Katherine A. Gonos, Attorney at LawKatherine A. Gonos, Attorney at Law2026-09-28T09:40:18Zhttps://www.gonoslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204339/2022/07/cropped-KAG-favicon-1-1-32x32.jpgOn Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What happens at a first appearance hearing in Georgia?]]>https://www.gonoslaw.com/?p=504332026-09-28T09:40:18Z2026-09-28T09:40:18ZWhy the court holds it
A first appearance gives an arrested person an early opportunity to appear before a judicial officer. In Georgia, the Lowndes County Magistrate Court handles first appearances and bond hearings.
The hearing may address custody and the next steps in the case, depending on the specific charge and underlying circumstances.
A first appearance is not a trial or a finding of guilt. A separate preliminary or commitment hearing may address whether probable cause supports moving forward with the charges.
What the judge may decide
The court may address bond and release conditions. Depending on the offense, the person may be released with conditions or remain in custody.
Factors that may affect release include:
Prior court history and missed court dates
Ties to the area, such as work or family
The nature of the alleged offense
Public safety concerns
Possible travel or contact restrictions
Anyone released on bond must understand and follow the court's conditions.
What to bring and avoid
Requirements may vary based on the arrest and court procedures, but bringing identification along with any available booking or bond paperwork can be useful.
Avoid discussing the case with others in public areas of the courthouse or jail, as statements about the allegations could create legal risks.
Families should check official court records or contact legal counsel for accurate hearing information.
Steps after the hearing
A first appearance is only one stage of a Georgia criminal case, and the case may proceed to additional hearings, arraignment, trial or another resolution.
Bond conditions may remain in place while the case continues. A criminal defense lawyer can explain the conditions, clarify the next steps and help protect the accused person's legal rights.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What to know about the Georgia Family Violence Act]]>https://www.gonoslaw.com/?p=504302026-09-23T10:49:53Z2026-09-23T10:49:53ZThe law focuses on relationship status as well as conduct
The Act does not apply to every conflict between two people. It applies when the people involved fall within protected family or household categories and one person alleges conduct that the statute recognizes as family violence.
Covered relationships may include:
A court can act quickly after one qualifying incident
A single qualifying incident may support a request for a temporary protective order. A judge can issue that order before the other side appears in court.
That early order may limit contact, control access to a home and address temporary issues involving children. The case then moves to a later hearing where both sides can present evidence.
The hearing can affect more than the order itself
The later hearing can shape much more than whether the protective order stays in place. Records of calls or messages, photographs and witness statements may all affect the result.
A family violence finding may also affect criminal charges, custody issues, job records and future court proceedings. People dealing with related violent crime allegations may need to look closely at how those issues overlap before the case moves forward. An attorney can review the allegations, the relationship between the parties and the available records to assess how the Act may apply.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Can illegally seized evidence be suppressed in a Georgia drug case?]]>https://www.gonoslaw.com/?p=504282026-09-04T11:17:18Z2026-09-04T11:17:18ZThe legality of the stop or search can shape the defense
A drug case does not always depend only on what police found. It may also depend on how officers made the stop, how long they detained the driver and whether they had legal grounds to search the vehicle or person. A controlled substance allegation can still raise Fourth Amendment issues, whether officers found the substance during a traffic stop, a pedestrian stop or another police encounter.
Police conduct can create grounds for suppression
A court may suppress evidence when officers lacked a valid reason for the stop, searched without legal authority or extended the detention without proper grounds. The exact issue depends on what happened before the arrest and how the search unfolded. Relevant problems may include:
A stop made without reasonable suspicion
A search conducted without consent, a warrant or a recognized exception
A canine sniff that extended the stop beyond what the traffic issue required
A detention that lasted longer than necessary
A statement taken after an unlawful stop or arrest
Establishing these grounds may require close review of body camera footage, dashcam video, officer reports and testimony about what happened before and during the stop.
A motion to suppress can change the direction of the case
Filing a motion to suppress may affect more than whether one piece of evidence comes in at trial. It can shift plea negotiations, weaken the prosecution’s position or prompt the state to reconsider the charges. Drug charge defenses require close attention to the stop sequence, the search and the prosecution’s theory of the case. A criminal defense lawyer can review those details and identify whether the officers’ conduct created grounds to challenge what they found.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What happens if you refuse to answer questions from the police?]]>https://www.gonoslaw.com/?p=504192026-08-22T20:39:31Z2026-08-22T20:39:31ZCasual street encounters
If an officer approaches you without detaining you, the encounter may be voluntary:
Your rights: You generally do not have to answer questions
Next step: Ask, ‘Am I free to go?’ If the officer says yes, you may leave
Knowing these boundaries helps you maintain control while ensuring you act respectfully during any unexpected interaction.
