Decatur Criminal Defense Lawyer

Decatur Criminal Defense Attorney

It can be both scary and overwhelming to be charged with a crime of any kind, whether a misdemeanor or felony. Nobody wants to have either of those on their record or go through the long and arduous legal process of being tried and potentially convicted. If you are in this position, it is important to reach out to a Decatur, GA criminal defense lawyer as soon as possible so they can advise you on the next steps you should take.

Criminal cases can be quite time-sensitive, which means that you should not waste time taking action. If you have been accused of committing a crime, no matter how serious, you need effective counsel right away. Even an accusation you believe is minor could quickly turn into a situation in which you could face serious consequences if you are convicted.

The Fleming Firm is committed to crafting a robust, effective defense for every client facing criminal charges. Our law firm takes every case seriously and will do whatever it takes to reach a positive outcome for your circumstances.

Misdemeanors vs. Felonies

In Georgia, different crimes may be classified as either misdemeanors or felonies. Whichever category your accusations fall into is important and can shape the entire outcome of the case.

Misdemeanors are crimes that are classified as less serious than felonies, but are still serious enough to potentially land time in jail and come with hefty fines. Those who are charged with a misdemeanor will usually go through a jury trial in which they are able to have legal representation and provide a defense to the accusations they are facing. If found guilty, a misdemeanor could land someone with up to a year in jail and/or fines.

Felonies are considered to be the most serious crimes with severe consequences. They may be regarded as serious because the nature of the crime was violent and had excessive negative implications or because the crime was committed against a certain type of person, such as a child or high-level government official. Punishments for being found guilty of a felony crime can include life in prison and, in some states, even the death penalty.

Plea Bargains

Plea bargains typically take place in situations where the defendant in a case is guilty or admits to being guilty of the crime. The defendant and their lawyer recognize they are not likely to be found innocent or be let go without punishment. The goal of a plea bargain is to mitigate the penalties of the sentence the defendant will receive.

One important thing to note is that if you, as the defendant, plead guilty, you will not be subject to a trial. This means that the judge will continue forward with sentencing with the belief that you committed the crime, and there will be no examination of evidence or debate whether or not you were innocent. Your defense attorney can help you determine if this route would be beneficial for you in your particular circumstances.

Appealing a Verdict

Once you are convicted of a crime, it may seem as if there is nothing you can do. The decision has been made, and it is seemingly out of your hands to do anything more. However, there is an opportunity for you to appeal the verdict that was made. While this is not the equivalent of having a retrial, appealing can bring light to certain errors that were made during the original trial, which may have had an unfair effect on the outcome.

The process of making an appeal can be quite complex and should include the assistance and guidance of a knowledgeable attorney. Appeals are made to a higher court than the one where you were originally tried, which can take time and money. Some of the outcomes that may come from an appeal include a reversal of the conviction you were given, or you may even be awarded a new trial.

Double Jeopardy and Criminal Protections

One of the more profound protections found in the Constitution is the double jeopardy rule, which states that an individual cannot be tried more than once for the same crime. This helps to ensure that someone cannot be tried again and again until they are given a guilty sentence as well as ensuring that someone cannot receive undue punishment for their crimes. This includes cases in which new evidence arises after a sentencing has been given.

There are circumstances in which a person may be tried “again,” such as if the jeopardy of a case was not terminated because of a mistrial or hung jury. This would not be a case of retrial but rather of continuing the trial. Other examples include instances in which the defendant appealed the verdict and must be retried.

Evidence

The type of evidence that is presented in a criminal trial can have immense effects on the verdict that is reached. There are two main types of evidence which may be presented against you.

Direct evidence refers to evidence that cannot be argued against. In other words, it speaks for itself. This can include eyewitness testimonies, a confession from someone involved, forensic evidence such as fingerprints and/or DNA that was present, and more. Direct evidence can be extremely compelling to a judge and jury.

Circumstantial evidence is facts or realities that point to the likelihood or possibility of the defendant’s involvement or guilt regarding the crime. This type of evidence is not fool-proof, and a defense lawyer may be able to point out that this type of evidence is not sufficient beyond a reasonable doubt. Examples can include testimonies or inferences that suggest the defendant was involved or linked to the crime.

Impact of a Criminal Record

Unfortunately, being convicted of a crime may have implications that outlast the time you spend in jail or the fines you pay. There may be restrictions placed on your everyday life and activities once you are free. This all depends on the sentencing you received at your trial, the state in which you reside, and the nature of the crime you committed.

