FAQ
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Drug Charges
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What is the difference between actual possession and constructive possession of drugs?
Actual possession of drugs is the term used when police officers find drugs in a person's possession, such as in their hand or the pockets of their clothing. Constructive possession is the term used when a person has access to drugs or exercises control or has knowledge about the drugs, such as drugs in a bag in a car or in the room of a house. Either constructive possession or actual possession of drugs could result in a conviction for a drug offense, however, any time there is constructive possession there are multiple defenses that could be examined, including an equal access defense. Additionally, any time drugs are found seizure and search are issues that need to be fully investigated.
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Will I go to jail if I am convicted of a drug offense?
A drug offense could be a misdemeanor or felony offense, either type of offense carries a risk of jail or prison time. The facts of the case and the individual's specific circumstances will determine how significant the risk of confinement if convicted of a drug offense. Also, what offense the person is charged with can determine the risk of confinement. A criminal defense attorney will examine the charges, the facts of the case, and all potential defenses to determine the risk to that individual. Additionally, even if a person is convicted there are alternatives to confinement and even alternatives to a conviction appearing on their criminal history for the rest of their lives.
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What defenses are available in my case?
Anytime anybody is facing criminal charges, including drug offenses, they want to know what kind of defenses are available in their case. An experienced defense attorney will look through the State's evidence to examine whether the stop or seizuire of the individual was lawful, was the search of the individual, house or vehicle was legal, and whether any statements made may be admissible against them in court. These are just some of the basic defenses, however, each case is unique and different and has differenct defenses that will need to be examined or explored. This is exactly why a person will want an experienced criminal defense lawyer that has years of experience examing, researching and evaluating these and other defenses.
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What is first offender, and can I use a first offender plea for a drug charge?
In Georgia there is a general first offender pursuant to O.C.G.A. § 42-8-60 and a conditional discharge pursuant to O.C.G.A. § 16-13-2, both of which are potentially available to a person that is charged with certain types of drugs offenses. Whether first offender or conditional discharge is allowed will be determined by the specific charges and the individual's criminal history. The benefit of either option is that an individual that successfully completes either a first offender or conditional discharge sentence can avoid a criminal conviction for those charges under Georgia law. That means that a person can potentially avoid having a drug or felony conviction on their permanent criminal history.
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DUI
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What Should I Do if I Get Arrested for A DUI?If you get arrested for DUI the first thing to do is to contact lawyers to find an experienced DUI lawyer that you feel is competent and that you are confident can handle the intricacies that come with providing your DUI defense. Time is sometimes of the essence because if the officer served the person with a DDS-1205 or administrative license suspension form, that individual has only 30 days to decide what path they will take as to that specific license issue. Our DUI lawyer can help you get through the legal process as quickly as possible.
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Can I Lose My License For My First DUI Offense?If you are convicted for a first-time DUI offense, your license or privilege to drive in Georgia (if you are an out-of-state license holder) will be suspended for a certain period of time. That period depends on a person's age and whether there was an administrative license suspension. They may be eligible for a limited driving permit, but that will depend on the circumstances of their case. If you are under 21 when you are convicted of a DUI, you will not be eligible to get a permit once your Georgia driver's license is suspended .
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When a Police Officer Pulls Me Over and Asks if I Have Been Drinking, How Should I Answer Him?Typically, a police officer can smell the odor of alcohol when they approach an individual, so the answer to the question is unlikely to determine whether the officer either follows up with more questioning or with a request to submit to field sobriety evaluations. An individual is not required to answer any questions about drinking including how much, when, or how recently the drinking stopped when questioned by a police officer.
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Do I Have to Submit to Field Sobriety Testing?No, NHTSA or or nonstandaridized roadside field sobriety tests (also called SFSTs or FSEs) are voluntary. This means that an officer cannot require a person to perform these evaluations or tests. Additionally the law states that if an individual does not submit to a standardized field sobriety evaluation, that refusal to submit is not admissible in evidence against them at a trial.
