If you are involved in an automobile accident there are several things you need to know. One of the most important is to get the names and phone numbers of any witnesses. They donít always show up in police reports. Secondly, if you are injured, donít decline medical treatment or ambulance service to an area hospital, as the at-fault driverís insurance company may use this against you in settlement negotiations. You or your attorney should make sure you take photographs of your damaged vehicle from different angles, both inside and out. These photographs become very useful in settlement negotiations. Finally, while it is important to give a statement to police officers, if you are able, the less said, the better, as there have been cases where drivers have unfortunately admitted fault at the scene only to discover later, through a more thorough accident investigation, that they were not at fault. It is also important to get a copy of the police report so you can call the at-fault driver's insurance company to inform them of the accident, since their driver may not have reported it, which could cause coverage problems. Typically, an agent of the insurance company will call and want to take your tape recorded statement very soon after the accident. You need to contact an attorney before giving one. Gary W. Jones is an experienced automobile accident attorney in Georgia. Besides pain and suffering for injuries, an injured driver has a right to recover medical expenses, lost wages and earning capacity, and, perhaps, other losses. Property damage claims are usually settled separately and before personal injury settlements. Mr. Jonesí contingency fees on all automobile accident cases are 28% which is anywhere from 5% to 12% less than what most attorneys charge. Contingent attorney's fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client. If the at-fault driver has no insurance, then the injured party will make a claim against his or her own policy for UM coverage, a complex area of law; so itís important for your attorney to investigate and discover your available UM coverage. The secret behind Mr. Jonesí successful settlements is a thorough accident investigation, which he learned at an early age as a military policeman. If you need an experienced Cobb County Auto Accident Attorney call Gary W. Jones.
Assault and Battery is not only a crime by the person committing such an act, but it can give rise to a cause of action known as a tort. A tort is a civil wrong which allows the injured party or victim to sue the person who committed the assault and battery, regardless of whether that person was arrested or prosecuted. Generally speaking, an assault is intentional conduct that places another person in fear of imminent physical contact; while a battery is the actual physical contact, which may or may not cause an injury. In addition to recovering reimbursement for medical bills and lost wages, a victim/plaintiff could be entitled to money damages for pain and suffering, disfigurement, or loss of use of arm, leg, hearing, or eye sight, or for even more serious injuries. If this tort is brought because of injuries to a minor than an adult must file the complaint on what is known in the law as a ďnext friend,Ē which is usually the childís parents.
Attorney Gary Wilson Jones is an experienced business law attorney who has incorporated
numerous businesses over the years, most often in the form of S corporations or limited liability companies. Skeletal corporate forms and boiler plate language do not offer the protection of tailored articles prepared by Mr. Jones; and, often, individuals who incorporate themselves in the interest of saving money expose themselves to personal liability by having their corporate veil pierced. In addition to forming small corporations, Mr. Jones has represented large and small businesses in contracts, construction, and collection litigation. He is familiar with liens and foreclosure, as well as liability for company debts. He also drafts and litigates leases for commercial properties and residential properties. In addition to representing countless businesses, Gary has sued dozens of businesses in his career, including, but not limited to, well known chain restaurants, construction companies, grocery stores, homeowners associations, realtors, truckers, salesmen and others. He has also handled insurance claims for individuals and small businesses. Mr. Jones is familiar with both the prosecution and defense of personal injury and property damage claims relating to business activities and their employees. Contact Attorney Gary Jones if you need affordable legal representation for your small business.
Gary W. Jones is an experienced debt collection attorney in Cobb County, Georgia whose goal is to simplify and expedite the collections process. If someone owes you or your business money why waste your time with a collection agency? Retain an experienced collections attorney whoíll skip the harassing phone calls and send a demand letter which will include a notice that reimbursement for attorney fees and court costs will be sought in the event of a lawsuit. Once a judgment is obtained, your attorney will file it on the GED (General Execution Docket) which will be a lien on all of the debtorís real and personal property in the county where filed. In addition, a good attorney will hit the debtor with extensive post-judgment discovery. Levy and garnishments are also tools that can be used. Mr. Jones has successfully collected money for large and small businesses, professionals, and private citizens. Gary W. Jones is an aggressive and experienced collections attorney in Marietta, Georgia.
