Bob Giannini’s Answers

Bob Giannini

Atlanta Criminal Defense Attorney.

Contributor Level 11
  1. Is it better to try to plea to reckless driving or try for a jury trial and possibly go through the "super speeding law"

    Answered over 1 year ago.

    1. Bob Giannini
    2. Ethan Patrick Meaney
    3. Troy Windel Marsh Jr.
    4. Christopher Irvin Simser
    5. Andrew Jared Richman
    5 lawyer answers

    Reckless driving has become by convention the most common offense that DUI's are reduced to, when they are reduced in Georgia. While it is possible that through negotiations the charge could be reduced to something else, that happens fairly rarely (although it does happen). Most prosecting and defense attorneys view a reduction from DUI to reckless driving as somewhere between a compromise and a defense victory. Basically all the super speeder law does is add an extra $200 fine. I suggest...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How long from the date you get pulled over for a dui until the ramifications start affecting you?

    Answered about 1 month ago.

    1. Michael D. Litman
    2. Jeffery L. Greco
    3. Michael Evan Greenspan
    4. Clifton C. Carden
    5. John Joseph Brosnan
    6. ···
    12 lawyer answers

    I agree with Mr Litman. Get an attorney. Many states have automatic suspensions that take place if you do not act quickly. Don't put it off until your court date. Get a lawyer. Mr Litman could probably refer you to one in your area of the state,

    11 lawyers agreed with this answer

  3. How to avoid jail time?

    Answered over 1 year ago.

    1. Benjamin Von Schuch
    2. Bob Giannini
    3. James Donald Garrett
    4. Andrew Jared Richman
    5. James Lawrence Yeargan Jr.
    5 lawyer answers

    You can ask the court to appoint a lawyer to you. Also, you can be proactive and do some things to show you are taking this seriously, such as the Risk Reduction Program (akd "DUI School"" and getting a drug & alcohol dependency evaluation (aka "A&D eval"). Make sure you dress nicely and act with respect towards the Court personnel. You really should try to get an appointed attorney if you can not afford one.

    9 lawyers agreed with this answer

  4. Why do Cobb County lawyers not want to represent a 64 year old woman that claims to be inocent of agrivated assult.

    Answered over 1 year ago.

    1. Troy Windel Marsh Jr.
    2. Bob Giannini
    3. Noah Howard Pines
    4. James Donald Garrett
    4 lawyer answers

    From my experience there are two main reasons that reputable attorneys will not take a case in their usual practice area: (1) Because they can not find common ground with the client on how the case should be handled, and (2) they can not get paid the fee they feel is appropriate. I do not know the particular reasons in this case, of course. But, there are plenty of very good lawyers in the greater Atlanta area. You might pay a smaller fee to an attorney for the express purpose of meeting...

    8 lawyers agreed with this answer

  5. Do you have to be read your rights when placed under arrest?

    Answered over 1 year ago.

    1. Bob Giannini
    2. John Arnold Steakley
    3. Lee William Fitzpatrick
    4. Troy Windel Marsh Jr.
    5. Anthony Michael Solis
    6. ···
    6 lawyer answers

    Generally speaking, no. The police have no requirement to read your rights to you when they place you under arrest. This changes, however, if they decide that they want to question you after they have arrested you. If they want to question after you have been arrested (or detained to the point that it would equate to an arrest) then they have to read you the Miranda rights before questioning. If not, then what you say in response to their questions can not be used against you at trial....

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What does one have to do to obtain materials from DISCOVERY during the state case? POST CONVICTION

    Answered over 1 year ago.

    1. Bob Giannini
    2. Christopher M. Patterson
    3. Mark Allen Yurachek
    4. Anthony Michael Solis
    4 lawyer answers

    I agree with Mr Patterson that the first thing you need to do is find an attorney for the post-conviction phase. Time is of the essence. There are deadlines for certain types of appeals to be filed. A good attorney will know where to look to try to gather the information. But, if you want to keep digging on your own, you could try: the old attorney - even if disbarred he may still have the file; the clerk of court's file will have some information; the prosecuting attorney's office will...

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  7. Will I lose my licence fail to report striking unattended vehicle?

    Answered over 1 year ago.

    1. Bob Giannini
    2. Zachary Walter Procter
    3. Benjamin Von Schuch
    4. Paul Jonathan Sieg
    5. James Lawrence Yeargan Jr.
    5 lawyer answers

    Georgia DDS does not suspend regular (class c) drivers licenses for failure to report striking unattended vehicles. However, this charge is sometimes incorrectly charged with as "hit & run," which does suspend a drivers license. Remember that the judge can still issue a court ordered suspension as a condition of probation,and the DDS is required to honor that. I would suggest you consult with a lawyer privately.

    6 lawyers agreed with this answer

  8. First time offender georgia.....will this affect my job search

    Answered about 1 year ago.

    1. Bob Giannini
    2. Daniel Ray Partain
    3. George F. Mccranie IV
    4. Scott Andrew Kent
    4 lawyer answers

    You will have a harder time if you don't finish school. Keep up the good work. Education is the best thing you can do to counteract the arrest on your record. I graduate degree would help even more. Many people use the First Offender Act and never get in trouble again. You are not alone. Also, start networking now. Join clubs or associations in your community or that are in your field of study. And, when it comes time to look for a job, do not fall into the trap of just mailing out...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Need Lawyer Advice/Car -Tractor Trailer Accident

    Answered over 1 year ago.

    1. Donald F. Hawbaker
    2. Fareesh S. Sarangi
    3. Troy Windel Marsh Jr.
    4. Bob Giannini
    5. Christian K. Lassen II
    5 lawyer answers

    If a lawyer won't even let you say what you feel you need to tell him, then be glad you did not hire him. And, by the same token, make sure you listen to what the lawyer has to say when it is his time to talk. That way you can learn what he knows and learn about him as well. If you are going to either hire a lwyer or try to do this your self, I would suggest that you get started soon. There are time limitations and athere is the problem that memories will fade. Good luck.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How much time will I do if I violate felony probation and get charged with dui

    Answered over 1 year ago.

    1. Bob Giannini
    2. James Lawrence Yeargan Jr.
    3. Troy Windel Marsh Jr.
    3 lawyer answers

    So much depends on the judge, the PO, and your lawyer. But, remember, if the PO alleges that you have violated probation by committing a new offense, he or she has to prove that. Keep in your mind the difference between proof that you were charged with a new offense (which is enough to start the probation violation process only), and proof that you actually committed the new offense (which is required for a finding that you violated probation). There are essentially three ways that the PO...

    5 lawyers agreed with this answer

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