Mistakes that Can Lead to Criminal Charges
If you are suspected of committing a crime, you need a criminal defense attorney in Atlanta, GA. Learning that you may be suspected of committing a crime can be nerve-wracking, and can even cause people to say and do irrational things. Panic can quickly set in as you begin to stress over how you can cooperate with law enforcement while also ensuring that you do not incriminate yourself. What are Common Criminal Law Terms?
The reality is that the days leading up to and surrounding a criminal charge can be incredibly stressful. As a result, many people do things that are damaging to their case. Hiring a criminal defense attorney from The Lynch Law Group – Attorney at Law early in the game can prove to be beneficial. Not only will you have a skilled Atlanta, GA criminal defense attorney standing beside you, you will have experience you can trust. We can help prevent you from saying or doing anything that could harm the outcome of your case by always keeping your interests at the forefront.
What Type of Sentencing Should I Expect for a Criminal Misdemeanor?
During sentencing, having a criminal defense attorney in Atlanta, GA is imperative to getting you the best outcome. If you are found guilty of a criminal misdemeanor, a judge will determine the sentence you receive. How the judge perceives you becomes extremely important and he or she will take note of your behavior during each of your appearances. The Lynch Law Group – Attorney at Law can guide you through how best to present yourself in and out of the courtroom.
Your sentencing will depend on many things, and that includes any past criminal history and whether your history includes misdemeanor or felony convictions. If you commit the same crime for which you’ve previously been found guilty, a judge may have less compassion for your circumstances. A misdemeanor can be upgraded to a misdemeanor of a high and aggravated nature when the offender is found guilty of the same crime multiple times.
When sentencing for misdemeanors, Georgia law is very clear. In Georgia, misdeamenors are punishable by a maximum of 12 months in county jail; a fine of up to $1000; maximum county jail and fine; or a maximum of 12 moths in a state correctional facility. Misdemeanors considered to be of a high and aggravated nature have a higher fine threshold of up to $5000. Any time spent in the confinement of jail or a treatment facility as a result of your charges will count toward your sentencing as time served.
Just because you are found guilty does not mean you will be given the maximum sentence of jail or fines. Often, first time offenders may receive a suspended sentence or probation. The court can even work with offenders by allowing them to serve time on weekends or while they are away from work.
Receiving probation comes with monthly fees and additional services such as counseling or community service can be required. Because these requirements can have a negative impact on your quality of life, it’s imperative that you have a criminal defense attorney in Atlanta, GA on your side.
Other things to consider if you are found guilty include your ability to find employment, volunteerism, government assistance, and certain professional licenses. Having a criminal defense attorney in Atlanta, GA, provides you the best odds with receiving a sentence that won’t hinder your lifestyle. The Lynch Law Group – Attorney at Law can help negotiate the sentence that is best for your situation.
When and How to Plead Guilty
Following an arrest, the suspect goes before a judge to hear the charges against him and respond by entering a plea. If this has been you or might be in the future, a Criminal Defense Attorney in Atlanta, GA can appear with you and advise you to plead not guilty or guilty. If you believe yourself innocent and the evidence against you is weak, your defense lawyer will advise you to plead not guilty. Your case then goes to trial, and it is incumbent upon the prosecution to prove your guilt.
However, if there is strong evidence supporting the prosecution’s case, you may be advised to plead guilty or nolo contendre. Although all of these amount to a conviction, there are certain differences. There are also reasons why you may wish to use one of the latter two.
What is Nolo Contendre?
Although a Criminal Defense Attorney in Atlanta, GA will fight hard for a client who maintains his or her innocence, there may be times when it is best to cut one’s losses and try to get a reduced sentence. One of the best ways to do this is to spare the state the time and expense of a jury trial. It is comparable to an out-of-court settlement in a civil lawsuit. A defendant being sued realizes the preponderance of evidence is against him, so he offers the plaintiff a smaller amount of money to go away. At the same time, that defendant does not have to admit liability.
A nolo contendre plea has the same effect in a criminal case. You may still believe and even proclaim your innocence, but there is a strong chance that the prosecution can prove its case beyond a reasonable doubt. Often, the prosecution will offer a defendant a plea deal as an incentive. You are not admitting guilt, but you are willing to own up to the consequences.