Generally, defamation is a false and malicious publication about another that intentionally or negligently causes harm to another. If it is in writing, pictures, videos, etc. it is known as libel. If it is strictly the spoken word then it is referred to as slander. Special damages are presumed when imputing a crime to another, accusing one of immorality, accusing one of having a serious contagious disorder or disease, and making statements tending to injure oneís trade, profession or occupation. Mere contemptuous or abusive language is not sufficient to support an action. Of course, truth is an absolute defense to defamation. Georgia courts recognize Invasion of Privacy as a legitimate tort under mental abuse theories and damages. These can occur when a personís seclusion or solitude has been breeched, e.g., unauthorized surveillance. Public disclosure of embarrassing private facts about a person, or publicity that places a person in a false light in the public eye, or appropriation for the defendantís advantage a personís name or likeness can all qualify as an invasion of privacy. Sexual harassment, simply put, is unwelcome and offensive behavior of a sexual nature by co-workers or a supervisor. It can be words or actions, such as sexually explicit comments and inappropriate touching. The offended party must bring the behavior to the immediate attention of company supervisors. They are not allowed to retaliate. Typically, sexual harassment will involve other actionable torts like defamation, invasion of privacy and assault. Attorney Gary W. Jones has successfully sued several companies for sexual harassment, litigating these matters against some of the most powerful law firms in Atlanta.
Abuse of the elderly is undeniably on the rise in the Unites States. The Georgia Department of Human Resources says elder abuse is ďunder-recognized, undetected and under-reported,Ē with ďlife threatening consequences.Ē If you suspect an elderly person of being physically abused then you should quickly contact the Department of Human Resources. Just go to my Helpful Websiteís link and you will see listed Adult Protective Services at the top of my list. After clicking on this site, you will see on the left hand side a prompt for Report Adult Abuse, and a toll free number for outside the Atlanta area as well as an Atlanta area phone number. Of course, if it is a true emergency, call 911. Elder abuse is not limited to just physical abuse, but can be, and is more often, undue influence and financial abuse, i.e., theft or fraud. One of the biggest dangers created by elders themselves is the creation and appointing of a power of attorney for someone they thought they could trust. A broad and general power of attorney can be very dangerous, which is why it's ill-conceived to buy a blank one or download one off the internet. It's much safer to pay an attorney to draw up one tailored to the person's circumstances. Another growing danger is shady financial planners
steering their elderly clients to attorney friends who draft unnecessary and costly legal
documents. For example, living trusts offer few advantages, taxes or otherwise, and they are not means for excluding assets for Medicaid purposes. Unfortunately, they are peddled to the elderly at exorbitant prices. Older Americans are also increasingly becoming targets of scams and con-artists, from letters and telephone calls to door-to-door ďsales.Ē If you have loved ones who have been victimized, report it to the police. There are enhanced criminal penalties in Georgia for certain crimes involving victims 65 years or older. Consult your local District Attorneyís Office. Moreover, you may wish to retain an attorney to sue these abusers, and, possibly their employers, e.g., nursing or personal care homes, for assault and fraud. It is very important to retain an attorney knowledgeable in the area of elder abuse as quickly as possible.
It is extremely critical for a guardian or a conservator to be appointed by the court if an elderly person is being abused physically or financially. A guardian is someone who makes health care decisions for the ward, while a conservator is someone who manages the ward's finances. If the elderly person already has a guardian or conservator, then it will be necessary to remove him or her if physical or financial abuse is still occurring. These appointments are accomplished through petitions filed in the probate court in the county where the proposed ward lives. Normally a close family member is appointed, but not always. If the situation is a true emergency, then there is a procedure to appoint an emergency guardian and/or conservator. Both petitions require the involvement of a psychologist or doctor and court hearings. A person can nominate a specific individual to be his or her guardian before one is actually needed though what is known as an Advance Healthcare Directive. If you need to file a petition for appointment of a guardian or conservator, or to challenge the appointment of a guardianship or conservatorship, then contact an experienced elder law attorney such as Mr. Jones. Gary W. Jones has been engaged in guardianships for 25 years and has participated in well over one hundred guardian and conservatorships, either as the attorney for the petitioner or attorney for the proposed ward.
