Commonly Asked Questions

It is hard for anyone to understand the stress and uncertainty that comes with being detained or arrested. If it happens to you, it is in your best interest to exercise your right to remain silent and seek legal representation immediately. The attorneys at Garland, Samuel & Loeb, P.C. are here to protect your rights and ensure that you receive fair treatment under the law.

Key Considerations:

1. Right to Remain Silent: Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent. This means you are not obligated to answer any questions posed by law enforcement officers.

2. Avoid Self-Incrimination: Anything you say can be used against you in court. Even seemingly innocent statements can be misconstrued or taken out of context to support a case against you.

3. Request an Attorney: Immediately and clearly request to speak with an attorney. This invokes your Sixth Amendment right to legal representation. Our experienced attorneys at Garland, Samuel & Loeb, P.C. can provide the guidance and protection you need during police interactions.

4. Exceptions: There are certain situations where you may be required to provide basic identifying information, such as your name. Beyond that, it is generally advisable to refrain from further discussion until you have legal counsel present.

5. Stay Calm and Polite: It is important to remain calm and polite when interacting with law enforcement. Clearly state your intention to remain silent and your request for an attorney without engaging in confrontation.

If you have been charged with a crime, it is crucial to find a lawyer to lead you through the complex and confusing process of defending a criminal case. At Garland, Samuel & Loeb, P.C., we understand that you future depends on the outcome of your criminal case. Our firm, with over 200 years of experience in complex criminal defense, is dedicated to providing you with the best possible representation.

Why Hire a Lawyer?

1. Expertise and Experience: Our attorneys possess over 200 years of combined legal experience, making us exceptionally qualified to handle a wide range of criminal cases. We have a deep understanding of the law and the judicial system, and our team is renowned for its skill in criminal defense.

2. Strategic Defense: Each case is unique and requires a tailored approach. Our lawyers conduct a thorough review and analysis to develop innovative and strategic solutions aimed at achieving the best possible outcome for you. We leverage our extensive trial experience and legal knowledge to vigorously defend your rights.

3. Trial-Ready Representation: At Garland, Samuel & Loeb, we are not afraid to take your case to trial. Our attorneys are seasoned trial lawyers who consistently secure victories for our clients in court. Whether your case requires negotiation or litigation, we are prepared to fight for you every step of the way.

4. Reputation and Results: Our firm’s reputation is built on decades of successful advocacy. We are dedicated to obtaining justice for every client, and our track record speaks for itself. Clients choose us because they trust in our ability to deliver results.

5. Compassionate Service: We understand the gravity of the situation you are facing. Our lawyers provide compassionate and personalized service, ensuring that you feel supported and informed throughout the legal process. Your future is our priority, and we are committed to protecting it.

When charged with a crime, the stakes are incredibly high. The attorneys at Garland, Samuel & Loeb, P.C. are here to provide you with the expert defense you need.

Illegal searches by law enforcement are a serious infringement on your constitutional rights and personal freedom. If you believe you have been subjected to an unlawful search, you must know your rights and the potential remedies available.

Your Rights and Remedies:

The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. If the police search you illegally, the primary remedy is the exclusion of any evidence obtained as a result of that illegal search. This principle, known as the “exclusionary rule,” prevents illegally obtained evidence from being used against you in court. Additionally, any evidence derived from the illegal search, often referred to as “fruit of the poisonous tree,” may also be excluded.

What Constitutes an Illegal Search?

An illegal search occurs when law enforcement conducts a search without a valid warrant or without meeting one of the recognized exceptions to the warrant requirement.

Warrantless Searches

Generally, police must obtain a search warrant based on probable cause before conducting a search. A warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to search a specific location and seize specific items. If the police conduct a search without a warrant, it is presumed to be unreasonable unless it falls under one of the established exceptions.

Exceptions to the Warrant Requirement

There are several notable exceptions where a warrantless search may be deemed legal:

1. Consent: If you voluntarily consent to the search, the police do not need a warrant. It is important to note that you have the right to refuse consent.

2. Exigent Circumstances: These are emergency situations where law enforcement believes that waiting to obtain a warrant would result in imminent danger, the destruction of evidence, or the escape of a suspect.

3. Search Incident to Lawful Arrest: Police may conduct a limited search of a person and the immediate area around them without a warrant at the time of a lawful arrest to ensure officer safety and prevent the destruction of evidence.

4. Plain View Doctrine: If an officer is lawfully present and observes evidence in plain view, they may seize it without a warrant.

