BYRON GA DUI LAWYER - BYRON GA DUI ATTORNEY
Our Byron DUI Attorneys have been handling DUI cases for over 50 combined years. We use that experience to help negotiate reduced sentences and get cases dismissed for our clients. We understand that a DUI arrest can be overwhelming, and you may think that you don't have options. You always have Georgia DUI defenses available to you! Call us today for a free case evaluation and see how we can assist with your case.
30 Day Warning
If you have been charged with DUI in Byron Ga, you only have 30 days to save your license from being suspended. You can either submit a request for an Administrative License Suspension (ALS) hearing or install an ignition interlock device on your vehicle. No decision should be made without first consulting with an experienced lawyer. A failure to request a hearing or install the device within 30 days will result in a suspension of your Georgia driver's license.
Rights in a Byron GA DUI Case
Many people make the mistake of thinking that they do not have any rights when arrested for a DUI. However, you have rights throughout the entire process, from the initial arrest to even appealing the decision.
Right to Due Process:
Both the Fifth Amendment and the Fourteenth Amendment provide that that government cannot take a person's life, liberty, or property without due process of law. This means that you must be given a hearing before you can be convicted. Due process is all about fair procedure and process. There are numerous ways your due process rights can be violated during a DUI case in Byron GA. That is just one of the reasons why it is critical to hire a DUI Lawyer in Byron Ga.
Right to Discovery:
You have the right to request the evidence against you. If you file a motion for discovery, the State must disclose evidence, whether it is material to your guilt or innocence. In felony cases, full discovery is required, but it is limited in misdemeanor cases. In misdemeanor cases, discovery does not require the State to produce police reports, crime scene photos, the victim's criminal history, repair records for property damaged, or copies of 911 calls.
Right to Knowing Witnesses:
A person charged with a crime in Georgia has the right to request a list of the witnesses on whose testimony the charge is based on.
Right to a Trial:
The Sixth Amendment grants criminal defendants the right to a jury. However, if you plead guilty, then you have waived your right to a trial. For misdemeanor DUI cases in Byron, Georgia, you have to right to a jury trial of 6 jurors. For a felony charge, there are 12 jurors. It is important to note that only the accused can waive the right to a jury trial, not his or her attorney.
Right to the Presumption of Innocence:
“Innocent until proven guilty” is the foundation of the administration of criminal law. You enter the trial with this presumption until and if the State overcomes it with evidence sufficient to convince the judge or jury that you are guilty beyond a reasonable doubt. However, if you plead guilty, then you are convicted as if you went to trial.
Right to Testify and Present Your Own Evidence:
You have the right to testify if you so desire. However, it is important to speak with a Byron GA DUI Attorney first because testifying also has risks. When you testify, the State now has the opportunity to cross-examine you. Many people want to share their side of the story but are scared of what the State will bring up or what they will say on cross. Contact one of our lawyers today if this applies to you.
Right to an Attorney:
Under the Sixth Amendment of the Constitution, you have the right to be represented by an attorney during criminal prosecution. This also includes the right to an attorney of your choosing. However, there are some limitations to this right. The court can disqualify the attorney you chose if there is a conflict of interest, if they are not a member of the bar, or if the attorney declines to represent you. Additionally, if you cannot afford the attorney you desire, the court can appoint one for you.
Right to Remain Silent:
The Fifth Amendment to the Constitution gives people the right to remain silent. Essentially, this means that no person shall be compelled to provide self-incriminating testimony. This right applies in a couple of different situations. First, it applies if the police interrogate you. You can indicate your desire to remain silent. It also applies during a trial. The State cannot force you to testify against yourself.
Right to Appeal:
Even if you think you have no options after a conviction, you still have the right to appeal. This right is given to defendants under the Georgia Appellate Practice Act of 1965. While you can appeal, the issues you can raise are limited. Your claims are usually limited to ineffective assistance of counsel, defective plea procedure, and illegal sentencing. You have six months to appeal a conviction for a misdemeanor traffic offense in Georgia.
If you have been convicted of DUI and think your case should be appealed, contact one of our Byron GA DUI Attorneys today.
Byron GA Municipal Court
If you were arrested for DUI, another misdemeanor traffic offense, or a city ordinance violation within the city limits of Byron, your case will proceed to Byron Municipal Court. The Honorable Laurens C. Lee is the Municipal Court Judge, and Velma K. Ervin is the Court Clerk. Donna Culpepper is the Solicitor. Court is held at the Byron Municipal Complex at 401 Main Street, Suite 266, Byron, GA 31008. For more information, call (706) 783-4552.
Map to Byron GA Municipal Court
For more information about your rights during a Byron GA DUI case, contact us today. We are here to protect you and your rights from the very beginning. If you fail to assert these rights, then they are waived. If you have any questions, our attorneys are here for you 24 hours a day, 7 days a week. We have over 50 combined years of DUI Defense experience, so let us demonstrate how we can help in your case today. Call now.