1. What if I (or someone in my family) cannot afford a
lawyer? |
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The answer to this question depends on whether the case is
criminal or civil.
CRIMINAL cases: If the case is a criminal case (where
someone is charged with a violation of the law or a violation
of probation), the person charged must complete an application
for appointment of a lawyer. This form is available in every
county of the circuit, and the form should be completed in its
entirety. Many times people leave out vital information about
their financial resources, a fact which results in a delay in
the appointment of a lawyer even though the person may be qualified
to have a lawyer appointed.
The Public Defender's Office,
Clerk of Superior Court, and the Sheriff’s Office in each
county have the application forms for lawyers for indigent
persons charged with crimes. If you have any further questions,
contact the Public Defender's
Office at 229-387-6488.
CIVIL cases: If the case is a civil case (cases other
than criminal such as divorce, temporary protective orders,
lawsuits about car wrecks, collection of debt, collection
of child support, etc.), there is no provision for the appointment
of lawyers for indigent persons. It is often said in these
cases: “I cannot afford a lawyer.” The truth is that a person
cannot afford to come to court without a lawyer! The judge
cannot tell a citizen how to prepare for a case or how to
conduct the hearing or trial since the judge cannot “take
sides” in the case. The judges strongly urge all persons in
civil cases to hire a lawyer to protect their rights and because
it will almost always be cheaper in the long run to pay the
lawyer rather than to represent oneself.
For some types of cases, Georgia Legal Services will
represent a party in a civil case. For information on
Georgia Legal Services, please telephone:
Irwin and Tift (Serviced out of Valdosta): (229)
333-5232 or
(800) 546-5232
Turner and Worth (Serviced out of Albany): (229)
430-4261
You might also want to visit the website at
www.legalaid-ga.org
and
www.georgiaadvocates.org for information on how to
determine if you qualify for a lawyer at public expense in
civil cases.
2. How do I get someone out of jail? |
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The first step is to make sure a bond is set. Generally, the
Magistrate for the county in which the crime is committed
sets the bond. However, if the person has a previous record
or the case is one for which only a Superior Court judge can
set bond, the following steps are the only way to get a bond
set.
A lawyer must be obtained for the person accused. If the
accused cannot afford a lawyer, then one will be appointed
for him or her (see answer to question # 1 above). If the
accused does not qualify for an appointed lawyer, then he or
she should hire a lawyer. Since the accused is in jail, a
family member or friend may need to visit him or her there
and obtain instructions about which lawyer the accused wants
to hire.
The lawyer, whether hired or appointed, then should contact
the District Attorney about agreeing to a bond. Generally,
if the defendant’s lawyer and the District Attorney agree to
a bond, the judge will approve the bond agreed upon.
The District Attorney represents the alleged victim and
society in all criminal matters (including bond), and the
defendant’s lawyer represents the defendant. The judge
cannot and will not speak to either side (either the
District Attorney or the defense attorney nor anyone else
expressing interest in the case) without the other being
present and presenting his or her side of the case.
If the parties do not agree on bond, the defendant’s lawyer
must file a motion to set bond, and the judges will schedule
a hearing within ten (10) days of the filing of the motion
for bond. It is at this hearing that persons interested in
helping a person get bond or keeping a person from getting
bond can be heard by the judge, in open court and in the
presence of the other side to the matters.
If the judge sets a bond, a bondsperson must be
obtained (this may be a commercial bondsperson who charges a
fee for such service or it may be a friend or family member
who is willing to put up money or property to post the bond).
The sufficiency of the bond is a matter that the Sheriff,
not the judge, decides.
If the judge does not set bond after a hearing, this
decision can be appealed to the Court of Appeals of Georgia.
You may contact the District Attorney directly about the
possibility of bond if you want to, but the judges cannot
and will not talk to you directly about bond. The District
Attorney’s office phone numbers are as follows:
Tifton: 229-386-7900
Worth County: 229-776-8214
3. Questions about child support. |
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People often try to get to the judge to ask questions such
as the following: “How do I get my child support lowered?”
“How do I get my child support raised?” “How do I get the
child support recovery unit off my back?”
If you are supposed to be receiving child support and want
it collected or increased, you have two options: (1) Hire an
attorney to represent you; or (2) contact the child support
recovery unit at one of the offices set forth below. (NOTE:
An attorney in private practice has more options available
in modifying child support than does the child support
recovery unit.)
If you are supposed to be paying child support and want it
lowered, you have two options: (1) Hire an attorney to
represent you in a modification action; or (2) contact the
child support recovery unit at one of the offices set forth
below. (NOTE: An attorney in private practice has more
options available in modifying child support than does the
child support recovery unit.)
