By the age of 23, nearly one-third of all people in the U.S. will have been arrested for a crime other than minor traffic offenses, according to the findings of a new study in the journal Pediatrics.

These numbers show a substantial increase from a similar study conducted 44 years ago, which found that 22 percent of people had been arrested by age 23.

The new number may seem surprisingly high but keep in mind that it applies only to arrests – not to convictions, and not even to the filing of formal criminal charges. The data includes arrests for comparatively minor offenses such as truancy, vandalism, and underage drinking.   

Experts are attributing the rise in arrests among young people to factors such as the increased prevalence of drug offenses and domestic violence offenses — which were not committed, reported, or acted upon by law enforcement with nearly as much frequency forty years ago.

If you have any questions, comments, or concerns… contact the Conyers criminal defense lawyers of Hall, Martin, Sinkler & Assoc P. C. in Rockdale,  Newton, Covington, and Conyers Georgia.

A detail that trips up many individuals in Conyers and Rockdale County is mistakenly assuming that the state of Georgia allows their DUI record to be expunged after the passage of time. Unfortunately, a DUI conviction remains on your criminal record forever, following you to the grave. Since a criminal record can jeopardize your present employment and future career, it’s vital to aggressively contest any charges with an experienced and highly qualified DUI attorney from Hall, Martin, Sinkler & Associates, P.C..
Georgia DUI Laws Explained
It is a criminal offense in Conyers and Rockdale County Georgia to operate a car, truck, motorcycle, or pilot a watercraft when a motorist’s ability is impaired by the use of alcohol or drugs, or if a driver’s blood alcohol concentration (BAC) is above regulated allowances. Drugs that may compromise driving abilities include street drugs, prescription medications, and even over-the-counter medication.

While .08% BAC is the statutory limit at which you may be charged with DUI, you could also be convicted at just .05% if the prosecution can firmly establish beyond a reasonable doubt that you were a less safe driver due to the consumption of alcohol. The legal BAC limit for commercial license holders and underage drivers is even lower. A commercial driver could be convicted at .04% and a driver under the age of 21 could be convicted with a BAC of just .02%

The Punishment
Jail time, probation, steep fines, community service, driving restrictions, and alcohol treatment programs are all possible if you are found guilty of a Georgia DUI in Conyers and Rockdale County . Because judges must follow the “mandatory minimum” sentencing guidelines, even a first-time offender could spend at least 24 hours in the Rockdale County Detention Center. Judges are also free to impose harsher penalties and often do because of public pressure or their own private views.

Several factors could result in even stiffer punishments. The judge will consider any prior DUI offenses, the presence of a child or children in the vehicle, whether any other moving violations occurred, whether a commercial vehicle was being operated or whether there was any property damage, injury, or death.

If your BAC is over the legal limit, or if you decline to take the chemical tests, your license will automatically be suspended for a year if it is your first offense, three years for a second offense, or five years for a third offense. An ignition interlock device may also be installed in your vehicle when you finally do regain the ability to drive. Similar to a breathalyzer, this device will prevent your vehicle from starting unless your BAC registers under .02%. For a fourth DUI offense, your vehicle may be confiscated. Even in the most lenient sentence, you will be required to complete a mandatory alcohol education course as well as substance abuse assessment and/or treatment.

Fighting Your Charges
Due to public pressure and media attention, judges are unlikely to be lenient in DUI cases where individuals plead guilty; therefore, hiring an experienced DUI lawyer is more important than ever.  The DUI defense attorneys at Hall, Martin, Sinkler & Associates, P.C.. are always available, to talk with you and to answer any questions you may have.

Of course, no one actually wants to be arrested for driving under the influence in Conyers or Rockdale County . What many people do not realize is that you will have two cases to contend with if arrested for DUI. Firstly, there is the criminal case. This would be the state of Georgia imposing penalties on you. They can take the form of probation, fines, or a jail sentence. Secondly, there is the civil case, which involves the Department of Driver Services suspending your driver’s license. The criminal aspect can take several months to sort out, but the civil case is administrative. The GA legislature allowed the Department of Driver Servicesto formulate its own rules for license suspension following a DUI in Georgia. You only have ten days to ask for an administrative hearing to determine the outcome of the license suspension. If you do not submit the letter requesting the hearing, your license will automatically be suspended. The only course of action that would be available at that point would be to hope for an acquittal. By sending in the “10 day letter,” you can still have several options available to you. After being arrested for DUI, it is crucial that you speak with a Conyers attorney immediately.

It is illegal to drive in the state of Georgia while under the influence of any drugs and/or alcohol to the extent that it has become “less safe” for the individual to drive. It is also illegal to drive with a Blood Alcohol Content (BAC) of .08 or greater.

The standard for operating a commercial vehicle is lower, with a Blood Alcohol Content of .04 or greater being beyond the legal limit.

If a driver is  under 21, it is illegal to drive a vehicle with a BAC of greater than .02. The same jail terms that apply to convicted drivers over the age of 21 also apply to those under the age of 21, however if you are under 21 you may be able to serve your jail time only on weekends.

The following blog entries will describe penalties of being convicted of a DUI.

