After getting charged with a DUI, it is important to know what you need to document in order to get the best possible outcome for your case. Watch the short video below & learn specific things you need to document after being arrested for a DUI.
Everyone should prepare for what could happen to them any time by writing a good Will and Power of Attorney for both health care and general legal matters.
A Will is nothing to be afraid of and it doesn’t mean you’re feeling doom and dread. You’re simply being smart to make sure that if something happens to you that your belongings go to whomever YOU select instead of who the State intestate (without a will) laws dictate. You also get to designate who you desire to be in charge of administering the Will’s provisions by designating the executor or executrix. This person is charged with making sure the provisions of your will are followed. A good lawyer can draft your will as simple or complex as you wish and as your estate requires. Don’t put this important matter off until you “feel like you need it” because we never know when our time may come, and you don’t want to leave your loved ones without directions of who you want to leave in charge and to whom your belongings should go.
Power of Attorney (POA, Living Will, Advanced Directive)
A Power of Attorney is often called by various names, as indicated in this section’s title. There are two main types: 1) Healthcare, 2) General legal matters. A POA for Healthcare appoints the person or persons you want to talk with doctors or nurses about your health care in the event you are not able to do so yourself. You also should designate what your wishes are as to the degree of care you want (i.e., as much as possible, regardless of your situation, or nothing-allow nature to take its course and a natural death to follow if necessary, or you may choose a middle-ground of the level of care. Whatever your choice, you should have a lawyer draw up your POA so your loved ones know what your healthcare wishes are and who is designated to communicate those wishes to healthcare personnel. A General or Legal POA is a document that appoints someone to act for you if you are unable or incapable to do so yourself with regard to all other types of matters other than healthcare. For most people, one wants to have a trusted individual in place to act for them in banking, financial, or business matters while they are either incapacitated or for some other reason such as an extended vacation or other time away. A general power of attorney may be as expansive or as limited as one chooses it to be. For instance, one may wish to give a limited power of attorney to a real estate agent for the sole exclusive purpose of a real estate transaction on a certain date, or it may be that you desire a power of attorney over your bank account granted to someone you trust if you find it difficult to manage yourself, or you may authorize a financial planner or stock broker to buy or sell for you. It’s really your wish, prepared at your preference by a lawyer. In most cases, however, it’s a broad document prepared along with a health care POA and Will just in case something happens to you and you need someone to be in charge of your affairs until you get better.
If you are charged with a DUI in the state of Georgia, you have 10 days to challenge the suspension of your license. Watch this video to learn more about ALS, and why you need to contact The Brannen Law Office, P.C. as soon as possible after being charged with a DUI.
After one has been charged with a DUI or DWI, it is important to know what to expect from the court system. Watch this short, informational video on what to expect next after you have been charged with drinking and driving.
If you or someone you know has been charged with a crime, you may be wondering what will happen next. Read on for an idea of what you can expect from the court system’s sequence of events.
The Arrest and Report
After an arrest is made, but before anyone is charged with a crime, the police create an arrest report and forward it to the prosecutor. The report summarizes the events leading up to the arrest and the details of the arrest including the date, time, location, witnesses, etc. Based on this report, the prosecutor can either:
- File a complaint with the trial court, setting forth the charges
- Go to a Grand Jury, present the evidence to them, and ask them what criminal charges, if any, should be brought
- Elect to not pursue the matter
The Indictment Process
The indictment process begins when a person is arrested or cited for a criminal act. The police will then send a report and supporting documents to government attorneys, also known as prosecutors. These prosecutors will review the arrest, the person’s criminal history, and other factors in order to determine what indictment charges should be filed against them. The initial charges are subject to modification and may be changed. The indictment may then be presented to the Grand Jury.
This is your initial appearance before a Judge. At this initial appearance, you will formally be advised of the charges brought against you, and with the assistance of your attorney, enter a plea of “not guilty” and demand discovery, which is all information the prosecutor has in your case.
The Grand Jury
The prosecution can make a decision about the charges that are to be filed. In felony cases, the prosecution will call on a Grand Jury to decide the charges through the indictment process. There are two types of juries that are involved in felony criminal proceedings. The Grand Jury is responsible for the indictment process alone: determining what charges will be officially filed against the defendant. (The petit or trial jury is responsible for judging the guilt of the defendant with regards to the indictment charges.)
Grand juries in Georgia are comprised of at least 16 (sixteen) private, randomly chosen citizens who conduct the indictment process privately. The Grand Jury will be presented with a “bill” by the prosecutor who will present the evidence necessary to secure an indictment. It is the prosecutor who has the ultimate control over the indictment process. Defendants are usually not even aware that the Grand Jury is meeting.
Plea bargaining can happen at nearly any stage in the criminal trial process. A plea bargain is where the prosecution lowers the charge in exchange for a guilty plea. The plea bargain is a sort of negotiation between the prosecution and the defense. The prosecution may realize that they do not have quite enough evidence to make the trial an easy one. By offering a “plea deal,” they can ensure conviction without having to go to trial.
Plea bargaining can work in your benefit if you and your attorney come to the realization that the prosecution may have a good case against you. If you think that a jury or judge may find you guilty anyway, it can make more sense to plead guilty to a lesser charge thereby avoiding the heavier sentence that goes with the more serious charge.
As a former prosecutor for nearly a decade before starting private practice, W. Scott Brannen has extensive knowledge and experience on both sides of the courtroom. Scott Brannen has indicted thousands of cases and has tried over 80 felony jury trials by himself, plus hundreds of non-jury trials and hearings, ranging from small offenses to Aggravated Assault, Burglary, Rape, Child Molestation, Vehicular Homicide, Murders, and death penalty cases, among all other criminal offenses. Whether you have been arrested for a felony, misdemeanor, traffic violation, license problem, or other crime, you can trust that W. Scott Brannen and the team at The Brannen Law Office, P.C. have what it takes to successfully defend you against the maximum penalties of a conviction.