Georgia Criminal Lawyer

High Powered Representation & Personalized Service

When facing a criminal charge, you stand to lose your freedom, liberty, and personal assets. The stakes are far too high to leave your criminal defense representation to just any Georgia Criminal Lawyer. At the Law Office of Lawson and Berry, there is virtually no criminal case we cannot handle. Beyond our 50 combined years of experience, we have worked all across the state of Georgia and we bring a strong team to your defense!

Being arrested and charged with a crime can be a horrifying and humiliating experience. The effects could derail your life and career, and all you want is for it to go away. Therefore, you should get the most experienced Georgia Criminal Defense Attorneys on your side now! Law enforcement doesn't always conduct a complete investigation, and they may not be open to the possibility that you are not guilty. That is why we intervene on your behalf and communicate your innocence to both law enforcement and the prosecution. Our Criminal Justice Attorneys in Georgia can defend you even before your case goes to the courtroom! Do not be intimidated by aggressive prosecutors trying to scare you into accepting a plea deal! Instead, call a Georgia Criminal Defense Lawyer with a proven track record and experience in courthouses throughout the state to fight the charges.

Why Lawson & Berry Make The Difference

Ignoring the fact that Lawson and Berry and their team of Georgia Criminal Defense Attorneys have over 50 combined years of experience, there are numerous other reasons why our office makes the different. First, we firmly believe that a strong defense does not begin in the courtroom but rather as soon as a potential client is charged with a crime and that is why we offer free case evaluations. However, most reputable criminal defense law firms offer a free initial consultation but what they don't tell you is that you will be meeting with a case manager or administrator, not an actual attorney that will be working on your case. Then after that, the attorney just supervises the case manager and does not do the detailed work on the case. Our Georgia Criminal Attorneys handle our criminal cases very differently. We believe that a licensed Attorney experienced in criminal defense should deal with your case at every stage. We do not allow any inexperienced people to work on your case. More importantly, when coming into our office, you will be matched with a Georgia Criminal Defense Lawyer who will cooperate with you and provide regular updates on your case.

We work directly with every client through each stage of a criminal case. We combine our trial skills, negotiation tactics, and detailed familiarity with the community that might stand between you and a criminal conviction in Georgia. Our clients have voted us as Georgia's best criminal lawyers and we have worked hard to earn this title. To help us understand your goals better, we ask what the most important things are to you. For example:

Do you want to avoid jail time?
Do you want to keep your record clean?
Do you need the case resolved quickly?
Do you want a lower fine?

After you have ranked these desires in order of important to you, then one of our criminal attorneys in Georgia can begin to work out the best defense strategy based on your wishes.

To Start With, What is a Crime?

We hear about crime all the time. We see it in television shows, hear about it on the radio, and read about it in the newspaper. The daily exposure we get to crime can tend to make us think we understand it, but do we really? What actually is a crime?

Some actions are definitely crimes without you having to think twice. Some examples of this are murder, kidnapping, stealing a car, and burglary. However, did you know that rolling a stop sign is considered a crime? How about cutting across a field that says no trespassing? Or lying to a police officer about your name? Some of these are not deeds that we generally consider crimes. They aren't the hot ticket crimes we see all the time. However, this does not make them any less of a crime or any less punishable. People who commit these crimes might be arrested or even convicted. They may be required to pay a fine, perform community service, or serve time in jail.

Every state has a code or statute that defines and describes every act that is considered a crime. In Georgia, these definitions are contained in the Official Code of Georgia Annotated (O.C.G.A.). Crimes can be found in Title 16. There any many crimes that are universal no matter what state you are in or sometimes what country you are in. However, there are some crimes that may not be considered a crime in other states. It does not matter if you live in Georgia or are just visiting, while in Georgia, you must abide by our laws. The argument “but I didn't know it was a crime in Georgia because it isn't where I live” does not apply and will not be accepted by a judge. Furthermore, even if states have the same crime, they may have different requirements. An example is burglary. Georgia defines the crime of burglary different from other states. All of our Criminal Defense Lawyers in Georgia understand the subtle differences between crimes and know how to best defend against them.

The Georgia Code on crimes can be found here.

What Are Your Rights When Charged with a Crime?

If you are arrested for a crime, you automatically become subject to the criminal justice system. While many people disagree with the system and try to fight it, Georgia follows the rules already set out, and unless there has been a violation of the laws, by entering Georgia, you implicitly agreed to these rules. The criminal justice process starts when a person is suspected of committing a crime and is arrested and ends upon the final disposition of the case. There are numerous steps in between such as arraignment, trial, hearings, formal arrest, and indictments. That is where a Criminal Defense Lawyer in Georgia comes in.

