Georgia Criminal Defense FAQs

The most important things to do immediately after an arrest in Georgia are: remain calm, exercise your right to remain silent, and ask for an attorney. You are not required to answer questions beyond providing your name and identification. Do not consent to searches. Do not make statements to law enforcement, even if you believe you are innocent or have nothing to hide. Contact a criminal defense attorney as soon as possible. Early legal representation can significantly affect the outcome of your case.

Immediately, or as soon as reasonably possible after an arrest or if you believe you are under investigation. Time is critical in criminal cases. Evidence can be lost or altered, witnesses’ memories fade, and procedural deadlines (such as the 30-day ALS hearing request after a DUI arrest) can expire. The sooner an attorney is involved, the more options are typically available.

In Georgia, misdemeanors are criminal offenses generally punishable by up to 12 months in county jail and a fine of up to $1,000. High and aggravated misdemeanors carry up to 12 months imprisonment and a $5,000 fine. Felonies are more serious offenses carrying prison sentences of one year or more, served in a state prison. Felony convictions often carry collateral consequences including loss of the right to vote (while incarcerated), loss of the right to possess firearms, and difficulty obtaining employment, housing, and professional licenses.

You have a constitutional right to represent yourself (known as proceeding “pro se”), but doing so in a criminal case is generally not advisable. Criminal procedure is complex, the rules of evidence are technical, and prosecutors are experienced professionals. Even attorneys charged with crimes typically hire other attorneys to represent them. The stakes, your freedom and your record, are too high to risk going it alone.

It means that the prosecution bears the burden of proving every element of the charged offense beyond a reasonable doubt. You are not required to prove your innocence. If the prosecution fails to meet this high burden, you are entitled to a not guilty verdict. A strong criminal defense challenges the prosecution’s evidence and forces them to prove their case, which is often harder than it appears.

Miranda rights include the right to remain silent, the warning that anything you say can be used against you in court, the right to an attorney, and the right to a court-appointed attorney if you cannot afford one. These rights must be read to you before a custodial interrogation, meaning when you are in police custody and being questioned. If police fail to give Miranda warnings before a custodial interrogation, statements you made may be suppressible. However, Miranda does not apply to all police encounters, so it is important to remain silent and request an attorney regardless of whether warnings have been given.

Generally, the Fourth Amendment requires police to obtain a warrant before conducting a search. However, there are important exceptions: consent (if you agree to a search), search incident to arrest, plain view, exigent circumstances, and the automobile exception (if police have probable cause to believe a vehicle contains contraband). You always have the right to refuse a consent search, even during a traffic stop. Refusing does not give police permission to search. If police search you without legal justification, any evidence found may be suppressible through a motion to suppress.

A plea bargain is an agreement between the defendant and the prosecution in which the defendant pleads guilty (often to a reduced charge or for a reduced sentence) in exchange for the prosecution’s agreement to certain terms. Plea bargains resolve the vast majority of criminal cases. Whether to accept one depends on the strength of the evidence against you, the potential sentence if convicted at trial, the specific terms offered, and your individual circumstances. Attorney Nelson evaluates each client’s case carefully and advises whether a plea offer is in their best interest, but the final decision always belongs to you.

Yes, it is possible. DUI charges can be challenged on various grounds, including whether the officer had reasonable articulable suspicion to make the traffic stop, whether field sobriety tests were properly administered in accordance with NHTSA standards, whether the breathalyzer was properly calibrated and maintained, and whether blood test chain of custody was maintained. Each case is unique. Attorney Nelson evaluates every available defense strategy in each client’s case.

The Administrative License Suspension (ALS) hearing is a separate administrative proceeding from your criminal DUI case. It concerns whether your license will be suspended. After a DUI arrest in Georgia, you have 30 days from the date of arrest to request an ALS hearing with the Georgia Office of State Administrative Hearings. If you miss this deadline, your license will be automatically suspended. Contact our office immediately after a DUI arrest to ensure this filing is made on your behalf.

Under Georgia’s implied consent law, refusing a chemical test after a lawful DUI arrest carries its own penalties, including a 12-month license suspension. However, refusal also means there is no BAC result for the prosecution to use. Refusal can be used as evidence against you at trial, but an experienced attorney can address this issue effectively. If you refused a test, contact our office right away.