Police detention or arrest
If officers have the legal basis to stop or arrest you, the encounter is no longer voluntary:
Invoking your rights: State that you are exercising your right to remain silent and want an attorney.
Legal protections: Your silence may be protected, especially after you invoke your rights.
Invoking your right to remain silent can be an important step during a law enforcement encounter in Georgia.
Traffic stops
During a traffic stop, driving involves specific legal duties, such as providing your driver’s license, proof of insurance, and vehicle registration upon request. While you can decline to answer certain questions and may refuse voluntary field sobriety tests, it is important to note that refusing a chemical test can lead to separate legal consequences. Throughout the interaction, you should always remain polite and calm when expressing your decision to decline answering questions.
Protecting your rights
While you must obey physical commands and hand over required driver documents during traffic stops, you generally do not have to answer incriminating questions. Staying calm, clear and polite while invoking your rights, and avoiding lying or physical resistance can help protect both your personal safety and your legal defense.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Can you go to jail for a first-time DUI offense?]]>https://www.gonoslaw.com/?p=504172026-07-30T13:49:15Z2026-08-02T04:00:39ZA first conviction carries several penalties
You may spend time in jail if the court finds you guilty of a first DUI offense. In Georgia, the law generally authorizes 10 days to 12 months of incarceration for a first conviction. However, the judge may suspend, stay or probate that term, subject to the mandatory 24-hour requirement in qualifying cases. Post-arrest custody often satisfies that period. The court also frequently suspends or probates most of the remaining term.
Confinement is only one consequence the court may impose. Other penalties and requirements include:
A fine: The amount ranges from $300 to $1,000. Mandatory surcharges generally increase the total.
Probation: The judge generally orders 12 months, reduced by the days you spend in jail.
Community service: You must complete at least 40 hours. A 20-hour minimum may apply to a driver under age 21 whose BAC was below 0.08%.
DUI school: You must finish an approved alcohol or drug use risk reduction program.
An evaluation: The sentence generally includes a clinical evaluation, although the judge may waive it. You must complete treatment if the assessment recommends that care.
A conviction can also affect your driving privileges. For a driver age 21 or older, the Department of Driver Services (DDS) generally imposes a 12-month suspension for a first DUI within five years. You may apply for reinstatement after 120 days if you complete an approved program and meet the remaining conditions.
The outcome often depends on the evidence
A DUI arrest often begins a legal proceeding, not a final determination of guilt. Prosecutors must still establish every statutory element of the offense. The defense may challenge the traffic stop, testing procedures or other evidence.
Since these evidentiary disputes can affect the charge, legal guidance is important before entering a plea. An attorney may explain court obligations, assess the prosecution’s case and identify defenses supported by the facts.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What if someone is wrongfully accused of theft in Georgia?]]>https://www.gonoslaw.com/?p=504142026-07-28T15:48:38Z2026-07-28T15:48:38ZHow Georgia law defines theft
Under Georgia law, theft involves taking or using another individual’s property without permission, with the intent to permanently keep it from the owner. Charges and penalties are decided based on the value of the stolen items.
Property worth $1,500 or less typically leads to a misdemeanor, while higher values elevate the offense to a felony, punishable by one to five years in prison if the property is worth $1,500 to $5,000, one to 10 years if it is worth $5,000 to $25,000 and two to 20 years if it is worth $25,000 or more.
Immediate steps to take when facing theft charges
An accused person should act quickly and thoughtfully. To protect their rights, they must:
Avoid speaking with the police before legal counsel arrives.
Save all evidence, such as receipts, messages or witness details.
Refrain from contacting the accuser directly.
Write down a timeline of events while the memory is still fresh.
These steps can protect the individual from accidental self-incrimination and help build a stronger defense.
Defenses commonly raised
Closely examining the facts, intent and evidence can often help defeat these accusations. A lack of intent to permanently keep another person's belongings often weakens the prosecution's case.
Mistaken identity is also common in cases built on surveillance video or eyewitness accounts. Disputes over rightful ownership, or an honest belief that the property belonged to the accused, may also remove the intent the law requires.