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Do I Have to Submit to a Portable Alcosensor Breath Test?Similar to roadside testing, an officer cannot require a person to submit to a portable, roadside alcosensor breath testing device. Similarly to FSEs, a refusal by an individual to submit to a portable roadside alcosensor device is not admissible against an individual at a trial of their case.
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What Is DUI Less Safe?Less safe pursuant to O.C.G.A. § 40-6-391(a) means that a person is impaired by alcohol, drugs or prescription medications to the extent that they are less safe to drive than if they were not impaired. It can also be restated as incapable of driving safely. This is a very vague term and leaves a lot of area for interpretation as to whether a person is less safe or DUI. The amount of alcohol, drugs or legally taken prescription medications that makes an individual less safe may be different for that of another individual. Officers and prosecutors try to use everything they can to say somebody is less safe to include their driving and performance on field sobriety evaluations. They try to point to as much evidence as they can to say that somebody is impaired or less safe. Our criminal defense lawyer can advocate on your behalf to show why those clues may not be as persuasive as the state would want a judge or jury to believe.
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Can the Police Charge Me with A DUI Even if They Do Not See Me Driving the Car?Yes, a police officer can charge somebody with a DUI even if they do not see them driving. The prosecutor needs to be able to prove that a person was in physical control of a motor vehicle while they were under the influence of drugs or alcohol, which does not require the officer to see the person actually drive the car. An accident is an example of a case where a police officer could arrive after the driving was over and still be able to charge a person with a DUI.
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Is There Any Way to Avoid a Suspended License?A conviction for a DUI requires a minimum period of license suspension. During that period of suspension, people are oftentimes able to obtain a limited driving permit that allows them to drive to work, school, medical appointments, and other specified activities. The only way to completely avoid a suspended license is to avoid the DUI conviction, with either a reduction or dismissal of the DUI charge.
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Will I Go to Jail if Convicted on A First DUI Charge?A first DUI conviction for a person over 0.08 grams of blood alcohol concentration requires a person to serve 24 hours in jail with other statutory minimum sentence requirements. Some courts are willing to waive the remainder of that time, especially in a DUI less safe case. As the number of DUI convictions for a person increases, generally, that comes with an increase in expected jail time. However, the expected jail time for a first or subsequent DUI oftentimes varies significantly depending on the county in which the person is convicted.
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When Do DUI Charges Come Off My Record?A DUI conviction stays on your record, which is the reason why it is so important to get a lawyer that is experienced in DUI law to have the best opportunity to avoid a DUI conviction. DUI lawyers look for all possible legal and factual defenses to avoid a DUI conviction.
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Choosing Your Attorney
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When Would I Need Jason Slider as My Lawyer?
Anytime that you are in a situation where you are facing criminal charges. He handles all misdemeanor and felony offenses. Sometimes it is important to act quickly, as certain filings have to be done within a certain period of time. Contact Jason Slider to discuss your charges and your potential deadlines today.
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What Should I Look for In a Criminal Defense Attorney?
Integrity, competence, and follow-through. You want an attorney that has experience handling your particular criminal charge and that is familiar with the courts and prosecutors handling your case. Jason Slider has over 20 years of experience with criminal matters, and is available to speak with you today about your criminal charges.
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How Do I Pick My Lawyer?Most of our clients are referred by former clients; but, if you do not have a referral for an attorney, interview several until you find one with the necessary knowledge, experience, and integrity you would expect to represent your interests. Give us a call to discuss your case to see if we are the right criminal lawyer for you.
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Can I Handle My Own Criminal Defense?Sometimes I counsel those who contact me on ways to attempt to address their issue themselves first before hiring an attorney; but, it obviously depends on what kind of problem it is. When you are facing criminal charges, an experienced attorney will know what to do to best represent you. It is never a good idea to attempt to address a criminal case without at least consulting with an attorney.
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Can I Change Attorneys?Anytime you wish. You have a right to have any attorney that you wish and a right to change attorneys if you are not satisfied with the representation that you desire.
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