A first-offense DUI in Georgia is typically a misdemeanor carrying: a fine of $300–$1,000 (plus surcharges), 10 days to 12 months in jail (with a minimum of 24 hours actually served for BAC ≥ 0.08%), 12 months of probation, 40 hours of community service, completion of a DUI Alcohol or Drug Use Risk Reduction Program, and a clinical evaluation. Your license will also be suspended. Penalties increase substantially for subsequent DUI convictions. These consequences highlight why having an experienced DUI attorney is critical from the very beginning.

Yes. Georgia’s DUI laws prohibit driving while under the influence of any drug, including legal prescription medications, to the extent that you are less safe to drive. This is often called “DUI Less Safe” and does not require a blood test showing a specific concentration. If a prescription medication impaired your ability to drive safely, you can be charged. The defense in these cases typically focuses on challenging the officer’s observations, the field sobriety tests, and any chemical test results.

Georgia’s First Offender Act (O.C.G.A. § 42-8-60) allows certain first-time offenders to complete a sentence without a formal adjudication of guilt. If the defendant successfully completes probation and other conditions, the case is discharged and the defendant is not considered to have been convicted of a crime. This can have significant benefits for employment, housing, and professional licensing. Eligibility depends on the specific charge and individual circumstances. Not all offenses qualify. Contact our office to discuss whether this option applies to your case.

Simple possession means having a controlled substance for personal use. Possession with intent to distribute (PWID) means the prosecution alleges you intended to sell or deliver the drugs to others. PWID is a more serious charge carrying significantly harsher penalties. Intent is typically inferred from circumstantial evidence such as the quantity of drugs, the presence of scales or packaging materials, large amounts of cash, and text messages suggesting sales. An attorney can challenge whether the evidence truly supports an intent to distribute, as opposed to personal use.

Yes, recreational marijuana remains illegal in Georgia. Possession of one ounce or less is a misdemeanor punishable by up to 12 months in jail and a $1,000 fine. Possession of more than one ounce is a felony. Georgia does have a limited medical cannabis law (the “Haleigh’s Hope Act”) allowing registered patients to possess up to 20 fluid ounces of low-THC oil, but recreational use and possession outside of this narrow medical program is illegal under Georgia law regardless of what other states permit.

Yes. Georgia law recognizes the right to use force in self-defense or in defense of others. Under O.C.G.A. § 16-3-21, a person is justified in using force against another to the extent they reasonably believe it is necessary to defend themselves or a third person against another’s imminent use of unlawful force. Georgia also has a “Stand Your Ground” law, which generally provides that a person has no duty to retreat before using force if they are in a place where they have a legal right to be. The reasonableness of your belief and the force used are key issues that an experienced attorney can address.

Georgia does not have a standalone “domestic violence” statute, instead, crimes committed between household members (such as assault, battery, or stalking) are prosecuted under those respective statutes with enhanced penalties and procedures. If you are charged with a family violence offense, a Family Violence Protective Order may be issued against you, which can affect your ability to return home, see your children, and possess firearms under federal law. These cases move quickly and the consequences can be severe. Contact an attorney immediately if you are arrested or served with a protective order.

Simple battery (O.C.G.A. § 16-5-23) involves intentional physical contact of an insulting or provoking nature, or intentionally causing physical harm. It is generally a misdemeanor. Battery (O.C.G.A. § 16-5-23.1) involves intentionally causing substantial physical harm or visible bodily harm, a misdemeanor for a first offense. Aggravated battery (O.C.G.A. § 16-5-24) involves intentionally causing serious bodily injury by depriving someone of a member of their body, rendering a member of the body useless, or seriously disfiguring another. Aggravated battery is a felony carrying 1–20 years in prison.

In Georgia, simple assault (O.C.G.A. § 16-5-20) is an attempt to commit a violent injury to another person, or an act that places another in reasonable apprehension of immediately receiving violent injury. It is typically a misdemeanor. Aggravated assault (O.C.G.A. § 16-5-21) involves assault with intent to murder, rape, or rob; assault with a deadly weapon or object likely to result in serious bodily injury; or assault by discharging a firearm from a vehicle. Aggravated assault is a felony carrying 1–20 years in prison, with mandatory minimums in certain circumstances.

