Finding a reliable criminal defense attorney in Smyrna, GA is your #1 task when you or a loved one is charged with a criminal offense. The criminal justice system in Georgia is quite complex, and you need a reputable and experienced lawyer to navigate the system and protect your legal rights in the process. Many people search Google for “Smyrna criminal defense lawyers” when looking for the best candidate to handle the case. Your extensive research is crucial to finding the best attorney to defend your side of the case.
Diaz & Gaeta is your trusted law firm in Smyrna, GA to handle your case and reduce the impact of the charges as much as possible or have them dropped altogether. The main job of our criminal defense lawyer is to fight the State’s effort to penalize you by creating a permanent criminal record.
You don’t have to go through this ordeal alone when you can select the best criminal defense lawyer to represent your case. When a top criminal defense lawyer from Diaz & Gaeta represents your case, you or your loved one is assured of everything possible being done to assert your defense.
The criminal defense lawyers at Diaz & Gaeta have achieved some of the best possible outcomes on behalf of their clients without even setting foot inside a courtroom. Our expert team does this through careful analysis and thorough preparation. We have helped many clients facing criminal charges with great knowledge, respect, and understanding of state, federal, and local laws.
Call Diaz & Gaeta today at 678-329-9084 to schedule your free consultation.
What Are Your Rights as a Criminal Defendant in Georgia?
If you have been arrested for a potential crime, you may wonder what rights you have. There are many rights given to criminal defendants by the U.S. Constitution. Here are the most important rights a criminal defendant in Georgia has:
The Right to Remain Silent
This is part of the Miranda Rights that the law enforcement officer may read to you upon your arrest. Here is how to use the right to remain silent correctly. First, once you request counsel, law enforcement is supposed to stop talking to you. Second, you can invoke the Fifth Amendment right which states that the criminal defendant doesn’t have to testify or incriminate him/herself.
The Right to Confront Witnesses
The Sixth Amendment allows you to confront any witnesses against you during your trial. The witnesses should face the scrutiny of the jury and be allowed to be cross-examined by the defendant’s lawyer.
The Right to a Jury Trial
The Sixth Amendment also gives the defendant the right to a jury trial. It lets the defendant to be judged by a group of peers rather than just the court.
The Right to Adequate Representation by an Attorney
You have the right to retain a lawyer to handle your case. If you can’t afford one, the courts should appoint a qualified lawyer to represent you. In fact, in addition to retaining a lawyer, you also have the right to adequate representation by that lawyer.
What Is a Misdemeanor vs a Felony in Georgia?
The difference between a misdemeanor & felony in Georgia can be described as being charged with a less serious crime vs. being charged with a more serious one. In fact, a misdemeanor is a minor offense while a felony is a more serious offense.
A misdemeanor carries a maximum fine of $1000 and a maximum of 12 months in jail in the state of Georgia. The fine can vary depending on the crime committed. Misdemeanors are usually broken down by the gravity and severity of the crime. High & Aggravated Misdemeanors carry heavier penalties compared to a Simple misdemeanor – you might be charged a fine of up to $5000 or more for serious crimes.
On the other hand, a felony in Georgia carries a sentencing guideline of more than 12 months. Most felonies in the state carry a punishment range of 1 to 20 years in prison.
Should I Consult a Lawyer Before Speaking to Police?
Criminal defense cases are complex. You should always consult a lawyer before speaking to the police when you are charged with a criminal offense. These lawsuits should be handled with utmost care because if you say the wrong thing while you are being arrested, it can be held against you in a court of law.
A qualified and experienced criminal defense lawyer in Smyrna will advise you on what to say and what not to say to the police. The experienced criminal defense lawyers at Diaz & Gaeta can help reduce the impact of the charges as much as possible or have them dropped altogether.
What Is the Habitual Offender Law?
The Habitual Offender law allows a judge to impose a more serious sentence on repeat offenders. In fact, the offenses you have, the severe the sentences are going to be according to this law. Georgia law defines a habitual offender as anyone who has been convicted of at least three major offenses in the last five years.
How Can a Smyrna Criminal Defense Lawyer Help Me?
Facing a criminal charge is considered a frightening prospect for any citizen of Georgia. Most defendants become clueless as to what they should do under such circumstances. The best way to face a criminal charge is to work with a reliable and experienced criminal defense lawyer in Smyrna GA.
Here is how a lawyer can help you when you are facing criminal charges in Smyrna, GA:
- Case Preparation – A good lawyer can help you with proper and effective case preparation by interviewing witnesses and filing the right documents.
- Plea Bargains – Plea bargains are a way that a case can get resolved. It’s a pretrial agreement between the defendant and the prosecution (the state of Georgia).
- Ability to Gauge Case Outcomes – Criminal defense lawyers have handled hundreds of criminal cases and are in a position to gauge your case outcome.
- Knowledge of Law & Court Rules – They are knowledgeable about Georgia’s criminal laws and court rules.
- Trial Experience – The team of criminal defense lawyers at Diaz & Gaeta has extensive trial experience to take your case to trial if necessary.
What Is the Cost of Legal Representation?
All criminal cases are different. How much you can expect to pay for a private criminal defense attorney will vary depending on a number of factors including the type of case, the severity of the crime, the experience of the attorney, and your financial status. If your case goes to trial, you will end up paying more.
But all in all, if you are unable to afford your own criminal defense lawyer, you still have a right to a public defender.
Is There a Benefit to Having a Private Attorney vs a Court-Appointed Attorney?
Yes. Private lawyers are not appointed by the court. They are personally selected by the defendant or his or her family. In fact, a private lawyer should rely on satisfied clients in order to maintain their business and reputation. This will provide them an incentive to do a better job to satisfy the client.
Can You Represent Yourself?
In a criminal case, if you can’t afford a lawyer, the court will appoint a lawyer to handle your case (public defender). But in a civil case, if you can’t hire a lawyer, you can represent yourself in a court of law. You don’t have the right to a court-appointed lawyer in a civil lawsuit.
Should I Accept a Plea Bargain?
Your criminal defense lawyer is the best person to advise you to accept a plea bargain. They will advise you to accept a plea bargain only if it serves your best interest. If the prosecutor is not offering a plea, your criminal defense lawyer can get charges against you reduced by negotiating a plea bargain. It will help you avoid facing more serious charges and penalties.
Appealing a Conviction in Georgia
If you are not satisfied with the ruling, you can file an appeal. murder cases are appealed to the Georgia Supreme Court while other criminal cases are appealed to the Court of Appeals. Here are some instances where you can appeal a conviction in Georgia:
- Poor representation at the trial.
- Jury irregularities.
- Bias/inconsistent verdicts or disclosure issues.
- Mistakes or misconduct of the trial judge.
Call Our Smyrna Criminal Defense Lawyers Today!
When you or a family member is charged with a criminal offense in Smyrna, GA, you should hire the best criminal defense attorney in the region to represent your case. If you can’t afford a lawyer, the court will appoint a public defender on your behalf. But a public defender may not provide the same service as a private criminal defense attorney.
The lawyers at Diaz & Gaeta are always ready to represent your case and reduce the impact of the charges as much as possible or have them dropped altogether. Call Diaz & Gaeta today at 678-329-9084 to defend your criminal charges in Smyrna, GA.