THE LAW OFFICES OF DREW MOSLEY LLC 600 South Perry Street
Lawrenceville, Georgia 30046
770-277-8624 phone678-221-0230 fax See our web page focusing on our criminal practice at www.mlawmail.com.
The Law Offices of Drew Mosley handle felony, misdemeanor, bond reduction, DUI, traffic, probation revocation, and appeal matters. We have had numerous favorable outcomes in counties across the Greater Atlanta Metro area, including not guilty verdicts and a reversal in the Court of Appeals. We handle cases in Gwinnett, DeKalb, Fulton, Clayton, Cobb, Forsyth, Barrow, Walton, and numerous other Metro and surrounding counties. We also handle cases involving probation, parole, and expungement and other supervision and criminal record matters.
Whether you need a representative to negotiate a deal with the prosecution or a trial attorney to argue your case to the jury, the Mosley Law Offices can help. We can advise you on the consequences of various actions before charges have been brought or take over a case when personality and other conflicts interfere requiring new counsel. We handle felony cases, traffic cases, juvenile cases, protective orders, and warrant application hearings. Our Attorneys serve Gwinnett, DeKalb, and Fulton Counties and beyond in Georgia.
Criminal Law Q&A by Drew Mosley, Esq.
Q: Should I voluntarily speak to a law enforcement officer who wants to ask me some questions? A: There are serious risks to speaking to law enforcement officers, such as the police, FBI, or others, without first seeking the advice of counsel. As many people serving time can tell you, the fact that you are innocent does not mean that you cannot be convicted of a crime. While the American and Georgian systems of justice work very well, they are not perfect. There are some activities that are criminal that people may not be aware of or fully appreciate. Furthermore, sometimes a loved one surprises you with the risk they have taken that you did not expect or know about. One should always seek counsel before speaking to law enforcement officers. It will not make them assume you are guilty; it will make them assume you are smart, experienced in living in an imperfect world, and no less likely to help them after you have made sure with your attorney that your interests have been taken into account. Q: Can an attorney from the Mosley Law Offices visit individuals held in a county jail or prison?
A: Yes, attorneys generally may visit someone held in custody at any time with some limitations. Attorneys generally are not restricted to the visitation hours during which someone being held can be visited by family and friends. Q: What exactly is a plea deal? A: A plea deal is a negotiated plea. In a negotiated plea, a defendant pleads guilty or no contest in exchange for a pre-arranged sentence, which may consist of time in jail or prison, probation, work release, community service, as well as other rehabilitative programs. A plea deal is usually thought of as a lighter sentence in exchange for admission of guilt or that the defendant can put up no contest to the state's evidence although he does not wish to admit guilt. In such a deal, the state avoids having to spend the time and resources to try the case before a jury. The defendant may avoid some risk of a greater sentence at trial, although it is possible that a prosecutor will offer a deal that is no better than what would be the likely sentence at a trial at which the defendant was found guilty. A good lawyer is essential in evaluating and negotiating a plea. Q: What exactly is a jury trial? A: A jury trial is the familiar (for those who have seen it on TV) decision by one's peers selected from the community of whether or not a person is guilty or not guilty of crimes of which the state has accused them. The historic wisdom is that a group of one's peers can make a fairer decision, which one can accept, than even a judge. This can seem true or not in any given case depending on the jury, outcome, and proceedings. A jury trial is one of the most effective settings in which a defense attorney can demand that the state prove every element of their case and provide real acknowledgment and protection of a defendant's rights. Only a defendant and his or her attorney can decide the question of whether or not to go to trial. However, as a general proposition, citizens' demanding jury trials helps the defense bar protect liberties by providing a setting in which the state can be openly challenged in the charges it brings against individuals. Q: Can a criminal conviction affect my immigration status? A: Yes, a misstep in defending a criminal charge can result in deportation. If you have immigration issues, it is essential that you have criminal defense counsel who can help to make sure the process does not move too quickly for you to make an informed decision about criminal and immigration consequences of any accusation against you. Q: What is a suppression motion? A: A motion to suppress is a request for the court to disallow the use of evidence that was improperly obtained by law enforcement officers. The fruits (or in other words, items found) of a warrantless search may be suppressed unless certain exceptions are met. Statements may also be disallowed even if they admit the commission of a crime if the proper safeguards have not been met by law enforcement in obtaining the statement. Thus, it is important to remember that the significant rights and liberties held by the citizens of the United States and Georgia (and others present in the country and state, with some limitations) may allow a case that would otherwise seem to be hopeless to be won if what happened was unfair to the Defendant. Q: Does a criminal law violation jeopardize my driver's license? A: Many crimes will put your driver's license at risk of suspension or revocation. One common example is a DUI (citation for Driving Under the Influence of alcohol or drugs). Consulting a lawyer can help you determine the potential driver's license consequences of a plea or conviction of such an offense. Q: Is there a way to see if my driver's license is valid or suspended? A: Yes, the Georgia Department of Motor Vehicle Safety has a line that allows you to enter your driver's license number to determine its status. That number is 404-657-9300 (Selection Option 1 [as of May 20, 2012]). Q: Now that I have been found guilty, can I appeal my case? A: Maybe. In order to appeal your case, you must be within the often very short time periods within which to do so. This can be as short as 10 days, or possibly shorter. If you believe you may need an appeal, act immediately. If your case is not yet over, but you fear you may need to appeal your case and want to protect your ability to do so, hire counsel who can lay an effective record, so that the appellate court has something to look at. In many instances, if you do not have a transcript, there is no hope of appealing; however, check with an attorney to be sure. Drew Mosley is licensed to practice before the Georgia Court of Appeals, the Georgia Supreme Court, and the Federal Court of Appeals for the Eleventh Circuit. See our recent appellate win in Georgia Court of Appeals Case A11A2299 (Decided, February 23, 2012). Q: What associations for criminal defense attorneys do Mosley Law Offices participate in? A: Drew Mosley is Treasurer of the Gwinnett County Bar Association Criminal Defense Section and has been for some time. He is also a member of the Georgia Association of Criminal Defense Lawyers. |