Why Else Would I Plead Nolo Contendre?
Sometimes, a criminal act can also incur civil liability. As mentioned above, pleading nolo contendre doesn’t mean you are admitting guilt. On the other hand, a straight guilty plea is a confession. For example, say you were borderline intoxicated when you struck someone while driving. You are charged with DUI; meanwhile, your victim is preparing a lawsuit. A Criminal Defense Attorney in Atlanta, GA would advise you to plead nolo contendre so the plaintiff cannot use your plea as evidence.
Common Mistakes People Make
The last thing you want is to say or do something that has an impact on the outcome of your case. Unfortunately, it is all too common for a person with pending criminal charges to make a mistake either by something they have said or their actions leading up to a criminal charge.
Without a criminal defense attorney, this can carry on throughout the entire legal process. Why set yourself up for failure? The Lynch Law Group – Attorney at Law will not only develop a legal strategy based on your case, they can also provide you with damage control. The following are common mistakes people make when they find they are accused of a crime:
- Allowing police to search your vehicle or property without a search warrant. It’s easy to want to cooperate with law enforcement when they are asking you if they can take a look around. Do not allow them to do this without a proper warrant in place to do so. They could find something in your home that is illegal or suspected evidence that you weren’t aware of. The same goes for evidence they may directly ask for such as DNA, clothing, etc. Always speak with an Atlanta, Georgia criminal defense attorney before you turn over this type of evidence to law enforcement.
- At the end of the day, family and friends will always have the advice to offer. Only accept advice from an attorney. They are trained to navigate these types of situations. Don’t let someone lead you down the wrong path.
- Hire a criminal defense attorney in Atlanta, GA sooner rather than later so that you can have a professional supporting you through the legal process. The last thing you want to do is go before the courts without an attorney present.
- Be open and honest with your attorney. They can help you strategize any problems that come up. Blindsiding them with new information as it surfaces in a case will not allow for them to effectively strategize during a trial.
Your Legal Rights When Arrested
Anyone who is arrested is guaranteed certain rights. These rights should be explained to you at the time of your arrest, but they can be confusing. To be certain that your rights are not infringed upon, you should know what they are in advance. If your rights are violated, chances are good that your case might be thrown out entirely. Consult with a trusted criminal defense attorney in Atlanta, GA, like the team at The Lynch Law Group – Attorney at Law.
The Miranda Warnings
You have probably heard the Miranda warnings before. These are the most famous four rights that everyone has when arrested. They are:
- The right to remain silent
- That anything you say can be used as evidence against you
- The right to an attorney
- The right to an attorney even if you cannot afford one
The first two rights are related to each other. The right to remain silent means that you do not need to answer any questions if you do not want to. This also means you cannot be forced to use a lie detector or be interrogated. The second right is more like a warning. It lets you know that anything you say is on the record. You can no longer say something and assume it is private.
The last two rights are also related to each other. Essentially, they mean that everyone can have legal representation, regardless of whether they can afford a lawyer. No one can be forced to represent themselves or be tried without a real defense. If you cannot afford an attorney, then you will receive a public defender for free. You can waive this right if you plan to hire a private criminal defense attorney in Atlanta, GA.
A criminal defense attorney in Atlanta, GA can explore the details of your case and represent you in court. Every state handles the rights of arrested individuals differently. The Miranda warnings are universal in the US, but other rights may depend on the state in which you were arrested. For the most part, however, these rights are also universal:
- The right to a telephone call – You can let someone know where you are. Unlike how television depicts it, you do not just get one call. If it doesn’t go through, you can make another call.
- The right to the company during an investigation – It is not legal for the authorities to force someone to be interrogated alone. If desired, a friend or attorney can be present.
- The right to an interpreter – This applies if you speak a different language.
- The right to humane treatment – When in custody, you must receive food, water, shelter, and medical treatment.
If you think your rights have been violated, you should speak with a criminal defense attorney in Atlanta, GA.
Misdemeanor Charges in Atlanta, GA
Criminal charges can be terrifying. You’re not sure how it’s all going to play out and you don’t know how it’s going to impact your life moving forward.
