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.

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Georgia police provide a valuable service. They work hard, often placing their lives on the line, to serve and protect our society. Sometimes, though, they may get overzealous in their efforts. When police go too far and cross the lines they’re not supposed to cross, innocent people can suffer.

As a result, we need the police to follow the rules as much as they seek to enforce them. Unfortunately, that’s not always how things work, so it’s important to recognize the mistakes police sometimes make. That way defense attorneys can help hold them accountable and protect their innocent clients.

Mistake #1: No reasonable suspicion for a traffic stop

Many arrests start with traffic stops. Police frequently stop drivers and then arrest them for driving under the influence or drug possession. However, the police need to have a reason to stop someone. They can’t just stop anyone they want, anytime they want to.
A traffic stop is only justified if the police have a “reasonable suspicion.” Indeed, in the case of The State v. Walker, the Georgia Supreme Court clarified that the police must have “articulable suspicion” to “seize” a person, even briefly. The Court continued to say that articulable suspicion means having more than a hunch. It means having enough specific evidence that a reasonable person might believe the police had reason to interfere with illegal activity.

Without specific facts that might reasonably point toward illegal activity, the police likely do not have reasonable suspicion to stop someone.

Mistake #2: Illegal searches

The Fourth Amendment protects us from “unreasonable” searches and seizures. This is why police usually need warrants to enter someone’s house and search it. However, the Fourth Amendment doesn’t just apply to houses. It also applies to traffic stops and many other situations.

Police often overstep their limits when they search someone’s vehicle without a warrant, without permission and without probable cause. There are many exceptions to the requirement for a warrant, but they don’t always excuse police behavior. Sometimes police expect they’re conducting a search legally under one of the exceptions, but they’re mistaken.

Mistake #3: Improperly administered sobriety tests

Police need proper training to administer both field sobriety tests and breath tests. When they fail to administer these tests correctly, they can find signs of drunkenness where none really exist.

As a result, it’s important for people facing charges based on these test results to question whether the officer properly administered these tests. Field sobriety tests, especially, demand that officers make subjective decisions about what they observe. This means it’s also important to question whether the officer correctly interpreted what he or she saw.

Mistake #4: No probable cause for an arrest

The police must have reasonable suspicion to stop someone momentarily. But to arrest someone, they need an even stronger reason. Here, they need “probable cause.” Effectively, it means the police need to be able to point to enough specific evidence to argue that it is more likely than not that someone committed a crime.

The police need to present probable cause to a magistrate to receive a search warrant, and they need probable cause to make an arrest.
Importantly, the standard for probable cause is higher than it is for reasonable suspicion. Indeed, the Georgia Supreme Court noted there are three levels of interaction between police and citizens. Momentary detentions, such as traffic stops, are the second level and require reasonable suspicion. Officers often use these temporary stops to look for evidence to support full-scale arrests. This is because full-scale arrests are the third level, and probable cause is the dividing line between temporary stops and full-scale arrests.

Mistake #5: Unlawful interrogation

After the police arrest someone, they must remind them of their Constitutional rights before interrogating them. If you’ve watched crime shows, you likely know about your Miranda rights. You have the right to remain silent. You have the right to an attorney.

Police sometimes fail to remind people of their rights. They also sometimes fail to respect someone’s decision to invoke their rights.
Meanwhile, the police have a lot of freedom to pursue different tactics in their interrogations. They can even lie. There are some techniques they cannot use. These include torture, drugging, various threats and other types of physical or psychological coercion. Even though these techniques are illegal, the police often toe the line. They may deny someone food or drink, or even the bathroom, for hours before questioning them. It’s important to ask if these interrogations are valid or if they crossed the line.

It’s important to point out police mistakes

Getting stopped by a police officer can be a tense and intimidating experience. Even routine traffic stops for speeding can get your heart racing. In these situations, it’s often hard to stay calm and point out police mistakes. But it’s important to make sure the police are playing by the rules.

The U.S. Constitution and the Fourth Amendment exist to help establish a balance between our freedoms and the government’s need to do its job. Police who push too far are breaking that balance. They’re limiting our freedoms. You may not be able to correct the police in the heat of the moment, but you can remember your rights. You can remain silent and ask for an attorney. Then it’s your attorney’s job to point out any police mistakes and help you receive real justice.

