In a criminal action, criminal courts and civil courts are completely different beasts, just because you have a determination from a probate judge that this person is incapacitated doesn’t mean that if they commit a crime that they won’t be punished for their crime, however, I’ve been talking with the Gwinnett police department, the Gwinnett sheriff’s office and they all agree that if there is a guardianship already established, chances are in the pre-trial period things would be resolved. What people don’t realize is that you don’t get that free court appointed attorney until after you’ve been accused and you are set for trial, that’s when you get the court appointed attorney, there is a whole lot that happens before that. In fact, I’m going to work with a friend of mine, he is a criminal defense attorney and we are going to put together a series of videos with some of those criminal legal issues that you need to be aware of. One thing that I want to emphasize is that the right to remain silent is a very important right that your child needs to learn. They need to be able to state their name and tell the officer that they have a special need and then ask for mom and dad and ask for an attorney. At that point questioning should all stop, but it won’t, they will still talk and still ask. Your kids need to learn that the right to remain silent is a right they need to exercise. As my friend told me no one has been able to talk their way out of being arrested. That only happens on TV, that never happens in real life. Everybody needs to carry around a copy of that letter. The officers I talked to agreed that if they know that there is a guardianship established they will attempt to contact the guardian and get the guardian involved. If they don’t know, they are going to treat this person like anybody else.
Nadler Biernath LLC assists clients in the Atlanta, Georgia area and throughout Georgia including Kennesaw, Alpharetta, Roswell, Marietta, Buckhead, Johns Creek, Duluth, East Cobb and Dunwoody.