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Being charged with a crime in Douglasville can mark the beginning of a long and stressful ordeal. Georgia’s criminal courts can impose serious consequences on defendants who admit guilt or are found guilty of committing a crime. A Douglasville criminal defense lawyer can protect your rights and secure a pathway to a favorable outcome in your case.
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If you are facing criminal charges in Douglasville, you need legal representation from Draper Legal. Our founding attorney, Christy E. Draper, is a longtime advocate for those facing criminal charges in Georgia. She is an active member of the National Association of Criminal Defense Lawyers and the Georgia Association of Criminal Defense Lawyers.
When you work with our legal team, you benefit from our lead attorney’s decades of experience and years of leadership in the local community of criminal defense lawyers. We understand the stress that can accompany criminal charges, and our firm can provide you with the strongest chance of beating your charges and avoiding serious penalties.
Douglasville faces crime rates that place it close to the national average. The total crime rate is approximately 24.39 per 1,000 residents, putting the city in the 49th percentile for safety. Violent crime remains relatively low, at about 2.89 incidents per 1,000 residents, though property crimes make up the majority of reported offenses. Douglasville boasts more than 34,650 residents, and we have approximately 20.3 police officers per 10,000 residents.
With local officers present in the area, this can increase the likelihood of arrests for locals especially for less serious offenses. Sometimes overzealous policing can occur, where local law enforcement exhibits over-enthusiasm for enforcing specific laws. This can result in intrusive authority, which can negatively impact our community. Contact us if you need a lawyer to discuss your charges and a strong defense.
Effective defense strategies work to chip away at the prosecution’s case so they can no longer prove your guilt beyond a reasonable doubt. Defense attorneys cast doubt on the state’s case by questioning the reliability or credibility of witnesses. In other cases, they may argue that the prosecution cannot prove that you were even at the scene of the crime when it took place.
Lawyers often start by carefully examining evidence and how it was collected. If your rights were violated by law enforcement, any evidence they collected may be deemed inadmissible in court. Lack of criminal intent or self-defense can also be viable defense strategies, depending on the type of criminal charge you are facing and the facts of the case.
If you are facing criminal charges and care about protecting your freedom, your first step should be to hire a criminal defense lawyer who has won many criminal defense cases for previous clients. Experienced Douglasville criminal defense attorneys have a developed understanding of Georgia’s complex criminal defense laws. An attorney can use their experience helping clients facing similar charges to benefit your current situation.
An attorney can speak on your behalf so you do not incriminate yourself. They can negotiate with prosecutors or aggressively fight your charges by finding weaknesses and inconsistencies in the prosecution’s case. Whether you avoid serious penalties through a plea bargain, strategic filing of motions, or trial, your attorney can be a critical advocate who defends your rights.
This is when an individual goes to magistrate court and files a criminal proceeding against another individual. The person who allegedly committed the crime will be served with the complaint/allegations and be ordered to court to defend themselves. The judge will listen to evidence and determine whether it is more probable than not that the person committed the crime. If the judge makes this determination, the person is arrested in court and booked.
The Defendant is entitled to a bond hearing within 72 hours of arrest. If no bond is set, or it is set too high, the defendant can petition for another bond hearing. This is often times done to not only attempt to get the client out of jail, but also to gain a better understanding of the case before arraignment.
When a Defendant is being held in jail either without bond or with a bond that they can not make, they may petition the court for a probable cause/preliminary hearing. Typically the hearings are held before a magistrate court and the state will call the arresting or investigating officer as the one and only witness. The burden of proof for the state is more probable than not that the person committed the crime. If the judge makes this determination, the Defendant is “bound over” to either Superior Court (to the Grand Jury) or State Court.
A Panel of 20-24 citizens of the county. One of their functions is to hear evidence on criminal felony cases and determine whether there is probable cause to issue an indictment which is the document that states what the formal charges are against a Defendant. The Grand Jury only hears evidence on felony cases, but not all felony cases. If the Defendant is detained in jail and has not had a probable cause/preliminary hearing, and is charged with a felony, they are always entitled to Grand Jury indictment. However, if they are out on bond and if the Defendant is charged with certain felonies as listed in O.C.G.A.17-7-70.1, they are not entitled to Grand Jury indictment; the case will be drawn as a Felony Accusation.