In Georgia, being convicted of a crime may limit or waive your right to vote. If you have been convicted of a misdemeanor, you will retain your rights to vote even from jail, but if you have been convicted of a felony, you will most likely not be able to vote until your sentencing is up, including while you are on parole or probation. There are some cases in which an exception may be made.

Regardless of what state you live in, if you have been convicted of a felony, you likely will not be able to possess a firearm and/or ammunition. There are also cases where a misdemeanor conviction involving domestic violence or assault resulted in a federal ban from owning firearms.

How a Criminal Defense Lawyer Can Help

A criminal defense lawyer can help in a variety of ways. Having an experienced, skilled criminal defense lawyer by your side can significantly increase your chances of a favorable outcome than if you attempt to defend yourself. Some benefits of enlisting help from a knowledgeable lawyer include:

• Reviewing and gathering pertinent evidence. A lawyer is someone who is regularly in and out of the courtroom and is, therefore, familiar with how juries and judges view various kinds of evidence. They can look over the prosecution’s evidence against you to determine if it has any flaws, as well as gather evidence, such as witness testimonies, that contribute to showing you are innocent or that casts doubt on your guilt.
• Representing you in court. Walking into a courtroom can be a very intimidating experience when you have been accused of a crime. A seasoned criminal defense lawyer can confidently represent you in the courtroom, giving you peace of mind that your future is in good hands.
• Informing you of your rights throughout each step of the process. It is important to remember that you have rights of your own and are able to make decisions throughout the process of being accused, going to court, and more. A defense lawyer can continually remind you of what these are and help you as you navigate the complex legal system.
• Allowing you to tell your side of the story. Your side of the story is just as important as the person who is accusing you of committing a crime. In order for you to receive a fair trial, all angles of the story should be heard by someone who is on your side, like the lawyer defending you. When it seems no one is listening to you, a defense attorney will remain by your side to ensure you are treated fairly.

FAQs

What Is Reasonable Articulable Suspicion in Georgia?

Reasonable articulable suspicion in Georgia involves the standard that must be met for a police officer to act on the suspicion that a person is either committing a crime or is about to commit a crime based on evidence that they see or hear. One example of this would be a police officer pulling over a car that has swerved into the other lane. While this act in and of itself is not illegal, it may be the reason for an officer to believe that the driver is impaired.

How Long Is Georgia’s Statute of Limitations?

The statute of limitations for crimes in Georgia depends on whether the crime is a misdemeanor or a felony and also on other relevant details of any given case. Misdemeanor crimes have a statute of limitations of two years, while felonies have a limitation of four years. However, factors such as a deadly weapon being present or the involvement of children may change this time frame. There are also certain crimes, such as murder, which may have different time limitations.

Does Your Criminal Record Clear After 7 Years in Georgia?

Despite what some may believe, there is no rule in Decatur, GA that makes a criminal record magically disappear after a certain time. However, there are certain ways you may be able to make your criminal records less accessible to just anyone. One way is by filing a request to expunge your criminal record with the state. While this will not completely erase your record, it can keep it from being seen by various individuals or groups in public.

How Far Back Can a Criminal Background Check Go in Georgia?

The Fair Credit Reporting Act is a law that restricts certain aspects of the background check process. One restriction is that liens, civil lawsuits, collections, and bankruptcies that are seven years old or older may not be reported. However, there may be exceptions. There is also a restriction on reporting arrests over seven years old that did not result in a conviction.

What Will It Cost to Hire a Good Criminal Defense Lawyer in Georgia?

The cost of hiring a good criminal defense lawyer in Georgia can vary significantly. Factors that can affect the cost of your case are the complexity of the case, whether or not it goes to court and the experience level and location of the attorney. At The Fleming Firm, we believe in affordable help when people need it most. We also have flexible payment options available.

The Fleming Firm, Your Criminal Defense Lawyer

Being accused of a crime is no small matter. The Georgia state law is broad in many ways, leaving a lot of room for interpretation. You need a lawyer who can build a strong defense case and cast reasonable doubt upon the accusations. The outcome of your case may depend on the presence of an experienced legal counselor advising you and aggressively representing you in court.

If you have questions about how we can help, reach out to The Fleming Firm today. We are happy to schedule a consultation with you to answer any questions you may have and to speak with you about the next steps we can take to craft a solid defense tailored to meet your needs.