False imprisonment is the unlawful detention of a person by another for any length of time when the detained person is deprived of his or her physical liberty. Malice and lack of probable cause need not be shown, which distinguishes these torts from malicious arrest and malicious prosecution. If an arrest warrant is issued in good faith then false arrest and imprisonment will not apply. Any restraint, no matter how slight, upon oneís liberty will constitute an arrest. It must be against the victimís will and a cause of action will not rise or will be dismissed if the victim voluntarily surrenders his or her freedom. There is immunity for merchants who detain persons they reasonably believe to be shoplifting. False arrest and imprisonment are intentional torts and do not occur by accident or negligence. Damages may be dependent upon the manner of arrest and the length of time detained. Police officers, bouncers, security guards, and other employees, as well as private citizens, can all be found liable for these civil wrongs. If you are thinking about suing a city or county, or the state of Georgia, for personal injuries resulting from a police officerís arrest and false imprisonment, or for injuries caused by a correctional officer, you need to be aware there are very short statute of limitations imposed along with very strict time and content requirements in the sending of an ante litem notice to the city, county, or state (agency) involved, which is a prerequisite before a lawsuit can be filed. The public and, unfortunately, some attorneys are unaware of these requirements.
Premises Liability encompasses a wide variety of ďaccidentsĒ or acts of crime, either on business property or residential property triggering a claim against the insurance carrier for said property. It depends in great part on the designation of the injured person as to whether he or she was an invitee, licensee, or trespasser. Negligence on the part of the property owner is critical to maintaining a cause of action for premises liability, e.g., failing to provide adequate security when the business had previous notice of crimes on their property. Attractive nuisance is another area of premises liability where the owner maintains a source of danger and attraction to children when the owner is under a duty to take precautions to prevent such danger and injury. There really is no end to the factual scenarios that can involve premises liability. Anytime anyone is seriously hurt, even if he or she is the victim of a crime, they should consult an experienced attorney to explore a possible claim for premises liability. Attorney Gary W. Jones has been trained in the area of premises liability and has successfully sued a home owner, a child day care center, and a large chain grocery store. If you need a good premise liability lawyer Gary W. Jones is the attorney to call.
Slip and fall is somewhat of a specialized area within premises liability. It has been around since the birth of this country and, in some sense, is uniquely American. It can be as simple as twisting an ankle on an icy sidewalk before a business storefront or stepping into a hole and breaking a leg. Because slip and fall cases have been so heavily litigated, probably more so than any other tort beside automobile wrecks, there is extensive and ever changing case law in this area, and only an experienced attorney willing to do the detailed research and lengthy investigation should be retained.
Mr. Jones has drafted hundreds of wills and helped probate nearly as many in the administration of estates. In addition, he has successfully filed a caveat to a will and had it dismissed as well as successfully defending a caveat to a will to uphold the will. A caveat is a written challenge to a will based upon some legal defect such as mental incapacity or undue influence. There are ways to avoid probate and Mr. Jones can help show his clients these important options. Mr. Jones makes house and hospital calls for the elderly and incapacitated. Gary W. Jones is an experienced and knowledgeable probate attorney in Marietta, Georgia.
Wrongful Death in Georgia law is a civil action brought against a person, company, or government entity for the negligent or intentional killing of someone. It is usually filed in Superior Court by the decedentís surviving spouse or children. The spouse is required to share the proceeds with the children. A parent or next friend who obtains a wrongful death settlement greater than $15,000 for the benefit of a minor child must have the settlement approved by either the probate court, if no action has been filed, or the trial court in which the action is pending if a lawsuit has been filed. If the surviving spouse cannot be located or refuses to pursue an action for wrongful death then the Superior Court is empowered to permit the children to file such a claim. Both parents have a right to bring an action for wrongful death of their child, however, if the deceased child leaves a spouse or children, the right to bring the action belongs to them. If there isnít a surviving spouse or children, Georgia has a statutory provision to allow others to file a wrongful death action.
