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COMMONLY ASKED QUESTIONS ABOUT CRIMINAL LAW IN GEORGIA

Criminal Law FAQs

Arraignment

Arraignment is the formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty. Silence will be assumed as a plea of not guilty.

Miranda warning

Police officers must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided. This is known as Miranda warning.

Misdemeanor and felony

In general, it is fair to say that a misdemeanor can be defined by the maximum length of time a person can be incarcerated for the crime, usually no more than one year. Crimes with a minimum jail time of over a year are usually felonies.

Arrest and Immigration

Any criminal record including arrest can affect your immigration status if you are not a US citizen. You may even be deported in some cases.

First offender probation

Georgia has a special program to help first time offenders get their life back on track. If a first time offender successfully completes the program, the crime will not appear on his or her records. There are certain eligibility criteria. The charge must be that of a non-violent felony except DUI and there must be no prior convictions. If the terms of the program are violated, the person may be sentenced to the full prison term.

Probation

A person sentenced to a term of probation must comply with a variety of restrictions on his or her activity during the entire term. Any violation will result in the probation being revoked. Violation of any general conditions of probation is considered a technical violation. Technical violation will result in revocation of probation up to two years. So the person has to go back to jail. Once out of jail, he or she must complete the time left on the probation. Violation of special conditions of the probation or conviction for a new crime during the probation will result in the probation being revoked for the rest of the term. The person must serve the remaining sentence in jail.

Facing a criminal indictment or charge in Georgia?  Contact an experienced Athens GA lawyer immediately.

Our criminal defense law firm defends cases in Athens, GA (Georgia), Athens-Clarke County, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, University of Georgia (UGA), Piedmont Judicial Circuit, and the Northern Judicial Circuit. We can help you fight your alegations. Call our law firm at (phone).