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Serious felony cases are highly fact-specific, and the outcome will always depend on the unique details of your situation. That said, the more evidence the prosecution has, all things being equal, the harder it is to mount a defense. Your best defense is always to avoid giving them anything they can use against you and talk to a criminal defense lawyer in Augusta, GA as soon as you are charged. more How to Build a Strong Criminal Defense for Serious Charges 1. Exercise Your Right to Silence The single most important step you can take is to stop talking to law enforcement, prosecutors, or anyone else about your case (except your lawyer). Invoke your Miranda rights and request an attorney. Anything you say can be used against you and absolutely will be. DO NOT believe the police or the prosecution if they suggest you could clear everything up quickly by just telling them what they want to know. You will be shocked later at how they can twist your words. 2. Hire an Experienced Attorney Right Away Hire a criminal defense lawyer who focuses on serious criminal charges and who has experience here in Georgia. Look for attorneys with: Extensive trial experience in Georgia Superior Courts Knowledge of local prosecutors, judges, and practices in your circuit A track record of success with similar charges This is your life and freedom on the line, so don't be tempted to represent yourself or rely on general online advice. If you're convicted on serious charges, you could spend years or even life in prison, be on the hook for massive fines, lose your voting rights or firearms rights, end up on a sex-offender registration (in some cases), and have to battle against lifelong barriers to employment, housing, and licensing. 3. Be Completely Honest with Your Attorney Share every detail, no matter how uncomfortable you feel. Your lawyer cannot build the best strategy without the full picture, and your lawyer is obligated by law and professional ethics to keep what you say confidential and always act in your best interests. 4. Gather and Preserve Evidence Immediately While your attorney investigates your situation, you can help by writing down a detailed timeline of all the events. Be sure to date this and keep it private: only your attorney should have this. Also, collect all texts, emails, receipts, videos, photos, GPS data, or social media posts that could support your version of the events. Once you've done that, stop talking online. Don't send texts, emails, phone messages, or social media posts about your case. 5. Let Your Attorney Develop and Execute a Strong Defense Strategy One of the best things you can do to defend yourself is let your attorney do their job. An experienced lawyer will file pre-trial motions and knows how to challenge the prosecution's evidence chain, witness credibility, or forensic reliability. All this and more can then be used to negotiate with the district attorney for reduced charges or a favorable plea. If a plea isn't possible, your lawyer will carefully prepare for trial so they're ready to present your evidence and create reasonable doubt about the prosecution's story. The sooner your attorney gets started, the better. Call us now at Davis, Chapman, & Wilder in Augusta at 706-200-1578. We know the local courts and prosecutors, and our goal is always to protect you.

In the Augusta-Richmond County metropolitan area, teens are "adjudicated delinquent" rather than convicted of crimes. Although they're not convicted of a crime, being adjudicated delinquent can still cause issues down the road for a young person's educational prospects, ability to rent housing, job prospects, and more. Having a juvenile record sealed can protect a teen, but it's not an automatic process. more Are Juvenile Records Sealed? Juvenile records are eligible to be sealed, and it's more likely that a juvenile can have their records sealed than an adult. But there are rules and procedures that have to be followed to get it done. The Rules of Sealing Records A juvenile's record can be sealed automatically only if the court dismisses the petition against them or if the case is handled within an adjustment rather than by finding the juvenile adjudicated delinquent. If the young person is adjudicated delinquent, then they will have to file an application to have the record sealed, and certain conditions have to be met. To be eligible, the young person must be two years past their final discharge of supervision. Since the discharge, they must not have been: Convicted of a felony Adjudicated delinquent again Been convicted of a misdemeanor involving "moral turpitude." Moral turpitude is a somewhat subjective concept, but it basically means an act that is contrary to community standards of honesty and good morals. In addition to the above, there cannot be a pending action against the young person seeking to have their records sealed. The court must also determine to its satisfaction that the young person has been rehabilitated, and ultimately this is up to the discretion of the judge. How to Request Records Be Sealed 1. Talk With a Lawyer and Prepare a Petition It's always best to have a lawyer's help in preparing a petition. A lawyer will understand all the laws and know what the courts are looking for to determine if a young person can be considered rehabilitated. In addition, a lawyer will make sure that all paperwork is properly filed and accurate and represent the family in court. 2. Attend a Hearing Once the court receives the petition, it will set a hearing date and give notice to the prosecuting attorney, any law enforcement agencies that were involved with the young person's records, the authority that granted them discharge, and the Georgia Department of Juvenile Justice. Any or all of these entities may be present for the hearing. At the hearing, the judge is likely to ask questions of the young person and the family, listen to any objections by the prosecutor, and review all the evidence about the young person's conduct since discharge. Contact an Augusta-Richmond County Metropolitan Area Juvenile Law Attorney Right Away The best way to present a strong case for why your teen's record should be sealed is with the help of an experienced attorney. Talk with us today at Davis, Chapman, & Wilder for help anywhere in the Augusta-Richmond County metropolitan area.

