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Can You Avoid Jail Time After a DUI Conviction in Georgia?

Fri, 03 Apr 2026 14:47:57 GMT

Can You Avoid Jail Time After a DUI Conviction in Georgia?

A DUI conviction in Georgia can carry serious consequences, including fines, license suspension, and even jail time. However, many individuals facing these charges wonder whether it is possible to avoid incarceration. The answer depends on several factors, including the circumstances of the case, prior offenses, and the strength of the legal defense. Understanding how Georgia law treats DUI convictions can help you better prepare for what lies ahead.

Understanding DUI Penalties in Georgia

Georgia imposes strict penalties for driving under the influence. Even a first-time conviction may include mandatory jail time, though courts sometimes allow alternatives. Penalties generally increase with each subsequent offense, making it more difficult to avoid incarceration for repeat offenders.

For a first DUI conviction, Georgia law allows for a minimum jail sentence, but judges may suspend or reduce this requirement in certain situations. Second and third offenses carry more severe penalties, including longer mandatory jail terms and fewer opportunities for leniency.

Factors That May Help You Avoid Jail Time

Avoiding jail time after a DUI conviction is not guaranteed, but several factors may influence the outcome:

First-time offense: Courts are often more lenient with individuals who have no prior DUI history.
Low blood alcohol concentration (BAC): A BAC closer to the legal limit may be viewed more favorably than significantly higher levels.
No aggravating circumstances: Cases involving accidents, injuries, or minors in the vehicle are treated more harshly.
Compliance with law enforcement: Cooperative behavior during the arrest process may be considered positively.

Judges often evaluate the totality of the circumstances before deciding whether to impose jail time or consider alternatives.

Alternative Sentencing Options

In some cases, Georgia courts may offer alternatives to jail time, particularly for first-time offenders. These alternatives may include:

Probation
Community service
DUI education or risk reduction programs
Substance abuse counseling
Installation of an ignition interlock device

These options aim to promote rehabilitation while still holding the individual accountable for their actions.

The Importance of Legal Representation

A strong legal strategy can significantly impact whether jail time is imposed. Challenging evidence, questioning the legality of the traffic stop, or identifying procedural errors may reduce or even dismiss charges. Even when a conviction cannot be avoided, legal representation can help negotiate for reduced penalties or alternative sentencing.

At The Lopes Law Firm, we can provide legal assistance to the Atlanta public by carefully reviewing each case and advocating for the most favorable outcome possible.

Long-Term Consequences Beyond Jail

Even if jail time is avoided, a DUI conviction can have lasting effects. These may include increased insurance costs, a permanent criminal record, and difficulties with employment or housing. Addressing the charge effectively from the start can help minimize these long-term consequences.

Taking the Right Steps After a DUI Charge

If you are facing a DUI charge in Georgia, acting quickly is critical. Gathering evidence, complying with court requirements, and seeking legal guidance early can improve your chances of avoiding harsher penalties.

The Lopes Law Firm understands how stressful these situations can be and works to protect the rights and future of individuals throughout Atlanta.

Who Pays Compensation to Victims in a Georgia Personal Injury Case?

Tue, 10 Mar 2026 15:19:00 GMT

Who Pays Compensation to Victims in a Georgia Personal Injury Case?

When someone suffers injuries due to another party’s negligence, the financial consequences can be overwhelming. Medical bills, lost income, and long-term recovery costs can create significant stress for victims and their families. In Georgia, personal injury law allows injured individuals to pursue compensation from the parties responsible for their injuries. Understanding who may be responsible for paying compensation can help victims better navigate the legal process and protect their rights.

At The Lopes Law Firm, we can provide legal assistance to the Atlanta public in pursuing compensation after a personal injury .

The At-Fault Party

In most Georgia personal injury cases, the person or entity responsible for causing the accident is legally responsible for paying damages. This is known as the “at-fault” system. If someone’s careless or reckless behavior leads to another person’s injuries, the injured individual may pursue compensation through a personal injury claim.

For example, a negligent driver who causes a car accident may be responsible for the injured party’s damages. Similarly, a property owner who fails to maintain safe premises may be liable if someone is injured due to unsafe conditions.

Insurance Companies

Although the at-fault party is legally responsible for the damages, compensation is often paid by an insurance company. Most individuals and businesses carry liability insurance to cover accidents that result in injuries.

In many personal injury cases, the injured victim files a claim with the responsible party’s insurance provider. This may include:

Auto insurance in car accident cases
Property insurance in premises liability cases
Commercial insurance for business-related accidents

Insurance companies typically investigate the claim and may offer a settlement to resolve the matter.

Employers and Businesses

In some situations, an employer or business may be responsible for compensation if their employee caused the injury while performing work duties. Under the legal principle of “vicarious liability,” companies may be held responsible for the negligent actions of their employees when those actions occur within the scope of employment.

For instance, if a delivery driver causes a crash while making deliveries for their employer, the employer’s insurance policy may cover the damages.

Multiple Responsible Parties

Some personal injury cases involve more than one responsible party. For example, a car accident may involve multiple drivers who each contributed to the collision. Georgia follows a modified comparative negligence rule, which allows injured individuals to recover compensation as long as they are less than 50 percent responsible for the accident.

When multiple parties share responsibility, compensation may be divided based on each party’s level of fault.

Compensation Through a Lawsuit

If an insurance company denies liability or offers an unfair settlement, victims may pursue compensation through a personal injury lawsuit. A court may award damages for medical expenses, lost wages, pain and suffering, and other losses related to the injury.

Filing a lawsuit may also become necessary if negotiations with the insurance company do not result in a reasonable resolution.

How Legal Assistance Can Help

Determining who is responsible for paying compensation in a Georgia personal injury case can be complicated. Insurance companies, businesses, and multiple parties may all be involved in the process. Gathering evidence, proving negligence, and negotiating with insurers often require careful legal preparation.

At The Lopes Law Firm, we can provide legal assistance to the Atlanta public and help injured individuals pursue the compensation they may be entitled to under Georgia law.

Can You Travel Out of State While Facing Criminal Charges In Georgia?

Fri, 20 Feb 2026 16:17:46 GMT

Can You Travel Out of State While Facing Criminal Charges In Georgia?

Facing criminal charges in Georgia can disrupt every part of your life—including your ability to travel. Whether you need to leave the state for work, family matters, or a planned vacation, it is important to understand how pending charges may affect your freedom to travel.

At The Lopes Law Firm, we provide legal assistance to the Atlanta public and help individuals understand their rights and obligations while their criminal case is ongoing.

How Bond Conditions Affect Travel

If you have been arrested and released on bond in Georgia, your ability to travel will largely depend on the specific conditions set by the court. Judges often impose bond conditions to ensure that a defendant appears at future court dates and does not pose a risk to the community.

Some bonds allow unrestricted travel within the state but prohibit leaving Georgia without prior approval. Others may require you to remain within a certain county. In more serious cases, your passport may be surrendered, or travel may be strictly limited.

Violating bond conditions can result in serious consequences, including bond revocation, re-arrest, and additional criminal charges.

Travel Before Bond Is Set

If you have been charged but have not yet had a bond hearing, travel is generally not advisable. Leaving the jurisdiction before resolving bond conditions could negatively impact your case and may result in a warrant for your arrest.

It is always best to consult with a criminal defense attorney before making any travel plans.

Permission to Travel Out of State

In some situations, the court may allow out-of-state travel with prior approval. This often requires filing a motion with the court explaining the reason for travel and providing specific details such as travel dates, destination, and contact information.

Judges are more likely to grant permission if:

You have no history of failing to appear in court
The charges are non-violent
You have strong ties to the community
You have complied with all bond conditions so far

An attorney can present your request in a way that addresses the court’s concerns and improves your chances of approval.

Federal Charges vs. State Charges

Travel restrictions can be stricter in federal criminal cases. Federal courts often impose detailed pretrial supervision conditions, including location monitoring or travel restrictions outside a designated district.

If you are unsure whether your charges are being handled in state or federal court, reviewing your paperwork or speaking with an attorney can provide clarity.

Consequences of Traveling Without Permission

Leaving Georgia without court approval when restrictions are in place can have serious repercussions. The court may:

Issue a bench warrant for your arrest
Revoke your bond
Increase your bond amount
Impose additional penalties

Even a misunderstanding about your travel rights can complicate your case. Taking proactive legal steps can help you avoid unnecessary risks.

How Legal Guidance Can Help

Every criminal case is different, and travel permissions depend heavily on the specific facts and court orders involved. Understanding your bond paperwork, reviewing court orders, and communicating properly with the court are all critical steps before leaving the state.

At The Lopes Law Firm, we assist individuals in Atlanta who are facing criminal charges and need guidance on navigating bond conditions, court requirements, and protecting their rights throughout the legal process.

What Is the Statute of Limitations for a Premises Liability Case in Georgia?

Sat, 31 Jan 2026 19:30:40 GMT

What Is the Statute of Limitations for a Premises Liability Case in Georgia?

When someone is injured on another person’s property, Georgia law allows the injured party to pursue a premises liability claim. However, these cases are subject to strict time limits. Understanding the statute of limitations is critical, because missing the deadline can mean losing the right to seek compensation altogether. At The Lopes Law Firm , we can provide legal assistance to the Atlanta public and help injured individuals understand their options under Georgia law.

Understanding Premises Liability in Georgia

Premises liability cases arise when a property owner or occupier fails to maintain reasonably safe conditions, leading to injuries. Common examples include slip and fall accidents, injuries caused by broken stairs or handrails, poor lighting, falling merchandise, or unsafe walkways. To succeed in a claim, the injured person generally must show that the property owner knew or should have known about the dangerous condition and failed to correct it or warn visitors.

Georgia’s Statute of Limitations for Premises Liability Cases

In Georgia, most premises liability cases fall under the state’s personal injury laws. The statute of limitations for personal injury claims, including premises liability cases, is two years from the date of the injury. This means an injured person typically has two years from the day the accident occurred to file a lawsuit in civil court.

If a claim is not filed within this two-year window, the court will likely dismiss the case, regardless of how strong the evidence may be. This makes it essential to act promptly after an injury occurs.

When Does the Clock Start Running?

In most situations, the statute of limitations begins on the date of the accident. For example, if someone slips and falls in a grocery store on March 1, 2026, the deadline to file a lawsuit would generally be March 1, 2028.

However, certain circumstances may affect when the clock starts or how long it runs. For instance, cases involving minors, legal incapacity, or claims against government entities may follow different rules or shorter notice requirements. Because these exceptions can be complex, it is important to review the details of your situation carefully.

Why Acting Quickly Matters

Even though two years may sound like plenty of time, premises liability cases often require early investigation. Evidence such as surveillance footage, maintenance records, witness statements, and photographs of the hazardous condition may be lost or destroyed over time. Acting quickly can help preserve critical evidence and strengthen a claim.

How Legal Guidance Can Help

Determining whether the statute of limitations applies, identifying any exceptions, and preparing a strong case can be challenging. A clear understanding of Georgia law can help injured individuals make informed decisions about pursuing compensation for medical bills, lost wages, and other damages.

At The Lopes Law Firm , we can provide legal assistance to the Atlanta public by explaining how the statute of limitations applies to premises liability cases and helping clients take timely action to protect their rights.

The Role of a Private Investigator in a Georgia Criminal Defense Case

Tue, 30 Dec 2025 15:45:19 GMT

The Role of a Private Investigator in a Georgia Criminal Defense Case

When someone is facing criminal charges in Georgia, building a strong defense requires more than legal strategy— it requires uncovering the full story behind the allegations. Private investigators play an important role in strengthening a criminal defense case, helping uncover evidence, locate witnesses, and challenge the prosecution’s claims. At The Lopes Law Firm, we work with skilled investigators to help the Atlanta community navigate the criminal justice process with confidence.

 How Private Investigators Support a Georgia Criminal Defense Case

1. Conducting Independent Investigations
Law enforcement investigations often focus on gathering evidence to support charges. A private investigator, however, examines the situation from a defense perspective. This includes reviewing police reports, analyzing incident details, and identifying weak points in the prosecution’s case.

2. Locating and Interviewing Witnesses
Witness testimony can significantly impact a criminal case. Investigators often locate individuals who may have seen or heard something relevant but were never contacted by police. They also interview witnesses to gather statements, verify timelines, and uncover contradictions in the prosecution’s evidence.

3. Gathering Physical and Digital Evidence
Investigators may collect security footage, photographs, cell phone records, or other documentation that helps clarify what truly happened. This type of evidence can be essential in presenting a more accurate account of events to the court.

4. Reconstructing Events
Sometimes, understanding the sequence of events requires more detailed analysis. Private investigators may recreate the scene of an incident, evaluate lighting and visibility, or map out timelines. These efforts help present a clear narrative that challenges assumptions made by prosecutors.

5. Exposing Errors and Misconduct
An independent investigation may reveal issues in how police handled the case—such as incomplete reports, flawed procedures, or overlooked evidence. Highlighting these problems can strengthen the defense and protect the defendant’s rights.

Why Investigators Matter in Georgia Criminal Defense

Georgia’s legal system allows prosecutors significant resources. To ensure a fair fight, defendants must have access to the tools and information necessary to challenge the allegations. A private investigator helps level the playing field by providing critical evidence that may otherwise remain hidden.

At The Lopes Law Firm, we believe in thorough, strategic defense work. Our team works closely with investigators to uncover facts, preserve evidence, and pursue the strongest possible defense for the Atlanta public.

Understanding Georgia’s Gun Laws: What Counts as Illegal Possession?

Thu, 13 Nov 2025 15:30:49 GMT

Understanding Georgia’s Gun Laws: What Counts as Illegal Possession?

Georgia is known for having relatively permissive gun laws, but that doesn’t mean all firearm possession is legal. Knowing what qualifies as “illegal possession” under Georgia law is essential for protecting your rights and avoiding serious criminal charges.

Who Can Legally Possess a Gun in Georgia?

In general, Georgia law allows most adults aged 21 and older to possess and carry firearms without a permit, thanks to the state’s “constitutional carry” law enacted in 2022. However, there are important restrictions that make firearm possession illegal for certain individuals and in specific locations.

When Firearm Possession Becomes Illegal

Under Georgia Code §16-11-131, it is unlawful for the following individuals to possess a firearm:

Convicted felons , unless their rights have been restored.
Individuals on probation for certain violent or drug-related offenses.
People with active restraining orders related to domestic violence.
Individuals adjudicated mentally incompetent or who have been committed to a mental institution.
Minors under 18 , except in limited cases such as supervised hunting or training.

In addition, possession becomes illegal in certain restricted areas , including:

Schools and school property
Government buildings and courthouses
Secure areas of airports
Jails, prisons, and detention centers

Violating these laws can lead to felony charges, lengthy prison sentences, and permanent loss of gun rights.

What To Do If You’re Accused of Illegal Gun Possession

A charge of unlawful firearm possession is a serious matter that can impact your future, even if the accusation arises from a misunderstanding. It’s critical to understand your rights and avoid speaking to law enforcement without legal counsel.

At The Lopes Law Firm , we can provide legal assistance to the Atlanta public. Our team can help you understand Georgia’s firearm laws, investigate the details of your case, and build a defense strategy aimed at achieving the best possible outcome.

Understanding the Legal Definition of Negligence in Georgia

Thu, 09 Oct 2025 17:45:53 GMT

Understanding the Legal Definition of Negligence in Georgia

Negligence is a foundational concept in personal injury law. In Georgia, understanding what constitutes negligence can make the difference between winning and losing a case. If you’ve been injured due to someone else’s carelessness, it’s important to understand how state law defines negligence and what you need to prove in order to recover compensation.

What Is Negligence Under Georgia Law?

Negligence occurs when a person or entity fails to exercise the level of care that a reasonably prudent person would under similar circumstances. In other words, it’s a failure to act responsibly, resulting in harm to another.

To establish a negligence claim in Georgia, the injured party (the plaintiff) must prove four essential elements:

Duty of Care: The defendant owed a legal duty to the plaintiff. For example, drivers have a duty to operate their vehicles safely.
Breach of Duty: The defendant breached that duty through an act or omission, such as texting while driving.
Causation: The defendant’s breach directly caused the plaintiff’s injury.
Damages: The plaintiff suffered actual harm or losses as a result, such as medical bills or lost wages.

Comparative Negligence in Georgia

Georgia follows a modified comparative negligence rule. This means that if you are found to be partially responsible for your injuries, your compensation may be reduced by your percentage of fault. However, if you are 50% or more at fault , you cannot recover damages.

For example, if you were found 20% at fault in an accident and awarded $100,000, your recovery would be reduced to $80,000.

Why Legal Guidance Matters

Negligence cases can be complex, involving detailed investigations, expert testimony, and strict legal deadlines. Proving fault requires strong evidence and strategic presentation. Having an experienced attorney ensures your rights are protected and your case is built on solid legal grounds.

At The Lopes Law Firm , we can provide legal assistance to the Atlanta public. Our team helps clients understand their rights and pursue fair compensation for injuries caused by another’s negligence.

What Is a Wrongful Death Claim—and How Is It Different from a Criminal Case in Georgia?

Fri, 26 Sep 2025 16:34:32 GMT

What Is a Wrongful Death Claim—and How Is It Different from a Criminal Case in Georgia?

Losing a loved one unexpectedly can leave families with overwhelming grief and difficult legal questions. In Georgia, surviving family members may have the right to pursue a wrongful death claim if someone else’s negligence or misconduct caused the death. Understanding how this civil action differs from a criminal case can help families determine their legal options.

What Is a Wrongful Death Claim?

A wrongful death claim in Georgia is a civil lawsuit filed by surviving family members—such as a spouse, children, or parents—when a loved one’s death is caused by another party’s negligence, recklessness, or intentional actions. Examples include fatal car accidents, medical malpractice, defective products, or unsafe premises.

The goal of a wrongful death case is to compensate the family for their loss. This may include damages for:

The full value of the deceased person’s life (economic and intangible losses).
Funeral and burial expenses.
Medical costs related to the final injury.

How It Differs from a Criminal Case

While both wrongful death claims and criminal cases may arise from the same incident, they serve different purposes:

Wrongful Death Claim (Civil Case):
Brought by family members of the deceased.
Seeks financial compensation.
Requires proof by a “preponderance of the evidence” (more likely than not).
Criminal Case:
Brought by the state against the accused person.
Seeks punishment such as jail time, fines, or probation.
Requires proof “beyond a reasonable doubt,” a much higher standard.

Importantly, a person can face both a wrongful death lawsuit and a criminal case from the same act. For example, a drunk driver who causes a fatal accident may face DUI charges in criminal court and also be sued by the victim’s family in civil court.

Why Legal Guidance Matters

Wrongful death claims in Georgia are subject to strict deadlines and legal requirements. Having knowledgeable legal representation can help families navigate the process, preserve evidence, and pursue the compensation they deserve.

At The Lopes Law Firm, we provide legal assistance to the Atlanta public and help families protect their rights during this difficult time.

How to Challenge Field Sobriety Tests in a Georgia DUI Case

Mon, 18 Aug 2025 17:09:45 GMT

How to Challenge Field Sobriety Tests in a Georgia DUI Case

When someone is pulled over for suspected drunk driving in Georgia, officers often use field sobriety tests (FSTs) as part of their investigation. These tests—such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus—are intended to measure coordination, balance, and focus. However, they are not always accurate indicators of impairment. If you were charged with DUI after taking a field sobriety test in Atlanta, there may be grounds to challenge the validity of those results.

Common Issues with Field Sobriety Tests

Field sobriety tests are not foolproof. In fact, many factors unrelated to alcohol consumption can affect performance, including:

Medical conditions: Inner ear problems, neurological conditions, or even anxiety may impact balance or coordination.
Environmental factors: Poor lighting, uneven pavement, or bad weather can make it difficult to perform the tests correctly.
Officer error: If the officer failed to give proper instructions or deviated from standardized procedures, the results may be unreliable.
Physical limitations: Age, weight, or injuries can affect how a person performs, regardless of sobriety.

Legal Grounds for Challenging FSTs in Georgia

A defense attorney may challenge the use of field sobriety tests in several ways, including:

Questioning Reliability: Highlighting that these tests are not scientifically accurate enough to prove impairment beyond a reasonable doubt.
Cross-Examining the Officer: Pointing out inconsistencies in the officer’s instructions, observations, or testimony.
Presenting Alternative Explanations: Showing that physical or environmental factors explain why the test appeared to be failed.
Excluding Evidence: In some cases, a judge may decide the FST results are inadmissible if procedures were not followed properly.

Why Legal Help is Important

DUI charges in Georgia carry serious penalties, including fines, license suspension, and possible jail time. Because field sobriety tests are subjective and often flawed, challenging them may be a critical part of your defense. At The Lopes Law Firm, we provide legal assistance to individuals in Atlanta facing DUI charges and work to ensure that unreliable evidence is not unfairly used against them.

Can the Police Search My Car Without a Warrant in Georgia?

Fri, 18 Jul 2025 14:24:14 GMT

Can the Police Search My Car Without a Warrant in Georgia?

If you're pulled over in Georgia, you might wonder whether police officers can search your car without a warrant. The answer is: it depends . While the Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures, there are several key exceptions that allow police to conduct warrantless vehicle searches.

When Can Police Search Your Car Without a Warrant in Georgia?

Georgia follows federal law when it comes to vehicle searches. Here are the most common situations where a search may be allowed without a warrant:

1. Probable Cause

If an officer has probable cause to believe your vehicle contains evidence of a crime, contraband, or illegal items, they may search your car without a warrant. For example, if they smell marijuana or see drug paraphernalia in plain view, that may justify a search.

2. Consent

If you give the officer permission to search your car, they can proceed without a warrant. It’s important to know you have the right to refuse consent .

3. Search Incident to Arrest

If you are arrested, police may search areas within your immediate reach—like the front seat—to look for weapons or evidence that could be destroyed.

4. Impound Inventory Searches

If your vehicle is impounded , law enforcement can inventory its contents without a warrant as part of standard procedures.

5. Exigent Circumstances

In emergency situations—such as when there’s a threat to public safety or a risk evidence may be destroyed—officers may conduct a warrantless search.

What Should You Do If Your Car Is Searched?

Stay calm and polite
Do not resist the officer
Do not consent if you don’t want the search
Record details of the encounter, if possible
Speak with an attorney as soon as you can

An illegal search could result in evidence being thrown out, which may weaken the case against you. That’s why understanding your rights is critical.

Get Legal Help from The Lopes Law Firm

At The Lopes Law Firm, we assist individuals in the Atlanta area who have been subjected to vehicle searches or are facing criminal charges. If you believe your rights were violated during a traffic stop or vehicle search, contact us to discuss your legal options. We’re here to protect your constitutional rights and help you navigate the criminal justice process.

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Georgia

Thu, 19 Jun 2025 14:52:03 GMT

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Georgia

When a motorcycle crash happens, the consequences can be far more severe than in a typical car accident. At The Lopes Law Firm, we understand the unique legal and insurance issues that arise in motorcycle accident claims across Atlanta and throughout Georgia. Here's why these cases are different — and why it’s critical to approach them with the right legal support.

Greater Risk, Greater Injuries

Motorcyclists are more exposed to serious harm in an accident. With no steel frame, airbags, or seatbelts, a motorcyclist often suffers life-altering injuries such as spinal damage, traumatic brain injuries, or broken bones — even in seemingly minor crashes. These injuries can lead to extended recovery times, long-term medical care, or permanent disability, which increases the value and complexity of the claim.

Bias Against Riders

Unfortunately, there is a persistent bias that motorcyclists are “reckless” or “risk-takers.” Insurance companies may use these stereotypes to reduce their payouts or unfairly assign blame to the rider. A key part of a successful motorcycle accident claim is pushing back against this bias with clear evidence and strong advocacy.

Different Insurance Coverage Challenges

Motorcycle insurance policies often have different terms and lower limits than auto policies. Some riders may carry minimal coverage, and certain damages like custom bike modifications or gear may not be covered unless specifically added. In hit-and-run or uninsured motorist situations, motorcyclists may have fewer recovery options unless they’ve opted into comprehensive protections.

Georgia's Comparative Negligence Rules

In Georgia, an injured person can only recover damages if they are less than 50% at fault for the crash. Insurance adjusters often

attempt to shift blame onto the motorcyclist to reduce or deny a payout. Having a law firm that knows how to investigate and document these cases thoroughly is essential to overcoming such tactics.

Why Legal Help Matters

Motorcycle accident claims often require accident reconstruction, medical experts, and an in-depth understanding of Georgia injury law. At The Lopes Law Firm, we provide legal assistance to the Atlanta public with an approach tailored to the challenges motorcyclists face after a crash. From filing the claim to negotiating with insurers and preparing for trial if needed, we work to secure the compensation our clients deserve.

Navigating DUI Charges with a Commercial Driver's License (CDL) in Georgia

Fri, 16 May 2025 20:27:33 GMT

Protecting Your CDL and Your Future After a DUI Arrest in Georgia

For commercial drivers, a DUI charge in Georgia carries especially severe consequences. Unlike standard drivers, those with a Commercial Driver’s License (CDL) are held to higher legal standards and face harsher penalties. Whether the DUI occurred while operating a personal vehicle or a commercial truck, the impact can be devastating — both professionally and financially.

At The Lopes Law Firm, we assist Atlanta CDL holders in navigating the complexities of DUI defense and fighting to preserve their livelihood.

Lower BAC Thresholds and Stricter Regulations

Georgia law imposes stricter limits on commercial drivers. While the legal blood alcohol concentration (BAC) limit for non-commercial drivers is 0.08%, CDL holders are subject to a 0.04% BAC limit when operating a commercial vehicle . Even a minor misstep can result in major legal consequences.

Moreover, a DUI arrest — even in a personal vehicle — can lead to CDL disqualification. The law doesn’t make distinctions when it comes to CDL holders, meaning your ability to work can be put at risk regardless of what vehicle you were driving.

CDL Disqualification and Long-Term Consequences

A first-time DUI conviction in Georgia can result in:

A one-year CDL disqualification , even if the offense occurred off-duty or in a personal vehicle.
A lifetime disqualification if it is a second DUI conviction.
Criminal penalties , including fines, jail time, probation, and mandatory DUI classes.
Permanent criminal record , which can affect job prospects and background checks.

Importantly, there is no “limited CDL” — once it’s suspended or revoked, there are no workarounds to continue driving commercially during that period.

Defenses and Legal Strategies for CDL Holders

Fighting a DUI as a CDL holder requires an aggressive, strategic approach. At The Lopes Law Firm, we analyze every detail of your arrest, including:

Whether the traffic stop was lawful
Accuracy of the field sobriety or chemical tests
Procedural errors by law enforcement
Violation of your constitutional rights

We may be able to challenge the admissibility of evidence or negotiate for a reduction in charges that could preserve your CDL.

