Your Phone Number Here
Listings are offered on a first come, first served basis. We limit listings to 5 per page.
Fax: Number
Cell: Number
sample-email@sample.com
Address2
City, State Zip
Atlanta Criminal Defense Attorney | Fulton & DeKalb County, GA Immigrant Criminal Lawyers | Plea Consequences
It cannot be stressed enough how important it is to consult with an experienced Atlanta Criminal Defense Lawyer as soon as you learn that you might be prosecuted for committing a crime
Early intervention is key to getting the best possible result in your case. Waiting too long or trying to go it alone can result in missed opportunities and the loss of valuable rights.
DON'T GO IT ALONE!
It might be tempting to try to represent yourself and just plead guilty because it's cheaper than hiring a Fulton County defense lawyer or because it's too embarrassing or time-consuming to fight the charges. Or maybe you think it's the right thing to do because you believe you are guilty. But even if you did commit a crime, your rights may have been violated by law enforcement during their investigation. A knowledgeable defense lawyer can tell you if this is the case.
Our country was founded on the principle that individual liberty is a natural right that the government cannot take away unless every step is taken to make sure they have the right to take it. A Fulton County criminal defense attorney is trained to evaluate your case and advocate for you to make sure all those steps are followed every step of the way.
In 2008 there were 11,400 felony dockets filed in Atlanta's Superior Courts, 8105 non-traffic misdemeanors filed in Fulton County State Courts and 7,803 such misdemeanors in filed in DeKalb County. Police and Prosecutors tend to charge the most serious crime possible when a person is arrested. Often your Atlanta area criminal defense attorney can negotiate a dismissal of some or all of the charges or reduce the charge to a more appropriate or lesser included offense. Even after conviction, some felonies may be reduced to a misdemeanor.
Basic Charges and Punishments
In Georgia, there are generally three types of crimes: Misdemeanors, Misdemeanors of a high and aggravated nature, Felonies, and Capital Felonies. Punishment for misdemeanors is described in § 17-10-3. Punishment for a Misdemeanor of a high and aggravated nature is described in § 17-10-4. Punishment for Sexual offenses is described in § 17-10-6.2. Serious violent felonies are punishable as provided in § 17-10-6.1
Capital felonies are punishable by a Sentence of death, life imprisonment without parole, or life imprisonment.
The punishment for a crime is provided for in the statute describing the offense. Any crime for which punishment is not otherwise provided is punished as a misdemeanor. When a defendant is found guilty of a reduceable felony, which is one punishable by imprisonment for a maximum term of ten years or less, your Atlanta criminal lawyer can ask the judge to exercise his or discrimination to reduce the punishment to a misdemeanor.
Your Atlanta criminal defense trial attorney will conduct a complete investigation into the facts and circumstances surrounding your case to determine the best way to proceed. The prosecutor has to prove beyond a reasonable doubt that you had criminal intent when you committed your act. However, it may be that you had a good defense for doing what you did. A capable Fulton County criminal trial attorney may be able to show the prosecution or the jury that your actions were justified based on self-defense, protection of another person or your home, or because of coercion or entrapment. This may require research by a private investigator who can interview witnesses and develop other evidence in your favor or discredit evidence presented by the State.
Pleading guilty without the advice of counsel can have serious unexpected or collateral consequences.
A Fulton County Defense Attorney can help to prevent or reverse such adverse effects.
GEORGIA STATE CONSEQUENCES OF PLEAS/CONVICTIONS
SEX OFFENDER REGISTRATION
Georgia is said to have one of the toughest sex offender registration statutes in the nation. If you are convicted in Fulton County, Georgia of certain reportable convictions or adjudications such as rape, sexual assault, statutory rape, aggravated child molestation, enticing a child for indecent purposes, public Indecency, obscene telephone contact with children or Internet or child porn, you may be required to register with both the state and federal sex offender registries. What many people don't realize is that Georgia law also requires anyone convicted of kidnapping or false imprisonment of a minor to register as a sex offender even if no sexual act was committed. There are around 950 registered "sex offenders" living in Atlanta.
Some of the requirements of section 42-1-12 and implications of sex offender registration in Atlanta include:
Registration with local law enforcement: You will have to provide your criminal history, probation information, physical characteristics, employment information, home address, and more. If you make frequent or extended visits to other communities, you will be required to register there, as well. You must keep law enforcement updated regularly.
Public access to your information: Not only can the public access your name, criminal history, sex offender classification, and other information through the state or federal sex offender registry lists, but in Georgia, law enforcement may release sex offender information to the public when convicted offenders are released from jail or prison.
Duration of registration: Depending on the severity of the sex offense, sex offender registration may be required for the rest of your life.
Failure to register: If you fail to register on time or as required, you could face an additional felony criminal charge and thirty years in prison.
