If you are under investigation or have been arrested and charged with a criminal offense, it is imperative that you hire an aggressive and experienced criminal defense attorney in Fairburn right away. Depending on the charges, you could face prison time and steep fines.
The potential consequences of a conviction go beyond legal penalties. A criminal record can affect your employment opportunities, your ability to hold certain professional licenses, access to loans, housing options, and eligibility for educational programs. You can lose certain civil rights and driving privileges. With stakes being this high, having skilled legal representation is a must.
Attorney Gil of the Law Offices of Gilbert Sperling III, P.C is committed to defending the rights of those facing criminal charges. Whether you are guilty or innocent of the crime you are being accused of, our team will fight to ensure the most favorable outcome for you. This may be a complete dismissal of your case or a significant reduction of the number/severity of the charges and potential consequences.
Contact us today at 404-418-7816 to get the best legal representation in Fairburn.
What Are Your Rights as a Criminal Defendant in Georgia?
As a U.S. citizen facing criminal charges, you are entitled to certain rights under the Constitution. A criminal defense attorney in Fairburn, GA will help to ensure that your rights are protected.
When you retain our services, we will also determine whether all due procedures were followed by the criminal justice system and whether any of your rights were violated. If any of your rights were violated in your investigation and arrest, this can be used to secure your freedom.
Fourth Amendment Rights
The Fourth Amendment provides protection from unreasonable searches and unjustified seizures by law enforcement agents. It stipulates that the police need a warrant to search your person or property. Police must obtain a search warrant from a judge and must have probable cause.
Any evidence collected against you in violation of the Fourth Amendment is inadmissible in court.
Fifth Amendment Rights
The Fifth Amendment protects criminal suspects against self-incrimination. It provides you with the right to remain silent while under police custody and during your trial. These are known as Miranda rights. Before any questioning, the police must read you your Miranda rights. However, they are not required to do so before an arrest.
Any information you provide to the police before an arrest with/without your Miranda rights being read to you can be used against you. However, while under police custody after an arrest, any information collected from you without first being read your Miranda rights is not admissible in court.
The Fifth Amendment also protects you against double jeopardy. This means that you should not be put on trial more than once for the same offense.
Sixth Amendment Rights
The Sixth Amendment guarantees your right to a speedy and fair trial before a jury of your peers. It also provides the right to legal representation or the right to an attorney.
You also have the right to know the nature of the charges and evidence presented against you. The Sixth Amendment also gives you the right to know and question your accuser and witnesses in court.
Eighth Amendment Rights
The Eighth Amendment protects people convicted of a crime against excessive fines or bail amounts and cruel and unusual punishment. It also prohibits the court from handing down harsh punishments based on any prejudices or personal feelings they may have against the defendant.
What Is a Misdemeanor vs a Felony in Georgia?
Crimes in Georgia are grouped into two categories based on the severity of the crime: misdemeanors and felonies. A misdemeanor is a less severe crime compared to a felony and carries less severe consequences.
If convicted of a misdemeanor, you may be sentenced to up to 12 months in jail and/or a fine not exceeding $1,000. Common misdemeanor charges include possession of less than one ounce of marijuana, shoplifting, and first-time DUI.
Georgia also has a special category of misdemeanors known as high and aggravated misdemeanors. The maximum fine for a high and aggravated misdemeanor is $5,000. The maximum jail time remains one year though.
A felony is punishable by a minimum prison sentence of one year and goes up to life in prison. Murder with aggravating circumstances is punishable by death. Some examples of felonies include rape, aggravated assault, and robbery.
Should I Consult a Lawyer Before Speaking to the Police?
It is absolutely crucial that you call a criminal defense attorney in Fairburn, GA as soon as you are put under police custody. You have the right to remain silent. Before any questioning, the police will read you your Miranda rights. Anything that you say going forward can and will be used against you in court.
Also, keep in mind that the police are well-trained to get a confession out of a suspect. You may give them what they need even without knowing. Thus, it is crucial to have an attorney with you during the questioning.
What Is the Habitual Offender Law?
Georgia treats repeat offenders less favorably than first-time offenders. This law allows the judge to hand down more severe punishment to a defendant based on the presence and number of previous convictions.
In Georgia, if you’ve been convicted of three or more major offenses within a span of five years, you are considered a habitual offender and may expect additional prison time and fines for your current offense.
How Can a Criminal Defense Attorney in Fairburn Help Me?
There are a number of roles that a criminal defense attorney takes on to help ensure the best outcome for you.
Case Preparation
Once you reach out to us and retain our services, we will start working on your case immediately.
