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The Writ of Habeas Corpus

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The Writ of Habeas Corpus

If someone you know has been imprisoned in Augusta, GA , contact a criminal law firm
A petition for habeas corpus generally includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are allowed to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in cases of national emergency.

Once the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it will grant a writ, deny the petition, or schedule a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced in court as ordered.

If a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The purpose of a hearing on a writ of habeas corpus is not to decide if the prisoner is innocent or not, but is instead to determine if the legal basis claimed for the imprisonment is lawful. When the detention is unlawful, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For example, a prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds that bail amount is excessive and provides relief the prisoner may still have to stand trial on the underlying charge.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

The Habeas Petition

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The Habeas Petition

The petition for habeas corpus seeks that a court issue a writ, ordering that the prisoner be produced in the court at a fixed place, date and time.

In the beginning, the petition for habeas corpus used to be filed to ask that the custodian of the prisoner be ordered to bring the prisoner to a county court to testify in a legal proceeding. This function of a petition for habeas corpus still exists, where the prisoner is in the custody of another county or penal system, and the prisoner's presence is necessary for a legal proceeding. Typically, the prisoner will be moved to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner during court proceedings and returning the prisoner to the other jurisdiction at the conclusion of the proceedings. However, when most individuals think of a writ of habeas corpus, they think of something more significant - a petition demanding that the custodian of a prisoner explain in court the lawful grounds upon which the prisoner has been detained. This category of writ is generally considered to be an "extraordinary remedy", meaning that the prisoner has exhausted all other remedies of relief or appeal, and no other adequate avenue remains. The writ of habeas corpus can seek relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Augusta, GA , contact a criminal attorney.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Defendant’s rights when facing forfeiture in Augusta, GA

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Defendant’s rights when facing forfeiture in Augusta, GA

Your rights, and the procedure involved in criminal forfeiture, varies significantly from state to state, and also depending upon the statute you are accused of violating. If you are facing criminal forfeiture of your properties, you may be given notice in advance of your prosecution. Many times, criminal forfeiture process will be initiated at the time of, or after conviction.

The method in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is generally advisable to seek advise from a lawyer, if you are facing any type of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in many ways. However, while criminal forfeiture imposes an additional penalty upon the owner of property for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to start, the owner of the property should be convicted of a crime, but civil forfeiture might happen although the owner is acquitted. In few instances, the property owner might not even be charged with a crime. Civil forfeiture actions has to show "beyond a reasonable doubt" that the property has a enough relationship to a crime to justify its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."

If you are facing forfeiture in Augusta, GA , contact an attorney immediately.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Criminal forfeiture in Augusta, GA

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Criminal forfeiture in Augusta, GA

Criminal forfeiture in Augusta, GA means the taking of the properties by the state, due to its relationship to a criminal activity. Forfeiture regulation vary from state to state, and may be broader or narrower based on the criminal activity committed and the laws of your jurisdiction. But, generally, criminal forfeiture will be sought if the properties are used in the commission of a criminal activity, or was obtained by an offense.

Criminal forfeiture occurs if, after the owner is convicted of a crime, and if forfeiture is possible under the laws of the jurisdiction, it is shown that your property has a sufficient connection to the criminal offense to justify depriving you of the property rights. For instance, the jurisdiction may have a rule which provides the court the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office can request forfeiture of the properties including your business or home if you are convicted of particular offenses, including drug trafficking or racketeering.

If you are facing a charge that involves likely criminal forfeiture, you can include the issue of forfeiture in the plea negotiations that might occur with the prosecution.

If you are facing forfeiture in Augusta, GA , contact a lawyer immediately.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta, GA White Collar Crimes

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Augusta, GA White Collar Crimes

"White Collar Crimes" mean a category of criminal activities which usually occur in businesses or corporations, like "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically consist of some kind of fraud or dishonesty. These offenses are committed using apparently legal businesses. At times the management of the business are associated with the criminal offense, while on many occasions the crime is committed by an individual of the corporation, without the knowledge of anyone else.

A corporation in Augusta, GA which does not respond properly to a crime, or allegations of a criminal activity, can appear to be involved in that criminal activity. Especially if the business is subject to state or federal regulation, it is vital to have the appropriate compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. When the business does not wish to be made responsible for illegal conduct, or desires to reduce its liability, the best means of doing so is usually to assist with the investigation of the wrongful conduct.

There may also be instances when the business appears to be so heavily associated with the offense that a criminal charge is initiated against the business itself. This typically happens if it appears that the management of the business were so involved in, or so indifferent to, the criminal activity that the entire corporation appears to have actively permitted the criminal offense.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta, GA Criminal Defense attorney

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Augusta, GA Criminal Defense attorney

Usual "civil infractions" include "moving violations", such as "speeding" and "failure to yield." Many times people get confused, if they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Augusta, GA will be considered criminal offenses, and will establish a criminal record. Most traffic misdemeanors also have "points" that will be added to the defendant's driving record, and some require the revocation of a driver's license. If you are ticketed for a "misdemeanor," the ticket will likely indicate the nature of the charge, and you must to appear in court. When the charge is a "civil infraction," you generally will not have to appear in court when you pay a fine by mail.

