Best Criminal Litigation Lawyers in Marietta

About Criminal Litigation Law in Marietta, United States

Criminal litigation in Marietta, Georgia, involves the legal processes and procedures used when an individual is accused of committing a crime. This area of law covers everything from the investigation and arrest of a suspect to court proceedings and potential sentencing. In criminal cases, the government prosecutes individuals or entities accused of illegal activities, and the accused has the right to defend themselves through various legal means. Common criminal offenses in Marietta include DUI, theft, drug offenses, assault, and more serious felonies. The courts responsible for criminal matters in Marietta are part of the Cobb County judicial system, which follows both Georgia state laws and local ordinances.

Why You May Need a Lawyer

There are many situations where someone might require legal help in the realm of criminal litigation. Some common scenarios include:

• Facing arrest or formal criminal charges
• Receiving a summons to appear in criminal court
• Being the subject of a criminal investigation
• Wishing to understand rights after detention or questioning by police
• Needing help navigating plea bargains or negotiations
• Seeking expungement or removal of criminal records
• Wanting to appeal a conviction or sentence

A qualified criminal defense attorney can provide guidance, protect your rights, and advocate on your behalf in court or with prosecutors. They can also explain the charges, potential consequences, and your options throughout the process.

Local Laws Overview

Criminal litigation in Marietta is governed by Georgia state law as well as local rules and procedures of Cobb County. Key aspects include:

• The Georgia Criminal Code defines offenses and prescribes penalties for misdemeanors and felonies
• Local law enforcement, such as the Marietta Police Department and Cobb County Sheriff, investigate and enforce criminal laws
• Cases are heard in Municipal Court (for city ordinance violations and certain misdemeanors), State Court (for most misdemeanors), and Superior Court (for felonies)
• Georgia law provides for arrested individuals to be informed of their rights, including the right to remain silent and the right to attorney representation
• Bail procedures and pretrial release options can vary depending on the nature of the offense
• DUI and drug possession offenses have specific Georgia statutes with enhanced penalties for repeat offenses
• First offenders may be eligible for programs aimed at deferred adjudication or record sealing
• The appeals process follows strict deadlines and procedures under Georgia law

Understanding these local factors is crucial for anyone involved in a criminal case in Marietta.

Frequently Asked Questions

What should I do if I am arrested in Marietta?

Remain calm, do not resist arrest, and exercise your right to remain silent. Ask to speak to an attorney as soon as possible and avoid answering questions without legal representation.

Do I need a lawyer if I am innocent?

Yes. Even if you are innocent, navigating the criminal justice system can be complex and overwhelming. A lawyer can advocate for you, ensure your rights are protected, and work to have charges dismissed or reduced.

What is the difference between a misdemeanor and a felony in Georgia?

Misdemeanors are less serious offenses, punishable by up to one year in jail, while felonies are more severe crimes that carry penalties exceeding one year, including potential prison time.

Can I be released on bail after being charged?

In many cases, individuals are eligible for bail. The exact amount and conditions depend on the nature of the offense, criminal history, and risk factors evaluated by the court.

What happens at a first court appearance?

At the first appearance, charges are formally presented, and defendants are informed of their rights and the option to request bail. Court may appoint a lawyer if you qualify and cannot afford one.

How long does a criminal case take in Marietta?

The timeline varies depending on the charges, court schedules, and complexity. Misdemeanor cases may resolve in weeks or months, while felonies can take several months or longer.

What are plea bargains and should I accept one?

A plea bargain is an agreement to plead guilty in exchange for a reduced charge or lighter sentence. Whether to accept one depends on your case and should be discussed with your lawyer.

Can my criminal record be cleared in Georgia?

Some offenses qualify for record restriction or expungement, especially for first-time offenders. The process involves court approval and meeting specific requirements under Georgia law.

What are my rights during police questioning?

You have the right to remain silent and the right to an attorney. You are not required to answer police questions without your lawyer present.

How do I find the best criminal defense attorney in Marietta?

Research attorneys with experience in Georgia criminal law, check reviews, ask about experience with cases similar to yours, and schedule consultations to assess fit and communication.

Additional Resources

Here are some helpful organizations and resources for those seeking guidance in criminal litigation in Marietta:

• Cobb County Public Defender's Office - for those who cannot afford private counsel
• State Bar of Georgia - lawyer referral services and legal information
• Georgia Legal Services Program - assistance for qualified individuals
• Cobb County Superior and State Courts - official information on court locations and procedures
• Marietta Police Department - reports and arrest information
• Georgia Department of Corrections - information on incarceration and parole

These resources can provide information, representation, and support throughout criminal proceedings.

Next Steps

If you or a loved one are facing criminal charges in Marietta, prompt action is critical. Consider the following steps:

• Do not discuss your case with police or others without legal counsel present
• Gather any documents or information related to your case
• Contact a qualified criminal defense attorney for an initial consultation
• Review your financial situation to determine if you qualify for a public defender
• Attend all scheduled court appearances and follow your lawyer's advice closely

Taking these actions will help protect your rights and put you in the best position to resolve your case favorably.