We will evaluate the details of your case and help you understand your situation. We will then conduct a comprehensive investigation which will include interviewing witnesses and working with relevant experts to gather as much evidence as possible to put up a strong defense for you.
Plea Bargains
Over 90% of criminal cases are resolved through plea bargains. Here, the defendant voluntarily agrees to plead guilty in exchange for reduced charges or a reduced sentence. Your attorney will help to determine whether entering a plea bargain is the best option for you, and will negotiate with the prosecutor to ensure the most favorable terms for you in your situation.
Ability to Gauge Case Outcomes
An experienced and knowledgeable attorney will be able to more accurately predict the outcome of your case and advise you accordingly. They will help you to determine whether it is better for you to enter a plea bargain or fight your case in court.
Knowledge of Law & Court Rules
Attorney Gil of the Law Offices of Gilbert Sperling, III has in-depth knowledge of the law and Georgia criminal judicial system. This puts him in a better position to identify any inconsistencies and violations of your rights that may be used to have the case against you thrown out.
As an experienced lawyer, he understands how prosecutors and judges operate, which gives you an advantage.
Trial Experience
If the prosecution doesn’t present a favorable plea agreement offer, or if your attorney deems that you have better chances in court, they will prepare to fight your case in court. Attorney Gil has extensive trial experience and a has a proven track record of winning cases in court.
What Is the Cost of Legal Representation?
How much it will cost you to retain the services of a criminal defense lawyer in Fairburn, GA will depend on a wide range of factors including the nature and severity of your case, your financial status, the experience level of your attorney, and whether or not the case goes to trial.
Some attorneys charge a flat fee while others are on a retainer fee basis. If you can’t afford to hire a private criminal defense lawyer, you have the right to a court-appointed attorney.
Is There a Benefit to Having a Private Attorney vs. a Court-Appointed Attorney?
There are a number of disadvantages that come with using a court-appointed attorney, also known as a public defender.
At any given time, public defenders will have a large number of cases on their hands. Since they have to divide their limited time and resources among many different cases, they are unable to provide you with the quality and personalized service that you deserve.
Their primary focus will be to get through the process and may not have the will to fight hard enough to ensure the best possible outcome for you. They may pressure you to accept a plea bargain that doesn’t take into account your best interests.
Private attorneys take on only a limited number of cases and have access to more resources than public defenders. They will be able to provide you with the personalized and high-quality legal representation that you need to ensure the best outcome for you. They are prepared to fight for your rights and freedom to the very end.
Can You Represent Yourself?
Yes, you have the legal right to represent yourself in a criminal case. However, this is highly ill-advised. Without an attorney and a skilled one at that, you are almost always guaranteed of getting a conviction and suffering even more severe consequences than you would with an attorney.
Prosecutors often measure their success based on the number of convictions they get and going up against someone who has no knowledge of the law and judicial system is their biggest pleasure. They will tear your defense apart with no effort at all, and recommend harsh penalties.
Should I Accept a Plea Bargain?
The circumstances surrounding every criminal case will be different. Whether or not you should accept a plea bargain will depend on the specific details surrounding your case as well as the amount of evidence against you.
Your attorney will assess the terms of the plea bargain presented and determine whether it is in your best interest. They will also help to negotiate for a better deal.
Keep in mind that accepting a plea bargain means that you plead guilty to the offense. Thus, it will go on your criminal record.
Appealing a Conviction in Georgia
Being convicted of a criminal offense doesn’t mean that you are out of options. Georgia state law gives individuals convicted of a crime the right to appeal the ruling.
You can do this by filing an appeal with the Georgia Court of Appeals. However, if you’ve been convicted of murder, you should file your appeal with the Supreme Court of Georgia. Attorney Gil will help you through this process.
Reach Out to an Experienced Criminal Defense Attorney in Fairburn!
Facing criminal charges is one of the scariest life experiences. Besides facing lengthy prison sentences and steep fines, you risk losing your job and future employment opportunities, having your education interrupted, damaging your reputation, and suffering other unwanted consequences.
Your best option is to hire an experienced Fairburn criminal defense attorney. Besides fighting hard in court to prove your innocence, an attorney can convince the prosecutor to drop the case even before charges are formally filed, negotiate for a favorable plea agreement, and help you avoid jail.
Attorney Gil and our team at the Law Offices of Gilbert Sperling, III will fight for the best outcome in your case. This may be a complete dismissal of your case or a reduction of the charges and potential consequences.
Give us a call today at 404-418-7816 to set up a free case review. The sooner you get us involved the better the chances of success.
