If you have been charged with a crime, you may need to call a Dekalb County attorney right away to ensure that your constitutional rights are protected against overzealous prosecutors and law enforcement officers.
The Lynch Law Group is a Dekalb County attorney representing people who have been charged with a broad range of state or federal offenses. Guided by decades of experience and a passionate drive to protect clients’ rights, The Lynch Law Group crafts strong arguments that get results. As a respected attorney in Dekalb County, we take pride in our ability to offer prospective clients an honest, straightforward assessment of their case. For a free consultation, please call our law firm now.
Why You May Need a Dekalb County Attorney
Facing a criminal offense is a serious matter that should not be taken lightly. A Dekalb County attorney realizes that the penalties typically associated with such offenses are often significant and carry repercussions such as jail time and large fines. The ramifications of permanent criminal record may also be a possibility, affecting many aspects of your personal and professional life.
The collateral consequences of a criminal conviction can affect a person’s ability to obtain employment. It can even be difficult to find a place to live, as many landlords do not want to rent to tenants who have a criminal record. A person may even be barred from certain government benefits, such as student loans or housing assistance.
A criminal conviction can affect child custody cases, especially if the conviction was for a violent crime, such as domestic abuse.
A conviction may also result in the loss of certain legal privileges, including the right to drive or the right to own a firearm. A criminal conviction can also affect the outcome of sentencing for any subsequent convictions.
For these reasons, you should seek the advice of a Dekalb County attorney as soon as possible to begin preparing your defense.
The Importance of Constructing a Strong Defense
When you have been charged with a crime, there are various laws that a good attorney in Dekalb County may be able to use as a possible safeguard or defense. One of these laws is the burden of proof. The burden rests in the hands of police and prosecutors; it requires them to prove beyond a reasonable doubt that a crime was committed, and that the defendant is the person who committed it.
A skilled Dekalb County attorney may also investigate a case to ensure that a defendant’s rights were not violated. Some of the most common violations of a defendant by law enforcement are the protections offered by the Fourth Amendment. This amendment protects citizens against illegal search and seizure. A search can only be conducted with a warrant or upon probable cause. Your attorney may examine whether or not the evidence seized in your case was obtained legally by police.
In many cases where the evidence is excluded because it was not obtained legally by police, the criminal charges are also dismissed because there is no other evidence – or not enough other evidence – to warrant the charges.
Another reason why a case may be dismissed is that the defendant’s Fifth Amendment rights were violated. This amendment protects citizens from self-incrimination and requires police to read a person their rights (also referred to as Miranda Rights) before they can take a statement for a person they have arrested. There have been many “confessions” thrown out by a judge because the person who confessed was never given their rights or were coerced into making that confession. This amendment is also what protects a defendant from not having to testify at their own trial.
The Fifth Amendment also protects citizens from double jeopardy. This means that if your case goes to trial and you are found not guilty, prosecutors cannot try you again for the same alleged crime.
As explained above, a Dekalb County attorney may work diligently to provide evidence that contradicts any possible proof. An attorney might also use other defense tactics, such as a rights violation or lack of probable cause, to have charges reduced or dropped. In general, when rules, and regulations are not adhered to by police or the prosecutors, relevant evidence may not be used against you in the court of law.
Understanding Your Options with a Dekalb County Attorney
At the law firm of The Lynch Law Group, we have had a number of successes in fighting charges based upon substantive or procedural grounds. As an attorney who cares, The Lynch Law Group understands the stressors and anxiety that can arise in a defendant and their loved ones. We work tirelessly to resolve these legal matters on appropriate terms, and without delay. If you need help in fighting any of the following state or federal charges, please contact our law firm:
- DUI Defense
- Misdemeanor Defense
- Felony Defense
- Drug Defense
- Violent Crime Defense
- Federal Criminal Defense
- Money Laundering
- White Collar Crime Charges
- Sex Crimes
- Murder, Assault, Battery
- Illegal Search & Seizure
- Probation & Parole
- Criminal Appeals
- Habeas Corpus
- Juvenile Criminal Defense
- Bond / Bail Hearing
- Pre-Charge Investigations
- + More
Contact an Aggressive Dekalb County Attorney Today
If you are being investigated for a crime – or have already been charged – the quicker you contact a Dekalb County attorney, the quicker your legal team can begin building your defense.