A domestic violence charge is always serious, even if it's your first time. Talk to an Augusta, GA criminal defense lawyer as soon as you can, and take the following steps to protect yourself as you seek the best outcome. How Should I Handle a First-Time Domestic Violence Charge in Augusta, GA? more 1. Hire a Criminal Defense Lawyer Immediately The very first call you make should be to a lawyer, and until your lawyer is by your side, say nothing. Be polite with the police, but don't agree to answer any questions until you've talked to your lawyer. A lawyer will protect you from making any mistakes, investigate what really happened, and then do everything possible to have the charges dismissed and, if that's not possible, lowered. 2. Stay Away From the Victim It doesn't matter if the person making the accusations against you is making the entire thing up: do not contact them. Many people make the mistake of thinking that if they just could talk it out, everything would be better. But until you actually work things out legally, this can only hurt you. 3. Save Everything Keep a careful record of every communication that you have with anyone related to the case. If there were any emails, texts, or phone calls leading up to the incident you're being charged over, keep all of these, as they may show important context that can be used to defend you. As mentioned above, you should not contact the victim, but if the victim contacts you, simply save their communication and show it to your lawyer. 4. Do Not Talk on Social Media Do not discuss your case on social media under any circumstances. Anything you say there can be used against you, and you should always assume that what you say on social media is not private and is likely to get back to the prosecutor's office. 5. Follow All Court Orders If the court has given any restraining orders, you must follow these even if you think they're ridiculous and even if you're completely innocent. It will only harm your case if you do not. Give your attorney the chance to defend you through the proper court procedures. Defenses Your Attorney May Explore With You The precise defense that you bring is always going to depend on the unique circumstances of your case, of course. But there are some common defenses in these cases. Sometimes former romantic partners bring these sorts of accusations to get revenge or win leverage in a custody battle, and it's possible to show that you're being falsely accused. In other cases, your best defense may be a lack of evidence or unreliable testimony. In some cases, it would be appropriate to argue self-defense or the need to defend someone else. And occasionally, the best defense is not related to the incident itself but to the police response, and if you can show that your constitutional rights were violated at that point, the charges may be dropped. If you're being charged, contact us right now at Davis, Chapman, & Wilder in Augusta, GA to get started on a strong defense.

In Georgia, the criminal justice system treats most minors under the age of 17 as juveniles. However, in specific cases involving serious offenses, the law allows minors to be prosecuted as adults. At Davis, Chapman, & Wilder, we help families understand how Georgia law applies when a juvenile is accused of a felony or a violent crime. The decision to move a minor's case into adult court carries long-term consequences and is governed by clear legal procedures that an experienced juvenile lawyer in Augusta, GA, can help clients navigate. Georgia law allows minors to be tried as adults under several circumstances. The legal basis depends on the age of the minor and the nature of the charge. Under the Official Code of Georgia Annotated, certain offenses automatically fall under the jurisdiction of the Superior Court if the child is at least 13 years old and the charge involves a more serious crime such as murder, rape, armed robbery with a firearm, and other violent felonies. more In addition to automatic jurisdiction, the juvenile court may transfer a case to the adult court through a process called judicial waiver. In these cases, the judge reviews whether the juvenile is mature enough to face adult proceedings and whether the severity of the offense justifies the transfer. Criteria for Transferring a Case When prosecutors or the court seek to move a juvenile case to adult court, the judge considers several factors. These include the minor's age, prior delinquency history, the nature of the offense, whether the juvenile system can provide appropriate rehabilitation, and the likelihood that public safety is at risk. Georgia law requires the court to hold a transfer hearing and consider evidence from both sides before making a decision. You have the right to present arguments and evidence against the transfer. This may include psychological evaluations, school records, or testimony showing that the child has the capacity for rehabilitation. If the judge finds that adult prosecution is not appropriate, the case remains in juvenile court, where the penalties and process differ significantly. Consequences of Adult Prosecution If a minor is tried and convicted as an adult in Georgia, they may face the same sentencing options as adults, including long prison terms and permanent criminal records. A conviction in adult court also means the individual may serve time in adult correctional facilities, which are not equipped to handle juvenile inmates in the same way as the Department of Juvenile Justice. Adult convictions carry collateral consequences such as loss of voting rights, exclusion from certain educational opportunities, and difficulty obtaining employment. For these reasons, defending against the transfer of a case to adult court is often a key part of the legal strategy. Schedule a consultation with us today at Davis, Chapman, & Wilder in Augusta, GA, to evaluate your rights as you seek to protect your child from an unfair conviction.

