If you face criminal charges, you must have a skilled defense lawyer. Their help is vital. In Atlanta, the legal landscape is complex and demanding. A skilled criminal defense lawyer is essential. Lloyd J. Matthews IS a skilled and experienced criminal defense lawyer. Indeed he has over 30 years of experience in this area. A criminal defense lawyer will protect your rights and ensure the best outcome for your case. This post will guide you through Atlanta’s criminal defense law. But be mindful that Atlanta is a geographic area. The substantive law is contained in Georgia case law and statutory law particularly in title 16 and 17 of the O.C.G.A.. This little tutorial will explain why hiring a seasoned attorney is crucial to your defense. The criminal law applies not just to the Atlanta metro area but all over the state courts dotting our beautiful State of Georgia.
Understanding Criminal Defense Law
Criminal defense law is a tool which enables lawyers to defend in court individuals accused of crimes. A misdemeanor or felony carries high stakes- that is to say, the penalties if you are convicted can be life altering. The consequences and legal disabilities can be life-altering. A criminal defense lawyer in Atlanta represents clients from arrest to the verdict. But bear in mind that very often a defendant becomes dissatisfied with his or her counsel and begins looking around for another lawyer who is more responsive and appears to offer a better chance of a more favorable outcome. So quite often the lawyer enters the fray after the arraignment- after the client has had a better chance to evaluate their lawyer and perhaps to decide that they hired the wrong professional to represent them.
Types of Criminal Cases Handled
Criminal cases vary widely. A skilled attorney must handle many types of charges. Common criminal cases include:
- Misdemeanors are less severe offenses. Examples include petty theft, minor drug possession, and vandalism. Misdemeanors are less serious but can still lead to fines, community service, or jail time.
- Felonies: More severe crimes like assault, robbery, and murder fall under this category. Felonies carry harsher penalties, including lengthy prison sentences. • DUI/DWI Cases: In Georgia, driving under the influence is a serious offense. Penalties range from fines and license suspension to imprisonment.
- Drug offenses—possession, distribution, or manufacturing of illegal drugs—can have severe consequences.
- White-Collar Crimes: These non-violent crimes, like fraud and embezzlement, are often complex. They require a specialized defense strategy.
- Sexual Offenses- some of these carry sentences that rival the life sentences that a murder conviction can bring in its wake. A conviction can truly change the course of an individual’s life, and very much for the worse.
- Violent offenses- definitely Murder qualifies here, but also aggravated assault and manslaughter, Rape and many other varieties of sexual offense, not to mention kidnapping with bodily injury.
The Legal Process in Criminal Defense Cases
Understanding the legal process is crucial when facing criminal charges. The journey typically begins with an arrest. Then, at an arraignment, you will be charged and asked to enter a plea. Usually you can plead not guilty without any penalty and change your plea later. It is a good idea to plead not guilty so you can get the discovery, and this rule applies EVEN IF you may be guilty. If the case goes to trial, your lawyer will represent you. They will present evidence and arguments in your defense. In some cases, plea deals may be negotiated to reduce charges or penalties. After the trial, if the outcome is bad, post-trial motions or appeals may be needed.
Why You Need an Atlanta Criminal Defense Lawyer
Hiring an Atlanta criminal defense lawyer is essential for several reasons:
Local Expertise
Georgia’s legal system has its own laws and procedures. So, it’s vital to have an attorney who knows the local court rules. An Atlanta criminal defense lawyer knows Georgia’s laws. They will tailor your defense to meet the jurisdiction’s requirements, and also make sure that the defense fits the facts which they have discovered after a thorough investigation.
Experience in the courtroom
Seasoned attorneys have years of experience with cases like yours. This experience is invaluable in a busy multi-parts courtroom, where the DA is objecting and sometimes the Judge is fussing at the defense counsel and the court reporter is asking counsel what exhibit # it is, and the deputy is warning the defendant to quit shaking his head in the presence of the jury. There are so many moving parts that it is hard to describe in just a sentence or two. Every decision and action can greatly affect your case’s outcome. A good attorney does not get too flustered. This is not Lloyd Matthews’s first rodeo. He has been sole counsel in over 100 felony trials spanning many years. For some of those cases the D.A. thought he was going to get a conviction but the jury came back with a Not Guilty. Sometimes the Judge would begrudgingly inform the Defendant that he was free to leave the courtroom (without restraints on his wrists and ankles). It would be hard to describe the flood of emotion that must have washed over the defendant at that juncture. To be in jail for all those months and then to suddenly be told he or she was free.