Why Prompt Legal Action Matters

Timing is critical. CDL holders have only 30 days to request an administrative hearing with the Georgia Department of Driver Services to challenge a pending license suspension. Missing this deadline can result in an automatic suspension — before your criminal case even begins.

The sooner you act, the more options are available to fight the charge and protect your commercial driving privileges.

Let The Lopes Law Firm Fight for You

DUI charges are serious, but they don’t have to end your career. The Lopes Law Firm provides skilled legal assistance to commercial drivers in Atlanta who are facing DUI charges. We understand what’s at stake and are committed to helping you defend your rights and your livelihood.

Can You Go to Jail for a Misdemeanor in Georgia?

Wed, 30 Apr 2025 15:42:06 GMT

Understanding Misdemeanor Charges in Georgia

In Georgia, a misdemeanor is a criminal offense that is considered less serious than a felony , but that doesn’t mean it comes without significant consequences. If you're facing misdemeanor charges in Georgia, it's important to understand that jail time is a very real possibility . At The Lopes Law Firm, we help individuals in Atlanta navigate the criminal justice system and fight for the best possible outcomes.

What Qualifies as a Misdemeanor in Georgia?

Misdemeanors can include a variety of offenses such as:

First-time DUI
Simple battery or assault
Shoplifting (under $500)
Possession of less than one ounce of marijuana
Disorderly conduct
Trespassing

These offenses, while less severe than felonies, are still criminal charges that can affect your record, employment opportunities, and personal freedom.

Jail Time for Misdemeanors

Under Georgia law, the penalties for a misdemeanor can include:

Up to 12 months in county jail
Fines up to $1,000
Community service
Probation
Mandatory counseling or treatment programs

If the court determines that your actions involved aggravating factors or if you have a prior criminal record, the judge may impose the maximum penalties. In some cases, a misdemeanor can be classified as a “high and aggravated misdemeanor,” which can lead to higher fines up to $5,000 and longer jail terms .

How The Lopes Law Firm Can Help

If you’ve been charged with a misdemeanor in Atlanta, you shouldn’t assume it’s a minor issue that will go away on its own. Our legal team at The Lopes Law Firm can evaluate your case, identify possible defenses, and work to reduce or eliminate the potential for jail time.

We are committed to protecting your rights and ensuring your side of the story is heard. Whether you’ve been wrongfully accused or made a mistake, you deserve a fair shot at moving forward.

Don’t Face Misdemeanor Charges Alone

Even a “small” charge can have life-changing consequences . With the right legal guidance, you can fight the charges and protect your future. If you’re in the Atlanta area and facing a misdemeanor, contact The Lopes Law Firm today to discuss your options .

How Long Do You Have to File a Personal Injury Lawsuit in Georgia?

Thu, 20 Mar 2025 19:20:11 GMT

How Long Do You Have to File a Personal Injury Lawsuit in Georgia?

If you’ve been injured in an accident caused by someone else’s negligence, it’s important to understand how long you have to take legal action. In Georgia, the law sets a strict time limit for filing personal injury lawsuits. Missing this deadline can mean losing your right to seek compensation altogether.

Georgia’s Statute of Limitations for Personal Injury

Under Georgia law, most personal injury claims must be filed within two years from the date of the injury. This applies to a wide range of incidents, including:

Car accidents
Slip and fall injuries
Dog bites
Workplace injuries not covered by workers’ compensation
Medical malpractice

Failing to file within this two-year window can result in your case being dismissed by the court, no matter how strong the evidence may be.

Are There Exceptions?

Yes, there are some exceptions that can pause or extend the two-year statute of limitations. For example:

Minors or legally incapacitated individuals may have more time to file once they reach legal capacity.
Discovery of injury : In certain cases, such as medical malpractice, the injury may not be immediately apparent. Georgia allows for a “discovery rule” in some circumstances.
Criminal cases : If the injury arose from a criminal act, the clock may pause while the criminal case is ongoing.

However, these exceptions are limited, and interpreting them properly requires legal guidance.

Why Acting Quickly Matters

Even if you technically have two years to file, waiting too long can hurt your case. Over time, evidence can disappear, witnesses may forget key details, and documentation can be lost. The sooner you contact a lawyer, the stronger your case is likely to be.

How The Lopes Law Firm Can Help

At The Lopes Law Firm , we assist members of the Atlanta community with navigating personal injury claims. From gathering evidence and negotiating with insurers to filing a lawsuit if necessary, we work to protect your rights and pursue fair compensation for your injuries.

If you believe you have a personal injury claim, don’t wait until the deadline is near. Contact us to discuss your case and take the next steps toward recovery.

Can You Refuse a Breathalyzer Test in Georgia?

Fri, 21 Feb 2025 15:24:23 GMT

Can You Refuse a Breathalyzer Test in Georgia?

At The Lopes Law Firm, we understand how stressful a DUI stop can be. If you are pulled over under suspicion of driving under the influence in Georgia, you may wonder if you can refuse a breathalyzer test. While you have the right to refuse, doing so comes with serious legal consequences.

Georgia’s Implied Consent Law

Georgia enforces an implied consent law , which means that by driving on Georgia roads, you have already agreed to submit to chemical testing, including breathalyzer tests, if lawfully requested by law enforcement. If you refuse a breathalyzer test after being arrested for DUI, you will face automatic penalties.

Consequences of Refusing a Breathalyzer Test

Refusing a breathalyzer test in Georgia can lead to:

Automatic License Suspension: A first refusal results in a one-year license suspension , with no eligibility for a limited driving permit.
Use of Refusal as Evidence: Your refusal can be used against you in court as evidence of impairment.
Harsher Penalties for a DUI Conviction: If convicted, penalties such as fines, jail time, and probation may be more severe.

Should You Refuse a Breathalyzer Test?

Refusing a breathalyzer does not guarantee avoiding a DUI charge. In fact, it may strengthen the prosecution's case against you. However, each situation is unique, and your best course of action depends on the circumstances of your stop.

How The Lopes Law Firm Can Help

If you or a loved one has been charged with DUI in Atlanta, The Lopes Law Firm can provide experienced legal representation. We will evaluate the details of your case, challenge any unlawful procedures, and fight to protect your rights.

Contact us today for a consultation and let us help you navigate your DUI defense.

Should I Sue the Truck Driver or the Trucking Company After a Georgia Truck Accident?

Thu, 30 Jan 2025 16:20:39 GMT

Should I Sue the Truck Driver or the Trucking Company After a Georgia Truck Accident?

Being involved in a truck accident can result in serious injuries and significant financial burdens. If you were the victim of a truck accident in Georgia , you may be wondering whether to sue the truck driver, the trucking company, or both . At The Lopes Law Firm , we provide legal assistance to victims in Atlanta , helping them understand their options for seeking compensation.

In many cases, liability for a truck accident depends on the cause of the crash and the employment status of the truck driver . If the truck driver was negligent , such as by speeding, driving under the influence, or violating traffic laws, you may have grounds to sue the driver personally. However, most truck accidents involve larger corporate entities , and the trucking company may also be held responsible under vicarious liability laws if the driver was acting within the scope of their employment.

Suing the trucking company may be the better option if company policies or negligence contributed to the accident , such as:

Improper hiring or training of drivers
Forcing drivers to work beyond legal hours , leading to fatigue
Failing to maintain or inspect the truck properly
Overloading the truck or improperly securing cargo

If the truck driver is an independent contractor , rather than an employee, the trucking company may try to deny responsibility. However, an experienced attorney can help determine whether the company still has legal obligations under Georgia law.

Ultimately, both the driver and the company may share liability , and an investigation can help determine the best legal strategy for maximizing compensation. If you were injured in a truck accident in Atlanta , The Lopes Law Firm can help you hold the right parties accountable and fight for the compensation you deserve.

What to Do If Your Civil Rights Are Violated in Georgia

Fri, 20 Dec 2024 01:46:06 GMT

What to Do If Your Civil Rights Are Violated in Georgia

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What Is the Statute of Limitations for a Georgia Truck Accident?

Mon, 02 Dec 2024 16:00:59 GMT

What Is the Statute of Limitations for a Georgia Truck Accident?

If you’ve been involved in a truck accident in Georgia, understanding the timeline for filing a legal claim is crucial. The statute of limitations determines how long you have to pursue compensation for your injuries and damages. At The Lopes Law Firm, we help the Atlanta public navigate the legal process to ensure their rights are protected and their claims are filed on time.

Georgia’s Statute of Limitations for Truck Accidents

In Georgia, the statute of limitations for filing a personal injury claim after a truck accident is generally two years from the date of the accident. This means you have two years to initiate a lawsuit for injuries, medical expenses, lost wages, pain and suffering, and other damages.

For property damage claims, such as vehicle repairs or replacement, the statute of limitations is four years from the date of the accident.

Exceptions That Can Affect the Timeline

Certain situations may alter the standard statute of limitations:

Wrongful Death Claims : If a truck accident results in a fatality, the two-year clock starts on the date of the victim’s death, not the accident.
Claims Against Government Entities : If the truck involved is owned by a government entity, different rules apply. You must file a notice of claim within six months for city or county governments and one year for state-level entities.
Tolling of the Statute : In rare cases, the statute of limitations may be paused or "tolled," such as when the injured party is a minor or incapacitated.

Why Acting Quickly Matters

Filing your claim within the statute of limitations is critical. If you miss the deadline, your case may be dismissed, and you could lose the opportunity to seek compensation. Additionally, gathering evidence, speaking to witnesses, and building a strong case are easier when done promptly after the accident.

How The Lopes Law Firm Can Help

Truck accidents often involve complex legal issues, including dealing with trucking companies, insurance providers, and multiple parties. At The Lopes Law Firm, we provide experienced legal assistance to the Atlanta public, helping victims of truck accidents navigate the claims process and fight for the compensation they deserve.

If you’ve been injured in a truck accident in Georgia, don’t wait. Contact us today to schedule a consultation and ensure your rights are protected within the legal timeframe.

White Collar Crimes Defense: Protecting Your Rights in Georgia

Tue, 22 Oct 2024 00:57:06 GMT

White collar crimes are non-violent offenses that typically involve deceit, fraud, or financial misconduct. These charges can carry severe penalties, including substantial fines, restitution, and long-term imprisonment, as well as significant damage to your professional reputation and personal life. At The Lopes Law Firm in Georgia, we are dedicated to providing strong defense strategies for individuals and businesses facing white collar crime charges.

What Are White Collar Crimes?

White collar crimes are typically committed by individuals or organizations in professional or business settings and often involve financial wrongdoing. These crimes can be complex and may involve multiple parties, fraudulent schemes, or violations of federal and state laws. Common types of white collar crimes include:

Fraud: Fraud can take many forms, including securities fraud, insurance fraud, healthcare fraud, and credit card fraud. Fraud involves intentionally deceiving another person or entity for financial gain.
Embezzlement: Embezzlement occurs when someone unlawfully takes money or property entrusted to them, often in a workplace setting.
Insider Trading: This crime involves buying or selling securities based on non-public, material information, typically by someone with privileged access to the company's financial or business data.
Bribery: Bribery occurs when someone offers, gives, receives, or solicits something of value in exchange for influencing the actions of an individual in a position of authority, such as a public official.
Money Laundering: Money laundering involves disguising the origins of illegally obtained money by transferring it through a complex sequence of banking transfers or commercial transactions.
Tax Evasion: Tax evasion refers to the illegal avoidance of paying taxes by underreporting income, inflating deductions, or hiding money in offshore accounts.
Identity Theft: Identity theft involves unlawfully obtaining someone else’s personal information (such as Social Security numbers or credit card details) to commit fraud or other crimes.

Penalties for White Collar Crimes in Georgia

White collar crimes are prosecuted at both the state and federal levels, and the penalties for conviction can be severe. Depending on the nature and scale of the crime, penalties may include:

Fines: Convicted individuals or businesses may be required to pay substantial fines, often in the millions for larger, more complex crimes.
Restitution: Defendants may be ordered to pay restitution to the victims of their crimes to cover financial losses.
Imprisonment: Many white collar crimes carry lengthy prison sentences, with some offenses leading to decades of imprisonment in federal or state prison.
Probation: In some cases, individuals convicted of white collar crimes may be placed on probation, which involves strict supervision and compliance with court-mandated conditions.
Damage to Reputation: Beyond the legal penalties, a white collar crime conviction can irreparably damage your professional and personal reputation, making it difficult to secure future employment or business opportunities.

Defending Against White Collar Crime Charges

White collar crime cases are often complex, involving intricate financial transactions, detailed evidence, and multiple parties. At The Lopes Law Firm, we have experience handling these complex cases and are prepared to develop a strong defense tailored to your specific situation. Some common defense strategies include:

Lack of Intent: Many white collar crimes require proof of intent to deceive or defraud. If we can show that you did not have the intent to commit a crime, it could lead to a dismissal or reduction of charges.
Insufficient Evidence: White collar crime cases often hinge on documentary evidence and witness testimony. We will carefully examine the evidence against you, challenge its credibility, and work to have any weak or inadmissible evidence excluded from court.
Duress or Coercion: In some cases, individuals may be pressured or coerced into participating in fraudulent schemes. We can argue that you acted under duress and were not a willing participant in the criminal activity.
Entrapment: Entrapment occurs when law enforcement officers induce an individual to commit a crime that they would not have otherwise committed. If we can demonstrate entrapment, it may be possible to have the charges dismissed.
Good Faith or Mistake: In certain cases, individuals may believe they were acting within the law or following standard business practices. If we can show that you made an honest mistake or acted in good faith, this may serve as a defense.

The Importance of Hiring an Experienced White Collar Crime Defense Attorney

White collar crime cases require a deep understanding of financial law, intricate business practices, and federal and state regulations. Hiring an experienced defense attorney is critical to ensuring that your rights are protected throughout the investigation and legal process.

At The Lopes Law Firm, we understand the complexities of white collar crime cases and are prepared to defend your interests aggressively. We work closely with forensic accountants, financial experts, and investigators to build a robust defense strategy. Our goal is to reduce the charges against you, negotiate favorable outcomes, and protect your professional reputation.

How The Lopes Law Firm Can Help

If you are under investigation for a white collar crime or have already been charged, it’s essential to act quickly. The sooner you consult with an experienced defense attorney, the better your chances of building a strong defense.

At The Lopes Law Firm, we provide comprehensive legal services, including:

Representation during Investigations: If you are under investigation, we will advise you on how to respond to inquiries from law enforcement, protect your rights, and help you avoid self-incrimination.
Developing a Defense Strategy: We will thoroughly review the facts of your case, analyze the evidence, and build a customized defense strategy based on the specifics of your situation.
Negotiation and Plea Bargaining: If appropriate, we will negotiate with prosecutors to seek a reduction in charges or penalties, including plea agreements when it is in your best interest.
Trial Representation: If your case goes to trial, we will provide aggressive representation in court, working to challenge the prosecution’s case and advocate for your acquittal.

White collar crime charges can have serious, long-lasting consequences for your life and career. If you are facing accusations of fraud, embezzlement, money laundering, or other white collar crimes in Georgia, you need an experienced defense attorney to protect your rights and your future. At The Lopes Law Firm, we have the knowledge and experience to help you navigate these complex legal matters and achieve the best possible outcome.

Contact The Lopes Law Firm today for a consultation and let us help you build a strong defense against your white collar crime charges.

Your Trusted Murder Defense Attorney in Georgia

Mon, 23 Sep 2024 23:50:36 GMT

If you or a loved one are facing murder charges in Georgia, it is crucial to have a skilled and experienced defense attorney on your side. The legal system can be complex and overwhelming, especially when dealing with such serious charges. That's where the Lopes Law Firm comes in. With years of experience and a track record of success, our team is dedicated to providing top-notch legal representation to individuals facing murder charges.

At the Lopes Law Firm, we understand the gravity of murder charges and the impact they can have on your life. Our team of experienced defense attorneys is committed to protecting your rights and ensuring that you receive a fair trial. We will work tirelessly to investigate the circumstances surrounding the alleged crime, gather evidence, and build a strong defense strategy on your behalf.

Our attorneys have successfully defended clients facing a wide range of murder charges, including first-degree murder, second-degree murder, manslaughter, and more. We have the knowledge and expertise to navigate the complexities of Georgia's criminal justice system and will fight vigorously to achieve the best possible outcome for your case.

When you choose the Lopes Law Firm as your murder defense attorney, you can trust that you are in capable hands. We will provide personalized attention to your case and keep you informed every step of the way. Our goal is to alleviate some of the stress and uncertainty that comes with facing serious criminal charges so that you can focus on moving forward with your life.

In addition to our legal expertise, our team at the Lopes Law Firm is known for our compassion and dedication to our clients. We understand that being accused of a serious crime can take an emotional toll on both you and your family. That's why we strive to provide not only excellent legal representation but also support and guidance throughout the entire legal process.

When it comes to defending yourself against murder charges in Georgia, having a skilled attorney by your side is crucial. The Lopes Law Firm has a proven track record of success in handling complex criminal cases, including murder charges. Our team is dedicated to providing top-notch legal representation while also offering compassion and support during this challenging time. If you or someone you know is facing murder charges in Georgia, don't hesitate to contact us for a free consultation. We are here to help guide you through this difficult process and fight for your rights every step of the way.

Navigating DUI Charges in Georgia with The Lopes Law Firm

Wed, 28 Aug 2024 13:44:14 GMT

If you find yourself facing DUI charges in Georgia, it can be a daunting and overwhelming experience. However, you do not have to navigate this legal process alone. The Lopes Law Firm is here to help guide you through every step of your DUI defense. With their expertise and dedication to their clients, you can trust that you are in good hands.

The Lopes Law Firm specializes in DUI defense and has a team of experienced attorneys who are well-versed in Georgia's laws surrounding drunk driving. They understand the seriousness of these charges and will work tirelessly to protect your rights and achieve the best possible outcome for your case. From investigating the circumstances of your arrest to negotiating with prosecutors on your behalf, they will leave no stone unturned in building a strong defense strategy.

One of the key advantages of working with The Lopes Law Firm is their personalized approach to each case. They take the time to listen to your side of the story, gather all relevant evidence, and craft a defense tailored to your specific situation. Whether this is your first offense or you have previous DUI convictions, they have the knowledge and experience to handle even the most complex cases.

In addition to their legal expertise, The Lopes Law Firm also provides support and guidance throughout the entire legal process. Facing DUI charges can be a stressful and emotional time, but their compassionate team will be by your side every step of the way. They will keep you informed about any developments in your case, answer any questions you may have, and provide reassurance during this difficult time.

When it comes to defending against DUI charges in Georgia, having a skilled attorney on your side can make all the difference. The Lopes Law Firm has a proven track record of success in handling DUI cases and will fight tirelessly on your behalf. By choosing them as your legal representation, you can rest assured that you are getting top-notch advocacy from a team that truly cares about protecting your rights.

If you are facing DUI charges in Georgia, do not hesitate to reach out to The Lopes Law Firm for help. Their dedicated team of attorneys will work tirelessly to defend you against these allegations and strive for the best possible outcome for your case. With their personalized approach, legal expertise, and unwavering support, you can trust that you are in good hands with The Lopes Law Firm by your side.

How an Auto Accident Attorney Can Help You in Georgia

Wed, 31 Jul 2024 22:34:48 GMT

Auto accidents are unfortunately common and can have devastating consequences. From severe injuries and emotional trauma to mounting medical bills and lost wages, the aftermath of an accident can be overwhelming. Navigating the legal complexities that follow an auto accident is challenging, but having an experienced attorney by your side can make a significant difference. At The Lopes Law Firm, we specialize in representing auto accident victims in Georgia, ensuring they receive the compensation and support they need. Here’s how an auto accident attorney can help you.

1. Understanding Georgia Auto Accident Laws

Georgia's auto accident laws can be intricate and difficult to navigate without professional assistance. An experienced auto accident attorney understands these laws and can provide valuable insights into how they apply to your case. They can help you understand your rights, the statute of limitations for filing a claim, and the legal requirements for proving negligence.

2. Conducting a Thorough Investigation

A thorough investigation is crucial to building a strong case. An attorney can gather and analyze evidence such as police reports, witness statements, medical records, and accident scene photos. They can also work with accident reconstruction experts to determine the cause of the accident and establish liability. This comprehensive approach helps build a solid foundation for your claim.

3. Proving Negligence

To secure compensation, you must prove that another party’s negligence caused the accident and your injuries. An attorney can help you establish negligence by demonstrating that the other party failed to exercise reasonable care, such as by speeding, driving under the influence, or violating traffic laws. They can gather and present evidence to support your claim, ensuring that you have a strong case.

4. Calculating Damages

Auto accidents often result in significant financial losses, including medical expenses, lost wages, property damage, and pain and suffering. An attorney can accurately calculate the full extent of your damages, ensuring that you seek adequate compensation. They can also consider future medical needs and long-term impacts on your quality of life when determining the value of your claim.

5. Negotiating with Insurance Companies

Dealing with insurance companies can be one of the most challenging aspects of an auto accident claim. Insurance adjusters often aim to minimize payouts, which can result in unfair settlements. An experienced auto accident attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that covers all your expenses and losses. They can also handle all communications with the insurance company, reducing your stress and allowing you to focus on recovery.

6. Representing You in Court

If a fair settlement cannot be reached through negotiations, your case may need to go to court. Having a skilled attorney represent you in court is crucial. An auto accident attorney can present your case effectively, cross-examine witnesses, and argue on your behalf to secure the best possible outcome. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict.

7. Providing Emotional Support

Dealing with the aftermath of an auto accident can be emotionally draining. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your recovery and well-being.

8. Protecting Your Rights

Throughout the legal process, it is essential to ensure that your rights are protected. An attorney can provide guidance on how to handle interactions with law enforcement, insurance companies, and medical providers. They can also prevent any attempts by the other party to take advantage of your situation.

Benefits of Hiring an Auto Accident Attorney

Hiring an auto accident attorney offers several advantages:

Expert Legal Knowledge: An attorney with experience in auto accident cases understands the intricacies of the law and can provide expert advice tailored to your situation.
Thorough Case Management: An attorney can handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court.
Effective Negotiation: An attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement.
Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery, confident that your legal matters are being addressed.

At The Lopes Law Firm, we are dedicated to providing compassionate and effective legal representation for auto accident victims in Georgia. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.

When to Hire an Assault Defense Attorney in Georgia

Mon, 24 Jun 2024 22:09:13 GMT

Being charged with assault is a serious matter that can lead to severe legal consequences, including fines, imprisonment, and a permanent criminal record. Navigating the legal system can be overwhelming, especially when your freedom and reputation are at stake. At The Lopes Law Firm, we specialize in defending clients against assault charges in Georgia. Here are the key situations when hiring an assault defense attorney becomes crucial.

1. Arrest and Initial Charges

The moment you are arrested and charged with assault, it is vital to seek legal representation. An experienced assault defense attorney can provide immediate guidance, ensuring your rights are protected from the start. Early intervention can significantly impact the outcome of your case, from bail hearings to initial court appearances.

2. Complex Legal Procedures

Assault cases involve intricate legal procedures and require a thorough understanding of Georgia's criminal justice system. An attorney can navigate these complexities, handle all legal filings, and ensure that procedural rules are followed. This expertise is essential in building a strong defense.

3. Investigation and Evidence Gathering

A key aspect of defending against assault charges is the investigation and gathering of evidence. An attorney can conduct a thorough investigation, interview witnesses, review police reports, and gather any video or forensic evidence that may support your case. This proactive approach is crucial in identifying weaknesses in the prosecution's case.

4. Self-Defense Claims

If you were acting in self-defense, an attorney can help establish this claim in court. Self-defense laws in Georgia can be complex, and presenting a compelling argument requires a deep understanding of these laws and the ability to articulate them effectively in court.

5. Plea Bargaining

In some cases, negotiating a plea bargain may be in your best interest. An experienced attorney can negotiate with prosecutors to potentially reduce charges or penalties. This can result in a more favorable outcome, such as reduced sentencing or alternative sentencing options like probation or community service.

6. Court Representation

If your case goes to trial, having a skilled attorney to represent you in court is essential. An attorney can present your defense, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of trial procedures can significantly influence the trial's outcome.

7. Mitigating Consequences

Even if a conviction seems likely, an attorney can work to mitigate the consequences. This can include advocating for leniency in sentencing, seeking alternative sentencing options, or working to expunge your record in the future. Protecting your future opportunities and minimizing the impact of a conviction is a critical part of their role.

Benefits of Hiring an Assault Defense Attorney

Hiring an assault defense attorney offers numerous benefits:

Legal Expertise: An attorney with experience in assault cases understands the nuances of criminal law and can provide expert guidance tailored to your situation.
Strategic Defense: An attorney can develop a strategic defense plan, identify potential defenses, and work to weaken the prosecution's case.
Protecting Your Rights: An attorney ensures that your constitutional rights are upheld throughout the legal process.
Effective Negotiation: With strong negotiation skills, an attorney can effectively communicate with prosecutors to seek favorable outcomes.
Peace of Mind: Knowing that a professional is handling your case allows you to focus on other important aspects of your life.

At The Lopes Law Firm, we are committed to providing dedicated and effective legal representation for clients facing assault charges in Georgia. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.

When to Consider Hiring a Weapon Charges Defense Attorney

Mon, 20 May 2024 18:01:21 GMT

Facing weapon charges in Georgia is a serious matter that can have profound implications on your freedom, reputation, and future. Whether you are accused of illegal possession, use, or distribution of a firearm, hiring a skilled weapon charges defense attorney is crucial to navigating the complexities of the legal system and ensuring your rights are protected.

Understanding Weapon Charges in Georgia

Weapon charges encompass a variety of offenses related to the possession, use, and distribution of firearms and other weapons. In Georgia, these charges can range from misdemeanors to felonies, each carrying significant penalties, including fines, imprisonment, and a permanent criminal record. Common weapon charges include:

Illegal possession of a firearm
Carrying a concealed weapon without a permit
Possession of a firearm by a convicted felon
Use of a weapon in the commission of a crime
Trafficking or distribution of illegal weapons

When to Consider Hiring a Weapon Charges Defense Attorney

Severity of the Charges

Felony Charges: If you are facing felony weapon charges, the consequences are severe, with potential long-term imprisonment and substantial fines. An experienced attorney can help build a strong defense to fight these serious charges.
Multiple Offenses: If the weapon charges are accompanied by other criminal charges, such as drug possession or assault, legal representation is essential to handle the complexities of multiple charges.

