Georgia’s violent and non-violent crime rates both declined by 10 percent in 2024, according to an August 2025 FBI report.
Per this FBI data, last year there were 31,989 reported violent crimes and 166,959 property crimes in Georgia. Paul Brown, who is Special Agent In Charge at the FBI’s Atlanta headquarters, attributes the drop to law enforcement activity. “This is a result of a focused effort, so when you see aggressive investigation, a surge of resources, and aggressive prosecution, you can expect to see these numbers come down,” he said.
Georgia’s crime statistics come from more than 400 state and local law enforcement agencies reporting their data to the FBI.
Jail Release
Defendants who commit property crimes, like theft, and violent crimes, like assault, almost always go to jail. Georgia has one of the highest arrest rates in the country. Police officers almost never let people off with warnings or turn the other way.
According to this same source, Georgia also has one of the highest crime resolution rates in the country. The diligent work of police investigators often decreases the effectiveness of substantive defenses at criminal trials.
But we’re getting ahead of ourselves. First and foremost, defendants must get out of jail ASAP, for personal, professional, and legal reasons. Incarceration usually destroys personal and professional relationships. Additionally, incarceration limits a Marietta criminal defense lawyer. Defendants behind bars usually take the state’s first plea bargain offer, just to get it over with.
In most Georgia counties, particularly large counties like Cobb County, several types of jail release are available, especially in property crimes.
- Pretrial Release: Defendants with no criminal records who face nonviolent charges are often eligible for OR (own recognizance) release. These defendants pay a small fee, promise to abide by release conditions, and then (hopefully) go forth and sin no more.
- Cash Bail: If OR release is the easiest and cheapest kind of jail release, cash bail is probably the most complex and expensive. The good news is that anyone can post the entire amount in cash and get out of jail, even if they don’t qualify for OR or a bail bond.
- Bail Bond: The OR/cash bail hybrid requires defendants to pay about 15 percent of the cash bail price in order to be released. Common conditions in all three models include remaining in the county, avoiding further run-ins with the law, and appearing at all required pretrial and trial hearings.
If jail release is not immediately available, usually because it’s too expensive, a Marietta criminal defense lawyer schedules a bond hearing. At this hearing, the judge must grant reasonable bail, according to the Eighth Amendment.
Finding a Cobb County Criminal Defense Lawyer
Another provision in the Bill of Rights, the Sixth Amendment, guarantees the right to a Marietta criminal defense lawyer.
Indigent people may qualify for a court-appointed lawyer or public defender representation. Usually, “indigent” basically means homeless or in jail. In other words, the Constitution guarantees the right to a lawyer, not the right to a free lawyer.
So, a partnership with a private lawyer, which allows a defendant to choose a lawyer, is usually the way to go. When looking for a Marietta criminal defense lawyer, focus on the following areas:
- Dedication: A lawyer who handles a few criminal cases on the side usually looks for an easy way out. Attorneys who are dedicated to criminal law are in for the long haul.
- Availability: A Marietta criminal defense lawyer should be professionally and physically available. Your lawyer should personally address your questions, comments, and concerns. Furthermore, the attorney’s office should be nearby or otherwise accessible (via bus, etc.)
- Experience: Students learn almost nothing about criminal procedure and tactics in law school. They must learn these skills in the school of hard knocks.
At the Phillips Law Firm, we check all these boxes. We only hands criminal and related litigation matters, our experienced team is available 24/7/365, and our main office is conveniently located in downtown Marietta.
Identifying and Developing Defenses
Most criminal cases have procedural, substantive, and/or affirmative defenses. A Marietta criminal defense lawyer leverages these defenses at trial and during pretrial settlement negotiations.
We mentioned the Bill of Rights above. Procedural protections in the BOR include limitations on searches and seizures (Fourth Amendment) as well as limitations on police interrogations (Fifth Amendment).
Usually, a substantive defense is a lack of evidence. Prosecutors must prove every element of every case beyond any reasonable doubt. Because Georgia law enforcement investigators usually do their homework, the state usually has considerable evidence at trial. This evidence may or may not be sufficient to overcome the presumption of innocence.
For example, many prosecutions rely on eyewitness testimony. Many witnesses give compelling statements to police officers. But when they take the stand and face tough questions during cross examination, these carefully constructed statements often fall apart.
Affirmative defenses in criminal cases include entrapment, coercion, self-defense, and legal insanity.
Resolving Criminal Cases
Plea bargains resolve almost all criminal cases. If one of the aforementioned defenses might apply, a favorable plea bargain is possible.
For both sides, a bird in the hand is usually worth two in the bush. To a defendant, a compromise plea bargain is better than a trial conviction. To a prosecutor, punishing a defendant for something is better than a not-guilty verdict at trial.
Compromise plea bargains often include incentives, such as pretrial diversion and First Offender Act (FOA) probation.
Pretrial diversion is a pretrial rehabilitation program. If the defendant pays restitution, pays a small fee, gets help for a drug problem, and jumps through other hoops as applicable, prosecutors dismiss the case.
To qualify for FOA probation, the defendant must have no prior felonies. Additionally, defendants charged with DUI and some serious felonies, such as sex crimes, are ineligible. The defendant pleads guilty plea and the judge passes sentence, usually probation, although jail or prison time is also a possibility. If the defendant successfully completes the terms of the sentence, the judge discharges the case without adjudication of guilt.
Georgia’s criminal law process is quite complex. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