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What limits do the police have when establishing a DUI checkpoint in Georgia?

Criminal laws can be complicated, and many people charged with crimes do not fully understand their rights and options in their own criminal defense cases. One primary example involved checkpoint for Driving Under the Influence (DUI) in Georgia.

Are there limits to what the police can do when setting up a checkpoint? Can they single someone out by setting up a checkpoint? Do you have any rights when coming into a checkpoint?

It is important to understand the basics of the laws regulating DUI checkpoint in Georgia. It could be the difference between a serious criminal conviction and going free.

DUI checkpoint requirements

In Georgia, a legal DUI checkpoint must be:

• Authorized: For a checkpoint to be legal, it must have proper signed authorization from the supervising officer with authority to make this type of decision.
• Identifiable: Police cannot set up a “hidden” or “secret” checkpoint. It needs to be clearly labeled as a checkpoint.
• Intentional: A checkpoint needs to have a specific purpose. It cannot be set up to simply check cars for any legal violations. A checkpoint can be set up to check for licenses, for safety of vehicles, or for evidence of intoxicated driving. But there needs to be a specific purpose for the checkpoint.
• Comprehensive: A checkpoint must not be selective. At a checkpoint, the police cannot examine one driver but let others pass. All drivers must get the same basic initial examination. However, the police can ask any individual driver to pull over for further inspection, but only if the police find some probable cause of criminal activity like driving under the influence.
• Efficient: Police checkpoints need to be set up in such a way that keeps traffic delays to a minimum. Searches need to be brief and efficient, and there should be some type of supervisory officer on scene to make sure things are flowing smoothly.

It is encouraging to know that the police face significant limitations on what they can do regarding checkpoints. These are just the most important limitations the police need to account for when establishing and executing a checkpoint.

Finding police error to benefit your case

The main point of these limitations on checkpoints is that you can use them if you have been charged with DUI.

The legal principle involved is called illegal search and seizure. Basically, if the police violate your legal rights to obtain evidence, any evidence they obtain is inadmissible in court.

In the matter of DUI checkpoints, violations of checkpoint regulations could render the checkpoint illegal, and thus any evidence the police obtain at the checkpoint would be inadmissible, leaving the prosecutor without the evidence needed to convict.

A skilled criminal defense lawyer can look at the details of a checkpoint to determine if there were any violations of checkpoint regulations.

For example, if you were the only one who was searched at the checkpoint, or if the checkpoint was not clearly labeled, your attorney could use this in court as an example of illegal checkpoint procedures. Even if there were undue delays at the checkpoint, it could be considered an illegal checkpoint.

The most important thing you can do is work with an experienced criminal defense lawyer to explore the possibilities of fighting your DUI charges. If you were arrested at a checkpoint, searching for possible checkpoint procedural violations could be a promising place to start.

Even if the evidence against you seems damaging, do not give up without a fight. Exploring the DUI checkpoint procedures could result in rendering the evidence against you inadmissible and avoiding a conviction.

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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.

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Search and seizures on someone who is walking down on the street: When are they legal?

Anyone who has been stopped by the police has had the same questions. What are the police allowed to do? Can they stop me for no reason? When they stop me, are they allowed to just search me however they want? Do I have any legal protections against illegal search and seizure?

There are, in fact, strict limits as to what the police are allowed to do regarding street side stops, searches and seizures. If you have been stopped by the police while walking down the street, you need to know your rights and understand what the police can and can’t do.

What is a search and seizure?

As Americans, we have a right to be free from unreasonable search and seizure, as guaranteed by the Fourth Amendment to the Constitution.

In general, for the police to stop someone and search them, or search someone’s property, etc., they need to have a search warrant. With a warrant, they can conduct a search that is limited to the scope of the warrant.

But, of course, in most cases involving police stops and searches on pedestrians, the police are proceeding without warrants.

Proceeding without a warrant: The reasonable suspicion requirement

Although the police are supposed to have a warrant, there are situations in which it is legal for them to stop a search someone without a warrant.

However, the police cannot stop you and search you for no reason. They need to have “reasonable suspicion” to justify the stop.