Complex Legal Issues

Search and Seizure Violations: Weapon charges often involve questions about the legality of the search and seizure that led to the discovery of the weapon. An attorney can examine whether your Fourth Amendment rights were violated and potentially get evidence suppressed.
Permit and Licensing Issues: Navigating the complexities of firearm permits and licenses in Georgia can be challenging. An attorney can help clarify whether you were in compliance with state laws and regulations.

Defense Strategies

Self-Defense Claims: If you used a weapon in self-defense, proving this in court requires a thorough understanding of Georgia’s self-defense laws. An attorney can gather evidence and present a compelling argument that you acted in self-defense.
Mistaken Identity: In cases of mistaken identity, an attorney can investigate and present evidence to prove that you were not the person involved in the alleged crime.

Negotiation and Plea Bargains

Reducing Charges: An experienced attorney can negotiate with prosecutors to reduce the charges or secure a plea bargain, which may result in a lighter sentence or alternative sentencing options.
First-Time Offenders: For first-time offenders, an attorney can advocate for diversion programs or probation instead of jail time, focusing on rehabilitation rather than punishment.

Legal and Procedural Guidance

Understanding Legal Rights: An attorney ensures that you understand your legal rights and responsibilities throughout the legal process, providing clarity and support.
Court Representation: From pre-trial motions to court hearings, an attorney handles all procedural aspects, ensuring your case is presented accurately and professionally.

The Benefits of Hiring an Attorney

Expert Defense: Attorneys specializing in weapon charges have the knowledge and experience to develop effective defense strategies tailored to your case.
Rights Protection: Legal representation ensures that your constitutional rights are protected throughout the legal process.
Strategic Advocacy: With a professional legal defense, you are more likely to achieve a favorable outcome, whether through dismissal, reduced charges, or a not-guilty verdict.

Hiring a weapon charges defense attorney in Georgia is essential to protect your rights and secure the best possible outcome. Whether you are facing serious charges, complex legal issues, or severe penalties, professional legal assistance is crucial. If you or a loved one is facing weapon charges, contact The Lopes Law Firm for a consultation. Our experienced attorneys are dedicated to providing the strong defense and support you need during this challenging time.

Understanding Compensation and Liability in Georgia Car Accidents

Mon, 22 Apr 2024 15:24:36 GMT

Understanding Compensation and Liability in Georgia Car Accidents

Being involved in a car accident can be a traumatic experience, but understanding how compensation is calculated and liability is determined in Georgia can help alleviate some of the stress. At The Lopes Law Firm, we assist Atlanta residents with personal injury matters, including car accidents. In this blog post, we will dive into the intricacies of compensation calculations and liability determinations in Georgia car accidents.

In Georgia, compensation for car accidents is typically calculated based on various factors such as medical expenses, lost wages, property damage, pain and suffering, and more. Medical expenses include any costs related to doctor visits, hospital stays, surgeries, medications, physical therapy, and other treatments needed due to the accident. Lost wages account for any income you have missed out on due to your injuries preventing you from working. Property damage covers repairs or replacement of your vehicle or other damaged property. Pain and suffering compensation considers the physical and emotional distress caused by the accident.

Liability in a car accident refers to who is legally responsible for the crash. Determining liability involves looking at factors such as driver negligence (e.g., speeding or running a red light), road conditions, weather conditions, witness statements, police reports, and more. Georgia follows a modified comparative fault rule which means that if you are found partially at fault for the accident (less than 50%), your compensation may be reduced proportionally to your percentage of fault.

At The Lopes Law Firm, we understand how overwhelming it can be to navigate the legal complexities of a car accident case on your own. That's why our experienced team is here to help Atlanta residents seek fair compensation for their injuries and losses. We will work tirelessly to gather evidence, negotiate with insurance companies on your behalf, and fight for your rights in court if necessary.

When it comes to personal injury matters like car accidents in Georgia, having a knowledgeable attorney on your side can make all the difference in securing a favorable outcome. Our team at The Lopes Law Firm has a proven track record of success in handling personal injury cases for clients throughout Atlanta and beyond. We are dedicated to providing top-notch legal representation while offering compassionate support during what can be a challenging time.

In conclusion, understanding how compensation is calculated and liability is determined in Georgia car accidents is crucial for anyone who has been involved in a crash. If you find yourself facing injuries and damages after an accident that was not your fault, don't hesitate to reach out to The Lopes Law Firm for assistance. Our team of skilled attorneys is here to guide you through the legal process and fight for the justice you deserve. Remember that you don't have to face this ordeal alone – we are here to help you every step of the way.

The Importance of Hiring a DUI Attorney in Georgia

Mon, 01 Apr 2024 20:03:07 GMT

Driving under the influence (DUI) is a serious offense that can have lasting consequences on your life. If you have been charged with a DUI in Georgia, it is crucial to hire an experienced DUI attorney to help navigate the legal process and protect your rights. In this blog post, we will discuss the importance of hiring a DUI attorney in Georgia and how they can assist you in achieving the best possible outcome for your case.

Expertise and Experience: A DUI attorney specializes in defending individuals charged with DUI offenses and has extensive experience handling these types of cases. They are familiar with the laws and procedures specific to Georgia, which can help them build a strong defense strategy on your behalf. An experienced attorney will know how to challenge evidence, negotiate with prosecutors, and advocate for reduced charges or penalties.
Protection of Rights: When facing a DUI charge, it is imperative to have someone who will protect your rights throughout the legal process. A DUI attorney will ensure that law enforcement officials followed proper protocol during your arrest and that any evidence against you was obtained legally. They will also advise you on what to say (and not say) to avoid self-incrimination during questioning.
Minimization of Penalties: A DUI conviction can result in significant penalties such as fines, license suspension, mandatory ignition interlock device installation, community service, or even jail time. By hiring a DUI attorney, you increase your chances of minimizing these penalties or potentially having the charges dismissed altogether. Your attorney may be able to negotiate for a plea deal or alternative sentencing options that could lessen the impact on your life.
Courtroom Representation: Navigating the courtroom can be overwhelming, especially if you are unfamiliar with legal proceedings. A DUI attorney will represent you in court hearings and trials, presenting evidence and arguments on your behalf. They have experience dealing with judges and prosecutors and know how to effectively communicate your case to achieve the best possible outcome.
Peace of Mind: Dealing with a DUI charge can be stressful and emotionally draining. By hiring a skilled DUI attorney, you can rest assured knowing that someone is fighting for your rights and working towards resolving your case favorably. Your attorney will handle all aspects of your defense, allowing you to focus on moving forward from this difficult chapter in your life.

Hiring a DUI attorney in Georgia is crucial if you want to protect your rights and secure the best possible outcome for your case. From expertise and experience to protection of rights and minimization of penalties, an experienced attorney can provide invaluable support every step of the way. Don't face a DUI charge alone – reach out to a reputable DUI attorney today for guidance and representation.

How a White Collar Crimes Attorney Can Help You in Georgia

Fri, 09 Feb 2024 16:14:09 GMT

White collar crimes are non-violent offenses that usually involve financial fraud, embezzlement, or other forms of deception. These crimes can be committed by individuals or corporations and can have serious legal consequences. If you or someone you know has been accused of a white collar crime in Georgia, it is important to seek the help of an experienced white collar crimes attorney.

In this blog post, we will discuss the importance of hiring a white collar crimes attorney in Georgia and how they can help you navigate the legal system.

1) Understanding the Charges:

White collar crimes are complex and often involve technical details that require specialized knowledge to understand. A good white collar crimes attorney will be able to explain the charges against you in clear terms and help you understand your legal options. They will also be able to identify any weaknesses in the prosecution's case and develop a strategy for defending your rights.

2) Expertise in Financial Investigations:

White collar crimes often involve financial transactions that require detailed analysis. An experienced white collar crimes attorney will have the expertise necessary to examine financial documents, trace money flows, and uncover evidence that can be used in your defense. They may also have connections with forensic accountants who can provide additional support.

3) Negotiating Plea Bargains:

In some cases, it may be advantageous to negotiate a plea bargain with prosecutors instead of going to trial. A skilled white collar crimes attorney will be able to assess whether this is a viable option for you and negotiate on your behalf. They may also be able to reduce your sentence or fines associated with your charges.

4) Courtroom Experience:

If your case goes to trial, it is essential to have an attorney with significant courtroom experience who understands how to present evidence effectively and cross-examine witnesses. A seasoned white collar crimes attorney will know how judges tend to rule on such cases and can create a strong defense strategy with that in mind.

5) Reputation and Connections:

A well-respected white collar crimes attorney will have established relationships with key players in the legal system, including judges, prosecutors, and law enforcement officials. These connections can be invaluable when building your case and negotiating plea bargains.

White collar crimes are serious offenses that require the expertise of an experienced attorney. If you or someone you know has been accused of a white collar crime in Georgia, it is essential to seek the help of a qualified attorney who understands the complexities of these charges. With their knowledge of financial investigations, negotiating skills, courtroom experience, and connections within the legal system, a white collar crimes attorney can help you navigate this challenging time and work towards a favorable outcome.

Should I Do Roadside Exercises or Provide a Breath Sample if I Get Pulled Over for DUI?

Sat, 20 Jan 2024 15:48:18 GMT

Should I Do Roadside Exercises or Provide a Breath Sample if I Get Pulled Over for DUI?

Driving under the influence (DUI) is a serious offense in Atlanta, GA, and throughout the United States. It can have severe consequences, including fines, jail time, suspension of driver's license, and even potential harm to yourself or others on the road. If you get pulled over for DUI, the police officer will ask you to perform roadside exercises or provide a breath sample. The answer to whether you should comply with the officer's request is not straightforward. In this blog post, we'll discuss the roadside exercises, breath sample, and how an attorney can help you make the right decision.

What are the Roadside Exercises?

When the police officer pulls you over for DUI, they may request you perform roadside exercises known also as field sobriety tests such as walking in a straight line, standing on one leg, and other forms of physical coordination. The idea of these tests is to gauge coordination, balance, and judgment, thereby showing whether or not you are capable of driving a car. It is important to note that these exercises tend to be subjective and can often depend on the subjective opinion of the officer administering them.

What is a Breath Sample?

A breath sample or breathalyzer test measures your blood alcohol concentration (BAC) by analyzing your breath. In most cases, the officer will use a portable device to measure your BAC. If the device indicates that your BAC is above the legal limit, you may be arrested and charged with DUI.

How Can an Attorney Help Me?

An attorney can help you make the right decision when faced with a request to do roadside exercises or provide a breath sample. A good lawyer will help you understand your legal rights and the possible consequences you face based on the decision you make. An experienced DUI lawyer will also identify any legal or procedural errors that may have occurred during the traffic stop or arrest, helping you build a strong defense.

At The Lopes Law Firm, We Can Provide Legal Assistance to Individuals Facing DUI Charges in Atlanta

If you're facing DUI charges in Atlanta, it's essential to have an attorney who understands the legal system in Georgia and can protect your rights. The Lopes Law Firm has been helping clients for years, and our attorneys are knowledgeable and experienced in handling DUI cases. Our attorneys are known for thorough investigations, meticulous preparation, and excellent communication with clients. We negotiate with prosecutors, conduct pre-trial investigations, and prepare strong defenses for trial to ensure you receive fair treatment in court.

In conclusion, if you get pulled over for DUI, it is not as simple as deciding between roadside exercises or providing a breath sample. The decision is complex, and an attorney can help you make the right choice based on your specific case. Whatever decision you make, remember that compliance doesn't necessarily mean guilt, and an experienced attorney can help protect your rights and minimize the consequences of DUI charges. At The Lopes Law Firm, we provide legal assistance to individuals facing DUI charges in Atlanta. Contact us today for a consultation to see how we can help you.

Who is Liable in a Truck Accident: The Driver or the Company?

Tue, 12 Dec 2023 15:49:36 GMT

Who is Liable in a Truck Accident: The Driver or the Company?

Being involved in a truck accident is a traumatic experience. Not only do you have to deal with physical injuries, but you are also likely to be grappling with numerous questions about who is responsible for the accident. This is especially true in cases where the truck driver and the trucking company are separate entities. So, who is liable in a truck accident: the driver or the company? And what happens if you are a victim of a truck accident? At The Lopes Law Firm, we specialize in helping truck accident victims get the compensation they deserve. In this blog post, we aim to answer some of the questions you may have about suing truck drivers and trucking companies after an accident.

The first question that arises after a truck accident is usually whether the driver or the company is responsible. In most cases, both parties can be held liable. The driver could be at fault if they were driving under the influence of drugs or alcohol, were fatigued, or were driving recklessly. However, the trucking company may also be held responsible if they failed to follow regulations such as ensuring that their trucks are maintained properly or if they forced their drivers to work excessive hours. Depending on the circumstances, both parties may be held liable to some degree.

When it comes to compensation for the victims, the trucking company is usually considered the primary source of compensation. However, the amount of compensation that you can receive will depend on the severity of your injuries and the extent of your damages. Trucking companies are required to carry insurance to cover any accidents that their drivers may cause. This insurance can cover medical bills, lost wages, and other expenses. In cases where the trucking company is found to be at fault, victims may also be able to claim compensation for pain and suffering.

One thing to keep in mind is that trucking companies will often have an entire legal team on their side. Trying to negotiate a settlement on your own is a difficult and stressful process. It is always advisable to have an experienced truck accident lawyer on your side. At The Lopes Law Firm, we can help you navigate the complicated legal process of suing truck drivers and trucking companies after an accident. Our team of experienced lawyers understands the nuances of the law and can fight for your rights to ensure you receive the compensation you deserve.

When it comes to proving liability, it is essential to gather as much evidence as possible. This includes photographs of the accident scene and injuries, witness statements, and police reports. It is also important to seek medical attention as soon as possible after the accident. This not only ensures your health and safety but also provides medical evidence which can be used to prove liability.

Truck accidents can be caused by a combination of both driver and company negligence. Trying to determine who is liable and how to claim compensation can be a daunting task. If you have been involved in a truck accident, it is always best to seek the advice of an experienced truck accident lawyer. At The Lopes Law Firm, we can provide you with the legal assistance and support you need to navigate this difficult time. Our team of experienced lawyers understands the complexities of truck accident law in Georgia, and we are committed to fighting for your rights and ensuring you receive the compensation you deserve.

What Georgia Residents Need to Know About Getting Their License Back After a DUI

Sat, 30 Sep 2023 19:52:12 GMT

Getting a DUI can be a scary and overwhelming experience. There are many questions that arise after a DUI, including how to get your license back. Whether this is your first or second DUI, it's important to know the steps you need to take to get back on the road legally. In this blog post, we will cover everything Georgia residents need to know about getting their license back after a DUI, including what happens if this is the second time, how it impacts your insurance, and how an attorney can help.

Step 1: Complete a DUI Program - The first step in getting your license back after a DUI is completing a DUI program. In Georgia, this program is a requirement for all DUI offenders. The program is designed to help offenders understand the risks associated with driving under the influence and to provide them with the tools to make better decisions in the future. The program is typically 20 hours long and can be completed either in person or online.

Step 2: Serve Your Suspension - The length of your suspension depends on several factors, including whether this is your first or second DUI and whether you refused a chemical test. If this is your first DUI, your license will be suspended for a minimum of 120 days. If this is your second DUI, your license will be suspended for a minimum of 18 months. During your suspension, you may be eligible for a restricted license that allows you to drive to work, school, and other essential activities.

Step 3: Pay Fees and Fines - In addition to completing a DUI program and serving your suspension, you will need to pay fees and fines to get your license reinstated. These fees can range from $210 to $410, depending on the circumstances of your DUI. You may also be required to pay court costs and other fees associated with your case.

Step 4: Get an SR-22 - An SR-22 is a certificate of financial responsibility that is required for individuals who have had their license suspended or revoked. The certificate is filed by your insurance company and shows that you have the minimum amount of liability coverage required by law. The cost of an SR-22 varies depending on your driving history and the type of insurance policy you have.

How Does This Affect My Insurance? - Getting a DUI can have a significant impact on your insurance rates. In most cases, your insurance rates will increase after a DUI and may stay elevated for several years. This is because insurance companies view DUI offenders as high-risk drivers and are more likely to file claims. However, there are steps you can take to lower your insurance rates, including attending a defensive driving course and maintaining a clean driving record.

How Can an Attorney Help Me? - If you are facing a DUI charge, it's important to consult with an experienced DUI attorney. An attorney can help you understand your legal rights and the potential consequences of your charge. They can also develop a defense strategy that may help reduce or dismiss your charge. Additionally, an attorney can help you navigate the complex process of getting your license back after a DUI and may be able to help you avoid additional penalties.

A DUI can have serious consequences, including the loss of your driver's license. However, with the help of an experienced DUI attorney and by completing the required steps, Georgia residents can get their license back and begin driving legally once again. If you have been charged with a DUI, don't hesitate to seek legal representation and take the necessary steps to get back on the road.

Understanding the Basics of a Misdemeanor in Georgia

Tue, 29 Aug 2023 18:20:54 GMT

In Georgia, just like in other states, crimes are classified in two broad categories: misdemeanors and felonies. Many may have heard of these terms but might not have a clear understanding of what they mean or differentiate them. If you’ve ever wondered what a misdemeanor is and what the penalties for such an offense are, this post is for you. In this blog, we’ll delve into the basics of a misdemeanor in Georgia, including its definition, types, and the consequences.

To begin with, a misdemeanor is a criminal offense that carries less severe punishments compared to a felony. In other words, it is a crime that is considered to be of lesser gravity and magnitude than a felony. In Georgia, a misdemeanor is categorized as a crime punishable by up to 12 months in jail and/or a fine not exceeding $1,000. Misdemeanors are divided into two classes, Class A and Class B.

Class A misdemeanors are the more serious of the two and are punishable by up to 12 months in jail and or a fine of up to $1,000. Examples of Class A misdemeanors in Georgia include battery, possession of marijuana, and theft by shoplifting. Class B misdemeanors, on the other hand, are less severe misdemeanors punishable by up to six months in jail and/or a fine not exceeding $500. Examples of Class B misdemeanors in Georgia include disorderly conduct, simple assault, and reckless driving.

If you are charged with a misdemeanor crime in Georgia, it is essential to understand that a conviction might result in more than just jail time or a fine. The consequences can vary widely from person to person and case to case. For instance, a misdemeanor conviction might have an adverse impact on your chances of obtaining or retaining a job, getting into a college or university, or obtaining a professional license. It may also affect your right to vote or possess firearms.

Additionally, misdemeanor convictions may leave a long-lasting mark on your criminal record, making it harder to move forward with your life after serving your sentence. Some employers or landlords may not hire or rent to individuals with a criminal record, which can lead to difficulties in finding housing or employment.

Understanding what a misdemeanor is and the potential consequences for being convicted of one are essential to protect your rights and future opportunities. In Georgia, misdemeanors are classified as either Class A or Class B, with punishments ranging from six months to a year in jail, or fines of up to $1,000. It is crucial to remember that a misdemeanor conviction can have a significant effect on your life beyond a sentence. If you have been charged with a misdemeanor in Georgia or suspect that you might be, it is essential to seek legal advice and representation as soon as possible. Only a qualified attorney can provide you with the knowledgeable guidance required to proceed with your case and protect your rights.

Understanding Georgia Weapon Charges

Fri, 14 Jul 2023 14:09:51 GMT

Understanding Georgia Weapon Charges

Georgia is known for having some of the most lax gun laws in the United States of America. However, with gun violence continuing to escalate, the state has also shown a growing interest in gun control laws. This balance has resulted in a unique set of rules and regulations that govern weapons in the state. Understanding Georgia weapon charges is essential for any responsible gun owner. At The Lopes Law Firm, we believe that everyone in Atlanta should be aware of their rights and obligations when it comes to weapon charges.

Requirements to Own a Gun in Georgia

To own a firearm in Georgia, you must have a Weapons Carry License (WCL). A WCL is mandatory for anyone carrying a handgun, whether it is concealed or not. However, carrying a long gun, like a shotgun or rifle, does not require a WCL. To apply for a WCL, you must be at least 21 years old and a resident of Georgia. Additionally, felony convictions, mental instability, and addiction treatment history may disqualify you from obtaining a WCL.

Consequences of Gun Charges in Georgia

The consequences of gun charges in Georgia depend on the nature and severity of the offense. However, even minor gun charges can result in significant penalties. For instance, carrying a weapon without a WCL could attract up to a year in prison and a $1,000 fine. More severe gun charges, such as firearm trafficking, could result in a minimum of ten years in prison. Similarly, using a weapon during the commission of a crime could add substantial prison time to the underlying offense.

The Lopes Law Firm Can Provide Legal Assistance to Individuals Facing Criminal Charges in Atlanta

At The Lopes Law Firm, we are committed to providing legal assistance to individuals facing criminal charges in Atlanta. Our goal is to ensure our clients receive the best possible outcome in their case. Our experienced attorneys understand the intricacies of Georgia weapon charges and can guide you through the process. We offer comprehensive legal support services tailored to your unique circumstances, including pre-trial representation, plea negotiations, and representation in court.

In conclusion, being caught with a weapon or facing gun charges in Georgia requires the assistance of competent legal counsel. At The Lopes Law Firm, our knowledgeable attorneys are here to help you navigate through the criminal justice system in Atlanta. We work closely with our clients, providing the support and guidance they need to understand their rights and obligations. Understanding Georgia weapon charges is critical for any gun owner, a goal that we are dedicated to achieving. Call us today for a free consultation, and let us help you with your weapon charges.

Understanding Fault, Liability, and Compensation in Motorcycle Accidents in Georgia

Wed, 21 Jun 2023 20:37:56 GMT

Understanding Fault, Liability, and Compensation in Motorcycle Accidents in Georgia

Motorcycle accidents remain a threat on Georgia roads. They are responsible for a significant number of severe injuries and fatalities each year. If you're a motorcycle owner in Georgia, it's important to know how fault, liability, and compensation are determined in a motorcycle accident. Knowing your rights and options after an accident can help you to protect yourself legally and financially. In this blog post, we will discuss how fault is determined, who is liable in a motorcycle accident, what options you have as a victim, how compensation is calculated, and who pays compensation to the victims.

How is Fault Determined in a Motorcycle Accident in Georgia?

First, it is essential to understand the concept of fault in a motorcycle accident. Fault is determined by the concept of negligence. It is based on the idea that all drivers have a duty of care on the road. When a driver breaches that duty, and it leads to an accident, they become liable for any resulting injuries or damages. In Georgia, the comparative negligence system is used to determine fault. This means that fault is assigned based on a percentage of responsibility. For example, if you are found to be 20% at fault for an accident, you will be responsible for 20% of the damages.

Who is Liable in a Motorcycle Accident in Georgia?

Determining who is liable in a motorcycle accident can be complicated. In most cases, it is the driver who is at fault. However, there are instances where the other parties, such as manufacturers and municipalities, can also be held liable. Manufacturers can be held liable if they produce and market faulty motorcycle parts, while municipalities can be held responsible for the failure to maintain the roads properly.

What are My Options if I was the Victim of a Motorcycle Accident?

If you are the victim of a motorcycle accident, you have several legal options available to you. You can file a lawsuit against the driver responsible for the accident. You may also file a claim with your insurance company. Additionally, you may have grounds to file a product liability lawsuit against the manufacturer of the motorcycle if the accident was caused by a defective part.

How is Compensation Calculated in a Personal Injury Case?

The amount of compensation you receive in a personal injury case depends on several factors. Compensation includes both economic and non-economic damages. Economic damages are related to the financial costs you have incurred, such as medical bills, lost wages, and future medical expenses. Non-economic damages relate to the emotional and psychological effects of the accident, such as pain and suffering, disfigurement, and loss of enjoyment of life. The final settlement amount depends on the severity of the injuries, the extent of property damage, and the degree of negligence.

Who Pays Compensation to the Victims in a Motorcycle Accident?

Compensation in a motorcycle accident personal injury case is paid by the person or entity determined to be liable for the accident. If the driver of the motorcycle is at fault, they will be responsible for paying compensation. If the manufacturer or municipality is found to be at fault, they will be responsible for paying compensation. In most cases, insurance companies will cover the cost of damages.

In conclusion, it's important to understand the concept of fault, liability, and compensation in motorcycle accidents. If you are a victim of a motorcycle accident, it's crucial to know that you have legal options available to you. The Lopes Law Firm can assist Georgia residents who have been involved in motorcycle accidents. We have extensive experience in personal injury matters and can help you navigate the complex legal system. Remember to always keep your safety in mind when operating a motorcycle, and if you are involved in an accident, seek legal counsel immediately.

Understanding Personal Injury Compensation in Georgia: A Comprehensive Guide

Sun, 30 Apr 2023 21:10:35 GMT

Understanding Personal Injury Compensation in Georgia: A Comprehensive Guide

Sustaining a personal injury can be a devastating experience that can leave you with not only physical but also emotional and financial burdens. If you find yourself in this situation, the good news is that the law allows you to seek compensation to help with your recovery. However, the process can be complex, and it's crucial to understand how compensation is calculated in personal injury cases in Georgia. This guide will explore the factors that courts consider when determining compensation and who is responsible for paying it.

How is compensation calculated in a personal injury case?

Compensation in a personal injury case is designed to help you recover from any losses you might have suffered due to someone else's negligence. Generally, compensation can be divided into two types: economic and non-economic damages. Economic damages cover quantifiable losses such as medical expenses, lost wages, and property damage, while non-economic damages encompass emotional and psychological damage such as pain and suffering, embarrassment, or loss of quality of life.

What factors will a Georgia court consider when determining compensation?

When calculating the compensation you may be entitled to, Georgia courts will consider several factors. Some of the most common factors include the type and severity of the injury, the medical treatment involved, how long the injury may last, and the claimant's lost wages or earning capacity. Georgia courts will evaluate the extent to which the defendant's conduct was responsible for your injury, as well as any pre-existing medical conditions that may have contributed to the injury.

Who pays compensation to the victims?

Typically, the responsible party's insurance coverage will pay the compensation. This includes an individual or entity's liability insurance, such as homeowners' insurance, auto insurance, or commercial general liability insurance. In some cases, it can be challenging to identify the proper insurance company or prove that the responsible party was truly liable for the accident. An experienced personal injury attorney can help you navigate the system and make sure you receive the compensation you are entitled to.

At The Lopes Law Firm, we can assist the Georgia public with personal injury matters.

If you've sustained a personal injury and are seeking the proper compensation, The Lopes Law Firm can assist you. Our team of experienced experts will be with you every step of the way, ensuring that all the necessary procedures are followed effectively. With our knowledge of Georgia law, we can successfully represent your claim to ensure that you receive the right compensation for your injury.

