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Does the notice of appeal serve as supersedeas bond in DUI cases? I am on bail, "where the defendant is admitted to bail."
I am understanding the Georgia requirement for bond on appeal. I plan to call the Georgia Public Defenders Council on tomorrow for assistance with my appeal. I am indigent. O.C.G.A. 5-6-45 (2010) 5-6-45. Operation of notice of appeal as supersedeas in criminal cases; bond; review (a) In all criminal cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas in all cases where a sentence of death has been imposed or where the defendant is admitted to bail. If the sentence is bailable, the defendant may give bond in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's personal appearance to abide the final judgment or sentence of the court. If the judgment or sentence is or includes a fine which is unconditionally required to be paid, and is not required to be paid over a period of probation, nor as a condition of a suspended or probated sentence, nor as an alternative sentence, the bond may also be conditioned upon payment of the fine at the time the defendant appears to abide the final judgment or sentence
The short answer is "no." O.C.G.A. sec says: "The granting of an appeal bond to a person who has been convicted of...
Is the State Court DUI conviction appealed to the court of appeals or to the superior court? Do I need a supersedeas bond?
I am appealing a DUI conviction that occurred in the State Court of Georgia.
It likely would be appealed to Superior. And yes to the supersedeas bond.
How do you obtain a trial court transcript if you are in Georgia and if you are indigent?
Jackie Patterson, a defense attorney in Georgia, has made a motion to require the court reporter to provide a free digital copy of a criminal trial transcript. Patterson cited new rules of the Judicial Council of Georgia that affect transcripts ordered after Jan. 1, 2015. Patterson claims that the cost of transcripts “can effectively deny defendants the right to appeal.” Clayton County State Court Judge Morris Braswell will rule on the motion on April 22.
As you noted, in many situations, one does not. It will be interesting to see what happens as a result of the case.
What are the standard penalties for a first offense DUI of marijuana if someone has never been in trouble?
Son was charged with DUI of marijuana. He is 20 years old and never been in trouble before. He was stopped for not having his headlights on. We are trying to get a ballpark of what type of punishment to expect. Thank you
Use the "Find a Lawyer" feature here on Avvo to find a DUI defense attorney close to you in Georgia, and then arrange...
It is possible that this is just an error. As you still have a DUI, however, you should definitely meet with a DUI...
Driving without a license
Will I face jail time never had a license
There is a likely possibility. I recommend you hire an attorney to ensure that that does not happen.
I am on state probation and I got charged with a dui its my first time violating what could be the outcome
first time violating probation with a misdemeanor dui what is the outcome
In most states, the outcome for violating your terms of probation is possible jail time. Speak to a local GA DUI...