Yes. A defense attorney can file a motion to reduce bail and argue at a bond reduction hearing that the original amount is excessive given the circumstances. Factors supporting a reduction include strong community ties, steady employment, family responsibilities, lack of prior criminal history, and the relatively minor nature of the charges. Having an attorney advocate for you at this stage can make a significant difference in whether you remain in custody while your case is pending.

Bail is money or property posted to secure your release from jail while your case is pending, with the understanding that you will appear for all future court dates. In Georgia, a magistrate judge typically sets bail at a first appearance hearing within 48 hours of arrest. The amount depends on factors including the severity of the charge, your criminal history, ties to the community, risk of flight, and whether you pose a danger to the community. For serious felonies, only a superior court judge can set or reduce bail. An attorney can argue for lower bail or release on your own recognizance.

If you can pay the full bail amount, you (or a family member) can pay it directly to the court. The money is returned at the end of the case, minus any court fees, if you appear for all hearings. If you cannot afford the full amount, a bail bondsman (surety bond) can post bail on your behalf for a non-refundable fee, typically 10–15% of the total bail amount. If you fail to appear, the bondsman is responsible for the full amount and may hire a bounty hunter to locate you. Attorney Nelson can advise you on the most cost-effective approach for your situation.

Common probation conditions in Georgia include: reporting to a probation officer, paying fines and fees, completing community service, attending counseling or treatment programs, submitting to drug testing, not committing new offenses, and not leaving the state without permission. If you are struggling to meet a condition, for example, cannot pay fines due to financial hardship, contact your attorney before a violation is alleged. In some cases, conditions can be modified by the court. Proactive communication is far better than waiting for a violation to be filed.

A probation violation in Georgia can result in a warrant for your arrest, a probation revocation hearing before a judge, and potentially having your probation revoked, meaning you could be required to serve the remainder of your sentence in jail or prison. You have the right to an attorney at a revocation hearing. The standard of proof at a probation revocation hearing is lower than at a criminal trial, a preponderance of the evidence, which means these hearings can be challenging. Contact an attorney immediately if you receive notice of an alleged violation or if a warrant has been issued.

Georgia allows for “record restriction” (which is Georgia’s equivalent of expungement) under O.C.G.A. § 35-3-37 in certain circumstances. Arrests that did not result in conviction, certain first-offender dispositions, and some other situations may be eligible for restriction. Since 2021, some misdemeanor convictions may also qualify, but many convictions, including DUI, are not eligible. Contact our office to determine whether your record may be eligible for restriction.

We offer a free initial consultation to discuss your case. Our fees vary depending on the nature and complexity of the charges. We offer flexible payment arrangements for qualified clients. We believe everyone deserves quality representation, and we will work with you to find a fee arrangement that works for your situation. Contact us to discuss your case and our fee structure.

The timeline for a criminal case varies widely depending on the court (municipal, state, or superior), the complexity of the charges, whether the case goes to trial, and the current docket of the court. Misdemeanor cases in municipal or state court may resolve in weeks to a few months. Felony cases in superior court often take six months to two years or more, particularly if they go to trial. During this time, your attorney will be investigating the facts, reviewing discovery, filing motions, and negotiating with the prosecution on your behalf.

At your arraignment, you will be formally informed of the charges against you and asked to enter a plea of guilty, not guilty, or nolo contendere (no contest). In most criminal cases, your attorney will advise you to enter a not guilty plea at arraignment, preserving all of your options as the case develops. An experienced attorney can often appear at the arraignment on your behalf for minor offenses, saving you from missing work.

A preliminary hearing is a court proceeding in which a judge determines whether there is probable cause to believe that a crime was committed and that the defendant committed it. In Georgia, defendants charged with felonies have a right to a commitment hearing (the Georgia equivalent). These hearings can be valuable because they give your attorney an opportunity to cross-examine witnesses before trial, lock in testimony, and potentially get charges reduced or dismissed. Whether to request one depends on the facts of your case, something Attorney Nelson will advise you on.

It depends on the charge and how the case resolves. For minor misdemeanors, your attorney may be able to appear on your behalf without you being present for most hearings. If your case goes to trial, you will generally be required to attend. If you enter a plea, you will typically need to appear before the judge to enter that plea on the record. Attorney Nelson will keep you informed of which appearances are required and what to expect at each one.