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When you are charged by the police or a government agency with a criminal offense, you face the threat of a large fine, jail time or both. Georgia criminal defense lawyers help represent you in such circumstances. There are many different kinds of criminal charges, but some general guidelines apply when considering your options for legal representation. Here are some things to keep in mind if you need to consult a GA criminal defense lawyer.
The criminal court process
There are three different kinds of criminal charges:
• Felonies refer to the most serious kind of crimes, such as murder and rape. In Georgia, some felonies can lead to the death penalty if you are found guilty.
• Misdemeanors are less serious crimes, such as aggravated assault or drunk driving.
• Infractions are minor legal violations, such as speeding tickets.
Because infractions can generally only result in a small fine, you are not entitled to free representation by GA criminal defense lawyers if you are cited for one. However, felonies and misdemeanors can result in large fines, jail time or death. Because of the seriousness of the charges, if you cannot afford private legal counsel, a judge will appoint a Georgia criminal defense lawyer to advise you throughout the legal process.
When you are charged with a crime, your first appearance in court comes during an arraignment hearing. At this time, you should already have a Georgia criminal defense lawyer ready to advise you. During this hearing:
• The prosecution will formally list the charges against you
• You will have the option of pleading “guilty,” “no contest” or “not guilty.”
• The prosecution may be prepared to offer you a plea bargain in exchange for “no contest” or “guilty” plea. A Georgia criminal defense lawyer can evaluate whether you should accept their offer or not.
• Bail may be set. This means you have to pay a certain amount to be released from legal custody. A Georgia criminal defense lawyer can argue for the amount requested to be lowered or stricken down altogether.
If you decide to plead “not guilty,” your case will advance to trial. This does not necessarily mean you and your GA criminal defense lawyer will have to appear in court. During the pretrial process, there will be many opportunities to put an end to the case:
• The prosecution and defense must regularly exchange evidence in the “discovery” phase. After examining this, a Georgia criminal defense lawyer may be able to demonstrate there is not enough proof the prosecution can present in court that could be reasonably expected to lead to a guilty sentence. If any procedural errors are uncovered in how evidence was collected against you, these can also be grounds for a motion to dismiss the case.
• At any point during this process or before a verdict is issued, the prosecution and GA criminal defense lawyers may be able to negotiate a mutually acceptable plea bargain.
• A twelve-person jury will be selected. Georgia criminal defense lawyers are present during the jury formation process to question all potential members and make sure no one with potential bias is allowed to serve.
If your case is not dismissed, you will then appear in court. During this phase, Georgia criminal defense lawyers will make the strongest possible case on your behalf. An attorney may decide you should testify on your behalf. After the prosecution and Georgia criminal defense lawyers have presented their cases, a jury will issue a verdict.
Should you be found guilty, a sentencing hearing will be scheduled to determine your punishment. During this procedure, the prosecution will present the case for a strong sentence. GA criminal defense lawyers will present all the mitigating evidence in your favor and argue for a lesser sentence. If there is a good chance your verdict may be overturned because of a legal or procedural error committed during the trial, attorneys may choose to appeal.
Finding a Georgia criminal defense lawyer
After you are charged with a crime, you may either consult with an attorney whose services you have already retained or with the pro bono counsel you have been appointed. People who have the financial resources may consider hiring the private services of a GA criminal defense lawyer to help defend themselves.
At no point in the legal process are you required to make use of an attorney. People of sound mind are free to represent themselves in a “pro se” capacity. However, because the consequences of a conviction can be serious, most people will benefit from listening to the advice of a publicly appointed or privately retained GA criminal defense lawyers.
If you decide you want to seek out private counsel, ask friends and family if they can refer you to a specialist in defending against your particular charges. Before agreeing to meet with any Georgia criminal defense lawyers, be sure to look up their disciplinary records online to make sure they are in good legal standing. Do not be swayed by hyperbolic advertising guarantees.
Prepare for an initial consultation with any GA criminal defense lawyers you schedule a meeting with by assembling all the documents that have a bearing on your case. You should be prepared to answer all questions you are asked in detail without withholding any information you feel may damage your case. In turn, any GA criminal defense lawyer you talk to should answer all of your questions, such as:
• What kind of specialized experience do you have with the kinds of charges I am facing?
• If you are not qualified to represent me, can you refer me to a more experienced Georgia criminal defense lawyer?
• How long will it take to resolve my case?
• What are the potential consequences if I am found guilty?
During your initial consultation, receive a detailed, written timeline of how your case will proceed, as well as an estimate of costs you will be liable for. Clarifying these details at the outset will help create a strong working relationship between you and any GA criminal defense lawyer you decide to hire.