In a nutshell, if you've suffered a personal injury, pursuing compensation can be the key to your recovery. Georgia law provides for both economic and non-economic damages, but the calculation and allocation can be a tricky process. The Lopes Law Firm stands with you through the process, ensuring that you receive the best possible outcome. Contact us today to schedule your free personal consultation.

Understanding Misdemeanor Charges in Georgia – Your Guide to Legal Assistance

Mon, 27 Mar 2023 17:30:48 GMT

Understanding Misdemeanor Charges in Georgia – Your Guide to Legal Assistance

Have you or someone you know been charged with a misdemeanor in Georgia? Do you understand what the charges entail, and what the potential penalties are? As a resident of Atlanta, it’s essential to be aware of the various types of misdemeanor charges and understand what legal options are available if you or a loved one is facing misdemeanor charges. In this blog post, we’ll be discussing everything you need to know about misdemeanors, including examples of charges and potential penalties. We’ll also be highlighting how The Lopes Law Firm can provide legal assistance to individuals facing misdemeanor charges in Atlanta.

What is a Misdemeanor?

In Georgia, misdemeanor charges are considered less severe than felony charges but can still carry significant consequences. A misdemeanor charge typically relates to offenses that are punishable by up to one year in jail or fines up to $1,000. There are different classes of misdemeanors, with Class A being the most severe, followed by Class B and Class C.

Examples of Misdemeanors

Some examples of misdemeanor charges in Georgia include but aren’t limited to reckless driving, possession of drug paraphernalia, DUI, simple assault, and shoplifting. These charges can have significant consequences on an individual's personal and professional life, with long-lasting implications.

Penalties for Misdemeanors in Georgia

The penalties for misdemeanor charges in Georgia depend on the severity of the offense, with the most severe Class A misdemeanors attracting up to 12 months in jail and up to $1,000 fines. Class B misdemeanors carry up to six months in jail and $1,000 in fines, while Class C misdemeanors carry up to 30 days in jail and up to $50 fines. The consequences of misdemeanor charges also extend to an individual's long-term career prospects, with a criminal record making it challenging to find employment or housing.

The Importance of Legal Assistance

The consequences of a misdemeanor conviction in Georgia can be life-changing. As Atlanta residents, it’s essential to seek legal assistance if you or someone you know is facing misdemeanor charges. An experienced criminal defense attorney can navigate the complexities of the legal system, provide expert advice, and potentially reduce penalties or avoid convictions altogether. At The Lopes Law Firm, our legal team has extensive experience in criminal defense and will work tirelessly to help those facing misdemeanor charges in Atlanta.

In conclusion, understanding misdemeanors, the different charges, and potential penalties in Georgia is vital. Reducing the potential consequences of misdemeanor charges requires the support and guidance of a trusted criminal defense attorney. At The Lopes Law Firm, our expert team is committed to providing our clients with comprehensive legal assistance and expert criminal defense. Call us today to schedule a consultation and take the first step in resolving your misdemeanor charges.

Understanding Liability in a Georgia Truck Accident

Tue, 28 Feb 2023 22:07:35 GMT

Understanding Liability in a Georgia Truck Accident

When an individual is involved in an accident with a tractor-trailer or other commercial truck, the victim may be eligible for compensation, depending on who was found to be at fault. It is important to understand liability issues in the state of Georgia when it comes to truck accidents. This blog post will review many of the common questions people have regarding liability in a truck accident.

Identifying the At-Fault Party:

In any accident, one of the key steps is determining who was at fault for causing the crash. Many times, this can be difficult to ascertain as there are often multiple contributing factors that led to the collision. For example, if both drivers were speeding and partially caused the accident, then both may be considered partially liable for the damages incurred. In some cases, a third party may also be liable such as poor road conditions or an equipment malfunction due to a manufacturing defect.

Calculating Compensation:

Once liability has been determined and negligence can be proved, then victims may be eligible for compensation for their losses including medical bills, lost wages and pain/suffering damages. The amount of compensation awarded typically depends on several factors including severity of injuries and length of recovery time required. An experienced attorney can help calculate what amount should be requested in order to properly cover all expenses related to the accident.

Paying out Damages:

The party found liable for damages must pay out any awards granted by either a court or through an insurance settlement negotiated by legal counsel representing the injured person or persons. Depending on how much insurance coverage is available from either party’s insurer, it may not always cover all costs associated with a serious trucking accident case; however, an experienced attorney can help investigate if additional sources are available that can provide additional funds towards compensating victims after a serious crash involving a commercial vehicle.

At The Lopes Law Firm we understand that being involved in a trucking accident can cause significant distress and disruption to your life; therefore our attorneys are here to assist Atlanta residents with personal injury matters such as understanding liability after being involved in an accident with a tractor-trailer or other commercial trucking vehicle. We know that no two cases are alike which is why we strive to offer personalized services tailored around each client’s needs so you get maximum benefit from our assistance during this difficult time. If you have been injured due to someone else's negligence please contact us today so we can help you get back on track as quickly as possible!

DUI Charges in Georgia: What to Know and How We Can Help

Wed, 25 Jan 2023 23:26:44 GMT

A DUI, or Driving Under the Influence charge, can be a stressful experience. With potential consequences ranging from fines to jail time, it is important to have an experienced attorney by your side when facing a DUI charge. At The Lopes Law Firm, we are here to help. Whether you need help with the legal process or just have questions, we’re here to provide assistance and support throughout the entire process. Let's explore some of the aspects of dealing with a DUI charge in Georgia.

The Consequences Of A DUI Charge In Georgia

In Georgia, the penalties for driving under the influence (DUI) vary depending on the individual’s history and their Blood Alcohol Content (BAC) at the time of arrest. If this is your first offense with a BAC lower than 0.08%, you will likely face a minimum fine of $300 and up to 12 months in jail. If your BAC is 0.08% or higher, you may be required to install an ignition interlock device on your vehicle as well as face other severe penalties such as driver’s license suspension and/or community service requirements. For those who have been arrested for a second or third offense within five years of their prior convictions, they will face significantly harsher punishments including increased fines, more jail time, and longer license suspensions.

How Our Firm Can Help

At The Lopes Law Firm we take DUI cases seriously and understand that everyone deserves strong representation when facing criminal charges such as these. Our team has extensive experience representing individuals charged with misdemeanor offenses like DUI in Atlanta and throughout Georgia. We know that every case is unique and strive to provide personalized legal services tailored to meet our clients’ individual needs while protecting their rights during any court proceedings they may be involved in. Our goal is to ensure that each client receives due process while obtaining optimal results whether through trial or settlement negotiations with prosecutors.

If you are facing DUI charges in Atlanta or elsewhere throughout Georgia, it is important that you receive experienced legal advice from qualified attorneys who will fight for your rights during this difficult process. The Lopes Law Firm understands how daunting this situation can feel and provides knowledgeable support throughout each step in order to achieve positive outcomes for our clients so they can get back on track quickly without having their future compromised by one mistake made in desperation or ignorance of the law involving impaired driving violations such as DUIs. Contact us today for more information about how we can help defend against your charges!

How Can a DUI Attorney Help Me?

Wed, 30 Nov 2022 23:24:52 GMT

Driving under the influence of drugs or alcohol is a crime in every state in the US. Law enforcement officers are trained to recognize the signs of impaired motorists, and every drunk or high driver can expect to be arrested if they do not pass field sobriety tests.

The police and prosecutors take DUIs very seriously. According to the CDC, there are more than 1 million DUI arrests each year, and 29 accident fatalities per day involve impaired driving. Therefore, you can typically expect to face penalties in Atlanta, Georgia if charged with a DUI.

What Is A DUI?

A blood alcohol content (BAC) of 0.08% is the threshold for drunk driving. States have different rules for commercial drivers, who might be subject to a 0.04% maximum. You can also be charged with a DUI for other substances, such as cannabis or prescription medication. Though most states do not have measurements for other recreational drugs or medications, such as opiates, law enforcement officers can arrest someone unable to operate a vehicle with the normal amount of care.

What Penalties Can You Face After A DUI?

In most states, the first DUI that does not result in an accident or injury is a misdemeanor. However, drivers will still face fines and a possible license suspension for three to six months. In most states, it is also possible to face jail time depending on the nature of the first offense. However, a plea bargain is also possible.

The severity of the penalties rises quickly if you are arrested for drunk driving a second time. In many states, a second offense is considered a felony. It comes with increased fines and license suspensions that could last for a year or longer. A third or fourth DUI within a 10-year period can bring additional felony charges and a higher likelihood of jail time. Drivers with multiple DUIs within a 10-year timeframe risk permanent license suspension, as well.

In many states, a 2nd or 3rd DUI within a 10-year period gets categorized as an aggravating factor.

Also, in some states, you can get a misdemeanor charge for refusing to take a breathalyzer test.

Aggravating Factors

Aggravating factors make a DUI more dangerous. For example, an aggravated DUI could involve a BAC of 0.16 or higher. The penalties for this type of DUI are generally higher and may result in a felony, even for first-time offenders.

Other aggravating factors could include causing an accident with injuries or fatalities while under the influence of drugs or alcohol. In addition to an aggravated DUI, many states also have other charges, such as criminal vehicular operation or vehicular manslaughter. Conviction of these charges can result in significant jail time (5 to 10 years or more).

Finally, having minor children (age 16 or less) in the vehicle can lead to an aggravated DUI and other charges, such as child endangerment.

Many states also have zero-tolerance laws for DUIs involving drivers under the legal drinking age. Even a trace amount of alcohol can lead to a DUI in these cases.

Can A Lawyer Help With A DUI Case?

You may think that it can be difficult to fight a DUI charge in Atlanta, Georgia. A lawyer can help you build a case and pursue the best possible outcome from your DUI charge.

Plea Bargain

In some cases, it may be possible to plea bargain, especially for first-time offenders charged with a DUI without aggravating factors. This process usually involves pleading guilty to a lesser charge to avoid a DUI conviction.

This is important for several reasons. It could help the driver avoid penalties, such as license suspension. Furthermore, if you plead to a lesser charge, a subsequent DUI conviction would be considered a first-time offense, which is a misdemeanor instead of a felony in most states.

A lawyer can assist with this process and make a plea-bargain offer to the prosecuting attorney.

DUI Bias

Drivers charged with a DUI often face bias when it comes to a trial, and a vast majority of cases result in a conviction. A judge and jury often assume guilt based on the charge, regardless of any evidence. An attorney can help argue for mitigating factors and pursue a fairer trial.

Assess Arrest Process

Law enforcement officers need to follow specific steps when conducting field sobriety tests and administering breathalyzers and other tests. Officers need to have a legitimate reason for pulling your car over in the first place, and they must follow the proper procedure at all points during arrest and booking. If they fail to use the correct process, an attorney may be able to get the case dismissed, which means you will not face any punishment and not have any crimes on your record.

Chemical Test Flaws

Officers use breath or blood tests to check alcohol content during the arrest. The techniques and machines used for these tests are typically very accurate. However, the equipment needs to be properly maintained and the correct procedure followed closely. There is also the possibility of contamination in a bloodwork lab.

A lawyer will assess the equipment and processes used by officers. If the breathalyzer was not properly maintained, for example, your lawyer can argue to have the evidence thrown out. Since the BAC is the most important piece of evidence, not allowing it in the case could lead to a dismissal or reduced charges.

Other Mitigating Factors

A lawyer can also argue that other factors played a role in your arrest. For example, if you were in your car but not driving at the time of the arrest, your lawyer could argue that you were attempting to sleep off the effects of the alcohol instead of driving.

Do You Need An Attorney For A DUI Case?

You need a lawyer to represent you during a DUI case. In the US, you have the right to use the services of a public defender. However, an experienced DUI attorney will likely have a lighter caseload, more resources, and knowledge of the specific arguments and strategies that are most effective in DUI cases.

Reach out to our law firm if you need legal advice after a DUI arrest.

What is the Statute of Limitations for a Personal Injury Claim in Georgia?

Mon, 24 Oct 2022 22:20:40 GMT

Personal injury cases can stem from a variety of occurrences, such as defective products, car accidents, or work-related harm. All the cases have one thing in common: another person, company, or group caused the injury due to direct action or negligence.

In Georgia, all personal injury cases are civil lawsuits. This means that the plaintiff seeks compensation for damages caused by the injury. They need to prove that the defendant's actions caused the injury and provide evidence to support the amount of the compensation request.

In Georgia, you have a limited amount of time to file a personal injury lawsuit. The deadline is known as the statute of limitations. The suit could be dismissed without being heard if you wait too long after the incident.

Different types of personal injury cases have different time limits. In Georgia, these range from one to six years. Here is a look at the statute of limitations for the different types of personal injury cases.

What is the statute of limitations?

The statute of limitations refers to the specific limit a lawsuit may be filed after an injury or accident. These rules vary by state, so you need to check the local timeframe requirements depending on where you live.

Why do such rules exist? One of the primary reasons is to ensure the integrity of the evidence and that parties and witnesses still remember events clearly.

In Georgia, civil personal injury cases typically have a two-year statute of limitations. However, there are some nuances to this rule. The clock may not start running at the time of the incident. In some cases, you may not know that you are injured until later. For example, if you are exposed to a substance at work that makes you sick, you may not be aware of the harm until you get a diagnosis from a physician. These cases use a "discovery of harm" rule. The statute of limitations clock starts when you learn about the injury instead of the date when it actually happened.

The statute of limitations also applies to some criminal cases. You can only be charged with a misdemeanor for two years after the event. In Georgia, there is no limit on felony charges.

What does the law say?

Georgia statute of limitations rule (Section 9-3-33) specifically states:

“Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”

The two-year statute of limitations will apply in most cases. As you can see from the text of the law, there are a couple of exceptions to this rule.

When Is The Statute Of Limitations Less Than Two Years?

Personal injury does not necessarily have to be physical. It can include damage to your reputation. These cases often involve libel, when someone spreads false or privileged information with the goal of harming your personal life or business. In these instances, the statute of limitations is only one year.

When Is The Statute Of Limitations More Than Two Years?

The statute of limitations for loss of consortium due to personal injury is four years. This type of suit is typically brought on by the spouse of the injured party. Such cases seek compensation for a loss of companionship, financial support, or other marital expectations due to the injury. In some instances, domestic partners and other dependents can bring a loss of consortium claim to the court in Georgia. In addition to proving that the injury led to a loss of companionship or support, you will need to provide evidence of your relationship with the injured party to establish the level of dependence.

The statute of limitations for medical malpractice is two years from the date of discovery of harm. However, there is a five-year total time limit from the date of the incident. So, if the discovery of harm took place more than three years after the medical procedure, you may have less than two years to file the suit.

Details of personal injury cases in Georgia

In Georgia, you can file a personal injury lawsuit to seek payment for medical bills that you incurred as a result of the defendant's action or negligence.

You can also seek compensation for the economic damage you suffered as a result of the injury. For example, you can ask the court to award you for the income you lost because you were not able to work during the recovery process. If you suffer significant injuries that keep you from resuming your job and career, you can also sue for future earnings and the support you would have provided to your spouse and dependents. This can include things like housing, college tuition, and even wedding expenses.

The defendant may also have to pay damages for emotional or psychological distress that occurred due to the accident and the resulting strain on your relationships and the loss of your previous quality of life.

All these claims require the support of evidence, testimony from witnesses, and a clear memory of the incident at the center of the case. Though there is a two-year statute of limitations, it is best to act as soon as you are able after the injury.

Do you need a lawyer for a personal injury case in Georgia?

There are several reasons that you would need a personal injury lawyer in Georgia. First, an attorney can help handle the details and evidence-gathering aspects of the suit while you focus on recovering from your injuries.

Second, personal injury cases often go beyond compensation for medical bills. An attorney can help you define the full extent of the damages so that you do not overlook anything and are able to include a request for fair compensation in your lawsuit.

Finally, an attorney can help you negotiate with the defendants before the civil trial. In some cases, you may be able to reach a settlement and avoid the stress and uncertainty of court hearings.

What Are Your Rights When You Are Victimized And Falsely Accused Of A Crime In The Workplace Or By A Shop Keeper?

Thu, 13 May 2021 19:57:52 GMT

False accusations in public businesses or the workplace

When a person is falsely accused of a crime as a patron or,worse yet, terminated under such circumstances in the workplace there are many things to consider. Paramount is the fact that a false accusation by an employer can be damaging not only to our careers but to our self-esteem as well. If you or someone you know has been falsely arrested or maliciously prosecuted by a business owner or your own employer, finding the right lawyer is crucial to your future. At Lopes Injury Law we have substantial experience handling such cases involving retailers, and both private and public companies. It’s important to know what to do in these types of scenarios.

Different types of situations

Sometimes the unfortunate scenario of being falsely accused of a crime by a business owner involves shop lifting. In Georgia, a shop keeper has the privilege to protects its goods. This privilege encompasses the right to stop one suspected of taking property from the premises, questioning that person, and likewise searching that person. However, the key principle that most business owners fail to consider is that the method they use must be reasonable, so as not to hold a suspect out to public spectacle and not to involve a breach of the peace. Moreover, if the shop keeper is wrong and the suspect did not take property belonging to them, should the act of protecting their property not be done reasonably then the shop keeper/business owner is liable and responsible to pay monetary damages

Sometimes the unfortunate scenario of being falsely accused of a crime in the workplace occurs involving an antagonistic supervisor or boss, who accuses the employee of battery after being n physically violated by the supervisor or theft in the workplace.This is a defeating situation, and an injured employee is often left to seek compensation by way of unemployment benefits or worker’s compensation. Such a situation can negatively affect our reputation and future employment. However, an employee has rights and options in regards to moving forward and receiving compensation.

Immediately hire an attorney

There are many different laws that apply to these situations. This is an area that is full of quasi-civil rights ramifications and hiring an experienced attorney at Lopes Injury Law should be your first move. Moreover, it is important to consider the criminal ramifications and the need to hire experienced criminal counsel immediately when you are accused of a crime, as the way your criminal case is handled may absolutely foreclose your ability to later file a civil law suit against the business owner or employer. Accordingly, hiring counsel to represent your interest early is most important.

Methods of dealing with false accusations

False accusations can be damaging to one’s career and reputation. Sure this is a situation that we never want to find ourselves in. Unfortunately, it does happen to a fair amount of people based on profiling, racial and ethnic bias, but we should always remember that we are not alone.

We’ll Fight For You!

If you, your family or a friend has been falsely accused of a crime by a business owner involving shop lifting or falsely accused of a crime in the workplace occurs involving an antagonistic supervisor or boss, please feel free to speak to Attorney Lopes about your case. We are able to assist you. We’ve helped victims recover millions of dollars for more than 20 years. Call us at (404) 589-9000 today.

Why You Should Hire An Injury Lawyer

Fri, 16 Apr 2021 19:52:51 GMT

It can be devastating to suffer an injury, and the more serious the injury, the worse it is. You may need medical treatment for a long period, or you could have permanent damage that will affect your quality of life. Regardless of how severe your injuries are, there’s one thing you need to do: contact Lopes Injury Law as soon as possible. Here we’ll discuss some of the reasons why hiring an injury lawyer is important.

Saves on Time and Money

Hiring a lawyer is better than trying to represent yourself. You will get the right advice, and you will get answers to your questions. You will know what to expect. You will get the right medical care, you need. Finally, you will also be able to find out about the process in the event a lawsuit should be filed and how long it will take to resolve your case.

Lopes Injury Law has handled cases where people have suffered injuries followinga auto crash, slip and fall accident, or other injury suffered due to the negligence of another for more than 25 years. If you have been injured and it was someone else’s fault, you deserve compensation. You deserve an experienced in personal injury law that give you personal attention, and your case is not given to a pool of paralegals. By hiring the right attorney for you, you will get the settlement you deserve, and you will be able to move on with your life.

Negotiate a Better Deal for You

As an injured accident victim, navigating the insurance procedure on your own is difficult. It is no secret that insurance companies know who will try a case and who will not. By hiring Lopes Injury Law the insurance companies will provide their best offer, rather than face a law suit. It is no secret that hiring an experienced attorney that will fight for you will obtain a negotiated resolution generally three hundred percent (300%) higher than if you had tried to resolve your own case, fighting through the corporate insurance blocks of an adjuster.

An Injury Lawyer Knows the Legal System

Personal injury law has many components, and a lawyer who concentrates on personal injury law is more likely to have extensive expertise. If you’ve ever been in a courtroom, you know how complicated and formal the procedures can be. After more than two (2) decades trying cases, Lopes Injury Law is familiar with procedures and tendencies of State and Federal courts all over the State of Georgia.

Have an Expanse Knowledge of Various Insurance Companies and Their Policies

Even though almost everyone has insurance, not everyone understands it. Even seasoned attorneys may be perplexed by insurance. Hiring a personal injury advocate ensures that you will get the best advice throughout the insurance claim procedure.

When hiring a personal injury attorney at Lopes Injury Law , you can expect us to fight for your rights, to know the law and which procedures to be followed, to know which insurance company will or will not adequately cover your medical bills and damages with or without a fight. When you hire Lopes Injury Law you maximize your chances of obtaining the maximum compensation. The are the results we speak of in our slogan: PERSONAL ATTENTION – PROVEN RESULTS. Make one of the best decisions you can make for your future. Give us a call today at (404) 589-9000.

Peace of mind

When it comes to whether you should hire an attorney, you should not take it lightly. Your future is at stake. When you hire the right attorney, you will find peace of mind, knowing your case will be handled right and you will receive the maximum compensation. Give us a call today.

All You Should Know About Confidential Settlements

Mon, 08 Mar 2021 20:47:54 GMT

Settlements are not at all uncommon, but they’re certainly not all the same either. A plaintiffs’ personal injury lawyer in metro-Atlanta should always look after your rights and focus on protecting your interests when negotiating a settlement. While confidential settlements are relatively common, they’re not automatically good or bad. The details always matter.

Settlement
A settlement is simply a resolution between two parties that are experiencing some sort of dispute. The vast majority of settlements are fairly straightforward. While the specifics vary quite a bit from case to case, the resolution is typically the most important component.

Often, a settlement involves a lump sum of money, although a structured settlement is paid out over an agreed upon period of time. In some instances, property is granted as well. Other obligations may be included, such as a public apology or other action. The details of a settlement are not automatically granted confidentiality. This is what sets a confidential settlement apart.

Confidential
Confidentiality is common in the business world as well as in the field of law. You’re probably already familiar with attorney-client privilege. It’s designed to protect your rights and your personal information. Today, privacy and personal protection are perhaps more important than ever before, since so many details seem to make their way online. Having a safe harbor where you feel protected is invaluable, and your attorney should take that duty quite seriously.

However, a confidential settlement is quite a bit different. Many advocates for public safety criticize confidential settlements, which are sometimes referred to as “secret” settlements. With a confidential settlement, all or part of the details of the settlement cannot be disclosed. While this may not necessarily allow a wrongdoer to hide facts regarding public hazards, the public at large can never be certain of this. Understandably, this makes some people very critical of the practice of confidential settlements. The fear is that wrongdoers are being insulated against repercussions, and the public could suffer as a result.

A confidential settlement could be used to hide information or to prevent the release of specific details that may be damaging to one or both parties. While this might allow a company or individual to save face and avoid public backlash or shame, it could in some instances allow hazards to remain in place without remedy and without a wider awareness being created. This would obviously serve to impede the process of correcting such issues or abating any related concerns.

Good or Bad
It should be obvious that whether or not a given confidential settlement is good or bad depends upon a number of variables. Without being involved in the settlement and being aware of the specifics, it’s impossible to know for certain from the outside if there are any potential public hazards. This uncertainty is also what makes many people skeptical of confidential settlements.

The terms of a confidentiality clause are negotiable. This is why it’s so important to have an experienced lawyer on your side. The phrasing of the confidentiality clause is incredibly important. It’s possible that both parties desire confidentiality, even if for very different reasons. Discuss the pros and cons of confidentiality with your attorney. It’s not possible to make a blanket statement as to whether or not a confidentiality clause would be to your benefit or not without being familiar with the intricacies of your case.

Having a Plaintiffs’ Personal Injury Attorney in metro-Atlanta on your side is always a good idea. If you’d like to learn more about confidentiality and legal settlements, call Lopes-InjuryLaw at (404) 589-9000 and request a free case evaluation.

Involved In A Car Accident? The First Steps To Take

Mon, 08 Mar 2021 20:45:32 GMT

Those first moments after a car accident are nerve racking. Whether you were in a severe accident or just a minor fender bender, it’s important that you know what to do in the event of a collision. The Lopes Law Firm is here to help. Once you’ve been involved in an accident, follow these guidelines to ensure that everything is handled in the correct manner.

In the event of an accident, stay calm. It’s easy to lose your head in the midst of a collision. By staying calm, it’s easier to remember what you should do and make wise decisions.
Check for injuries and call for help. Following an accident, check yourself for injuries. If you seem to be okay, check your passengers and those in the other car. Call an ambulance if necessary.
Investigate the cars. If the damage is minor, move them out of the road and to a safe area. If the damage is severe, leave them where they are and turn on your hazard lights.
Call the police. No matter how major or minor, call the police as soon as an accident occurs. This ensures that everything is documented correctly and prevents legal issues in the future.
Make notes about the accident. Take pictures of the damage done to your car, street signs, injuries, and anything else that is noteworthy. Jot down witness information and anything else that could be important later on.

These basic tips ensure that those crucial moments following a car accident are handled correctly. If you have been the victim of a car accident or have questions about a collision, hiring a personal injury lawyer is your best course of action. Contact The Lopes Law Firm today to discover how we can help your case.

How to Prepare for Your DUI Case

Wed, 01 Apr 2020 22:16:45 GMT

Have you been charged with a DUI? A DUI conviction can have a significant impact on all parts of your life, including your finances, your driving privileges, and your freedom. To prevent the charges from ruining your life, you need the best criminal law firm in Marietta, Cobb County GA , to help you prepare for your DUI hearing. Working with a criminal DUI attorney can get you the best outcome and protect your legal rights. Continue reading to learn how an experienced DUI attorney will help you prepare for the hearing.

STEP ONE: ENTER YOUR PLEA

How you plead during your arraignment determines the next step in the legal process. If you are without counsel and choose to plead guilty, the sentencing process happens and you face the consequences. However, if you plead not guilty, a trial date will be set where your attorney will challenge the evidence the prosecution has pertaining to your case.

This first step sets the tone for your case and it's important that you understand the evidence against you, the consequences of your decision, and all other facts pertaining to your case before you enter your plea. Your attorney will go over your options and guide you to make a sound legal decision.

STEP TWO: THE EVENTS OF YOUR UNIQUE CASE

Your attorney needs to know what happened that led to your arrest. This information is in police reports, but your attorney wants to hear your side of the story. The more information you give us, the easier it will be to develop a credible defense.

