Never thought you would be one of those people you see on TV with handcuffs headed to the county jail? How did this happen? What do I do? What does this mean for my future?
Yes, it does happen! You are not alone. Not every arrest is just and not every accused is guilty. Our judicial system was designed to provide a protection against persecution for a crime you didn’t commit. These standards were set by our forefathers and are constantly changing to adapt to the ever changing environment in which we live.
For over two decades, Tom Rowsey has represented individuals in the Atlanta area with a wide variety of criminal defense matters, with vast experience in the courtroom. Tom is a premier litigator in the Georgia State, Superior, and Federal Court.
- Mortgage Fraud
- Juvenile Court
- Social Media Law
- DUI Defense
- Felony, Superior Court
- Misdemeanor, State Court
- Domestic Violence
- Vehicular Homicide
- White-Collar Offenses
CRIMINAL DEFENSE FREQUENTLY ASKED QUESTIONS
Q: The arresting officer did not read me my rights, does that mean anything?A: Yes, it means something. However, it probably doesn’t mean what you might hope. What you see on television and in the movies whenever someone is arrested the police always read the Defendant their Miranda rights, beginning with “You have the Right to remain silent…”
The purpose of the Miranda rights is to make Defendants, who are already in custody, aware of their constitutional protections. Any evidence the police obtain from a Defendant after being taken into “custody” or otherwise arrested, may not be used unless the Defendant has been made fully aware of his or her rights. The statutory exception that permits the State to use the results of a breath test or blood test pursuant after arresting someone for DUI is O.C.G.A § 40-5-67.1, assuming the advisement is timely and properly given regarding driving privileges and the right to an independent test of your own choosing.
So, certain evidence in your case may not be used by the State against you if it was obtained in violation of your constitutional rights, but determining when you were placed in custody and what evidence may be used against you is determined on a case by case basis.
Thomas C. Rowsey, P.C., Trial Attorney – representing those in the Alpharetta, Johns Creek Sandy Springs, Milton, Marietta, Roswell, and surrounding north side areas of Atlanta in Personal Injury, Divorce and Criminal Defense.