There are multiple crucial decisions you need to make when you are charged with a criminal offense. The court system can be confusing and complicated to those unfamiliar with it. An experienced criminal defense attorney in Union City is vital to you winning your case.
At the Law Offices of Gilbert Sperling, III, P.C., we have years of experience as criminal defense attorneys. We know the law and are committed to ensuring our clients get the most favorable outcome in their criminal offense cases. Call us 404-418-7816, and we will evaluate your case to help you determine the best course of action.
The Rights Of A Criminal Defendant In Georgia
Regardless of the charges, you may qualify to sue the government if your constitutional rights are breached or violated during the criminal process. Additionally, you can use constitutional violation as a defense in your case. Below are some of your rights as a criminal defendant in Georgia:
The Fourth Amendment
Your rights under the fourth amendment dictate that:
- You are protected from unreasonable police seizures and searches
- To search you, police require a search warrant
The Fifth Amendment
The rights of a criminal defendant under the fifth amendment:
- Outlaws a second trial for the same crime, meaning you cannot be prosecuted again once you are acquitted of a crime after the trial.
- In felony cases, it requires a pretrial hearing by a grand jury
- Ensures compensation to individuals whose property has been taken by the government
- Guarantees fair proceedings if the government threatens you with loss of property, life, or liberty.
- Protects suspects from answering questions that may be used against them (you do not have to talk about a crime if it exposes you to criminal prosecution)
The Sixth Amendment
As per the sixth amendment, defendants in criminal cases are guaranteed the right to:
- Call witnesses in defense and have an attorney
- Be present or have their lawyer present when being testified against
- Be informed of the charges and the evidence
- A public trial (without unreasonable delays) by an impartial jury
The Eighth Amendment
Your rights under the eight amendment:
- Ban unusual and cruel punishment by government actors
- Requires judges to make the sentence fit your crime
- Requires the judge to set consistent and reasonable bail.
Have your constitutional rights been violated? Call a trusted criminal defense attorney near you at 404-418-7816 today.
What Is A Misdemeanor vs. A Felony In Georgia?
The different facts of your case will determine whether your crime is charged as a misdemeanor or a felony. In Georgia, misdemeanors and felonies are differentiated by the range of punishment depending on whether your crime is less severe or more serious. A felony is a more severe crime carrying more than 12 months sentence guideline. On the other hand, a misdemeanor is a less serious crime that will carry a maximum of 12 months in jail.
There are different misdemeanor categories depending on your crime’s severity and gravity. Full misdemeanors carry a heavier penalty than low-level misdemeanors. For instance, a first or second DUI charge is considered a low-level misdemeanor, while a third charge is considered a full misdemeanor. Note that a fourth DUI charge will be considered a felony.
Most common crimes, such as crimes against a person, sexual, property, theft, or DUI, are charged as misdemeanors or felonies. Ideally, the crime’s gravity determines whether it is a felony or misdemeanor.
Due to their severity, felonies have a longer statute of limitations. For instance, the statute of limitation for a felony crime committed against an adult is four years, while that committed on a minor can carry a time limit of up to seven years. Misdemeanors, on the other hand, have a statute of limitation of up to two years.
Whether you have been charged with a felony or a misdemeanor, your best option is to hire our Union City criminal defense attorney. We are committed to upholding your rights. Call us at 404-418-7816 for a consultation.
Should I Consult An Attorney Before Speaking To The Police?
Most individuals are never sure when is the right time to consult a criminal defense lawyer in Union City. You must consult a lawyer when you are being investigated or questioned by the police for a crime. Whether you are guilty or innocent, it would be best to consult a skilled lawyer before answering any questions. Police officers often put a lot of pressure on an individual, and you may end up saying something that incriminates you.
We do not recommend speaking to the police without consulting a lawyer, even if it concerns another person’s involvement in a crime. It would also be best not to plead guilty if you have been charged with a crime. Before you take a plea deal, ensure you consult a criminal defense lawyer at the Law Offices of Gilbert Sperling, III, P.C.