Your attorney will want to know why you were pulled over. Officers must have a reasonable suspicion to pull over a person for DUI. If you weren't pulled over for disobeying traffic laws, there's a possibility that the police acted outside the scope of their authority. This can have a favorable and huge impact in the defense of your case. It could potentially nullify your arrest and get your case dismissed.

Attorney Thurston Lopes, your criminal defense attorney in Marietta will also want to know if there were any witnesses in the car for testimonial purposes. Additionally, if you have a medical condition that could make it hard to pass a field sobriety test whether you were under the influence or not, your attorney needs this information.

STEP 3: PREPARE YOURSELF FINANCIALLY AND EMOTIONALLY FOR THE OUTCOME

Even if you're optimistic that your case won't end in a conviction, you must be prepared for the worst-case scenario. A first-time DUI offender often faces hefty fines and the suspension of their driver's license. They may also be ordered to attend a substance abuse program and perform community service. Repeat offenders could face significant jail or prison time and bigger fines. If you're convicted of DUI it's likely your insurance rates will go up. However, call The Lopes Law Firm at (404) 589-9000 , and Attorney Lopes can more often than not control the damage, and you will not face a worst-case scenario or anything like it.

If you've been arrested and charged with a DUI, your first step in preparing a defense should be to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has handled hundreds of DUI cases and knows what it takes to prepare your best defense. Don't try to navigate the legal process yourself. Without proper legal representation, you might say or do something that could have serious consequences. You need to hire the best Marietta, Cobb County DUI lawyer . Call The Lopes Law Firm at (404) 589-9000 to request a confidential case evaluation. You'll be glad you did.

Penalties You May Face After Physical Altercations

Sun, 01 Mar 2020 23:13:00 GMT

No one wants to face criminal charges. Bar fights may appear to be relatively harmless at the time, but serious penalties could be faced. Working with the best criminal law firm in Marietta, Cobb County and metro-Atlanta is the surest way to defend your rights. There are many ways that physical altercations can occur, but protecting your rights should always be the priority.

PHYSICAL ALTERCATIONS

There are many different types of physical altercations, with some being far more serious than others. Commonly, physical altercations fall into two categories that can be defined as a felony or a misdemeanor. You may stand charged of an assault and battery, each have two categories of their own: Simple Battery (a misdemeanor offense); Battery (a felony); Simple Assault (a misdemeanor offense); and Aggravated Assault (a felony) are all possible. The seriousness of the details of the altercation determine which classification is most appropriate; a misdemeanor or a felony charge.

BATTERY AND ASSAULT

Simple Assault (O.C.G.A. §16-5-20) is defined as attempting to commit a violent injury on someone else or putting them in a situation where it's reasonable they can be injured in such a manner. No physical contact is necessary to violate the law. Using your words is enough. The mere threat of injury or physical violence is sufficient for Simple Assault. If you were to threaten to beat someone or break their neck, or any other sort of threat of physical harm, you could be charged with Simple Assault.

Aggravated Assault (O.C.G.A §16-5-21) covers assaulting someone with the intent to murder, rape, or rob. Additionally, assaulting someone with a deadly weapon or with any object, device, or instrument which is likely to or actually does result in serious bodily injury qualifies as Aggravated Assault. A "drive-by shooting," or shooting a firearm from within a motor vehicle toward a person or persons is also classified as Aggravated Assault. Unlike Simple Assault, Aggravated Assault is a felony.

Simple Battery (O.C.G.A §16-5-23) and Aggravated Battery (O.C.G.A §16-5-24) are also distinct. Simple Battery is intentionally making physical contact of an insulting or provoking nature with the person of another. In more common language, this is taunting someone, such as shoving them or otherwise attempting to provoke them with a physical act. Another definition is intentionally causing physical harm to another person. An action could be considered Aggravated Battery if it involves intentionally and maliciously inflicting a serious injury to the victim, such as causing the loss of a limb or serious disfigurement. The disfigurement might be something like severe scarring, perhaps caused by a burn, cut, or other injury.

MISDEMEANOR

As noted previously, both Simple Battery and Simple Assault are misdemeanors. Accordingly, such offenses are less severe than a felony, and the penalty cannot exceed a year to serve in prison and a fine. Technically, a misdemeanor is a relatively minor offense when compared to a felony. While misdemeanors might not be as serious as a felony, they shouldn't be taken lightly. Both a fine and jail time could apply. If you've been arrested and charged with a Simple Battery or a Simple Assault, your first step in preparing a defense should be to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has handled several similar cases and knows what it takes to prepare your best case. Don't try to navigate the legal process yourself. Without proper legal representation, you might say or do something that could have serious consequences.

FELONY

Felonies are far more serious crimes. Aggravated Assault and Aggravated Battery are both felony offenses under Georgia law. Felonies carry a minimum term of one year in prison, although these terms are often more than one year but as high as ten years per charge. Notably, the Georgia Board of Pardons and Paroles currently does not consider these crimes to eligible for parole until 90 % of the sentence has been served. It is only in the rear case that a sentence for these more serious crimes are less than one year and depends upon the judge and the limits of a negotiate disposition between your attorney and the local District Attorney. If you've been arrested and charged with either of these serious felony offenses, do not delay to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has handled similar cases sense 1995 and knows what it takes to prepare your best case, negotiate a reduction in charges and successfully try your case for the best possible outcome. You cannot navigate this legal process yourself without serious consequences.

As you can see, physical altercations can lead to severe penalties. If you or a loved one has been arrested and charged with any of these offenses, you need to hire the best Marietta, Cobb County and metro-Atlanta Criminal lawyer . Call The Lopes Law Firm at (404) 589-9000 to request a confidential case evaluation. You'll be glad you did.

What You Should Know About the Death Penalty in Georgia

Sat, 01 Feb 2020 23:09:40 GMT

In modern society, the grave punishment known as the death penalty is reserved for the most heinous class of crimes that can be committed. These may be termed serious “capital” crimes. For those who are accused of such crimes, the death penalty can be proposed to exact the ultimate punishment on those who are found guilty. In many cases, the only thing standing between the accused and the death penalty is a highly qualified criminal law attorney in Marietta, Cobb County, GA .

In the state of Georgia, the statutes that govern criminal law allow the death penalty as an available option that prosecutors can pursue for a restricted group of crimes. For a time in the mid-1970s, the death penalty was ruled unconstitutional by the Supreme Court on the grounds that it represented cruel and unusual punishment. However, the practice was soon reenacted nationwide in 1976. Georgia was involved in the case that resulted in the ruling that the death penalty was unconstitutional as well as the ruling that later reinstated the practice. Keep reading below to learn more things that you should know about the death penalty in Georgia.

CRIMES WARRANT THE DEATH PENALTY

While some mistakenly believe that the death penalty is routinely considered in a wide variety of Georgia criminal cases, that couldn't be further from the truth. Georgia recognizes the death penalty as an option for the following crimes: murder, rape, armed robbery, kidnapping committed by a person with a prior record of conviction for a capital felony or while engaged in the commission of another capital felony. Generally, for a murder conviction to warrant the death penalty there must also be some qualifying criteria to result in the death penalty. Those criteria include:

Prior conviction of a capital crime
Murder committed during the commission of another capital crime or assault
Murder committed for monetary gain
Murder in which the weapon used could indiscriminately kill many people
Murder in which the victim was a law enforcement officer or judicial official
Murder in which the victim was tortured
Murder in which the offender was resisting arrest when the murder occurred
Murder in which the offender was in a correctional facility or was an escapee at the time of the murder
Murder when the offender had a prior conviction of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.

GEORGIA WAS AT THE CENTER OF NATIONAL DEATH PENALTY CASES

In 1972, the Supreme Court of the United States ruled in a 5-4 decision that the death penalty was unconstitutional because it was a form of cruel and unusual punishment. That opinion was rendered in the decision of Furman v. Georgia as well as Jackson v. Georgia and Branch v. Texas. Generally, the Court held that Georgia's laws tended to be biased against black defendants, although not all Justices agreed on that rationale. As a result of the decision the death penalty was declare a violation of the Eighth and Fourteenth amendments. All executions nationwide were placed on indefinite hold. However, another case involving the state of Georgia saw a reversal of that decision. In the 1976 case Gregg v. Georgia, the court ruled that the death penalty wasn't a violation of the Eighth and Fourteenth amendments and that the states could resume executions, only by lethal injection, so long as the death penalty isn't imposed in an arbitrary or capricious manner.

DEATH PENALTY CASES ARE INFREQUENT

Because of the high bar that Georgia criminal law has set when it comes to qualification for the death penalty, cases in which that punishment is warranted aren't as common as one may think. Because juries are generally reluctant to impose the death penalty, many prosecutors no longer seek it. When the death penalty is involved, the jury must unanimously vote to impose the punishment, or the case will result in a hung jury in the penalty phase. In such cases in which there is a dissenting juror, a life sentence will be imposed instead.

There are few cases encountered in Marietta, Cobb County, Georgia that will result in the sentence of death penalty, but Georgia does provide for capital punishment in the event of an egregious crime that meets the above mentioned aggravating circumstances.

If you've been arrested and charged with a serious capital felony, your first step in preparing a defense should be to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has what it takes to prepare your best case and defense. Don't try to navigate the legal process yourself. Without proper legal representation, you face very serious consequences. Hire the best Marietta, Cobb County Criminal lawyer .

Call The Lopes Law Firm at (404) 589-9000 to request a confidential case evaluation. You will be glad you did.

What You Should Expect from a Criminal Defense Lawyer

Sun, 15 Dec 2019 23:04:42 GMT

Criminal defense attorneys represent clients accused of many things, including traffic offenses, DUIs, drug offenses, burglaries, assaults, and murders. You've just found out that you've been charged with a crime. You need a criminal law lawyer in Cobb County and areas near Marietta , GA , but you don't know what to expect. How does it work? What do you need to do? You have the right to expect several things from the criminal lawyer

THOROUGH REVIEW

A criminal defense attorney should review your case thoroughly before providing you with any potential options or defense strategies. The lawyer should perform a legal and factual review of your case. The legal review should include:

A review of the charges against you to find any legal challenges that can be brought against the law you are charged with violating.
A review of the accusation against you to determine if there are deficiencies in how you were charged.
A determination of how the prosecution obtained its evidence to see if the evidence might be thrown out.

A criminal lawyer should review the facts of the case and listen to your side of the story. A great way to prepare for your initial consultation is to write down, in as much detail as possible, everything you remember about the incident. The attorney will also review any papers you received from the police or court about your case. This could be a ticket, a notice to appear in court, or a signed bail receipt.

You may have other documents connected to your case. For example, if you have been charged with theft, you could have a receipt for the item the police claim you stole. Or if you are charged with stalking, there may have been a civil protection order entered before the case began. Finally, a criminal lawyer will review any materials provided by the prosecutor in the case, along with any information uncovered by the attorney's own investigators.

EXPLANATION OF THE LAW

Once the review is complete, a good criminal defense attorney will explain the charges you're facing and discuss with you the laws involved. You should expect the attorney to be available to answer any questions you have. The attorney should give you a clear explanation of the possible plea options and the ramifications of taking a plea deal or going to trial.

OBJECTIVE ADVICE

The good criminal defense attorney, such as Attorney Lopes should offer you objective advice to help you decide how to proceed with your case. Your attorney should tell you the truth, clearly explain to you the strengths and weaknesses of your case, and make sure you understand what punishment you are facing.

ADVOCATE

If you elect to plead guilty, you should expect your lawyer to negotiate the most favorable plea possible with the prosecutor. If a plea bargain is reached, you should expect a lawyer to explain clearly all the ramifications of accepting the agreement.

If you elect to go to trial, you have a right to expect your lawyer to advocate strongly on your behalf. You should expect your attorney to spend time preparing you and your witnesses to testify. At a sentencing hearing, where there is no agreement on the sentence to be imposed, you should expect your lawyer to advocate for the lowest possible sentence. Your lawyer can argue for probation over jail time.

If you're charged with an offense, call The Lopes Law Firm at (404) 589-9000 and request a case evaluation. Our attorneys are here to help.

Main Qualities to Look for in a Criminal Defense Attorney

Sun, 01 Dec 2019 23:00:16 GMT

No one ever hopes to be charged with a crime, as the consequences of conviction can impact the rest of your life. The stress and expense that goes along with facing a criminal charge and building a criminal defense case can be quite disruptive and can have a tremendous impact on your financial and mental well-being. That's why it's important to find the best criminal defense attorney available to handle the details of your case and help you construct a winning strategy.

When it comes to finding the right attorney, it's sometimes difficult to choose among the many criminal defense lawyers in metro-Atlanta and Marietta, GA . Not all lawyers are equally skilled and experienced. Furthermore, some defense lawyers, like Attorney Lopes may have more experience dealing with the charges you face, which will give them an advantage over an unseasoned lawyer who is out of his or her element. Fortunately, there are some common traits shared among good criminal defense attorneys that can help you make a selection when attempting to hire the best lawyer for your case. Here is what to look for in a criminal defense attorney.

COMPASSION

If you're in the market for a criminal defense attorney, there's a good chance that you've already been through quite an ordeal. Whether you believe yourself to be guilty or innocent, being charged with a crime can represent one of the most trying times in a person's life. Therefore, it's important to find a lawyer who can understand your state of mind after being charged with a crime and offer patient, informative advice about your case. While a direct approach is always good, there's something to be said about an attorney who has compassion for your plight and legitimately wants to help you reach the best possible resolution in your case.

EXPERIENCE

As is the case in many professions, when it comes to the law, experience usually trumps education. A newly minted lawyer may have been at the top of the class, but until that attorney gains some real-world courtroom experience, that education remains in the realm of the theoretical. When you've been charged with crimes, you want a lawyer who knows the legal landscape and is familiar with what it takes to build a credible, successful defense. It is best to have a lawyer who isn't only experienced, but who have been successful in defending others who have been charged with crimes like the ones you're facing.

CONFIDENCE

The stereotypical lawyer isn't someone who lacks confidence. After all, if a lawyer doesn't present the perception that the client is innocent, then the prosecutor, judge and jury will have a hard time accepting that as well. However, when it comes to specific areas of the law, you want an attorney who is confident that your case is realistically winnable. Some lawyers may be confident in defending clients against assault charges but have little confidence when it comes to defending against DUIs. Make sure that the lawyer you select is not only confident when it comes to the area of law pertaining to the charges against you but he or she must likewise present a realistic approach.

COMMUNICATIVE

Always choose a lawyer who communicates with you about your case. A steady line of communication will be critical to your defense. Not only will you want some peace of mind offered by your attorney, but there are also some details that will need to be communicated to you throughout the lead-up to your trial and the disposition of your case.

If you've been charged with a crime, your first step in preparing a defense should be to find a qualified criminal defense lawyer, like Attorney Lopes to prepare your case. Attorney Lopes of the Lopes Law Firm has the traits you are seeking. He will provide you with a solid defense and increase your chances of successfully avoiding the consequences of the charges against you. To learn more, call The Lopes Law Firm at (404) 589-9000 to request a case evaluation. You will glad you did.

What Should You Do After a DUI Arrest?

Fri, 15 Nov 2019 22:54:53 GMT

Countless people are arrested for DUI in the United States each year. Each DUI arrest is unique, but many of the steps that follow the arrest are the same. Knowing those steps and how to conduct yourself can be essential if you're arrested for a DUI in Georgia.

DO NOT COOPERATE WITH AUTHORITIES

Surely it is correct and often a matter of your personal safety to be polite when dealing with police. However, it is not your job as a citizen to cooperate with the police before and after your arrest. Police officers trick the general public into believing that at a vehicle stop, you have to take field sobriety tests. Under Georgia law no driver is ever required to give field sobriety tests, but the police have no duty to inform citizens of this fact. The police may request that you take a breath alcohol test following an arrest for DUI, assuming the police officer gives you implied consent warnings. You have a right to refuse such a test, as the Georgia Supreme Court has recently ruled in 2018 that such tests are inadmissible and coercive. However, the Georgia Supreme Court has not likewise ruled that blood alcohol tests are inadmissible. If you refuse the test, your driver's license may be suspended for a year. Moreover, if your reading is above the legal limit — .08 percent in Georgia — your driver's license may also be suspended for a year. Accordingly, if you know that you might be intoxicated it is not in your best interest to cooperate with police. Though you'll be arrested and taken to jail, an experienced attorney like Attorney Lopes , who has handled countless DUI and administrative license suspension hearings can provide you excellent representation.

CONTACT A LAWYER

A DUI lawyer who handles cases in Cobb County and all municipal courts near Marietta, GA, can help you. Contact Attorney Lopes , an experienced in DUI lawyer, and not a general lawyer. DUI laws can be complicated, and they change often. A good DUI lawyer can let you know what to expect and what you need to do.

POST BAIL

You may be required to post bail for your release. You pay a fee to a bail bondsman, who guarantees you'll show up for court. If you don't show, the bail bondsman will come looking for you. In some cases, you may be released on your own recognizance, meaning you promise to show up for a hearing and don't have to pay any money.

REQUEST AN ADMINISTRATIVE LICENSE SUSPENSION HEARING

Police officers frequently fail to provide license suspension documents, as required by law if you refuse the State Administer Chemical Test of your Breath, Blood or Urine or your reading is above the legal limit. Make no mistake, several officers do this on purpose, as though citizens are called to cooperate with them, they are not fair to us. You have a certain amount of time — 30 days in Georgia — to request a hearing to the Georgia Department of Driver Services along with a payment of $150.00, to determine if you'll be allowed to keep your license. If you don't request a hearing within the time allowed, your license will be suspended for a year in Georgia. Accordingly, every DUI case not only has a criminal component, but it also has a civil component in Georgia involving your continued right to drive on the roadways of Georgia. If you fail to request this hearing and fight for your driver's license it will be suspended, it is nearly impossible to have your license reinstated after the suspension period begins unless the matter can be overcome in the criminal traffic court.

MAKE NOTES

While the event is fresh in your mind, jot down things like what you were doing before the DUI arrest, what happened at the scene of the arrest, what you said to the police, and whether there were any witnesses.

UNDERSTAND YOUR ARRAIGNMENT AND PLEA AND OPTION FOR TRIAL

At your arraignment it is never a good idea to not have an experienced DUI lawyer, like Attorney Lopes at your side. At the arraignment, an experienced DUI lawyer will file motions to preserve your rights and place the State on the defense to prove its case to be sound. Accordingly, if you don't have an experienced attorney yet, consider calling The Lopes Law Firm at (404) 589-9000 , or if you must appear in court without an attorney always ask the Judge for time to hire your own attorney. You should always plea “not guilty,” so you have the opportunity to fight the charges of DUI. Once you do hire competent counsel, your attorney may request the State's file, find and discuss weaknesses with the prosecution, work out a plea bargain, or get ready to present legal motions that may challenge the validity of the stop of your vehicle or the validity of the officer's actions and get ready for the trial of your case.

If you decide to plead guilty to the charges, an experienced DUI lawyer, like Attorney Lopes may be able to reduce the charges in your case or provide you the option of receiving a reduced sentence. It is not uncommon for an experienced DUI lawyer to be able to preserve your rights to drive on a limited basis even if you enter a guilty plea to the charge of DUI in Georgia.

APPEAR FOR COURT

Be professional at your court appearances. Show up on time, keep your composure, and show respect for the court. Dress appropriately. If you're a female, wear a skirt or pants with a blouse. If you're a male, wear a shirt, tie, and pants. Bring family members or others to support you, and make sure they act and dress in a professional manner.

If you're arrested for DUI, call The Lopes Law Firm at (404) 589-9000 and request a case evaluation from Attorney Lopes. You will be glad you did.

Common Mistakes to Avoid in a Criminal Case

Sat, 08 Jun 2019 21:49:58 GMT

If you're unfortunate enough to find yourself charged in connection with a crime, you may well be involved in one of the most trying circumstances you'll ever face. If you're accused and arrested, the immediate actions you take can impact the remainder of your life. Criminal charges and convictions can alter your career trajectory, cause rifts with friends and family members, and result in severe punitive measures enforced by the state. No matter what criminal charges you're facing, it's important that you contact a criminal lawyer immediately to protect your rights and prepare your defense.

Criminal cases in metro-Atlanta and Marietta, GA are different in each county, and they aren't navigable by the average person. You'll need a skilled, experience attorney to help shepherd you through the process and defend you against the charges you're facing. It's important that if arrested, you avoid some of the most common mistakes that are made by the accused that can put the success of your criminal defense in jeopardy. Even the best criminal defense lawyer in Atlanta, may not be able to help you if you fall into these initial errors in judgment. Read on to learn more about a few of the common mistakes that you must avoid if you're facing criminal charges.

MISTAKE 1: NOT HIRING A LAWYER

When you are charged with a crime, your first call shouldn't be to friends, family members, or the police. In fact, the first person you should talk to after being charged is your attorney. Whether you have a relationship with a lawyer before you are charged or not, it's important that you immediately find suitable counsel before answering any questions or talking to anyone about your case. In some criminal cases, the defendant may believe that hiring a lawyer is unwarranted. However, a skilled defense lawyer who has years of experience in both metro-Atlanta and Marietta, GA can provide you with your best chance of fair treatment in the courtroom and a successful defense of your case.

MISTAKE 2: WAITING TO HIRE A LAWYER

Another common mistake made by those facing criminal charges involves not immediately hiring a lawyer while operating under a belief that the charges may disappear. Whether you believe the case against you is fraudulent or the evidence will prove your innocence, there is no criminal law circumstance in which the accused should go without legal representation. The evidence may indeed be on your side and your innocence may eventually be proven. However, you still need to hire an attorney as soon as you are charged to offer counsel and act on your behalf to protect your rights and interests. Waiting until the trial date to hire an attorney is a big mistake, as the shortened timeline to prepare your defense could hamper your case.

MISTAKE 3: TALKING WITHOUT A LAWYER PRESENT

Many people are so shocked and intimidated at the prospect of arrest and subsequent criminal charges that they undermine their own cases by speaking prematurely. If you are arrested, you have the right to remain silent. When you are armed with the knowledge that anything you say will be used against you, do not speak to police. There is nothing to be gained by offering information without your attorney present, even if you are pressed by the arresting authorities. You don't have to answer questions or offer any information that is requested before speaking with an attorney. In fact, it is critical that you don't speak to anyone after your arrest. Instead, you should ask for your attorney and avoid answering any questions or offering any information until your attorney is on-site. That will help to ensure that you don't say anything incriminating and that no information you offer can be used against you in a trial.

If you find yourself charged with a crime, your first step should be to contact Attorney Thurston Lopes of The Lopes Law Firm and the legal representation you need. Your best chance of a successful outcome to your case is hiring the best criminal attorney in metro-Atlanta and Marietta, GA to defend your rights. Call The Lopes Law Firm at (404) 589-9000 and get a case evaluation today, so don't wait.

What Defines Criminal Assault?

Thu, 25 Apr 2019 20:41:34 GMT

If you become involved in a dispute with a neighbor, a fight at a bar, or a heated exchange of words with a stranger, can you be charged with criminal assault? Both state governments and the federal government have assault laws. The assault laws are similar, but they differ in some respects. If you're charged with assault in Georgia, call a criminal defense attorney in metro-Atlanta or Marietta . The charge may be a misdemeanor or a felony, depending on the severity of the offense. In either case, it's best to have an experienced criminal attorney on your side.

ELEMENTS OF CRIMINAL ASSAULT

A criminal assault can be committed in 2 ways in Georgia. The first is simply a person attempting to cause an injury to another person. For example, if you attempt to hit someone with a bat or stick, you don't have to actually strike the person to be guilty of assault. A second way to commit criminal assault occurs when you perform an intentional act or threaten an action that causes a reasonable person to fear impending violence. For example, if you're angry and you threaten to beat someone up and that person believes you intend to do so, this is considered assault.

AGGRAVATED ASSAULT

In Georgia, you can be charged with simple assault or aggravated assault. Aggravated assault, which is a felony, can be committed in 3 ways:

An assault with the intent to rob, rape, or murder someone
An assault with a deadly weapon or any object that can be or is used to cause a serious injury to another person
An assault by firing a gun from a vehicle

BATTERY

Often someone who is charged with assault will also be charged with battery. The difference between assault and battery is that battery involves physical injury or harm. For example, if someone strikes you in the back of the head and you don't see the punch coming, the appropriate charge is battery, not assault, because you didn't fear you were going to be struck. An assault can be committed without a battery.

In Georgia, aggravated battery, which is a felony, occurs when you intentionally inflict a serious injury upon someone. Examples include battery that results in broken bones or injuries requiring surgery or hospitalization.

CONSEQUENCES

The punishment for simple assault in Georgia is up to a year in jail. For aggravated assault, the punishment is 1 to 20 years. You can get probation for all or part of the sentence. You can also be fined and required to pay restitution to the victim. Restitution involves reimbursing the victim for his or her expenses, such as medical bills.

LEGAL REPRESENTATION

If you're charged with assault and/or battery, an experienced attorney can investigate the case to see if the facts support your innocence or show a defense. The experienced attorney will negotiate an outcome with the prosecution and advise what actions can be taken to demonstrate mitigating reasons to reduce the charges that you may be facing. You may be able to plead guilty to a lesser offense, perhaps simple assault rather than aggravated assault. An attorney who is as experienced as Attorney Lopes may even work out a deal where you are allowed to serve all or part of the sentence on probation.

If you've been charged with criminal assault, call The Lopes Law Firm at (404) 589-9000 to discuss your individual situation right away.

Everything You Need to Know About Malicious Prosecution

Fri, 15 Mar 2019 20:34:15 GMT

If you've been wrongfully prosecuted, you might be able to file a malicious prosecution lawsuit for damages against the person who initiated the charges or filed the suit against you. Learn about what malicious prosecution is and what is required.

ELEMENTS

Four elements are required to establish a claim for malicious prosecution:

Initiating or continuing of a criminal legal proceeding: The person whom you are suing (the defendant) must have brought criminal charges against you against you. For example, someone swore out a warrant for your arrest.
Lack of grounds: The defendant did not have reasonable grounds or probable cause for accusing you of a crime against you. For example, the defendant knew you weren't the person who assaulted him or her, or the defendant knew you didn't owe him or her money but continues the case.
Bad motive: The defendant acted with malice in bringing charges against you.
Favorable termination: You must receive an outcome or judgment in your favor. A jury returned a not guilty verdict in a criminal case, the charges against you were dropped due to the lack of evidence, or the judge dismissed the case on its merits.

If you think you have a case, contact a civil rights attorney to evaluate your case.

