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If you are facing criminal charges in Georgia, you have several options on how to respond. It’s essential to work with a qualified criminal defense attorney to determine the best course of action for your specific case. Here are some general options you may consider:
Plead Not Guilty: This is a formal declaration that you deny the charges against you. Your case will then proceed towards trial, during which the prosecution must prove your guilt beyond a reasonable doubt.
Plead Guilty: By admitting guilt, you are acknowledging that you committed the crime. This may lead to a quicker resolution of the case, and in some situations, it might result in a more lenient sentence, especially if part of a plea deal.
Plead Nolo Contendere (No Contest): This means you neither admit nor dispute the charges. It has a similar effect as a guilty plea, but without formally admitting guilt. It’s used in situations where there might be civil repercussions from the criminal case.
Negotiate a Plea Bargain: Many criminal cases are resolved through plea bargains, which involve the defendant agreeing to plead guilty to a lesser charge or to one of multiple charges in exchange for a reduced sentence or other concessions.
Diversion Programs: For certain offenses, particularly first-time offenses or minor crimes, Georgia may offer diversion programs. Completing these programs can result in the charges being dropped or reduced. This might involve rehabilitation, community service, or other requirements.
Go to Trial: If you plead not guilty and do not settle the case with a plea bargain, your case will go to trial. You have the right to a jury trial, where the prosecution must prove your guilt beyond a reasonable doubt. If you are found not guilty, you will be acquitted. If you are found guilty, you will be sentenced.
File Motions: Your attorney might file pre-trial motions to suppress evidence, dismiss charges, or address other legal issues that can affect the outcome of your case.
Appeal: If you are convicted, you have the right to appeal the decision to a higher court. This is not a retrial but a review of potential legal errors that occurred during the trial.
Remember, every case is unique, and the best response will depend on the specifics of the charges, the evidence, and other factors. It’s crucial to seek advice from a Georgia criminal defense attorney to navigate the legal process and ensure your rights are protected.
When hiring a defense attorney in Georgia, you’ll want to ensure you’re choosing someone who can effectively represent and advocate for you. Here are some factors to consider:
Specialization: Ensure the attorney specializes in criminal defense and ideally has experience with your specific type of case (e.g., DUI, drug offenses, white-collar crimes).
Experience: An attorney with many years of experience, especially in Georgia, will be familiar with the local courts, judges, and prosecution.
Track Record: While past performance doesn’t guarantee future results, a history of successful outcomes can be indicative of competence.
Client Reviews and Testimonials: Look for feedback from previous clients to gauge satisfaction and understand the attorney’s strengths and weaknesses.
Communication Skills: Choose an attorney who communicates clearly and promptly. You want someone who’ll keep you informed about your case’s progress and explain complex legal issues in understandable terms.
Local Knowledge: An attorney familiar with the local court system, judges, and prosecutors can provide insights that might benefit your case.
Availability: Your attorney should have the time and resources to dedicate to your case. Beware of attorneys who seem too busy or spread thin.
Fees and Billing: Understand their fee structure, whether they charge a flat fee or by the hour, and any additional costs. Ensure that the financial terms are clear from the outset.
Initial Consultation: Most attorneys offer a free or low-cost initial consultation. Use this opportunity to gauge your comfort level with the attorney and assess their competence.
Interpersonal Fit: Trust your gut. You should feel comfortable with your attorney, believing that they genuinely care about your case.
Transparent Strategy: An effective attorney should provide a clear understanding of the potential defenses, risks, and the plan of action.
Ethical Standing: Ensure the attorney is in good standing with the Georgia State Bar and hasn’t faced disciplinary actions.
Continuing Education: Law constantly evolves. An attorney committed to ongoing education will be up-to-date with the latest legal developments.
Hiring a defense attorney is an important decision. Take your time, do your research, and ask questions to ensure you’re making the best choice for your situation.
Prior to an arrest, police officers may detain an individual when he or she is suspected of committing a crime. Arresting someone is a serious matter that involves depriving a person of their freedom to move freely. For this reason, police must follow certain procedures when making an arrest.
The specific procedural requirements for arrest vary between states, counties, and even cities. Individual police departments also often have additional arrest procedures.
It is often assumed that police must put a person in handcuffs or into a police vehicle to arrest them, but this is not the case. Police may choose to do so depending on the circumstances, but they are not legally required to handcuff or physically detain someone to effect an arrest.
Perhaps more importantly, police are not legally required to read anyone who has been detained Miranda rights (“you have the right to remain silent, anything you do say…”) at the time of arrest, or for any time for that matter. These rights must be explained before police can interrogate anyone in custody, but if police don’t ask questions, no Miranda reading is required. Regardless of whether questions are asked, however, keep in mind that everything you say will be recorded and used against you. Most officers don’t ask questions (and don’t have to!) when those in custody can’t stay quiet…
A police officer cannot arrest someone just because “they look suspicious” or the police officer “has a hunch” about something. A police officer can arrest someone in any of the three below situations:
“Probable cause” means actual information leads the police officer to believe a person has committed or is about to commit a crime. In other words, the police officer holds more than mere suspicion, but not enough to establish beyond a reasonable doubt, that the person committed or will soon commit a crime.
If the police arrest you, you should immediately ask to speak to a criminal defense lawyer. You have the right to do so and they are best placed to advise you of the law and the options available to you in your circumstances.
An arrest, no matter the circumstance, is always difficult. Getting the representation you need to see your case through to the end is essential if you want to safeguard your rights and freedoms as best you can. You don’t have to face criminal allegations on your own.
At The Law Offices of Matthew W. Kilgo, LLC, we represent clients who want to obtain the best outcome possible in their situation. Contact us today by filling out the online form or calling us at (678) 842-4331 to schedule a free initial consultation.
Whether you are arrested in Georgia or anywhere else in Georgia, you have rights. You have the right to:
Remain silent. You should not answer any questions or give explanations or excuses. EVERYTHING you say will be used against you. Remaining silent also means you do not have to sign anything or make any decisions without your lawyer. Remember: say nothing, sign nothing.
Tell the police you will only speak to your attorney, and do it immediately: we call this “invoking your right to counsel.” You need an advocate who can stand up for your rights. If you cannot afford a defense lawyer, you may qualify for a public defender.
When you are able, contact your attorney. You can use your phone call to call us at (678) 842-4331. Telephone conversations with your attorney are privileged and confidential. This also means, however, conversations with family, friends, and anyone you meet in jail ARE NOT CONFIDENTIAL. Do not discuss your case or make any statements to anyone other than your attorney.
Keep in mind that if you do not retain a lawyer who can help you fight criminal allegations, and you are subsequently convicted, you may lose some of your rights as provided by the U.S. Constitution. A conviction for a felony will result in the loss of your right to vote, to possess a firearm, and other valuable rights.