If you are a suspect or have doubts about the questions posed by the police, do not hesitate to consult attorney Gil.
What Is The Habitual Offender Law?
A habitual offender is an individual who is frequently convicted of criminal behavior and is considered to be a danger to society. As a result, penal systems worldwide give them lengthier imprisonment terms to protect society from them.
The law dictates that a habitual offender’s license shall be revoked, and it will be unlawful for such an individual to operate a motor vehicle in the state. If you are declared a habitual offender and are caught driving, it is considered a felony punishable with 1-5years in prison.
Being declared a habitual offender is not a light matter as it will drastically impact your life. We are familiar with the habitual offender law at the Law Offices of Gilbert Sperling, III, P.C. Our reputable criminal defense lawyers know how to defend against these cases and get a positive outcome. Call us 404-418-7816 and let us help you get a favorable result.
How Can A Lawyer Help Me?
Working with our criminal defense lawyer in Union City is essential if you are charged with a criminal offense. We are reputable attorneys with several years of experience working on similar cases. Attorney Gil will evaluate your case and determine how to help you reach a favorable outcome. Here is how an experienced criminal defense lawyer in Union City can help you:
Case preparations
The attorneys at the Law Offices of Gilbert Sperling, III, P.C. will help you with your criminal case preparation. We will help you compile the necessary evidence needed to help you get a favorable outcome. For instance, if we can prove your constitutional rights were violated, it can result in the evidence not being admissible in court and the charges being dropped.
Plea bargains
Prosecutors will always talk you into a plea deal; without a lawyer, you will likely plead guilty to avoid a trial. It is essential to consult our skilled criminal defense lawyers before taking a plea deal. We will do everything to ensure your case reaches a favorable outcome. If we have to, we will ensure we get you the best plea bargain.
Ability to gauge case outcomes
The attorney at the Law Offices of Gilbert Sperling, III, P.C., has extensive experience working on different criminal cases. We have seen it all and can determine a case outcome. Are you being charged with a criminal case? Call us at 404-418-7816, and we will evaluate your case and help gauge its outcome.
Knowledge of the law and court rules
While you can choose to represent yourself in court, you will likely not beat the charges. We have vast experience working on different criminal cases and know the law and court rules. We are proficient in the law and know what is and isn’t admissible in court. Hiring our skilled criminal defense attorneys is the best way to ensure your case gets the best outcome.
Trial experience
Working with a reputable criminal defense attorney is essential when charged with a criminal offense. Over the years, attorney Gil has worked on several criminal cases, garnering immense trial experience. Therefore, you can be sure that you stand a fair chance of getting a favorable outcome from your case.
What Is The Cost Of Legal Representation?
The cost of legal representation in a criminal offense case will vary depending on your case. Each case is different such that some require tedious investigation and review, while others require little analysis and record review.
Our attorneys will review the cost of legal representation with you during the initial free consultation. We will let you know the retainer you need to pay, when, and how other legal fees and costs will become due and payable. Please talk to us at 404-418-7816 to learn more about our cost of legal representation.
Is There A Benefit Of Having A Private Attorney vs. A Court-Appointed Attorney?
It would help to consider multiple factors when charged with a criminal offense. These can include whether to plead guilty or not guilty or take the plea deal offered by the prosecutor. However, the most critical decision is whether you want to use a private attorney or a court-appointed attorney. A court-appointed attorney is an attorney the court appoints to your case, whereas a private attorney is an attorney you select.
You will typically get a court-appointed attorney to represent you if you cannot afford to hire a private attorney. With a court-appointed attorney, you do not have the luxury of choosing who you want. If you are unsatisfied with the court-appointed attorney, you will find it difficult to get a new one. One of the primary benefits of hiring a private attorney is choosing whichever criminal defense attorney you want.
Other benefits of hiring a private attorney include:
They create time for you: It is beneficial to hire a private attorney because, unlike court-appointed attorneys, they create one-on-one time with you. Our criminal defense lawyer in Union City will make time to get better acquainted with you and find out information that can help your defense. This can help us determine any weaknesses in the prosecutor’s case that can help us get your charges reduced or get the case dismissed.
