Past Arrests can haunt you… even 25 years later…

A recent article in the Wall Street Journal reported on accusations of crimes from the past affecting current employment for some. This is an important thing to consider. When you are arrested for a crime, you automatically have a criminal record generated.  In Georgia, this is commonly known as your GCIC (Georgia Crime Information Center) report. Even if the charges are later dropped, either through a pre-trial program or other means, the arrest stays on your record and can follow you throughout your life.

Recently I helped a client who had a 25 year old arrest and conviction for a misdemeanor marijuana possession.  We arranged to have his record restricted, so that future employers can no longer see this arrest and conviction.  Are there any skeletons in your closet that you wouldn’t want your current or future employer to know about?  There are ways to make sure a mistake of the past does not affect your future. Talk to an experienced criminal law attorney to explore your options.

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

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

What is a Blind Plea?

More often than not, in a criminal case, a defense attorney and the prosecutor are able to negotiate a plea offer that at least somewhat satisfies both sides.  However, sometimes, the prosecutor may not be willing to reduce a sentence to the defendant’s satisfaction.  If this occurs, it may make sense to take your case to trial.  Another lessor known option is a non-negotiated or “blind” plea. 

A blind plea entails going in front of the judge and having your attorney present the facts involved in your case, as well as your prior history and any other relevant information.   As part of a blind plea, your attorney will ask the judge to sentence you rather than to accept the offer recommended by the prosecutor. 

If your attorney can show that the offer made by the prosecutor is overly harsh or contains terms of probation that you are unable to meet for whatever reason, a blind plea may be the way to go.  Of course, in any situation, the judge is the final determiner of the type of sentence a person can receive, but it’s quite possible that the judge will be more lenient than the prosecutor.  

Keep in mind, however, when you enter any plea, including a blind plea, you’re indicating to the court that you believe there’s sufficient evidence to prove your guilt.  Thus, it’s also possible that the judge may agree with the prosecutor’s sentence recommendation or even give you a harsher sentence.  A good defense attorney will know what the judge would normally do in this situation and will be able to guide you as to what makes sense in your case.

Don’t go to court alone, and don’t enter a plea without discussing all the facts and repercussions that entering a plea, negotiated or otherwise, can have on your life. Talk to an experienced criminal attorney first.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

Should I testify at my criminal hearing?

When preparing my defense strategy for a trial, one of the big questions I have to answer is whether to allow my client to testify. Under the law, the burden is on the State (the prosecutor) to prove beyond a reasonable doubt that the defendant (my client) is guilty of the crime he or she is accused. There is no burden on the Defendant to prove his or her innocence. All that needs to be proven is that there’s reasonable doubt that the defendant DIDN’T commit the crime.

Putting the defendant on the witness stand and allowing the State to cross examine him or her is an important decision with long lasting ramifications. While choosing for a defendant to take the stand could certainly add credibility to the defense, one wrong statement or misinterpreted answer could be disastrous to a defense.

If you are facing criminal charges and choose to have your day in court, don’t go it alone, hire an experienced criminal attorney  and discuss with him/her what trial strategy works for you and in your best interest. Don’t give the Prosecutor any advantage by making a poor decision because you want “to be heard”. 

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

What is the Georgia Breathalyzer test?

The Intoxilyzer 5000 is the machine that all Georgia Police Departments use in order to measure blood alcohol level after a DUI arrest. The machine measures the molecules of alcohol in your breath to determine what level of alcohol content you have in your bloodstream. If it measures .08 or above, you will be charged Driving Under The Influence of Alcohol Per Se (DUI Per Se). 

Is the Intoxilyzer 5000 infallible? No! There are many reasons that a Breathalyzer machine such as the  Intoxilyzer 5000 can give a false reading including:

1. Errors in the computer code 
2. Human operator errors 
3. Failure to maintain the equipment properly 
4. Medical conditions that may lead to a false positive.

There are many other examples, and an experienced DUI attorney can review your case and determine whether your test was given correctly and the levels read are proper.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

What happens if I complete all my probation requirements before the end of my sentence?

Recently, I was asked what the term “Suspended Probation” means. Generally, the sentencing for any type of criminal action includes some type of probation.  Typically, probation requirements include some combination of drug tests, reporting in to a probation officer, classes, community service or payment of fines.  Sometimes, judges will allow defendants to go on “Suspended Probation” once they have completed all sentencing requirements. Suspended Probation means that the case is considered closed and the defendant is no longer required to complete any probation related responsibilities.  

There’s another option that the judge can order if all terms of probation have been completed.  This is known as “Non-Reporting” probation. Like Suspended Probation, the defendant would not have to continue probation fees or reporting in, but rather than closing the case, the defendant would technically remain on probation, and as such, if probation terms were violated in any way, the court could require additional jail time or other punishments. 

Keep in mind, there is no guarantee that the court will allow either of these options. Depending on the type of crime, the defendant’s history and other factors, the court may order that the defendant remain on probation for the entire sentence, without any fee or reporting suspensions. 

If you are facing criminal charges, don’t go it alone! Contact an experienced criminal attorney to make sure your rights are protected and provide you with the legal advice you need.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.