The Lynch Law Group recognizes the importance of fully comprehending each client’s situation. Through this mindset, we aim to assist in the protection of your rights and let you know what your options may be during every step of the legal process. He has been named to “Georgia’s Top Rated Lawyers” each year for the past five years and has been awarded the status of “AV Preeminent,” which is the highest rating possible. For the past four straight years in a row, Attorney Lynch has been recognized as one of the Top 100 Criminal Defense Attorneys in Georgia by The National Trial Lawyers. He was also named as a “Super Lawyers Rising Star” in 2015 and 2016, a distinction awarded to only 2.5 percent of the Georgia Bar.
FAQ: Will I Have To Go To Jail for a DUI?
If you were arrested for DUI, we encourage you to contact a Dekalb County Attorney our DUI lawyer immediately. To prevent automatically losing your driving privileges, you must complete certain steps within a limited amount of time. A Dekalb County attorney from The Lynch Law Group can guide you through this process. In fact, we can help protect your rights from the very start. Without quality legal counsel, the likelihood of a positive conclusion is much less likely. We may even be able to get your charges dropped. Call a Dekalb County attorney at The Lynch Law Group for a consultation and do not delay.
If you were arrested for DUI then you have already spent some time in jail. Unfortunately, the time you spent in jail prior to sentencing does not count toward any time you might be sentenced upon a conviction. However, a Dekalb County attorney will make every effort to gain you a dismissal of your charge or else a reduction of your charge.
Do all DUI convictions result in the same amount of jail time?
The short answer is no, they are not all the same. There are several criteria that the Judge will consider, and a Dekalb County attorney can review the relevant variables with you after a review of your case. During the legal process your lawyer from The Lynch Law Group will make every effort to get your charges dropped or reduced. If possible, your Dekalb County attorney will negotiate with the court to sentence you to probation instead of a jail or prison term. One of the factors that the court considers is how many DUIs you have been convicted of in the past. Unless your DUI lawyer is able to reduce the amount of time to be served, you may be faced with one of the following sentences:
- 1st DUI conviction: from 48 hours to six months.
- 2nd DUI conviction: from 96 hours to one year.
- 3rd DUI conviction: from four months to one year.
- 4th DUI conviction: from six months to three years.
If Someone Was Injured or Died, How Will That Affect my DUI Conviction?
If you are held responsible for the injury or death of someone while you were DUI, this will affect the outcome of your case. This is especially true in terms of your sentencing. These guidelines vary by circumstances, including the state’s laws regarding DUI related injuries and fatalities. A Dekalb County attorney from The Lynch Law Group can clarify the following for you based on your circumstances:
- Vehicular manslaughter: Four years in state prison, with a maximum of 10 years in prison if you exhibited extreme recklessness in leading up to the fatal accident.
- DUI with injury: Three years in state prison, plus another year for every additional person you injured. If there were a number of victims, you might receive three additional years per victim.
Talk to an Experienced DUI Attorney in Dekalb County Who Can Protect Your Rights
When someone is charged with a DUI, their entire future may be at stake. A DUI conviction can result in a long prison term as well as expensive fines. With the help of a skilled DUI lawyer from The Lynch Law Group, you may be able to avoid those outcomes—contact us today and request a consultation.
Why You Shouldn’t Talk to the Police
After you have been charged with a crime, the police will likely ask to speak to you about your case. Unfortunately, many people make the mistake of doing so. Here are several reasons why you should never talk to the police without a Dekalb County attorney present.
You Can’t Talk Your Way Out of an Arrest
Some people mistakenly assume that they can talk their way out of a charge if they just explain to the police why they are innocent. This will not work. No matter what the police say to you, they can’t help you. Police don’t have the power to drop charges. Only prosecuting attorneys can do that. Therefore, there is absolutely no benefit to talking to the police.
You Could Share too Much
As a Dekalb County attorney can attest, there have been many suspects who have gotten into legal hot water by sharing too much information with the police. For example, let’s say you’re a suspect in a murder. You didn’t commit the crime, but mention to the police that you have been angry with the victim for some time. In this case, the police may think that you had motive for murder.
You Could Tell a White Lie
Even if you are completely innocent of the crime you’re accused of, you could still tell a white lie while talking to the police. For example, if you are being questioned about a murder, you deny everything. You even deny being in the area at the time of the crime. However, you were actually in the area the time the murder. If the police discover the white like, they could use it against in court to make you seem less credible
Police May Not Recall Your Statement Accurately
Even if you’re innocent and tell the truth, there is a chance the police may not remember what you exactly said. They may say something that completely contradicts your statement, destroying your credibility. Although you can take the witness stand and tell the jury you never said that, they might not believe you. They may take the police officer’s word over yours.
