Criminal Law & DUI Defense

HIGH STAKES

Criminal charges are not a game. Often your liberty is at risk. There are serious consequences to almost any criminal conviction. Do not gamble with your case. Always hire an experienced and capable criminal defense attorney.

HPPS criminal defense and DUI lawyers Mark Post and Allen Jones have the skill and experience necessary to defend you in Columbus, Georgia, and in east Alabama whether you are charged with a complex federal or state crime, or a misdemeanor offense such as DUI.

Our clients expect us to provide accurate and sound legal advice so they can consider and take the best course of action. We do; so they do.

We use our legal knowledge, case management ability and trial skills along with a healthy dose of hard work to achieve the best outcome for our clients in Columbus, Georgia, and nearby cities and counties including Fort Benning; in Opelika and Phenix City, Alabama; and in federal courts throughout the United States.

FEDERAL CRIMINAL CASES

From Georgia to Texas & throughout the United States

Federal criminal defense is very different from state criminal defense.

The might of the United States government is against the accused. The government will have used as many experts and spent as much time as the investigator and prosecutor deem necessary to prepare your case for prosecution. Furthermore, the application of the federal sentencing guidelines frequently results in a more severe punishment than received in state courts for similar offenses.

The federal prosecutors faced by the accused are generally experienced, capable, and well prepared. In all but the most complex cases, the federal prosecutor will be ready to proceed as soon as you are arrested. The government will always have the early advantage because it knows the case.

Similarly, federal agents are frequently experienced and well trained. Depending on your case, the DEA, FBI, ATF, military CID, or another well-funded federal investigative agency will be your accuser. Often the investigation has been ongoing for months or even years before you are indicted or arrested.

The federal sentencing guidelines and many of the cases the United States government chooses to prosecute are complex. Since potential sentences are severe and since complex cases present challenges to even the best criminal defense lawyers, anyone charged with a federal crime should immediately retain a lawyer who has experience in federal criminal defense and who has experience trying cases before juries.

If you need a federal criminal defense attorney with decades of experience trying criminal cases, contact our Columbus, Georgia based law firm and discuss your case with Mark Post in complete confidence. We have a deep commitment to pursuing justice for people who need help. We look forward to helping you defend your federal criminal case.

STATE CRIMINAL CASES

Defending criminal cases in Columbus, Fort Benning, Hamilton, & LaGrange, Georgia, to Butler, Buena Vista, Cusseta, Cuthbert, and Talbotton, Georgia, and in Phenix City and Opelika, Alabama

Georgia crimes are prosecuted in both superior and state courts in some counties in the state. If a county lacks a state court to handle misdemeanors, the superior court handles misdemeanor and felony cases. However, many traffic offenses including DUIs are prosecuted in municipal (city), probate (county), and recorder’s (city) courts. (See DUI below.) And municipal courts and/or recorder’s courts generally have jurisdiction over ordinance violations.

State prosecutors are not tightly controlled by a large bureaucratic structure like the United States Justice Department so they have substantial discretion with regard to the charges they choose to bring and the sentences they choose to seek. Given that Georgia has 159 counties and many more cities, there is a wide range of prosecutorial practice which includes the sentence recommendations made to Georgia state courts. (All Superior, State, Municipal, and Probate courts are Georgia “state” courts.)

Similarly, in Alabama, criminal matters are prosecuted through the court system. Depending on the nature of the offense you could be litigating your case in circuit, district, or municipal court. Navigating the criminal litigation process in the state of Alabama should not be taken lightly. Your freedom is at stake and you should actively seek to protect your rights.

Whether you face a misdemeanor such as battery, illegal possession, and driving with a suspended license or a felony such as aggravated assault, felony possession or sale of controlled substances, or a sex crime accusation, it is important to immediately hire a skilled criminal defense lawyer. Otherwise, you may lose your career, professional licenses, or the right to vote and bear firearms; become a convicted felon; or turn into a guest of a jail or state prison.

Not every case requires a trial. Due to thorough preparation, we frequently resolve cases with a dismissal or a favorable resolution before trial. We always advocate for our client, honestly and forthrightly.

If you need an experienced and skilled criminal defense lawyer in Columbus, Georgia, or for federal court in any state, contact our office to discuss your case with criminal defense attorney Mark Post. If you need a good attorney in East Alabama, call our office and ask for criminal defense lawyer Allen Jones.

DUI

Columbus and Fort Benning, Georgia & Phenix City & Opelika, Alabama

Georgia

Georgia DUI law can be complex so it is wise to hire a skilled DUI attorney familiar with Columbus, Georgia, Fort Benning, and the other courts in our area. Columbus, Georgia, based DUI attorney Mark Post has years of experience handling DUI cases and he can help you achieve the best result in your case.

In Georgia, one may be charged with DUI less safe or DUI greater than .08 if one is under the influence of alcohol. The former is based on being under the influence of alcohol to the extent you are a less safe driver. The latter is based upon a blood alcohol concentration (BAC) greater than .08 g/dL which by definition (per se) causes you to be legally considered DUI. Although you may be charged with both types of DUI, you may only be convicted for one DUI. Additionally, you may be charged with DUI based on using some illegal drug or a prescribed medication either alone or with alcohol.

A first DUI conviction carries a maximum sentence of 12 months in jail and a $1000.00 fine. Minimum sentences for a first DUI require 12 months of probation minus any jail time; 24 hours in jail; a $300.00 fine; 40 hours community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program (commonly called “DUI school”) within 120 days following conviction; and a “clinical evaluation” as defined by law. One may be required to complete substance abuse treatment if the clinical evaluation recommends such treatment.

In addition, someone charged with DUI generally faces an administrative driver’s license suspension in addition to the criminal DUI case. If you have been arrested for DUI, DO NOT DELAY seeing an attorney, because you have only ten days from your arrest to file an appeal of the suspension of your driver’s license with DDS. Otherwise, your license will be suspended.

Of course, potential and minimum penalties become more severe when one is arrested for another DUI or if someone is injured by a DUI driver.

Alabama

As it is in Georgia, a DUI offense in the state of Alabama is a serious matter with far reaching repercussions. The law in this subject matter is complicated. For instance, you do not have to have a blood alcohol content of .08 or greater to be charged with a DUI and a DUI is not isolated to driving after the consumption of alcoholic beverages. In fact, you can be charged with a DUI for driving impaired from drugs such as marijuana and cocaine or prescription medication lawfully prescribed by your physician.

In Alabama, the penalties for a DUI are severe and can result in imprisonment, extensive fines, mandatory DUI programs, continued drug and alcohol screenings, driver license suspensions, probation, community service, and mandatory driving limitations such as the installment of an ignition interlock device in your car or truck at your expense.

Even first offenders face harsh penalties. While the first offense is a misdemeanor, the law provides for a judge to order imprisonment in the county or municipal jail up to a year, a fine of not less than $600.00 and up to $2,100.00 plus court costs, or both imprisonment and fines. In addition, you will have your driver license suspended for 90 days and be required to attend a DUI program. If you are a commercially licensed driver, under the age for legal consumption, refuse to provide a blood alcohol concentration sample via the state’s devices, cause an injury or have a passenger under the age of 14 the penalties are more severe.

Since the law associated with DUI is complex and often confusing, call DUI Attorney Allen Jones to provide the care, knowledge and attention necessary to achieve your goals in Alabama.

 

Call HHPS

Criminal Defense Attorneys Mark Post and Allen Jones will provide the care, knowledge and attention necessary to protect you and to achieve a desirable resolution. Please call us at 706-323-2761 so we can help!

Lawyer Mark Post | Top Attorney Criminal Defense