Call For Your Free Consultation 404.904.6704
Call For Your Free Consultation 404.904.6704
Please reach us at austin@austinnelsonlaw.com if you cannot find an answer to your question.
The first step in hiring our firm is to schedule a free consultation. During this consultation, we will discuss the details of your case and provide you with an estimate of our fees. If you decide to hire us, we will begin working on your case immediately.
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.
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.
Possibly. Georgia law recognizes "constructive possession," which means a person can be charged with possession of drugs if they had knowledge of the drugs and the ability to exercise control over them — even if the drugs were not physically on their body. For example, drugs found in a vehicle you were driving can lead to possession charges. However, the prosecution must prove beyond a reasonable doubt that you knew about the drugs and had control over them. These elements can be challenged.
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.
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.
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.
58 S Park Square NE Suite C, Marietta, GA 30060
404.904.6704
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Attorney Advertising. General information only, not legal advice. Past results do not guarantee similar outcomes. Licensed in Georgia.
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