Protection of Rights
A key role of a criminal defense lawyer is to protect your rights throughout the legal process. Your attorney will work tirelessly to uphold your rights in investigations, interrogations, and trials. They will ensure that evidence is obtained legally and prevent self-incrimination. Even if there has been self-incrimination, the defense attorney can still check to see if the Miranda rights were advised to the suspect. If there has been an illegal seizure of evidence the defense lawyer will file a Motion to Suppress. If there is a flaw in the indictment he may file a Demurrer.
Qualities to Look for in an Atlanta Criminal Defense Lawyer
The Process of Working with an Atlanta Criminal Defense Lawyer A criminal defense lawyer
can ease the stress and inherent uncertainty of legal proceedings. Knowing what to expect from the pretrial milestones helps the defendant to deal with the upheaval and the emotional turmoil.
Initial Consultation
The process usually begins with a consultation. You will discuss your case with the lawyer. This meeting will assess the lawyer’s expertise. It will help you decide if they are a good fit for your needs. The lawyer will assess your case’s strengths and weaknesses. He will then outline the possible outcomes. Lloyd Matthews has been known to provide free initial consultations.
Case Evaluation and Strategy Development
After the first meeting, the lawyer will evaluate your case. This may involve reviewing evidence, interviewing witnesses, and identifying potential defenses. The lawyer will use this review to create a strategy. He will aim for the best outcome for your case. Note that by the time the lawyer has to expend a lot of time studying the case he or she will have called upon the client to pay a retainer fee. Rare indeed is the lawyer who has devoted hour upon hour to investigating a case and yet the lawyer HAS NOT obtained an attorney fee payment. Yes, the lawyer cares deeply about justice but also Yes- the lawyer has a family and he has bills and he is trying to survive financially just like the rest of the community.
Court Representation
Your lawyer will represent you in court. They will present evidence, cross-examine witnesses, and make legal arguments for you. Your lawyer’s courtroom skills are vital to your defense. They matter in plea deal negotiations and trial advocacy. If the lawyer has a reputation for being a so-called “plea attorney” they will not be able to get the best plea deals. Why? Because prosecutors are not stupid. They realize that that lawyer will “fold”- they will accept whatever ridiculous plea offer the D.A. throws their way. They don’t have the courtroom skills to defeat the D.A. at a jury trial. The D.A. does not have the incentive to make a plea offer that will realistically lead to a resolution of the case short of a trial, for he or she knows that they can do circles around the defense lawyer if a jury trial should ever ensue. A criminal defense lawyer who doesn’t know his or her stuff can be made to resemble a fool in court.
Post-Trial Support
The legal process doesn’t always end with a trial. You may need help with post-trial matters, like appeals or expungements, depending on the outcome. A dedicated criminal defense lawyer will support you after the trial. They will give you the best chance of a good outcome. They will file a motion for new trial no later than 30 days after a conviction.
Common Criminal Cases Handled by Atlanta Criminal Defense Lawyers
Criminal defense lawyers in the Atlanta metro area handle a wide range of cases. Some of the most common include:
DUI/DWI Cases
DUI is a serious offense in Atlanta, and all over the State of Georgia. Penalties can include fines, license suspension, and jail time. A skilled criminal defense lawyer can challenge the evidence against you. This includes breathalyzer results and field sobriety tests. They can also work to reduce or dismiss the charges. Sometimes a DUI can be reduced to reckless driving and the driver’s license does not end up being suspended.
Drug Offenses
Drug offenses, like possession, distribution, or manufacturing of illegal drugs, carry severe penalties for the unfortunate person convicted. A good lawyer can challenge illegal searches and seizures. They can negotiate plea deals and defend your rights in court.