Appeals in criminal cases are somewhat complex and subject to strict time deadlines. Defendants convicted of a crime in the State or Superior Courts in Georgia have a right to direct appeal. At the same time they have a right to file a motion for new trial. Generally, a motion for new trial is filed first which gives the trial court the opportunity to review the case for errors, and it gives the defendant the right to raise the issue of ineffective assistance of counsel. The motion for new trial must be filed within thirty days of the entry of sentence. After the denial of a new trial, a defendant has a right to file an appeal, either to The Georgia Court of Appeals or to The Supreme Court of Georgia, depending upon the circumstances. This notice must be filed within thirty days after the entry of the order denying the new trial. If a defendant foregoes filing a motion for new trial, then an appeal to the higher courts must be filed within thirty days after the entry of sentence, otherwise he or she will waive their right to appeal. There are other instances when a discretionary application must be made to the appellate court and approved before the right to appeal is granted. The average amount of time for a criminal appeal to run its course is between 18 and 36 months, and this can vary due to how fast transcripts are prepared, preparation of the record by the appeals clerk, and, generally, the diligence of the attorney.
A jailed person is normally entitled to a reasonable bond for his or her release before the case is resolved. In determining whether to set a bond, and the amount, a court will consider, among other things, the seriousness of the offense, prior criminal history, and the personís ties to the community. The bond can either be a total cash bond, a surety bond through a professional bondsman (10% to 15% of the face amount of the bond), or a property bond. A defendant convicted of a misdemeanor has an absolute right to an appeal bond unless he or she has been convicted of family violence, a high and aggravated misdemeanor, or a DUI. No appeal bond shall be granted to anyone convicted of certain serious felonies and sentenced to serve seven years or more in prison. A person can have his or her bond revoked while awaiting trial for failing to abide by the terms and conditions of the bond and be re-confined to jail.
Attorney Gary W. Jones is extremely experienced in criminal appeals. If you need a Georgia appellate lawyer who gets results, call Gary.
Burglary has now been divided into 1st and 2nd degrees. According to Georgia law, a person
commits burglary in the 1st degree when, without authority and with the intent to commit a
felony or theft therein, he enters or remains within an occupied, unoccupied, or vacant dwelling
house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure
designed for use as the dwelling of another. The sentence for a first time conviction of this crime
is not less than one nor more than 20 years imprisonment. A person commits the offense of
burglary in the 2nd degree when, without authority and with the intent to commit a felony or theft
therein, he enters or remains within an occupied, unoccupied, or vacant building, structure,
vehicle, railroad car, watercraft, or aircraft. The sentence for a first time conviction of this crime
is not less than one nor more than 5 years. The principal difference between the two crimes is
that one is the dwelling of another while the other is not. The terms of imprisonment rise
significantly for second and third convictions of these offenses.
Armed Robbery is a very serious offense. It is included in what is known as "Georgia's Seven Deadly Sins." Anyone charged with this offense is usually facing a minimum of ten years in prison, which means the court has no choice but to sentence a person convicted of armed robbery to this prison term per each victim. No matter how many years a defendant receives, he or she willserve every day of it, as armed robbery is an offense not eligible for parole consideration, except in the case of a life sentence.
Georgia's drug laws are many, complicated, and constantly changing. The drugs themselves are divided into five classifications called schedules with the most serious being in Schedules One and Two. Marijuana, LSD, heroin, ecstasy are four of the many controlled substances contained in Schedule One, while cocaine, (including crack cocaine), meth, and oxycodone are found in Schedule Two. Simple possession alone of any controlled substance in Schedule One or Two can subject the possessor to imprisonment. The punishment for possession with intent to distribute, manufacture, sell or deliver a controlled substances in Schedule One or Two are much more severe and increase in severity with previous convictions. Many attorneys fail to advise their clients that any conviction, including, but not limited to, possession, distribution, manufacture or sell of a controlled substance, or marijuana, will cause that person's driver's license to be suspended by operation of law for a minimum of six months. A person who has never been convicted of a drug offense may be eligible for what is known as "Conditional Discharge," which means he or she serves a probated term with special conditions. Successful completion of the terms and conditions leads to a dismissal of the charges and that person will not lose his or her driver's license nor will they have a drug conviction on their record. Anyone charged with a marijuana, drug, or narcotics offense needs to retain an attorney. Mr. Jones is very experienced in criminal drug defense.