If you're being prosecuted for a crime in Augusta, GA, the classification is significant. A felony carries heavier penalties, including higher fines and a longer potential jail sentence. In contrast, a misdemeanor carries a maximum sentence of 12 months in jail and a fine of up to $1,000. A criminal defense lawyer can provide personalized advice, including whether the charges will be a felony or misdemeanor and whether they may be reduced. Title 16 of the Georgia Code determines whether a crime is classified as a felony or misdemeanor. However, some crimes known as "wobblers" can be charged as either, depending on the circumstances. Any aggravating factors will be taken into account, together with your personal history. The prosecutor has discretion in deciding whether to bring felony or misdemeanor charges. An experienced attorney may be able to negotiate with the prosecutor to secure a lower misdemeanor charge. Plea Bargain A plea bargain is a formal agreement between the defense and the prosecutor. In exchange for agreeing to plead guilty without going to trial, the prosecutor may agree to reduce the charges. This means a felony charge may be lowered to a misdemeanor. A prosecutor may not always initially agree to reduce a felony to a misdemeanor. Other options include reducing the sentence but not the charge, or withholding aggravating facts to make the case more favorable to the defense. Successfully securing a plea bargain that reduces a felony to a misdemeanor requires an attorney with strong negotiation skills. A positive relationship with the prosecutor can also be beneficial. Changes to Sentencing In some cases, the charges remain classified as a felony but the judge may issue a more lenient sentence. This is only possible if you meet certain criteria and the felony is less than 10 years in jail. When this occurs, a felony conviction will still be recorded but the sentence follows the misdemeanor guidelines. The precedent for this was established in Ramsey v Powell (1979). Not all felonies qualify for this type of sentence reduction. You will also have a greater chance of a felony being reduced if this is your first offense. How Can a Criminal Defense Lawyer Help? Your lawyer will advocate on your behalf, leveraging their knowledge of the legal system to negotiate for a felony charge reduction. Even if the prosecutor does not agree to reduce the charge, an experienced attorney may be able to get the felony dismissed at trial. For example, a charge of first-degree homicide by vehicle may be reduced to a lesser offense, such as distracted driving. The negotiating skills and experience of your attorney can be pivotal in determining the final charges you face. It's strongly advisable to appoint an attorney at the earliest opportunity. We understand the impact that criminal charges can have on your life. By providing compassionate and dedicated legal counsel, we can help you to achieve the best possible outcome. Contact us today at Davis, Chapman, & Wilder in Augusta, GA to learn more.

When most people think of the justice system, they think of trials. Our television shows and movies are full of courtroom scenes. They would have you think that lawyers, defendants, witnesses and jurors always dig for the truth in tense, dramatic encounters. But the truth is that most cases look nothing like that. Nearly all criminal cases end in plea deals. In 2005, the Bureau of Justice Statistics reported that 95% of all federal cases resulted in guilty pleas. The numbers may have changed a little since then, and the numbers for Georgia may not match those federal numbers. Even so, you can bet the prosecutors on your case expect you to plead guilty. That raises a question: Can a plea deal ever lead to justice? The numbers are stacked against you. The playing field is tilted in the prosecution’s favor. You don’t start with much leverage. But you can improve your situation by remembering five key tips. Stand for your rights Before you have a chance to negotiate with the prosecutors, you’ll have plenty of chances to shoot yourself in the foot. Don’t. The police should read you your Miranda rights before asking you any questions, but even if they don’t, you want to exercise those rights. You have the right to remain silent. You have the right to an attorney. The police and prosecutors aren’t asking you questions so that they can realize they got the wrong person. They want to get your confession or uncover proof to use against you in court. Anything you say can be used against you in a court of law, and it can also be used against you during plea bargaining. Understand the prosecution’s motive A while back, the Assistant D.A. for the Towaliga Judicial District created a slideshow that explains the Georgia plea bargaining system from the prosecution’s point of view. One of the first slides makes a key point. You, as a defendant, have no constitutional right to plea bargaining. It is completely up to the prosecution to decide whether to offer or negotiate a deal. Prosecutors offer these deals because they have more cases than time. Trials take a lot of time, and they cost a lot of money. Plea deals are much faster, and they’re easier on