your Georgia driving record or keep your Georgia driver's license from being suspended. If you have an out of state driver's license, a nolo plea to an offense in the State of Georgia may be treated as a guilty plea in your home state and result in points or suspension of your privilege to drive. The nolo plea has been described as a "guilty plea dressed in a tuxedo" meaning that your fine and sentence is the same as a guilty plea. The offense still goes on your driving record but you can avoid points or suspension in certain scenarios. Please note that for individuals under 21 and drivers with prior offenses, nolo pleas may not avoid points on your record or save your license from going into suspension. Nolo pleas can typically be used once every five years per offense. You should consult with a qualified criminal or traffic defense attorney to determine if a nolo plea will benefit you.

PRE-TRIAL CONFERENCE
In many courts you have the option of requesting a pretrial conference with the prosecutor. This gives you an opportunity to meet with the prosecutor and hear what they are offering as a punishment in your case. You may be able to resolve your case by a mutual agreement. Note however that EVERYTHING you say during a pretrial conference can be used against you at trial or during a plea so you need to be VERY CAREFUL what you say during a pretrial conference. It is STRONGLY advised that you have an attorney represent you at the pretrial conference. There may be a missing piece to the prosecutor's case and you might provide them with the missing piece. Finally, it is up to the judge as to whether or not he or she will accept any agreement you worked out with the prosecutor.

If you don't opt for a pretrial conference with the prosecutor and you enter your plea of guilty or nolo contendere on the day of the arraignment, it is up to the judge to determine your final sentence. In the majority of cases, if you hire an attorney, they can determine ahead of time what your likely sentence will be. That gives you ample time to prepare for court and present your case in the best light possible.

If you resolve your case at the arraignment, the court will give you a waiver of rights form to sign. The waiver of rights form lists your constitutional rights including your right to a jury trial. It also states that if you resolve your case at the arraignment, you will be giving up each and every right that you would have if you took your case to trial.

If you think you will save money by not hiring an attorney prior to the arraignment, nothing can be further from the truth. An experienced criminal defense attorney will research your case and determine what evidence is necessary to prove your case. They can identify defenses that may result in your charges being reduced or dismissed. They will shield you from admitting incriminating facts to the prosecutor ensuring you invoke your constitutional right to remain silent. They will prepare you for court. There are many other options available that your attorney may be able to negotiate on your behalf.

As you can see, there are many things an attorney can do to minimize the damage that can occur when you appear in court. Always consult with an experienced criminal defense attorney BEFORE you go to court.

Continue reading "Atlanta Attorney Tom Nagel explains the Court Plea & Arraignment Process" »

You've been arrested. You hire an attorney and your charges are eventually dismissed. What's next? Google your name and see if your mug shot appears. You might find your book-in photo on one or more of the seventeen different mug shot sites. If your charges were expunged, sealed or you are a juvenile or you were found not guilty, many of the sites will remove your mug shot for free. Otherwise, they will charge anywhere from $35.00 to as much as $400.00 to remove your photo. One site called jailbase.com will not remove your photo. It drops off automatically after 6 months. Several sites will remove your photo at no charge just by requesting it be removed.

The Georgia House of Representatives passed a bill recently dealing with companies that charge fees to remove mug shots. HB 150 states that in certain cases, if a person was arrested and had their photograph taken, it is to be removed within 30 days, free of charge when a written request is made and sent by certified mail, return receipt requested or by statutory overnight mail to the registered agent or principal place of business of the web site. This would apply to certain cases where the information was not to be disseminated to the public or private businesses pursuant to O.C.G.A. 35-3-34; cases that were never forwarded to the prosecuting attorney by the arresting law enforcement agency; cases that were forwarded for prosecution but were later dismissed; cases where the statute of limitations had run; cases that were no-billed two times; after indictment or accusation all charges were dismissed or nolle prossed; drug cases dismissed under O.C.G.A. 16-13-2 and cases where an individual was acquitted of all charges by a judge or jury.

Agencies exempt from this bill would include certain newspapers, magazines, radio and television stations.

Of course this bill would have to be passed by the Senate and signed by the Governor in order to become law.

You can read HB 150 at http://www.legis.ga.gov/Legislation/20132014/132552.pdf

You got arrested for DUI. You pick up your arrest report from the police department. As you read through the report you can't believe it what you are reading. You are in shock. Thats not what happened. The officer is lying! What do you do?