DAMAGES

In a malicious prosecution lawsuit, you can recover damages you suffered because of the criminal charges. You can get the money you lost as a result of spending time in jail. You can receive compensation for lost wages and the cost of defending the charges, and you may recover for damage to your reputation or for the emotional stress you suffered.

IMMUNITY

Prosecutors and law enforcement officers enjoy qualified immunity from suits for malicious prosecution. If you're filing a malicious prosecution suit against a prosecutor or law enforcement officer, you must show he or she acted outside the scope of his or her employment and engaged in willful and unreasonable conduct.

SIMILAR LAWSUITS

A suit for malicious prosecution is not the same as a suit for false arrest or a suit for false imprisonment. The basis for a false arrest suit is an arrest without the proper authority to make the arrest. The basis for a false imprisonment suit is confining someone against his or her will. To prove a malicious prosecution suit, you must show someone used the court system by initiating criminal charges.

TIMELY SUIT

If someone files criminal charges against you without any reasonable grounds and you receive a favorable outcome, you have two years in Georgia to file a malicious prosecution lawsuit.

Contact a civil rights attorney in metro-Atlanta , if you think you may have grounds to file a malicious prosecution lawsuit. Call the Lopes Law Firm at (404) 589-9000 . We are here to help you.

4 Advantages of Hiring a Drug Crime Lawyer

Sun, 10 Feb 2019 21:28:53 GMT

Have you been charged with a drug-related crime? When you're facing charges for drug use, sales, or possession, you need the best criminal attorney in metro-Atlanta. The legal process isn't easy to understand and too many people attempt to represent themselves in these cases. While it's your right to do so, it's not recommended. People who don't have the best representation are more likely to face jail time, fines, and even property forfeiture. If you're in this situation, keep reading to learn more about how a drug crime lawyer can help you.

#1 – PROTECT YOUR RIGHTS

The legal system gives defendants in all cases, drug-related or not, certain rights. These rights are what keep the legal system fair and protect people's right to a defense. Even though you're entitled to Constitutional Civil Rights, the legal system doesn't jump through hoops to make sure you understand this. Hiring a great criminal attorney in metro-Atlanta is the first and best step toward protecting you. In the area of drug arrests, Attorney Lopes has substantial experience and can identify that several drugs arrests are the product of the following:

A traffic stop for an alleged traffic offense;
The product of racial profiling;
An overzealous officer entering a home without a warrant; or
Other methods bad actors use to fabricate a false right to search a person, vehicle, or other area.

The Lopes Law Firm fights hard to assure the government does not infringe upon your civil rights, and Attorney Lopes has been very successful in keeping out evidence of drugs from the government's prosecution by filing a Motion to Suppress Evidence.

#2 – AVOID EMPLOYER DISCRIMINATION

When you're charged with a drug crime, the legal process takes time. It doesn't go as quickly as it does on television, but it's still a dramatic process. Often, people face discrimination from their employers when facing these charges and are treated adversely by the non-legal community. Attorney Lopes goes the extra mile to help our clients maneuver potential civil problems that occur as the result of the drug charge.

#3 – EXPLAIN CONDITIONS OF PLEA DEALS

Good criminal defense lawyers don't just accept a plea deal unless there is absolutely no choice. The Lopes Law Firm fights for your rights, and if we can successfully keep out evidence as a result of the government violating your rights, the case will be dismissed. Accordingly, such a threat to the government's case generally forces the prosecution to give our clients the best plea deal.

Whether a client accepts the deal is his or her choice. However, Attorney Lopes understands the ramifications of accepting a plea deal. While your criminal attorney in Atlanta or Marietta, GA can't force or forbid you from taking the plea deal, and they should guide you through the process. Having an experienced attorney by your side during this time helps you understand the consequences of taking a plea deal or going forward with a Motion to Suppress Evidence or taking your case to trial.

Some people decide to take a plea deal because they don't want to put themselves or their families through the stress and expense of a trial. However, what many defendants don't realize is how accepting a plea deal, no matter how attractive it might be, can affect their future. Depending on the terms of the deal, it could affect your freedom, your ability to earn money and provide for your family, and your long-term financial situation. An experienced attorney to guide you makes all the difference.

#4 – PREPARATION FOR POSSIBLE JAIL TIME

If you're facing mandatory jail time for the crime you're charged with, your attorney will work with you to prepare for this consequence. Criminal defense attorneys work with their clients to help them find legal ways for their family to maintain property that might be seized after incarceration. Most people convicted of drug-related crimes don't understand how much their family will be affected by incarceration. Your attorney will guide you as you move along this path to help make the transition for all involved as easy as possible.

Drug crime lawyers don't just look out for their clients' legal interests. The best ones are also concerned about their clients' long-term mental and physical health. The majority of people charged with drug crimes aren't hardened criminals, but have substance abuse problems. Great drug crime lawyers help their clients find treatment programs and advocate for their recovery.

If you have been charged with a drug crime and need a criminal defense attorney in metro-Atlanta or Marietta, GA, contact The Lopes Law Firm. Attorney Lopes would be happy to discuss your individual case and plan your defense.

Atlanta DUI Penalties: Everything You Need to Know

Tue, 01 Jan 2019 21:22:19 GMT

Thinking of driving while impaired in metro-Atlanta or Cobb County? Before you get behind the wheel after having a few drinks, make sure you know what penalties you're facing if charged with a DUI. In the several metro-Atlanta Municipal and County State Courts, drivers are charged every day with serious DUI offenses that have varying degrees of penalties depending on your driving record and criminal history. In this post, you'll learn more about the types of penalties that are handed down when a person is found guilty of driving under the influence.

DRIVER'S LICENSE REVOCATION OR SUSPENSION

It's not shocking to learn that if convicted of a DUI that you'll lose driving privileges. Depending on whether this is your first, second or third conviction and the judge's ruling you could either have your license suspended for a year or more or completely revoked. The amount of time that one's driving privilege is revoked depends on the seriousness of the offense and if you're a repeat offender. People who have had previous DUI convictions may lose their driving privileges for up to five years. Once the revocation or suspension period ends, you must apply for a new license and pay all applicable fees and meet the DDS requirements.

CLINICAL EVALUATION REQUIREMENTS

Many people are surprised to hear that once convicted of a DUI that they'll be required to have an evaluation to determine if they have substance abuse or alcohol issues. The evaluator who makes this determination must be approved by the Georgia Department of Behavioral Health and Developmental Disabilities. If the clinical evaluation states that you appear to have substance abuse or alcohol issues, you'll be required to complete a substance abuse treatment program. Your DUI attorney should have information to help you find an approved clinical evaluator.

FINES

In the state of Georgia, drivers convicted of driving under the influence must pay fines as part of their criminal sentencing. When you meet with Attorney Thurston Lopes regarding your DUI in metro-Atlanta or Marietta, GA, he'll explain your options and the possible fees that you're facing. First conviction fines start around $1,000, but if you've been convicted multiple times of DUI, count on paying as much as $10,000 in fines. Not only must you pay these fines as part of your sentence, but you'll also have to have the fine paid before you get your license reinstated.

JAIL TIME

Serving a sentence behind bars is a concern for many people facing a DUI conviction. It's an outcome that most hope their DUI lawyer in metro-Atlanta or Marietta, GA, can help them avoid. Jail sentences for first-time offenders can be up to one year, but they are generally limited to three (3) days or less. Repeat offenders often face 30 days or more. However, what often times those convicted are allowed to serve their time in the evening, weekends or at home while wearing a GPS monitoring device.

COMMUNITY SERVICE

Did your DUI lawyer in metro-Atlanta or Marietta mention that community service is required when a DUI conviction is handed down? In Georgia, everyone convicted of driving while under the influence of alcohol or drugs must participate in non-paid community service. The probation department of the court generally must approve the program you volunteer with. However, you don't have to petition the court personally for approval because the court already has a long list of approved organizations to contact.

If you've been arrested for DUI, you're probably asking the following. How do I find a DUI lawyer near me in Marietta ? To find an experienced and qualified attorn ey that may be able to save your driver's license, have your charges reduced or even dismissed in some circumstances, call The Lopes Law Firm at (404) 589-9000. Attorney Thurston Lopes has more than 20 years of experience, and he would be happy to evaluate the circumstances of your case.

Different Types of Misdemeanor Charges Explained

Sat, 01 Dec 2018 21:18:50 GMT

Have you been charged with a misdemeanor? If so, you need the best criminal attorney in metro Atlanta and Marietta to defend you against the charges to reduce fines and time served. When it comes to criminal law, misdemeanor charges don't often seem like a big deal, but they are. Many people don't understand how a misdemeanor charge affects their life. In this article, you'll learn a little more about these kinds of criminal charges and how they affect your life.

WHAT IS A MISDEMEANOR?

This lesser type of crime isn't considered as serious as a felony and doesn't come with the same long-term punishments. However, it's more serious than a minor traffic violation or other infraction. Depending on state law, most misdemeanors are punishable by a short jail sentence (no more than a year) and/or a fine. Like felonies, misdemeanors are divided into classes such as A, B, C, and D. Typically, Class A misdemeanors carry the most severe penalties.

Examples of misdemeanors include instances similar to the following:

Possession of Marijuana
Driving Under the Influence
Simple Assault and Battery/Domestic Violence
Petty theft
Stallking
Obstruction of an Officer
Driving on a Suspended License or without Insurance
Passing bad checks (under a certain amount)
Criminal Trespass

The list isn't all inclusive, which is why it's important to contact a criminal attorney right away after an arrest. The sooner you have legal representation, the better it is for your defense. Often, when there isn't enough evidence to support a felony conviction, defense attorneys are successfully able to plea out to lesser misdemeanor charges for their clients.

THE LEGAL PENALTIES ASSOCIATED WITH MISDEMEANOR CHARGES

State law dictates penalties. To learn more about the penalties for a misdemeanor offense, you need to contact a criminal attorney in metro Atlanta and Marietta, GA. That being said, there are different punishments for the different classes of offenses. However, it's also important to keep in mind that repeat offenders aren't always give the same sentence for the same offense. Repeat offenders often risk higher penalties even for lesser crimes to the extent that the law will allow. Additionally, Georgia has strict firearm laws that require individuals charged with misdemeanors to surrender their carry permit or license to have guns. This is most notable if you are charged with an offense of domestic violence, which may prevent you from legally owning a weapon in the future.

CONTACT THE LOPES LAW FIRM

If you're being charged with a misdemeanor offense, it's imperative to seek counsel right away to protect your rights. Even if you're guilty of the crime, you still need the legal advice of an experienced attorney to guarantee that you get a fair outcome. An experienced criminal lawyer can argue your case to get a lesser penalty that reduces jail time and fines owed. To learn more about misdemeanor representation, call The Lopes Law Firm at (404) 589-9000 and we will be happy to evaluate your individual situation.

All You Should Know About Drug Trafficking

Mon, 01 Oct 2018 20:11:45 GMT

Have you been charged with drug possession or trafficking? If so, you need the expertise of an experienced drug defense lawyer right away. Individuals carrying even small amounts of illegal substances and subsequently arrested need to mount a proper defense to avoid jail time and fines owned. Here are some things you need to know about drug related and trafficking offenses.

FORGET WHAT YOU KNOW FROM TELEVISION SHOWS

You might think you know how prosecution for drug trafficking cases work because you've watched your fair share of “Criminal Minds,” but the real-world isn't like television. You don't need a truck full of meth, heroine, or marijuana to be charged with a serious drug possession offense. All you need is a minuscule amount to face serious prison time. That's why you need a drug defense lawyer in metro-Atlanta and Marietta working for you the second you're arrested.

DON'T SAY ANYTHING

This should go without saying, but often people get arrested for possession and try to explain why they have drugs on them. The police don't care if the marijuana is for epileptic seizures and you left your medical marijuana card at home in Colorado. All they'll hear is an admission of guilt and also charge you with trafficking drugs over state lines. Do you see how quickly these situations can escalate? The point is that you should never try to defend yourself. Leave that to your defense lawyer.

TREATMENT VS JAIL

Even if you're using drugs recreationally and not selling, the police do not see it the same way. In the United States, people who habitually abuse and use drugs, need proper treatment, but that doesn't always happen in a criminal case. When people are picked up and found to be carrying drugs on them, they will face criminal charges. Often, this fine line frustrates family members who see the drug use as an illness and not worthy of incarceration. Instead, families want their loved one to get chemical dependency treatment.

That is why it's important to hire a drug violation lawyer in metro-Atlanta and Marietta to defend drug abuse charges. In many cases, the prosecutor or judge might be willing to assign treatment as a sentence in lieu of jail time. Of course, this assumes that the drug possession charge is the only charge. If you're trafficking drugs and were involved in a violent crime, robbery, hit and run, etc., it's more likely that you'll face tougher penalties.

GET LEGAL ADVICE NOW

Nothing in this article should ever be construed as legal advice. Anyone facing a drug charge needs the legal expertise of a drug defense lawyer . Attorney Thurs ton Lopes is very familiar with cases such as yours after 25 years of experience. Neither are all drug offense cases are the same, nor are all lawyers. Contact The Lopes Law Firm. We can increases your chances of less jail time and fines owed, and in some cases even get your case dismissed. Give us a call at (404) 589-9000.

What Happens if You Violate Probation in Georgia?

Sat, 01 Sep 2018 20:04:25 GMT

It's obviously recommended that you never violate probation. Probation always comes with specific requirements, and your probation terms are set with the assumption that you'll follow them. Once those rules have been defined and established, there's really no room for discussion or debate. Violation of probation can have severe and enduring consequences. Indeed, adhering to your probation guidelines is key to preventing a whole host of disastrous outcomes.

TYPES OF VIOLATIONS

There are several different ways that you could violate probation in Georgia, but they all fall under three distinct categories: technical violations, special-condition violations, and substantive violations. If, for whatever reason, you don't meet a technical condition for your probation, such as if you didn't pay a fine or fee, didn't pay a necessary restitution, or you didn't report to your probation officer as instructed. Leaving the jurisdiction could also be a technical violation, depending upon the terms of your probation.

If you didn't meet or don't continue to meet a special condition of your probation, that would be a violation of that special condition. An example of that would be not maintaining gainful employment, not avoiding contact with the subject of a restraining order, or not meeting any of the other special conditions that were explicitly set as part of your probation. A substantive violation happens if you're arrested for another crime, while you're still on probation. Any and all violations should be avoided. The results of violating your probation can be quite serious.

CONSEQUENCES OF VIOLATION

There are many possible outcomes for violating your probation, and none of them are good. You could be ordered to pay a substantial fine or spend extra hours performing community service. Those are somewhat typical if the probation violation is considered to be relatively minor. A common consequence is that your probation is extended. This could be for several months or even years, which would be determined by the details of your case. If deemed appropriate, special conditions may be added to your probation. You might be required to undergo counseling for drug or alcohol abuse. In some instances, your probation will simply be revoked outright. If the violation is thought to be severe enough or is criminal in nature, you could be incarcerated.

If you've violated probation, you should contact an attorney immediately. Criminal law in Marietta and the Atlanta area isn't a common specialty, but it's always in your best interest to seek o ut an attorney with experience and a history of success. The sooner you speak with a lawyer, the more quickly they can begin protecting your rights. You should never take your freedom or your rights for granted. Having a capable lawyer on your side is always a good idea, especially if you want the best possible outcome. Call The Lopes Law Firm at (404) 589-9000 or request a consultation.

Drug Probation Violation: All You Need to Know

Mon, 06 Aug 2018 19:52:35 GMT

Talking to a criminal defense attorney with substantial experience handling drug cases in metro-Atlanta and Marietta is essential if you've been arrested for violating the terms of your drug related probation. Unfortunately, sometimes the situation is all a matter of being in the wrong place at the wrong time. Work with a lawyer to sort out the situation and have the best chance of success possible. Here are some things you need to know about drug violations and what you can do about it.

TYPES OF PROBATION VIOLATIONS

Although probation violation laws vary from state to state, there are some violation laws that are pretty standard across the board. Any of the following violations may get you in serious trouble:

Neglecting to appear in court
Failing to report to your probation officer
Failure to pay required fees or victim restitution
Traveling out of state without letting your probation officer know
Engaging in criminal activity

Although some of these seem like they may be common sense, violations happen all the time for a number of reasons. Sometimes the violation may not even be your fault.

CONSEQUENCES OF PROBATION VIOLATION

If you've violated the terms of your drug probation, the consequences of your actions, whether inadvertent or not, may seem stiff. If you've been found to be violating your drug probation, you may get a warning from your probation officer and/or be requested to appear in court.

The consequences of a drug probation violation vary widely and are largely up to the discretion of your probation officer. They will usually consider past offenses and the severity of the condition that you violated, as well as other factors, when identifying the appropriate consequence.

COURT APPEARANCE

During your court appearance, the judge will determine if you actually did violate your probation. This is dependent largely upon the same factors the probation officer uses to determine probation violation in the first place. If you're found to have violated your probation, the judge may:

Order a longer probation term
Order you to spend your remaining probation in jail
Sentence you to jail
Impose additional probation terms

Sometimes, bad things happen despite your best efforts and often this results in a violation of your drug probation. When you're facing serious drug charges or a violation of your probation, working with a criminal defense attorney with substantial experience handling drug violation in metro-Atlanta and Mariett a is critical to getting your life back to normal as quickly as possible. Make sure you know all of these things when it comes to working with an attorney to provide the best defense so you can navigate the process as smoothly as you can.

Give us a call at (404) 589-9000 . The Lopes Law Firm is here to help you!

Falsely Accused of a Crime? What are your next steps?

Wed, 25 Jul 2018 19:26:21 GMT

Though the criminal justice system was designed to protect citizens and promote order in our society, it's not a flawless system. Sometimes, people are falsely accused of a crime and can end up going to trial or jail if the case is not handled correctly. Accusations like these can have a serious impact on your future opportunities. If you have been wrongly accused of a crime, follow the steps below to give yourself the best chance of avoiding a conviction.

HIRE A LAWYER

The first thing you should do if you are falsely accused is hire an experienced attorney. Many people hold the misconception that finding a defense attorney will make you appear guilty, but this is simply not true. By finding the best criminal defense attorney in metro-Atlanta and Marietta early on in the process, you can reduce your risks and increase your chances of getting a dismissal of the charges or a verdict or being found innocent at trial. A skilled lawyer can walk you through the process, provide support, and help you build a solid case.

USE YOUR RIGHT TO REMAIN SILENT

After hiring an attorney, their first piece of advice will likely be to remain silent. Even if you're innocent, you may offer up information that could harm your case. Keep in mind, too, that memories are imperfect. You may tell your story one way now only to remember a detail differently later. Even minor inconsistencies can make you look guilty. Don't be tempted to claim your innocence or make excuses; instead, remain silent until you talk to your lawyer.

COLLECT EVIDENCE

Next, try to find evidence that proves your innocence. Gather the proof and bring it to your lawyer, not the arresting officer or the case detective. Try to find any witnesses who can corroborate your story and ask them if they'd be willing to talk to the lawyer as well. Be mindful if you find any potentially incriminating evidence, too. Share it with your attorney so they can advise the best plan moving forward.

DON'T INTERACT WITH THE ACCUSER

When someone falsely accuses you of a crime, it can be tempting to confront the person about it, especially if it's someone you know. Even if you believe you can talk through your issues and reach a peaceful resolution, interacting with them can be risky. Any conversation can complicate the case and be used against you. For the time being, allow the lawyer and the authorities communicate on your behalf.

By following these steps, you will have the best chance of maintaining your innocence. Call The Lopes Law Firm at ( 404) 589-9000 to discuss your case. We are here to help you!

How DUI-Related Car Accidents Affect You

Tue, 01 May 2018 19:21:47 GMT

Most major cities have billboards warning against drunk driving. Every person has given them at least a quick glance. The message can be humorous or deadly serious. The impact of the message means the difference between calling for a ride or calling for an attorney. Billboards aren't just designed for advertising. Often paying attention to them saves lives, reputations, and wallets. If you're one of the metro-Atlanta and Marietta drivers who missed the message of caution displayed on one of country's many billboards, you may need a DUI defense attorney. Read further to learn how a DUI-related car accident might affect you.

PENALTIES FOR DRIVING UNDER THE INFLUENCE

Each state determines its own penalties for driving under the influence. According to the Governor's Office of Highway Safety in Georgia, first time offenders may “spend up to one year in jail, be required to pay a fine, and face suspension of their driver's license for up to one year.” A first DUI offense may also require you to perform up to 40 hours of community service and then pay a license reinstatement fee. These are penalties for first time offenders. If you are charged with subsequent DUI offenses, the penalties are more serious. If you're involved in a car accident, consequences are even more severe.

MISDEMEANOR DUI OF FELONY DUI?

Whether you face a less serious misdemeanor DUI or a felony DUI depends on several factors. Was property damaged as a result of the offense? Were you involved in an accident where bodily harm or death occurred? Was it a first offense? These are just a few questions to consider when looking at different DUI charges. Even the least serious requires the assistance of a DUI attorney in metro-Atlanta or Marietta because fighting the legal system alone is complicated. Your future ability to be issued a driver's license, drive a car, and, in some cases, get a job may be impacted.

A VIEW FROM THE OTHER SIDE

Consider this 2016 statistic provided by the National Highway Traffic Safety Administration: “Every day, almost 29 people in the United States die in alcohol-impaired vehicle crashes—that's one person every 50 minutes.” Car accidents caused by drunk driving result in over $37 billion in damages each year. DUI accidents impact both victims and drivers emotionally and financially. No one thinks that they'll just have a few drinks and then get in a car hoping to cause an accident. Certainly, no person intends to cause injury or death to another person because they made a bad decision to drive under the influence. A driver's remorse, however, comes too late for a victim who has lost property, health, or, even worse, a loved one.

DON'T FIGHT YOUR CASE ALONE

You might be tempted to fight your DUI case on your own. Maybe you caused an accident but there was no physical injury or serious property damage. Even so, it's critical to hire a DUI defense attorney to represent you. Don't try to navigate the system alone. Let an experienced attorney who cares about your best outcome help. Call The Lopes Law Firm at (404) 589-9000 or request a consultation.

Ways A Criminal Defense Attorney Can Help You

Thu, 26 Apr 2018 15:54:52 GMT

If you are going through a situation where you are potentially facing criminal penalties or prison time, make sure that you have a criminal defense attorney at your side. In addition to being a major advocate for you in this stressful time, a criminal defense attorney in metro-Atlanta and Marietta can also provide many other services and support. For example, here are the top five things that a criminal defense attorney can do for you:

1. WORK OUT A PLEA BARGAIN

One of the things a defense attorney can do for you is reduce your penalty, and in many cases, even eliminate the charges against you all together. This generally involves your attorney and the prosecutor negotiating a deal that is workable for both parties known as a plea bargain.

2. HELP YOU NAVIGATE EMOTIONAL STRESS

An experienced defense attorney can also help by assisting you with the inevitable emotional roller coaster of the prosecution and a criminal trial. You might be feeling embarrassed, depressed, or just all-around stressed out. The right criminal defense attorney can be compassionate and help by giving you a safe outlet where you can express these emotions and talk and work through them.

3. GIVE YOU A REALITY CHECK

One way that a lawyer can help you is by giving you a reality check when you need it. Your defense lawyer has likely seen it all and represented clients in situations very similar to yours. They can remain objective throughout the preceding and throughout your situation in a way that you will not be able to do. They can offer suggestions when to go to trial or if the trial is not going well. You can rely on them to give you honest answers, even when those answers are not pleasant.

4. KEEP YOU UP-TO-DATE

If you are considering representing yourself during a criminal proceeding, just don't! An experienced criminal defense lawyer stays up-to-date with the current legal rules and regulations, including sentencing patterns and so forth. You will likely not be able to find these things out on your own, so working with a knowledgeable lawyer you can trust usually will net you the best result.

5. GIVE YOURSELF THE BEST CHANCE

The State or Federal Governments have attorneys that represent them, and you should at least give yourself the same chance. Hiring an experienced lawyer will give you the best chance at reducing or eliminating the charges against you or reducing your sentence. Ultimately, the best thing that you can do for yourself when you're facing criminal charges is to work with an experienced criminal defense attorney in metro-Atlanta and Marietta who can serve as your advocate and who will have your best interests at heart.

Call The Lopes Law Firm at (404) 589-9000 . We are here to help you!

What's The Difference Between A Prosecutor and Defense Attorney

Fri, 16 Mar 2018 15:48:47 GMT

Prosecutors and criminal defense attorneys have many similarities. For example, they basically have the same education and work in the same court system. Of course, the most important difference is who they represent in the courtroom. While they occasionally have to work together to come to an agreement, prosecutors and defense attorneys usually face each other in the courtroom as opponents.

LEGAL EDUCATION

Prosecutors and defense attorneys both must have a law degree before they can become an attorney. Law school takes an additional three years after completing an undergraduate program. The law school coursework will cover various aspects of the law and not just criminal law. Finally, both prosecutors and defense attorneys must pass the bar exam to become licensed to practice law in their state.

CLIENTS

The prosecutor doesn't really have clients. They're employed by the government. It's their job to review arrest records and decide when to press charges and when to drop a case. If a case goes to trial, it will be the prosecutor's job to prove beyond a doubt that the defendant was guilty. They may also recommend a sentence, but the judge or jury will make the final decision on that.

Prosecutors can negotiate sentencing terms with defense attorneys. For example, a client may get a shorter jail sentence for pleading guilty without going to trial.

Defense attorneys always represent the accused. They may work for the government and provide legal counsel as a public defender. Since every accused has the right to legal counsel, public defenders are available for the people who can't afford to hire a lawyer. Defense attorneys are also employed in the private sector, where they're hired by the person who was accused of a crime.

JOB DUTIES

As a criminal defense lawyer in metro-Atlanta and Marietta , we represent you, the individual accused. It's Attorney Lopes' job to ensure that your rights are being upheld. A criminal defense lawyer needs to see the evidence and talk to the witnesses. We may talk to the police, the prosecutor, and anyone else who has an interest in the case. Even if you, as the client admit you are guilty, as your attorney what you say to us is privileged, and attorneys generally are not required to share that information and we can still defend you.

While the goal may be to help the client escape conviction, that's not always possible. However, a good criminal defense attorney can help reduce the sentencing and advocate on your behalf throughout the trial. For more information about how a criminal defense attorney can help, call The Lopes Law Firm at (404) 589- 9000.

How An Attorney Can Help With White Collar Crimes

Thu, 01 Mar 2018 16:42:37 GMT

White collar crimes can range from wire fraud to embezzlement to securities fraud or to the State of Georgia crimes of theft by receiving, conversion, or other charge of fraud or forgery. No matter the charges presented in a white-collar crimes case, the right criminal defense lawyer at The Lopes Law Firm is here to help support you in whatever area whether you are an individual or business client that is at risk in the metro-Atlanta area. Here's how the right attorney can help.