Can easily be contacted: You can easily contact us 404-418-7816 at our office, unlike court-appointed attorneys, who are often hard to reach. Additionally, you have the choice of contacting us and scheduling a meeting to help determine whether you want us to work on your case.
You hire them based on their reputation: Unlike a court-appointed attorney, you do not have to work with a private attorney if you are unsatisfied with their service. Private lawyers do a better job because they rely on making their clients happy to maintain their reputations. Based on clients’ feedback, attorney Gil is a skilled and reputable attorney who will ensure your case gets the best possible outcome.
More resources: Hiring a private lawyer means you have more resources to help with the case since you are paying for the legal service. At the Law Offices of Gilbert Sperling, III, P.C., we have a skilled team of attorneys ready to work on your case. We will prepare your case and come up with solutions that will ensure your case is dropped or you get your charges reduced.
Can You Represent Yourself?
You are entitled to represent yourself as long as you understand court proceedings, knowingly give up your right to a lawyer, and are competent. You can represent yourself in a criminal case if the judge determines you are legally competent. Multiple factors such as your age, familiarity with English, level of education, and the severity of your crime are what judges use to determine whether or not you are legally competent.
Before you represent yourself in your criminal offense case, ensure you educate yourself on the basics. These include reading about laws that apply to your case, exploring options that can solve the problem without going to trial, and ensuring you follow the appropriate court procedures of Union City, Georgia.
However, that you can represent yourself in a criminal case does not mean you should. Even if you believe you can handle the case, consider consulting an attorney first. Representing yourself is not the best idea, particularly because you lack the experience and training of a criminal defense attorney. Call us 404-418-7816 and let attorney Gil represent you.
Should I Accept A Plea Bargain?
Getting arrested can be a stressful and terrifying experience, and not knowing what to do may make you accept the first plea deal the prosecutor makes you. Before you take a plea deal, you must ensure that it is the best deal you are getting. Therefore, ensure you talk to an attorney first.
Whether or not you accept a plea bargain will vary depending on the specific facts of your case, the effects of a conviction on you, and the plea bargain being offered. Talk to our criminal defense attorneys at the Law Offices of Gilbert Sperling, III, P.C. We will help you establish whether or not taking the plea bargain is in your best interest.
Before accepting a plea bargain, consider the punishment you face for the reduced charges. Are you from Union City, Georgia, and are you facing criminal charges? Speak with our legal team. Our skilled criminal defense attorneys will help you establish the best course of action.
Appealing A Conviction In Georgia
A jury can convict you and find you guilty, but that does not mean your case is over. You maintain the right to appeal a conviction. You can file an appeal in Georgia requesting the sentence be overturned and granted a new trial. Most felonies are appealed in the Georgia Court of Appeals, whereas murder cases are appealed to the Supreme Court Of Georgia.
The first step to getting an appeal after conviction is filing your motion for a new trial within 30 days of the verdict. Filling for a new trial allows our lawyer time to request the trial transcripts and put together other evidence. A motion for a new trial also gives you the chance to try and convince the trial court to overturn the conviction and grant you a new trial.
Should the trial judge deny your motion for a new trial, you must file a notice of appeal within thirty days of the denial. After the case is docketed with the appellate court and the record prepared, the defendant and prosecutor prepare briefs and submit them to the court. The court will issue a decision afterward.
Call The Skilled & Experienced Criminal Defense Attorney In Union City Today!
Being charged with a criminal offense and getting convicted can impact your life significantly. Therefore, hiring a criminal defense lawyer with the resources and time to assess your case and help you build the best legal defense is vital. At the Law Offices of Gilbert, III, P.C., we practice criminal defense law and ensure our clients get a favorable outcome on their cases.
Are you or a close family member facing a criminal charge? Call us at 404-418-7816 and let attorney Gil help you get through your case.
