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Jamie B Hernan

Hernan Law Firm
  • Business Law, Criminal Law, DUI & DWI...
  • Georgia, North Carolina, Tennessee
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Summary

Jamie Hernan has spent his career representing thousands of individuals and companies, helping them face complex legal issues head on, offering solutions and providing results. His career has taken him from a large, internationally renowned firm to building from scratch with two partners a firm into a strong medium sized firm that is the dominant player in its niche market to where he is today as a solo practitioner, finally able to focus purely on the practice of law without all of the distractions that come from managing a larger firm. Jamie is able to focus on you, his client, and he works hard to develop long term relationships built on a strong foundation of trust. After all, that is what most clients want â the focused attention of their attorney. And, of course, they want accessibility. Clients of Jamie have his personal cell phone number and know they can reach him whenever they need him.

After obtaining degrees from the University of Georgia in 1995 and Auburn University in 1996, Jamie graduated from Duke Law School in 2000. He is licensed to practice law in Georgia, North Carolina and Tennessee.

Jamie believes strongly in the need to protect individual civil rights and the Constitution from legislative dilution, having advocated for years against unconstitutional local ordinances and state and federal legislation. He has served as the advocacy chair of the Atlanta chapter of AILA, a member of the legal committee of a major civil rights organization, board member to various grass roots organizations and as a member of the State Bar of Georgiaâs Access to Justice committee.

Example of Awards and Recognitions

- Received the Excellence in Legal Service Award from a national legal defense and education organization while at his former firm
- Awarded the Pro Bono Attorneys Award from a national civil rights organization while at his former firm
- Guest on local television and radio shows discussing legal topics
- Panel Participant in a legal forum in Los Angeles, California for the National Restaurant Association
- Nominated as a finalist for Person of the Year by a local newspaper in Metro Atlanta

Practice Areas
  • Business Law
  • Criminal Law
  • DUI & DWI
  • Immigration Law
  • Personal Injury
Additional Practice Areas
  • Car Accidents
  • General Civil
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Flat, hourly and contingent fees as appropriate in each case
Jurisdictions Admitted to Practice
Georgia
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North Carolina
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Tennessee
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Owner/Attorney
Hernan Law Firm
- Current
Partner
Hernan Taylor & Lee
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Attorney
King & Spalding
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Education
Duke University School of Law
J.D. | Law
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Duke University School of Law Logo
Auburn University
B.A. | Political Science (International Affairs)
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Auburn University Logo
University System of Georgia - University of Georgia
B.B.A. | International Business
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University System of Georgia - University of Georgia Logo
Websites & Blogs
Website
Website
Legal Answers
16 Questions Answered

Q. My husband just immigrated to the US. We were married over 2 years when he was approved. Rec a 2yr CR1 not 10yr?
A: You should contact an experienced immigration attorney who can assist you in the process, review all of the facts of your husband's case and advise you more specifically about what should have happened and what can be done for him. Many immigration attorneys like myself offer free consultations. Best of luck to you.
Q. Is having a fake check considered 1st degree forgery?
A: The Georgia Code section that describes the elements and penalties for forgery is 16-9-1. You can view the Georgia Code online at http://www.lexisnexis.com/hottopics/gacode/. However, please be aware that the law was recently changed by HB 1176 with an effective date of July 1, 2012. The new law allows for a charge of forgery in the third or fourth degree for fraudulent checks (depending on the amount of the check). Offenses committed before the changes went into effect are treated by the old version of the law (in effect at the time of the offense). You can get more information about HB 1176 on a blog posting on my website at http://hernanfirm.com/governor-neal-signs-major-criminal-justice-reform-.... There is a link to the new law in the blog posting. Check out Section 3-5 of the bill. It will show the modifications to the law and you can see how it was prior to July 1, 2012. I would recommend speaking with a criminal defense attorney to discuss your case in more specific detail.
Q. What is police procedure/protocal to investigate a fatal automobile accident?
A: The police usually spend a great deal more time investigating a fatal accident because of the importance of documenting exactly what happened. It may take longer for an accident report to be released. In some cases they will perform an accident reconstruction. If you had a friend or loved one who was killed in an automobile accident, I strongly recommend their estate representative contact an experienced personal injury attorney as soon as possible.
Q. Can a person be charged with criminal damage to property if the damage was already done?
A: Assuming the person is charged with criminal damage to property in the 2nd degree (Georgia Code section 16-7-23), an element of the charge is intentional conduct and causing damage. You can review the code section at http://www.lexisnexis.com/hottopics/gacode/. If there was no intentional damage caused, the charge would seem to be improper; however, you should strongly consider retaining a criminal defense attorney who can review the evidence, assess whether or not you have viable defenses and advocate on your behalf. I imagine the prosecutor's perception of the case (and whether the damage was already there) and yours are probably not in line with one another. Again, call an attorney and set up a consultation to review your case.
Q. Filed petition for wife I-130 and status adjustment I-485?. Missed the scheduled appointment and petition was denied.
A: You really need to consult with an attorney who can review the paperwork you filed and the responses you received from USCIS. Once a case gets to this stage, it is best to have an immigration attorney review the case with an in person consultation. A refiled petition needs to properly address the previous denial of the I-130 and you would likely be best served using the services of an experienced immigration attorney.
Q. Citizenship for my son
A: You likely can petition for your son and should consult an immigration attorney to discuss his case in specific detail. You can visit the USCIS website on naturalization at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7.... Also, review questions #25 and 26 of the USCIS guide to naturalization at http://www.uscis.gov/files/article/M-476.pdf.
Q. If you had no intent of being lewd while urinating off of outside public deck while highly intoxicated can you get char
A: If you were charged with public indecency (Georgia Code section 16-6-8) the state would need to prove that you committed the act of a lewd exposure of the sexual organs in a public place. The act was not really accidental (like the wind blowing up a dress) but was due to your level of intoxication. Your intoxication will not really serve as a viable defense; however, it could help explain the behavior and be used to show (based on your record) that you never would have done something like that in a sober state. That being said, you need to consult with an attorney directly who can review the evidence, assess whether you have any viable defenses and negotiate with the prosecutor to try to work out a resolution (such as a diversion program that could result in the dismissal of the charge and expungement in certain circumstances). The Georgia Code can be found online at http://www.lexisnexis.com/hottopics/gacode/.
Q. My brother just got his third felony drug charge of marijuana how much time is he facing?
A: As posted in response to your other similar posting: There are just too many factors involved to answer that question in any sort of meaningful way. He is likely charged pursuant to Georgia Code section 16-13-30 which outlines the penalties involved. The Georgia Code can be viewed online at http://www.lexisnexis.com/hottopics/gacode/. You will see that the range is significant. Whether he faces the minimum, maximum, somewhere in between or has other viable defenses or options depends on many factors. Your brother really needs to have a qualified attorney in his corner handling his defense, especially considering his record. It is possible that the attorney could negotiate alternative sentencing (such as treatment in lieu of incarceration). Georgia just made some significant changes to the drug laws here. For a blog posting on my firm's website (Governor Neal Signs Major Criminal Justice Reform Legislation), go to http://hernanfirm.com/governor-neal-signs-major-criminal-justice-reform-. You can click on the actual bill that was passed, HB 1176, and see some of the changes that were made. Again, I strongly suggest you contact an attorney as soon as possible on your brother's behalf.
Q. My brother just got his third felony drug charge of marijuana how much time is he facing?
A: There are just too many factors involved to answer that question in any sort of meaningful way. He is likely charged pursuant to Georgia Code section 16-13-30 which outlines the penalties involved. The Georgia Code can be viewed online at http://www.lexisnexis.com/hottopics/gacode/. You will see that the range is significant. Whether he faces the minimum, maximum, somewhere in between or has other viable defenses or options depends on many factors. Your brother really needs to have a qualified attorney in his corner handling his defense, especially considering his record. It is possible that the attorney could negotiate alternative sentencing (such as treatment in lieu of incarceration). Georgia just made some significant changes to the drug laws here. For a blog posting on my firm's website (Governor Neal Signs Major Criminal Justice Reform Legislation), go to http://hernanfirm.com/governor-neal-signs-major-criminal-justice-reform-.... You can click on the actual bill that was passed, HB 1176, and see some of the changes that were made. Again, I strongly suggest you contact an attorney as soon as possible on your brother's behalf.
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Contact & Map
Hernan Law Firm
11050 Crabapple Road
Suite 101A
Roswell, GA 30075
USA
Telephone: (678) 275-4000
Fax: (678) 265-4000