The case that has dictated the police’s reasonable suspicion requirement is Terry v. Ohio, 392 U.S. 1 (1968). In this case, the court determined that a police officer is justified in a warrantless stop and search is the officer has a reasonable belief that he or she, or the people around them, could be in danger from the person being stopped. In this circumstance, the police can conduct a reasonable stop and search to discover any weapons on the pedestrian’s person.

Once the stop is made, the police officer cannot hold you indefinitely. The stop must be limited to a reasonable time to conduct the search that warranted the stop. This means that the police cannot search you for a minute, then hold you there for no reason for two hours after the search.

Complications and exceptions

There are numerous complications and exceptions when it comes to the legality of stops, searches and seizures. All these nuances will depend on the specific facts of your case. If you have been stopped and searched, an experienced lawyer can help you determine whether the police action was legal, and what remedies you have available.

Why does this matter?

The reason these limitations on police action are so important is this: A violation of these rules could destroy their case against you in court.

The exclusionary rule

The exclusionary rule is simple. If an officer obtains evidence as part of a search that violates the rights of the person searched, that evidence is excluded in court. Without adequate evidence, the prosecuting attorney cannot win the case, so, in most cases, the charges are dropped.

Here’s a hypothetical example

A pedestrian is walking down the street alone. She is not making any sudden movements or acting suspiciously in any way. An officer stops her, and he pats her down. In the pat down, the officer discovers a bag of marijuana.

In the ensuing court case, the evidence of the marijuana in the pedestrian’s possession is excluded from the prosecutor’s evidence. Without this critical evidence, the prosecutor has nothing on which to base her case, and the defendant can go free.

What you should do

This is a simple example to illustrate how the exclusionary rule works in practice.

If you have been stopped and searched and are facing charges, and you are facing criminal charges as a result, you need to get help to defend your rights. A good lawyer will be able to break down all the facts of the stop and the search to determine whether there is any evidence of a violation of your rights which could result in the charges against you being dropped.

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When a serious accident arises, it is the first time for most people, so they don’t know what to expect in the process. Many questions arise. An experienced personal injury lawyer can answer your questions and help you understand your rights and options.

1. How long will the process take?

Every case is unique, so there is no way to accurately guess how long your case will take. Even the simplest settlement cases generally take at least a month or two.

A more complicated case, or a case involving a difficult defendant, could take a year or more.

The best thing to do is talk with a lawyer to determine how long your case might take.

2. Will I have to go to court?

Not necessarily. We settle most personal injury claims outside of court, so most of our clients do not have to see the inside of a courtroom.

3. How much does it cost for lawyer fees and expenses?

We take our cases on a contingency-fee basis. This means that our fee is based on a percentage of what we win for you at trial or in a settlement. Therefore, if we do not win, you do not have to pay any attorney fees.

4. Do I have to pay up front?

No. Again, since we work on contingency, you will only have to pay at the end of your case, and only if we win.

5. Do I have to sue a family member or friend if they caused the accident?

This is a little more complicated. Although technically, yes, the lawsuit would name your relative or friend if they are the liable party, the money will not come out of their pockets. In almost every personal injury claim, we are not seeking compensation from the liable party but from that party’s insurance company.

6. Do we have any connections with health care providers?

Yes. Our firm regularly helps clients find the best medical care for the injuries that have suffered.

7. Should I accept the settlement offer from the insurance agent?

No, you should not. Once you are sure your medical condition is stabilized, you should call a personal injury lawyer right away. Without legal representation, many injured people have accepted insurance settlement offers only to discover that the offer was inadequate to cover the true extent of damages and medical expenses. An experienced personal injury lawyer can protect your interests and make sure you get the maximum compensation award available.

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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.

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The holiday season is one of the busiest times of the year for police and prosecutors in Georgia when it comes to arresting and prosecuting individuals accused of driving under the influence (DUI). National statistics show that drunk driving-related accidents and deaths spike during the holiday season; and, as a result, law enforcement agencies in Georgia and across the country ramp up their enforcement efforts from Thanksgiving through the New Year.

So, what do you need to know if you have been arrested for DUI during the holidays in Georgia? First and foremost, the fact that DUI cases are more common this time of year does not mean that you can expect your case to be handled any differently than it otherwise would. The prosecutor’s office will fight for a conviction; and, if you are found guilty, the judge will not go easy on you in the holiday spirit. You need to hire an attorney who can defend you to the fullest extent possible; and, if you choose not to, then you need to be prepared to live with the consequences for years to come.