Most police officers are honest hardworking individuals just like you and me. As in every profession, there are bad apples. Most arrest reports are relatively accurate. Some contain exaggerated facts. Some are completely false. They contain language that bolsters the officers case in an attempt to secure a conviction.

The New York Times published an article about a decorated corporal who was doing just this. She was accused of falsifying dozens of arrest over a decade. She accused and arrested many drivers of DUI who were not impaired drivers. Many didn't even drink alcohol. Others were arrested for driving under the influence of drugs but blood tests revealed no drugs in their system. 20 cases alleging marijuana impairment revealed no presence of marijuana in their system.

A group of lawyers filed lawsuits suing the corporal and the highway patrol. Prosecutors were dropping cases made by the officer because of the allegations.

I have personally seen reports that an officer submitted where he merely changed the accused's name, date of birth, address, and identifying information and then submitted the identical arrest report. Those cases were dismissed. I also see many reports that contain "canned language". This occurs a lot in DUI arrest reports.

See below for the link to the complete article. If you have been arrested in the State of Georgia and you believe that you have been falsely accused of a crime, its imperative that you contact an attorney as soon as possible to discuss your case.

Continue reading "Attorney Thomas Nagel discusses police reports containing false allegations" »

Since January 1, 2010, Georgia's Super Speeder Law has been in force. A "Super Speeder" is someone convicted of speeding 75 mph or more on any two-lane road OR speeding 85 mph or more on any other road in Georgia. A super speeder will pay a fine in court as a result of conviction of the speeding ticket. The Super Speeder law imposes an additional $200.00 penalty on top of the court fine although the additional penalty is not paid to the court.

The Georgia Department of Driver Services "GA DDS" is required to notify the convicted driver within 30 days of the date of conviction that failure to pay the imposed $200.00 fee within 90 days from the date of conviction shall result in the suspension of their privilege to drive in the State of Georgia. Failure to pay within the 90-day period results in a suspension of your Georgia license. After suspension occurs, the Super Speeder will be required to pay an additional $50.00 reinstatement fee on top of the $200.00 Super Speeder fee.

Payment of the $200.00 fee prior to the 90-day period avoids suspension of driving privileges.

It's important to stress that all drivers should ensure the address listed on their license is current. DDS will send notice to this address only. It is not a defense that you didn't receive notice of the Super Speeder violation because it went to the wrong address.

The Office of the State Treasury is required to separately account for all the money collected under the Super Speeder Law which was enacted to help fund trauma care in the State of Georgia because there is an average of one death a day that's related to speeding.

A plea of Guilty on a Super Speeder offense does not add any additional points other than the points associated with the speed on the ticket. A plea of nolo-contendere may result in avoidance of points but will not avoid the $200.00 penalty. Pleas of nolo-contendere are within the discretion of each individual judge.

A non-resident driver convicted under Super Speeder who doesn't pay the fee will have their privilege to drive suspended in the state of Georgia. Georgia cannot suspend the license of a driver from another state but it can suspend their driving privileges. The offense will be reported to the driver's home state who would then decide whether or not to suspend their license.

Another city in Cobb County Georgia has passed a law that targets parents and adults who let individuals under the age of 21 consume alcohol. These types of laws are sometimes called "teen party ordinances" or "social host ordinances."

The city of Kennesaw in Cobb county Georgia passed a law last week which makes it a misdemeanor punishable by up to six months in jail or a $300.00 fine in addition to possible civil penalties. The City of Austell in Cobb County Georgia has a similar ordinance. Municipalities and counties in 24 other states have passed similar ordinances.

The law targets parents and adults who knowingly allow individuals under 21 to consume alcohol at their home, but does not punish them in situations where individuals under 21 hold secret drinking parties or when the parents are out of town or out for the evening. The law also applies to older siblings, landlords and tenants who host underage drinking parties.

Interestingly, There are situations in which a parent or guardian can legally furnish alcohol to a child under the age of 21. O.C.G.A. section 3-3-23(c) allows individuals under the age of 21 to possess and consume alcoholic beverages when the parent or guardian gives the alcohol to the individual in the home of the parent or guardian and the parent or guardian is present. The two other exceptions that allow individuals under the age of 21 to consume alcohol is when the consumption is at a religious ceremony or when it is consumed for medical purposes and the alcohol is legally prescribed by a physician authorized to practice medicine in the State of Georgia.