OTHER ADVERSE OR UNEXPECTED CONSEQUENCES
Community Supervision: If you are granted community supervision, restrictions may apply, such as restricting where you can live and restricted or monitored internet usage of sex offenders, electronic monitoring like ankle bracelets, restricted motor vehicle use, required drug or alcohol rehabilitation. You may be subjected to unannounced searches without the need for a warrant. If convicted of stalking or harassment, you may be required to have a mental health exam and be restricted from going near the victim or his or her work, school etc.
Divorce and Conservatorships: An ex-offender may not have the right to foster or adopt a child or have custody of a minor child until rights have been restored.
Jury Service: To regain the right to sit on a jury in Georgia either a state pardon or restoration of civil rights is required.
Running for Public Office: A criminally convicted person may not hold public office unless his or her civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude.
Voter Disenfranchisement: Georgia doesn't allow a convicted felon to vote until completion of the sentence. The rights are restored automatically.
Executor or Administrator of an Estate: They cannot serve as executor or administrator of an estate in probate court unless pardoned or had their civil rights restored.
College Scholarships: You may be denied college scholarships or grants.
Firearm Possession: In Georgia a convicted felon may not legally possess firearms unless fights have been restored and five years have passed without any subsequent offenses. A restoration of rights is not granted if convicted of any drug-related offense and rarely is granted for a gun-related offense.
DRIVERS LICENSE SUSPENSION
Being convicted of the following offenses in Georgia or any other state may result in the Georgia Department of Driver Services suspending your driver's license for various lengths of time:
|
|
Georgia Department of Driver Services/Customer Service Centers
|
Atlanta Customer Service Center # 50 445 Capitol Ave SE Atlanta GA. 30312 (404) 463-1490 |
Decatur Customer Service Center # 52 2801 Candler Road, Suite 82 Decatur GA. 30034 (404) 244-2178 |
Lithonia Customer Service Center # 67 8040 Rockbridge Rd Lithonia GA. 30058 (770) 484-3850 |
|
Fayetteville Customer Service Center # 87 278 McElroy Rd Fayetteville GA. 30215 (770) 460-2736 |
Griffin Customer Service Center # 1 1313 Arthur K. Bolton Pkwy Griffin GA. 30223 (770) 229-3415 |
Locust Grove Customer Service Center # 94 619 Tanger Blvd Locust Grove GA. 30248 (678) 565-4362 |
|
Forest Park Customer Service Center # 59 5036 Georgia Highway 85 Forest Park GA. 30297 (404) 669-3961 |
Jackson Customer Service Center # 88 149 Riverview Park Rd Jackson GA. 30233 (770) 504-2469 |
Conyers Customer Service Center # 46 2206 East View Parkway NE Conyers GA. 30013 (770) 918-5822 |
Suspension of your drivers license be devastating if you must drive to make a living or go to school or if you are the only driver in your household. If your drivers license has been suspended, One of the Atlanta criminal defense lawyers on this site can help you obtain an occupational license so that you can work, attend classes, get to medical appointments and perform essential household duties.
IMMIGRATION CONSEQUENCES
I am not a citizen of the United States. What happens if I am convicted of a crime?
Georgia is the sixth fastest growing state in the U.S. Nearly half a million immigrants have settled in Georgia in the last ten years. In 2009 there were approximately 230,000 legal permanent residents and an estimated 400,000 to 500,000 undocumented immigrants living in the state of Georgia. Over 25,000 Atlanta residents are foreign born.
Although a criminal conviction can have adverse collateral consequences for everyone, for a non-citizen, a conviction can have devastating results including exclusion, inadmissibility, removal and deportation. Felons may not be able to seek asylum, voluntary departure, or cancellation of removal. They also may be subject to mandatory detention.
So, non-Citizen clients require extra attention to details when deciding whether to accept a plea offer or go to trial. Many Atlanta, Georgia criminal defense attorneys with non-citizen clients will consult with immigration specialists, because this is a highly specialized field with severe consequences for some criminal convictions. Sometimes it may be better to accept a longer jail sentence in exchange for a plea to an offense that has no immigration consequences.
At present, in Georgia, when considering whether to grant probation, the sentencing court is authorized to inquire as to whether the person to be sentenced is lawfully present in the United States under federal law and whether he or she is eligible for deportation.
The Atlanta Immigration Court is located at 180 Spring Street, SW, Suite 241, Atlanta, Georgia 30303. The Atlanta Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge which is a component of the Executive Office for Immigration Review under the Department of Justice.
A knowledgeable Fulton County criminal defense lawyer will negotiate with the prosecutor to keep your American Dream alive.
