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.

 

Cobb County Georgia-Super Speeder Law

Georgia’s Super Speeder Law

Criminal Defense Attorney Woodstock Ga

You may have heard of Georgia’s super speeder law before, but how much do you actually know about it? Do you know exactly what the parameters of the law are? Do you know what the consequences of violating the law are? Read on to find out and learn why hiring a defense lawyer may be a good idea.

Georgia’s super speeder law states that a super speeder is someone who is driving 75 mph or more on a two lane road or 85 mph or more on any road or highway in Georgia.

If you receive a super speeder ticket, it is important to hire a lawyer immediately! You only have 120 days from the day you receive the ticket to pay the $200 fine (plus local speeding ticket fines) , or your license will be automatically suspended resulting in even more fines to reinstate your license. However, if you pay the fine you are pleading guilty to a super speeder ticket, which can have grave consequences. If you pay the super speeder fine, your auto insurance rate may increase drastically. Furthermore, even if you pay the fine, the state of Georgia may suspend your license anyway! Pleading guilty to the super speeder ticket also results in many points on your driver’s license. It is important to hire an attorney in order to make sure none of your rights are being violated. Hiring an attorney is a crucial step in making sure your right to drive does not get revoked and reducing the number of points that go on your license.

If you have already paid your super speeder ticket, it is not too late to hire an attorney. An attorney can go over all the details of your case with you, and in some instances can file a motion to change your guilty plea. This is not always the best option, and the motion may not always be granted, but if it is granted your case would begin again.

Kyle will take the time to go over all the nuances of your particular case and make sure none of your rights have been violated. He will go over all your options with you and make sure you receive the best possible outcome after receiving a super speeder ticket.