5. Automobile Exception: Due to the mobile nature of vehicles, police can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.

6. Stop and Frisk: Also known as a Terry stop, police may stop a person and conduct a limited pat-down for weapons if they have reasonable suspicion that the person is involved in criminal activity and is armed and dangerous.

Challenging an Illegal Search

Determining whether a search was illegal involves a careful analysis of the specific circumstances and the applicability of any exceptions. At Garland, Samuel & Loeb, P.C., our skilled attorneys have extensive experience in scrutinizing the legality of searches and seizures. We are dedicated to protecting your constitutional rights and will vigorously challenge any evidence obtained through illegal means.

Generally, there are three ways to post bond, though every county and even the different federal courts have different requirements:

(1) you can hire a licensed bondsman to post the bond. This is essentially an insurance policy. You pay a premium to the bondsman (generally about 12% of the total bond amount) and the bondsman guarantees that entire bond will be paid if the defendant flees. The downside of this method is that you never get your 12% premium back (just like you never get your insurance premium back, even if you don’t have a car accident;

(2) You pay the entire amount of the bond to the sheriff. If you appear at trial, you will get all the money back.

(3) You use property as the guarantee to the sheriff that if you don’t appear at trial, you will surrender the title to your house. This procedure is different in every county. Some sheriffs require that the property be “free and clear” – meaning there is no mortgage. Other counties require that the property must be in the same county. Other counties require that the property is owned by somebody other than the defendant.

Generally, an appeal is a vehicle for challenging a conviction at trial. In the Georgia Court of Appeals, the appeal is heard by three entirely new judges. In the Georgia Supreme Court, nine Justices hear the appeal. In federal cases tried in Georgia, Florida and Alabama, three judges in the Eleventh Circuit Court of Appeals will hear the appeal.

The defendant, having been found guilty, will assert in the appeal that the trial was unfair for a variety of reasons: The prosecutor was permitted to introduce evidence that was inadmissible (such as hearsay); the defense was prohibited from introducing evidence that should have been admitted; the defendant’s Fourth Amendment rights to be free from an illegal search or seizure were violated and the trial judge did not correctly decide this issue in the trial court; the evidence at trial was not sufficient to support the conviction, notwithstanding the decision of the jury; the defendant’s trial counsel was either incompetent, or made a significant mistake at trial, or in preparing for trial and locating favorable witnesses. These are just a sample of the types of errors that can support a successful appeal.

With limited exceptions, a successful appeal does not end the case entirely. Rather, in most cases, the appellate court (the Georgia Court of Appeals, or the Georgia Supreme Court, or the Eleventh Circuit Court of Appeals) will send the case back to the trial court to conduct a new trial but without the error that led to the reversal of the conviction. Nevertheless, often, when a case is sent back to the trial court, the prosecutor will not be interested in trying the case again and may offer a far more lenient plea bargain to be done with the case.

A habeas corpus petition is somewhat like an appeal, but rather than challenging the conviction in the Court of Appeals or the Supreme Court, the defendant challenges some aspect of the conviction in the county in which the defendant is incarcerated. The habeas petition is filed in the Superior Court of that county. Unlike an appeal, in a habeas case, the defendant may present evidence to show why the original trial was unfair, or the defendant’s constitutional rights were violated. Generally, a habeas petition is filed after the defendant has lost the direct appeal.

In the state courts of Georgia, Magistrates are, in fact, judges. But they have limited authority. Generally, magistrates in criminal cases preside over the initial appearance of the defendant (who has just been arrested) and for further proceedings prior to an indictment, such as bond hearings. Once the case has been indicted, or a formal accusation has been filed, the case will be assigned to a State Court judge (for misdemeanors) or a Superior Court Judge (for felonies). At that point, the Magistrate Judge has no further role in the case.In federal court, the Magistrate Judges fulfill some of the same responsibilities, but federal Magistrate Judges continue to play a role in the case, even after indictment, including hearing motions that challenge the legality of a search or seizure and challenges to the validity of an indictment. Only the judge, though, can preside over the trial of a felony in federal court.

Grand juries initiate formal criminal charges in felony cases in both state and federal court. Though historically, the grand jury was supposed to prevent “abusive” or unfair prosecutions, these days, the grand jury basically votes on an indictment and very rarely votes against returning an indictment. The defense has no role whatsoever in the grand jury process and does not appear at the grand jury (except in cases involving police officers as defendants). The prosecutor simply presents evidence why the grand jury should indict and the grand jury does exactly what the prosecutor requests. The prosecutor is only required to present “probable cause” that the defendant committed the crime, not proof beyond a reasonable doubt.

