Criminal Defense

Criminal Defense in Toccoa, GA

There are thousands of crimes, ranging from murder to drug distribution; from burglary to driving under the influence. We vigorously defend persons accused of these and many other crimes. Whether you have recently been arrested and want to fight your case or have already been convicted and are seeking an appeal, we can help.
Criminal cases in Georgia are divided into two types: felonies and misdemeanors. Felonies carry a punishment of at least one year in prison. Misdemeanors carry a punishment of up to twelve months in a county jail and a $1,000 fine, although some misdemeanor fines can reach as high as $5,000. Many felony and misdemeanor sentences can be served on probation, but certain felony and misdemeanor offense carry mandatory minimum incarceration time. 
scales of justice in a law office in Toccoa, GA

Why hire an attorney?

Time is of the essence in a criminal case. If you have been arrested and released on bond, there is a period of time between your release and the time that you are required to go to court for arraignment. Arraignment is a court appearance where you are asked to enter your plea (of "not guilty," "guilty," or "nolo contendere") to the charges filed against you. If you plead "not guilty" at arraignment, you are given another date to come back to court. If you want to have any chance at all to avoid being convicted as charged, you should have an attorney representing you at arraignment. Certain motions that are critical to the outcome of your case have to be filed within 10 days of arraignment or else they are forever waived unless special permission from the judge is granted. Do not count on getting special permission from the judge. Hire an attorney before your arraignment date.
Another reason to hire an attorney early on in the process of a criminal case is the need for thorough investigation. Witnesses who are critical to your defense must be interviewed; documents that help your side of the case must be obtained; and pictures of the alleged crime scene or other important venues must be taken before important information disappears. 
Books on a table in a law office in Toccoa, GA

DUI

If you are arrested for Driving Under the Influence (DUI) of alcohol or drugs, it is extremely important to consult with an attorney immediately. In Georgia, if you refuse state-administered chemical testing of your breath, blood, urine, or other bodily substances, or you submit to such testing and the results are more than a certain level (depending on your age or type of driver’s license), your license is immediately suspended before you are ever convicted of DUI. The suspension can be appealed if you act within ten (10) business days of your arrest. In the case of a refusal of the chemical test, the suspension lasts one year with no opportunity for a limited driving permit. Many people are lulled into a false sense of security because they are given a temporary driving permit that is good for thirty (30) days. This temporary permit will be extended if you timely file an appeal of your driver’s license suspension. However, you DO NOT have 30 days to file your appeal! If you do not file your appeal within 10 business days of your arrest, your ability to drive will be taken away from you when your 30-day permit expires. This is only one of many reasons that it is dangerous to wait until your court date to talk to an attorney if you are charged with DUI in Georgia.   
Share by: