Davis, Chapman, & Wilder

Blog / Attorneys

10 Mistakes to Avoid When Facing Criminal Charges in Georgia

Legal advice meeting

If you are facing criminal charges in Georgia, there are many mistakes you need to avoid in order to give yourself the best chance of avoiding a conviction and harsh sentencing at trial. If you make assumptions if you overlook key aspects of the law, or if you fail to approach your case with the seriousness it deserves, you could find yourself facing the consequences for years – if not decades – to come.

Charged with a Crime in Georgia? Don’t Make These Costly Mistakes

Georgia’s criminal justice system is complicated, and there are several laws and constitutional principles that apply during criminal cases in the Georgia state courts. As a result, the single most important thing you can do when facing criminal charges is to discuss your case with an experienced criminal defense attorney. Your attorney will be able to help you avoid mistakes such as:

Mistake #1: Assuming You Will Be Convicted

Regardless of the circumstances leading up to your ticket or arrest, you must not assume that you will be convicted at trial. The prosecutor’s office has the burden of proving your guilt in court; if there isn’t sufficient evidence of your guilt, you cannot be legally convicted even if you committed a crime. In addition, even if you think you committed a crime, (i) the act you committed might not actually be illegal in Georgia, or (ii) you might have defenses that justify or excuse your conduct.

Mistake #2: Assuming You Won’t Be Convicted

However, while there are many potential defenses to criminal charges in Georgia, you must also avoid assuming that you will walk free if your case goes to trial. Despite carrying a heavy burden of proof, prosecutors secure guilty verdicts all the time, and the rate of wrongful convictions is alarming. Even if you are absolutely certain that you have done nothing wrong, you must still approach your case as if it carries the risk of leading to a conviction – because it absolutely does.

Mistake #3: Assuming the Police Followed the Law

Police officers make mistakes, just like everyone else. While it is possible that your stop and arrest were conducted in strict compliance with the law, it is also entirely possible that the arresting officer or a police investigator who questioned you when you were taken in for booking violated your constitutional rights.

Mistake #4: Assuming Prosecutors Will Follow the Law

Prosecutors make mistakes as well. From relying on inadmissible evidence to withholding key evidence during discovery, various prosecutorial mistakes can jeopardize the state’s case and entitle defendants to “not guilty” verdicts at trial.

Mistake #5: Missing a Court Date

When facing criminal charges in Georgia, you will have to appear in court on multiple occasions (unless your attorney is able to use police or prosecutorial mistakes, or other defenses, to resolve your case early in the process). If you miss a court date, the judge can issue a bench warrant for your arrest and you can be held in jail until your trial.

Mistake #6: Simply Waiting for Your Trial Date to Arrive

In addition to making sure you appear for your court dates on time, there are various other steps you can take to protect yourself and build an effective defense strategy prior to your trial date. Rather than simply waiting for your case to go to court, you (or your attorney) can:

  • Request access to the state’s evidence against you (through the process of “discovery”)
  • File motions to challenge the admissibility of the state’s evidence in court
  • Negotiate for a reduced charge or a reduced sentence
  • Seek entry into Georgia’s Pretrial Diversion Program (which will result in your charges being dismissed once you complete the program successfully)
  • Take other steps to convince the court that you are remorseful and that you are working on reforming your conduct or seeking treatment for alcohol or drug dependence

Mistake #7: Ignoring or Overlooking Possible Defenses

As we mentioned above, there are numerous possible defenses to criminal charges in Georgia. When your freedom is on the line, you need to explore all options for avoiding sentencing at trial. Even “minor” details can be enough to prevent the prosecutor’s office from meeting its burden of proof, and you want to be absolutely certain that you are fighting your charges by all means available.

Mistake #8: Banking on a Single Defense

Along these same lines, even if you have one defense that seems particularly solid, you do not want to rely solely on this defense to protect you. While throwing the kitchen sink at the judge or jury may lead to confusion and make it appear as though you do not have any individual defense that requires an acquittal, relying on one defense when you have multiple defenses available could leave you unnecessarily exposed.