This is a very complex question that cannot be answered without an in-depth knowledge of your case. This is why it is imperative that you hire an experienced criminal defense lawyer who has the expertise to give you the best advice as to how to handle your case.

The fee for a criminal defense lawyer can vary widely depending on the nature of the charge, the venue in which the case is being prosecuted, and other facts and circumstances particular to your case. You should not settle for a certain lawyer just because he or she quoted the lowest fee. The cost to hire a lawyer should be a factor in your decision as to which lawyer to hire, but it should not be the controlling factor.

A criminal defense attorney is your advocate in the courtroom and outside the courtroom with the prosecutor and perhaps even the media. You need someone who will zealously present your case so that you get the best result possible. A criminal defense attorney is loyal to her clients and has their best interests at heart.

A criminal defense attorney focuses on analyzing the evidence in your case and applying those facts to the relevant legal principles to provide you with the best defense for your case.

The primary responsibility of the defense attorney is to get her client the best result possible in the case. She handles every aspect of her client's case: appearing in court for every hearing, filing motions, and preparing the case for trial. A defense attorney should also give the client advice as to how to proceed in the case in order to get the best result.

There is no on "common result" in a criminal case when you have a defense lawyer. However, it is almost guaranteed that you will get a better result when you have an experienced criminal defense lawyer representing you in court than if you try to represent yourself. The rules that apply in court and the laws that apply to criminal cases are very complicated and require a legal expert - a criminal defense lawyer - in order to apply them to your case to get the best result. 

A criminal defense attorney casts doubt by pointing out the weaknesses and holes in the prosecution's case. The prosecution has the burden of proof to convince a jury, if they can, with proof beyond a reasonable doubt of the defendant's guilt before that person can be convicted. A criminal defense attorney will challenge the prosecution's evidence in order to show there is reasonable doubt and the prosecution can't meet their burden of proof. 

It is critical to tell your defense attorney the truth and the whole truth about your case. Your attorney cannot do their best to represent you without knowing the entire truth. Attorney-client privilege means that anything you tell your lawyer that relates to your case must be kept strictly confidential, unless and until you give your lawyer permission to share that information. Therefore, you must be completely honest with your lawyer in order to get the best result. 

We’ve all heard the saying “don’t make a federal case out of it.” That’s because, in order to file a civil case in federal court, there needs to be a federal question involved (like a civil rights claim, or federal civil racketeering, etc.) or the case must involve citizens of different states with damages in excess of $75,000. It is the burden of the plaintiff (the person filing the action) to prove this statutory minimum.

Other cases are filed in the state court system. The state court system is divided into state and superior courts, which have overlapping, although not identical, jurisdiction. Most claims for bodily injury can be brought in either state or superior court and should be filed in the county where at least one defendant resides.

The statute of limitations is the time within which a lawsuit must be filed. In Georgia, the statute of limitations for bodily injury cases is two years. After the case is filed, it must be served promptly on the defendants you are suing. But it is never a good idea to wait until the last minute to start exploring your claim.

For instance, in some circumstances, like when there is a governmental entity involved, there are anti-litem (before litigation) notices that are due within six months or 12 months of the injury, depending on the entity, and your claim may be barred even if you file within the two-year statute of limitations.

Also, in the case of medical malpractice actions in Georgia, the case must be filed with an affidavit of an expert knowledgeable in the same field of medicine as the subject of the case. Without that affidavit, the complaint will be considered insufficient under Georgia law and will be dismissed.

Other examples of statutes of limitations are: there is a one-year statute of limitations for defamation cases (libel and slander); there is a four-year statute of limitations for injuries to personalty, and there are several different statutes of limitations pertaining to actions for breach of contract the shortest being a four-year statute of limitations for breach of an oral contract, and then increasing if the contract is in writing (6 years) or is under seal (20 years). (Different statutes apply to actions for the breach of contract for the sale of goods and to negotiable instruments.)

But there are some notable exceptions to the rule. The statute of limitations can be “tolled” in certain circumstances. For instance, the statute of limitations is tolled in malpractice actions when a defendant intentionally conceals an act of professional negligence from a plaintiff, causing the plaintiff to be deterred from bringing a claim. It can also be tolled in the event of mental incompetence if the one claiming the disability suffered from such unsoundness of mind as to be incapable of managing the ordinary affairs of life.

