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Old 08-03-2007, 01:50 AM
Rita7854
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Question Georgia Minicipal Courts...

I was charged with Illegal Passing, Too Fast for Conditions and Following Too Closely. I was guilty of the Illegal Passing, but not the other charges. I pled not guilty at Arraignment and came back the next week for a bench trial. About half-way through the cases, an attorney was there to represent a defendant. This attorney kept on and on at the judge with his client's defense and the judge became agitated and angry. From this point on each and every defendant that stood before him was found GUILTY. Unfortunately, I was one of the last ones called. As a result, I was found guilty of two charges that I am innocent of. I was sentenced to 12 months probation and 6 months to pay a $353.00 fine with a 39.00 probation service charge for each month the fine is not paid in full. The way this court is swearing in the defendants is by having all defendants in the courtroom to raise their right hand and say I do after the baliff asking them if they swear to tell the truth, the whole truth and nothing but the truth. There is no way to tell if everyone is raising their hand or saying I do for that matter. No one was advised that they had the right to an attorney and if they could not afford one, one would be appointed for them. My question is, is't there something that can be done about this? I thought that when one was being placed on probation, they were entitled to an attorney since if you violate your probation, you would be sent to jail.

Thank you for any input.

Rita
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Old 08-03-2007, 08:58 PM
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You do have the right to an attorney, but not in all cases, such as traffic court. I would suggest that you speak with an attorney to discuss your legal options, but do so immediately since you only have so much time to appeal the decision. You can locate one through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.
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