Uncertainty is cause for concern. Uncertainty could lead to bad results. Uncertainty could potentially be changed by having the right criminal defense attorney in Atlanta, GA to aggressively defend you.
What is a misdemeanor?
A misdemeanor is different from a felony, determined by sentence. A felony is any crime that is punishable by more than one year in prison; whereas, a misdemeanor is any crime punishable by up to one year in jail. Bear in mind, that doesn’t mean this is the only sentence you face. Misdemeanors often include probation, fines, and community service.
Common Misdemeanor Crimes
Misdemeanors include a wide range of crimes. Common crimes include:
- Driving under the influence
- Assault and battery
- Possession of a controlled substance
Many other types of misdemeanors aren’t as common. No matter your specific charge, working with the experienced team at The Lynch Law Group – Attorney at Law can give you a leg up you need to have your charges reduced.
Can Felonies be Reduced to Misdemeanors?
Absolutely. But this doesn’t happen on its own. You need the services of a skilled and trusted criminal defense attorney in Atlanta, Georgia to negotiate with the state. Prosecutors succeed when they convict people of charges. Reducing your charges is not something a prosecutor will do without being pushed.
Your charges could be reduced by a plea bargain. This is when you plead guilty to a lesser offense. Usually, you’ll end up receiving a lighter sentence, less time on probation, or both. But again, this isn’t something that happens without a trusted Atlanta, GA criminal defense attorney standing by your side. The Lynch Law Group – Attorney at Law is ready to be the aggressive advocate you need.
What Happens if I’m Found Guilty?
If you’re found guilty, you will likely have a criminal record. When an employer is looking to hire you, they will find your criminal record which might even cost you the job.
You avoid this situation by speaking with The Lynch Law Group – Attorney at Law today. We have helped many clients just like you avoid the embarrassment and financial hardship of a guilty verdict. While you can get your criminal record expunged in certain circumstances, that takes a long time and lots of money. It’s better to fight from the beginning and get a better result than trying to fight after you’re already found guilty.
Aren’t Lawyers Expensive?
It might be more expensive if you don’t hire a good criminal defense attorney in Atlanta, GA. Misdemeanors are not as serious as felony charges but they can still negatively impact your life. From the embarrassment to the financial hardship, a misdemeanor charge is something you want to avoid.
The best way to avoid this and get your life back on track is to speak with an experienced criminal defense attorney in Atlanta, GA today. We have helped many clients just like you overcome misdemeanor charges.
We may be able to help you avoid jail time, reduce your probation, and reduce your fines. All of this means you can get your life back and get that new job without fear that you’ll lose the opportunity because of a misdemeanor conviction.
You’re also under a time constraint so don’t delay. Contact The Lynch Law Group – Attorney at Law today. We have the experience you deserve and the results you can trust.
Do I need an Atlanta, GA criminal defense attorney for drug possession?
Some states aggressively prosecute for drug offenses, even if the accused had a very small amount on them at the time of the arrest. Those who have been arrested and now must face a possession charge may want to obtain legal representation from an Atlanta, GA criminal defense attorney right away. The fact is, the judicial system tends to heavily frown upon those who have been caught with drugs in their possession. It may take assistance from an attorney to get you through this process less vulnerable. Drug possession charges can come along with steep repercussions. So understandably, many of those arrested want to find out what the immediate steps are to help protect their freedoms and finances.
Possession of Controlled Substances
Anyone who has a drug on them that is on the controlled substances list, may be at-risk for an arrest and serious charge if caught. The only exception may be if they have a valid prescription from a doctor that says this specific drug is permitted in a certain quantity. In some cases, an officer may attempt to charge the accused with an increased charge if they believe he or she had the intent to sell. This can be particularly true for people who have a large supply of narcotic drugs.
The consequences for a drug possession charge can be based on several factors, including the following:
- Whether the accused has a history of criminal behavior, specifically drug-related offenses.
- The type and quantity of the drug found.
- If the accused had enough for personal use only, or there is evidence of intent to distribute.