prosecutors and judges. Let’s repeat that point: Plea deals are easier on prosecutors and judges. You may be able to reach an acceptable outcome, but the process doesn’t exist for you. It exists for them. If you don’t like the deals they offer, you have the right to a trial of your peers. Recognize common tactics The most common tactic in plea negotiations is charge bargaining. This is when the prosecutors tell you they’re thinking about charges X, Y, and Z, but they might settle for a lesser charge if you just plead guilty. If you hesitate, they may threaten to press heavier charges or add new ones. None of this should surprise you. However, you shouldn’t take it all at face value, either. All the different charges they mention will demand different types of proof. It’s likely the prosecutors will try to bluff you. And, without professional guidance, you have almost no way to know whether the deals they offer you are reasonable. The Department of Justice notes that prosecutors don’t always offer the same deals to different people in the same situations. For example, the statistics show that Caucasian suspects are much more likely to receive favorable deals than Blacks. Come prepared When everything is stacked in the prosecution’s favor, is there even a reason to negotiate? Yes, there can be, but you need to be prepared. Plea negotiations are your chance to weigh the pros and cons of the prosecution’s offers. That means that you must first understand what you’re hearing. You need to understand the evidentiary standards for all the different charges. You want to understand what prosecutors have offered to other people in your position. You want to understand how strong or weak the prosecution’s case may be. Generally, this means working with an experienced criminal defense attorney. Not just one who understand the law, but one who also understands the courts and people involved. Who has seen similar cases in the past. You want an attorney who can bring that experience to the table. Make sure you understand your options Finally, you need to understand the different options in front of you. And if there are any possible options that the prosecution hasn’t introduced, you want to understand those, too. You want to understand the risks linked to your choices and the likely consequences. Your attorney can offer legal advice, but the choice is ultimately up to you. It’s your life, your rights, your freedom and your choice. You don’t want to enter a plea if you’re not absolutely clear what it could mean. If you want to go to trial, you should make sure you’re clear about the risks and the strength of your case. Augusta Criminal Defense Attorney Unfortunately, criminal charges can have harsh effects. It is important to understand the consequences of a conviction before deciding to plea or proceed to trial. We urge you to contact the Augusta Criminal Defense Attorneys at Davis, Chapman, and Wilder, LLC to schedule a consultation to discuss your criminal charges as soon as possible.

Being charged with a theft crime can be a terrifying experience. Especially for first-time offenders, being arrested, possibly jailed and charged with a crime can be jarring. And the arrest and charge are just the beginning. You might not know the different types of theft crime charges or the penalties involved with a conviction. Most importantly, you probably don’t know how you can defend yourself. Will you go to jail? What kind of fines will you have to pay? Is there any way to get charges reduced or dropped? The first step is to understand the basics of theft crimes in Georgia. Talking to an experienced criminal defense lawyer will be critical to minimizing the penalties of this type of criminal charge. Types of theft crimes in Georgia Generally, a theft crime in Georgia is called a Theft by Taking. According to Georgia Code § 16-8-1, you have committed a theft by taking if you unlawfully take or appropriate someone else of their property. This general crime definition includes all types of illegal taking, which can include theft by deception or theft by shoplifting. Theft by deception Theft by deception occurs when someone obtains someone else’s property, with the intention of depriving that person of ownership of the property, using deception. Deception in this crime can include: Creating or confirming an impression of fact that the accused knows is false Failing to correct someone’s false impression of a fact Hiding information or preventing someone from obtaining information relevant to the property involved in the crime Transferring property known to be encumbered and intentionally failing to disclose the fact of the encumbrance (this can include a lien or other impediment on the property) In exchange for money or other property, making promises with no intention of performing these promises (the promises can involve exchange of products or services) It is important to remember that these examples of deception are not necessarily crimes in their own right, but are only crimes when they are performed as part of a theft or other related crime. Theft by shoplifting Theft by shoplifting generally involves taking cash or merchandise from a store and