Many people are under the misconception that you do not have any rights when you are arrested. However, this is false. United States Citizens have constitutional protections that dictate how they should be treated when arrested. One of these protections is due process as stated in the Fifth Amendment to the U.S. Constitution. Another protection is that people cannot be charged with the same crime twice. This is called double jeopardy. One safeguard that people are familiar with is the right to an attorney. The list of protections goes on but what you need to understand is that your Attorney must make sure all of your rights are being protected and if not, to bring up these concerns to the Court. All of our Georgia Criminal Defense Attorneys know what rights you are entitled to and how to protect your rights.

Understanding Criminal Defenses

There are a multitude of arguments that can be applied to your case. Every case is unique, and there is no one generic defense that is guaranteed to obtain you an acquittal. You need a Georgia Criminal Lawyer that knows how to analyze the law and make it work for you. Someone who is familiar with the court system and what arguments judges like and which ones they disagree with. In addition, what worked for one person's case may not work for your case. The criminal justice system is not a one size fits all, but varies according to the intricacies of each case.

The Office of Lawson and Berry is dedicated to investigating your case. Researching Criminal Defenses in Georgia on your own can be overwhelming and time consuming. Let us do the work for you. We have over 50 years of criminal defense experience and know how to examine your case. We will challenge the State's case against you by using Georgia Criminal Defenses. We will spend hours reviewing your case. We will speak to witnesses, obtain police reports, and watch videos. No Georgia Criminal Attorney can accurately advise you without researching the unique details of your case. You can rest assured that our lawyers will use every resource we have to develop the best defense possible. Any delay in obtaining help can hurt our ability to give you the best possible defense! We are here 24/7, including weekends and holidays. Contact us now for a free case evaluation.

Frequently Asked Questions About Georgia Criminal Law

What is the Difference Between a Misdemeanor and a Felony?

The main difference between a misdemeanor and a felony is the severity of the crime. Less serious or minor offenses are classified as misdemeanors. Some examples include public intoxication, public indecency, littering, speeding, trespassing, and petty theft. Misdemeanors are non-violent crimes and are a type of mistake that anyone can make. The maximum penalty for a misdemeanor conviction in Georgia is a $1,000 fine and up to 12 months in jail. However, a conviction for a misdemeanor will remain on your record. Since it is not a conviction for a less severe crime, it does not have the effects that a felony conviction has. It can still affect obtaining employment or a loss of your driving privileges.

Georgia also has a category called high and aggravated misdemeanors. A conviction of this nature comes with a fine of up to $5,000 but the maximum jail period is still one year. The battery of a family member of an elderly person is an example of a misdemeanor of a high or aggravated nature.

Even though misdemeanors are less serious crimes, it does not mean you don't need experienced representation! They can still affect your future, and it is better to be safe than sorry. Our Georgia Criminal Attorneys understand the affects a conviction will have on your future and are here to help.

On the other side, felonies are considered the most serious crimes. They are a crime that causes severe harm or damage to another person or property. Felonies generally include violence but do not have to. Some examples of felonies include robbery, rape, murder, kidnapping, possession of over one ounce of marijuana, and certain repeat DUI charges. The punishment for a felony conviction is usually years in prison along with a hefty fine. As described before, a felony conviction has substantial effects on your criminal record. It makes it difficult to obtain credit, housing, or employment with a felony conviction on your record. The consequences of a felony are far-reaching and long lasting.

Not all felonies or misdemeanors require mandatory prison sentences. Based on the crime and particular case the judge may choose to sentence you to probation instead of incarceration. If probation is issued, there will be certain conditions you must follow in order to satisfy your probation, and a violation of one of those conditions could put you back in prison.

Do I Need a Georgia Criminal Lawyer in My Case?

The short answer is Yes! The legal system is not intended for self-service. It can be complicated and overwhelming to someone not familiar with its intricacies. Lawyers help you navigate the system while forming the best possible case for your defense.

One way that an Attorney is useful is for negotiations. An experienced Georgia Criminal Defense Attorney knows what a prosecutor and judge are willing to agree to. They can be creative based on your case in working out a deal for reduction of criminal charges in return for community service, alcohol or drug treatment programs, anger management, or other options.

