Arrested in Cherokee County

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Arrested in Cherokee County

The Hernan Law Firm understands that it can be daunting and confusing following an arrest.  If you or a loved one has been arrested within Cherokee County, contact our office at (678) 275-4000 twenty four hours a day to learn how we can assist you through the process and provide a vigorous and zealous defense of the pending charges.  For more information about the Hernan Law Firm’s criminal defense practice, click here.

JAIL

Generally, when an individual is arrested in Cherokee County, they will be brought to the Cherokee County Adult Detention Center located at 498 Chattin Dr, Canton, GA 30115 and operated by the Cherokee County Sheriff’s Department.  The telephone number of the jail is (678) 493-4200.

BOND

In most cases, a detained individual can use the assistance of an approved bonding company in Cherokee County to assist with the posting of bond allowing for pre-trial release.  The bonding company will charge a fee of 15% of the bond amount per charge (with set minimums).  The following bonding companies are approved in Cherokee County as of the date of this post (the most current list can be found by clicking here):

A & A Bonding 770-479-0094
ABC Bonding 770-735-6100
A-Kwik Bonding 770-479-2671
Anytime Bonding 770-720-1033
Bond James Bond 770-345-7917
Cherokee Bail Bonds 770-224-9150
Godfrey Bonding 770-479-5230
24/7 All Bail Bonds 770-557-5998

Jail officials are not allowed to recommend a particular bonding company and will not do so.

COURTS – TYPES OF OFFENSES

Felonies are prosecuted in the Superior Court, misdemeanors (including most traffic offenses) are handled in the State Court and city ordinance violations and some state misdemeanors can proceed in the municipal court of the city where the offense is alleged to have occurred. A misdemeanor offense in the State of Georgia includes traffic and minor criminal offenses that are punishable by a fine of up to $1,000.00 (or higher for certain repeat offenses and high and aggravated misdemeanors) and up to one year in jail.  Felonies are more serious offenses that are punishable by a fine and a sentence of one year or more in jail.  Some offenses, such as local ordinance violations, may not fall into either category and are usually punishable by only a fine or less time in jail.

MUNICIPAL COURTS

Cherokee County maintains a Superior Court, State Court, Probate Court, Magistrate and Juvenile Court. The county also has four cities that maintain municipal courts:

Ball Ground
Canton
Holly Springs
• Woodstock

CLERK OF COURT – CHEROKEE COUNTY

The clerk of court for Cherokee County (for Magistrate, State, Superior and Juvenile Courts) maintains a website that contains online access to court information, including case docket information.  The telephone number of the clerk of court is (678) 493-6511.

 


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Supreme Court Sends DAPA Program Back to Lower Court

On June 23, 2016, a divided Supreme Court sent President Obama’s DAPA program, which would provide deferred action status for parents of United States citizens who meet certain eligibility criteria (a USCIS flyer on the program distributed before the program was delayed in court can be found at by clicking here), back to the lower court to proceed with litigation over the question of whether the President has the power through executive action to implement such a program.  The Court’s ruling simply stated: “The judgment is affirmed by an equally divided court.”  The fact that the Supreme Court was divided 4-4 on the case means that no precedent is set and the Court did not give any reasoning for the positions of the justices.  The case will proceed in the lower court; however, it is unlikely that any final decisions on whether the program can proceed will occur during the remaining term of the Obama presidency.


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Arrested in Gwinnett County for Marijuana Possession

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Being arrested can be a frightening experience, especially the first time.  For many people young and old, their first encounter with going to jail comes following an arrest for possession of marijuana (referred to in Georgia as a Violation of the Georgia Controlled Substances Act or VGCSA).  Individuals arrested in Gwinnett County generally will end up at the Gwinnett County Detention Center located off GA 316 at 2900 University Parkway in Lawrenceville, Georgia.  A list of active inmates at the jail can be found by clicking here.  The phone number of the jail is (770) 619-6500.

Despite laws around the country legalizing the use of marijuana under varying circumstances, the use of marijuana remains illegal in most situations in Georgia.  House Bill 1 was passed by the 2015-2016 Georgia General Assembly and signed into law by Governor Nathan Deal.  This law allows for very limited use of cannabis oil by individuals suffering from very serious medical conditions.  Other than those exceptions, the use of marijuana for recreational purposes remains outlawed.

So, you or a loved one has been arrested for possession of marijuana in Gwinnett County and want to know what happens next.  For county cases, you will likely be required to appear first in the Gwinnett County Recorders Court.  It is possible the case will be heard in the Gwinnett County State Court, or the Gwinnett County Superior Court for felony charges.

