At Moffitt Law, LLC conveniently located in Carrollton, we are dedicated to successfully representing clients in criminal matters in Carroll County. Carrollton Criminal Defense Attorney Tyler Moffitt trusted and proven Criminal Defense lawyer, has built a solid reputation representing everyday working people in the areas of family law and criminal defense. He will fight for the best possible outcome for every client, all the time.
The events surrounding an arrest can be a very frightening experience. Speaking with police officers and prosecutors without the presence of a qualified attorney may greatly undermine your case. One call to our law firm will connect you with one of our highly talented Carrollton Criminal Defense attorneys to assist you and help you navigate the charges you face with straightforwardness and integrity. Call us today to schedule your consultation.
The Carrollton Criminal Defense attorney at Moffitt Law are licensed to handle all criminal matters in Georgia’s District and Superior courts, as well as the traffic courts and the juvenile courts the areas we serve include the following:
Court Procedures in Georgia
If you have been arrested or charged with a Misdemeanor or Felony in LaGrange, you will face an aggressive pursuit by the prosecution. You may also endure harsh penalties if convicted. A criminal case, in most instances, begins with an arrest either at a crime scene or later after the issuance of a warrant. When a person is placed in police custody, the arresting officers are required to inform him or her of the right to remain silent and that anything you do or say can you used against you in a court of law. Once you have been read your rights by the police, you should be silent and not speak to the police without a Carrollton Criminal Defense attorney in your presence. If you do speak, and say anything incriminating, it may be used as evidence against you.
Initial Georgia Court Appearance
Unless a person charged with a crime has already been bailed out of jail, the arresting agency must bring him before a magistrate or judge within 48 hours after a warrantless arrest. For an arrest warrant, the timeframe is 72 hours. The judge decides whether to set bail. He also determines the amount of bail to set. If you fail to post bond and have not yet been indicted by a grand jury, you can request a preliminary hearing/probable cause hearing. This will allow you to hear all the evidence the prosecution has against you. It may give you and your Carrollton Criminal Defense attorney, an opportunity to potentially challenge the warrant as lacking probable cause. You are not entitled to a preliminary hearing/probable cause hearing if you have already been indicted or if you’re out on bond.
Accusation or Indictment
Next, the District Attorney will file criminal charges against you through an accusation or an indictment. In an accusation, the prosecutor files the charge directly with the court. This is used only for certain types of crimes such as drug offenses (except drug trafficking), forgery, theft, and all misdemeanor offenses. All other offenses must first be presented to the grand jury for indictment. If a grand jury finds that there is probable cause to try you for criminal charges, an indictment will result. The person who has been accused of the crime (the defendant) is not entitled to be present at the grand jury hearing.
Arraignment and Pre-Trial Motions
After the indictment is the arraignment. After the arraignment, in most cases, the defendant enters a plea of not guilty, and you have 10 days to file any pre-trial motions.
If the defendant pleads guilty, the defense and prosecution may enter into either a negotiated plea or a non-negotiated plea (also known as a “blind plea”) at any time before the trial date.
A negotiated plea is one that is favorable to the defendant and is the result of the defendant’s Carrollton Criminal Defense attorney negotiations with the prosecution. In contrast, a non-negotiated plea may be offered at the discretion of the court and permits the judge to determine the defendant’s sentence without a jury trial. A defendant who agrees to a pre-negotiated plea can generally expect a significantly lighter sentence than he or she would receive if a jury returns a guilty verdict.
Trial Procedures in Georgia
If your case goes to trial, you can decide whether you want a jury trial or a bench trial (where the judge hears the evidence and issues the ruling). An experienced Carrollton Criminal Defense attorney can advise you of which option is likely to result in a more favorable one for you.
DUI/DWI Cases in Georgia
The Carrollton Criminal Defense attorney at Moffitt Law, LLC focus on DUI and DWI cases. They recognize that the drunk driving and drugged driving laws in Georgia are strict and the fines and penalties are severe. We passionately protect the rights of people who have been arrested and charged with driving under the influence or while intoxicated. The potential consequences of a DWI include hefty fines, community service hours, a suspended license, jail time, and even a felony charge, depending on the circumstances We work hard to minimize or prevent accumulations of insurance and driving record points, and we seek to minimize fines associated with these charges. Call us today to consult with one of our experienced attorneys.