Criminal Defense

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.

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.

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.

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.

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.

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.

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 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.

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.

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. 

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.

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.