The bottom line is this: if you are notified to come to
court for a child support matter, the BEST thing to do is
hire a lawyer to represent you! It is often said in these
cases: “I cannot afford a lawyer.” The truth is that a
person cannot afford to come to court without a lawyer! The
judge cannot tell a citizen how to prepare for a case or how
to conduct the hearing or trial since the judge cannot “take
sides” in the case. The judges strongly urge all persons in
child support cases to hire a lawyer to protect their rights
and because it almost always will be cheaper in the long run
to pay the lawyer rather than to represent oneself.
Tift County Office: 229-387-8557
Worth County Office: 229-776-0020
4. How can I keep someone away from me who is harassing
me or threatening me or abusing me?|
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Your best option would be to consult a lawyer as to your
rights or to contact the local law enforcement agency
(police or sheriff's department).
You should also contact the Magistrate's Office in your
county if you want to swear out a warrant for the person.
If you desire, you may contact Ruth's Cottage to see if you
qualify to get a Family Violence Temporary Protection Order
or a Stalking Protective Order. If you do get such an
Order, you should also get a lawyer to represent you.
Ruth's Cottage Contact Numbers are listed below.
- Irwin - (229) 468-7766
- Tift - (229) 387-9664
- Turner - (229) 567-2125
- Worth - (229) 776-7500
5. How do I get information on probation?
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If you need information on probation it would be best if you call your local probation office.
- For Tift & Irwin: 229-386-3503
- For Turner & Worth: 229-777-2183
6. Whom can I call to get help for myself or someone else
who is addicted to drugs?
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There are several agencies and institutions that
offer help for drug addiction. The judges of the
Tifton Judicial Circuit believe that a long-term,
in-house treatment facility is the best opportunity for
successful treatment. Many of these are
"faith-based" and can be utilized with no or very
little
cost to the participant, although many are in need of
donations.
The following are a few suggestions and they may give you
other leads.
The Golden Rule (women only)
P.O. Box 243
Butler, Georgia 31006
Phone: (478) 862-5825 Fax: (478)
937-5754
Email:
goldenrule31058@yahoo.com
Web Address:
http://www.taylor.k12.ga.us/%7Egrule/golden_rule.htm
Teen Challenge (will take people older than teenagers, also)
Several locations and facilities:
Atlanta Headquarters - Administration Office
P.O. Box 17969
Atlanta, GA 30316
Phone: (678) 526-0433
Fax: (678) 526-9734
Email:
admin@teenchallengeatlanta.com
Web Address:
www.teenchallengeatlanta.com
Non-residential
Columbus Teen Challenge Center for Women
2021 Sixth Ave
Columbus, GA 31904
Phone: (706) 323-5822
Fax: (706) 320-0107
Email:
columbusw@tciseregion.com
Web Address:
www.teenchallenge.com
Female - Ages: 18+
Columbus Teen Challenge Center for Girls
P.O. Box 2405
Columbus, GA 31902
Phone: (334) 855-3695
Fax: (334) 855-1487
Email:
columbusg@atlantic.net
Web Address:
www.tciseregion.com
Female - Ages: 13-17
Middle Georgia Teen Challenge - Dublin
3729 Hwy 441 South
Dublin, GA 31021
Phone: (478) 984-5252
Fax: (478) 984-5415
Email:
dublin@tciseregion.com
Web Address:
www.teenchallengemidga.com
Male - Ages: 18+
Teen Challenge Men's Center - Lithonia
1753 Stephenson Rd
Lithonia, GA 30058
Phone: (678) 526-8640
Fax: (678) 526-9734
Email:
info@teenchallengeatlanta.com
Web Address:
www.teenchallengeatlanta.com
Male - Ages: 18+
Second Chances of Statesboro, Inc.
P.O. Box 2279
Statesboro, GA 30459
Phone: (912) 764-8184
Fax: (912) 764-7301
Email:
farrahs@frontiernet.net
Web Address:
www.secondchancesorg.org
Female - Ages: 18+
Althes Place, Incorporated
415 Walker Road
Brunswick, GA 31520
Office Phone: (912) 466-9788
House Phone: (912) 46-9994
Cell Phone: (912) 223-4275
Fax: (912) 466-9788
Facilities: 6 women & 8
men
Twelve Oaks - An
Adolescent & Adult Alcohol & Drug Treatment Center
(JCAHO Accredited)
2068 Healthcare Avenue
Navarre, Florida 32566
Phone: (850) 939-1200
Toll Free
: 1-800-622-1255
Fax: (850) 939-1257
Cell Phone:
(912) 682-0305
Email: info@crchealth.com
Web Address: www.twelveoaksrecovery.com
Programs: Adolescent Program & Adult Program
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