The Hernan Law Firm can assist you in identifying whether or not you have defenses to the charge.  For example: (i) you were not actually in possession of marijuana, (ii) the substance was not properly handled or tested, or (iii) the search that resulted in the discovery of the marijuana was illegal.  The weakness or strength of the evidence plays a key role in the negotiation of the case with the prosecutor.  During a free consultation with Jamie Hernan of the Hernan Law Firm, you or your loved one can discuss the many options and potential outcomes for your case.

Pre-Trial Diversion

For many first time offenders, a pre-trial diversion program may be an option.  With a pre-trial diversion program, individuals are given certain conditions to meet in exchange for a dismissal of the charge and restriction of their criminal history (formerly referred to as expungement in Georgia and discussed in more detail below).

Conditional Discharge by Statute

If you or your loved one has been previously convicted of an offense or completed a diversion program, the pre-trial diversion program will likely not be an option; however, you or your loved one may be eligible for a statutory program based on Georgia Code section 16-13-2.  That provision of the law allows a court, in its discretion, to conditionally discharge drug offenses or nonviolent property offenses that are related to an individual’s addiction to a controlled substance or alcohol. A conditional discharge under this provision generally involves a plea of guilty which is withheld by the judge while the individual meets the condition of their sentence.  If they successfully complete the terms of the sentence, the case is discharged without adjudication of guilt.  Please note that a conditional discharge may have serious immigration consequences even if the case is ultimately discharged.

Georgia’s First Offender Statute

If a pre-trial diversion program or a plea pursuant to OCGA 16-13-2 are not options, Georgia’s first offender statute may be considered.  Normally, this statute is used by individuals charged with a felony; however, it may be used on certain misdemeanors including drug offenses.  Georgia Code section 42-8-62 allows for the discharge without adjudication of guilt of a felony charge (or misdemeanor) for individuals who have never before been convicted of a felony.  Judges have the discretion to grant first offender status or deny it.  Many judges will discourage the use of the first offender statute on a misdemeanor charge because once it has been used it can never be used again.

Criminal History

If you or your loved one was fingerprinted in connection with the charge of marijuana possession, the charge will immediately show up on your criminal history as an arrest; however, no disposition will be posted until the case is resolved.  If you were given a citation but not arrested, the charge will not appear on your criminal history until you are convicted or otherwise required to get fingerprinted in connection with the case.  If the case is dismissed and you or your loved one is eligible for record restriction, the process is supposed to occur automatically and the law requires the prosecuting agency to submit evidence of the eligibility for record restriction to the Georgia Crime Information Center that oversees criminal histories in Georgia.

 

Call The Hernan Law Firm right now at (678) 275-4000 if you or a loved one were arrested for possession of marijuana in Gwinnett County, or anywhere in Georgia.

We look forward to serving you and delivering justice in your case.  

 

Important Disclaimer: The information provided in this message was based on information available at the time of its posting and its accuracy cannot be guaranteed at any later time.  Nothing contained herein should be considered by you to be specific legal advice.  For advice regarding your specific case, please contact the Hernan Law Firm at (678) 275-4000.  No attorney-client privilege is created by the posting of this message or your use of this website.  In order to engage the services of the Hernan Law Firm, a written engagement agreement must be signed by both you and Jamie B. Hernan.

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The Hernan Law Firm to open second office in Lawrenceville in Fall 2016

In order to expand its service offerings and accessibility to clients throughout Metro Atlanta, the Hernan Law Firm will be opening a second office in Lawrenceville in Fall 2016.  Please call our office at (678) 275-4000 for more information, and please check back at our website for announcements of the official opening date.  The Roswell office will remain open and will serve as the firm’s main office with the Lawrenceville office serving as a satellite office for the convenience of our clients.


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President Obama to make announcement on executive action on immigration on Thursday, November 20 2014 at 8:00pm

The President has indicated that he will make a long awaited announcement on his plan to address the broken immigration system on Thursday, November 20, 2014 at 8:00pm.  Information about the plan will be posted upon its release at www.hernanfirm.com and www.deferredactionplan.com.


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Arrested for Shoplifting in Roswell Municipal Court

Being arrested for shoplifting can be a frightening experience. A theft charge on an arrest record and a related conviction can have devastating effects on an individual’s ability to seek or maintain employment and pass background screenings. Understanding that, certain courts in Georgia have diversion programs designed to allow first time offenders to have their case dismissed if they meet certain requirements (such as attending a class, performing community service and paying a program fee).

City of Roswell Municipal Court

The City of Roswell has a pre-trial diversion program for first time shoplifting offenders. If an individual has a clean record (no prior convictions), and has not taken advantage of a pre-trial diversion program in the past, with the assistance of an attorney the individual may be eligible for the pre-trial program. As part of the program, the individual will sign a form outlining the terms of the program and meet with a probation officer who will supervise their progress (the individual is not on probation but rather just supervised by the probation office).  As part of Roswell’s pre-trial diversion program, the individual charged with shoplifting will not go before the judge unless they are kicked out of the program for failing to successfully complete the requirements.  Roswell requires participants to attend a class, perform community service and pay a program fee.  Their case is generally reset for approximately twelve to sixteen weeks in order to allow them time to complete the requirements.  As long as they successfully complete the requirements, the case will be dismissed. If the individual does not successfully complete the requirements in the time provided, the case will generally be placed back on the court’s calendar for continued prosecution.