Also, importantly, the statute of limitations in a birth injury case is two years for the parents’ claim for the injury to the child during his or her minority, but the child has until age 7 to have the claim brought in his or her own behalf.

There are many examples of exceptions to the statute of limitations; however, it is imperative to get a legal opinion about the statute of limitations as soon as possible in any case you plan to bring, since missing that deadline can be fatal to the case.

Cerebral palsy is an often misunderstood term. It applies to a number of different conditions caused by a number of different medical situations, but all of which cause motor deficits due to an interruption in the connection between the brain and the nervous system and musculature of the body. Birth injury is one of those causes. Birth injury occurs when the fetus suffers a lack of sufficient oxygenated blood or blood flow to brain tissue during labor and delivery. Warning signs of impending injury are apparent on the fetal heart rate tracing. Health care providers who heed the warning signs can prevent injury by changing the plan of care to ensure timely delivery, while those who ignore the signs will allow the problem to progress to a point of no return. Birth injury can lead to cerebral palsy, but the injury may be restricted to cognitive impairment that does not include the motor deficits of what we think of as cerebral palsy. Newborn depression, low APGARS, intensive care, and brain radiology studies are the kind of complications often, but not always, associated with a birth injury.

In Georgia, you can be held without bond for 90 days. This is covered by Section 17-7-50 of Georgia Law. After 90 days, the law requires arrested defendants to receive a grand jury hearing.

The time Georgia has to indict on a crime is known as the statute of limitations. Different types of violent crimes have different limitations attached to them. Prosecution for crimes punishable by death or life imprisonment must be commenced within seven years. Prosecutions for other felonies need to be started within four years. 

In the state of Georgia, domestic violence offenses, generally, are crimes such as physical violence, threats, harassment, and stalking committed by one person against another person living in the same home.

There are also federal offenses involving domestic violence. These offenses include interstate travel to commit domestic violence, interstate stalking, and interstate travel to violate a protective order (18 U.S.C. §§ 2261, 2261A, 2262); as well as various firearm offenses concerning domestic violence and violation of a protective order (18 U.S.C. §§ 922(d)(8-9) and 922(g)(8-9)).

Assault and battery are separate offenses. The short answer is simple assault is putting a person in fear of injury and simple battery is actually causing the injury. (For example, if you see someone throw a rock at you, it’s assault. If the rock hits you, it’s battery.)
The maximum punishment for Misdemeanor Assault and Battery is up to 12 months in jail plus fines.
Aggravated Assault and Aggravated Battery are both felonies with a maximum punishment of up to 20 years in prison plus fines. An assault becomes “aggravated” when a someone commits assault with the intent to murder, rape or rob; or s/he uses a deadly weapon (such as a gun or car) against another person. Generally, a “deadly weapon” is any object or device that will likely cause death or serious injury. Aggravated Battery happens when someone disfigures another person or removes a part of his/her body.

There are factors that could increase exposure to imprisonment, like if the alleged victim is a member of a protected class (such as a child or an officer).

Yes. In Georgia, you can commit simple assault (misdemeanor), by attempting to injure someone or by placing someone in fear of being injured. You can commit aggravated assault (felony), when you use some kind of weapon that, when used against someone, can cause death of serous bodily injury (such as pointing a gun at a person or chasing them with your car).

In Georgia, spitting on someone may be considered misdemeanor battery.

Generally, violent crimes in Georgia can include murder, assault, battery, rape/sexual assault, and robbery.

Generally, violent crimes in Georgia can include murder, assault, battery, rape/sexual assault, and robbery. Misdemeanor violent crimes are punishable up to 1 year in jail while felonies are punishable up to 30 years or less depending on the offense. 

According to a national survey by the Pew Research Center in Washington, D.C., robbery was the violent crime most likely to be reported to law enforcement in 2022 (64.0%). It was followed by aggravated assault (49.9%), simple assault (36.8%) and rape/sexual assault (21.4%). These statistics exclude homicide.

In Fulton County, both the Georgia Bureau of Investigation and the Atlanta Police Department monitor annual crime statistics. Fulton County, which encompasses the city of Atlanta, has a crime rate of 32.11 per 1,000 people.
For more detailed reports, see the Georgia Bureau of Investigation's Crime Statistics. 

Federal crimes can only be pardoned by the U.S. president. These are the only types of crimes that the president can pardon. In the same way, state Governors are incapable of pardoning federal crimes and can only pardon state crimes.