Otherwise, furnishing to, purchase of, or possession by persons under the age of 21 of alcoholic beverages is a misdemeanor generally punishable by up to 6 months in jail and a $300.00 fine or both. Using a fake I.D. is punishable by the same penalties.

There are many things an attorney can do to minimize the damage when representing individuals charged with this type of crime. Always consult with an experienced criminal defense attorney BEFORE you go to court.

Continue reading "Atlanta Georgia Criminal Defense Lawyer Thomas Nagel discusses teen party ordinances laws " »

As a criminal defense and DUI defense attorney in Atlanta, Georgia, many people ask me how to avoid being charged with a DUI. You probably already know the easy answer to that question but what can you really do?

Let me start by saying I have never promoted drinking and driving and I never will. However, it's not against the law to drink and drive unless you are less safe to drive as a result of being under the influence of alcohol or you are over the legal limit as defined by Georgia law. Different rules apply to drivers under the age of 21.

So how can you avoid being charged with a DUI? If you have never been arrested for DUI, you can prevent the chances of that happening by knowing your limits regarding alcohol consumption. There are many ways to do that, but it's a simple calculation based on how much you weigh and how much you drank over a specific period of time. Alcohol consumed over time eventually dissipates out of your system. Once you know how much you weigh and how much alcohol you consumed over what period of time, you can estimate your blood alcohol concentration. For example, a 165 lb. male that consumes four twelve-ounce beers within a one-hour period would have a breath alcohol concentration of approximately .08, which would be in violation of the law. Two twelve-ounce beers in a one-hour period would be approximately .04 and would suggest the person was presumed not under the influence. Different weights of the individual and the time frame in which the alcohol was consumed will affect the concentration. Food and other factors can also affect the alcohol concentration.

You can find alcohol monitoring products all over the web that cost a few dollars up to as much as thousands of dollars. Some are very accurate but others are not. If you consult with me regarding your DUI case, I will provide you with a free drinking/driving calculator.

If you drink, don't drive, know your limits and arm your self with the tools you need to avoid being arrested for DUI.

Video recording the police making an arrest has resulted in many citizens being arrested for obstruction. In most cases, individuals were charged with misdemeanors that were eventually dismissed. In the state of Illinois it was a felony if the microphone was turned on while recording. The U.S. Supreme Court recently refused to review a federal appeals court decision finding that videotaping the police making an arrest was unconstitutional. The federal court held it violated 1st amendment free speech and free press guarantees.

Continue reading "Recording police making an arrest - Is it Legal?" »

You got pulled over by Johnny Law. Now what do you do? It will take a week or so before the ticket is registered into the court system. Many citations can be paid online. However, it will probably show up on your driving record as a guilty plea. If you want to avoid this, you will have to appear in court on the date written on your ticket.

When you appear in court, you will have the opportunity to speak with the prosecutor about your case. Many courts will advise you that the prosecutor is a lawyer for the state and cannot give you legal advice. You need to have your own attorney if you want legal advice. Anything you say when you are discussing your case with the prosecutor can be used against you. If you don't practice law, this is where an experienced criminal defense lawyer can make a significant difference in the outcome of your case. For example if you are charged with speeding 80 mph in a 65 mph zone and you tell the prosecutor you were only doing 72 mph you just admitted you were driving over the speed limit and violated the law. However, if you are represented by an attorney you don't have to worry about incriminating yourself and your lawyer can negotiate a resolution of your case without the risk of admitting you violated the law.

You have many options regarding the resolution of your case in traffic court. You can plead guilty, not guilty, nolo, trial by judge and in many cases trial by jury. How you plead is dependent on the facts of your case. You should consult with an experienced criminal defense/traffic court defense lawyer to evaluate your options.

If you fail to appear in court on the date assigned for your case, the judge will typically issue a warrant for your arrest. The judge can also suspend your Georgia driver's license or privilege to drive in the State of Georgia if you are licensed to drive in another state.

Your driving record is a permanent record that follows you around for life. If you want to keep it clean, your best bet is to seek the advice of an attorney before you go to court to evaluate all of your options.

I am often asked about how to keep points off of one's driving record. In my opinion, the real issue is keeping the charges from going on your driving record alltogether. Once an offense is lodged on your driving record, it stays there for life. Many people think auto insurance companies use the points system to determine there rates. They do review your record, but they are more concerned with the offenses that show up versus the points for an offense. For example, A DUI conviction has no points associated with it because it carries an automatic license suspension. You can be sure they will hold it against you even though no points are associated with it.