retail outlet. This can include: Concealing merchandise in a store Changing the cost of an item on its price tag or exchanging labels from one item to another Changing containers in order to get a lower price Finding some other illegal way of paying less for an item than what the store is trying to sell the item for Most of these shoplifting examples are relatively clear, but not everyone knows that doing something like switching price tags to save a couple dollars is considered a shoplifting crime. And the penalties for these crimes can be severe. Penalties for theft crimes in Georgia A theft crime can be considered either a misdemeanor or felony. All things being equal (no previous convictions or other aggravating factors), theft crimes involving $500 or less will bring misdemeanor charges, and those involving more than $500 will be charged as felonies. A misdemeanor can result in up to a year in jail and fines. A felony can result in anywhere between one year in jail and 10 years in jail, as well as fines. How to defend yourself against theft crime charges in Georgia Even a misdemeanor theft crime in Georgia can bring up to a year in jail, so it is important to defend yourself aggressively against these charges. The first thing you should do is contact an experienced criminal defense lawyer who knows how to fight for your freedom. There are a few possibilities for defending yourself against these charges, including: Attacking the evidence: If the police violated your rights in some way or obtained evidence illegally, a good attorney can use this to get the charges dropped or to eliminate all evidence against you. Ownership: If you had a good reason to think you actually owned the property in question, this could be used as a positive defense against the charges. Intoxication: An essential element of a theft crime is intent. For a conviction, the accused had to have intended to commit the theft, knowing it was a theft. If we can show that you were intoxicated at the time of the crime, it might be a successful defense. Entrapment: If you were lured into committing the crime for the purpose of prosecuting you for the crime, that is called entrapment and can used as a defense against theft crime charges. These are just a few examples of how to defend yourself against theft crime charges. There is no one right answer or one foolproof approach. The most important thing you can do is hire a legal team you can trust to mount a strong defense on your behalf.

There are several factors a judge considers when determining if a jail sentence is appropriate. Take a closer look at a few of the specific variables that might come into play in your case. How serious is the crime? If you are convicted of a violent felony, you are likely to serve a prison sentence. Many violent felonies such as murder or armed robbery have mandatory minimum sentences that must be served in prison. Do you have a criminal record? It’s important to keep in mind that pleading guilty to a crime with a plea offer in place is the same as being convicted of a crime. Even if a plea deal in each case seems like a good offer, it may have other serious consequences that need to be considered. A criminal law attorney can provide insight into whether accepting a particular plea deal is in your best interest. Were there aggravating factors in your case? Being charged with misdemeanor DUI may result in a plea agreement that will keep you out of jail. However, if you crashed your car, injured another person, or drove with a dangerously high blood alcohol level, the charge might be upgraded to a felony. Those factors will likely increase your chances of going to jail if convicted of the crime. If you are facing criminal charges in Augusta, GA, and would like to find out what defenses you have available, we encourage you to contact us for a confidential consultation. To speak with one of our criminal defense lawyers as soon as possible, call 706-200-1578 or inquire online now.

You’ve been charged with a crime in Georgia. Are you facing jail time? Are you off the hook if the police violated your constitutional rights? If you get convicted, can you apply to have your criminal record expunged? Do you have less to worry about if you are facing a misdemeanor charge? Defending yourself during a criminal case requires a clear understanding of the law as it applies to your factual circumstances. Unfortunately, while there is a lot of reliable information available on the Internet, many common myths and misconceptions also get perpetuated online. If you need to fight for your freedom, how can you distinguish fact from fiction? Here is the truth behind seven common myths about facing criminal charges in Georgia: Myth #1: If You are Convicted, You Will Serve Time in Jail. Reality: While jail time is a potential sentence for all misdemeanors and felonies in Georgia, it may be possible to serve probation and a suspended sentence in lieu of jail time. Under Georgia law, all crimes carry the potential for incarceration. However, this does not necessarily mean that you will serve time in jail if you are convicted. Depending on the severity of the offense and the circumstances involved in