If negotiations fail and a plea agreement cannot be reached, then the case must move to trial. Going to trial can be terrifying to some defendants, and it is confusing to know how to proceed. An experienced trial Attorney is vital to your case. The key word there is experienced. There are many attorneys that do not like going to trial and will try anything to avoid it even if it is in your best interest. By fighting criminal cases in court, Attorneys can challenge the prosecution or their evidence against you by filing motions to suppress on the grounds of an illegal search, or for any other reason. Georgia Criminal Lawyers can question the witnesses the prosecution seeks to introduce and offer alternate theories for the situation. Furthermore, a Georgia Criminal Attorney can challenge the assumptions police officers made during the arrest and question how carefully they followed required police procedures.

How do I Select a Criminal Defense Lawyer in Georgia?

Being misled these days is easy. Websites, advertisements, television commercials can all be misleading. Therefore, we advise you to meticulously research the criminal attorney you are planning to work with. We offer some suggestions and pointers to keep in mind when searching for legal representation:

Check out the lawyer's web page. Read what is written on the pages and pay attention to how it is written. Does the site actually give you helpful information or just quote the statute? Does it demonstrate that the attorney actually understands the subject or just knows how to quote the law? It is important to pay attention because you need a lawyer who not only knows the law but knows how to apply it to your case!
Look up reviews or case results for the Georgia criminal lawyer. Many lawyers have reviews on their website for you to review. If there are no reviews on the page, that may not be a good sign. Furthermore, numerous credible sources can help you understand how successful an attorney is. One of those sources is AVVO. AVVO provides profiles, client reviews, and peer endorsements for lawyers in the United States. They give lawyers a rating based on their analysis. Don't settle for anything less than a perfect score. Richard Lawson and Kimberly Berry have a score of 10.0.
Take advantage of the free initial consultation. This experience will tell you a lot about the office and the attorney. Come prepared with questions regarding your case and how the attorney will handle the situation.
Choose someone you trust and understand. It is crucial that you feel comfortable with your lawyer because you will have to be completely honest with them, even if it is awkward. They need to be someone you can easily talk to and someone you understand. Any lawyer can spout legal jargon but do you actually understand how they are going to handle your case?

Should I Just Plead Guilty?

You should never plead guilty without first consulting with an experienced Georgia Criminal Defense Lawyer. In many cases, fighting your charges is the best way to get a positive result. Lots of people are overwhelmed by the legal process and the possibility of going to trial, but numerous cases are settled outside of court so do not let that fear scare you into making a big mistake!

Hiring an attorney helps ensure you receive fair treatment and that every possible defense is available to you. Don't just plead guilty without knowing all the facts. Even pleading guilty to a misdemeanor charge can have significant consequences. Your best option is to consult a Criminal Lawyer in Georgia from the very beginning.

What Must be Proven to be Convicted of a Crime?

The burden of proof is on the prosecutor to prove the criminal charges against you beyond a reasonable doubt. All of the jurors must agree on a verdict. If the jurors believe there is at least some reason to think you may not have committed the crime, then they must acquit you.

Even if you are convicted, your case does not automatically end. You have the right to appeal the decision, and Georgia Criminal Defense Lawyer can help you every step of the way.

What is the Role of a Jury in a Criminal Case?

One of the main concerns of clients is how a jury will affect their case if they choose to go to court. The prosecutor's job is to present their case to the jury in hopes they will find the defendant guilty beyond a reasonable doubt. Having a jury does not guarantee the accused a fair or impartial trial. It just ensures that the jury will be made up of one's “peers” and hopefully a fair reflection of the community. The jury must unanimously agree on the guilty of the accused in order for there to be a conviction. If the jury can't agree, the case could end in a mistrial.

You have to discuss the benefits and cons of having a jury with your Georgia Criminal Defense Attorney. Before the trial date, the defendant gets to decide if they would like to have a jury trial or a bench trial. A jury trial is made up of 6 jurors for a misdemeanor and 12 jurors for a felony. A bench trial is simply in front of the judge.

What Are My Chances of Winning My Case if We Go to Trial?

This is a commonly asked question from clients. The answer depends on multiple factors. Some of the important factors or considerations that can affect your criminal case include:

Evidence: The Court looks at all the evidence presented when going to trial. If there is a substantial amount of proof against you or that could harm your case, which is something to take into consideration. Evidence that can be presented at trial includes witnesses, DNA tests, expert opinions, audio or video clips, etc.
How the Evidence was Obtained: If law enforcement agents illegally obtained evidence, then will not allow the evidence into court. It does not matter how damning the evidence is. It is was not obtained through legal means, then it cannot be admitted into court.
Your Criminal Record: When deciding your punishment, the court does take your criminal history into account. If this is your first offense, the judge may be a little more lenient on you. However, if this is a subsequent offense for the same crime or for different crimes, judges may not think you have learned from your mistakes and order a harsher sentence.
The Prosecutor/Judge on your case: Every prosecutor and judge is different, and some are more willing to go easy than others. That is one of the reasons it is important to hire a Georgia Criminal Lawyer familiar with the area, so they know what judges like or how to work with the prosecutors.
THE ATTORNEY YOU HIRE: One of the most important considerations when going to trial is how comfortable your attorney is going to trial and how knowledgeable they are with trial. There are plenty of criminal lawyers in Georgia who do not like going to court and try to avoid it at all possible. They are not the type of lawyer you want working on your case! You must make sure your attorney is diligent and that they have negotiation skills.

