Criminal Law

Also referred to as penal law, criminal law involves suspicion, investigation, arrest and/or prosecution by the government for an act classified as a felony or misdemeanor crime. This process and even the implication of being involved in a criminal investigation or prosecution can be disastrous to one’s personal, business, or social reputation and life.

Criminal defense matters impact people's lives both emotionally and financially, forcing changes they are not legally prepared to handle. Hopefully, you will never experience the stress of being accused of a crime. But, no matter how small the issue seems to be, putting your case in the hands of a competent defense lawyer ensures that your rights are protected and improves your chances for a favorable outcome.

Types of crimes

There are two main categories of crime, felonies and misdemeanors, based on the seriousness of the crime and affecting the length of punishment:

Felonies

The most serious type of crime, felonies are generally punishable by more than a year of imprisonment. The accused has a right to a jury trial when charged with a felony. Typical felony crimes include these charges:

Murder
Rape
Robbery

Burglary
Kidnapping
Treason

Misdemeanors

These crimes are less serious, and they are generally punishable by less than one year's imprisonment. If the crime is considered serious enough, the accused has a right to a jury trial, but misdemeanors are generally heard before a judge. Some examples of misdemeanors include these:

Petty theft
Public intoxication
Disorderly conduct

Personal use drug possession
Vandalism
Simple assault

Protecting your rights

The criminal process is frightening, confusing, and complex. This is why the most important right for you to understand is your right to an attorney. The McGarity Group’s attorneys know the Georgia laws governing your rights throughout every part of the criminal process:

Stops: It is unlikely that an attorney can be present if you are stopped for questioning by the police, and, as long as you are not taken to a different location, a stop is not considered to be an arrest. Still, you do have a right to refuse to answer questions, and our attorneys will be interested in the details of the stop if you are arrested.
Searches: Our attorneys know when a search requires a warrant and the special situations in which a warrant is not required.
Arrest: We can determine if there is probable cause, and we make sure your constitutional rights were protected during an arrest.
Arraignment: We represent you in your arraignment and help you choose from four possible pleas that would give the best possible outcome for your case. We also fight for your release until the trial, either through bail or on your own recognizance.
Speedy trial: In Georgia, you must specifically request a speedy trial. We can handle that request or waive the right to a speedy trial in the event that additional time will be needed to prepare your defense.
Trial: We will help you choose between a bench trial (before a judge) or a jury trial and argue your case in court. When appropriate for the best outcome, we can negotiate a plea agreement and avoid a court case.
Appeal: Georgia law allows the right to appeal, in most cases within 30 days of a guilty verdict. There are many reasons why an appeal might be needed, including various disallowed practices that occurred during the trial or the discovery of new evidence after the trial. Our attorneys do not consider your case closed if you receive a guilty verdict. We will continue to fight for your rights when an appeal is possible.
Expungement: In some cases, Georgia law allows the records of your case to be destroyed or restricted from being disclosed. If your case meets Georgia’s requirements for expungement, we will work to restore your reputation.

Experience on both sides of criminal cases

Our lawyers and staff have been on the front lines of these types of cases for many years. Mr. McGarity and Mr. Bratton worked as prosecution attorneys prior to their current careers defending these cases. We know firsthand what strategies best serve our clients accused of criminal acts. Let our years of experience help you and your family better deal with any criminal matter that may arise.

Call us

Before talking to the authorities, contact The McGarity Group to discuss your case and determine the best course of action. Call us today at (877) 851-4261. Or, contact us online.