your case, it may be possible to avoid jail time – potentially by seeking probation and a suspended sentence. If you meet all of the terms of your probation, you will not have to serve time in jail. However, if you violate the terms of your probation, you can be sent to jail to serve the time that was “suspended” during your probationary period. Myth #2: If the Police Violated Your Rights, You Can’t Be Convicted. Reality: A violation of your rights can provide a defense under some circumstances if you know how to assert it effectively. As a criminal suspect or defendant in Georgia, you have certain fundamental rights. However, if the police violate your rights, this does not automatically serve as a “get out of jail free” card. Rather, in order to use the violation as a defense, you (or your attorney) must raise the issue in court and successfully argue that the violation was substantial enough to entitle you to a legal remedy. Even then, raising the issue may only result in certain evidence being excluded from your case – but prosecutors could still have enough other evidence to convict you. Myth #3: If You Get Convicted, You Can Apply to Have Your Record Expunged. Reality: Expungement isn’t an option in Georgia, but some convictions are eligible for “record restriction.” You read that correctly. In Georgia, state-level criminal offenses are not eligible for expungement. The concept of expungement simply does not exist under Georgia law. In some cases, it will be possible to have your criminal record “restricted.” However, the grounds to apply for record restriction are very limited, and not all criminal offenses are eligible. Furthermore, record restriction does not afford the same benefits that expungement affords in other states. Record restriction is also charge-specific, meaning that, even if you file a successful petition, your criminal record may not be restricted in its entirety. Myth #4: A Misdemeanor Isn’t a Serious Crime. Reality: In Georgia, a misdemeanor conviction can carry up to 12 months of jail time and a fine of up to $5,000. While misdemeanor offenses are generally considered to be less serious than felony offenses, facing a misdemeanor charge in Georgia is still an extremely serious matter. All misdemeanors carry a maximum potential jail sentence of 12 months (though it will be possible to avoid jail time in some cases, as discussed above), and the maximum fines start at $1,000. If you are convicted of a “misdemeanor of a high and aggravated nature,” you could face fines of up to $5,000. Myth #5: A DUI a Traffic Offense, Not a Crime. Reality: A DUI is a traffic offense in some states, but not in Georgia. In Georgia, most DUIs are misdemeanors, but it is possible to be charged with a felony DUI. In Georgia, driving under the influence (DUI) is a crime. If you are a first-time or second-time offender, you are likely facing a misdemeanor charge, although this is not necessarily the case. A standard third-time DUI offense is a“misdemeanor of a high and aggravated nature.” Four-time offenders, offenders who cause serious accidents, and certain other defendants can be charged with a felony DUI and potentially face years behind bars. Myth #6: If You Committed a Crime, a Defense Lawyer Can’t Help You. Reality: Even if you think you committed a crime, there are still numerous reasons to discuss your case with an experienced criminal defense lawyer. There are several potential defenses to criminal charges under Georgia law. While many of these defenses focus on disproving the factual allegations against you (or at least raising questions in the minds of the jury), there are also defenses that can be used to avoid a conviction even when the evidence is clearly not on your side. For example, if the police conducted an unlawful search or seizure, then the evidence that is available to prove your guilt may be inadmissible at trial. Myth #7: If You are Innocent, Justice Will Prevail. Reality: Wrongful convictions are alarmingly common, and making mistakes during your case can increase your chances of an unjust conviction. Despite its virtues and the fundamental role it serves in our society, the criminal justice system is far from perfect. Defendants are wrongfully convicted at alarming rates, and many convicts are forced to serve sentences that are severely disproportionate to the crimes for which they were convicted. As a result, when facing criminal charges, one of the biggest mistakes you can make is assuming that you are not at risk. You need to protect yourself, and this starts with hiring an experienced criminal defense attorney. Arrested in Georgia? Contact Our Augusta Criminal Law Offices for a Case Evaluation Have you been arrested for a misdemeanor or felony in Georgia? If so, we encourage you to contact us promptly to discuss your case. To speak with criminal defense lawyers at our Augusta, GA law offices in confidence, call 706-200-1578 or request an appointment online now.

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: What are the Penalties for Felonies and Misdemeanors in Georgia? Georgia Criminal Records are Not Eligible for Expungement 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.