Violent Crimes
Assault, robbery, certain sexual offenses, and domestic violence (example- battery), are violent crimes. They can lead to long prison sentences. A criminal defense lawyer will try to build a strong defense. They may challenge witnesses’ credibility or argue self-defense. In rare instances an Alibi defense proves to be the best strategy. The accused was not at that location at the time the crime occurred. Identity is sometimes an issue: have the witnesses reliably identified the defendant as the person who committed the crime? If not, it can lead to a Not Guilty verdict. Keep in mind that as a general rule, if you get a conviction for a violent crime you will serve a larger percentage of your sentence if you get a prison sentence. The other drawback for a violent offense conviction- you are typically not eligible for lenient treatments such as pretrial intervention and diversion programs.
White-Collar Crimes
White-collar crimes, like fraud and embezzlement, are complex. They involve tricky financial transactions. They require a deep knowledge of criminal and corporate law. A lawyer skilled in white-collar crime can help. They can navigate these complexities and craft a defense. Their goal is to minimize the impact on your life and career. The main idea is, you say to the Prosecutor that if prison is imposed then restitution cannot be paid during the accused’s time in prison- so why not give straight probation so the accused can pay back the restitution? That is the general tenor of how you approach the District Attorney and lots of times it works. Keep in mind that the reason why somebody like Bernie Madoff can get 150 years in federal prison is, at least in part, because there was NO WAY he could pay the restitution- he simply did not have the $65 billion that his financial crimes cost his victims. If the amount embezzled was say, $85,000, then the accused might have a chance to pay off the restitution. That will give him some bargaining power with the D.A. although there are other factors at play, here. It is unavoidable that Punishment is a major component and motivator underlying any sentence for any criminal conviction in the State of Georgia. Rehabilitation is often-times a distant second in the scale of values that criminal law seeks to serve. When clients and family members are told this, by a defense attorney, sometimes they have trouble comprehending or accepting that fundamental law of criminal prosecution. They are only looking at their loved one from the standpoint of “what can society do to help the accused?” What they don’t realize is, the justice system is also set up to punish the accused should they be convicted of a crime. A criminal defense lawyer is not being rude, just by explaining the rules of the game. You want your lawyer to “give it to you straight” with no chaser.
How to Choose the Right Atlanta Criminal Defense Lawyer for Your Case
Selecting the right lawyer is a critical step in your defense. Here are some tips to help you make an informed decision:
Research and Referrals
Start by researching lawyers who specialize in criminal defense in metro Atlanta. Referrals from friends, family, or other legal professionals can also be valuable. Find lawyers with experience in similar cases. They should have a reputation for winning. But we need to understand that “winning” can also mean “staying out of prison”. A “win”, and whether any specific result is a win, must always be evaluated and compared with what the accused COULD have received if they were convicted by a jury. We don’t make our definitions in a vacuum, in life.
Questions to Ask
During your initial consultation, ask the lawyer key questions to assess their suitability. These might include: • How many cases like mine have you handled? • What is your success rate in criminal defense cases? • How do you approach plea negotiations? • What are your fees, and how are they structured? These questions will help you assess the lawyer’s experience and fit for your needs.
Fee Structure
Understanding the lawyer’s fee structure is essential before making a decision. Criminal defense lawyers may charge a flat fee or an hourly rate, depending on the complexity of the case. Know the costs and any potential extra expenses. An example of an extra expense is, say you want a transcript of a pretrial hearing. That expense is not deducted out of the attorney fees. It is a separate “litigation expense”. Lloyd Matthews has an IOLTA account and he puts money in that to cover the expenses of criminal defense litigation.
Conclusion
Facing criminal charges is tough. But the right Atlanta Metro criminal defense lawyer can help. A skilled lawyer is your best ally. They protect your rights and navigate the legal system. They can help you win your case. If you or someone you know is facing criminal charges in Atlanta, don’t hesitate to seek legal help. Contact an experienced Atlanta criminal defense lawyer today. Discuss your case and start to protect your future. Lloyd Matthews, Attorney at Law has over 30 years of experience. They provide free initial and preliminary consultations. Their area of practice runs the gamut, from fairly minor or petty offenses on up to rape and murder.
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