Over a hundred new laws took effect in Georgia on July 1, 2025. Several deserve our attention, and a few merit our close attention. Some new laws appear out of nowhere. But for the most part, legislative bills involve months of hearings and debates.
A Marietta criminal defense lawyer participates in this process, helping to shape new laws that favor criminal defendants. This extra work doesn’t always pay off in the final draft of a bill, as outlined below. However, this participation gives our clients a voice in the process. Furthermore, this participation helps a Marietta criminal defense lawyer not only be aware of new laws but also know how those new laws affect criminal cases.
The Georgia Survivor Justice Act
On its face House Bill 582 has real consequences. It allows domestic violence victims to testify at sentencing hearings and request resentencing. But the bill may be much ado about nothing.
Alleged victim testimony during sentencing hearings often simply rehashes the testimony they gave during the guilt/innocence phase. Jurors quickly become desensitized to shocking testimony, just like kids once got desensitized to extreme cartoon violence. Furthermore, many judges hesitate to second-guess jurors during resentencing hearings, no matter how many brutal stories alleged victims tell.
House Bill 176
This law doesn’t have a catchy nickname, because it’s mostly just a technical change. But the seemingly minor technical change could greatly affect the plea-bargaining process in Cobb County.
HB 176 extends the time for a motion to withdraw a plea of guilty or no contest. The bill, which codifies the holding in a recent Supreme Court case, addresses a very common situation.
Frequently, during plea negotiations, prosecutors overplay their hands and bully defendants into pleading guilty. This tactic is especially common in closed-file jurisdictions that allow prosecutors to hide most of their cards and play things very close to the chest. By the time defendants figured out what happened, the thirty-day window to file a motion to withdraw the plea had closed.
A longer filing period forces prosecutors to be more transparent during plea negotiations, a change that Marietta criminal defense lawyers have long fought for. Added transparency could end bullying plea bargains and result in fairer sentences.
Open criminal trials are largely a thing of the past. Closed plea bargains resolve about 95 percent of criminal cases. Any change, however slight, that opens the plea bargain process is good news for everybody, not just Marietta criminal defense lawyers. Open government is usually better government.
House Bill 85 and House Bill 199
Once again, these seemingly minor technicalities could significantly affect criminal cases in Cobb County. HB 85 sets judicial salaries and HB 199 limits personal information disclosure during judicial elections. These two provisions may strike a blow at the “good ol’ boy” system that still dominates many judicial systems in many counties.
HB 85 ends the “local supplements” gravy train. These supplements usually include local cost-of-living adjustments that county commissioners unilaterally determine. HB 199 encourages more candidates to run, since their personal information is no longer public record.
So, judges who no longer get a few extra dollars every month and face stronger opponents during elections may decide not to run, opening the door for some fresh air.
Senate Bill 110
This provision makes some long-overdue changes to the definition of child neglect in Georgia law. The old definition assumed that caregivers always had plenty of money to provide for their children and they should always closely supervise their children.
These assumptions are normally true, but certainly not always true. Many families struggle to make ends meet, and greater independence is a good thing in many cases.
As a result, juvenile prosecutors may now take a closer look at child neglect matters, as these cases are now much easier to defend. This closer look could involve a large dose of pretrial diversion and other resolutions that involve some judicial supervision but no judicial punishment.
Fentanyl Eradication and Removal Act
In general, when governments use words like “eradication” and “removal”, very bad things usually happen to people who don’t necessarily deserve such harsh punishment.
Fentanyl is very bad stuff. In 2023, fentanyl overdoses in Houston County killed over two dozen people. An ensuing crackdown netted some five hundred grams of fentanyl, which authorities claimed was the equivalent of 266,000 lethal doses of this drug.
Under Senate Bill 79, possession 28 grams of fentanyl, which is roughly one ounce, could lead to 35 years in prison and a $750,000 fine.
How does a Marietta criminal defense lawyer prevent ordinary citizens from being caught up in the crusade to eradicate fentanyl? By sticking to the three Ps of possession:
- Produce the Substance in Court: Typically, authorities must have valid search warrants to seize contraband. A valid warrant must be based on reliable information. The uncorroborated word of a paid informant isn’t very reliable. Furthermore, the warrant must be narrowly tailored. Usually, officers cannot search an entire house. They can only search two or three rooms.
- Prove it Was Illegal: A “fruit juice drink” on a grocery store shelf might contain only 6 percent fruit juice. Likewise, fentanyl is usually so heavily diluted with other substances that it’s not really fentanyl.
- Establish Possession: Criminal possession is not only close proximity but also exclusive possession and actual knowledge. Therefore, a defendant could literally be sitting on a fentanyl stash and not legally possess it. These situations are especially common if the drug’s true owner hides it when Five-O shows up.
A Marietta criminal defense lawyer doesn’t have to disprove any of the three Ps. A lawyer must simply create a reasonable doubt.
New laws often have hidden effects. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
