Atlanta Criminal Attorney
Frequently Asked Questions
- A police officer has just walked up to me or my loved one, what rights do I have?
- I have just been told I am “under arrest”, what does that mean?
- We have never been through this before, what is really going on?
- What is a bond and how can I get one for my loved one?
- What is a bond and how can I get one for my loved one?
- Is it worth getting a lawyer for a preliminary hearing?
- If my loved one is guilty, what difference will a lawyer make?
- How can we afford an attorney, aren’t they expensive?
- How long does it take, when will all this be over?
- How can we hire you and your firm?
Q. A police officer has just walked up to me or my loved one, what rights do I have?
If an officer gives you certain instructions, or is trying to procure basic information, you must comply. Aside from providing basic information, name, address, social security number, etc, you do not have to remain and be questioned by an officer. More importantly, you cannot be questioned unless you have voluntarily given up your rights or consented to being questioned by the officer without an attorney and understand what you are giving are your rights. Understand, the officer isn’t going to tell you this, it’s not his job. You must clearly and affirmatively request a lawyer. Do not mince words and make it clear that you don’t want to answer any questions without the assistance of a lawyer. Remember, at this stage, you cannot talk your way out of being arrested, you can only hurt yourself by running your mouth.
Q. I have just been told I am “under arrest”, what does that mean?
When you are arrested, you are taken into custody by some law enforcement official and you are not free to leave. Your freedom has been curtailed. When you have been arrested, the officer, or other law enforcement official has witnessed a violation of the law or believes there is sufficient probable cause to believe there has been a violation of the law and has taken you into custody for that violation.
Q. We have never been through this before, what is really going on?
There is no need for alarm. For most families, this is their first involvement with the criminal justice system. What is going on is that your son, daughter or loved one has been charged with violating one of the many laws of this great State or violation of Federal law. In very general terms, there is an overall procedure that must take place. The first thing that has occurred is that your loved one was arrested. After the arrest, within a designated amount of time, there is a first appearance hearing. At this brief hearing, your loved one’s identity is confirmed, they are informed of the charges against him or her and in some situations, depending on the offense, a bond is set. Next, there is a preliminary hearing where if probable cause is established; the matter is bound over to the next level of court. Also at this time, a bond can sometimes be set or reduced. Following this, there is an arraignment where your loved one is put on formal notice of his or her charges and a plea is entered (most times “not guilty’). After arraignment there is a period for “discovery” and investigation of the allegations, followed by a calendar call and ending with, if necessary, a trial. Remember, the timeframes between these events varies from jurisdiction to jurisdiction.
Q. What is a bond and how can I get one for my loved one?
A bond is an assurance made to the Court that the charged individual will appear for all scheduled hearings and necessary appearances. The bond is usually in the form of cash or property that is placed with the court or some surety to assure appearance. Once a bond amount is determined, that amount can be paid or placed with the sheriff and is refundable upon the conclusion of the matter. Should an individual fail to appear for required court date, that bond is forfeited and a warrant is issued for that individual’s arrest. As bonds can be very high, there are agencies available who act as sureties to ensure your loved one’s appearance, these are called bonding companies. Typically, bonding companies accept a percentage of the overall bond plus fees from you and then act as sureties for the release of your loved one. Be aware, when you use the services of a bonding company, the money you pay them (about 12% plus fees) is usually non-refundable. Also, if no one posts a bond for your loved one, he or she will have to remain in jail until the resolution of their criminal charges.
Q. Once my loved one is out on bond, does that mean this is all over?
No, as a matter if fact, it is all just beginning. The formal process of criminal prosecution is begun. Though your loved one may be our of custody during this time, the charges still have to be addressed and resolved.
Is it worth getting a lawyer for a preliminary hearing?
Absolutely, not only is this the first opportunity for your lawyer to get the facts concerning your loved one’s charges, but it is also an opportunity to get the charges dismissed. Though this does not happen often, it does happen. Also, your lawyer will be given the opportunity to question the arresting office and find out more information concerning the charges. Remember, it is always best to get an attorney involved as early as possible; the more you know, the better the representation for your loved one.
If my loved one is guilty, what difference will a lawyer make?
We all have rights and protections afforded by the Constitution. A lawyer can not only protect these rights but ensure that your loved one receives the least punishment necessary. More importantly, if your loved one is not guilty, a lawyer can do the kind of research and investigation necessary to prove this. The lawyers are Kaine & Jones, LLC are experienced in not only protecting the rights of the accused, but also defending the wrongfully accused.
How can we afford an attorney, aren’t they expensive?
The real question is “What is the cost of your loved one’s freedom?” here at Kaine & Jones, LLC we will work with you to best fit your legal needs. Once accepted, every case is signed by contract and we accept all major credit cards.
How long does it take, when will all this be over?
The wheels of justice grind slowly. Every jurisdiction has its own time frames that’s why it is important to get a lawyer and bond your loved one out as quickly as possible. Some cases in some counties can drag on for months or even years.
How can we hire you and your firm?
All it takes is a phone call. You may contact the firm at 404-734-1002 and one of our assistants will be able to immediately help you and your loved one. BUT YOU MUST CALL TODAY, the sooner the better.
Call us today
888-KAINE-JONES
(888-524-6356)