Robert Rogers Giannini's Answers

What are the requirements needed to get a public defender in the state of Georgia?

I agree with the previous answer. Georgia courts follow guidelines to determine whether someone qualifies for appointed counsel. Just as the previous attorney mentioned, you may be able to get the required application from the clerk's office. However, some courts will make you ask for appointed counsel (or the public defender) when you go to court for your arraignment. Be prepared to explain what your income and expenses are. Many public defenders and appointed attorneys are wonderful....

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What is a technical violation for felony probation

As the previous attorney indicated, a technical violation is where the defendant violates a general condition of probation, as opposed to committing a new offense. Are they saying that they smelled the residue of marijuana or what? If he does not admit any possession or consumption, and if nothing was found and there was no positive drug screen, then I think they will have a difficult time proving a violation. I think he may need to consult with an attorney, especially if he was on first...

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If someone is on probation and plead first offenders and was arrested during a traffic stop held no bond, can they get one?

I agree with the previous answer - you need to hire a lawyer for your loved one. It is sometimes possible to get a bond set in a probation case, but that is not typical. Most judges will only allow that in cases of extreme hardship. In example, I had a case where my client needed expensive surgery. We filed a motion for bond and had a hearing. Although my client was on felony probation for drugs, and had a new arrest for the same thing, the judge who heard the case agreed to give him bond...

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Will a felony conviction in another state show up if employer conducts background check

The short answer is "yes, it most likely shows up." The whole answer is a bit more complicated. When you were booked into the county jail, (which I assume you were), the sheriff reported that booking and the charge(s) to the Georgia Crime Information Center. This caused a criminal history to be opened on you. The record would show just basic information, such as the date of the arrest, the arresting agency, and the charge. The final disposition would not be there yet, of course. If you...

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In Georgia, is it possible to have a first-offense DUI expunged from your record?

The short answer is "no, you are not eligible for expungement." The longer answer is that there is probably very little chance of getting this off of your record. You could possibly attempt to appeal the guilty plea, but Georgia time has limits on these types of actions. Or, you could possibly try to reach an agreement with the prosecutor to reopen the case by consent. I would suggest that you seek a consultation with a Bulloch County defense attorney. There are several very good ones...

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DUI versus Failure to maintain a lane

She needs to consult with an attorney in her area who handles DUI cases. It sounds like she was probably stopped for a lane violation and then arrested for the DUI along with the lane violation. If you truly want your mother to be prepared, then she should consult with 2 or 3 attorneys and choose the one she feels she can trust the most. Also, it is not a bad idea to ask her more discrete friends for a referral. It is very important for her to know that she may face an administrative...

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Nephew was caught with pot. Police want him to work with them to get dealers and will grant him immunity. Can they do that?

First of all, your nephew needs to stop talking. I understand that he wants your advice, but things that he tells you could be used against him. Next, he absolutely needs an attorney, and he needs one right now. Police officers will often promise to help a person out if that person cooperates. But remember that the ultimate decision to prosecute rests with the District Attorney's office, not the police. I am not saying that it might not be in your nephew's best interest to cooperate....

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Can a person be arrested and held in county jail for aggravated assault when no physical contact was made?

Yes, it is possible to be charged with aggravated assault even if there is no actual contact. This charge is punishable by a sentence of one to 20 years. I strongly urge you to find a way to get this young man an attorney. You might want to to call a few different law offices in your area. You may be able to find one who will take the case for an amount you can afford. Have a thorough discussion with the attorney before you pay him/her to make sure you are on the same page.

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Do I get time?

In Juvenile Court you have the right to deny the allegations and demand trial, just as you would in Superior Court, with the exception that the trial in Juvenile Court will be before only a judge (not a jury). I suggest that anyone charged with a crime - even in Juvenile Court - consult with and hire a lawyer. The good news for you is that in most cases in Juvenile Court you will be eligible to have your records sealed later on. There are exceptions, and that is one of the things that you...

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Why are the officers and the system in general harder on individuals who refuse Dui tests

The legislature decided many years back to enforce a harsher license suspension for people who refuse to submit to a breath test. This was done in order to induce more people to blow. The obvious reason being that it is easier to prosecute people if they give evidence against themselves. All of that "zero tolerance" baloney is part of the state of Georgia's public relations campaign and has nothing actually to do with the law. If you and your husband feel he was wrongly arrested I strongly...

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