Will I go to jail for a car debt?

Someone who fell behind on their car payments recently contacted me because car creditors were threatening to get an arrest warrant. This is a scam. Sometimes, debt collectors resort to deceptive practices to get someone to pay monies owed. In the United States, we do not have debtor’s prison.  Unless your debt is to the IRS, you don’t have to fear jail time.   Other threats I have heard include:

1.    “We will contact your employer and order them to take the money right out of your check.” The only way a creditor can access your paycheck is through a court order.  This is a time consuming process for the creditor and would require that the creditor would file a law suit against you first.

2.    “We will ruin your family members’ credit.” Unless the debt is also in another person’s name, the creditors cannot attack a family members’ credit.

In the end of the day, do you owe a debt? Yes. 

Can they ruin your credit? Yes, if you let them. 

Contact an experienced debt settlement attorney to work out a payment arrangement that works for you and protect your rights, your income and your peace of mind.

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

Will I serve jail time?

More often than not one of the first questions I am asked by a criminal defense client is whether they will have to go to jail. My answer….it depends. There are numerous factors that go into whether jail time will be part of a sentence, some of which are:

1.    The crime itself- some crimes (both misdemeanors and felonies), specifically state in the Georgia Criminal Statute that some amount of jail time is required. A lot of the statutes, however, do not specifically call for any jail time whatsoever, so in those cases, it’s the discretion of the court to decide jail time or how much.

2.    The history of the defendant- the court will look at a person’s past criminal record to determine what, if any, jail time will be required if convicted.

3.    The facts of the case- if a judge finds that the facts of the case (i.e. type of victim, method of committing a crime or attitude of the criminal defendant) are such that punishment other than a fine or community service or probation are insufficient, they may choose to sentence jail.

Under Georgia law, misdemeanor crimes can carry a maximum sentence of 12 months in jail and a $1000 fine.  So, even a minor crime such as criminal trespass, where there were no damages or injuries could still lead to jail time depending on the factors above. No charge, no matter how “trivial” or minor is worth jail time. Consult an experienced criminal  defense attorney in your area to protect your rights and help to make sure you don’t go to jail for a “minor” crime.

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

What will happen if I violate my probation?

Recently I attended a probation revocation hearing with a client. Usually these hearings are scheduled after a person who has been convicted of a crime and has been placed on probation does something (i.e. arrested on a new charge) or fails to do something (not pay probation fees, attend required programs, fail to check in with probation as required etc….).  Here’s what to expect if you have violated your probation in Georgia.

The “prosecutor” in this type of hearing is not the State or Superior Court prosecutor that worked to convict you in the first offense. Rather, it is the Probation Officer who was assigned to you at your conviction. The Probation Officer will request in writing that you appear in court, sometimes even in front of the same judge that sentenced you in the first place.  During the hearing, the Probation Officer will inform the Judge that you have either committed a new crime or have failed to perform whatever probationary requirements you were assigned.

Depending on the circumstances and your history, there are three possibilities that can result from this hearing.

1.    Your probation can be revoked. If that happens, the judge will sentence you to a specific amount of time in jail, up to the remainder of your time on probation.  Remember, the whole point of probation is an alternative to spending the full sentence in jail.

2.    It’s possible that the judge will be lenient on you and allow you to continue on probation as long as there are no further issues

3.    As further punishment, the judge has the power to add terms and time to your probation.

There is one other thing to keep in mind. If you are on probation and get convicted of a new crime in a different jurisdiction, you may now have two probations, as they likely won’t count toward each other.  This means more check-ins, more probation fees and more sentencing terms to complete.

If you are on probation and have either been re-arrested or are having problems meeting the requirements of your probation, contact an experienced criminal defense attorney to provide answers and advice.  Do not go to court alone, it could mean the difference between more probation and actual jail time.

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