Criminal Defense

Georgia Criminal Defense Attorney Kim Keheley Frye

Criminal defense covers most areas where you are arrested for committing a crime in Marietta, Cobb County, Cherokee County and Paulding County.

Criminal prosecution can result in severe penalties, including loss of liberty and freedom to work and spend time with your family and loved ones.

Your Marietta, Georgia criminal defense attorney – the Frye Law Group – is understanding, compassionate, and an aggressive legal advocate dedicated to putting in the necessary time and energy for a fair and just outcome to you. We will protect your rights and do battle with the state on your behalf.

Georgia Criminal Laws

Unlike civil cases where individuals sue each other for monetary compensation, such as breach of contract, criminal court cases deal with the State or Federal government prosecution of individuals for committing a crime.

Criminal laws separate crimes into felonies and misdemeanors. Under Georgia criminal laws, a felony is any crime punishable by imprisonment of twelve months or more and a fine of more than $1000. Anything less is a misdemeanor.

If you have been accused of a crime, an experienced Marietta Criminal Defense Lawyer can assist you with the entire criminal process which includes the actual arrest, arraignment, grand jury, pleas, discovery, pretrial hearings, jury selection, and post-trial remedies.

Your Right to Refuse a Consent to Search

The Fourth Amendment of the United States Constitution protects all citizens against unreasonable searches and seizures. Normally a police officer needs probable cause to obtain a search warrant. However, a warrantless search may be conducted if a person consents or gives permission. By consenting, you are waiving your Fourth Amendment right to refuse. Under Federal and Georgia criminal laws, a police officer need not inform you that you have a right to refuse consent. Consenting to search in Georgia can result in a criminal prosecution despite your lack of knowledge of your right to refuse. It is important to note, other than a few exceptions, once the search has begun, you have a right to revoke your consent as long as your withdrawal is expressed clearly

Georgia Criminal Case Procedure

If you are arrested for a crime, contact a Marietta criminal defense law firm like the Frye Law Group because time is of the essence.

First Appearance: Under Georgia criminal laws, you have 48 hours, (72 hours if there was an arrest warrant), after your arrest to appear before a judge or magistrate for your arraignment. Here you will be informed of what crimes you are being charged with and what rights you have. You are allowed to a have Marietta criminal lawyer with you.

Bail: Unless the judge feels you are too dangerous to be out on the streets or you are a flight risk, he or she will release you on bail. The judge will set your bail and release you once you pay the bond. A bail bondsman can assist you in making the bond for a percentage of the full amount. Failure to appear at your next court proceeding will not forfeit your money or property, but it will result in an additional charge.

Trial preparation and Plea Bargain: Your Georgia criminal lawyer will work on your behalf to gather evidence and witnesses, if any, to properly present your criminal court case. Sometimes the jury is selected prior to trial as well.

At any time during your criminal court case, you may enter into a plea negotiation. This is an admittance of guilt in exchange for a lower charge. In some cases a reduced charge is not offered. Negotiation of the reduced or dismissed cases is the one of the benefits of hiring someone experienced in the criminal justice system. Failure to come to an agreement can not be used against you at trial.

Trial and Verdict:

At trial, the State or Prosecution must prove to the jury that you are guilty “beyond a reasonable doubt.” Your Georgia criminal defense lawyer only needs to give the jury some “doubt” as to your guilt. First the prosecution presents their evidence and witnesses and then the defense does the same. Both sides can challenge opposing evidence and/or witness testimony. The closing statements are important because they summarize your case for the jury and are essentially your last word. Thus the importance of having a qualified Marietta criminal defense lawyer should not be overlooked.

Once the trial has concluded, the judge will read the jury its instructions – which are essentially a reminder of what the law is and what their duties are. Juries may deliberate for minutes or even days before returning with a verdict. If they return with a guilty verdict, the judge may immediately move to sentencing procedures or set your sentencing for a later date.

Georgia Criminal Conviction

A criminal conviction in Georgia can result in a fine, probation, imprisonment or in the most serious cases, death. In most cases, the judge will decide the sentence. The sentence is determined by the crime(s) you committed and any other pertinent factors including a statement from the victim, (if there is one); your past criminal record; your employment record as well as any statements in your support.

In Federal criminal court cases, the judge uses Federal Sentencing guidelines which give the judge a sentencing range for each specific crime. These guidelines are advisory, but not mandatory.

In some cases, if a judge believes you are a good candidate for probation, he or she can probate or suspend your sentence.Some crimes do not allow for a suspended sentence, but many do. Determining factors could be if it is your first offense or you have a stake in the community.

Contact Marietta, Georgia Criminal Lawyer Kim Keheley Frye

A Marietta criminal defense law firm like the Frye Law Group will work aggressively on your behalf. The difference between being convicted or being found not guilty; or the difference between being sentenced to jail or having a probated/suspended sentence can come down to having an experienced attorney or not. Georgia lawyer Kim Frye is one of the best criminal lawyers serving the Atlanta area. She has years of experiencing handling criminal court cases including DUI defense; Felony and Juvenile defense; Domestic Violence; as well as Drug and Sex Offense cases.

Remember, it is never too early to contact a Georgia criminal lawyer once you are stopped. From consenting to a search and seizure to fighting for a suspended sentence, the Frye Law Group is here for you.