Mistake #9: Failing to Understand the Consequences of a Conviction

Under Georgia law, all misdemeanors and felonies carry potential fines and jail time. In fact, the maximum penalties for misdemeanors start at up to a $1000 fine and 12 months in jail. In addition, the practical consequences of a conviction can impact all aspects of your work and personal life, from making it extremely difficult to find a job to prevent you from seeing your children. For more information on the consequences of criminal convictions in Georgia, you can read:

Mistake #10: Trying to Handle Your Criminal Case on Your Own

With these risks in mind, the best way to protect yourself when facing criminal charges in Georgia is to hire an experienced criminal defense attorney to represent you. Presenting a successful defense requires a thorough understanding of the law and intimate familiarity with the procedures involved in Georgia criminal cases. Contact us to learn more.

Contact Our Augusta, GA Criminal Law Offices to Discuss Your Case in Confidence

Our Augusta criminal lawyers provide experienced legal representation for individuals who are facing misdemeanor and felony charges throughout Georgia. For more information about how we can protect you, call 706-200-1578 or contact us online for a confidential initial consultation.

Posted in:

Related Posts

What Disqualifies You From Adopting in Georgia?

Choosing to adopt a child is one of the biggest decisions you'll ever make. However, there are complex rules that aim to safeguard the child, which can make the application process difficult. A local adoption attorney in Augusta, GA can provide invaluable guidance, helping you present a strong case and avoid disqualification where possible. Eligibility Rules for Adoption in Georgia In Georgia, there are multiple possible routes to adopt a child, including public adoptions through the Georgia Department of Family and Children Services, agency adoptions, and privately organized adoptions. Regardless of the option you choose, there are basic eligibility criteria that you must fulfill: Aged at least 21, or married and living with your spouse Resident of Georgia when the petition is filed At least 10 years older than the child (unless you are a stepparent) Physically, mentally, and financially able to have permanent custody In addition to fulfilling the above criteria, every person who wants to adopt must undergo a full evaluation. During the evaluation process, checks will be carried out to ascertain whether there are any factors that would make the potential parents unsuitable. What Factors May Prevent Adoption? Even if you pass the basic eligibility criteria, you may be disqualified for another reason discovered during the evaluation. Common factors that can lead to disqualification include: Criminal Record A prior felony conviction won't result in automatic disqualification, but it is something that will be looked at very carefully. Background checks for any convictions will be carried out based on fingerprints, so it's essential to be honest about your history. Some convictions will present more difficulties than others. For example, any convictions for child abuse, neglect, domestic violence, or sexual misconduct may result in the application being denied. Other non-violent convictions may also be considered significant if there is any evidence of unresolved issues. Mental Health Difficulties Mental health conditions are common and in many cases won't be a cause for concern. However, if symptoms are severe and current, or there is a history of regular relapses with resistance to treatment, approval to adopt may not be granted. Unsuitable Home Environment Georgia expects all prospective adoptive households to have sufficient space and to adhere to safety standards. If your home environment is unstable, too small, or contains hazardous features, approval may be withheld until you have moved to an alternative property. Inspections will also look for stability, consistency, and a loving atmosphere. If there is a history of regular house moves, frequent difficulties within your relationship, or an unstable domestic environment, you may be disqualified. Get Advice From an Adoption Attorney A lawyer can help ensure any unfavorable historical aspects are viewed in context, and that your application is presented in the most positive way. An attorney will be familiar with the adoption procedure and can help you comply with all requirements. This prevents any delays and will secure the best possible result. We have extensive experience in all types of adoption and can support you throughout the whole process. To talk to a compassionate lawyer, contact us today at Davis, Chapman, & Wilder in Augusta, GA. We are proud to serve all the local communities, including Lincolnton, Thomson, Evans, Martinez, Waynesboro, and Grovetown.

Can Divorce Disputes Be Resolved Without Going to Trial?