As a Georgia resident, you are entitled to all of the protections afforded by the U.S. Constitution. The 14th Amendment requires the states to uphold individuals’ constitutional rights, and this includes all rights that apply before, during, and after an arrest. If police violate your constitutional rights, then any evidence obtained as a result of the violation may be deemed inadmissible in court. Likewise, if state prosecutors violate your constitutional rights, this could mean that you are entitled to an acquittal without the need to defend yourself at trial. However, constitutional issues are rarely straightforward. Most police officers and prosecutors do their best to comply with the law, and this means that most constitutional violations are unintentional. Additionally, despite more than 200 years of precedent, there are still many grey areas when it comes to determining when an act or omission crosses the line into the unconstitutional territory. That said, asserting your constitutional protections can be an effective defense strategy in many circumstances. In this article, we countdown 10 of the key constitutional protections that apply in Georgia criminal cases, and then we discuss the potential consequences of constitutional violations for criminal defendants in Georgia. 10 Constitutional Protections that Apply in Georgia Criminal Cases 10. The Right to a Jury Trial As a criminal defendant, the Seventh Amendment guarantees you the right to a trial by a jury of your peers. While you can waive this right (although this is not something you should do unless advised by your attorney), neither the prosecutor’s office nor the court can deprive you of your right to a jury trial in a criminal case. 9. The Right to a Speedy Trial The Sixth Amendment provides several important protections to criminal defendants in Georgia, one of which is the right to a “speedy and public trial.” If you are unfairly prejudiced by a delay in your trial date (which requires a thorough analysis of the specific facts and circumstances involved with the delay), then you may be entitled to walk free. 8. The Protection Against Double Jeopardy Under the Fifth Amendment, you cannot be prosecuted twice for the same offense arising out of the same set of events. You can be forced to go through a second trial if the jury is unable to reach a decision or the judge orders a mistrial for other reasons; but, if you get acquitted, then your case should be over. 7. The Protection Against Ex Post Facto Laws If you do something and then Georgia makes it illegal, you cannot be prosecuted retroactively. This is known as the prohibition against ex post facto laws. 6. The Right to Know the Evidence Against You Another protection afforded by the Sixth Amendment is the right to know the evidence against you. Before your trial, you are entitled to conduct “discovery” in order to obtain information about the prosecution’s case. If the prosecutor’s office withholds any evidence (or subsequently obtains evidence and does not disclose it), this may constitute a violation of your Sixth Amendment rights. 5. The Right to Confront Witnesses The Sixth Amendment also entitles criminal defendants to confront any witnesses against them. This means that the prosecution cannot present police officers’ or other witnesses’ testimony unless you are afforded the opportunity to conduct a cross-examination. 4. The Requirement for “Reasonable Suspicion” Under the Fourth Amendment, the police cannot stop a person unless they have “reasonable suspicion” to believe that the person has been involved in criminal activity. There are some exceptions (including DUI checkpoints in Georgia); but, generally speaking, the police cannot stop people arbitrarily or on a discriminatory basis. 3. The Requirement for “Probable Cause” A stop is different from an arrest. While a stop requires “reasonable suspicion,” an arrest requires “probable cause.” If the police arrest you without probable cause (or if they conduct a warrantless search in violation of the Fourth Amendment’s probable cause requirement), they are in violation of your constitutional rights. 2. The Right to Remain Silent The Fifth Amendment affords you the right to remain silent once you have been accused of a crime. If the police or prosecutors violate your right to remain silent, then anything you say subsequent to the violation could be inadmissible in your Georgia criminal trial. 1. The Right to an Attorney Finally, and most importantly, you have the right to an attorney. This right exists under the Sixth Amendment, which states that, “the accused shall enjoy the right to . . . the assistance of counsel for his defense.”By hiring a defense attorney as soon as possible, you can ensure that you avoid costly mistakes and assert all of the defenses that are available to you under the U.S. Constitution and Georgia law. Can You Avoid a Conviction by Proving that Police or Prosecutors Violated Your Constitutional Rights? So, let’s get back to our original question: What happens if Georgia police or prosecutors violate your constitutional rights? While the specific circumstances of your case will determine what options you have available, the general rule is that evidence obtained in violation of a suspect’s or defendant’s constitutional protections is inadmissible in criminal court. If the violation did not result in the collection of evidence (i.e. if you were denied your right to a speedy trial or your right to know the evidence against you), then the violation could entitle you to have your case dismissed. Either way, in order to assert your rights, you will need to hire an experienced criminal defense attorney who can effectively argue your constitutional protections on your behalf. Speak with an Augusta, GA Criminal Defense Lawyer at Davis, Chapman, & Wilder, LLC Have you been charged with a crime in Georgia? Do you believe that the police or prosecutors may have violated your constitutional rights? To discuss your case with one of our experienced criminal lawyers, call our Augusta, GA law offices at 706-200-1578 or request a confidential consultation online today.

