Criminal cases have become rampant in Atlanta, Georgia. For instance, in March 2022 alone, over 400 criminal defendants were convicted in courts for misdemeanor and felony cases. The experience can be traumatizing if you do not have a criminal defense attorney to represent you in court.

A professional Atlanta criminal defense lawyer should represent you in court and advice you on every trial step to ensure you get a fair sentence. The lawyer also helps you negotiate a plea bargain if needed. If you are not satisfied with the ruling, you can always hire an attorney to file an appeal.

At Diaz & Gaeta Law, our Atlanta criminal defense attorneys are experienced in handling your case and getting you a favorable judgment. For many years, we have defended the residents of Atlanta against various criminal charges. Our attorneys are well-versed in state and federal criminal law and are committed to your success.

Llama a nuestro Atlanta law firm now at 678-503-2780 to discuss your case with a reputable criminal defense attorney.

What Are the Rights of a Criminal Defendant in Georgia?

Every time you get arrested by police in Georgia, you always have several legal rights that protect you. Here are some of these rights.

La Cuarta Enmienda

La Cuarta Enmienda prohíbe a las fuerzas del orden realizar registros o incautaciones injustificadas. Establece que la policía necesita causa probable para detenerlo y realizar un registro injustificado.

La policía debe obtener una orden judicial antes de realizar cualquier registro o incautación. También estipula que las pruebas obtenidas por medios ilegales no son admisibles ante los tribunales.

La quinta enmienda

La Quinta Enmienda abarca una serie de protecciones importantes para las personas que enfrentan cargos criminales, entre ellas:

• Protección contra la autoincriminación (derecho a permanecer en silencio).
• Protección contra el doble enjuiciamiento (ser procesado dos veces por el mismo cargo criminal).
• El derecho a un juicio justo.
• El derecho a un juicio por jurado.

La Sexta Enmienda

Según la Sexta Enmienda, los acusados deben ser informados de los cargos penales que se les imputan. También garantiza el derecho a un juicio público sin demora. Según la Sexta Enmienda, los acusados también tienen derecho a conocer a sus acusadores y a confrontarlos.

Esta enmienda también garantiza su derecho a representación legal (el derecho a un abogado). Si no puede costear uno, el tribunal debería proporcionarle uno. Según esta enmienda, la fiscalía está obligada a revelar cualquier prueba en su contra que se presente ante el juez y el jurado. Cualquier prueba presentada por la fiscalía ante el tribunal que no se haya mencionado previamente contraviene la Sexta Enmienda.

La Octava Enmienda

La octava enmienda garantiza su derecho a pagar la fianza y lo protege contra fianzas o multas excesivas, así como contra castigos crueles o inusuales. Esta enmienda prohíbe a los tribunales imponer castigos irrazonables basados en sentimientos o prejuicios personales contra el acusado.

What Is a Misdemeanor vs. a Felony in Georgia?

Many states, including Georgia, distinguish a misdemeanor and a felony depending on the potential jail sentence length. Below is a good definition of how Georgian courts define the two terms:

Felony

In Georgia, a felony is a crime with a sentence of over one year. Georgia does not grade felonies, and most jail sentences for felonies range from one to twenty years. However, sometimes the court can impose a life sentence or the death penalty if you committed a capital crime. You get to serve your sentence at a state prison after a felony conviction.

Misdemeanor

A delito is a less severe crime than a felony, with a maximum fine of around $1,000 and a maximum jail sentence of fewer than twelve months. Georgia courts usually break down a misdemeanor case depending on its severity to get a fair verdict. If you are guilty of a misdemeanor case, you will serve your sentence in a local or county penitentiary.

Should I Consult an Atlanta Criminal Defense Lawyer Before Speaking to the Police?

Yes, always! Anytime you are arrested in Georgia, you have the right to remain silent until an attorney comes to listen to your case. You can always refuse to give out any information to the police without the help of an attorney. An attorney comes in handy in this case to ensure that the police will not use your words to testify against you.