Do the Conyers Police or the Rockdale County Sheriff’s Office always need a warrant to conduct a search?

No. In many situations, the Conyers Police or the Rockdale County Sheriff’s Office may legally conduct a search without first obtaining a warrant. These are called consent searches. If the Conyers Police or the Rockdale County Sheriff’s Office ask your permission to search your home, purse, briefcase or other property, and you agree, the search is considered consensual. In this case, Rockdale County police does not need a warrant. The police typically attempt to obtain a person’s consent by threatening to detain him or her while they obtain the warrant.

If the Conyers Police or the Rockdale County Sheriff’s Office pulls me over can he or she do a pat down search of me or search my car?

Yes, if the officer has reason to believe that you may be armed, you could be patted down (searched) you when you are pulled over for any traffic violation. You may also be searched if the officer has reason to believe you may be involved in criminal activity. Assuming the Conyers Police or the Rockdale County Sheriff’s Office have probable cause — a reasonable basis or justification to believe that you or your passengers are involved in criminal activity — they can search your car and property belonging to passengers.

If my car is impounded, can the Conyers Police or the Rockdale County Sheriff’s Office search it?
Yes. If your car is towed and impounded, police have the authorization to conduct a thorough search of it, including the trunk and any closed containers that they find inside. This is true even if your car was towed after you parked it illegally or if the Conyers Police or the Rockdale County Sheriff’s Office recover your car after it is stolen.

The Conyers Police or the Rockdale County Sheriff’s Office are required, however, to follow fair and standardized procedures when they search your car and may not stop you and impound your car simply to perform a search.

What does the search warrant allow the Conyers Police or the Rockdale County Sheriff’s Office to do once they have obtained it?

Once the Conyers Police or the Rockdale County Sheriff’s Office have secured a search warrant from a judge, they then have the right to enter the designated property to search for the evidence/contraband listed on the warrant. Technically, the search is only authorized for a specific area of the property. For example, if the search warrant includes only the kitchen, the search should not extend into the living room, bathroom or bedroom. But there are exceptions to this limitation which are frequently used to justify broader searches. For example, the Conyers Police or the Rockdale County Sheriff’s Office may search beyond the limitations of the warrant in order to:

1) Ensure that they and others’ safety is secured
2) Ensure that evidence is not removed or destroyed
3) Investigate possible additional evidence located in plain view in areas outside the limitations of the warrant
4) Search for evidence they believe may exist elsewhere on the property due to what they discovered in the original area

For example, although a warrant might be issued for the search of a backyard, the sound of a shotgun being loaded in the house would justify expanding the search to the house in order to protect the officers; similarly, a search limited to the basement might legitimately be moved to the upstairs if the Conyers Police or the Rockdale County Sheriff’s Office, searching for illegal drugs for instance, hear toilets being flushed on upper floors. And the police can always seize potential evidence or contraband items if they are in plain view or are discovered while the officers are searching for the items listed in the warrant.

to be continued….

The Conyers PD or Rockdale County SO must convince the judge of certain information in order for a search warrant to be issued. One, that items associated with a crime are likely to be found in a specified location on the property in question. The Conyers PD or Rockdale County SO accomplish this by giving the judge all the facts they have gathered about the situation. Usually this information is second-hand from an informant or based on the officers’ observations. Second-hand information MUST be reliable to be used. An example of this is citizen tips to the Conyers PD or Rockdale County SO. Usually a judge will require additional observations from an officer checking out the tip in order for a search warrant to be issed on the basis of this kind of second hand information. If an informant is involved, they must be deemed reliable. Sometimes a judge will not require the corroboration of police testimony to issue a search warrant. It’s basically up to the discretion of the judge.

A search warrant is a document of permission, signed by a judge, that allows the police to enter private property to look for particular contraband or items. The search warrant is addressed to the owner of the property, and basically informs the owner that a judge has ruled that it is reasonably likely that contraband or evidence of criminal activities will be found on location at the property.

The police are expected to request a warrant before searching private property. A search that is conducted without a warrant is deemed unreasonable. If police enter private property and do not have a warrant they will later have to obtain the warrant after the fact. They will have to justify the search and explain why a warrant was not obtained before entering private property if the defendant challenges it in court.

Is your property private?

As with automobiles, if the Conyers PD or Rockdale County SO are able to view evidence or contraband on your property without actually entering it, they have not technically conducted a search. This means you cannot have a reasonable expectation of privacy in an area that can legitimately be seen from outside your property by the police or anyone else. What the Conyers PD or Rockdale County SO observe can be the basis for getting a warrant to enter and have a closer observation. Or, if the situation calls for prompt action (the need to stop a drug deal, for instance), they may enter without a warrant.

The Conyers PD or Rockdale County SO are allowed to take photographs from the air or come physically close enough to overhear your conversations. Actions such as these are not considered searches. Without a warrant or an exception to the rule requiring a warrant, officers are probably not allowed to use equipment to discover what is on your property or to eavesdrop on your conversations. In general, if the investigation method is artificial and high-tech, it’s likely to be considered a search. However, it varies from state to state where they draw the line.

to be continued…