Atlanta Criminal Defense Lawyer

Being charged with a crime, whether a minor traffic offense, a DUI, a misdemeanor or a serious felony, is likely one of the most stressful situations you will experience. However, even if you are charged with a seemingly minor offense, it is imperative that you seek legal advice to guarantee the best outcome of the case; otherwise, you could face serious consequences.

If you are charged with any crime, contact Deming law firm right away. We have decades of experience defending the rights of individuals. The more proactive you are, the more time our attorneys will have to thoroughly investigate and prepare the best possible defense, which can result in a quick and favorable resolution of your case.

Advocating for Your Legal Rights

Our Atlanta criminal defense lawyer team at Deming Law boasts a diverse and extensive background in criminal defense, covering a wide array of cases from the simplest misdemeanors to the most complex felonies. Each attorney in our Atlanta office brings a deep understanding of criminal law, combined with an intimate familiarity with the local court systems and their unique procedures.

Our expertise is not just about legal knowledge; it’s about a commitment to tailoring our defense strategies to the specific details of each case, ensuring that our clients receive the most effective representation possible.

Types of Criminal Charges

The types of criminal charges you might be facing in Atlanta are vast and varied, and a deep understanding of these charges is essential for crafting an effective defense. Here are some of the common types of criminal charges that our team is adept at handling:

• DUI/DWI offenses: We will scrutinize the cases, challenge the accuracy of the tests, and question the legality of the initial traffic stop, ensuring that every option is explored for your defense.
• Drug-related crimes: The spectrum of drug-related offenses, ranging from simple possession to complex trafficking charges, demands a meticulous examination of the evidence and a thorough understanding of search and seizure law. We are committed to rigorously scrutinizing every piece of evidence, challenging any legal missteps in the search and seizure process, and exploring all possible options for alternative sentencing or charge reduction.
• Assault and battery: These charges often arise from situations with intricate personal dynamics and require a defense that delves into the context of the incident, the intentions of all parties involved, and any potential claims of self-defense, ensuring a comprehensive approach to your case.
• Theft and burglary: Property crimes such as theft and burglary can range in severity, but each case demands a detailed examination of the circumstances, the evidence at hand, and the intent behind the actions.
• Traffic offenses: We can help you with major or minor traffic related tickets or charges.

At Deming Law, you’re not just receiving legal representation; you’re gaining a team that deeply understands the law, values your freedom, and is committed to fighting for your future.

DUI Criminal Charges

Today, the enforcement and punishment for the offense of DUI is much more serious than in the past. A conviction for a first time DUI carries minimum sentences, including loss of license, jail time, and community service. Each subsequent DUI involves increasingly severe minimum sentences and may involve an ignition interlock device, the surrender of your license plates, and having your picture published in the newspaper.

While the circumstances of each case differ, in general, a police officer must have a reasonable suspicion for stopping your vehicle. The officer must then show probable cause to arrest you for DUI. This may involve roadside field sobriety tests or an officer’s observation of your driving prior to stopping you. After arresting you, the officer will read you Implied Consent warnings, advising you of your rights to a State test of your breath or blood, as well as the option of an independent test of your own choosing. Each of these actions may provide a basis for successfully challenging the charge against you.

It is possible to have your license suspended before even going to court. After the arrest, the officer is supposed to submit a report to the Department of Public Safety indicating the circumstances of your arrest. If you do not request a hearing before the Department of Public Safety within ten days of your arrest, your license will be suspended for at least one (1) year, depending on your driving record. If this occurs, the only way to regain your license is to win the DUI case in court or have the charge reduced to a non-DUI charge.

If you are faced with a DUI charge, contact the attorneys at Deming law firm immediately, so we can ensure your rights are protected and your case receives the best possible outcome.

What Are Your Legal Options After Facing Criminal Charges?

When you’re faced with criminal charges in Atlanta, understanding your legal options is crucial for navigating the path ahead. The legal system offers a framework, outlined in the Georgia Code, with options with its own set of procedures and potential outcomes.