INSTANCE OF WHITE COLLAR CRIME ACCUSATION

Under difference circumstances, the need for an attorney would be irrelevant. If you or your business are seeking a criminal defense attorney for state or federal level offenses, then it means you've been suspected of falsifying information related to the movement and allocation of property, money, information, or information specifically relevant in enabling yourself or others to garner a profit more easily—such as insider trading, for instance. Fraud accusations have everything to do with inaccuracy or intentional misreporting in the financial state of an individual or business entity. In the event that you're facing charges, the right attorney can help.

EXPERTISE AND SPECIALIZATION

A seasoned criminal defense lawyer can assist you with a white collar crime if he or she has the education, experience and expertise in this particular branch of the law. From understanding statutes at the state and federal level, to how to frame evidence, the right attorney can offer the insight and knowledge to help you navigate America's complex financial institutions, with the law on your side.

DISCRETION

Alongside the assurance of expertise in navigating the law in forming an effective fraud defense, Attorney Lopes offer the discretion that you, your company, or your associates require to see their case through. From protecting your personal information, to presenting your case to the press if necessary in a way that protects you as the client, the right attorney will provide professionalism and discretion as your case progresses.

Discover how The Lopes Law Firm can assist you in metro-Atlanta and Marietta in your white collar criminal defense case, whether the claims are related to embezzlement, wire fraud, or any number of claims in-between. Assembling the right criminal defense team is essential to seeing you or your business and it's associates past the difficulties related to such accusations. Call us !

How Innocent Defendants Handle Criminal Charges

Thu, 15 Feb 2018 16:37:06 GMT

In every city and county in the State of Georgia and the United States innocent citizens have criminal charges filed against them, even when they are innocent. No matter why the charges were filed, you are probably wondering what you can do in this situation and how you can avoid going to trial or getting a conviction. Below are a few ways that you and your criminal attorney can get you out of this position.

FILING DECISION

Prosecutors make the decision to file formal charges based upon the information available to them. Though a police officer has arrest powers if they witness a crime, the police cannot formally charge any person with a crime. Prosecutors make such a decision based upon police investigation and reports involving the event in question. Preliminary police reports are undetailed and provide a limited amount of evidence, which are often incorrect, distort small details, and may be completely wrong. Victims and witnesses can lie and police officers have their own biases, all of which can contribute to a false police report. If the charges in the report are baseless, the defendant can still go to court and hope for an acquittal. This, however, is risky, stressful, and very pricey. For these reasons, a great defense lawyer can try to nip it in the bud before the case makes it that far.

DISMISSAL

A good criminal defense lawyer in Atlanta, Marietta or in Federal Court can become involved in the case early in the process. Your lawyer will ask you for your recollection of the event and any other relevant facts. From there, they will decide the best course of action. They may choose to investigate the incident and gather their own information. With the evidence collected, your attorney can try to get the case dismissed before it ever gets started by making contact with the prosecution. Even if formal charges are later brought against you a good criminal lawyer may be able to later get your case dismissed without trial.

WAIT

In some limited situations, the best thing you can do is simply wait. It can take time for the prosecution to discover that the case has insufficient evidence for a conviction. This can happen if a witness recants their story or if they are otherwise not credible. In the situation where charges are suddenly brought, the case may go away at a preliminary stage in the case before a neutral and detached magistrate judge where the evidence of probable cause is insufficient or after formal charges are filed if your criminal defense attorney wins a pretrial motion. There are a few different in-court scenarios that can cause your case to end quickly without a plea or a trial.

CONTACT AN ATTORNEY

If criminal charges are filed against you, you will undoubtedly need to find an excellent criminal defense attorney. Only a skilled and professional lawyer can perform the tasks mentioned in this article. Attorney Thurston Lopes is an experienced criminal defense attorney who can help you determine the best method to use to give you the best chance of having the case dropped before a trial. Contact The Lopes Law Firm at (404) 589-9000 today.

Getting Out of Jail After an Arrest

Wed, 10 Jan 2018 16:11:33 GMT

After you've been arrested the first thing on your mind will likely be getting out as quickly as possible. Nobody wants to sit in jail, letting anxiety and tension build. After you're released, you need to contact a criminal defense attorney in Atlanta or Marietta, GA. However, it may be difficult to focus on this when you are still in jail. Read on to learn the process of getting out of jail after an arrest.

HOW BAIL WORKS

Getting out typically involves posting bail or being released on your own recognizance. “Posting bail,” involves giving the court money or property as a promise to return to court. If you keep this promise, then the court will return your assets. If you fail to appear, the court will keep the bail and likely issue a warrant for your arrest.

BAIL AMOUNT

For common crimes, courts often have standard bail amounts. This makes getting out of jail easy if you have enough money to just pay that amount. If you don't have enough money, the judge may decide to lower the bail amount. According to the eighth amendment, no person can have excessive bail set against them. This prevents courts from using bail as a means of raising money or further punishing a suspect.

LOWERING HIGH BAIL

In practice, judges may set high bail amounts knowing that the defendant cannot pay the amount. This keeps them in jail. This tactic is often employed when the person has been arrested for murder, dealing drugs, or other serious crimes in which a suspect is more likely to flee. If you're dealing with this type of charge, contact a lawyer without delay.

Conversely, bail may be set at what a judge considers to be a reasonable amount, but the suspect still cannot pay. At a court appearance or bail trial, you can ask the judge to lower the amount, which the judge may or may not do. Again, if you are dealing with a charge that might incur excessive bail amounts, contact us.

POSTING BAIL

To post bail you can pay by cash or check, sign over rights to property, or give a bond. A bond is a promise to pay a certain amount if you fail to appear in court. Many people purchase bail bonds, which cost money that you will generally not get back. Bonds typically cost 10% of the bail so, for $3,000 bail, you will pay $300. Because you typically lose money on bonds, they are the least appealing option. The Lopes Law Firm can help you evaluate your options.

GETTING RELEASED

After posting bail, you will be released with the knowledge that you will have to return to court. It's also possible that you are released “On Your Own Recognizance,” or O.R. An O.R. release is a statement saying that you will be back in court at a certain time, and involves no money. You may have to request an O.R. release at your first appearance in front of the judge, and there are many factors he or she may take into account when determining whether or not to release you O.R. Contact The Lopes Law Firm in the Atlanta and Marietta, GA, to learn more about the process of being released from jail.

How Hiring a Skilled Criminal Lawyer Can Work For You

Fri, 22 Dec 2017 16:05:58 GMT

If you have been charged with a crime, you'll want to find a skilled criminal lawyer to help you. Whether you're innocent or not, you have to defend yourself in court. Only an attorney who has done this many times can achieve the best possible outcome for your case.

UNDERSTAND THE CHARGES

It may sound obvious, but first you have to understand what crime you're being accused of. It's best not to add to the confusion and make a statement until you have spoken with your lawyer. Fortunately, you also have the right to remain silent. When you're being arrested for a crime, law enforcement must inform you of your rights and let you know what the official charges are within a reasonable amount of time.

However, even if you get a copy of the charges being filed against you, you may still not fully understand what they're accusing you of. It often takes a lawyer to understand which law you are accused of having broken. A good attorney is there to help you with the next step: planning your defense.

CREATE A DEFENSE STRATEGY

Your lawyer is your greatest ally when it comes to building a defense. They will do the legwork and talk to witnesses and crime scene experts, and gather all the necessary information. You get a chance to tell them your side of the story and, together, we can build a defense. It's important to listen to your attorney. For example, if your attorney does not find it advisable for you to testify, then you should listen to their input.

An experienced attorney also understands where to find the loopholes in your case. For example, they understand whether a search of your property was legal and should be admitted into evidence. They understand the significance of the evidence and witness reports and will decide how to establish reasonable doubt in your case. They will also find investigators and witnesses who may poke a hole in the prosecutor's case and make their testimony less believable.

NEGOTIATE PLEA BARGAINS

In some cases, the attorney in charge of prosecuting your case will accept a plea bargain in exchange for a reduced sentence. If there is little chance that you won't be found guilty at trial, it may be in your best interest to accept one. However, some prosecutors won't enter into plea bargain agreement with defendants who are representing themselves. That's probably because they sense that they have a very good chance of getting the maximum sentence if it comes to a trial. Therefore, you want a skilled attorney by your side who can help you achieve the best possible terms of a plea bargain.

EXPLAIN WHAT HAPPENS NEXT

You need to know what will happen next. If your case goes to trial, what are the possible best-case and worst-case scenarios? Your lawyer should help you understand the sentencing program in your situation to help you understand how long you might be in jail.

If you are charged with a crime in in Atlanta or Marietta get started by calling The Lopes Law Firm at (404) 589-9000 to request a free consultation . We're here to help yo u.

How Do You Find a Good Criminal Defense Attorney?

Sun, 15 Oct 2017 15:01:48 GMT

If you've been charged with a crime, a good criminal defense attorney can often mean the difference between success and failure, or between a fine and jail time. While a lawyer can never guarantee that you'll win a case, a good criminal defense lawyer has the experience needed to guide you through the process, and can often get a better outcome than you could achieve on your own.

THE RIGHT EXPERTISE

The lawyer you'll need depends on what you're being charged with. Criminal defense in Atlanta and Marietta, GA , is divided into various branches. For example, you'll find lawyers who specialize in local, state or federal cases respectively. It also makes a difference whether you've been charged with a misdemeanor or a felony, since they have very different consequences. Finally, you'll have to find an attorney who specializes in the type of case you have, since they'll be most familiar with how to proceed and what you can expect over the course of the trial.

GOOD COMMUNICATION

Once you find a potential attorney to take your case, schedule a consultation. Not only does this give the lawyer time to get to know more about your case details, it also gives you a chance to decide how comfortable you feel working together. Choose a lawyer who sets you at ease and puts you and your concerns first.

Get started by calling The Lopes Law Firm at (404) 589-9000 to request a consultation .

Drunk Driving: When Do You Need a Lawyer?

Sat, 23 Sep 2017 14:56:46 GMT

Facing DUI charges can be frightening for anyone, especially if you've never had any previous experience with the criminal justice system. But, you'll always be better prepared and more confident with legal representation on your side. Perhaps, you didn't immediately hire an attorney to ensure that you have legal assistance. If so, you may have already acquired a copy of the police report, handled your own arraignment, and researched and familiarized yourself with field sobriety tests. Of course, you should also have reviewed your preliminary alcohol screening (PAS), and the required breath or blood test for alcohol content. As you can see from even this small bit of information, this process can get complicated fast, and not everyone has the expertise to make sense out of all the information available.

HAVE SOMEONE WITH EXPERIENCE

Even if you've tackled the first steps, you should consult a DUI attorney to assess these initial documents and all the preliminary results and data. There could easily be something that you've missed. Additionally, it's easy to say or do something that can put yourself in a tougher legal situation.

If you have a history of previous charges, another drunk driving case can be more challenging, but even first-time offenses can also be tricky.

Although many people may recommend that you always contact a lawyer immediately, you may not know a DUI attorney to call. Since not all lawyers specialize in the same sort of cases, blindly contacting an attorney could result in having someone inexperienced on your case. It's a good idea to do a little of research into your lawyer. Do they have extensive experience in DUI cases? Could this matter cause you to lose your license for an entire year or more due to a driver's license suspension? How successful have their past cases been?

REDUCE YOUR SENTENCE

While you don't need a lawyer to plead guilty, you could certainly benefit from an experienced lawyer's ability to negotiate and get you the best plea bargain. You may receive a reduced sentence, such as reckless driving. You may also keep your ability to drive. You may not think that a plea deal is ideal, but given the evidence and any previous criminal history, it may be the best possible avenue other than deciding to fight the charges in court. So, when do you need a lawyer? Ideally, you should consider legal representation as quickly as possible, especially when you're charged with DUI. For an experienced and successful drunk driving attorney in Atlanta and Marietta , you can always call The Lopes Law Firm at (404) 589-9000 and request a consultation . We're here to help you.

How Hiring a Criminal Lawyer Keeps You Out of Prison

Thu, 24 Aug 2017 14:52:24 GMT

It's estimated that over 2 million adults are incarcerated in the United States at any given time. This includes both state and federal prisons and jails. Though African-Americans make up less than 15 percent of the entire United States' population, unfortunately, a disproportionate share of blacks are in our prisons and jail. If you've been charged with a crime, hiring a good criminal attorney in the Metro Atlanta area and especially in Marietta and outside of Atlanta, where a higher prejudicial impact is noticed toward minority defendants, gives you the best chance of avoiding becoming one of the many imprisoned. With the right lawyer's experience, you'll avoid serious jail time and be able to continue on with your life.

EXPERIENCE WITH CRIMINAL CHARGES

Following a criminal charge, you have the right to represent yourself in a court of law. This is not advised no matter how minor the charge. Without years of experience and education, you're at a disadvantage. Hiring an attorney who has dedicated his career to representing those who have faced similar charges as you is a luxury you can't afford to skip. Attorney Thurston Lopes is a licensed professional that understands the ins and outs of the laws as they pertain to your case. With help, you'll have a strategy ready and in place when and if the day of your trial comes.

PRE-TRIAL NEGOTIATIONS

You'll need the help of your attorney well before the date of trial. Following your arrest, you'll face arraignment. During this court date, you'll be given the chance to enter into a plea. The choice you make to plead guilty, not guilty, or no contest will greatly affect the procedure of your trial. Don't ever decide how to plead without first consulting a licensed attorney. With their help, you'll make an educated decision that will keep you out of jail.

On top of advising you on a plea, your attorney can also negotiate the terms of your bail. Depending on the severity of the crime you're being charged with, the prosecuting office may request that you be held without the option of bail. Without an attorney fighting for you, you have little chance of being able to fight this request. A criminal attorney can defend you and your rights and ensure that you are treated fairly during arraignment. They may even be able to negotiate your release based on a promise to appear.

HELP WITH APPEALS

While the job of your attorney is to keep you out of jail, the decision is ultimately left to a jury of your peers and/or a judge. Should the verdict not come down in your favor, you have the option to file for an appeal. With the help of a licensed attorney, filing appeals is easier than ever. They'll handle the paperwork, prepare the case, and be prepared to present it in front of the court.

Don't leave your future to fate. If you've been charged with a crime, it's best to equip yourself with the greatest defense possible. Hiring the best criminal defense attorney in the Atlanta metro area and Marietta gives you an increased chance of avoiding jail time and the serious repercussions associated with your charges.

Call The Lopes Law Firm at (404) 589-9000 or request a consultation today ! We're here to help you.

Distinguishing Characteristics of the Best Criminal Law Firm

Sun, 20 Aug 2017 14:46:53 GMT

Facing criminal charges is not a time for joking. If you have been arrested or are potentially facing a criminal charge, the first thing you need to do is find the best criminal defense attorney that works in the metro Atlanta and Marietta areas you can to take on your case. Here are some of the most essential qualities of criminal defense lawyers you should look for:

UNDERSTANDING

A good lawyer knows that few things are ever black and white. Sometimes bad things happen to good people despite their best efforts. A strong attorney is not there to judge you but to help you through this difficult situation you're in.

EXPERIENCED

One of the first questions you're going to ask when you're interviewing prospective law firms is how much experience they have. Look for years of experience, but also pay attention to what field of law they've had the most experience in. You need to hire a lawyer who has experience representing clients in situations like yours.

COMMITTED

There are some lawyers out there who take on too many cases and therefore are unable to give all their clients sufficient time and attention. Make sure the lawyer you work with is committed to your case and can give enough attention to it, so as to ensure they do the best job.

HIGHLY TRAINED

Your lawyer needs to be highly trained and qualified. Highly trained lawyers do more than just the bare minimum. They should be going to continuing education courses to make sure their knowledge is current and that they're up to date with all the applicable regulations and changes in law.

AGGRESSIVE

Also, look for a lawyer who is aggressive. In some areas of law, this is not as important as it is for a criminal defense attorney. If you are charged with a crime, you might be going up against some of the most experienced prosecutors in the country and need to give yourself as much of an advantage.

GOOD REPUTATION

When looking for a lawyer, contrary to the millennial trend and belief, review posts are not the best way find out a lawyer's reputation. You have to make the call to that lawyer, and see for yourself. If he or she takes the time to discuss your case that is a clear sign that the lawyer has a good reputation for helping clients by being communicative, proactive, and understanding throughout their cases.

NEGOTIATION SKILLS

In criminal cases, negotiation skills are an absolute must. Not all cases are the same, and nobody's circumstances are exactly the same. Your lawyer needs to be taking note of all the nuances of your case and using it to build a strong negotiation strategy to take to the table.

When you're facing criminal charges, the best thing that you can do for yourself is to seek out the best legal counsel. Making sure you hire someone with these traits might take some time, but will be well worth it as they help you navigate your case. Give us a call at The Lopes Law Firm , and see if we can live up to the list of most essential qualities you should look for of a great criminal defense lawyer. Call us!

Why You Shouldn't Negotiate with a DUI Attorney

Fri, 28 Jul 2017 14:39:38 GMT

DUI charges can be technical, and mistakes in defense can be costly. Facing a DUI charge, you should aim to mount a professional defense because the fines and ramified costs to you because of these charges can be severe. However, in our experience potential clients are concerned about the cost of a defense. Local attorneys tend to charge flat fees for various types of DUI defenses. If the flat fee seems high, potential clients may be tempted to negotiate the fee with the attorney, or they may distrust the attorney's motives in representation. Here are reasons why DUI attorneys structure their fees as they do, and why this structure has the client's best interests in mind.

DUI CASES ARE EXPENSIVE

Because the costs of a DUI conviction and defending DUI offenses are widely known locally, DUI attorneys tend to price their services as a percentage of those estimated costs. Therefore, even the best DUI attorney in Marietta and Atlanta will charge a flat fee that works out as a percentage of the average cost of DUI defense: Anything less than the local average is value-added for the client.

LEGAL FEES ARE COMPREHENSIVE

DUI cases can be exceptionally complex. So while it can seem sensible to pay a la carte for the services you anticipate using, only professionals tend to have the expertise necessary to anticipate those services in advance. Facets of you case may arise during investigation and negotiation, but you must remain aware that negotiating in advance for fewer services can weaken the efficiency of your defense. In contrast, the flat fee entitles you to many aspects of a professional defense that you may not have considered: court representation, negotiation with prosecutors, professional evidence gathering, and presentation. But suppose you negotiate for a lower fee with fewer potential services. While your initial cost may be lower, but adding them to the attorney's caseload at a later time will significantly increase your costs.

DUI attorneys spend a great deal of time and effort to hone the skills necessary to mount successful defenses for their clients. The intricate nuances of DUI litigation make a flat fee structure smart for all parties, saving overhead for the attorneys and time and money for their clients.

Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We are happy to help!

When A DUI Attorney Can Help You

Mon, 17 Jul 2017 14:30:44 GMT

If you face a DUI charge in Georgia, many factors can influence the extent of your legal penalties and your total financial burden. Whether an Atlanta police officer made a mistake in your arrest, or you intend to plead guilty in an Atlanta or Cobb County court, an attorney like The Lopes Law Firm, a DUI defense attorney in Atlanta and Marietta , can help mitigate your loses.

MISTAKEN CHARGES

Even the most dedicated police officers make mistakes, but spotting these errors and presenting the evidence on your behalf in court requires a trained legal professional. Paying the flat rate of a criminal lawyer who specializes in DUI charges will ensure that these potential mistakes are not overlooked when your case comes to trial.

FIRST-HAND EXPERIENCE

Even when there is merit to charges filed against you, a DUI attorney can do a lot to help mitigate your eventual liabilities. Because defense attorneys have professional relationships and experience with local law enforcement, from police to judges and states' attorneys, they know exactly how far down charges like yours can be pleaded. A criminal defense attorney such as Thurston Lopes knows exactly how Atlanta and Marietta courts tend to look on, for example, first-time clients barely over the legal limit versus a client with multiple convictions. Self-representation simply cannot replicate the value of this experience.

PROFESSIONAL NEGOTIATION

Attorneys who specialize in DUI charges tend to be highly experienced in that area and have a significant degree of negotiating training and savvy. This ranges from knowledge of local social factors to textbook legal negotiation tactics—which differ significantly from business negotiation tactics—allowing an attorney to know exactly where to find leverage in your case and how to use this to your advantage in court.

The flat rate that DUI attorneys charge ensures your access to these benefits, and especially, to the best defense possible. Given the significant costs associated with a DUI charge, that flat rate almost always significantly limits a client's liability, in ways that self-representation simply cannot match.

Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We are happy to help!

Fighting a DUI or Drug-Related Offense

Mon, 10 Jul 2017 14:26:00 GMT

If you've been charged with a DUI or drug-related offense, it's time to look for a legal advisor who can fully help you understand your situation. Such charges bear many consequences which could affect your personal, family, and work lives, as well as negatively affect your independence. The state of Georgia pursues alcohol and drug-related charges and their punishments seriously. Rather than manage the legal details on your own, allow the experts to assess your situation and investigate it on your behalf.

The Lopes Law Firm is headed by the one of the best criminal lawyers in Atlanta and near Marietta, GA . Our team will perform a close inspection of your stop, search, and arrest in order to guarantee that we can research your situation with the best options available, so that you can have a positive outcome for your case. We promise to fight for you through diligent negotiation and litigation using our skills and knowledge of the legal system. If we cannot negotiate your case out of court to your benefit with a reduced sentenced, we will work to gain you a fair trial.

The Lopes Law Firm has successful experience defending a wide range of alcohol and drug-related charges:

Driving under the influence (DUI)
Manufacturing of drugs
Intent to distribute
Intent to sell
Drug trafficking
Possession of paraphernalia
Possession of controlled substance
Prescription fraud
Cultivation of marijuana

The services of our law firm extend throughout the state of Georgia, including the Metro Atlanta area, Cobb county, and Marietta. The legal system acts in an immediate manner. If you're overwhelmed because of a DUI or drug-related arrest, don't handle it alone. Call The Lopes Law Firm at (404) 589-9000 or request a consultation.

Know Your Rights When Dealing with the Police

Sat, 01 Jul 2017 14:22:35 GMT

Many people are confused about what the police can and cannot do when they stop you or come to your home. That's why it's so important to work with the best criminal defense attorney in the Atlanta and Marietta areas . Police are human and make mistakes, so it's important that you know your rights and have a lawyer who can stick up for you if they're violated.

THE RIGHT TO REMAIN SILENT

When dealing with the police, you have the right to stay silent if you think that what you say could incriminate you in a crime. In many cases, you must give your name, but you can usually stay silent other than that once you've notified the officer you're exercising your right to stay silent.

THE RIGHT TO LEAVE

Unless you're suspected of a crime or being arrested, you have a right to simply leave. Ask the police officer if you're free to go. If he refuses and tells you you're under arrest, you have a right to know why. Even if you feel it's an unwarranted arrest, don't resist. You can always argue it later with the help of a trained lawyer.

THE RIGHT TO REFUSE A SEARCH

In some circumstances police are allowed to pat you down if they are investing a crime or suspect you're carrying a weapon. In other circumstances they're also allowed to search your car if they have reason to believe a crime was committed (for example, if they see or smell drugs following a lawful traffic stop). When there is no reason to suspect a crime, however, you have the right to refuse a search of yourself, or your belongings. But remember, the police have no right to gain entry into and search your home without a valid warrant unless they are in pursuit at the time they make such an attempt.

THE RIGHT TO AN ATTORNEY

Most importantly, you have the right to an attorney to help you make sure the police respect your rights. If you don't have enough money to pay for one, you'll be provided one for free. You should be able to make a private call to an expert in criminal law in Atlanta and Marietta without anyone listening. Don't say or sign anything until your lawyer arrives.

If you have any other questions about your rights, call The Lopes Law Firm at (404) 589-9000 to request a consultation .

When You Should Hire a DUI Defense Attorney

Wed, 03 May 2017 14:15:46 GMT

If you find yourself in a sticky situation with the law, it's easy to get confused. Not everyone is an expert with the law. There are many rules, regulations, and stipulations of the law that the average Joe doesn't know. Hiring a DUI defense attorney in the Atlanta or Marietta area offers a wide variety of benefits that could really help you with your case. The most difficult part about hiring a DUI attorney is knowing when is the right time.

IF YOU'RE UNSURE

If you don't know what you're doing at all regarding your DUI case, hiring an attorney might be your best idea. Some cases might leave you leaning toward pleading guilty, but you can still be unsure if you're making the right decision. Consulting with a professional DUI attorney at The Lopes Law Firm can help assure you if the decision you're making is the correct one. Having someone on your side who knows what they're talking about will really help your chances.

An experienced attorney can help reduce your charges from a DUI to reckless driving. A DUI will stay on your record forever, while something such as reckless driving will go away. While getting charged with reckless driving might still be an expensive ticket fee, you'll be relieved that you don't have a breathalyzer in your car, or a DUI hanging over your head, lingering on your permanent record.

IF IT'S NOT YOUR FIRST

If you've been charged with a DUI before and this is your second or third time around, you'll most likely need the help of an attorney. When you've been charged with something before, the prosecuting attorney and the judge are more likely to give you a more severe punishment and fine. Having the help of a knowledgeable DUI attorney can help you receive lower charges and reduced sentencing. Georgia's DUI laws require an enhanced punishment after your second or third DUI. Even if you are guilty having an experienced DUI defense attorney can help you bargain with the judge on certain punishments being less severe.

Talk to an experienced DUI defense attorney In the Atlanta or and Marietta areas about your case and what you can do to get the best possible chance of receiving a favorable outcome. Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We're here to help you.

Important Things Your Criminal Attorney Should Know About You

Thu, 20 Apr 2017 14:11:24 GMT

Once you've hired a criminal attorney, there are things your attorney should know about you. Communication between you and your attorney is crucial, and good criminal attorneys in Atlanta and Marietta need to know every detail about your case to properly represent you. Here are some important things that your attorney will need to know about you to properly represent you and help you through this tough time.

EACH CASE IS DIFFERENT

Many people assume that their charges are so routine that there is little point telling their lawyer about the details of their case. It's important to remember that good criminal defense attorneys understand that every case is different, and the small details that differentiate your case from others can make all the difference between jail time and having the charges dismissed. Make sure you tell your criminal attorney about all the facts of your case. Don't be afraid to share details that you think are insignificant; trust your attorney to differentiate between irrelevant details and the items that can be used to help you in your case.

