What to Expect in a Cobb County Misdemeanor Case

Ultimately, misdemeanor defendants in Cobb County can expect an out-of-court settlement. Over 95 percent of criminal cases settle out of court. However, as outlined below, settlement is a process, not a result.

One reason the settlement process is long and difficult is that the defendants’ winning percentage at trial is a dismal 33 percent. Despite the presumption of innocence, deep down, most jurors assume that criminal defendants, especially defendants in jail, probably did something wrong. Furthermore, Cobb County prosecutors are supported by a small army of scientists, paralegals, investigators, and other professionals.

Most misdemeanor defendants haven’t been in trouble before. Prosecutors rely on this “shock and awe” factor to obtain an even bigger advantage. Knowing what to expect reduces this factor and gives a Marietta criminal defense lawyer a better chance to successfully resolve misdemeanor criminal charges.

Jail Release

The road to a favorable settlement begins at this phase. As mentioned, the presumption of innocence is almost nonexistent if the defendant is incarcerated. Therefore, prompt jail release may be the most important phase of a criminal defense.

Pretrial release is usually available for first-time offenders charged with nonviolent misdemeanors. After they pay a small fee, the sheriff releases them. They must agree to abide by some conditions, which are mentioned below.

A Marietta criminal defense lawyer advocates for defendants in borderline situations. For example, Raul might have an old case from another state or Maria might be charged with stalking. Raul and Maria could fit into either category. An old case from another state might count as a prior offense, and stalking can be considered a violent offense.

If pretrial release is unavailable, a bail bond is usually an option. The defendant pays a bonding company about 15 percent of the cash bond price, and the sheriff releases the defendant, if s/he agrees to follow conditions like:

• Remain in the county,
• Work and/or attend school full time,
• Remain current of child support and other such obligations,
• Report to a supervision officer, and
• Avoid further trouble with the law.

If these two modes are unavailable, cash bond is usually an option. Paying cash bond is basically like paying a security deposit.

Case Evaluation/Pretrial Proceedings

During a case evaluation, a Marietta criminal defense lawyer looks for procedural, substantive, and affirmative defenses. An assault is a good example.

Usually, when officers respond to disturbance calls, they immediately begin interrogating the parties, to determine who started the fight. Technically, these interrogations are illegal. Once a suspect is in custody (doesn’t reasonably feel free to leave), officers cannot ask questions until they inform defendants of their Miranda rights (you have the right to remain silent, the right to an attorney, etc.).

Unfortunately, under current law, if defendants answer these questions, they waive their Miranda rights. Therefore, this defense isn’t as effective as it used to be.

A substantive defense in a criminal case is a lack of credible evidence. To convict defendants of ordinary assault, prosecutors must prove that defendants intentionally injured the alleged victims.

If the injury required first aid, intent is easier to prove. However, if the injury caused a bruise or red spot, intent is harder to prove. Sometimes, people really do fall down the stairs or walk into walls. In other words, if the alleged victim declines all medical treatment, there’s a good chance the injury might have been accidental.

Furthermore, alleged victims often aren’t very credible. Some have mixed motives. If the two are involved in a family law dispute, like a child custody dispute, the alleged victim might twist the facts.

Let’s pause right here and state that, in these cases, misremembering doesn’t mean the alleged victim is lying. Very few people deliberately exaggerate or make up stories. However, our brains aren’t video cameras. We remember things selectively.

Self-defense, which is a proportionate use of force to counter a legitimate threat, is the most common affirmative defense in assault cases. The defense doesn’t hold up in court if the alleged victim verbally provoked the defendant, no matter what the alleged victim said.

Resolving the Case

If a Marietta criminal defense lawyer successfully chips away at the state’s evidence, the trial odds come much closer to 50-50. As the risk of a not-guilty verdict increases, a prosecutor’s determination to go to trial decreases, making a favorable plea deal more likely.

Assault negotiations also involve some non-evidence factors which are common in other cases as well. Certain kinds of assault, mostly domestic battery, are political hot buttons. Politicians sometimes hamstring prosecutors in these cases, so they can’t make good deals. Furthermore, the alleged victim, if any, must usually sign off on a plea bargain agreement.

Incidentally, alleged victims cannot “drop” criminal changes, like they could back in the day. Nowadays, an alleged assault victim is simply a material witness.

Usually, prosecutors make the first offer, based on the defendant’s criminal record, the strength of the evidence, and non-evidence factors, if any. Then, a Marietta criminal defense lawyer makes a counteroffer. Finally, the two sides usually split the baby.

Post-Trial Matters

We mentioned bail terms and conditions above. Probation terms and conditions are even stricter. Most defendants cannot make it through the entre term without violating at least one, just like most drivers can’t travel more than a few miles without committing a traffic code violation.

Common probation violations include catching a new case, failure to report to a supervision officer, and prohibited substance violations, like a failed drug test. These matters are difficult to resolve. The burden of proof is only a preponderance of the evidence (more likely than not). That’s much lower than the burden of proof at trial.

Record restriction-related proceedings are also common after misdemeanor convictions. Usually, people can restrict up to two misdemeanor convictions during their lifetimes.

Restriction, which isn’t available in DUIs, assaults, sex crimes, and a few other misdemeanors, seals judicial records. If restriction is unavailable, a Marietta criminal defense lawyer usually pushes for deferred disposition during pretrial settlement negotiations. In most cases, deferred disposition, which is a special kind of probation, has the same effect as record restriction.

Other post-trial matters in misdemeanor cases include early termination of probation, modification of the conditions of probation, and executive pardons.

Knowing what to expect in a misdemeanor takes much of the fear out of the process. 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.