This is the court proceeding whereby the Defendant finds out what he or she has been formerly charged with by the prosecutor. This is an extremely important date! All motions must be filed prior to or within 10 days of the arraignment date! In certain jurisdictions, arraignment can be waived, however the waiver of arraignment must be served before the arraignment date (not on the arraignment date) to avoid having to appear in court and the motions must still be filed before arraignment. If the Defendant does not waive, at the arraignment the Defendant can request that the charges be read to him or her in open court, however, the standard procedure is to get a copy of the charges from the prosecutor. The Defendant then enters a plea of guilty or not guilty. In some cases, there may already be a plea agreement worked out (a negotiated plea) or the attorney may be able to work one out at the arraignment.
This is when the Defendant enters guilty plea (or some alternative, such as Nolo). Different jurisdictions and judges handle guilty pleas in different ways, however the standard guilty plea will consist of the Defendant being told what the charges are that he/she is entering a plea to and the maximum sentence they could receive for those charges and the sentencing recommendation being made; they are told their constitutional rights; the judge is given a brief statement of facts that support the charges the Defendant is entering a plea to. The judge may have some questions or may require the Defendant to explain what took place. If the judge accepts the sentencing recommendation, typically the case is finished. In some circumstance, the Defendant will enter a non-negotiated plea when they want to plead guilty but they do not agree with the prosecutor’s recommendation and think the judge will give them something better – this can be extremely risky for the Defendant.
This is when we go to court and argue over the motions that are pending, for example, a motion to suppress or a motion to sever. Some of these hearings are held on a motion calendar day and some are heard immediately preceding the start of the trial.
Bench Trial: The Defendant can chose to have the judge determine whether they are guilty or not guilty.
Jury Trial: Every Defendant has the right to have the case tried by a jury of their peers. In felony cases they are entitled to twelve jurors and in misdemeanors they are entitled to six jurors. Depending on the anticipated length of the case, alternates may be chosen.
The Defendant or the State can request a pre-sentence investigation, which is usually conducted by the probation office. Once the investigation is complete, the probation office will submit a report to the court that states what their investigation consisted of and what sentence they recommend.
Depending on the severity of the case, the judge may set sentencing for a separate hearing on a date sometime after the conclusion of the trial.
A Defendant that has been convicted by the court or a jury can file a motion for new trial with that court. This must be filed within 30 days of the sentencing order.
Appeal: After losing a motion for new trial, the Defendant can file a notice of appeal with the Georgia Court of Appeals. This must be filed within 30 days of the order on the motion for new trial, or if the Defendant did not file a motion for new trial, within 30 days of the sentencing order.
Once the Defendant is away serving their prison sentence, they may file a petition alleging there “person” is being illegally detained and can list basically list all the things that were argued on appeal.
Call Us Now 770-942-1792
A: The cost of a criminal defense attorney depends on their hourly or flat rate they charge for services. Attorneys who have practiced law for longer and have a stronger reputation for successfully defending clients often charge more for their services. When assessing fees, lawyers consider how much time and resources they will need to put into a case.
A: Yes, defense attorneys can work hard to cut deals with prosecutors, although results are not guaranteed. They typically do this during the pre-trial phase by emphasizing mitigating circumstances tied to the case and reviewing settlement offers by the prosecution.
If the prosecution makes a favorable settlement offer and the defendant accepts the deal, that could resolve the case without requiring the defendant to go to trial or face the most serious penalties under the law.
A: The most effective defense strategy is the one that is tailored to the facts of the case. In some cases, a defense lawyer may argue that no crime was committed. In other cases, the defendant may benefit from arguing that they were misidentified or that the actions they took were not with criminal intent. Legal strategies should reflect the facts of the case and focus on potential weaknesses in the prosecution’s case.
A: If you are facing criminal charges, you need representation from a criminal defense lawyer who has years of experience in handling criminal cases. A defense attorney understands the state’s criminal laws regarding felony and misdemeanor charges and knows how to successfully fight their clients’ charges. An attorney can explore all available defense strategies and you can count on us to help you navigate the criminal justice system.
A: If you are looking for a criminal defense attorney, try to find someone who has vast experience in handling criminal law cases. The more years of experience they have, the better. Another important consideration is whether they have represented other defendants who’ve faced your specific criminal charge. When you meet with your lawyer, ask about their recent cases and how they secured favorable outcomes for their clients’ cases.
Whatever criminal charges you’re facing, Draper Legal can provide effective help. As a former Assistant District Attorney, she understands how prosecutors build their cases. She can bring this unique perspective to help you beat your charges and work towards the most positive outcome possible.
When you need a compassionate lawyer who can help you move beyond your current situation, give us a call. Contact our office today to speak with a zealous attorney who can fight for you.
Christy E. Draper, Attorney at Law, is a highly qualified and dedicated attorney
who meticulously manages every detail of your case.
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