Why legal counsel matters
A wrongful theft accusation often demands prompt action from a defense attorney, including a careful review of the evidence, spotting procedural errors and negotiating with prosecutors when needed. By taking these steps, counsel helps ensure the court decides the case on facts rather than allegations alone. When the prosecution’s case is weak, early intervention can also help prevent lasting damage to an individual's personal and professional reputation.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[3 reasons you need representation for violent crime charges]]>https://www.gonoslaw.com/?p=504112026-07-11T13:18:55Z2026-07-11T13:18:55Z1. The story may be bigger than the charge
A police report may not show everything that happened. It may leave out mistaken identity or missing context. Legal representation helps bring the full story forward. This may include:
Reviewing witness statements
Checking video footage
Studying police conduct
Finding gaps in the case
Even a small detail may affect how the allegations are interpreted and whether the prosecution can prove its case.
Failing to follow even one requirement may result in additional charges or the revocation of release conditions. Personalized legal guidance can help to explain these obligations and help prevent actions that could weaken one’s defense.
3. A conviction may have long-term consequences
A violent crime conviction can impact:
Housing
Employment
Firearm rights
Custody matters
Immigration status
Professional licenses
Effective representation can contextualize the current charges and the broader potential consequences of a conviction.
Violent crime allegations require careful preparation and a clear understanding of the legal process. Early guidance from a qualified legal practitioner can help preserve important rights and make sure that all relevant facts receive proper consideration.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What does it mean to mount an affirmative defense?]]>https://www.gonoslaw.com/?p=504102026-06-30T00:40:10Z2026-06-30T00:40:10ZHow affirmative defense works
In a traditional defense strategy, a defense attorney tries to raise questions about what happened or to show that there's a possibility that another person committed the crime. In an affirmative defense scenario, a defense attorney concedes that certain actions occurred, but they challenge the idea that they are illegal.
Affirmative defenses essentially aim to show that actions were lawful due to unusual circumstances. A person accused of a violent crime might claim that they acted in self-defense. The law allows people to use physical force to protect themselves, their property and other people, and proving that they acted in self-defense can result in an acquittal.
There are other circumstances, such as law enforcement entrapment, acting due to duress and a lack of mental capacity, that could also provide the basis for an affirmative defense. Defendants and their lawyers often select an affirmative defense when the prosecution has a strong case, but there is a reasonable, legal explanation for a person's behavior.
Reviewing the state's evidence with a criminal defense attorney can help people choose the best possible strategy. Affirmative defenses are one of several options available to criminal defendants who want to avoid convictions.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What to expect during drug court in Lowndes County]]>https://www.gonoslaw.com/?p=504092026-06-20T00:15:58Z2026-06-20T00:15:58ZThe system relies on intensive supervision
Drug court requires active participation by the defendant. They may need to attend one-on-one counseling sessions, group therapy and even sobriety meetings. They also typically need to routinely attend Accountability Court hearings overseen by the same judge.
They must submit to drug and alcohol testing, often as frequently as two or more times each week. Beyond that, they must also avoid any additional criminal charges while they are still actively participating in the drug court process.
Typically, drug court oversight lasts between 18 months and two years, although some cases may require more extensive intervention than others. Defendants may need assistance understanding the obligations imposed on them by the drug courts and avoiding mistakes that could make them ineligible.
For those who are eligible for drug court proceedings, supervision from the Accountability Courts can be a valuable alternative to traditional criminal prosecution. Getting experienced legal guidance with pending drug charges and the substance abuse issues that led to an arrest can help defendants determine if drug court might help them improve their situation and limit the drug-related criminal penalties they face.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Could you get a DUI for sleeping in your car?]]>https://www.gonoslaw.com/?p=504072026-06-06T12:35:54Z2026-06-06T12:35:54Zactual physical control" of a vehicle while impaired to be guilty of an offense. Notably, this does not mean that you necessarily have to be moving at the time that you are stopped by the police.
For example, say that you have a few drinks while you are at a friend's house, and then you walk out to your car to go home. When you get there, you decide that you are too impaired to drive, so you simply try to sleep it off in the driver's seat. If a police officer came and knocked on the window, they could still charge you with impaired driving, even though the car was not moving at the time.
Why is the law set up this way?
The law seeks to prevent people from having the potential to drive their vehicle under the influence. A person who is sitting in the driver's seat with the keys in their pocket does have that potential, even if they have not exercised it yet.
This structure also aims to “get around” situations where people claim they were just sleeping and had no intention to drive, even if that is not the case. For instance, someone could be driving under the influence when they pull over to the side of the road and pass out. When the officer wakes them up, they claim they were just trying to take a nap, even though the reality is that they passed out from alcohol intoxication.
If you are impaired, the best thing you can do is stay out of a vehicle to avoid even the appearance that you are going to drive under the influence. Should you find yourself facing charges despite your best efforts, however, it is critical that you understand what legal defense options you have available to you. Seeking legal guidance can help.]]>