Criminal defense Attorney in Marietta

Violent Crimes

It doesn’t matter if the charge of violent crime is federal or state, it will almost always be aggressively prosecuted. In many cases, at least 90 percent of the sentence must be served. Georgia’s seven deadly sins crimes are all felonies, and convictions carry a mandatory minimum of 10 years without parole. These include:

• Armed robbery
• Carjacking
• Child molestation that is severe
• Domestic Violence
• Home invasion
• Kidnapping
• Manslaughter
• Murder
• Rape
• Serious assault
• Sexual assaults aggravated
• Sodomy aggravated

Sex crimes

This category includes a variety of crimes. A conviction for a sexual crime will require registration as a sex criminal. A conviction for these crimes can have long-lasting consequences and penalties. These crimes are sometimes abused, and people are falsely accused of sexual crimes and misconduct to exact revenge. Georgian sex crimes include:

• Child molestation
• Child pornography
• Peeping
• Prostitution
• Public indecency
• Sexual assault
• Sexual battery
• Sodomy
• Solicitation/pandering

Internet Crimes

Cybercrime law-enforcement units are tasked with identifying and pursuing online criminals. As they often involve crimes in multiple states, and violate federal law, these crimes are usually under federal jurisdiction. Some of these crimes are committed on certain websites like Craigslist. Below are some examples of online crimes.

• Consumer fraud
• Cyber extortion
• Cyberstalking
• Distribution of child pornography
• Email Fraud
• Fraudulent use of credit cards
• Identity theft
• Online prostitution
• Wire fraud

White Collar Crimes

White collar crime is a non-violent form of criminal behavior that involves unethical and illegal conduct. These crimes can have different consequences depending on their severity, financial gain and whether it is a state or federal charge. The penalties can be anything from fines to long-term, harsh prison sentences.

White collar crimes can include:

• Bribery
• Embezzlement
• Extortion
• Federal Crimes
• Public corruption

The federal government has unlimited resources to prosecute crimes. A federal crimes lawyer should be consulted if you are under criminal investigation or have been charged. Federal crimes include:

• Bank robbery in the United States
• Counterfeiting
• Embezzlement
• Federal conspiracy
• Federal drug trafficking
• Fraud by bank or wire
• Government fraud
• Insider Trading
• Money laundering
• Mortgage fraud
• PPP loan fraud
• Racketeering (RICO)
• Tax evasion
• Terrorism

Marietta Criminal Defense Strategies

Georgia criminal law covers a broad range of crimes from drug crimes to white collar crimes. A defense attorney may suggest a variety of defense strategies and approaches to handle your case. Here are some of the most common criminal defense strategies.

Alibi

Alibi is a defense that can show that a defendant was not at the scene of the crime when it was committed. Alibi defenses require substantial and tangible proof to be able to acquit.

Examples of evidence that an alibi is present include:

• The testimony of someone who was present with the defendant when the crime occurred
• Receipts that show the defendant was in a restaurant, store, sporting event or concert at the time of crime
• The phone records of the accused’s location during the crime

Consent

Consent defense strategies can be valid if the defendant gave consent to the victim for the crime and this can be proved beyond reasonable doubt.

Entrapment

The defense may claim entrapment if the law enforcement agency induced the defendant to commit an offense that they wouldn’t have otherwise committed.

Involuntary Intoxication

Involuntary intoxication is a defense of lack of intention, which means that the defendant did not know what was going on and was committing a criminal act due to their intoxication. The defendant must have also become intoxicated, without them knowing.

Mistaken Reality of the crime

It can be used when the defendant is unaware that their act was illegal. The defense must show that the defendant thought they were not breaking any laws. A defendant could be charged with theft of a vehicle when they thought they were permitted to use it.

Necessity

It is like a strategy of self-defense or defense of others. For it to work, however, the defense must prove that the crime committed was necessary to prevent another, more devastating event. The defendant, for example, stole money to pay their family’s winter gas bill.