Expungement of your criminal history has received a lot of attention due to the economy and background checks by prospective employers. Unfortunately, many people are misinformed into thinking their convictions can be erased through expungement. The laws regulating expungement generally govern expunging an arrest if the charge has been dismissed by the prosecutor under certain statutory circumstances. Of course, a person has the right to review his criminal history and check it for accuracy; and, if there is an error as to an arrest or conviction, he or she has the right to request the arrest or conviction be purged completely or changed to reflect the correct charge. If the agency having custody and control of the records fails to do so, then the person or his attorney can appeal to the Superior Court in the county of his or her residence. Expungement, or restrictive viewing of arrest records, is available in some circumstances, such as when one is sentenced for a drug charge under OCGA ß 16-13-2, provided he or she successfully complete probation. Your arrest records are also expunged under the Georgia First Offender Statue if you successfully complete probation. There are several other scenarios where arrest records are expunged or subject to restrictive viewing. It's important to retain an attorney who understands all the options and consequences of a guilty plea or conviction.
Forfeiture involves the governmental confiscation of property in conjunction with certain controlled substances arrests. It is a civil action filed by the district attorneyís office seeking to take such property, e.g., weapons, money, vehicles; and, by law, they must file this complaint within 60 days from the date of seizure and give requisite notice of the seizure to any owner or interest holder who was not present at the time of seizure. The owner or interest holder has a right to contest the action by filing a timely claim containing certain lawfully required information. This action may be compromised or settled in the same matter as other civil actions.
It is a crime to carry a firearm on oneís person outside of oneís home, motor vehicle, or place of business unless you have a license to carry permit issued by the probate court in the county of your residence. If you donít have the carry permit you can still transport a firearm in your vehicle if it is enclosed in a case, unloaded, and separated from the ammunition. Having a pistol under your car seat can get you arrested for carrying a concealed weapon if you donít have a carry permit. Even if you have a carry permit you cannot take your weapon to a public gathering, e.g., a sporting event. For more information on gun and knife laws in this state please refer to my Helpful Websites section.
In Georgia a convicted person has a right to file a habeas corpus within one year of his conviction for a misdemeanor and within four years of his conviction for a felony. A habeas corpus is a civil action and it challenges some aspect of a personís conviction or plea. It is filed in the county where the convicted person is incarcerated. It is subject to the same evidentiary rules and procedures as any other civil action in the state and requires proper pleadings and notice. The Attorney Generalís Office represents the state (prosecution) in these matters. In Georgia a person has an absolute right to withdraw his plea before sentence is pronounced by the court. If a person wishes to withdraw his or her plea after a sentence has been entered by the trial court they must do so by filing a meritorious motion during the same term of court in which the plea was entered. This creates pitfalls, because there are different terms of court for the different judicial circuits in the state, and many attorneys are unaware of the exact terms of their own courts. If a person wishes to withdraw his or her plea outside the term of court in which it was entered then he or she must then file a petition for writ of habeas corpus.
Georgia basically has four designations of murder. Malice murder can trigger the death penalty, or a life sentence, which is currently a minimum of thirty years imprisonment, or a life sentence without parole. Voluntary Manslaughter, a/k/a sudden heat of passion murder, is the next step down and can carry a penalty of up to twenty years imprisonment. Involuntary Manslaughter is next and is divided into felony and misdemeanor classifications: the chief distinction being the commission of an unlawful act other than a felony for a felony conviction, and a lawful act in an unlawful manner for the misdemeanor conviction. Involuntary Manslaughter resulting in a felony conviction can be punished by imprisonment up to ten years. Finally, Georgia, like most states, has what is known as the felony murder rule, which means a person commits the offense of murder when, in the commission of certain life endangering felonies, he causes the death of another human being, irrespective of malice. It is a dangerous law and can have the effect of convicting someone of murder who did not, in actuality, commit the murder. For example, Johnny goes along for a ride with some friends whom he knows is going to rob a store. One of his friends shoots and kills the store clerk while he is outside acting merely as a lookout. As a party to the armed robbery, Johnny can be charged and convicted of felony murder. Unfortunately for Johnny, felony murder carries the same penalty as malice murder, so it makes no difference that he didnít pull the trigger. He can suffer the same consequences as the killer.