Plea Bargains and Negotiations

One of the most common paths in criminal cases is the plea bargain. This process involves negotiating with the prosecution to plead guilty to a lesser charge in exchange for a more lenient sentence or, in some cases, the dismissal of other charges. Plea bargains can be a strategic choice, especially in cases where the evidence against you is strong, or the risks of going to trial are too high.

Going to Trial

Choosing to go to trial is a significant decision. It involves presenting your case before a judge or jury, who will then determine your guilt or innocence based on the evidence. The trial process is complex and requires thorough preparation, including gathering evidence, preparing witness testimonies, and developing a strong defense strategy.

The decision to go to trial should not be taken lightly. It requires a careful consideration of various factors, such as the strength of the prosecution’s case, the potential consequences of a guilty verdict, and the likelihood of a favorable outcome. An experienced defense attorney can provide invaluable guidance in making this decision, ensuring that you are fully informed of the risks and benefits.

Pre-Trial Motions and Hearings

Before a trial begins, there are often pre-trial motions and hearings. These are opportunities for your defense team to challenge the prosecution’s case. For example, motions to suppress evidence can be filed if there’s reason to believe that the evidence was obtained unlawfully.

These hearings can significantly impact the course of your trial, as they can lead to key pieces of evidence being excluded, which might weaken the prosecution’s case.

Alternative Sentencing and Diversion Programs

In some cases, especially for first-time offenders or for less serious crimes, alternative sentencing or diversion programs may be available. These programs are designed to provide rehabilitative opportunities instead of traditional punishment. They might include community service, rehabilitation programs, or educational courses. Successfully completing these programs can sometimes lead to the charges being reduced or dismissed.

Post-Conviction Appeals

If you are convicted, you have the right to appeal the decision. An appeal is not a new trial but a request for a higher court to review the case for legal errors that could have affected the outcome. The appeals process can be lengthy and complex, requiring a detailed examination of the trial record and the identification of potential legal errors.

Your attorney will be your advocate, working tirelessly to protect your rights and strive for the best possible outcome.

Understanding the Criminal Justice System in Georgia

The legal system includes various stages, from investigation and arrest to trial, sentencing, and, in some cases, appeal. Each phase is governed by specific Georgia laws, ensuring that the process adheres to legal standards and protects the rights of the accused.

Arrest and Initial Proceedings

Under Georgia law, particularly O.C.G.A. § 17-4-20, an arrest can be made with a warrant issued upon probable cause or without a warrant under certain conditions, such as when a crime is committed in the officer’s presence. This initial step triggers the criminal justice process, leading to the accused’s first appearance before a judge. Here, the charges are read, and rights are explained, setting the stage for the legal journey ahead.

The Right to Counsel

One of the fundamental rights enshrined in both the U.S. Constitution and Georgia law is the right to legal representation. The system explicitly provides for the right to counsel in criminal proceedings, ensuring that defendants have the opportunity to be represented by an attorney, including the provision of public defenders for those unable to afford private counsel.

Bail and Pretrial Release

Following an arrest, the issue of bail is often addressed. Georgia’s bail laws, detailed in O.C.G.A. § 17-6-1, outline the conditions under which bail may be granted or denied. Bail serves as a mechanism to ensure that the accused will appear at future court dates while allowing them to remain free prior to trial. The decision to grant bail involves considerations of the nature of the crime, the evidence against the accused, and the risk of flight.

Discovery and Pretrial Motions

The discovery phase allows both the defense and prosecution to exchange information and evidence related to the case. This phase is critical for preparing for trial, as it enables both sides to assess the strength of their case and strategize accordingly. Pretrial motions, such as motions to suppress evidence or dismiss charges, can significantly impact the course of the case and are often based on legal and procedural grounds.

Trial and Sentencing

The trial is the opportunity for the prosecution and defense to present their evidence and arguments before a judge or jury, which will then render a verdict. If the verdict is guilty, sentencing will follow, with penalties determined based on the nature of the crime, the defendant’s criminal history, and other relevant factors outlined in Georgia’s sentencing guidelines.

