Skilled Criminal Defense In Carroll County And Beyond
At Duke & Heath, Attorneys at Law, we understand how seriously a criminal conviction can affect your life. From jail or prison time to heavy fines and lost job opportunities, you are in danger of many consequences. We take on many types of criminal defense cases — we are here to answer your questions and protect your constitutional rights.
Our criminal defense attorneys can take action on your behalf to minimize the penalties you face. Based in Carrollton and Cartersville, GA, we handle cases throughout west Georgia involving all types of criminal matters, including the following:
- Family violence/battery
- Drunk driving
- Traffic violations
- Assault
- Drug possession, sales or distribution
- Shoplifting and other theft crimes
- Kidnapping
- Other felonies and misdemeanors
- Representation at bond hearings
- Probation revocation hearings
If you have been arrested or charged with any crime, we can meet with you to discuss your circumstances and your legal options. Attorney Desiree D. Duke has a record of working with people who have prior criminal records — and those who do not — to help them seek favorable results from the justice system. She can answer all your questions about criminal law in Georgia.
Know Your Rights And Make Justice Work For You
Following this “do’s and don’ts” list can ensure that your rights are respected following an arrest. If you are stopped by law enforcement, please:
- Remain calm. Don’t run or drive away.
- Do ask for an attorney.
- Don’t answer questions. Police can lie to you and trick you. So remember, what you don’t say can’t hurt you!
- Don’t give consent to a search.
- Do refuse a field sobriety, breath or blood test until you have spoken with your attorney. This is your right.
- If you take a blood, breath or urine test, you have the right to request an independent test immediately.
- Do remain silent and wait for your attorney to arrive.
- Do protect yourself. It is right for you to assert your rights and make justice work for you.
Charged With DUI? We Can Help!
Many Georgians think that if they are pulled over by police on suspicion of driving under the influence (DUI), they won’t lose their driver’s license unless they are convicted. This is false. In reality, the state’s conviction and license revocation processes are completely separate.
What does this mean if you are pulled over? If you blow a .08 BAC (blood alcohol concentration) in an initial breath test, or if you refuse to take that test, you will have 10 days to request a hearing with the Georgia Department of Driver Services to preserve your right to drive.
After you are cited for drunk driving in west Georgia, don’t wait another minute to consult an experienced DUI defense lawyer. At Duke & Heath, Attorneys at Law, our attorneys understand the laws, procedures and standards involved in drunk driving cases, which means they can argue effectively on your behalf in court and in an administrative hearing.
Providing Answers To Your Criminal Law Questions
I was arrested for a DUI and the form says my license will be suspended in 30 days, but my first court date is not until after that 30 days. How will my license be suspended before I even go to court?
If you face an arrest for drunk driving, you may have only 10 days before the Department of Driver Services suspends your license. If you took the Intoxilyzer test at the police station and blew a .08 or higher, you may receive a license suspension. If you refused to take the Intoxilyzer test, your license is also in danger of suspension. You need to consult an experienced DUI attorney who can file an appeal on your behalf to help protect your license.
I was arrested for possession of marijuana. I was not driving or even in a car, but the state is trying to suspend my license. How is that possible?
If convicted of possession of drugs (even though you are not driving), you are still in jeopardy of losing your driver’s license by Georgia statute.
If I’m innocent, shouldn’t I explain my side of the story to the police right away?
No, you have the right to remain silent, and it’s very important that you use this right. Even if you are simply explaining the facts to the police, they may misinterpret them and use them against you. Beyond giving law enforcement basic information such as your name, keep quiet and call our law firm right away.
I’ve heard many terms like “indictment” and “arraignment,” but what do they mean?
In essence, an indictment is a legal document that formally charges you with a crime. An arraignment is the official notice that the judge gives you, explaining that you have been charged with certain offenses. At this point, you can either plead “guilty” or “not guilty.”
Free Consultation To Discuss Your Criminal Matter
For more information, or to arrange a free initial consultation, contact us online. Call 678-390-5577 for our Carrolton office, or 470-964-6279 for our Cartersville office.