What Do You Need to Know if You Have Been Arrested for DUI in Georgia?

It happened. You got pulled over, and you got charged with a DUI. What do you need to know in order to defend yourself and avoid increasing your chances of getting convicted in Richmond County court?

1. In Georgia, a DUI is a Criminal Offense.

In some states, driving under the influence is prosecuted as a traffic offense. But, this is not the case in Georgia. Under Georgia law, DUI is minimally a misdemeanor. However, there are various circumstances under which a DUI can be a felony charge. For example, if you are being accused of causing an accident while driving under the influence, you could be facing felony penalties.

2. Your Breathalyzer and Field Sobriety Test Results Will Be Used Against You – Unless You Challenge Them Effectively.

When you got pulled over, did the officer who stopped you take a breath sample? Did he or she ask you to perform the field sobriety tests (FSTs)? If so, the prosecutor’s office will almost certainly use your test results against you – unless you find a way to challenge the accuracy or admissibility of your test results in court. While there will not be viable options for challenging breathalyzer and FST results in every case, there are several potential ways to argue that the prosecution’s evidence cannot be used to prove your guilt beyond a reasonable doubt.

3. Challenging Breathalyzer and FST Results is Not the Only Way to Fight a DUI Charge.

Challenging a breathalyzer and FST results is not the only way to fight a DUI charge in Georgia. In fact, there are several defenses that can be asserted even if your test results appear to clearly indicate that you were impaired at the time of your traffic stop. For more information on the defenses, you may have available, you can read:

• 10 Constitutional Protections that Apply in Georgia Criminal Cases
• 20 Potential Legal Defenses to Criminal Charges in Georgia

4. The Judge and the Prosecutor’s Office Will Not Raise Your Defenses for You.

As a defendant in Georgia’s criminal justice system, it is up to you to defend yourself. Neither the judge nor the prosecutor who has been assigned to your case is in a position to provide you with legal advice or to help you assert the various defenses you may have available. In short, it is up to you to defend yourself, and the most-effective way to do this is to hire an experienced DUI defense attorney to represent you.

5. Mistakes Can Be Costly.

Regardless of whether you are being charged as a first-time offender with a blood alcohol concentration (BAC) of 0.08 percent or you caused an accident and already have multiple DUI convictions on your record, making mistakes while your DUI case is pending can be extremely costly. For information about some important mistakes you need to avoid, we encourage you to read:

• 10 Mistakes to Avoid When Facing Criminal Charges (Including DUI) in Georgia

6. If You Cannot Avoid a Conviction Entirely, You May have Alternative Options Available.

Let’s say you were driving with a BAC above the legal limit, and your arresting officer carefully followed the letter of the law. The prosecution’s evidence is irrefutable, and it appears that there is a very strong chance you will be convicted at trial. If this is the case (which is not something you should ever assume on your own), then you may be able to participate in the Richmond County State Court DUI Court Program(or another similar program) in order to mitigate the consequences of your arrest.

7. Your Defense Needs to Take Precedence Over Holiday Planning and Travel.

It’s the holiday season. You want to spend time with your loved ones, and you might be thinking about traveling. While your DUI case does not need to consume your entire life, you do need to give it the time and attention it deserves. Among other considerations, if you have a court date scheduled for when you are planning to be out of town, you should be prepared to adjust your plans unless and until your attorney advises you otherwise.

While dealing with a DUI charge is a hassle, dealing with the consequences of a DUI conviction can negatively impact your life for years to come. To make sure that the impacts of your DUI arrest are no greater than necessary, contact Davis, Chapman, & Wilder, LLC to discuss your case today.

Speak with an Augusta, GA DUI Defense Lawyer at Davis, Chapman, & Wilder, LLC

For more information about protecting yourself after a DUI arrest in Richmond County, contact the Augusta, GA law offices of Davis, Chapman, & Wilder, LLC for a confidential consultation. To speak with one of our experienced DUI defense lawyers as soon as possible, call us at 706-200-1578 or inquire online now.

Tags: DUI Defense Lawyers
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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.

Tags: Criminal Charges
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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.

Tags: Criminal Charges in Georgia
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