If the police ask to talk to you about your case, you should politely decline. Tell them that you can’t make any statements without your Dekalb County attorney present. After that, they must leave you alone.
Common Mistakes when in need of a DUI Attorney in Dekalb County
If you have been arrested for a DUI, you may want to speak to an experienced Attorney from Dekalb County, GA at The Lynch Law Group, P.C. A DUI charge is a serious matter, and a reputable attorney may help you rectify the situation. We may be able to help you avoid some of the common mistakes that could hurt your case:
Mistake #1: Pleading Guilty for Blowing Over the Limit in a Breathalyzer Test
Many people who blow over the limit during a breathalyzer test think they have no choice but to plead guilty. However, in some cases, this test may be inadmissible and can’t be held against you. For example, if the police officer who gave you a sobriety test had no legal grounds to pull you over in the first place, and we may ask for the test to be thrown out.
Mistake #2: Believing All DUI Attorneys Are the Same
Some individuals with DUI charges believe that all DUI attorneys are the same and hire the first one they meet. This belief could not be farther from the truth. Some DUI attorneys are better suited than others for certain types of cases. To determine if a member of our legal team is the right person to take your case, you may want to ask certain questions during your initial consultation, such as how many DUI cases he or she has dealt with in the past and what his or her success rate is.
Mistake #3: Sharing Information with the Police
When arrested with a DUI, some people get intimidated by the police and make the mistake of talking to them about their case. No matter how nice or trustworthy the police seem, you should avoid talking to them until you have talked with a Dekalb County, GA Attorney. If you share any information about your case with the police, they may use that information against you in court. If the police ask to speak with you, calmly tell them that you can’t talk to them without your attorney is present.
Mistake #4: Waiting Too Long to Hire an Attorney
Another mistake many people make after being arrested for a DUI is waiting too long to hire a member of our legal team. If you do not hire a lawyer until the day before your first hearing, for example, he or she may not have enough time to fully evaluate the case. On the other hand, if you talk to a lawyer immediately after you receive the charge, he or she may be able to dissect your case more thoroughly and possibly get the charges reduced or dismissed.
Contact Our Law Firm for Immediate Assistance
A DUI may affect your life in a number of ways, so do not wait to speak with a reputable attorney. An experienced attorney can work hard to get you the best possible outcome. If you are looking for a Georgia Attorney in Dekalb County, contact The Lynch Law Group, P.C. at (404) 373-7735.
What are My Rights Regarding DUI Laws?
A DUI attorney from The Lynch Law Group, P.C. can protect your rights if you were charged with a criminal offense such as Driving Under the Influence. Having an experienced DUI attorney representing you from the very beginning of the legal process is important because one mistake on your part could have lifelong repercussions. For instance, responding to what may seem like an innocent question on the part of a police officer or detective could be taken out of context and used against you.
It’s a fact that the only persons who will look out for your best interest are yourself and your DUI attorney. And it’s only a seasoned legal professional who will recognize when your rights may have been violated, or whether a law enforcement officer overstepped their bounds. If you have been charged with DUI, call us immediately and request a consultation with a member of our dedicated legal team.
There is much confusion about the rights of drivers who are under the cloud of a DUI criminal charge, and we are aware of instances when law enforcement has overstepped their bounds. It’s important to have at least a basic understanding of the motor vehicle laws should you experience police car lights in your rearview mirror.
Further, you should be prepared to obtain legal representation immediately as a DUI lawyer can protect your rights from the very start. In the absence of a lawyer, you may incriminate yourself unfairly. Call The Lynch Law Group, P.C. if you have been arrested for DUI. If an immediate family member is facing a DUI charge and is currently incarcerated, contact us to find out how we can help.
If you need an Attorney from the Georgia area regarding a DUI, you can speak with a member of our legal team for advice and strategy.
What rights do I have if I am pulled over for DUI?
Even before you hire a DUI attorney, you can begin protecting your rights. If you believe that your rights are being violated at any time, remain calm and do not resist. Note every detail that you can and document as much as possible, even if that means writing down notes with times and dates immediately after the fact. Then, relate the information to your DUI attorney. Very often, when an individual has their rights violated, their DUI attorney can use the information as grounds to argue getting the charges dropped.
In the best case scenario, you will hire an Attorney from Dekalb County, Georgia immediately upon being arrested and we can advise you as to what to say and which actions to take. However, in general you have these rights:
- You are legally required to identify yourself with your legally recognized name. You are not legally required to answer their questions or make a statement. Remember that anything you say will be used against you if possible. Trust no one except us.
- Law enforcement officers do not have the legal right to search your vehicle unless they have reasonable evidence to believe that your vehicle contains evidence related to the reason why they have pulled you over. For example, if the police officer pulled you over because they suspect you were DUI, and the officer sees an open bottle of alcohol in your vehicle, they can search your vehicle and seize that bottle as evidence to use against you.
Keep in mind that if they do not have reasonable evidence, or if they request your permission to search your vehicle, you have the legal right to tell them that you do not consent to a search. There are exceptions to these rules, and your DUI attorney can tell you if a police officer’s actions fell into that narrow window. - The police have the right to frisk you to determine if you are carrying a weapon but should they go further than a simple “frisk” before taking you to the police station, be sure to inform your DUI attorney of this.
Can I consult my attorney before agreeing to a breath, urine, or blood test?
The answer to this question varies from state to state. In some states, drivers can indeed consult their lawyer before deciding whether or not to agree to DUI testing. However, the drivers will then have only a limited amount of time in which to undergo the testing. It may be as little as 30 minutes.
Most states do not allow motorists the opportunity to contact their lawyer before they decide whether or not to comply with the DUI testing. In fact, they may be legally required to submit to one test or another and it may be up to the law enforcement officer to choose which method they will use. If the law enforcement officer denies or ignores any of your civil rights, a Dekalb County Attorney from GA can use that information in support of your case.
A knowledgeable member of our legal team at The Lynch Law Group, P.C. can recognize any violations of your rights and will fight aggressively to get you justice.
- If you refuse a police officer’s request for a DUI chemical test of some kind, your driver’s license may be suspended.
- If your DUI case goes to trial, the prosecutor will likely tell the jury that you refused to take a DUI test, and that would not be ideal for your defense case.
What is the minimum jail time a person may receive for a DUI conviction?
This again will vary by state. We can help you gain a clearer understanding of potential penalties, including jail time. If a defendant has previous convictions for DUI, or for their current charge they acted in an egregiously negligent manner while under the influence, they will likely face longer jail sentences.
If you were arrested for a DUI, it’s important that you protect your rights from the very beginning. Call The Lynch Law Group, P.C. at (404) 373-7735. to speak with a GA Attorney from Dekalb County during a free, no-obligation consultation.
Attorney Dekalb County, GA
If you have been charged with a DUI it is in your best interest to speak with an attorney from Dekalb County, GA as soon as possible. A DUI is a life-changing charge that requires expert hands to handle. The Lynch Law Group, P.C, may be able to help you through your case and help you find the right attorney for you. Finding the right attorney can make all the difference in your case, as it determines how smoothly the process can go.
Here are some of the qualities to look for when looking for an attorney:
Extensive Training and Experience
Yes, you can technically hire anyone with a license to practice law to defend you. However, you are going to want someone who specializes in DUI cases. Someone who has years of experience in handling these types of cases will have a better understanding of what to expect. DUI law can be complicated and if the attorney isn’t experienced enough then something could go wrong easier. Hiring someone that understands the DUI laws will save you time and it could mean you have a better chance of avoiding a DUI conviction.
Track Record
Take a look at the track record the attorney has. Ask them about how many cases they have won in DUI court. It seems obvious to want someone who has a proven track record of winning but this can go overlooked. Just because someone knows the law extremely well doesn’t mean they always win.
Spotless Ethical Record
While an attorney can be the best in the area, there is a chance that could be because they have a history of malpractice or being sanctioned by the state bar. If that is the case then your DUI case could be in danger. Most judges do not look too kindly on attorneys with spotty ethical records. If you aren’t sure about this you can take a look at the website for the state bar and you’ll see any disciplinary actions. You want someone with no disciplinary actions against them.
Communication Skills
When you first interview your attorney think about how confident they are in their answers. Do they seem unsure at all about what they are saying? Also, look into how long it takes them to respond to your questions if you aren’t in front of them. Are you waiting for days or do they get back to you quickly? A good attorney is going to be confident in what they say, without overpromising anything. They will also get back to you as soon as they can rather than make you wait.
Local Matters
A local attorney matters when it comes to DUI cases. The reason for this is laws can vary from county to county. Not only does that matter, if your attorney has a good reputation among their peers and judges it can help your case run as smoothly as possible.
If you or a loved one has been charged with a DUI don’t hesitate to reach out to an attorney in Dekalb Country, Georgia. One of our experienced attorneys at The Lynch Law Group, P.C, can help walk you through what to expect during a DUI case and help you through it all.