In the State of Georgia, if you are convicted of a driving offense, points will be added to your record. If you accumulate 15 points in a two year period, you will be subject to a suspension of your license. Georgia Code Section 40-5-57 lays out the points system. Different rules apply if you are under 21 or under 18 years old. If you are under 21 and are convicted of a traffic offense that carries 4 or more points, a licenses suspension will occur. If you are 18 or under, the accumulation of 4 points will result in a license suspension. That means two 2-point offenses will result in a license suspension.

Some people think driving offenses "come off your record" after a certain period of time. This is not true. Everything stays on your driving record for life.

In many cases, a driver may be over-charged or not charged with the correct offense they committed. In these cases I can negotiate with the prosecutor to have your charges modified, reduced or even dismissed. This makes a big difference when it comes time to renew your Georgia auto insurance.

In these times of economic uncertainty, most people charged with violations of Georgia traffic law believe its too expensive to hire an attorney to represent them in traffic court. Don't be penny wise and pound foolish. An experienced traffic court attorney will be able to preserve your good record which will save you handsomely in the long run.

Continue reading "Georgia Drivers Licenses Suspension & Points System" »

Basic Rules of Court Conduct

If you have been ordered to appear in court, this blogpost will provide important information that will assist you before your appearance. This information does not constitute legal advice. If you require legal assistance, please consult an attorney.

When Appearing in Court

· Be on time
· Throw away gum, food, and drinks before entering the courthouse
· Stand when the judge enters and leaves the courtroom
· Stand when you are speaking to the judge
· Speak clearly when you respond to the judge's questions
· Always address the judge. If you are unsure of what you heard, wait until the judge or other person speaking at your hearing has finished talking before asking a question
· Enter and leave the courtroom quietly, so you do not disturb others
· Only approach the bench when instructed to do so

Dressing for Court

If you are appearing in court you should dress nicely and in a manner that shows respect for the court.

Here are some things you should NOT wear:
· Hats inside the courtroom (except those worn for religious purpose)
· Sunglasses
· T-shirts depicting violence, sexual acts, profanity, or illegal drugs
· Tube or halter tops/plunging necklines/midriffs
· Ripped or torn jeans
· Mini skirts or shorts
· Baggy pants that fall below the waist
· Muscle shirts (usually worn as undergarments)

If you are not dressed properly, you will be asked to leave the court and return at a later date. This will delay your hearing and require you to appear in court more then once.

Prohibited Item

Items that should NOT enter the courthouse:
· Weapons of any kind
· Electronic equipment such as video, voice recorders or cameras (unless approved by the court)
· Food, beverages, chewing gum and tobacco

Children in the Courtroom

Please do not bring children to court unless the court has ordered them to be present. Many topics discussed in the courtroom are not appreciate for children and may be hurtful or confusing. Please arrange for a friend or relative to watch your child(ren) while you are in court.

Cell Phones and Pagers

The use of cell phones are not allowed in the courtroom. Your cell phone or pager must be turned off before entering so that you do not disrupt the court. If you are required to carry a phone or pager for business purposes, it must be placed on silent mode.

Security Precautions

Before entering the court you must go through a security checkpoint. In most cases, you will be asked to walk through a metal detector or an officer will use a wand to check for prohibited items. You should allow the officer to search any bags, packages or personal belongings that will be taken in to the courtroom. If you refuse to cooperate, you may be denied entry to your hearing.

Respect

The courtroom is a place of order and structure. You should at all times act in a respectful manner when in the presence of the judge, court staff, attorneys, court officers and other persons attending court. Once the court has made a ruling in your case, continue to be respectful as you exit the courtroom. Attempts to disrupt the court once the judge has made a ruling may result in jail time.

Frequently Asked Questions

What time is my hearing?
If you have question about your case such as the time or date of your hearing, you can contact the court clerk's office for assistance. You may also ask for directions to the court and the courtroom that you should appear.

What if I need special assistance?
If you have a disability, speak another language, or require special accommodations in the courtroom, please call before your hearing to allow the court tine to properly assist you.
What should I do if I cannot appear at my hearing?
If you are not able to appear in court, contact the court clerk a least 48-hours before your scheduled hearing. If you do not appear at your hearing and fail to notify the court, a warrant may be issued for your arrest in criminal cases. You should also keep in mind that a judge may make a ruling in your case without you being present, such as civil matters like a divorce hearing.