Juvenile law is somewhat of a unique practice in Georgia and it is best to retain an attorney who has experience in juvenile court since the procedures and resolutions differ greatly from State or Superior Court. Basically juvenile court handles three types of cases: Deprivation, Delinquency, and Unruliness. Deprivation involves the fitness of the parents and whether a child is in need of protective intervention. The ultimate sanction is termination of parental rights. Delinquency proceedings involve commission of crimes by children under the age of 17. Commission of minor delinquent acts can cause the child to be incarcerated up to 60 days in YDC. Certain more serious crimes, labeled designated felonies, can land the child into the custody of DJJ up to 60 months. There are alternatives to such restrictive custody. If the crime is serious enough, the childís case can be transferred to Superior Court and the child can be tried like an adult. Parents of a child under 18 who commits a willful or malicious act can be sued up to $10,000 for property damages or medical expenses. Unruliness generally involves truancy and habitual disobedience. Children who are subject to the jurisdiction of juvenile court facing delinquent or unruliness charges have the same right to bail as adults. Juvenile Court also handles traffic offenses for 16 year olds.
Unless a person is sentenced to a fine only, or straight time (time served or time to be served in jail or prison only) a person who pleads guilty to a crime or is convicted of a crime as a result of a trial is required to serve some amount of time on probation. While on probation, a person will be required to pay fines, including probation fees, restitution if necessary, and abide by the general and special conditions of probation. If the probationer violates these terms and conditions than the probation officer can issue a probation warrant, causing the probationer to be locked up until a revocation hearing is completed. Violations of a personís conditions are determined at the revocation hearing by the court that originally sentenced the probationer. The standard of proof is established by a preponderance of evidence, a lesser standard than for trial. Depending on the violations, a person can be reinstated or have the balance of the probation revoked. Routinely, an attorney will work something out with the probation office and prosecutor in order to avoid a hearing. Be aware that someone sentenced under first offender treatment can have his or her first offender status revoked, resulting in a conviction, and be sentenced all over again up to the maximum punishment for the original charge.
Unlike a probation hearing, which is conducted in court, a parole review is conducted with The Board of Pardons and Paroles for someone eligible for parole. A prisonerís eligibility is governed by a number of factors, including, but not limited to, victim input, the crime severity level, and conduct in prison. A prisonerís tentative parole date can be found on the Pardons and Parolesí website. Currently the Board has 8 levels in which they category convicted crimesóthe higher the level, the more time you serve, with level 8 requiring a convicted person to serve a minimum 65% to 90% of the time sentenced. There is no parole for someone convicted of Georgiaís Seven Deadly Sins except on a life sentence. Be aware the Boardís guidelines and decision grid change periodically. You should retain an experienced attorney who is aware of the parole grid and the consequences for entering certain pleas as this will affect oneís future parole.
Theft in Georgia takes many forms, e.g., Theft by Conversion, Theft by Deception, Theft of
Services, and, the most common, Theft by Taking. A sliding scale of value is used to determine
whether the theft is a felony or misdemeanor, and a further sliding scale of value is used to
determine the punishment regarding felonies. The scales and penalties can be found in O.C.G.A. ß 16-8-12. Shoplifting merchandise over $500 in value is a felony and subjects the convicted person to imprisonment from one to ten years plus high fines and restitution. In addition, there are enhanced penalties for persons with previous shoplifting convictions. There are also ways for the District Attorney to take the "aggregate value" of separate shopliftings from different stores and time periods to add it up over $500 to make it a felony. Depending upon the jurisdiction, a person who does not have a criminal history may be eligible for a shoplifting diversion program.
Vehicular homicide is divided into degreesófirst degree, of which there are three distinct subsections or categories under the law, and homicide by vehicle in the second degree. Homicide by vehicle in the first degree is always a felony and involves the death of another through traffic offenses like DUI, reckless driving, fleeing or attempting to elude a police officer, and hit and run. Homicide by vehicle in the second degree is punishable as a misdemeanor and is probably the more common of the two. Georgia also has a Feticide by Vehicle law divided into first and second degrees. When someone has been seriously injured by a driver charged in a DUI or reckless driving offense then Georgia has a law called Serious Injury by Vehicle which is a felony, punishable by imprisonment for not less than one year all the way up to fifteen years.
