The top four types of criminal cases that our firm handles are drug offenses, sex offenses, violent offenses, and shoplifting. Approximately 90% of our criminal cases fall into those four categories, with an occasional case of forgery or something else that falls outside of those categories.
How Do People Unintentionally Incriminate Themselves In A Criminal Case?
When people talk to the police on their own, with the belief that they can talk their way out of something, it never ends well. At a minimum, they could get a felony false statement charge for giving a false statement to the police officer. Or, they could talk themselves into more crimes. Most likely, the officer wanted to talk to them because he needed additional information to bolster his case. If that information isn’t given, then there is a good chance that they won’t take charges if they otherwise wouldn’t have. You can hire an attorney to come in and be your intermediary, provide the information to the police, or else tell you that it’s not something that you need to talk to the police about.
Another way that people can incriminate themselves is by talking on jail phones. All the jails around here record the phone calls, and the prosecutors commonly listen to them if they have a weak case against someone. If somebody admits to something on the phone call, tells somebody to hide a weapon, or tells them where the cocaine is hidden in the house, the prosecutor will hear that and it never ends well.
Lastly, it is important to stay completely off of social media until your case is closed. Don’t post comments on Facebook about the arrest, don’t try to send “friend requests” to the cops, and don’t pick a fight with somebody on it or talk about the details of your case. This is because the prosecutors are looking over that stuff too, and will commonly use those comments against you.
What Are Miranda Rights? When Do They Actually Come Into Play In A Criminal Case?
Miranda Rights and the Miranda warning are only required before questioning during a custodial arrest. This means that the officer has to be asking you questions while you are under arrest, meaning that you are not free to leave. In Georgia, a routine traffic stop for speeding or something of that nature is not a custodial arrest. You are not placed under arrest, and you are expected to be able to leave once you receive the citation. However, if the handcuffs are on and the police officers are asking you questions, they need to read you your Miranda warning first. If they don’t, then what you tell them is not admissible in court.
It’s important to note that there has to be questioning by the officers. So, if you are in the back of a patrol car on the way to jail, and you just pipe up and start talking, anything that you say can be used against you because the officer is not asking you questions. Questioning by police and a custodial arrest are the conditions that must be met in order for the Miranda warning to become a requirement.
What Are The Basic Differences Between Misdemeanor And Felony Charges?
In Georgia, a misdemeanor is any crime punishable by 12 months or less in the county jail. A felony is any crime punishable by one or more years in prison. There are no different classes of felonies or classes of misdemeanors. Instead, it is completely based upon the amount of time you can get. If it’s up to 12 months, it’s a misdemeanor, and if it’s more than a year, then it’s a felony.
How Do You Advise Clients That Want To Plead Guilty To Criminal Charges In Georgia?
Generally, it’s not recommended that you rely on the mercy of the court. The question that we look at isn’t whether or not the client is guilty, but what it is that the DA can prove in a particular case. If there are violations of your rights, procedural irregularities by the police, or anything else of that nature present, we may be able to suppress some or all of the evidence in the case. If some or all of the evidence goes away, many times the case can either be reduced, dismissed, or you can receive reduced jail time and/or reduced probation time. Either way, you are likely to get something much more favorable than you would just by going in and throwing yourself on the mercy of the court.
It’s important to know who the judge is and what they do before you decide what to do. This is because there are some judges in the circuits that you would never want to go in front of without a non-negotiated plea. Unless you have the DA on board, the judge is going to do more than the DA requests. They will often make the sentence much harsher. Alternatively, there are other judges in front of whom you would never want to enter a negotiated plea. Instead, you would want to ask them for less time because they always undercut the state. So, it’s important to know who the judge is that you are practicing in front of, what their particular hot buttons are, what sets them off, and what you want to avoid.
Generally, time is on the defendant’s side in these cases. This is because officers move away, witnesses die or move away, and all sorts of other things happen that are generally more favorable to the defense than the state. Even though it stresses people out just to know that a criminal charge is out there, the longer it takes to resolve it, the more likely it is to be resolved in the client’s favor.
For more information on Criminal Cases In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.
