Criminal Defense & The First Offenders Act

Criminal Defense & The First Offenders Act

 The First Offenders Act (FOA) is also knows as a withheld adjudication and is a very important statute for defendants in Georgia. What is the FOA and why is it so important?

Basically, the FOA says a defendant can plead guilty to a particular charge, serve the sentence handed down by the judge, but not have a conviction on their record if the sentence is completed successfully. The FOA can only be used once.

The FOA is usually used to avoid having a felony charge. A felony conviction can seriously affect a persons life by inhibiting their civil liberties. Owning or possessing a firearm, voting, receiving government benefits, and holding public office are all civil liberties affected by receiving a felony conviction. It can also be significantly harder to find employment with a felony record. Although the FOA can be used to avoid a felony, some felonies do not qualify for the FOA. These charges include murder, rape, and sex related crimes.

FOA can also be used for misdemeanors, although this is not usually advisable as misdemeanors aren’t as damaging as felonies. If you are facing a misdemeanor charge, your criminal defense lawyer will help you determine whether or not using the FOA is a good idea for you. Although the FOA can be used for almost all misdemeanors, it can not be used for a DUI charge.

The FOA is a great statute for defendants, but it must be used carefully. The privileges of the FOA can be completely lost if a defendant violates their probation or parole. The defendant’s entire sentence must be served successfully before the benefit of the FOA can be received.

The FOA is not something that should be used without serious consideration with your criminal defense lawyer. Call Kyle today at (770) 744-5250 to determine whether or not you can benefit from the FOA.

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Misdemeanor vs Felony Charges

Misdemeanor vs Felony Charges

Crimes can either be categorized as misdemeanors or felonies. The classification of a crime determines how the court is going to proceed with the case and also determines the potential consequences of committing a crime. Understanding the basic differences between misdemeanors and felonies is very import if you have committed a crime.

Before we get to the differences between misdemeanors and felonies, lets talk about infractions. Many of you may have heard this term before and it is the least serious type of crime you can commit. An infraction is usually something simple like a traffic ticket. These types of offenses usually involve a simple fine, little to no time in court, and little to no time in jail.

A misdemeanor is more serious than an infraction. A misdemeanor can be characterized as a crime that can be punished by jail time of up to one year, or a crime that is not a felony or infraction. Oftentimes, jail time received for committing a misdemeanor can be served in a local jail as opposed to a prison. Generally, a prosecutor has flexibility in determining what misdemeanor crime to charge a person with, what penalties they should receive, and plea bargaining.

A felony is the most serious type of crime you can commit. These crimes can be penalized by more than one year in prison. Because penalties can be severe, it is imperative that all court room proceedings are very exact and by the book. This is to protect your rights. Felony crimes include rape, sodomy, arson, etc.

If you have been charged with any type of crime, it is important to hire a criminal defense lawyer to make sure your rights are protected and that you are receiving the best deal possible. Whether you’ve been charged with a misdemeanor or felony, call Kyle today for the best criminal defense lawyer in Woodstock.

 

Drug Possession Atlanta | Atlanta Criminal Lawyer

Drug Possession Lawyer Atlanta

Drug possession lawyer Atlanta – Drug possession laws state that it is a crime to possess illegal controlled substances. Some examples of these include marijuana, methamphetamines, cocaine, LSD, heroin, etc. Drug possession laws can also include paraphernalia. The laws surrounding these charges are tricky and should not be faced without a good criminal defense lawyer.

The laws and penalties can vary based on the type of drug, the amount, and your location. Although these charges are serious, the burden of proof lies with the prosecutor and the prosecutor must be able to prove beyond a reasonable doubt that you knew the drug was illegal and that you knew you were in possession of it. Drug possession charges fall into two different categories- simple possession and possession with intent to distribute.

Simple possession indicates that you were only in possession of an amount small enough for personal use, while possession with intent to distribute indicates that you were in possession of a much larger amount. Possession with intent to distribute carries much harsher punishments and penalties.

Although these charges should not be taken lightly, there are several ways your defense lawyer can help build a good defense for you. The first is unlawful search and seizure, which is a violation of your Fourth Amendment rights. Another is to build the defense that the drugs belonged to someone else. If you did not know about or have control over the drugs, it will be much harder for prosecutors to prove the charges. Crime lab analysis and “missing drugs” are also good defenses. The drugs must be sent to a crime lab, be tested, and test positive for the drug prosecutors are claiming you had possession of. The crime lab analyst must then come testify at your trial. Similarly, prosecutors should be able to produce the drugs at your trial as evidence in order for you to be prosecuted. Other defenses that can be used but are harder to prove are that the drugs were planted and entrapment.

Kyle is a skilled criminal defense lawyer and has successfully defended many clients against drug possession charges. He will take the time to go over all the facts of your case and build the best defense possible for you. He knows some drug possession charges are best negotiated with a prosecutor while others are best handled through a trial. Call Kyle today and he will work with you to achieve the best possible outcome for your case.