Frequently Asked Questions
When you need a dependable criminal defense or family lawyer on your side, count on the team at Crawford and Boyle, LLC, to help you get the representation you need. Whether you face criminal charges or a challenging family situation, we are here to help you fight for your interests. By calling and getting started on your case, you increase your chances of a favorable outcome.
Below we’ve listed some answers to common questions we hear from clients. For more information, simply contact our firm and schedule a free consultation.
Dial (678) 680-5000 now or contact us online to begin planning your case.
Do I need a criminal lawyer?
Being charged with a crime can seriously affect a person’s life, and being convicted can devastate it. When someone is arrested for a criminal offense, they should retain representation right away. By implementing the correct legal strategy early on, you can better defend your rights. At Crawford and Boyle, LLC, you can expect personalized service and dedicated legal representation.
Can I clear my Georgia criminal record?
Georgia law provides that a person is generally eligible for an expungement you can show that your records are inaccurate or incomplete and you are not convicted of the charge and the charge was not dismissed due to certain circumstances, such as:
- Evidence being thrown out for a Fourth Amendment violation
- You have no charges pending
- You have not been convicted of anything in the United States in the last five years.
If a person has been convicted the crime there is no expungement in the state of Georgia.
Georgia’s expungement laws are very complicated the process can be expensive and there are many exceptions which prosecutors in law enforcement may use to disqualify you from receiving an expungement.
Why should I hire an attorney instead of retaining one for free?
A court appointed attorney has three times as many cases as a private hired attorney. We can provide timely and accurate answers to your questions. We have the time and resources to thoroughly investigate your case. We will meet with your family members and keep you informed. By having fewer cases, we can spend much more time defending you.
What happens during a criminal defense consultation?
If it is your first time calling in seeking a consultation, one of our legal assistants will gather some basic information. Our assistant will ascertain whether your issue is one that we can help you with, and if so, which attorneys are available.
Our assistant will then connect you directly to one of our team of criminal defense attorneys. If all attorneys are in court or otherwise unavailable, our assistant will take your contact information and email it to the attorneys so one of us can call you back. Existing clients and customers that call in will speak with a legal assistant who will attempt to help them with whatever questions they have.
Our legal assistants are very knowledgeable and can usually answer 90% of client questions. If there is something they cannot answer because it requires an attorney response only, or if they do not know the answer to a particular question, they will get an attorney on the phone to answer that question directly.
This streamlined process allows our attorneys to focus on the cases rather than answering questions that can often be easily and better handled by assistants.
What to bring to a criminal defense consultation:
During an initial meeting with a criminal defense attorney, you should bring any paperwork that is related to your arrest. Paperwork may be citations or warrants, an incident report, breath test results, license suspension papers, etc.
Additionally, bring paperwork that is related to the defense such as evidence you might have that could disprove some of the prosecution’s claims.
Bring a written narrative of the events with as much detail as possible. Write notes down directly after your arrest, or as soon as possible thereafter, because often fine details and memories will fade rather quickly. This will be of great assistance to you and your attorney when the case comes up for a hearing or a trial. For this very reason police officers write down their incident reports within 24 hours of an arrest, so when it comes time for the trial, sometimes as far out as 2 to 3 years later, they can rely on those reports to refresh their memory.
Are initial consultations in-person?
You do not need to come to our office. Approximately half of our clients choose to have a traditional in-person meeting initially so they can feel comfortable about who they are hiring. However, half of our clients do prefer to sign a contract electronically using Adobe Sign software that allows them to E-sign by using their email, and clicking and typing their name. They can sign the contract electronically and then simply make a payment over the phone. This method will allow us to start working on their case immediately. Either way is fine with us; it is really a personal preference as to what makes our client most comfortable.
How often do we meet during the pendency of my criminal case?
We will meet with you as often as you need to discuss your case. However, please note that we will contact you immediately whenever there is a significant development in your case such as new information from the prosecutor or additional evidence in the case, etc. In addition, I send out written client updates at the beginning of each month that will provide you with the current status of your case, including your next court date scheduled and what it pertains to. Sometimes an update may communicate that there has been no change to your case or that we are still waiting on a ruling from a court, but there will be plenty of updates so that you can fully see that we are working on your case. You will always know exactly where we are in the process and where we are headed.
How many attorneys will work on my criminal case if I hire you?
Generally, the attorney that you hire is the attorney who handles your case from beginning to end. There are a couple of exceptions:
- If there is a conflict, a different attorney may handle the case. For example, one of our attorneys has a father who is a judge in our practice area, so of course, she would never practice in front of him, as that would create a conflict. A client may talk to her about any case but another attorney would then take the case to avoid any conflict.
- Another attorney in the firm may handle a simple court date, such as an arraignment if the attorney working your case has to be in a different court (this gets you out of court faster rather than having to wait.)