Federal crimes are tried by a United States attorney in a United States District Courthouse. The state of Georgia has three federal district courts: the U.S. District Courts for the Northern, Middle, and Southern Districts of Georgia. 

Mail fraud, money laundering, drug trafficking, firearm offenses, and public corruption are all examples of federal crimes.

Offenses where a bank was a victim, such as bank frand, have a 10-year statute of limitations.

Federal crimes are investigated by federal law enforcement agencies like the FBI, DEA, Secret Service, and Postal Inspectors. Sometimes state law enforcement agencies are also involved. 

Drug offenses, firearm offenses, mail fraud, and immigration offenses are commonly prosecuted in federal court.

Felonies are prosecuted in both federal and state court; in either court, all felonies are serious crimes. But sometimes federal crimes have harsher punishments that can make them seem more serious than state crimes.

Mail fraud, large drug trafficking cases, serious firearm offenses, bank fraud, bank robbery, and public corruption cases are examples of crimes that are prosecuted in federal court. 

Drug offenses, firearm crimes, and RICO are examples of crimes that are prosecuted in both state and federal court. 

You can usually tell whether a case is state or fedearl by which agency is conducting the investigation. If the investigating agency is a police department or sheriff's office, then it is likely a state case which is prosecuted by the local district attorney. If the investigating agency is a federal agency like the FBI, DEA, Secret Service, IRS, or Postal Inspector, then it is likely a federal case which will be prosecuted by the U.S. Attorney's Office.

The time you have to appeal your case depends on why the appeal you’re making. Most appeals in Georgia must be filed within 30 days of the conviction. State habeas corpus petitions can be filed within four years, and there are other exceptions. You should speak to a lawyer to verify you are still eligible to appeal.

Unfortunately, like many processes in the criminal justice system, appeals will involve a lot of waiting. How long you need to wait will depend significantly on the type of appeal you’re seeking. Several months to several years or longer is the only answer general enough to apply without knowing the details of your case. 

All lawyers who argue in appellate courts can be considered appellate lawyers. You should work with a lawyer with experience in appellate courts, and with the criminal appeals process. We have several lawyers, including Atlanta federal appeals lawyers, who may be able to offer the expertise you need. 

In Georgia, most appeals in state cases begin with a Motion for New Trial. This is presented to the trial judge. This motion argues that there were legal errors that occurred at the trial which require either a reversal of the conviction or a new trial. The motion may also argue that the evidence was insufficient to convict the accused with proof beyond a reasonable doubt. If that motion is denied, then a Notice of Appeal is filed and the case goes either to the Georgia Court of Appeals or the Supreme Court of Georgia, depending on the charges of conviction. The appellate process in your case may differ slightly depending on the specific facts of your case.

Winning an appeal depends very much on the issues in your case and the knowledge and skill of your appellate attorney, among other things. While criminal appeals generally succeed around 12 percent of the time, an experienced appellate attorney can help get your case heard on the merits where that percentage increases considerably. Garland, Samuel & Loeb has assisted clients with appeals for nearly 100 years, succeeding now for three generations.

We win appeals by demonstrating reversible errors or Constitutional violations that occurred before or during trial. Winning depends on spotting the strongest issues, providing skilled legal writing and argument, and broad experience of case law and appellate procedure. The hallmark of effective appellate advocacy is winnowing out weaker arguments and focusing on those most likely to prevail.

Roughly 30 percent of appeals are lost at the outset due to various procedural issues. Your appeal could get rejected without even being heard if you or your attorney fail to meet crucial deadlines, fail to include specific information in various filings, or neglect the details of other statutory requirements. This is just one reason it is crucial to hire an experienced appellate attorney for your appeal.

Once an appeal is accepted and heard on the merits, the appellate court may still decide in favor of the other party. Likewise, an appellate court may decide that even though certain errors occurred in the trial court, those errors did not prejudice the defendant enough to require a reversal of the conviction. This is called “harmless error.”

Once the appellate court accepts and “dockets” an appeal, the parties must then meet deadlines to file written briefs, detailing their cases. If the court considers the issues important enough, it will also allow oral argument after the briefs are filed. The court will then consider the arguments from both sides and issue its opinion. The full process may take anywhere from a few months to nearly a year.

If the higher court decides in favor of with the appealing party (the “appellant”), it will “reverse” or “vacate” the lower court’s judgment. The appellate court may vacate all or part of a conviction or lower court’s ruling. It will then require the lower court to “redo” the case (or part of the case), this time following the higher court’s new directions.

