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10 Most common Calls
Do I need a lawyer for a speeding ticket?
Whether you need a lawyer depends on whether your license will be suspended if you are found guilty of the ticket. A speeding ticket will cost you generally $75 to $250. In the best case scenario a lawyer will charge you no less than $250 for a court appearance and as much as $2500 for a jury trial. Your chances of winning at trial in Georgia are slim, but not impossible. If you want to contest the radar or laser, you need to add $1,000 for an expert to testify about the machines. You can enter a nolo contendere (no contest) plea and if you have not had another nolo plea in the last five years there will be no points on your license. If you are from out of state you have to understand what a guilty or nolo plea will do to your privileges in your home state. In some states nolo is not recognized and in some states a ticket for 10 miles per hour over the limit may suspend your insurance coverage.
So if you are a Georgia resident not looking at losing your license for the speeding ticket just enter a plea. You can also go to driving school once every five years and remove 7 points from your license. In Georgia an adult can accumulate 15 points every 24 months without losing your privilege to drive. If you have been to court and the prosecutor or judge has indicated there will be jail time for some reason, you better call a lawyer. Otherwise, just plea and be done.
To blow or not to blow…
This is easy. Don’t put yourself in the situation to have to decide. Drinking is legal. Driving is legal. The two together are illegal and incredibly hard to beat with any regularity. If you are in the situation and think you can process the following information after having had several drinks at 1 am here is what you need to know: You have to make a judgment call on the scene. If you refuse to blow, you need to also not answer any questions about your drinking and refuse the field sobriety tests. If you do this then you are gambling on whether the officer has enough information about your impairment based upon your driving prior to the stop (no accidents), physical appearance and general abilities at the scene. If he stopped you on a hunch, you may have a chance at challenging the DUI at trial. But, you have to also be willing to undergo the administrative license suspension that may occur while you are waiting for your day in criminal court.
Any other factual situation changes everything. If you have admitted to drinking and performed the field sobriety tests, you might as well take the breath test but also demand an independent test of your own choosing after. If they don’t take you for an independent test, you may be able to knock theirs out as well.
Do I need a trust? All my friends have one.
Unless you have property in other states or an estate that will accumulate estate taxes upon your death, you do not need a living trust in Georgia. Forming a living trust means you have to add assets to that trust, to do that you will lose control of those assets. For my clients who have estate tax issues my first planning tip is to hold items jointly. Next, you should consider a life insurance trust. That is an asset that you don’t generally need to hold control over. If you are interested in protecting your assets from creditors from some reason, you may want to consider a trust but again, there are other ways to protect your assets that are less restrictive.
I have court tomorrow. Can you help me?
No. If you have waited until the night before the trial to consider an attorney, you do not have the necessary information to assist a lawyer in preparing for your case. To properly represent you, a lawyer will want to meet with you, conduct discovery, talk to witnesses, address the other side, and do some research. This can not be done in one day and technically would be an ethical violation. However, for a criminal case, a lawyer may negotiate a plea more effectively than you can but even then you have waited to long to give the lawyer any information to work with on your behalf.
I fired my last two lawyers because they were conspiring against me.
I never take a case that has had two lawyers and rarely agree to be second in line. There are two reasons for this. It costs you twice as much for me to clean up someone else’s mess and by the time you get through two lawyers, you are out of money. If you are not out of money I will never convince you why you should have to pay any more money’s to attorneys since you have already paid two. That leaves me holding the bag and taking all the blame for your last two lawyers. Also, take a good look at your case. You may just have unreasonable expectations.
How much will my divorce cost me?
I charge $1,600 for an uncontested divorce without children. That means you and your spouse will negotiate all terms with my guidance. You provide me the general terms of the agreement. I draft all the documents and there are only minor modifications. There can be no answer and no discovery. If you have children the fee is $2,600 due to the excess paperwork needed in Georgia. If you have a contested divorce, I charge $225 per hour until we are finished. Contested divorces will cost no less than $5,000 and after that the sky is the limit.
I have no money….
While all attorneys are required to do pro bono work most attorneys do this in the context of writing off time for existing paying clients. Clients who have already paid some fees. Some lawyers do pro bono work but they can only do so much. Legal assistance organizations are overburdened. If you have no money, a lawyer can not, and should not, loan you money. Some cases may be taken on a contingency fee , these are usually personal injury, worker’s compensation, and social security disability. It is improper to do a divorce or criminal matter on a contingency fee. So if you have no money, you need to find a bank, credit card or family member to finance your suit. Don’t ask a lawyer to be your bank.
Police want me to come to the station for an interview. Should I go? No. No. No. No. The police never ask you to come to the station just to help out. And if they have a weak case, they want nothing more than for you to help them make it better. A confession rarely stops the case from being charges and often puts the nails in your coffin. If asked politely say you would prefer not to make any statements, you have an attorney but if they decide to arrest you to please let you know so you make make arrangements for work, childcare or the like.
I need to expunge my record.
Expunging your record in Georgia is not a right, it is a gift from the prosecutor. If you were properly arrested, there is no requirement that your record be deleted, no matter what the hardship. The process if very simple and you do not need a lawyer. You fill out the request to expunge and submit it to the original prosecutor. The prosecutor does what he needs and then you get a decision. After the decision you can appeal to the Superior Court. That is when you should bring in an attorney. From that point on you are begging for a break. You will have a much better chance with an attorney. If you lose at hearing, you can always consider asking the Governor for a pardon. You must wait __ years after the ___________________ to request a pardon.
Do I need a will?
If you have children, you must have a will. If you have no children, you might be able to get away without one depending on your assets. You make the aftermath of your death much easier on your loved ones if you plan things out.
I am in the United States illegally, what can I do to become legal?
Nothing.