Potential Alternative to Jail Sentencing
If the accused hires an Atlanta criminal defense attorney, the next step is probably going to be focusing on creating a strong defense case. An attorney may try suggesting to the judge for the accused to enroll in a rehabilitation program instead of serving time behind bars. Drug offenders who complete the program may be able to avoid further repercussions. The accused may be eligible for this option if the offense was non-violent, there are no outstanding warrants, and no prior felony charges within a few years before this recent arrest.
Those who have been arrested for a drug possession charge may be scared and anxious about what their future holds. It is important to not forget that even though you were arrested, you are still considered innocent until proven otherwise. After hiring an attorney, a few defense strategies that may be utilized can entail:
- The accused was a victim of an illegal search and seizure committed by law enforcement.
- The accused was not in actual possession of this drug.
- The accused was charged with an inaccurate amount of possession.
Repercussions for Felony Drug Possession
A person who was arrested and now faces drug possession on the felony level must consult with an experienced criminal defense attorney as soon as possible. If the conviction were to happen, the person may lose his or her ability to get hired, participate in voting, get approved for loans, and much more. With a criminal record, the future, finances, and freedom of a person are on the line.
Work with The Lynch Law Group – Attorney at Law so that we can guide you and prevent some of these common mistakes from occurring. We are dedicated to helping our clients through the justice system.
Facing a criminal charge and the court process to follow can be overwhelming. You will want to make sure that you handle the whole thing well so that you do not further incriminate yourself during the process. The Lynch Law Group – Attorney at Law can guide you through interviews with the police and navigate you through the court system with ease. Take some of the fear and anxiety you may have for the future by obtaining our services. A criminal defense attorney Atlanta, GA clients recommend can help strategize and manage the stressors that you are faced with.
Qualities to Look for in a Criminal Defense Attorney
If you’ve been accused of a crime, it’s in your best interest to hire a criminal defense attorney Atlanta, GA residents trust. An attorney can help protect your legal rights and improve the chances of a favorable outcome in your case. Here are several qualities you should look for in an attorney:
- Specific Experience: If you’re in trouble with the law, you shouldn’t just hire any criminal attorney to take your case. The attorney you choose should have experience handling similar cases. For example, if you have been charged with a DUI, you will want to hire a lawyer who has at least several years of experience assisting people with DUI charges. If you hire an attorney who only has experience handling theft or assault charges, he or she might not have the skills necessary to help you.
- Compassionate: Getting charged with a crime can be very traumatic. You’re worried about the possibility of going to jail and how the charge can affect your future. That’s why it’s very important to have a compassionate attorney on your side. Your attorney should sympathize that you’re going through a very stressful ordeal right now and offer words of encouragement. Although your attorney shouldn’t make any promises, he or she should tell you that he or she will do everything possible for a successful outcome.
- Good Communication Skills: It’s critical for a criminal defense attorney in Atlanta, GA to be very communicative. He or she should actively listen to what you have to say and answer your questions. Your attorney should explain legal terms in a language you can understand.
- Persuasive: Persuasiveness is one of the most important characteristics a criminal attorney can possess. Your lawyer will need to persuade the judge and jury that you’re innocent of the crime you’re accused of.
- Assertive: A criminal attorney may spend considerable time negotiating with the prosecutor. That’s why you should work with an assertive attorney. Your lawyer should know how to stand his or her ground and not allow the prosecutor to take advantage of you.
- Available: It’s not enough for your criminal defense attorney in Atlanta, GA to be skilled and experienced. If your lawyer is handling too many cases and doesn’t have enough time for your case, you won’t be getting a fair deal. You deserve to be updated frequently about your case. Your attorney should return your messages within 24 hours.
Criminal Defense Attorney Atlanta, GA
If you’ve been accused of a crime then it is in your best interest to contact a criminal defense attorney in Atlanta, GA that is trusted. An attorney is going to do what it takes to help you through your case, guilty or innocent. They can help protect your legal rights, and make sure everything runs as smoothly as possible with your case.
However, there are plenty of bad attorneys out there that can make this process harder. You can trust that The Lynch Law Group – Attorney at Law team has the reputation to help you through your case. What do you need to avoid in hiring an attorney to fight for you though?