Here in Georgia, couples who want to divorce can get a mediation lawyer and go through a more amicable process than taking things all the way to trial in the Augusta, GA courts. You're allowed under the law to resolve every disputed issue in a divorce without a trial, and most cases do actually end that way. When a Trial Is Required A trial is required only if there are issues that remain contested when the case is called before the court. The judge may refer all contested divorce petitions for divorce or permanent alimony to an appropriate alternative dispute resolution (ADR) method before holding the trial if the trial is held in a county where there's a court-annexed ADR program already in place. In counties where there aren't, the judge may still refer a disputed case if a method is reasonably available and wouldn't add a lot of cost. When There's Perfect Agreement For some couples, the right move forward is an uncontested filing. This is where the spouses already agree on how to divide their property and debts, what alimony there will be, custody and parenting time issues, and all issues of child support. The couple will still need to submit a written settlement agreement for the court to review and incorporate into the decree, and the court will still need to find that the agreement is fair, particularly in the issues of property division, alimony, and child support. Even if you and your spouse believe you agree completely, it's important to talk with a lawyer who can help you work through your agreement and ensure the court will find it appropriate. When There's Room for Compromise Even if you and your spouse don't yet perfectly agree, if your attitude is positive towards compromise and cooperation, you can still get things done through negotiations and mediation. In fact, the courts will encourage you to keep trying this, and you can convert a contested case into an uncontested one at any point before trial. Mediation In mediation, a neutral facilitator helps the parties reach a voluntary agreement. The mediator has no power to impose terms, and the settlement itself is voluntary. If you engage in a few good-faith sessions but can't produce an agreement, the petition will go to trial. Collaborative Divorce This is a private process in which both spouses and their individual legal counsel commit to settling outside court by signing what's known as a Participation Agreement. The parties also all agree that, if the process fails, the lawyers will withdraw so new counsel can litigate the case in court. This process typically takes three to six months, and it can't be stopped except by actually breaking the agreement entirely. It's important to understand that the Settlement Agreement as a binding contract once it is incorporated into the divorce decree. Contact a Mediation Lawyer in Augusta, GA If you're interested in a divorce that is less contentious, cheaper, and faster, mediation or another ADR method could be the answer. To find out if this is a good fit for your case, talk to Davis, Chapman, & Wilder today to request a consultation.

How Do Two-Wheeled Vehicle Accidents Differ from Regular Car Accident Claims?

Two-wheeled vehicle accidents in Georgia, most of which involve motorcycles, aren't the same as ordinary car accidents when it comes to making claims. The personal injury aspects of these cases are usually devastating to the rider, and a motorcycle accident lawyer is an important ally for anyone injured in such an accident. How Two-Wheeled Accidents Differ From Regular Car Accident Personal Injury Claims Extreme Injuries A passenger car surrounds its occupants with a steel frame that has crumple zones, and it comes with seat belts and airbags that absorb and redirect the force of a crash. A motorcycle, trike, or similar two-wheeled vehicle has none of those barriers, so even a collision that would produce only bruising or whiplash inside a car routinely produces much more serious injuries in riders. The resulting medical bills, the long rehabilitation period (during which it's often impossible to work), and the lost earning capacity from long-term physical disability are typically larger, and the damages claimed for pain, suffering, and future care are correspondingly higher than with regular car accidents. Differences in Insurance Georgia treats motorcycles as motor vehicles for purposes of liability insurance, and the statutory minimums are identical to those required for cars. Motorcycle policies, however, frequently don't include medical payments or personal injury protection endorsements that some automobile policies carry, so it's common for an injured rider to be more dependent on their own health insurance or on the at-fault driver's liability insurance. Those liability limits are often exhausted quickly because the injuries and bills are so much more costly. Differences in Fault Technically speaking, fault is assigned in these accidents under the same modified comparative-negligence statute that governs every motor-vehicle collision in the state. If you're 50% or more at fault, you can't claim anything. If you're less than 50% at fault, your final award is reduced by the same percentage as your degree of fault. In practice, however, this rule often ends up being more harshly applied to two-wheeled vehicle riders because insurance adjusters and jurors often have an assumption that motorcyclists are reckless and must have been speeding, weaving, or otherwise riding dangerously. Overcoming this requires more extensive evidence and the help of an experienced lawyer. Insurer Resistance Because claims are often so high in these accidents and because of the bias against motorcyclists, it's common for insurers to fight back hard in these cases. The insurance company will be very aware of the time limits involved and will likely seek to push them to the limit in the hopes that you will miss the filing deadline. You have two years after an accident to bring a lawsuit, and if you miss this window, you can't then bring a lawsuit, no matter how strong the evidence or serious your injuries. Talk to a Motorcycle Accident Lawyer If you've been injured in an accident, don't try to take on the insurance company on your own. Call Davis, Chapman, & Wilder in Augusta, GA at 706-200-1578 today to request a consultation.