Can I Get a Felony Reduced to a Misdemeanor in Augusta, GA?

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.