Signs of a Bad Attorney
The justice system is confusing and complex to most people, and just like any profession, you have your good and bad attorneys. There are a few steps you can take that will help you end up with the right attorney for your needs and avoid any costly mistakes. Here are the signs you should avoid when hiring someone to defend you:
- Responsiveness: A good judge of how your case will be handled is how easy are they to get a hold of. Are you waiting for days on a response or do they contact you as quickly as possible? If you can’t ever get a hold of your attorney then chances are that they are not a good one. If you can get a hold of them are they good at communicating or do you find yourself with more questions than answers.
- Talking: Bad attorneys love to hear themselves talk. Are they asking you questions about your case or are they just talking about how they will handle it? Bad attorneys won’t ask questions they will just tell you what they are doing. If you aren’t impressed with them and feel comfortable then imagine how the other people will feel listening to them talk.
- Guarantees: If you have been given a guarantee of the outcome of your case, then you have a bad attorney. If they are making promises like “I’ll get that evidence thrown out” then it is in your best interest to move on. It is an ethical violation for an attorney to scare you into hiring them too. A good attorney will explain the legal procedures, strategies, and possible case outcomes with you, even the less than favorable outcomes.
- Reputation: Does your attorney have a good reputation? If you search online you could find reviews. If those reviews are low then you should move on. Another place to look is the state bar website. It should tell you if your attorney has ever been disciplined. If they have, then walk away from that attorney. Being disciplined is not a good thing. Judges will take note and many don’t look kindly at those who have been disciplined.
Why You Need a Criminal Defense Attorney
If you are facing criminal charges, you are probably wondering if you should hire a criminal defense attorney in Atlanta, GA. This can be a difficult thing to consider and for some people, they are instantly put off by the potential costs and fees that come along with hiring a lawyer. However, in most cases and instances the monetary fees that you would be paying are minimal compared to the life-altering costs that you could be faced with because you did not have the best possible defense. There are several reasons why hiring a criminal defense attorney could be beneficial to you and your case.
First, hiring a criminal defense attorney in Atlanta, GA means that you will have an experienced attorney who understands how the judicial system works on your side. We all know how confusing the legal system can be for the everyday person. Lawyers spend years studying and gaining the knowledge and experience to get the title of a criminal defense lawyer. This means that they understand and know the intricate workings of the court systems and can offer you guidance through the process based on your case. Usually, a lawyer will be able to provide you with a step-by-step guide of how your court proceedings could be like.
Second, you most likely have been working in their legal field for a long time and they have been able to develop relationships with their counterparts (prosecuting attorneys) over that time. What does it mean to have a lawyer who has a positive relationship with an adversary? It means that this positive relationship with the adversary could allow for your lawyer to negotiate a better plea deal or negotiate an affordable bond. This could be very beneficial to the outcome of your case and your life.
Third, a criminal defense attorney in Atlanta, GA from The Lynch Law Group will be able to fight for you and your future. If possible, your criminal defense attorney could fight to get your charges reduced, your penalties lessened, or even get your case dismissed if any police errors arise while illegally obtaining evidence against you. If your attorney can reduce your charges that means you could keep a felony off your criminal record which could ultimately jeopardize your life and livelihood. Reducing any possible penalties could keep you from jail and prevent you from losing your job. And if getting your case dismissed altogether could save your life from the massive impact that a criminal conviction could have had on your life.
Lastly, when you seek consultation from a criminal defense lawyer they will be able to help you envision a plan on how they can help you with your case. They can advise you on the possible outcomes of your case. They will understand the type of penalties that you could be faced with and will advise you on the steps that you should take to make sure you are prepared for such outcomes. An attorney will be able to identify when and if taking a plea deal from prosecutors could be in your favor.
These are just a few reasons why hiring a criminal defense attorney could be in your best interests and benefit your future life.
Call The Lynch Law Group today.
Finding the right criminal defense attorney in Atlanta, Georgia can be difficult. There are plenty of hoops you have to jump through just to find one that works with you. What you can know though is that The Lynch Law Group has you in mind when going through a case. We know that your case matters and we will do everything we can to help you. If you are searching for an attorney who will treat you right then don’t hesitate to contact us today.