Crimes involving Moral Turpitude:
This is a broad category of crimes usually involving anything done contrary to justice, honesty, principle, or good morals; an act of baseness, vileness, or depravity in one's duties to society and one's fellow man. This has been held to include cases involving: an intent to defraud; murder; voluntary or reckless manslaughter, kidnapping, attempted; domestic violence; stalking; child abuse; child neglect; child abandonment and violation of a protection order against credible threats of violence, repeated harassment or bodily injury; rape, whether common law or statutory; adultery; bigamy; prostitution; lewdness; sodomy; gross indecency and possession of child pornography; breaking and entering to commit larceny; trafficking in counterfeiting, perjury, willful tax evasion, bribery, using mails to defraud, misprision of a felony, harboring a fugitive, conspiracy to commit an offense against the United States, making false statements to avoid being drafted and draft evasion; making false statements to obtain a passport or for naturalization, making false statements to obtain a driver's license, making a false statement on a firearm application, passing bad checks or hot checks, false representation of a Social Security number, money laundering, and conspiracy to affect a public market in securities.
An alien who is returning to the U.S. may be inadmissible if convicted of a crime involving moral turpitude and may be refused admission, entry or visa and is not entitled to bond unless the crime is considered a "petty offense". The Atlanta criminal lawyers on this site can help determine whether your charge is one involving moral turpitude or not.
Aggravated Felonies:
This is a also broad category and not easily defined. Some misdemeanors may be classified as aggravated felonies for immigration purposes. Those convict of crimes in this category may not be able to seek asylum, voluntary departure, and cancellation of removal. They also may be subject to mandatory detention. A knowledgeable Atlanta immigration criminal defense attorney will work to prevent this from happening.
RESOURCES
|
Atlanta Immigration Court 180 Spring Street, SW, Suite 241 Atlanta, GA 30303 (404) 331-0907 Court Administrator Long, Cynthia |
Immigration Judges Cassidy, William A. Houser Jr., Wayne K. Pelletier, J. Dan Wilson, Earle |
The mailing address for the Immigration and Customs Enforcement (ICE)
Office of the Principal Legal Advisor (OPLA):
Office of Chief Counsel
Immigration and Customs Enforcement
180 Spring Street, Suite 332
Atlanta, GA 30303
Phone: (404) 893-1423 / (404) 893-1400
The mailing address for the Immigration and Customs Enforcement (ICE)
Enforcement and Removal Operations (ERO):
Field Office Director
Immigration and Customs Enforcement
180 Spring Street, Suite 522
Atlanta, GA 30303
Phone: (404) 893-1290
General Information for the ICE and CIS:
National Service Center: 1-800-375-5283
Forms Information Line: 1-800-870-3676
Online: http://www.uscis.gov
Court Interpreters and Translators
|
Chinese Mandarin Emily Yeh Chen CA-01052 1203 Briarcliffe Gables Cir. Atlanta, GA 30329 yehtihhwa@gmail.com (404) 728-0909 (678) 643-3688 (cell) |
Spanish |
Spanish |
|
Chinese/Cantonese Sylvia sham CA-01040 12120 Wexford Overlook Roswell, GA 30075 sylviasham@gmail.com (770) 518-0900 (404)457-8778 (770) 518-5924 (cell) |
Spanish Adrian Bernal CA-01027 135 Harold Byrd Dr. Decatur, GA 30030 (404) 734-8220 |
Spanish Carlos "Al" Guerrero CA-01006 267 Northgate Trace Roswell, GA 30075 alguerrero@bellsouth.net (770)992-0553 (770) 853-5010 (770) 992-8122 |
|
Spanish Patricia Hurley CA-01017 12 Basswood Circle Atlanta, GA 30328 camilaent@aol.com (770) 698-0077 (404) 630-5557 |
Spanish Mercedes Romero-Seastrunk CA-10155 1707 Legacy Cove Ln. Roswell, GA 30075 (678)349-2286 (770) 361-5747 |
Spanish Antonio G. Soca CA-01050 476 Connally Street Atlanta, GA 30312 (678) 488-2259 |
Rest assured that a seasoned Atlanta criminal defense attorney will be familiar with both federal and state laws and will have the expertise necessary to aggressively defend your case and see that your rights are preserved. Contact one of the qualified Atlanta criminal defense lawyers on this site today.
Serving clients throughout Northern Georgia, including Atlanta, Austell, Belvedere Park, Clarkston, College Park, Conley, Conyers, Covington, Dallas, Douglasville, Druid Hills, East Point, Fairburn, Fayetteville, Forest Park, Gresham Park, Griffin, Irondale, Lithonia, Locust Grove, Mableton, McDonough, Morrow, Newman, North Atlanta, North Decatur, North Druid Hills, Palmetto, Panthersville, Peachtree City, Powder Springs, Redan, Riverside, Scottdale, Smyrna, Snellville, Stockbridge, Stone Mountain, Tucker, Tyrone, Union City, Vaughn, Villa Rica, Worthville, and other communities in DeKalb County and Fulton County.