Appeals

The right to appeal a conviction or sentence is a critical aspect of the criminal justice system, providing a mechanism to challenge legal errors or procedural issues. Georgia’s appellate procedure outlines the process for filing an appeal, including the grounds for appeal, the timeline for submitting an appeal, and the procedures for appellate review.

Differences Between a Felony and a Misdemeanor

Criminal offenses are primarily categorized into two distinct classes: felonies and misdemeanors. This classification is not just a matter of legal terminology; it signifies a fundamental difference in the nature of the offenses and the severity of the penalties they carry. According to the type of offense you face, your lawyer will consider different strategies on your favor.

Felony

Felonies are considered the more serious category of offenses and are characterized by their severe consequences. In Georgia, felonies can result in punishments that include imprisonment for more than one year, substantial fines, or even the death penalty for the most egregious crimes. These offenses include many types of criminal activities, from violent crimes like murder and aggravated assault to white-collar crimes and serious drug offenses.

The impact of a felony conviction is far-reaching, altering one’s right to vote, own firearms, and secure employment. Given the stakes, the defense strategy in felony cases must be aggressive and meticulously planned.

Misdemeanor

Misdemeanors, while less severe than felonies, still carry significant legal repercussions. In Georgia, these offenses can lead to jail time of up to one year, fines, community service, probation, or a combination of these penalties. Misdemeanor offenses include but are not limited to, petty theft, simple assault, minor drug possession, and traffic violations.

Despite their relatively lighter penalties, misdemeanors can still have a lasting impact on an individual’s criminal record, potentially affecting future employment, education, and housing opportunities. The approach to defending against misdemeanor charges often involves negotiating plea deals, seeking alternative sentencing options, or fighting the charges in court to avoid the consequences of a conviction.

Building a Strong Defense Strategy

Crafting a robust defense strategy is key for anyone facing criminal charges in Georgia. At Deming Law, our approach to defense is comprehensive, ensuring that every client benefits from a tailored and effective legal strategy.

Here’s how we build a formidable defense:

1. Comprehensive case analysis: We begin with a thorough review of the charges and evidence, identifying any weaknesses or inconsistencies in the prosecution’s case.
2. Gathering and analyzing evidence: Our team diligently collects all relevant evidence, including witness statements, surveillance footage, and forensic reports, to build a strong factual foundation for your defense.
3. Expert consultations: We collaborate with forensic experts, medical professionals, and other specialists to provide authoritative insights that can challenge the prosecution’s narrative and support your defense.
4. Strategic legal motions: We file pre-trial motions to suppress evidence obtained unlawfully, dismiss charges due to insufficient evidence, or seek other legal remedies that can significantly impact the outcome of your case.
5. Aggressive negotiation with prosecutors: Leveraging our deep understanding of Georgia’s criminal justice system, we negotiate with prosecutors to reduce charges, minimize penalties, or, when possible, secure a case dismissal.
6. Meticulous trial preparation: For cases that proceed to trial, we prepare rigorously, organizing evidence, coaching witnesses, and developing compelling arguments to present to the jury.
7. Post-trial advocacy: If necessary, we explore all options for appeal or post-conviction relief, continuing to fight for your rights and freedom even after a trial verdict.

At Deming Law, our dedicated team of criminal defense attorneys is committed to defending your rights and securing the best possible outcome for your case. With a strategic approach and relentless advocacy, we stand ready to navigate the complexities of the criminal justice system on your behalf.

How Our Criminal Defense Attorney Can Protect Your Rights

At Deming Law, our criminal defense attorneys in Atlanta are dedicated to protecting your rights and ensuring the best possible outcome for your case. We provide comprehensive legal analysis, strategic defense planning, and skilled negotiation to advocate effectively on your behalf. Whether it’s negotiating plea bargains, or representing you at trial, our team is committed to safeguarding your future.

If you find yourself struggling with criminal charges, remember that you don’t have to face them alone. Our attorneys are here to offer the support, clarity, and robust defense you need. To learn more about how we can assist you or to schedule a consultation, please contact us.