Jamie Hernan, of the Hernan Law Firm, has been successfully representing individuals in the City of Roswell Municipal Court for over a decade and can help those facing charges in the court (whether or not it is for their first offense). For a free consultation about a charge of shoplifting in the City of Roswell Municipal Court, or any other charge, call the Hernan Law Firm at (678) 275-4000.

More information about the law regarding shoplifting in Georgia

Georgia Code section 16-8-14 sets forth the elements of the offense of shoplifting and outlines certain requirements upon conviction. The offense of theft by shoplifting can be charged as a felony or misdemeanor depending on the amount that the individual is accused of stealing and the number of times they have been convicted of shoplifting. If the amount alleged to have been taken exceeds Five Hundred Dollars ($500.00), the case will proceed (at least initially) as a felony. Cases involving amounts less than Five Hundred Dollars ($500.00) will be treated as a misdemeanor. The fourth and subsequent convictions for shoplifting (whether or not the previous convictions were felonies or misdemeanors) will be treated as a felony.

The Georgia Code (Official Code of Georgia Annotated) can be accessed at http://www.lexisnexis.com/hottopics/gacode/.


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Arrested for Shoplifting in Milton Municipal Court – Georgia

Being arrested for shoplifting can be a frightening experience. A theft charge on an arrest record and a related conviction can have devastating effects on an individual’s ability to seek or maintain employment and pass background screenings. Understanding that, certain courts in Georgia have diversion programs designed to allow first time offenders to have their case dismissed if they meet certain requirements (such as attending a class, performing community service and paying a program fee).

City of Milton Municipal Court

The City of Milton has a diversion program called a Hold & Clear program. If an individual has a clean record (no prior convictions), and has not taken advantage of a pre-trial diversion program in the past, with the assistance of an attorney the individual may be eligible for the Hold & Clear program. As part of the program, the individual will go before the judge and enter a plea of guilty; however, the judge will hold the guilty plea and provide a set of requirements (which will have been previously negotiated with the prosecutor) for the individual to complete. As long as they successfully complete the requirements, the case will be dismissed. If the individual does not successfully complete the requirements in the time provided, the guilty plea will be entered and the conviction will be reported to the state and posted to the individual’s criminal history.

Jamie Hernan, of the Hernan Law Firm, has been successfully representing individuals in the City of Milton Municipal Court since the court was formed at the inception of the city in 2006 and can help those facing charges in the court (whether or not it is for their first offense). For a free consultation about a charge of shoplifting in the City of Milton Municipal Court, or any other charge, call the Hernan Law Firm at (678) 275-4000.

More information about the law regarding shoplifting in Georgia

Georgia Code section 16-8-14 sets forth the elements of the offense of shoplifting and outlines certain requirements upon conviction. The offense of theft by shoplifting can be charged as a felony or misdemeanor depending on the amount that the individual is accused of stealing and the number of times they have been convicted of shoplifting. If the amount alleged to have been taken exceeds Five Hundred Dollars ($500.00), the case will proceed (at least initially) as a felony. Cases involving amounts less than Five Hundred Dollars ($500.00) will be treated as a misdemeanor. The fourth and subsequent convictions for shoplifting (whether or not the previous convictions were felonies or misdemeanors) will be treated as a felony.

The Georgia Code (Official Code of Georgia Annotated) can be accessed at http://www.lexisnexis.com/hottopics/gacode/.


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Arrested for Shoplifting in Alpharetta Municipal Court – Georgia

Being arrested for shoplifting can be a frightening experience.  A theft charge on an arrest record and a related conviction can have devastating effects on an individual’s ability to seek or maintain employment and pass background screenings.  Understanding that, certain courts in Georgia have diversion programs designed to allow first time offenders to have their case dismissed if they meet certain requirements (such as attending a class, performing community service and paying a program fee).

City of Alpharetta Municipal Court

The City of Alpharetta has a diversion program called a Hold & Clear program.  If an individual has a clean record (no prior convictions), and has not taken advantage of a pre-trial diversion program in the past, with the assistance of an attorney the individual may be eligible for the Hold & Clear program.  As part of the program, the individual will go before the judge and enter a plea of guilty; however, the judge will hold the guilty plea and provide a set of requirements (which will have been previously negotiated with the prosecutor) for the individual to complete.  As long as they successfully complete the requirements, the case will be dismissed.  If the individual does not successfully complete the requirements in the time provided, the guilty plea will be entered and the conviction will be reported to the state and posted to the individual’s criminal history.