¿Qué es la Ley del Delincuente Habitual?

You are referred to as a habitual offender if you commit and get charged for a particular crime several times. In such a case, the court has the right to punish you with a severe sentence, as indicated by the Three Strikes section.

In Georgia, the habitual offender law dictates that the sentence should be given per the crime. However, the penalty may sometimes include hefty fines, intense rehab programs, and supervised probation.

How Can a Criminal Defense Lawyer Help Me?

A lawyer is essential every time you get arrested or charged with a crime. An Atlanta criminal defense lawyer will assist you in doing the following:

• Prepare Your Case: A criminal defense lawyer is skilled in focusing on the unique facts in your case rather than the arguments presented. The lawyer can help you consistently organize the facts to win the case.
• Bargaining for a Plea: If you feel that the sentence imposed on you is unfair, your criminal defense lawyer can always bargain for a plea to reduce your sentence. However, the lawyer will strive to get the case resolved to limit your conviction chances.
• Gauge the Trial Outcomes: A lawyer evaluates your charges and the presented evidence to devise an appropriate defense for you. The attorney advises you on each trial step to make the case easy.
• Representing You in the Trial: A criminal defense lawyer will present you in court during your trial. The attorney works tirelessly to get a positive outcome in the trial using impeccable negotiation skills.

What Is the Cost of Legal Representation in Georgia?

Generally, it is hard to determine how much a conviction will cost you. Georgia has different types, and the various criminal defense lawyers charge different amounts depending on the type of case.

Are There Benefits to Hiring a Private Atlanta Criminal Defense Attorney vs. Working with a Court-Appointed Attorney?

You have two options whenever you need an attorney to represent your case in court. One, you can hire a private attorney or request for a public defender, or rather a court-appointed attorney.

However, it would help if you understood that most public defenders are faced with overwhelming cases. They usually have simultaneous dozens of cases, and they can generally make mistakes when representing your case due to the limited time gathering the required evidence.

Most cases represented by public defenders usually end up in bargain pleas due to heavy workloads. The US Courts site estimates that more than 90% of the cases represented by public defenders end up in bargain pleas.

It would help if you always considered getting a private attorney when arrested. Don’t let a public defense attorney determine your fate! Let our criminal defense lawyers in Atlanta fight for your freedom.

¿Debo aceptar un acuerdo con la fiscalía?

Sometimes, the plea bargain works in your interests, but it deters you from appealing. If you accept the offer, the judge usually gives a lighter sentence but decides on the penalties to impose on you during the incarceration.

Our defense attorneys will strive to advise you on whether to accept a plea bargain during the trial. We will also negotiate for the offer if you face severe crimes and the judge fails to grant the plea bargain freely.

Apelar una condena en Georgia

You can always appeal your case in Georgia if you are unsatisfied with the sentence of the first ruling. Our reputable lawyers will help you file an appeal and negotiate to have your verdict overturned or reduced. You should understand that the process is not very simple as it involves some necessities.

You must file a Motion of a New Trial or Notice of Appeal 30 days after your first sentence. Our criminal defense attorneys at Diaz & Gaeta Law will assist you in filing either of these forms. We will then go through the proceedings of your original trial to create a list of the possibilities of appealing and come up with meaningful ideas to help you win the appeal.

Protect Your Constitutional Rights & Freedom With Unmatched Legal Representation In Atlanta

Facing criminal charges, whether felony or misdemeanor, is quite overwhelming. We can help you in court with representation and negotiations. Our criminal defense lawyers in Atlanta specialize in all matters regarding criminal charges.

En Díaz & Gaeta Law, we pride ourselves on being passionate about winning, and we will strategize from multiple angles to give us an advantage in winning your case. Do not hesitate to contact us anytime you have a criminal charge in Atlanta, Georgia. We are just a call away! Contact us at 678-503-2780 para programar una consulta gratuita.