YOUR BACKGROUND

Some of the most important details you should share with your attorney are about your background. Your attorney needs to know whether you have a criminal record. Although most people only get in trouble with the law once or twice in their lives, these charges can make a difference as to whether the state will try to enhance your current charges or seek a harsher punishment if you're sentenced by the court. Your attorney also needs to know whether you have any professional or special licensing for your employment or education, as these can be limited or revoked if you're found guilty of an offense. Finally, your attorney needs to know your immigration status. If you're not a full United States citizen, you may find yourself in a situation where you must win your case, and your attorney will need to know this.

WHAT REALLY HAPPENED

The attorney you hire should be someone you can be open with. They will need to know the honest details about what happened that resulted in a criminal charge. You shouldn't hold back any details about your case. If the government can prove that you committed the crime that you're charged with, your attorney needs to be aware, so we can help mitigate or reduce your sentence. If you're innocent, your attorney needs to know every detail as well to ensure you receive a fair trial and that the charges are dropped.

Talk to an experienced criminal defense attorney In the Atlanta or and Marietta areas about your case and what you can do to get the best possible chance of receiving a favorable outcome. Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We're here to help you.

What to Look for When Choosing a Criminal Lawyer

Tue, 11 Apr 2017 14:05:39 GMT

We all hope that we'll be fortunate enough to never need a criminal lawyer in our lives, but sometimes, a case comes against you and you need to have a strong lawyer on your side to both win the case and keep your freedom. However, finding a good criminal defense lawyer isn't something most of us have experience with, and different parts of the law can be tricky in criminal court. When you're facing those kind of penalties, though, you don't want to leave anything to chance. Here's what you need to look for.

IS THE LAWYER A SPECIALIST?

This is perhaps the second-most important thing to consider when choosing your lawyer: Is this criminal lawyer in the Atlanta and Marietta area qualified to handle my criminal case? The law has so many specific parts and moving pieces that almost nobody can keep track of every single one of them, unless it's something that they do for a living. A lawyer who specializes in civil cases and bankruptcies might be excellent at those areas of the law, but he or she won't have the knowledge needed to beat an experienced prosecutor who knows the laws that apply and how to craft an argument around them.

A criminal case is not the time to worry about whether you have the stronger advocate speaking to the judge. If the facts are in question, the stronger argument is going to win, and you need to make sure that's coming from your side.

CAN YOU TRUST THE LAWYER AND FIRM?

The only reason a specialist isn't more important is the need for trust. If you can't trust your lawyer in private, why would you trust him or her with the most important case of your life? You'd be foolish to risk your freedom to someone you can't trust. Make sure that the attorney you choose has a good reputation and that you have a good vibe from the lawyer you'll work with on the case. If either of those aren't there, you need to look elsewhere.

Like any good relationship, a partnership of lawyer and client needs to be built on trust, and if you don't have it with your criminal lawyer in Marietta or Atlanta , your case isn't going to reach the end that you want. Finding the right lawyer is critical to winning whatever case you have, and in a criminal case, that's even more important. By taking the time to find a lawyer you know you can trust, you'll have a better chance at victory, so call us at The Lopes Law Firm .

How A Criminal Justice Lawyer Can Help You

Thu, 16 Mar 2017 20:22:03 GMT

If you, or a loved one, are facing a criminal offense for the first time, you might be wondering whether it's worth having a criminal justice lawyer on your side when you face the judge. If you're facing a smaller criminal offense, such as a DUI, you might think that it's not worth the expense of hiring a lawyer and you're better off taking your chances in court with either your own knowledge or a public defender.

However, that's a risky maneuver even if you have a strong background in the law. There's a common saying in law that a lawyer who defends himself has a fool for a client, and it remains true today. Here are some ways that the right criminal defense lawyer in Atlanta and the Marietta area can help you.

ESTABLISHING YOUR INNOCENCE

Have you ever heard of Clarence Gideon? He was once falsely accused of a robbery at a pool hall in Florida and was too poor to afford a criminal lawyer of his own. As a result, when the state presented a shoddy case against him that included a witness who had claimed to have seen him leaving the pool hall with money, Gideon had to try to discredit the witness without any knowledge of the law or how to argue in court. He failed and was sentenced to five years in prison for a crime he didn't commit.

He then petitioned the Supreme Court to overturn his conviction on the grounds that he was entitled to be represented by a lawyer, and at a second trial, his lawyer destroyed the state's case and got the jury to proclaim him a free man. Without a lawyer, that never would have happened because the general public doesn't know laws nearly as well as they think they do. A good lawyer can establish a story well and prove its truth.

GETTING A PLEA

Sometimes, the facts aren't on your side, but that doesn't mean that your lawyer can't still fight for you. When your case isn't going to work in court, a good lawyer can craft a plea bargain with the state that will be acceptable to the district attorney, allowing you a lesser charge in exchange for admittance of guilt. A plea bargain won't be possible without an attorney, and if the facts aren't on your side, you could be staring at a long prison term.

The hope is that you won't need a lawyer, but if you're facing criminal charges, contacting The Lopes Law Firm can be the difference between a favorable conclusion and a stiff sentence. Make sure you have an expert in your corner. Call Attorney Lopes at (404) 589-9000 . We're here to help you.

3 Questions You Should Ask Your Criminal Defense Attorney

Mon, 13 Mar 2017 20:16:39 GMT

Most people have a limited understanding of the intricacies of the judicial system until they get tangled up with the law. Knowing these three (3) important questions and how they can help you will give you a better chance of resolving your situation to your satisfaction. These pieces of advice will help you and your criminal defense lawyer mount a good defense.

DISCOVERY AND EVIDENCE

The discovery period of an investigation is when the prosecutor collects evidence against the person accused of a crime. This means gathering video footage, photographs, and eyewitness testimonies. The prosecutor is required to divulge the evidence against the defendant and his or her criminal lawyer in Georgia. When you begin talking over the situation with your lawyer, you'll want to understand and see all of the evidence against you. Make sure you also provide your attorney with information and evidence that could help your case.

STRATEGIES AND PLEA BARGAINS

Would it be better for you to take a plea bargain or go to court? Your lawyer should have a detailed answer as to why or why not you should take a deal. Pleading guilty to something you did not do is almost never advisable. However, if there are some components of truth to the case against you, taking a plea bargain can help you avoid jail time or higher fines, in some cases.

WHAT CAN YOU DO?

Are there programs like anger management classes or drug rehabilitation programs that you can participate in? Sometimes, a judge or prosecutor will be more lenient on a defendant if there's evidence to suggest they are already mending their ways. Sometimes these programs cost money, but often they are nonprofit and you can be referred to them at no extra cost to you.

Make sure to talk to an experienced criminal defense attorney In the Atlanta or and Marietta areas about what you can do to give yourself the best possible chance of receiving a favorable outcome. Contact The Lopes Law Firm at (404) 589-9000 or request a consultation . We're here to help you.

Legal Tips from a Criminal Defense Attorney

Mon, 16 Jan 2017 20:46:41 GMT

If you or someone you know gets arrested, it is time to contact a criminal defense attorney . A criminal attorney can help you understand your rights and help you explore your options going forward. Getting arrested can be intimidating, scary, and overwhelming. The Lopes Law Firm, with offices in Atlanta and Marietta, GA can help protect your rights, defend you in court, and maintain your innocence.

IF BEING INVESTIGATED

If you are accused of a crime, police officers may try and make a case against you whether tell you are guilty or innocent. A defense attorney can begin working immediately to help you stay out of jail. Once a police department begins to investigate you, it is important to discuss your rights with an attorney. A good lawyer can begin discussing your case immediately and can help keep the investigation from going any further if they don't have a case. If you get arrested, your attorney can go to court and ask the judge to release you pending trial, and then begin the work of proving your innocence.

AT COURT

If you are arrested, you will typically have a hearing within 48 to 72 hours. Your first hearing is where a magistrate judge initially determines if there is any evidence to justify holding you in jail before trial. The judge will tell you of your right to remain silent and to an attorney. Moreover, you generally be given a bond that is designed to assure your presence at trial. Attorney Lopes can advise you and help protect you through the first stressful hearings and prepare for your second hearing, where the prosecutor has to prove to the judge that there is enough evidence to present a case against you for each of the charges you are accused of.

You will then be required to attend a series of pre-trial hearings. At these hearings you can begin planning towards a trial. If the case against you is strong, your attorney can help work out a deal with the prosecutor to minimize jail time or other consequences. If you take your case to trial, your attorney will present your defense. If you plead guilty or are found guilty at trial, an attorney can still assist you. You will have to attend a sentencing hearing, where the attorney can present mitigating factors in your defense.

The Lopes Law Firm, with offices in Atlanta and Marietta, GA can help protect your rights, defend you in court, and maintain your innocence. Contact The Lopes Law Firm at (404) 589-9000 or request a consultation , as we are available to help you day or night. We're here to help you.

How to Avoid a Drunk Driving Conviction

Fri, 13 Jan 2017 20:39:57 GMT

If you have had the misfortune of being arrested for drinking and driving, you know how serious the consequences can be. If this ever happens to you, the first thing you need to do is call a DUI lawyer . Attorney Lopes and The Lopes Law Firm are experienced counsel and have some tips for you to help avoid a drunk driving conviction.

DESIGNATED DRIVER

The first thing that drunk driving attorneys in Marietta recommend is probably the most obvious: always use a designated driver. Having a designated driver when you go out with friends is one of the best ways to make sure that everyone gets home safe. If one sober person drives their drunk friends home, you cannot be arrested for drunk driving. An officer could still cite you or your friends for other violations, including having an open alcoholic beverage in your vehicle, so it is still important to be careful.

DRIVER'S LICENSE HEARING

If you are cited for drunk driving and either refuse the State administered chemical test (breathalyzer) or your blood alcohol concentration (BAC) is found to be above the legal limit, you may be able to attend a hearing within 30 days at the Department of Driver Services. However, you must act within 10 days to contact and hire an experienced DUI lawyer at The Lopes Law Firm to protect your right to drive, or it may be lost for an entire year. Attorney Lopes can help you request this hearing, and keep your driver's license while you wait for the rest of the court proceedings.

Although you can represent yourself at this hearing, The Lopes Law Firm always recommends bringing a lawyer with you. If the officer who arrested you does not show up, it is possible that you may keep your license. Additionally, this hearing gives your attorney a chance to ask the officer questions about your case, and learning more about what the officer who arrested you would say if your case goes to trial. Hiring an attorney at this early stage is one of the smartest things you can do to protect your rights. Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We're here to help you.

Thing To Know about Your First DUI Offense

Fri, 11 Nov 2016 20:26:22 GMT

Your first DUI offense is not something to be taken lightly. We know that facing your first offense can be frightening. Yes, we know that your first DUI offense can be intimidating, especially if you've never faced charges before. However, with an experienced attorney, you'll have the legal defense you need and help in navigating the legal system. It probably won't be a pleasant process, and we know that a suspended license and fines aren't something that you'll typically be looking forward to. Of course, education programs and community service mandates are far more agreeable and more easily managed than the more severe penalties. With an experienced DUI defense lawyer in metro-Atlanta and Marietta , you can hope for the best possible outcome.

At The Lopes Law Firm, we firmly believe that forewarned is forearmed. If you are facing your first DUI offense, you should do so with full knowledge of what you're facing, and ideally you should also have legal counsel. For a first offense, it is likely but never guaranteed that your lawyer could get the offense reduced to reckless driving. It's important to note that, while this is not uncommon for a first DUI offense, a reduction to reckless driving does not automatically mean that penalties will also be reduced.

No lawyer can guarantee the outcome of a case, but at The Lopes Law Firm, we do take pride in passionately defending our clients and doing everything that can be done to get them the best outcome for their case. Although a one-year license suspension is common for a DUI offense, it is possible to get your license reinstated after four months. This is far more likely in the case of a first offense. Every criminal law firm in metro-Atlanta and Marietta should work to get the best deal for their clients, and at The Lopes Law Firm we're happy to work aggressively and tirelessly to get you the best legal outcome. Contact us for a consultation or call us at (404) 589-9000 , we are always here for you!

Criminal Charges that Require A Lawyer's Help

Wed, 09 Nov 2016 20:20:29 GMT

At The Lopes Law Firm, we hope that you never have need of a criminal defense attorney. Although not all criminal offenses are equal in penalty or severity, criminal charges should always be considered and treated seriously. Once charges have been filed against you, time is of the essence. There is no sense in wasting time, and every moment is valuable in building your defense. Although The Lopes Law Firm does not and cannot guarantee the outcome of any case, criminal charges are always best handled with legal representation. We want you to have the best possible defense available, and building a defense strategy is crucial, both for the outcome of your case, and in order to protect your rights.

Violent crimes are of special concern, since they often have enduring repercussions. A violent felony can cost you your right to vote, your right to own a firearm, and can seriously hamper your future employment opportunities. Finding the right criminal attorney in the case of violent offenses is especially important. Your future opportunities can be very negatively impacted by having a violent crime on your record, not to mention that sentences can be extremely severe for violent offenses. We want to make sure that your rights are protected, and you should as well.

Although all criminal attorneys in metro-Atlanta and Marietta should always want what's best for their clients, at The Lopes Law Firm we take pride in standing by our clients and putting every effort into every case. We take pride in aggressive negotiation and effective litigation. We take pride in diligently and thoroughly investigating every aspect of your case, and we won't rest until we know that you have the best defense available to you. We always make sure that our clients are informed and aware of every legal opportunity available to them and that they are appropriately prepared for their day in court. Although sometimes a plea deal can be the best option for a criminal offense, it's not always the case. Whether you're facing State or Federal charges, you should always have a dedicated, hard-working attorney on your side. Get the best defense possible. Call The Lopes Law Firm at (404) 589-9000 or request a consultation . We're here to help you. You should never face a criminal legal battle alone.

Tips on Fighting Criminal Charges

Mon, 24 Oct 2016 19:16:11 GMT

If you've been arrested on criminal charges, the natural reaction of many people is to lose their cool and start to panic over the future. Such a reaction is understandable, but it can also make it harder for you to form a successful defense if you say or do something that gives the prosecutor something to use against you in the future. If you find yourself arrested, don't become a victim of self-sabotage! The Lopes Law Firm is here to help you.

Here are a few basic tips you can use to help yourself and help us fight on your behalf!

DON'T SAY MORE THAN ABSOLUTELY NECESSARY

If you've been read your Miranda rights at any point (i.e., "you have the right to remain silent"), that's a major sign that you should stop talking immediately. Once you've moved from witness to officially becoming a suspect in the officer's mind, nothing you say or do in his or her presence is going to be of any use to you. But even if you haven't been officially arrested and read your rights, that doesn't mean that you should say much to the officer. You certainly don't want to be rude or give the officer a reason to dislike you, but you also don't want to keep talking when you don't have to say anything.

Remember, the more you say, the more likely you are to say something wrong. Even the best criminal defense attorney in Marietta and the metro-Atlanta area can have a case undone by a comment the defendant made to the officer that was thought to be innocent but turns out to be critical. It's best to only speak to your attorney at the Lopes Law Firm.

KEEP YOUR ATTORNEY INFORMED

We're proud to fight on your behalf, but we need all the information you've got to craft the best defense we can for you. If you noticed anything unusual, let us know! You might think it's meaningless, but there might be a case where a small mistake leads to a dismissed case. If the officer didn't follow protocol, you might be off the hook. But you'll only know if you let us know.

At the Lopes Law Firm, we want you to know that when you hire a criminal defense attorney , you're engaging in a partnership. We want to get the best outcome we can for you, and that happens only if we're working together. Keeping these tips in mind will help us give you the best defense we can!

Need to understand your rights, request a consultation today or call The Lopes Law Firm at (404) 589-9000 .

Three Tips for Choosing a Great DUI Attorney

Fri, 21 Oct 2016 19:07:18 GMT

Prior to 2008, Georgia was one of only five states with no DUI felony law. But today, Georgia is among the strictest states with regard to its laws and punishment for driving under the influence of drugs or alcohol. Last year, there were more than 25,000 DUI arrests in Georgia.

For over 20 years, the Lopes Law Firm has successfully defended clients charged with DUI, and those cases taught me that the facts in each case must be investigated thoroughly—from the moment the driver is stopped by law enforcement to the actual arrest and everything in-between. An arrest is not a conviction, and every detail is important. A successful resolution to your case begins with first hiring the best criminal lawyer in Marietta and the metro Atlanta area to investigate those details and build a defense.

Here are some tips for choosing a great DUI lawyer.

LOCALLY EXPERIENCED

Hiring an attorney who not only has a successful track record in defending DUI cases but also has experience doing so in local courts is crucial. Knowing the judges, prosecutors, juries, and the way the courts work are an important part of defending your case. Not all cases will go to trial. An experienced DUI attorney from a criminal law firm near Marietta will understand the strategy needed on local levels to ensure the best outcome possible.

RESEARCH

Online tools, like the one found on the State Bar of Georgia website, allow prospective clients to research attorneys and any disciplinary actions that have occurred. Word-of-mouth is another way to find a great attorney. Ask family members or friends about attorneys they feel are ethical and effective.

CONFIDENCE

Meet with the attorney first and discuss the facts of the case surrounding your arrest. Ask questions about the attorney's background, experience, and fee structure. Feeling confident in the attorney's capabilities is important. A good attorney won't guarantee an outcome, but will be able to share the outcome of similar cases he or she has tried in local courts.

Finding the right attorney can make all the difference in your case's outcome. Start by asking yourself, “Who is the best DUI lawyer near me in Marietta ?” If you have legal questions , the Lopes Law Firm is ready to answer them. Call us today !

Accused of a Crime? What are your next steps?

Fri, 16 Sep 2016 19:03:04 GMT

When you have been accused of a crime, the best thing you can do is work with a criminal attorney like Attorney Lopes who can help you achieve the best, most reasonable outcome possible. With Attorney Lopes, you now have the tools necessary to walk through the following next steps.

BOOKING

After your arrest, you will be booked into a jail cell. At this point, your fingerprints will be taken, as well as a photo. They will also run a background check on you.

BAIL OR BOND

The bail or bond is the amount set that you will need in order to get you out of jail. The amount of your bond depends on a number of factors, and a magistrate judge generally sets it at your first appearance in front of a judge. Even if you do not have the money, consider your options; have someone in your family contact a bondsman to identify your options, and if the bond seems out of proportion, you should contact a knowledgeable attorney that can lower the bond.

PRELIMINARY HEARING

At the preliminary hearing, it is determined whether there is enough evidence on either side to show a crime was committed and reasonable belief that you did it. Attorney Lopes's job at the preliminary hearing is to find the holes in the government's case and begin to create doubt in the case. This is not the time to prove your innocence. However, in Georgia such a hearing may be waived by bonding out of jail. Accordingly, depending upon the type of case, it may not be in your best interest to bond out before this hearing, so call The Lopes Law Firm to plan your defense.

ARRAIGNMENT

After the government formally accuses you of a crime or offense , the first time in court is known as your arraignment. Motions to protect your constitutional rights must be filed at this time. If you have not hired The Lopes Law Firm yet, make sure you do so by or before the arraignment.

BARGAINING

Only about a tenth of all criminal cases go to trial. The other 90% of them are resolved through plea bargains. This is the process by which Attorney Lopes will bargain with the prosecution and perhaps the judge overseeing your case to negotiate a lighter sentence or reduced charges.

TRIAL

If the plea bargains don't sound great, or if you are truly not guilty of the crime you are accused of, it may be your best option to have your case go to trial. There is no real way to know how long your trial will last on, but some last a few days and others can last a few weeks. At the end of your trial, you will either be issued a sentence or may be released. The difference largely lays in the work you and The Lopes Law Firm put into the case to dispute the proof of the government's evidence. It is best to contact Attorney Lopes early in the process.

Please call Attorney Lopes at (404) 589-9000 or request a consultation ! So you can better understand your rights and options.

Your Rights when Arrested or Charged with a Crime

Thu, 15 Sep 2016 18:55:20 GMT

You've seen them on TV. You probably could recite at least half of it by memory just from what you've seen on crime dramas. But when the going gets tough and you are actually arrested, what do you really know about the Miranda warning and what you are being told? Here is some more information on each statement made in the Miranda rights.

YOUR RIGHT TO REMAIN SILENT

Simply put, you don't have to say anything during an arrest. You might feel like you have to say something in your defense even after the Miranda warning is read to you, but you don't. You can politely refuse to answer any questions or just stay silent.

ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU

One unfortunate truth about being placed under arrest is that the arresting officers are going to be looking for any signs that would implicate your guilt, so saying nothing is usually better than saying anything, no matter how innocent you feel it is.

YOU HAVE THE RIGHT TO AN ATTORNEY

You have the right to retain Attorney Lopes before you answer any questions or make any statements to police. Having the right to retain counsel to assist you is a tremendous opportunity if you have the means to hire an attorney.

AN ATTORNEY WILL BE PROVIDED IF YOU CANNOT AFFORD ONE

In the event you don't have the means to hire a criminal defense attorney from the Lopes Law Firm on your own, a public defender will be assigned to your case. Every person charged with a crime should be treated equally under the law and this involves having legal representation.

UNDERSTAND THE RIGHTS AS READ TO YOU

Miranda warnings won't have any meaning unless you understand that you actually are allowed to not make any statements, incriminating or otherwise, to police, and that if you do have Attorney Lopes, who is experienced in criminal defense in Metro Atlanta and Marietta , your rights will be protected.

Please call Attorney Lopes at ( 404) 589-9000 or request a consultation , so you can better understand your rights and options.

Do's & Dont's When You Get Arrested

Fri, 09 Sep 2016 20:13:59 GMT

Getting arrested can be a scary thing, and thanks to television, movies, and the news, it is not getting any less scary. The important thing to know is that you have rights when you are arrested, and it is important that you protect those rights. At the Lopes Law Firm, we see a lot of clients who make mistakes when faced by pressure applied by the arresting and interrogating officers. When you get arrested, there is only 1 thing you should do.

LAWYER UP

The only words out of your mouth should be "I want a lawyer," or simpler and better, "Lawyer." You don't need to be confrontational, but you also do not need to be cooperative. When you say that you want a lawyer, you are protecting your right to remain silent and to not have what you say held against you in a court of law. Do not answer any questions. Do not say anything. Just get a lawyer.

DON'T OUTSMART POLICE

You are not as smart as the police. No one is. Do not try to outsmart them. It is a losing game. Their job is to get convictions, and they are good at it, even if you are innocent.

DON'T ACCEPT A DEAL

Police can lie, and they often do. That's what going undercover is all about. Do not accept any deal without the advice of a lawyer from the Lopes Law Firm. An officer might tell you that he or she will put a good word in for you with the judge, but that doesn't mean anything.

DON'T BE INTIMIDATED

Police are intimidating. Their voices, their uniforms, and their demeanors are designed to frighten people into following the law. They may tell you that the deal is on the table only until the lawyer arrives. They may tell you that they have all the evidence against you. While they are just doing their jobs, it is important for you to protect yourself. Hiring Attorney Lopes is the best way to do that.

Call The Lopes Law Firm at (404) 589-9000 or request a consultation , so you can better understand your rights and options.

Common Crimes that Require a Criminal Defense Attorney

Wed, 20 Jul 2016 20:09:54 GMT

In the United States, crimes are classified as felonies, misdemeanors, or infractions based upon the severity of the crime. While not all crimes require legal representation, those with serious penalties and consequences do. If you have been charged with a serious crime, Attorney Lopes can help protect your rights and your future. Read our following guide to learn when to call the Lopes Law Firm.

MURDER AND MANSLAUGHTER

Murder is the intentional killing of another person and one of the most serious crimes that can be committed. Manslaughter is the unintentional killing of another person. There are several degrees or classifications of each type of homicide, but all comes with severe penalties.

ASSAULT

Criminal assault is the threat, attempt, or actual harming of another person. There are several different types of assault, including felonious, simple, physical, aggravated, sexual, and verbal assault. Consequences of assault charges can range anywhere from probation to jail time depending upon the severity of the crime.

DUI

DUI, also referred to as DWI or OVI, is an acronym for driving under the influence of drugs or alcohol. This crime can be classified as a misdemeanor or a felony depending upon the circumstances and number of prior convictions the individual has. Penalties for DUI convictions include hefty fines, license suspension, probation, mandatory substance abuse treatment programs, and jail time.

DRUG CRIMES

A drug crime is a legal term used to describe violations involving controlled or illegal substances. There are several different types of drug crime charges, including distributing, possession, manufacturing, or trafficking of a controlled or illegal substance.

WHITE-COLLAR CRIMES

A white-collar crime refers to a nonviolent, financially motivated crime committed by business or government professional. Some of the most common types of white collar crimes include bank fraud, blackmail, bribery, counterfeiting, embezzlement, extortion, forgery, insurance fraud, investment schemes, money laundering, and tax evasion. These crimes can be classified as misdemeanors or felonies depending upon the severity of the violation.

THEFT CRIMES

Theft Crimes which encompasses burglary, robbery, theft by taking, receiving, conversion, fraud and simply shoplifting. These crimes and offenses can be characterized as felonies and misdemeanors offenses depending upon the value of the item that is stolen and the method by which it is obtained.

Request a consultation or call us at The Lopes Law Firm - (404) 589-9000 , so you can better understand your rights and options.

3 Great Tips for Finding a DUI Lawyer in Marietta

Tue, 07 Jun 2016 20:04:58 GMT

Each year, thousands of people are arrested on DUI charges in the United States. If convicted, a DUI arrest can lead to heavy fines, incarceration, probation, and community service. For that reason, it's important to prepare as best you can for your court dates. Hiring a DUI lawyer should be your first step in preparing for your case. However, not every attorney is going to be able to help you in the same way. Here are 3 tips to help you find the right representation.

Make a list of potential attorneys. It's important to do your homework before hiring anyone. Speak with friends and family members that you trust. If they have used a DUI attorney in the past find out what the outcome was and then get the contact information to add to your list. Check each attorney's website and reviews of previous cases and education are all great strategies to get a feel for who each attorney is.
Contact each of your prospects, and set up initial appointments. You need to ensure that your future lawyer is qualified to handle your case. During your first meeting, ask a lot of questions to make sure that you feel confident in their legal abilities, but also listen to what the attorney says. You can learn more about the attorney by finding out how he or she will approach the matter and what the likely outcomes of your case will be.
Make sure you know the attorney's fees, and remember experience is more significant then price. The fee is not the only consideration to selecting the right attorney for the case. Fees are generally reflective of the attorney's experience. Each lawyer is going to have a different financial policy. Some might require a retainer. Know exactly how much they are going to charge you for their services and when that money is due.

Hiring The Lopes Law Firm is your best bet at winning your case or lessening your sentence. Call us at (404) 589-9000 or request a consultation today! We're here to help you.

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Get Legal Help from The Lopes Law Firm

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