As you may have read, Georgia’s Hemp Farming Act, which Governor Kemp signed into law on May 10, 2019, is creating problems for state prosecutors when it comes to pursuing charges for marijuana possession. The Atlanta Journal-Constitution (AJC) recently reported that Gwinnett County – which is situated between Atlanta and Augusta – has been dropping misdemeanor marijuana possession charges dating back to the Hemp Farming Act’s date of enactment. According to the AJC, prosecutors there say that the law, “raises serious questions about how district attorney offices across Georgia can move forward with cases,” for marijuana possession. So, what’s the issue? According to prosecutors in Gwinnett County, while the Hemp Farming Act was intended to authorize licensed farmers to grow hemp for the production of medical low THC oil (which Georgia legalized in 2015), the law’s language is broad enough that it allows anyone to legally possess hemp in Georgia. While this is not necessarily an issue on its own, the problem lies in the fact that police and prosecutors do not currently have the technology needed to distinguish hemp from marijuana. Since both plants look and smell the same, the AJC reports Gwinnett County prosecutors are concerned that: “ raises questions about police officers’ ability to justify marijuana-related arrests. Predicating arrests and prosecutions on someone possessing a ‘leafy green substance’ or smelling like marijuana may no longer be enough if low-THC hemp can be legally possessed.” According to WSB-TV 2 Atlanta, a memo obtained from the Gwinnett County prosecutor’s office indicates the office will not be prosecuting marijuana cases until the Hemp Farming Act is amended. It also quoted Gwinnett County District Attorney Danny Porter as stating, “Every single marijuana case is now up in the air pending further action.”According to the news agency, “until a test becomes available, Gwinnett’s prosecutors believe the rest of the state will soon follow their lead.” Prosecutors are Dropping Misdemeanor Marijuana Possession Charges – For Now What does all of this mean if you currently have a marijuana charge pending in Georgia state court? Unfortunately, the answer is not as straightforward as it might seem from the media coverage. First, right now the decision not to prosecute marijuana cases appears to be limited to Gwinnett County. As of right now, there do not appear to be any other counties that have made the decision to stop prosecuting marijuana cases wholesale. Furthermore, even in Gwinnett County, the decision applies to misdemeanor marijuana possession cases only (involving possession of one ounce or less for personal use). Since felony drug crimes have a longer statute of limitations, prosecutors are still keeping these cases on the books. Second, after WSB-TV 2 Atlanta released its initial report, prosecutors in Gwinnett County responded with a statement that they believe they have now found two field testing devices that police can begin using to distinguish between hemp and marijuana. These tests would allow police officers to determine if a “leafy green substance” has a high level of THC consistent with marijuana. According to WSB-TV 2 Atlanta, police may have these devices in their hands “in a matter of months.” Third, while the Hemp Farming Act arguably legalizes possession of hemp in Georgia (not all lawmakers and prosecutors agree with Gwinnett County’s interpretation), possessing marijuana is still a crime under all circumstances. You can legally possession low THC oil for medical purposes if you have a Low THC Oil Registry Card from the Georgia Department of Public Health, but possessing or using any other form of marijuana – or possessing low THC oil without a registry card – is minimally a misdemeanor offense carrying the potential for up to a $1,000 fine and year in jail. If you are arrested with more than an ounce of marijuana (up to 10 pounds), you can be charged with a felony carrying up to a $5,000 fine and 10 years behind bars. Finally, even if other counties do decide to follow Gwinnett County’s lead, for the time being, the decision not to prosecute appears to apply only to marijuana in plant form. So, there are still many ways to be arrested and prosecuted for a marijuana-related crime. If you are caught with edibles, oils, tinctures, topical creams, or marijuana paraphernalia, prosecutors may still have the evidence they need to pursue your case. The same is true if you are arrested for driving under the influence of marijuana (or “driving while high”); and, if you have a growing operation or are caught selling, you will still be in violation of the law regardless of whether your product is marijuana or hemp (unless you have a license under the Hemp Farming Act). Defending Against a Marijuana Charge in Georgia So, marijuana is still illegal in Georgia, and the Hemp Farming Act is not the “get out of jail free” card many people were hoping for. What should you do if you have been charged with possession, sale, delivery, cultivation, or any other marijuana-related crime? Speak with an Attorney – As with any other crime, if you have been charged with possession, sale, delivery, or cultivation of marijuana, you should speak with an attorney right away. You should let your attorney deal with the police and prosecutors on your behalf; and, if you have an opportunity to avoid prosecution under the Hemp Farming Act, you will want to have your attorney raise the issue right away before circumstances change. Evaluate Your Potential Defenses – There are numerous potential defenses to criminal charges in Georgia. Even if you were arrested in possession of marijuana, this does not necessarily mean that you deserve to be convicted. For your consideration, we have published a list of 20 Potential Legal Defenses to Criminal Charges in Georgia. Avoid Assumptions and Other Costly Mistakes – While you cannot assume that you will have your charges dropped based on the Hemp Farming Act, you also must not assume that you will be found guilty at trial. There are other potentially costly mistakes you need to avoid as well; and, once again, the best way to protect yourself is to speak with an attorney as soon as possible. Request a Confidential Initial Consultation in Augusta, GA If you are facing prosecution for a marijuana crime in Georgia, you need experienced legal representation. To speak with a criminal defense lawyer at Davis, Chapman, & Wilder, LLC in confidence, call our Augusta, GA law offices at 706-200-1578 or contact us online today.