What are the Steps in a Criminal Case? What Should I Expect?

Many people do not know what to expect when they get arrested and have many questions about their criminal charge and especially how a Georgia Criminal Defense Lawyer is supposed to help them.

When the charge is for a crime considered a misdemeanor, the prosecutor will file an information, which is the official charging document describing the crime the state alleges that you committed.

Once information has been filed, you will have an arraignment on your Georgia criminal charges. At the arraignment, the judge will inform you of the charges ask for a plea of guilty or not guilty. If you have a Georgia Criminal Attorney, you likely won't have to say anything at the arraignment. If you do not have an attorney, the judge will appoint a public defender if you cannot afford then.

The next step is a hearing where the defendant first appears with their attorney. At this hearing, the judge generally sets a trial date and a plea deadline, which is the date by which the prosecutor and defendant must agree on conditions on a plea agreement if there is one.

Some cases never reach trial. The most common reason is because the prosecutor and defendant enter into a plea agreement. There is where the defendant will plead guilty to some or all of the charges instead of having to take the case to trial. If a plea agreement is entered, the judge will set a date where they will advise the defendant of their constitutional rights and confirm whether or not they consent to the plea agreement. One thing to note is that even if the judge accepts that the defendant pled guilty, they are not required to accept the terms of the plea agreement. Judges have the authority to reject a plea agreement.

If no agreement is reached, then the case proceeds to trial. The defendant and their Georgia Criminal Lawyer will choose whether to have a jury trial or a bench trial. A jury trial is made up of people from the community while a bench trial just has the judge. The length of the trial varies greatly. It could take a couple of hours or a few days or a few weeks to resolve the case based on the complexity of the case.

After all the evidence is presented, and the attorneys have given their closing arguments, the jury is dismissed to decide the case (if there is a jury). The verdict must be unanimous, and if the jury cannot agree, then it is deemed a mistrial, and the process will start over.

If the defendant is found not guilty, then the trial is complete, and the defendant is released.

If the jury finds the defendant guilty, then the judge will hold a sentencing hearing to determine the punishment. After the judge gives his sentence, the case is over unless the defendant decides to appeal.

Some Advice to Have a Successful Criminal Defense

Be honest with your Georgia Criminal Defense Lawyer. Your Attorney is bound by law and their ethical code to keep what you tell them confidential. That means you need to be forthright no matter how embarrassing the information may be. The more information you can give us and the more honest you can be, the better we can do our jobs.
Don't repeat the mistake that you got arrested. Try to avoid getting arrested for the same mistake. A second arrest for the same or similar offense could make it very difficult to argue your innocence in either case, and if you are out on bail, the judge has the authority to deny you bail for a second arrest.
Stay away from any witnesses or investigators. Do not have any contact with anyone involved in your criminal case. It is normal for people to want to explain what really happened but anything you say or do could be construed as a confession and could lead to more criminal charges. If you have any doubt about whether you should be talking to someone, contact your Attorney immediately.
Contact your Georgia Criminal Lawyer if you have any questions.

Practice Areas

Boating Crimes

Boating is a very popular activity in Georgia and similar to driving a vehicle, there are numerous crimes and punishments that are associated with boating.

It is illegal to operate any moving vessel while under the influence of alcohol or drugs to the extent that it makes it less safe for the person to do so.

Crimes associated with Boating include:

A conviction for crimes related to boating can be a misdemeanor or a felony offense with penalties ranging from simple fines to BUI courses. These crimes can have serious repercussions and affect your life for a very long time. Lawson and Berry and their team of Criminal Defense Attorneys in Georgia are experts in DUI law and know how to fight for you. Some defenses they could argue on your behalf include but are not limited to:

Faulty blood/chemical testing – i.e. the tests were not administered properly, or they were tainted from outside factors
Arresting officer did not have probable cause to stop your vessel
You were encouraged to answer questions after you had requested an attorney

A Georgia Criminal Justice Lawyer will ensure that your rights were not violated during the initial stop and the rest of the criminal process.