While receiving criminal charges can seem overwhelming, know that you may have the chance to have an aggressive advocate. A seasoned Milton criminal lawyer could fight for your rights while guiding you through the criminal justice process. A skilled defense attorney could help to build a defense strategy for the accused by gathering evidence, interviewing key witnesses, and looking for ways to weaken the prosecution’s argument. Read on to learn more about how a professional Milton criminal lawyer could offer you their assistance today.
Criminal Laws in Milton
There are several important differences between criminal law and civil law. Civil law covers events such as divorce, child custody, and civil lawsuits between parties. In criminal law, while an alleged victim of a crime can file a police report, it is ultimately the decision of the state to charge someone with a crime and bring a case. The police will usually arrest anyone charged with a crime. They may put someone in jail, but they usually can post bail.
If the criminal charge is less serious, they may simply need to report for a court date. Someone charged with a crime will plead guilty or not guilty. If someone pleads guilty, the court will give them a sentence. If they plead not guilty, the case will usually proceed to a trial in front of a judge or jury. There is a middle ground where someone may negotiate to plead guilty to a less serious charge and undergo rehabilitation treatment or participate in community service rather than face prison time. They also may be able to enter a program for first-time offenders that will dismiss their charges completely.
The Difference Between Misdemeanors and Felonies
In Milton, crimes range from misdemeanors that can result in a fine and/or up to 12 months in jail, to violent felonies such as armed robbery and kidnapping. Felonies can carry heavy mandatory minimum sentences, such as a minimum of 10 years in prison. Milton only has jurisdiction over traffic offenses, misdemeanor marijuana possession, and shoplifting. All of these types of cases have concurrent jurisdiction with Fulton County State and Superior Court.
Know the Consequences of a Criminal Charge
Know that it may be possible to dismiss one’s charges with the help of an experienced Milton criminal lawyer. For example, if the police arrested someone in a way that violated their Fourth Amendment rights, the judge might refuse to admit the evidence. Defenses may not allow for the prosecution to prove a case beyond a reasonable doubt.
Depending on the type of charge and someone’s criminal history, they may qualify to serve a suspended sentence and probation rather than active jail time. Know that a committed Milton criminal lawyer may negotiate with the District Attorney for the defendant to plead to a less serious crime than the crime originally charged. This could potentially result in far fewer penalties being sentenced if the case was pleaded down from a felony to a misdemeanor charge.
Dismissal of Charges
Other ways to have one’s charges dismissed include conditional discharge and drug court. Conditional discharge is usually for possession of less than one ounce of marijuana or underage alcohol possession, while drug court can be sought for non-trafficking/distribution drug felonies. Although both options have strict requirements such as treatment classes, they can ultimately result in dismissal of one’s charges. In addition, if someone has no prior guilty pleas, they may qualify for the First Offender program. Upon completing certain requirements, the person will not have a criminal conviction on their record.
Seek the Counsel of a Milton Criminal Lawyer Today
When charged with a crime, an individual must make important decisions about their case at every turn. A vigilant Milton criminal defense lawyer could provide clear advice to a defendant and aggressively advocate for them in court. If you wish to fight against your charges, consider reaching out to a dedicated Milton criminal lawyer to schedule your initial consultation.