Importantly, a “win” on an appeal does not in most cases mean your charges have been dropped. Vacating the lower court’s judgment removes the conviction and clears the way for a possible retrial.

If a defendant appeals their conviction and loses the appeal, the conviction is “affirmed,” and the appellant must face the trial court’s sentence. This may involve serving the sentence, or seeking other post-conviction relief, such as a petition for habeas corpus.

Defense attorneys’ mistakes at trial often actually violate a defendant’s Constitutional right to effective assistance of counsel and lead to new trials. Likewise, trial courts commonly make crucial errors in admitting or excluding evidence, allow violations of other Constitutional rights, or provide incorrect jury instructions. A skilled appellate attorney can review your case and spot any of dozens of types of crucial errors that may win on appeal. 

Whether a ground for appeal is strong or weak depends entirely on your individual case and the knowledge and skill of your appellate attorney. Seemingly obscure issues may lead to reversals in some cases, and apparently obvious issues in others may prove harmless or irrelevant to the conviction. It is important for any appeal to have an attorney versed in the hundreds of ground on which previous cases have been reversed: deficient performance of trial counsel, evidentiary errors, Constitutional violations, mis-readings of statutes, and much more. 

How your criminal defense attorney chooses to defend you will depend heavily on the details of your case. For example, your lawyers may challenge the validity of the evidence against you, which involves calling the credibility of witnesses into question.

One way to overcome the charges against you is to have them thrown out. If the charges were not appropriately filed, or there was insufficient evidence to charge you, your lawyer can focus on these issues, and they may argue that police officers or other law enforcement agents abused their rights or powers.

Trafficking is the manufacturing, distribution, delivery, sale, or possession of large amounts of a controlled substance. The police do not need to significantly prove that you intended to deliver, sell, or distribute any of the drugs you possess. Merely possessing amounts over the limits can be considered enough to charge you with trafficking. 

In every criminal case, the prosecution has the burden of proof to provide evidence that demonstrate's the accused's guilt beyond a reasonable doubt. That burden never shifts to the defense.

The sentences for drug trafficking can vary widely. There are some drug trafficking offenses that carry mandatory minimum penalties (starting at 5 years and going up from there). Some drug trafficking offenses can be punished by a sentence of life, depending on the defendant's prior criminal history and the facts and circumstances of the drug trafficking offense.

Some drug trafficking charges do not have a mandatory minimum; some can have minimums that are 5 years, 10 years, or more. It depends on the drug type, the drug weight, and the criminal history of the accused.

It depends on whether the case is in state court or federal court; it also depends on the drug type and drug weight. For example, in Georgia, if someone sells or intends to sell more than 28 grams of cocaine, that is drug trafficking.

Drug trafficking cases commonly have undercover agents or confidential informants who are used to prove the government's case. Confidential informants are usually people who have been arrested and choose to cooperate with the government in order to get a better result for their own charges. There may also be surveillance audio or video of alleged drug deals, or wiretap evidence that is used as evidence in drug trafficking cases. 

Drug dealing and drug trafficking can be interchangeable terms. "Drug trafficking" is a legal term that depends on the drug type and drug weight that are alleged to be at issue in the case.

Drug trafficking is a more severe charge than mere drug distribution. Drug distribution is sometimes referred to as "possession with intent to distribute." Drug trafficking charges usually carry more severe penalties than drug distribution charges.

The potential sentence for intent to distribute in Georgia depends on the drug type and drug weight. For example, possession of marijuana with intent to distribute carries a potential sentence of 1-10 years (depending on the defendant's prior criminal history.)

You can get probation for a felony drug charge in Georgia. Georgia also has a specific statute that is sometimes called a "drug first offender" which applies only to certain drug cases. If you qualified for that deferred adjudication, then you can avoid having a conviction on your record.

Your prior criminal history is very important in determining the potential outcome in your case. Generally, first time offenders are treated more leniently than those who have prior criminal offenses on their record.

Many sexual offenses have a seven-year statute of limitations in Georgia. This limit applies to many of the most common offenses, including statutory rape and aggravated sexual battery. In most cases, the time limit begins when the offense is committed. However, for many crimes against children, the limit does not start until the crime is discovered.

Rape and sexual assault are often seen as equivalent by the general public, but they mean different things to the law. Rape is covered by Georgia law O.C.G.A. § 16-6-1. This law makes it a felony to engage in forcible carnal knowledge.