Continue reading "Atlanta Criminal Defense Attorney Thomas Nagel Discusses the General Rules of Court" »

Thomas C. Nagel Atlanta, Georgia Criminal & Traffic Defense Lawyer

People ask me every week if they need a lawyer for their upcoming traffic court case. If you have a conviction on your driving record within the last three years, you should always consult with an experienced criminal defense traffic court lawyer. Even if you have a perfect record, you should strongly consider consulting an experienced traffic court attorney to represent you in your case. Once you have a record you no longer have the benefit of a being a first offender.

Georgia CDL license holders and drivers of company vehicles should always consult with a lawyer prior to attending court. This is because insurance companies scrutinize the driving records of these drivers. Insurance companies use your Georgia driving record to determine what insurance rates you or your company pay. They typically look back three years when determining your insurance rate.

There are situations where you don't need an attorney to represent you in court. Call me to discuss your traffic ticket and find out if it would be beneficial for us to represent you in your case.

Attorney Thomas C. Nagel has been representing clients charged with Traffic Violations for over 20 years. If you have recently been charged with a traffic violation, Call us NOW. Our goal is to keep your record clean!

We regularly represent clients in Fulton County, Cobb County, Dekalb County and Gwinnett Counties as well as all cities in each county. We regularly appear in Sandy Springs Municipal Court, Roswell Municipal Court, Marietta Municipal Court, Atlanta Municipal Court, Dunwoody Municipal Court, Alpharetta Municipal Court and Smyrna Municipal Court.

Depending on the facts of each case, you will have several options. My initial consultation will lay out each option. Plain language, case strategy, education of the law and reasonable fees. I will help you resolve your legal problems. Don't wait any longer. You need to be well prepared for court.

I will help you get your Georgia Drivers License or driving privileges restored. In many cases I can get your charges reduced and even dismissed. That means getting your license back and avoiding harsh penalties, jail time and further suspension of your driving privileges.

Continue reading "Traffic Court Tickets - Why should I hire a lawyer?" »

License Suspensions and Reinstatement in Georgia

I get many calls regarding license suspension cases. Many times the suspension of driving privileges could have easily been avoided. For example, failure to appear in court for a traffic citation will result in your Georgia driver's license or privilege to drive in the State of Georgia being suspended. Another example involves pleading nolo contendere (Nolo) to a first offense possession less than an ounce of marijuana. Failure to complete a Georgia DUI risk class within the time prescribed by law will result in suspension of driving privileges in the State of Georgia.

Drivers under the age of 21 have a different set of rules. Children under the age of 17 must appear in juvenile court with a parent or guardian to answer to these charges.

Penalties for a first offense driving on a suspended license and driving without a license are harsh. Mandatory minimum $500.00 fine, 2 days in jail and an additional 6-month suspension of driving privileges. Second offenses within a five-year period are punishable by a mandatory $1000.00 fine, ten days in jail and additional 6-month suspension.

Over the last 20 years, I have learned that in many cases, license suspensions can be avoided. When charged in the State of Georgia with the offense of driving on a suspended license or driving without a license, your case can be resolved avoiding mandatory jail time and additional suspension of your driving privileges.

If you have been charged with O.C.G.A. 40-5-121 Driving on a suspended license or driving without a license in the State of Georgia, you need to be represented by an experienced traffic court defense lawyer. Having experienced counsel during this critical period is essential.

Continue reading "Georgia Drivers License Suspension & Driving without a license" »

After the recent DUI arrest of a mother in Roswell, Georgia, MADD is looking to change the law regarding DUI when an individual is arrested for DUI and children are in the car at the time of arrest. Currently under Georgia law, if you are transporting a child UNDER the age of 14 while DUI you are subject to misdemeanor punishment of up to a $1,000.00 fine and 1 year in jail for a first or second offense. A third or subsequent offense is a Felony subject to a $1,000.00-$5,000.00 and 1-3 years in jail.

MADD wants to change the law in Senate Bill 13 to make a second offense DUI with a child in the car a felony with the additional requirement for police to notify DEFACS. Although MADD lobbyists have been successful over the years pushing for changes in Georgia DUI law, in my opinion, Senate Bill 13 will not go through as the law was recently changed to make a fourth offense DUI in a ten year period a felony.

If you have been charged with DUI and child endangerment, you need to know what you are up against when you go to court. Special rules regarding suspension of your Georgia Driver's License apply. Before you face the judge, call me to discuss your case today.