- Another exception could occur if one particular attorney has a significantly better relationship with the judge or prosecutor, he or she may step in to handle that part of the proceeding.
- Finally, if one of our attorneys has more experience or expertise in a certain practice area, the file may get transferred to help out on that particular issue, as our goal is to always provide the absolute best service to our clients every step of the way. Consider this example, I take on most of the appeals for the firm as I have handled considerably more of them than the other attorneys in the office, so if an appeal is necessary, that file will almost always get transferred to me.
- Our excellent legal assistants do a lot of the legwork on the cases for us, such as serving subpoenas, obtaining incident reports or videos, sending you notices about your court dates, keeping you current, etc. and they are especially adept at talking with clients and working through whatever issues may arise.
Will my case go to trial?
It depends. Our lawyers will thoroughly investigate your case and present you with your options. We provide sound legal advice based upon our decades of experience in the criminal justice system. In some instances, a guilty plea will be in your best interests. Each client’s case is different and so are their expectations. We work tirelessly to get you the best result possible, and seek to obtain a dismissal in every case, if possible. We routinely take cases to trial and prepare every case as if there will be a trial. The decision to go to trial is 100% the client’s choice.
What should I expect immediately after hiring you?
Once our services have been retained, a client can then expect to truthfully answer a lot of questions. We love asking questions to nail down the exact parameters of the situation, to be able to explore the viability of potential defenses and to identify the prosecution’s strongest arguments so we can prepare to counter them. Once we fully identify the issues and potential defenses, then we actually sit down and talk with you about the range of possibilities in the case. In most cases, we break it down in terms of best-case scenarios versus worst case scenarios and then detail what we expect could happen based on our prior experience with the type of case, a particular prosecutor or officer, or specific court.
How will prosecutors bring charges against me?
Prosecutors will go to great lengths to paint you as a dangerous villain who should not be let back into the public. As former prosecutors, Eric Crawford and David Boyle are well aware of the procedures being undertaken by law enforcement to gain a conviction. With their unique insight into the workings of the prosecution, they can mount a well-prepared defense that protects their clients’ interests.
Can a case be dismissed if the police didn't read Miranda Rights?
Advising you of your right to remain silent is ingrained into society through television. However, the requirement that it be read to you is limited.
The police only have to advise you of this if:
- You are in custody
- They want to interrogate you; i.e. ask you questions that tend to incriminate you.
In most police interactions, the questioning takes place before you are in custody and they are not required to read you your rights.
If the police were required to read you your rights and failed to do so and you made incriminating statements, like, “Hey, that cocaine is mine,” the charges are not dismissed. You can keep that statement from the trial of your case by filing a Motion to Suppress.
If the State still has other evidence to convict you then the cases will proceed. Of course, we suggest you never make any incriminating statements to the police.
Is my innocence at stake if I was accused of a violent crime I didn’t commit?
Yes. Law enforcement spends most of its resources on violent crime investigations as opposed to other less serious crimes. If you were charged with a violent crime, you must take it seriously. Our team at Crawford and Boyle, LLC, can begin our own in-depth investigation of the facts and evidence being brought against you. We can establish challenges to any evidence brought against you and mount an aggressive and vigorous defense on your behalf.
Should I speak with the police to prove that I am innocent?
No! If the police want to talk to you; then you need to talk to us first. Many times the police will talk to you about matters unrelated to their investigation just to get you comfortable talking. They will not advise you of your Miranda rights to remain silent, because they are not required to unless you are “in custody” and they can legally lie to you. It is always better to talk to your lawyer before talking to the police. If they do tell you that you can consult with a lawyer, always accept that warning and end the interview.
Do I have to do what the police officer requests?
Yes and No. You have certain rights at every stage of the criminal process. If you are stopped by a police officer but not arrested, you do not have to answer any questions that the police officer asks you. You can politely decline. They may ask to search you or your vehicle, you should say, no. They may have a legal reason, referred to as “probable cause” but we can argue about that is court later.
Therefore, you should tell the police officer that you do not consent to a search of your vehicle. The police officer may perform a search anyway, but if it is later determined that there was no probable cause, at least you won’t have consented to the search. The police officer could decide at this point that there is no reason to arrest you, and your involvement in the criminal process could end here.
You do have to exit a vehicle if the police ask you to, failure to do so can result in an obstruction charge.
What should I do if I am arrested?
When you are placed under arrest, you should be polite and decline to answer any questions. Contrary to popular belief, the police do not have to inform you of your constitutional rights. This includes your right to remain silent and your right to obtain the advice of an attorney. This is only required if they want to question you.
If you voluntarily start talking, that can be used against you. Keep in mind officers are wearing body camera and there are audio and video recording devices in every patrol car. Shut up, and hire a lawyer. And most importantly do not talk about your case to other inmates or on a phone call from the jail with your family. The call is recorded, and will be played as evidence against you in your trial.