There are some sex crimes that require the perpetrator to have some kind of authority over the victim when engaging in sexual contact with them. Professionals in positions of authority and trust, such as law enforcement officers, teachers, and psychologists, are examples of positions that could be abused for sexual assault.

Georgia imposes stringent mandatory minimum sentences for serious sex crimes, with limited discretion for judges to adjust sentencing, underscoring the state's strict approach to punishing these offenses

1. Rape
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-1 and § 17-10-6.1.
• Details: For individuals convicted of rape, the minimum sentence is 25 years, with potential for life imprisonment or even the death penalty in extreme cases. This sentence cannot be reduced, suspended, or deferred.

2. Aggravated Child Molestation
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-4(c) and § 17-10-6.1.
• Details: For aggravated child molestation involving victims under 16, a mandatory minimum of 25 years applies. If the offense results in physical injury to the child, parole eligibility may be severely limited or eliminated.

3. Child Molestation
• Mandatory Minimum Sentence: 5 years for a first offense, 10 years for a second or subsequent offense.
• Governing Code Sections: O.C.G.A. § 16-6-4 and § 17-10-6.2.
• Details: A first conviction for child molestation requires a minimum of 5 years in prison, while a second conviction carries a minimum of 10 years. Sentences cannot be reduced or suspended under these statutes.

4. Aggravated Sexual Battery
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-22.2 and § 17-10-6.1.
• Details: Convictions for aggravated sexual battery require a minimum of 25 years without eligibility for parole, highlighting the serious nature of this offense.

5. Sexual Battery
• Mandatory Minimum Sentence: 1 year in prison for a second conviction of sexual battery. No mandatory minimum for a first offense of sexual battery.
• Governing Code Sections: O.C.G.A. § 16-6-22.1 and § 17-10-6.1.
• Details: Sexual battery is a misdemeanor if the victim is 16 or older and there are not prior convictions for sexual battery. Otherwise it is a felony that carries 1 to 5 years.

6. Statutory Rape
• Mandatory Minimum Sentence: 1 year in prison for offenders under 21. 10 years in prison for offenders 21 and over.
• Governing Code Sections: O.C.G.A. § 16-6-3(b) and § 17-10-6.1.
• Details: If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

7. Possession of Child Pornography
• Mandatory Minimum Sentence: 5 years.
• Governing Code Sections: O.C.G.A. § 16-12-100(b)(8) and § 17-10-6.1.
• Details: Each image or video can carry up to 20 years in prison, with potential consecutive sentences for multiple counts, resulting in significant cumulative prison time.

Sex Offender Registration for most sex crimes
• Mandatory Requirement: Most sex crimes require lifetime registration as sex offender.
• Governing Code Sections: O.C.G.A. § 42-1-12.
• Details: Registration often has lifetime implications on residency, employment, and other civil liberties.

In Georgia, O.C.G.A. § 42-1-15 outlines specific restrictions on where registered sex offenders can live, and work. Here are the primary restrictions set forth under this statute:

1. Residence Restrictions

•  Prohibited Locations: Registered sex offenders are prohibited from residing within 1,000 feet of certain places where children are commonly present. Specifically, they cannot live within:
•  A child care facility (defined as a licensed daycare or preschool)
•  A school (public or private K-12 institutions)
• A church (places of worship, such as temples, synagogues, or churches)
•  Areas designated for the use and recreation of children, which includes public parks, playgrounds, and recreation facilities
• Exception for Pre-existing Residences: If an offender established a residence prior to July 1, 2008 or a restricted facility moves within 1,000 feet an offender established a residence (e.g., a new school or daycare is opened near the offender’s home), the offender may continue living there.

2. Employment Restrictions

• Prohibited Locations for Employment: Registered sex offenders cannot work or volunteer within 1,000 feet of:
• A child care facility
• A school
• A church
• Areas designated for the use and recreation of children (Only applies to offenders classified as to Sexually dangerous predators by the Sexual Offender Risk Review Board)
• Exception for Employment Prior to Registration: If an offender was employed at a location before being required to register as a sex offender or before a restricted facility was established within 1,000 feet of their employment, the offender may continue working there.

3. Measuring Distance: The 1,000-foot distance is measured in a straight line from the edge of the offender's property to the edge of the restricted property's property line.

4. Exemptions

• Residence or employment established prior to July 1, 2008: If an offender established a residence or employment prior to July 1, 2008 the offender does not have to move or change work locations even if a restricted location is within 1,000 feet. 

