Frequently Asked Questions
What happens at a DUI administrative license suspension hearing?
An ALS hearing determines whether your driver's license will be suspended following a DUI arrest. It's separate from your criminal case and must be requested within 30 days of arrest. At The Cook Law Firm, we represent clients at these hearings to challenge the suspension and protect driving privileges in Atlanta.Can a felony charge in Georgia be reduced to a misdemeanor?
Yes, some felony charges can be reduced through plea negotiations or by demonstrating mitigating circumstances. The possibility depends on the specific charge, criminal history, and strength of the prosecution's evidence. Experienced defense representation is critical in negotiating charge reductions for serious offenses.What's the difference between simple assault and aggravated assault in Georgia?
Simple assault is a misdemeanor involving attempted violence or threatening behavior without serious injury. Aggravated assault is a felony involving the intent to murder, rape, rob, or using a deadly weapon. The distinction dramatically affects potential penalties, with felonies carrying years in prison.How does a probation violation case work in Georgia?
When you're accused of violating probation terms, a judge holds a hearing to determine if the violation occurred. The prosecution's burden of proof is lower than in criminal trials. At The Cook Law Firm, we defend against violation allegations and work to avoid probation revocation and potential jail time.What are the consequences of a sex crime conviction beyond prison time?
Sex crime convictions often require lifetime registration on the Georgia Sex Offender Registry, restricting where you can live and work. Other consequences include employment barriers, housing limitations, and community notification requirements. Aggressive defense focuses on avoiding conviction and registration whenever possible.Can you get arrested for shoplifting even if you return the item?
Yes, returning merchandise doesn't prevent shoplifting charges in Georgia. Prosecution depends on intent and whether store security or police were already involved. For misdemeanor shoplifting cases in Atlanta, experienced defense can often negotiate reduced charges or diversion programs for first-time offenders.What makes a traffic offense serious enough to need a lawyer?
Reckless driving, hit and run, and driving with a suspended license are criminal offenses, not just traffic tickets. These charges carry potential jail time, significant fines, and long-term license consequences. Unlike minor violations, serious traffic crimes require criminal defense representation to protect your record.How does the criminal appeals process differ from the original trial?
Appeals focus on legal errors made during trial, not re-arguing facts or presenting new evidence. Appellate courts review the trial record to determine if mistakes affected the verdict or sentence. The Cook Law Firm handles appeals for clients seeking to overturn convictions or reduce sentences through this process.What's the biggest mistake people make after a DUI arrest in Georgia?
Failing to request an ALS hearing within 30 days results in automatic license suspension. Many people also give statements to police without legal counsel, harming their defense. Contacting experienced DUI defense immediately protects your rights and preserves critical defense opportunities.Do white-collar crime investigations happen before charges are filed?
Yes, fraud, embezzlement, and racketeering cases often involve lengthy investigations before formal charges. Law enforcement may conduct surveillance, subpoena records, and interview witnesses before arrest. Strategic defense during the investigation phase can sometimes prevent charges or position the case favorably.


