Best Criminal Defense Lawyers in Athens

FAQs

• What is the non-emergency contact number for the local police station in Athens, Georgia?

  The non-emergency contact number of Athens is 706-613-3345.

• Where can I get a copy of police reports for incidents related to my case in Athens, Georgia?

  You can submit an online request for access to public documents in Athens at https://www.accgov.com/4987/Open-Records-Request. Find the proper department or organization for your request, then complete and submit the online form. You can also email requests to lamb_orr@accgov.com or spratlin_orr@accgov.com. For more information, you may call 706-613-3031 or 706-613-3520.

• What if Athens police didn't read you Miranda warnings?

  Because there is little questioning after an arrest in an Athens DUI case, Miranda warnings are not required. However, the law requires that you be informed of your right to counsel and your right to remain silent in some criminal proceedings. Even though this can stop law enforcement from questioning you, it is still preferable to remain silent because any voluntary remarks you make could be used against you later.

• Can I keep my driver's license with any type of drug charge in Athens?

  Your license in Athens will remain valid in the event of a marijuana arrest, as long as you do not plead guilty. This applies to scenarios, including possession, manufacturing, intent to distribute, and drug paraphernalia charges. Regardless of whether you were not driving when apprehended, pleading guilty could still result in the suspension of your license.

• What separates a misdemeanor from a felony charge in Athens?

  The possibility of a prison sentence is the main difference between a misdemeanor and a felony case. In Georgia, the state where Athens is located, a person convicted of a misdemeanor faces a maximum sentence of one year in county jail. Felony convictions, on the other hand, carry a minimum imprisonment sentence of at least one year and a maximum of 25 years or perhaps life in prison, depending on the offense. They also serve this in prison.

• What defines a minor in possession of alcohol in Athens?

  Those under the age of 21 who were found with alcohol are considered minors in possession of alcohol. This includes having alcohol on you—for example, by holding a beer—or having it in your system. The latter is known as possession by consumption, and you may be arrested even if you are not carrying any physical alcohol on you.

• What are the benefits and drawbacks of hiring a public defender vs a skilled criminal defense attorney in Athens?

  There is a noticeable cost difference between hiring an experienced criminal attorney and choosing a public defender for legal counsel in Athens, with the latter being the less expensive choice. The disadvantage is that they might not have as many resources or as much experience as professional attorneys. A private attorney would likely focus on a smaller number of cases, as opposed to the hundreds of cases that public defenders sometimes handle at once. A skilled private attorney would also have access to broader resources, specialized training, and other support that a public defender would not have.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.