Are roadblocks legal in Georgia?

With New Year’s Eve tomorrow, there will surely be an increase in roadblocks or “safety checkpoints” on Georgia’s roads.  Quite a few citations and arrests can and will occur as a direct result of these roadblocks, including DUIs, warrants, and other traffic violations. 

Recently, I was asked if it is legal to be stopped at a roadblock.  Georgia Courts have held that there are four factors that need to be satisfied to be a legitimate roadblock.

1.    The decision to have a roadblock has to have been made by a supervisor.  A regular traffic officer or trooper cannot decide just to start stopping everyone on the road whenever he or she feels like it. 

2.    All vehicles must be stopped.  This prevents profiling or singling out any particular group or type of vehicle.

3.    The delay must be minimal.  Keep in mind that you personally believe is minimal is irrelevant; it’s what the judge believes to be minimal.

4.    The roadblock must be easily identifiable as a roadblock to passersby. Usually there will be traffic cones, flashing lights and signs indicative of a roadblock.

Now, whether you believe that the roadblock you are in line for is legal or not, it’s in your best interest to comply with the officers. Leaving a lane to avoid a roadblock or backing up or making a u-turn in sight of an officer conducting a roadblock will only raise officer’s suspicions that you may have something to hide, thus eliminating having to prove the roadblock was valid in the first place.

Avoiding a roadblock because you believe it was illegal will not be a defense in court. However, a competent, experienced defense attorney may be able to show that the roadblock was illegal, based on the facts involved in the case and the reasons for the roadblock and could help have evidence gathered against you thrown out.

If you’ve been charged after being pulled over in a roadblock, call us at 678-609-8724 or contact us online to schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom.

How do I expunge my record?

I have been asked by defendants whose cases were dismissed what to do next? What most people don’t realize is that once a person is arrested in the State of Georgia and entered into the Georgia Criminal Information Center database (GCIC), they have an arrest record, which will follow them for the rest of their lives even if their case is dismissed.

The only way to get that arrest off of your record is to request that it be expunged. An expungement will remove a charge from your record which is helpful when applying for work or college or a variety of other things that may require a background check.

You can only have your arrest expunged if your arrest results in any of the following:

1.    Your case has been dismissed by the court

2.    You have completed a pre-trial intervention program

3.    Your case was never accused after two years.  This means you were arrested and bonded out but the prosecutor’s office never filed charges against you to appear in court (they have two years to do this).

4.    In some cases, if you are convicted of a misdemeanor prior to turning 21

If your arrest did not result in any of the above, which means you were convicted (found guilty) or either plead guilty or nolo contendere (no contest), it is very unlikely that you can get the arrest/conviction expunged from your record.

The law in Georgia regarding expungements has recently changed.  Certain cases dismissed after July 1, 2013 are automatically expunged or record restricted (the new term for expungement). If your case does not fall under this new law, then you need go through an application process which is very time sensitive and complicated. Contact an experienced criminal defense attorney who is familiar with the expungement/record restriction process to help complete the process.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What is Small Claims Court?

Previously I have blogged about being sued by a creditor who is attempting to recover debt you owe (i.e. past due credit card debt). But where does that lawsuit get filed and ruled upon? For the most part, these cases are filed in Small Claims Court, also known as Magistrate Courts. Small Claims courts are specially designated courts whose only jurisdiction is to hear civil disputes between private parties, valued at less than $15,000.

Examples of cases heard in Small Claims Court are landlord-tenant disputes (including eviction proceedings), disputes between merchants and customers as well as other financial disputes between two parties. The benefits of using this type of court to the plaintiff are the low cost of filing ($45-55) and usually a speedier resolution than a higher civil court.

As with most other courts, in Small Claims Court, both parties are given the opportunity to present their side of the issue and it is ruled upon by the judge. There are no jury trials in small claims court.  If the plaintiff wins, they are given a judgment that will allow them to start the process of collecting the debt from the defendant.  The post-judgment collections process could still be long and difficult, but it has to start with a judgment in favor of the plaintiff.

Generally the plaintiffs in these cases are businesses and are represented by lawyers. Defendants are generally the debtors (people who owe debt).   While to many people, it may seem unnecessary to hire a lawyer for something called "Small Claims" Court, it is a wise idea. This court follows the same rules and standards as any other court including evidentiary rules, which are guidelines of what types of evidence are admissible and cross examinations.  As such, it is highly recommended you seek experienced counsel before filing an answer or reporting to court for your hearing.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What is probate court?

A probate court is a specially designated state court whose main responsibility is the distribution of assets in an estate. Among the functions of probate courts are:

1.    To certify the validity of a will.

2.    To enforce provisions in a will.  This means that the court is responsible for ensuring that the wishes stated in a will are followed.

3.    To require that the executor account for how the assets have been distributed, in case a question arises.

You may have heard the term “keep my will out of probate”.  What that means is that you want to have your will written in a way that is clear and incontestable.  Without a clearly written will, the Probate Court has the power and authority to distribute your assets as determined by statute (which basically means they could ignore your wishes, if they’re not clearly stated, and instead follow the provisions set forth in the law).

An experienced Wills and Estates attorney can help guide you through the complexities of Probate Court and protect the goals you have for the distribution of your assets. Contact our office for a free consultation to help answer your wills and estates questions.

Racism or a numbers game?

A recent Huffington Post article has reported that debt collectors are more aggressively going after African American debtors than their white counterparts. The article sites research that the African American community, which was hit harder by the recession than any other racial group, is more likely to have credit issues and past due credit accounts.  Therefore, third party debt collectors seem to be focusing more on the African American community.

So is it racism or profiling or just a numbers game? According to ACA International, a trade association of third-party debt collectors, debt collectors are color blind, and are only interested in the numbers.  Of course they’re going to say that – they’re defending themselves.  But in reality, how would a debt collector look at a list of names and phone numbers and identify someone’s race?  

Whether there’s racism or not, debt collectors are notorious for their ruthlessness and aggressive tactics. Before you are forced to agree to any type of settlement or payment plan, contact an experienced debt settlement attorney to make sure your rights and your credit are protected.

What should I do before I enter a plea?

When a client seeking criminal defense representation comes into my office for the first time, we sit down and discuss his/her case, the facts, prior record, as applicable, and what they should do next. I typically recommend that before we see a judge or a prosecutor, it’s a good idea to proactively complete activities such as community service, alcohol and drug evaluation and testing or a driver’s safety course.   

“Why?” I’m often asked “If the court hasn’t ordered me to do anything, why do it now?”

Two very good reasons:         

                                  

1.    Generally, the time between your arrest and the time your case is heard in State or Superior Court can take up to a year or more.  It’s in your best interest to use that time to minimize your damages. Performing community service, taking a Driver’s safety course, drug or alcohol therapy may have a positive effect on your sentencing. Performing anticipated sentencing requirements can help show the court you are serious about rehabilitation and in turn, the prosecutor or judge may be easier on you come sentencing time. Of course, there is no guarantee that taking these preemptive steps will change anything, especially if the facts of your case or your prior criminal history are too extreme to ignore, but an experienced attorney can help you anticipate those possibilities.

 2.    Every Community Service hour, counseling course and driver safety class you complete prior to sentencing can reduce or eliminate the need for probation. Probation is not only another aspect of punishment, but what most people don’t realize is that it also costs money. In Fulton County, for example, a year of probation runs at least $600. Tack that on to whatever you are paying for rehabilitation classes, court fines and fees, increases to car insurance – and it really adds up.

If you’re facing charges, consult a knowledgeable criminal defense lawyer to help minimize the damages and save yourself some money in the long run.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

In defense of public defenders

One of the most annoying things I have had the displeasure of hearing in my time as a lawyer is “I want a real lawyer!” in reference to public defenders. Public defenders ARE real attorneys, went to law school, took and passed the bar exam, and are licensed by the bar association. Quite a few of the public defenders that I worked with in Fulton County were the most dedicated and compassionate attorneys I have ever met. 

Public defenders are usually not paid very well, frequently work long hours and more often than not, take on multiple clients in one court appearance. Some are required to work in multiple courts in the same jurisdiction, traveling to different courtrooms, usually on their own dime.  Many don’t have a dedicated office provided by the county, so they have to provide their own office space and supplies.

If you are unable to afford a private attorney and ask the court to provide a public defender, rest assured you are receiving expert legal advice from an attorney who is likely very experienced in that particular court room.  In order to qualify for a public defender’s services, you will have to fill out an application that the court would approve and there may be a small fee involved. If you are not financially qualified then you should seek a private attorney’s assistance. 

If you do qualify to work with a public defender, realize that public funding is allowing you to have the defense that you deserve and please don’t forget to show some respect!