Common Questions About Georgia Criminal Law

What is an arraignment?

 

Arraignment is the formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty. Silence will be assumed as a plea of not guilty.

 

What are Miranda warnings?

 

Miranda warning is the warning all police officers must read out to suspect upon arrest. The text of the warning is: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

 

What is deferred adjudication?

 

Georgia has a special program for first time drug offenders. This program helps them get their life back on track and avoid a conviction on this record. The offenders must go through probation and complete a drug rehabilitation program. During the probation and rehabilitation, the adjudication is differed and if the requirements are successfully complied, the charges are dismissed. Failure to comply with the requirements will result in conviction.

 

How does an arrest affect my immigration status?

 

If you are an immigrant in the US, your immigration status and rights will be affected if you have a criminal record. You may even be deported in some cases.

Georgia has a special program to help first time offenders get their life back on track. If a first time offender successfully completes the program, the crime will not appear on his or her records. There are certain eligibility criteria. The charge must be that of a non-violent felony except DUI and there must be no prior convictions. If the terms of the program are violated, the person may be sentenced to the full prison term.

 

What is the difference between a misdemeanor and felony?

 

Misdemeanor is a crime for which the minimum jail time is less than a year. A crime with more than one year jail time is a felony.

 

What is probation in Georgia?

 

If you have been sentenced to a term of probation, you must comply with a variety of restrictions on your activity during the entire term. If you violate any terms, the probation will be revoked. If you violate any general conditions of probation, it is technical violation and the probation will be revoked for up to two years. So you have to go back to jail. Once out of jail, you must complete the time left on the probation. Violation of special conditions of the probation or conviction for a new crime during the probation will result in your probation being revoked for the rest of the term. You must serve the remaining sentence in jail.

 

If you or a loved one are accused, suspected, or charged with committing a criminal offense in Georgia, then you should contact a GA criminal defense lawyer immediately to protect your rights.

 

Our violent crime defense lawyers are based in Savannah GA – Georgia. Our attorneys fight serious cases in Savannah, Richmond Hill, Coastal Empire, Hinesville, Tybee Island, Bloomingdale, Isle of Hope, Port Wentworth, Pooler, Garden City, Pembroke, Darien, Brunswick, Statesboro, Valdosta, Waynesboro and Wrightsville, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, and Jesup charged with driving law violations.

 

If you are located in Savannah GA area, then contact us if you have been charged with a crime in Georgia. Call (phone).