Criminal Defense, Federal Crime & DUI
Criminal charges are not a game. Your liberty may be at risk. There are serious consequences to almost any criminal conviction so it is best not to gamble with your case. Always hire an experienced and capable criminal defense attorney.
Our clients expect us to provide accurate and sound legal advice so they can protect their and their family’s interests.
We use our legal knowledge, case management ability and trial skills along with a healthy dose of hard work to achieve the best outcome for our clients in Columbus, Georgia, Fort Moore, and nearby cities and counties in Southwest Georgia. We practice in federal courts throughout the United States as our client’s need dictates.
FEDERAL CRIMINAL CASES
From Georgia to Texas & throughout the United States
Federal criminal defense is very different from state criminal defense.
The might of the United States government is arrayed against the accused. The government will have used as many experts and spent as much time as the investigator and prosecutor deem necessary to prepare your case for prosecution. Furthermore, the application of the federal sentencing guidelines frequently results in a more severe punishment than received in state courts for similar offenses.
The federal prosecutors faced by the accused are generally experienced, capable, and well prepared. In all but the most complex cases, the federal prosecutor will be ready to proceed as soon as you are arrested. The government will always have the early advantage because it knows the case.
Similarly, federal agents are frequently experienced and well trained. Depending on your case, the DEA, FBI, ATF, military CID, or another well-funded federal investigative agency will be your accuser. Often the investigation has been ongoing for months or even years before you are indicted or arrested.
The federal sentencing guidelines and many of the cases the United States government chooses to prosecute are complex. Since potential sentences are severe and since complex cases present challenges to even the best criminal defense lawyers, anyone charged with a federal crime should immediately retain a lawyer who has experience in federal criminal defense and who has experience trying cases before juries.
If you need a federal criminal defense attorney with decades of experience trying criminal cases, contact our Columbus, Georgia based law firm and discuss your case with Mark Post in complete confidence. We have a deep commitment to pursuing justice for people who need help. We look forward to helping you defend your federal criminal case.
STATE CRIMINAL CASES
Georgia crimes are prosecuted in both Superior and State Courts in some counties in the state. If a county lacks a State Court to handle misdemeanors, the Superior Court handles misdemeanor and felony cases. However, many traffic offenses including DUIs are prosecuted in Municipal (city), Probate (county), and Recorder’s (city) Courts. (See DUI below.) And Municipal courts and/or Recorder’s courts generally have jurisdiction over ordinance violations.
State prosecutors are not tightly controlled by a large bureaucratic structure like the United States Justice Department so they have substantial discretion with regard to the charges they choose to bring and the sentences they choose to seek. Given that Georgia has 159 counties and many more cities, there is a wide range of prosecutorial practice which includes the sentence recommendations made to Georgia state courts. (All Superior, State, Municipal, and Probate courts are Georgia “state” courts.)
Whether you face a misdemeanor such as battery, illegal possession, or driving with a suspended license; or a felony such as aggravated assault, felony possession or sale of controlled substances, or a sex crime accusation, it is important to immediately hire a skilled criminal defense lawyer. Otherwise, you may lose your career, professional licenses, or the right to vote and bear firearms; become a convicted felon; or turn into a guest of a jail or state prison.
Not every case requires a trial. Due to thorough preparation, we frequently resolve cases with a dismissal or a favorable resolution before trial. We always advocate for our client, honestly and forthrightly.
If you need an experienced and skilled criminal defense lawyer in Columbus, Georgia, or for federal court in any state, contact our office to discuss your case.
Columbus, Harris County, and Fort Moore, Georgia
Georgia DUI law can be complex so it is wise to hire a skilled DUI attorney familiar with Columbus, Georgia, Fort Moore, and the other courts in our area. Our Columbus, Georgia, based DUI attorneys have years of experience handling DUI cases and we can help you achieve the best result in your case.
In Georgia, one may be charged with DUI in two distinct ways. One is DUI less safe. Another is DUI greater than .08. The first is based on being under the influence of alcohol to the extent you are a less safe driver. The latter is based upon a blood alcohol concentration (BAC) greater than .08 g/dL which by definition (per se) causes you to be legally considered DUI. Although you may be charged with both types of DUI, you may only be convicted for one DUI. Additionally, you may be charged with DUI based on using some illegal drug or a prescribed medication either alone or with alcohol.
A first DUI conviction carries a maximum sentence of 12 months in jail and a $1,000.00 fine. Minimum sentences for a first DUI require 12 months of probation minus any jail time; 24 hours in jail; a $300.00 fine; 40 hours community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program (commonly called “DUI school”) within 120 days following conviction; and a “clinical evaluation” as defined by law. One may be required to complete substance abuse treatment if the clinical evaluation recommends such treatment. Potential and minimum penalties become even more severe when one is arrested for another DUI or if someone is injured by a DUI driver.
In addition, someone charged with DUI typically faces an administrative driver’s license suspension in addition to the criminal DUI case. If you have been arrested for DUI, DO NOT DELAY hiring an attorney, because you have limited time from your arrest to file an appeal of the suspension of your driver’s license with DDS or to install an ignition interlock device. Otherwise, your license will be suspended.