Criminal Defense Attorney

As criminal defense attorneys in Atlanta GA we handle a lot of drug cases. These can range from misdemeanor marijuana possession cases to felony drug possession such as cocaine, meth, or prescription pills. A conviction to a posession case carries life changing consequences if handled improperly

A conviction to a marijuana case by itself may not seem like a serious event in today's society. But Georgia has archaic laws that are slow to adopt to reflect the social acceptance of marijuana. For instance, jail time is a possiblity in some instances.

Georgia's marijuana laws are in flux as the legislature slowly modernizes this area of law to match society's acceptance of marijuana. 

The new hemp laws make it legal to possess hemp, a product that looks similar to marijuana. The state must prove that you were in possession of marijuana that contained THC rather than hemp by a lab test done in a state labatory. 

Because authorities would rather spend lab resources on more serious drug cases it has become difficult for prosecutors to prove  marijuana cases. In some jurisdictions around Atlanta they have stopped prosecuting these cases. 

This does not mean marijuana is legal, rather that local authorities have decided to de-emphasize enforcement.

Felony drug cases include almost every other type of illegal drug including cocaine, heroin, meth, prescription pills without a prescription, and marijuana possession over one ounce. 

These cases should always be handled with the assistance of a criminal defense attorney as the consequences of being convicted of a felony are life altering. 

A criminal defense attorney will look for defenses that you may not be aware like improper searches by the police or other issues for a motion to suppress the evidence. 

If no such issues exist in your case, we can negotiate a reduction to a misdemeanor or help you properly use a first offender plea. In most first time drug possession cases, we can almost always avoid jail time.

Being arrested with large amounts of drugs can be considered drug trafficking even if you had no intention of selling the drugs. These cases have mandatory minimum sentences of a decade or more.

Do not attempt to handle such a cases without a criminal defense attorney. You can find yourself on the losing side of the war on drugs.

Identifying issues to form the basis of a motion to suppress is the first step in defending your drug trafficking case. These issues can range from problems with the search warrant or an improper stop of your vehicle.

These issues are complicated for most attorneys much less lay people. So it is important that you hire a criminal defense lawyer with experience in this area of law.

In a case involving several pounds of heroin, law firm partner Gunner Pak was able to have a drug trafficking case dismissed following a motion to suppress. 

Outside of drug cases, DUI cases are the most common criminal cases we handle as Atlanta criminal defense lawyer.

DUI law in Georgia over the past few decades has made it extremely easy to be charged with a DUI.

The results of this strict law - along with the popularity of rideshare services - have caused a sharp decline in fatalities involving DUI drivers. On the negtative side, these strict laws have also criminalized behavior not necessarily harmful to society.

Everyday, thousands of drivers safely make it home after a couple of drinks, but potentially could be arrested and find themselves charged with DUI.

As a criminal defense lawyer in Atlanta, DUI cases are our bread and butter and we will eventually dedicate an entire webpage to the practice area. 

We make it our policy to know the current state of DUI law better than even the police officer that arrested you. We almost always know more than the prosecutor handling your case, and find ourselves educating judges as well. 

DUI law is currently ripe with many legal issues that can lead to your case being reduced or even dismissed.

But even if the case against you is air-tight or you have multiple DUI convictions already, we can almost always negotiate an outcome to save your driving privilege and reduce the consequences.

You should almost never do field sobriety tests. These tests are the walk and turn, the one-leg stand, and the HGN test. You are not required by law to do these tests, and the officer is not required by law to tell you that.

The field sobriety tests were developed decades ago using suspect pseudo-science that has never been updated. The tests commonly show false positives on huge portions of the population.

As they are subjective by the person giving the test - almost always the police officer on the side of the road that is actively trying to arrest you -  a mistake or two and you will find yourself declared an "impaired" driver. 

You can face a license suspension if you refuse to blow in the breathalizer but this refusal can no longer be used against you at trial. In many cases the officers are getting search warrants to take blood samples. 

Regardless of what happened during your DUI arrest, having an Atlanta criminal defense lawyer on your side can only help your DUI case.

Being charged of a domestic violence case comes with more negative connotations and consequences than your typical assault and battery case. The consequences of a conviction can follow you for life. 

In Georgia, you may be charged with a domestic violence charge merely by being roomates with the alleged victim even if there was no romantic relationship. In some cases, we have seen prosecutors seek domestic violence charges when the parties involved merely stayed the night together.

Because of the negative media reporting involving high-profile domestic violence cases, judges and prosecutors will not simply drop the charges because the victim no longer wishes to pursue charges.  And occasionally they may even seek a warrant to hold the alleged victim as a material witness until trial.

Domestic violence cases will almost always benefit from retaining a criminal defense attorney. Not only will you have help with the courtroom proceedings, but also a cooler head advising you during an often emotional situation.

We can explain your point of view to the prosecutor without you incriminating yourself. We can point out inconsistencies in witness statements during pretrial conferences with the prosecutor, or even at trial.

We can further stop your legal jeopardy by advising you to avoid charges of witness tampering or violating stay away orders. And if things have improved between you and the alleged victim we can have your stay away order amended to a no-violent contact order.

Georgia's First Offender Plea is designed to give second chances to offenders that have been charged with crimes. Another Drug First Offender Plea also exists for drug cases. 

Knowing when to use these first offender pleas and what they actually do is crucial for you to take full advantage of their benefits.

The downside of the first offender pleas is that if you violate the terms of your probation you could be stripped of your first offender plea and resentenced without the benefit of trial.

We advise never to use a first offender plea on a misdemeanor. The use of either type of first offender plea will bar you from using that plea again for the rest of your life. 

You may not consider yourself at risk of ever breaking the law again, but things happen. The consequences of taking a felony conviction on your record is much higher than a misdemeanor. You will always have to explain that felony conviction the rest of your life and potentially lose certain rights.

You can also use your drug first offender and still have your regular first offender available at a later date. So you technically could get two first offender pleas if handled correctly.

Completion of first offender probation does not mean the arrest is completely off your record, only that the conviction will not appear on your record. Thus you can claim you were never convicted of the charge.

You can, however, have your record sealed under certain circumstances to expunge the arrest. You can also have the court records sealed so that third-party background check companies cannot find your case history on court websites.

This law is relatively new and complex, so please call us for a consultation.