Due to the number of traffic offenses, space permits mention of only the more serious offenses. DUI laws are constantly in flux in Georgia and no mention of penalties will be made as they are subject to change with every session of the legislature. Suffice it to say, if you are convicted of DUI you will serve time in jail, you will pay a heavy fine, and your driverís license will be suspended. A lawyer can help with the first two, but the only way he or she can save your driverís license from being suspended is by acquittal at trial or by having the charged reduced. Also, those so charge are surprised to learn they can face an Administrative License Suspension Hearing, which is an entirely separate and parallel proceeding from traffic court. It falls under what is commonly referred to as the Ten Day Rule, meaning you have ten days after your arrest to send a letter to this agency requesting a hearing on suspension of your driverís license. In other words, if you get served with an ALS notice and fail to request this hearing within ten days then your driverís license will be suspended regardless of what happens in traffic court. DUI law in Georgia is very complicated and has led to a large number of attorneys representing only intoxicated/impaired drivers. It is critical to retain an experienced attorney immediately after your arrest to protect your rights, because not everyone charged with DUI is DUI.
In addition to DUI, there are seven other traffic offenses that require mandatory suspension of your driverís license upon conviction. They are: Vehicular Homicide, Hit & Run, Racing, Fleeing or Attempting to Elude, Commission of any felony in which the motor vehicle is used, Fraudulent or fictitious use of driverís license, which includes driving on a suspended license, and knowingly operating a motor vehicle with a canceled, revoked, or suspended registration. Most drivers donít realize that the DDS can suspend your Georgiaís driverís license if you get convicted of DUI or one of the above seven offenses in another state. Therefore itís very important to fight those particular out-of-state charges. Georgia has whatís been called the point system for negligent or dangerous drivers. This system applies to those 21 or older. It assigns points for every moving traffic violation including child seat belt and restraint violations, from 1 point all the way up to 6 points for Aggressive Driving and a couple of other serious offenses. Most moving violations are 3 points, but speeding, depending on the MPH, can be anywhere from 3 to 6 points. If a person accumulates 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current conviction, then that personís driverís license will be suspended for a period of one year. Completion of an approved defensive driving course will reduce 7 points on a driverís record. This can be done only once every five years. A good attorney can whittle a chargeís points downward or reduce them all together on most offenses. Drivers under 21 and 18 are subject to a much stricter point suspension system. Their license can be suspended for a single 4 point offense. It is extremely important to retain an attorney for any driver under 21 years old. Traffic laws are subject to change regularly so consult an attorney.
More emphasis is being placed on prosecution for white collar and computer crimes. Historically, white collar crime has been associated with non-violence in the fraudulent taking of money by those in middle or upper class society. Thanks to the credit age, anyone in any class may find themselves either victim or defendant in a case involving deposit account fraud, forgery, financial transaction card fraud, and deceptive business practices, which are just some of the more common crimes. Due to technology and what computers can accomplish, white collar crime is no longer limited by social status or cerebral or craft endeavors like manufacturing counterfeit money. Anyone who has a computer may be at risk of finding himself or herself charged with one of Georgiaís many computer related offenses, e.g., computer trespass, invasion of privacy, and password disclosure, which not only call for severe criminal penalties, but also allow for civil relief and damages. If your case is serious enough your attorney may advise hiring a CPA or forensics computer expert for assistance. Attorney Gary Jones has successfully defended a client charged under Georgia RICO laws.