A defendant charged with a misdemeanor in Augusta, GA has lesser legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a consequence of conviction, he has no right to a lawyer. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six man juries, but felonies are typically tried before twelve person juries. Many other rights are the same, for both felonies and misdemeanors.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta, GA DUI lawyer

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Augusta, GA DUI lawyer

Drunk driving happens if an individual is driving an automobile, after consuming alcoholic beverages to the extent that his ability to drive the vehicle is impaired. Most people charged with drunk driving claim that their driving was alright. They believe that the officer created an excuse to pull them over, or that the "mistake" that the officer noticed did not concern their driving.

Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you can be considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you had. The legal limit for blood alcohol in Augusta, GA, is generally 0.08%, although drunk driving charges are also possible based upon your driving conduct even at a lesser BAC.

Besides, you may be stopped as there is a mechanical fault with your car. If the officer finds you to appear drunk (usual signs: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.

The punishments vary substantially from state to state. All drunk driving offenses in Augusta, GA may result in a jail term. However, most first offenders are given lesser penalties, like driver's license restrictions, fines, compulsory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta GA Juvenile Expungement defense law firm

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Augusta GA Juvenile Expungement defense law firm

Benefits of Having Your Juvenile Record Expunged in Columbia County Georgia

The entire process for expungement requires about 90 days. Again this varies from state to state. When the order has been passed, the record custodian must notify you and the court that the order has been acted upon. This should be done within 60 days from the date of the order. Again this time period varies from state to state. Make sure that you receive this information. You must not assume that your records have been expunged till you receive this information from the custodian.

Make sure that you apply for and obtain a certified copy of the order.

Benefits of Having Your Records Expunged:

You get your driving privileges and rights restored.
Your employment opportunities improve. You can answer no on employment applications on questions concerning criminal records.
You regain access to many professional licenses.
law enforcement are not permitted to use expunged records to enhance any future charge.

If your application for expungement is successful then it is legally viewed as if the conduct never occurred. You will have all privileges and rights restored and be completely exonerated.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Columbia County Georgia Juvenile Expungement process criminal lawyers

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Columbia County Georgia Juvenile Expungement process criminal lawyers

Columbia County GA Juvenile Expungement procedure

When you file your petition, it is sent to the States Attorney and the concerned law enforcement authority. If the both of them do not object to the petition, the court will pass an order of expungement of all law enforcement and court records about the charges against you. There is a time period for objection by the States Attorney and the law enforcement agency. This time period differs from state to state.

If either of them objects to your petition, the court will hold a hearing and will inform you the date of the hearing. On the hearing date, you should remain present in the court and argue your case. If you successfully argue your case, the papers are dispatched to the Expungement Clerk who forwards it to the State Bureau of Investigation which conducts an extensive criminal records check in all counties. The papers are then sent to the Administrative Office of the Courts to check if an expungement was earlier done. In many states you can apply for expungement only once in your lifetime. Once the court confirms that you have not received an expungement in the past and you have not been convicted of any felony or misdemeanors, other than a traffic violation, the court will issue an order directing expungement of all law enforcement and court records about the charges against you and direct that all law enforcement agencies having record of the same expunge their public records.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Richmond County Georgia Juvenile Expungement procedure criminal lawyers

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Richmond County Georgia Juvenile Expungement procedure criminal lawyers

Juvenile Expungement in Augusta GA

Expungement means the removal of police and court records from public access. Your records are not be physically destroyed, but they will be sealed and considered as confidential.

To expunge a DUI conviction in simple terms means to seal or destroy your conviction records. You can expunge your DUI conviction by law and by inherent judicial authority. In expungement, the judge orders the sealing or erasing of the legal record of an arrest or conviction. The record is sealed or erased in the eyes of law. It is as if the arrest or conviction never happened.

The criteria for expungement and the process varies from state to state. But the typical eligibility criteria are:
1. You should be a first time offender.
2. A certain amount of time must be over between conviction and seeking the expungement of that conviction.
3. You must have no pending criminal charges at the time of the request.
4. You must have been rehabilitated.

You must either by yourself or through an attorney acting on your behalf should petition the court for expungement of all official public records of your arrest and conviction. A petition for expungement must be on the standard form which is available at the county court where you were convicted.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta GA Juvenile parole procedure defense lawyers

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Augusta GA Juvenile parole procedure defense lawyers

Columbia County GA Juvenile probation rules

Probation is extensively used in Juvenile Court, as you might expect in a court where the primary objective for its existence is the rehabilitation of the youthful offender. The goal typically is not just to dump the offender into juvenile detention, but work with him and the parents to sort out the issues that landed him in trouble.
A juvenile Probation Officer has many more responsibilities and powers than an adult probation officer. He can become involved before charges being brought, to counsel the youth, or take other actions. But, once a criminal violation petition is brought and sustained by the Juvenile Court, the Probation Officer plays a more traditional role.

If a juvenile gets in trouble, but his involvement is not extremely serious, his parents appear capable and competent, and the police do not consider that a full petition for wardship is required, they can present the juvenile before a Juvenile Probation Officer for initial intake and counseling. The Officer may just talk to him in presence of the parents, or assist them in retaining better control over their child. This is not really being on probation, but it is useful and sufficient in many cases and avoids bringing the juvenile into the legal process.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.