Plead Innocent

Pleading innocent can be an effective strategy for avoiding criminal liability when the accused did not commit a crime. The defense can present documents and evidence to support innocence as well as testimony from the defendant when they plead innocent. However, the defense cannot prove anything. The prosecution must prove beyond a reasonable doubt that the defendant has committed the crime.

Violations of Constitutional Rights

During legal proceedings, the police may not always follow the law when arresting or charging a defendant. This means that the defendant’s rights were violated, and this is a valid basis for dismissing certain evidence or the entire case. A violation of constitutional rights could be the illegal search and seizure or a police officer entering a house without a warrant.

Voluntary Intoxication

This defense is used when the defendant was intoxicated, or high, and committed the crime. This defense is not valid on its own, but in certain cases it can be used to reduce charges or sentences if the prosecution fails to prove beyond reasonable doubt that the crime had been committed deliberately and the defendant was aware of the consequences.

The use of Force

To use this defense, the defense must prove that the defendant committed the crime for which they were charged because of a threat or force. It is also known as coercion.

Withdrawal

This can be a good defense if a defendant did not commit the crime or did not take part in it. This is especially true if the defendant informed the law enforcement authorities of the crime.

Marietta, GA Criminal Defense FAQs

Frequently Asked Questions About Criminal Defense Law in Marietta, GA

What is a criminal defense attorney?

A criminal defense lawyer represents a defendant. Criminal defense attorneys are responsible for defending their clients’ rights throughout the legal process. They can assist their clients by:

• Advocacy at the trial
• Case investigation
• Motions for Pre-Trial Proceedings
• Plea bargaining
• Appeal

What Should I Do If I’m Arrested in Marietta, GA?

If you’re arrested, remain calm and exercise your right to remain silent. Call attorney Phillips immediately and avoid discussing your case with anyone. Your initial actions can significantly impact your defense.

How Can a Marietta Criminal Defense Lawyer Help Me?

A criminal defense lawyer can protect your rights, build a strong defense, and negotiate on your behalf. They understand the local legal system and can guide you through every step of the process, from pre-trial motions to court appearances.

What Types of Cases Do Criminal Defense Lawyers Handle?

Criminal defense lawyers in Marietta handle a variety of cases, including DUI, drug offenses, theft, assault, domestic violence, and more. They are experienced in both misdemeanor and felony cases.

What Are My Rights If I’m accused of a Crime?

You have the right to remain silent, the right to an attorney, and the right to a fair trial. Understanding and exercising these rights is crucial to ensuring your case is handled properly.

What Should I Expect During My First meeting with a Criminal Defense Lawyer?

During your first meeting, attorney Phillips will ask about your case details, explain the legal process, and discuss potential defense strategies. Be honest and provide all relevant information to help your lawyer build the best possible defense.

Can I Get my Charges Reduced or Dismissed?

Depending on the circumstances of your case, it may be possible to have charges reduced or dismissed. Your lawyer will analyze the evidence, identify weaknesses in the prosecution’s case, and negotiate with prosecutors to achieve the best outcome.

How Long Will My Case Take to Resolve?

The duration of a criminal case varies based on its complexity, the charges involved, and the court’s schedule. Attorney Phillips can provide an estimated timeline after evaluating your case specifics.

How long can you be held in jail without being charged in Georgia?

Some law enforcement officers feel they have more information or evidence to gather and may decide not to file formal charges. The prosecutor is required by law to file formal charges for warranted arrests within 72 hours and for warrantless ones within 48 hours. Contact your lawyer to ensure your rights as the prosecution builds their case.

What Are the Potential Consequences of a Criminal Conviction?

Consequences can include fines, imprisonment, probation, community service, and a permanent criminal record. The best criminal defense lawyer will work to minimize these penalties and protect your future.

How Much Does a Criminal Defense Lawyer Cost?

The cost of a criminal defense lawyer depends on factors such as the lawyer’s experience, the complexity of the case, and whether it goes to trial. We offer payment plans or flat fees for certain services, so discuss fees with Attorney Dean Phillips.

Feel free to ask if you have more questions or need further assistance!