Real Clients -- Real Stories
"My husband died without a will and he owned property in Georgia and Florida. I was recommended to Mr. Jones by one of his former estate clients. Although it was a little complicated and time consuming, everything went through without a hitch." -Venice B. Marietta, Ga
"My husband was rear ended by a teenager driving one of those big lifted pick-up trucks. We were referred to Mr. Jones who filed a lawsuit against the teenager and his father who owned the truck. He got us a nice sum of money. We received thousands more than we would have received if we had used another lawyer because Mr. Jones only charged a 28% contingency fee." -Martha B. Hiram, Ga
"Our family was involved in a serious estate matter and the attorney we first hired gave us some very bad advice and we lost everything.† We hired Mr. Jones and he was able to turn the case around where we recovered a large sum of money." -Dan U. Smyrna, Ga
"My daughter was arrested and charged with a crime in Kennesaw which would have led to a license suspension and jail time. We were referred to Mr. Jones by a Columbus lawyer. Mr. Jones was able to get the charges reduced to save her license and avoid jail time.† We are thankful to both the Columbus lawyer and Mr. Jones." -Sherry W. Columbus, Ga
"I was injured riding my motorcycle when I was hit by a car. I could have gotten one of those television attorneys but I hired Gary. His contingency fee was only 28% and he negotiated a 50% reduction in my hospital bill, which put more money in my pocket." -John F. Marietta, Ga
"A doctor owed me a substantial refund from an employment health care account. They wouldn't give me the time of day, so I hired Mr. Jones, and he got it all back for me." -Don H. Rydal, Ga
"I had used Gary in the past and when a woman talking on a cell-phone rear ended my car and hurt me I hired Gary again. He filed suit against her and collected money for my injuries." -Charlotte W. Dallas, Ga
"As a retired lawyer and judge, I know the value of having good legal representation. That's why I hired Gary Jones to represent me in a situation that could have caused my driver's license to be suspended.† Mr. Jones worked out a deal that saved my driver's license." -Phillip C. Vinings, Ga † "I was charged with a crime resulting from an incident on the interstate.† As a licensed professional and someone who was auditioning for a national television show, I could not afford to have a criminal record, so I hired Gary to represent me.† He was able to get the charges dismissed." -Billy S. Kennesaw, Ga † "Our office recorded a judgment against a Georgia company.† We hired Mr. Jones to collect on it and he has been able to secure a steady stream of money for our Tennessee client, to our satisfaction." -Stanley Lanzo, Attorney at Law Chattanooga, TN
"I was injured in a car accident.† I could have easily chosen a lawyer with a large office and staff, but I picked Gary because his low overhead allowed him to take my case on a reduced contingency, which meant more money for me.† Mr. Jones stayed in regular touch via e-mail, and not only did he obtain all the money available from the insurance company, he negotiated a reduction in my medical bills and gave us some good advice on making some changes to our own automobile insurance policy." -Robin O. Marietta, GA
†"The Court removed my public defender and replaced her with Mr. Jones.† I had been charged with trafficking in methamphetamine and was facing a minimum of ten years in prison and a fine of $200,000.† I was innocent and I decided to stick with Mr. Jones.† He did some research and filed some motions and all the charges against me were dropped." -Keith T. McMinnville, TN
"I had a $20,000 judgement entered against me.† I hired Mr. Jones and he not only stopped the collection process, but he opened the judgement back up and filed defensive pleadings which ultimately led to the lawsuit against me being dismissed." -Rosemary Y. Kennesaw, GA
"My husband was charged with numerous accounts of aggravated assault on police officers and was facing certain prison.† We hired Mr. Jones and he worked on the case for over a year and was able to get my husband straight probation, avoiding jail or prison altogether.† He was able to do this because he was ready to try the case." -Lynn H. Hiram, GA
"I was hit by a drunk driver.† I hired Mr. Jones and he not only got all the money available from the drunk driver's insurance company, but he also obtained money from my own insurance company." -Julian A. Marietta, GA
"I was a contractor working on a home when I was falsely accused of theft.† Mr. Jones handled my defense and I was acquitted through a jury trial.† He stood up to the judge and prosecutor and saved me from possibly going to prison." -Robert T. Decatur, GA
"My son was represented by a public defender who pled him to prison on a minor felony. We were referred to Mr. Jones since we wanted to file an appeal to overturn his sentence.† Mr. Jones advised us it would be a waste of time and money. I appreciated his honesty, so I hired him to handle my son's felony charge in another county.† Mr. Jones was able to run that sentence under the other one which enabled him to be paroled earlier." -Myrtle A. Atlanta, GA