• Residence or employment established prior a restricted location moves within 1,000 feet: If an offender established a residence or employment and then a restricted location moved within 1,000 feet, the offender does not have to move or change work locations.
• Incapacitation: Individuals with severe disabilities or those who are completely incapacitated may be exempt from certain restrictions based on their condition.

Violating these restrictions can lead to felony charges and additional penalties, including potential prison time.

Defending against a sex crimes charge requires a strategic and meticulous approach, as these cases often hinge on the alleged victim's testimony and may lack physical evidence. Given the potential for severe consequences, a skilled attorney can build a powerful defense by focusing on several essential areas.

1. Challenging Allegation Reliability and Accuracy
To begin, an attorney must scrutinize the circumstances surrounding the allegations, seeking any factors that could impact their credibility. This involves evaluating the relationship between the alleged victim and the defendant, any past conflicts, and potential biases or motivations that could influence the charges. Family dynamics, workplace or social conflicts, and other relationship factors may shed light on the context behind the allegations, allowing the defense to provide a fuller, clearer picture of events.

2. Developing a Strong Evidence-Based Defense
A critical part of defending against sex crime allegations is gathering evidence that directly contradicts the alleged victim's account. Establishing an alibi or using records, like GPS data, surveillance footage, or witness testimony, to show that the defendant could not have been involved in the alleged incident can undermine the prosecution’s case and support the defendant’s credibility.

3. Leveraging Expert Testimony
Expert analysis plays a significant role in challenging the reliability of the alleged victim's account. Forensic experts in psychology, memory science, and forensic interview techniques can reveal the limitations of human memory and the effects of suggestion. These experts may highlight inconsistencies in the alleged victim's statements, raising questions about accuracy and potential external influence, which can strengthen the defense.

4. Demonstrating Defendant Character and History
Character evidence is also crucial. A defense team may present the defendant’s history, conduct, and reputation to illustrate that the allegations are inconsistent with their character. Showing a lack of prior misconduct or presenting positive aspects of the defendant’s character can support the argument that these allegations do not align with who the defendant is as a person.

By strategically addressing these elements and presenting a comprehensive, evidence-based defense, a dedicated attorney can challenge the prosecution’s case and advocate for justice. For more information on defending against sex crimes charges, please visit our Sex Crimes page.

Some felonies have mandatory minimum sentences (for example, murder = life in prison; rape = 25 years in prison.) Other felonies have no mandatory minimum, so the judge can impose a sentence of probation, or 20 years. The sentence will reflect the seriousness of the offense, the background of the defendant, and other factors that might suggest that a longer, or sentence is appropriate.

For most felonies (those that do not require a mandatory minimum, such as rape, armed robbery, and murder), the minimum is one year of probation.

For most felonies, but not all, the statute of limitations is four years, but there are exceptions that can extend that time limit.

Yes. The decision to “drop” a felony, or dismiss the charge is up to the prosecutor, though the judge, for good cause, can also dismiss a charge.

The short answer is “forever” but there are exceptions, for example, if the sentence is imposed pursuant to the first offender act, the felony is removed from the defendant’s record when the period of probation ends.

Yes, unless the felony is for an offense, such as rape, armed robbery, murder, aggravated child molestation, which require a mandatory minimum sentence with very few exceptions.

A judge has the authority to send a first-time felony offender to jail, though for “lower level” felonies, it is less likely to receive jail time.

The term “stay open” is not a legal term. But if the defendant has been indicted, the defendant can insist on a speedy trial (which, depending on the county, would require a trial within 6 – 8 months). Otherwise, the crowded dockets in some counties may result in delays for a couple years before a trial is held.

Yes, unless the judge orders otherwise. The defendant must make sure that if there is a search of the house, the police will readily see that the gun is owned and possessed by somebody other than the defendant.

Yes. The prosecutor can always reduce the charges as part of a plea agreement, or because the facts of the case do not support a felony disposition.

There are felonies that have mandatory minimum sentences, such as murder, armed robbery, rape, aggravated child molestation.

Any crime for which the sentence can be higher than 12 months. If the maximum sentence is 12 months or less, the crime is a misdemeanor.

It is hard to say, but drug offenses are prosecuted all throughout the metro Atlanta area.

Unless the defendant’s civil rights are restored, a felon cannot possess a gun. A felon cannot vote while on probation (once someone's case is totally over, including any time on probation, they are eligible to vote again). There are various professions that would prohibit a felon from getting licensed (with exceptions). And for some offenses, the sexual registry would limit what a defendant can do (or where the defendant can live or work).