Jamie Hernan, of the Hernan Law Firm, has been successfully representing individuals in the City of Alpharetta Municipal Court for over a decade and can help those facing charges in the court (whether or not it is for their first offense).  For a free consultation about a charge of shoplifting in the City of Alpharetta Municipal Court, or any other charge, call the Hernan Law Firm at (678) 275-4000.

More information about the law regarding shoplifting in Georgia

Georgia Code section 16-8-14 sets forth the elements of the offense of shoplifting and outlines certain requirements upon conviction.  The offense of theft by shoplifting can be charged as a felony or misdemeanor depending on the amount that the individual is accused of stealing and the number of times they have been convicted of shoplifting.  If the amount alleged to have been taken exceeds Five Hundred Dollars ($500.00), the case will proceed (at least initially) as a felony.  Cases involving amounts less than Five Hundred Dollars ($500.00) will be treated as a misdemeanor.  The fourth and subsequent convictions for shoplifting (whether or not the previous convictions were felonies or misdemeanors) will be treated as a felony.

The Georgia Code (Official Code of Georgia Annotated) can be accessed without charge by clicking here.


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Injured in a Car Accident in Roswell, Alpharetta or Milton

Were you or a loved one injured in an automobile accident in Roswell, Alpharetta, or Milton or the surrounding areas?  Immediately following an accident, it can be difficult to focus and determine what to do next.

Additional Resources available from the Hernan Law Firm for victims of auto accidents (coming soon):

  • What to do at the scene of the accident?
  • To Go or Not To Go (Treatment at the Emergency Room Following an Accident)
  • Information to Gather from the At Fault Driver
  • Demonstrative Evidence (Pictures, videos and more)
  • Don’t Forget the Witnesses
  • Gaps in Medical Treatment
  • Obtaining Copies of Medical Records

For loved ones, sometimes it can involve a frantic search to locate the hospital or other medical facility where a family member or friend was taken.  The following list includes some of the area hospital where individuals may be taken following an accident in Roswell, an accident in Alpharetta or an accident in Milton or the surrounding areas.  Note that Grady Memorial Hospital is the closest Level I trauma center and North Fulton Hospital is rated as a Level II trauma center (as is Children’s Healthcare in the pediatric field).  Click here for more information on trauma center designations.

Hospitals Serving Accident Victims in Roswell, Alpharetta and Milton

North Fulton Hospital
3000 Hospital Boulevard
Roswell, Georgia 30075
Level II Trauma Center
Telephone: (770) 751-2500
Emergency Room: (770) 751-2555
 
Northside Hospital – Atlanta
1000 Johnson Ferry Road NE
Atlanta, GA 30342
Telephone: (404) 851-8000
 
St. Joseph’s Hospital
5665 Peachtree Dunwoody Road, NE
Atlanta, Georgia 30342
Telephone: (678) 843-7001
Maps and Directions
 
Grady Memorial Hospital
80 Jesse Hill Jr Dr SE
Atlanta, Georgia 30303
Telephone: (404) 616-1000
Level I Trauma Center – (More on Level I Trauma Centers)
 
PEDIATRIC
 
Children’s Healthcare of Atlanta – Scottish Rite
1001 Johnson Ferry Road NE
Atlanta, GA 30342-1605
Telephone: (404) 785-5252
 

The following list includes some of the area chiropractors.  For more information on chiropractic care, please click here.

Chiropractors in Roswell, Alpharetta and Milton

Sweet Apple Health Group
11040 Crabapple Road, Suite B
Roswell, Georgia 30075
Telephone: (770) 645-9595
 
Absolute Chiropractic & Wellness
45 W Crossville Rd #503
Roswell, GA 30075
Telephone: (770) 587-2616
 
The following list includes some of the area orthopaedic doctors.

Orthopaedic Facilities in Roswell, Alpharetta and Milton

Resurgens Orthopaedics
1285 Hembree Road, Suite 200-A
Roswell, GA 30076
Telephone: (770) 475-2710
 
 
* Note: The information contained in this post is provided as a public service and neither constitutes legal advice nor an endorsement of or by any of the providers listed on this page.

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Approvals come through for Deferred Action petitions

USCIS has finally begun to issue approvals of the deferred action petitions filed beginning in August 2012, including for many clients of the Hernan Law Firm.  Early applicants have been receiving approval notices over the last month or two, as well as their employment authorization cards.

For more information about the deferred action for childhood arrivals process, please call the Hernan Law Firm today at (678) 275-4000 for a free, no obligation consultation.  Also, feel free to use the Make an Appointment link above to set up a consultation with attorney Jamie Hernan.  Also, visit www.hernanfirm.com/immigration or http://www.deferredactionplan.com/.


To set up a free consultation, call (678) 275-4000 or click this button.