Criminal cases in Georgia are divided into two types: felonies
and misdemeanors. Felonies carry a punishment of at least one year
in prison. Misdemeanors carry a punishment of up to twelve months in
a county jail and a $1,000 fine, although some misdemeanor fines can reach
as high as $5,000. Many felony and misdemeanor sentences can be
served on probation, but certain felony and misdemeanor offense carry
mandatory minimum incarceration time.
Time is of the essence in a criminal case. If you have been arrested
and released on bond, there is a period of time between your release and
the time that you are required to go to court for arraignment.
Arraignment is a court appearance where you are asked to enter your plea
(of "not guilty," "guilty," or "nolo contendere")
to the charges filed against you. If you plead "not guilty" at
arraignment, you are given another date to come back to court. If
you want to have any chance at all to avoid being convicted as charged,
you should have an attorney representing you at arraignment. Certain
motions that are critical to the outcome of your case have to be filed
within 10 days of arraignment or else they are
forever waived unless special permission from the judge is granted. Do
not count on getting special permission from the judge. Hire an attorney
before your arraignment date.
Another reason to hire an attorney early on in the process of
a criminal case is the need for thorough investigation. Witnesses who are
critical to your defense must be interviewed; documents that help your
side of the case must be obtained; and pictures of the alleged crime scene
or other important venues must be taken before important information
disappears.