If you have been charged with a crime in Atlanta, you need an experienced Atlanta criminal defense lawyer that will aggressively pursue your defense. Ben Sessions of The Sessions Law Firm, LLC, understands how cases are prosecuted in Atlanta and he understands what it takes to deliver results. Many clients do not know what to expect in the form of a defense to their criminal charges. Most reputable criminal defense lawyers know that what is appropriate in any given case can vary. However, beginning the process of determining what is appropriate should begin as soon as possible.
What Are You Paying for When You Hire a Criminal Defense Attorney?
If You’re Looking for An Experienced Atlanta Criminal Defense Lawyer with A Track Record of Success, Contact the Sessions Law Firm.
Ben Sessions of The Sessions Law Firm has a proven record of success in defending criminal charges in Atlanta, Georgia. Ben Sessions has developed a reputation among other lawyers as a go-to criminal defense attorney in complex and difficult criminal cases. If you are looking for a lawyer that understands the courts in and around Atlanta and understands what is required to deliver exceptional results in difficult cases, call The Sessions Law Firm today.
Frequently Asked Criminal Law Questions & Problems
- Can I withdraw my guilty plea?
- Is there a strategy behind the order in which criminal defense motions are presented?
- What is the “open fields doctrine” and how does it affect the admissibility of evidence in my criminal case?
- How do I decide whether to take my case to trial?
- Does the jury determine if I actually consented to the search?
- What does “venue” mean in a Georgia criminal case and why is it so important?
- Do you have the right to a bond if not indicted within 90 days?
- If you do not reside in Georgia, be careful before entering a plea in Georgia.
Your Atlanta Criminal Defense Attorney at The Sessions Law Firm Will Act with The Urgency that You Expect and Give Your Defense the Attention that It Deserves.
One of the problems that many people encounter with criminal defense lawyers is that the lawyers give them real attention prior to being retained, but after the lawyer is hired, there does not really seem to be any sense of urgency. Criminal defense attorney Ben Sessions understands how important it is to get to work on your defense as soon possible. The urgency and dedication that we give to each of our clients’ cases translated to exceptional (and, frequently, early) success in the defense of criminal charges.
If you face a criminal charge in Georgia, you must understand the importance of investigating your criminal case prior to formal indictment. Many criminal defendants make the mistake of waiting until a case has been formally indicted before they retain a qualified criminal defense attorney. Don’t make this mistake.
A Qualified Georgia Criminal Defense Attorney Should Begin Investigating Your Criminal Case Prior to Formal Indictment
In our experience, early efforts to investigate possible criminal charges can be very beneficial. Often times, many criminal charges can be avoided simply by taking some early steps and communicating with the prosecution. We are frequently in a much better position to defend against criminal charges when we have more information. The earlier that we begin investigating possible criminal charges, the more information we can collect.
Investigating Your Criminal Case Prior to Formal Indictment Allows for More Strategic Planning
At The Sessions Law Firm, one of the things that we pride ourselves on and that differentiates our criminal defense attorneys in Georgia from others is our effort to develop a strategic plan unique to your case. Many lawyers that handle criminal cases in Georgia unfortunately do so in a “one size fits all” manner. There are certainly some aspects of every criminal case that should be routine, but the overall theme and theory of defense must be individually tailored to the case. The criminal defense attorneys at The Sessions Law Firm understand the difference, and we will develop a plan unique to your case.
Does Your Criminal Defense Attorney Understand how To Effectively Use a Speedy Trial Demand?
One of the things my clients are constantly telling me, and voicing frustration about is that they feel like they have no control over what is going on in case they have no control over when their cases are set for trial, they have no control over sort of the pace of the litigation. How things sort of go on pause for a long period of time and then suddenly accelerate and they don’t have any control over the speed at which they accelerate. That’s really frustrating thing and something that for a lot of people can make them feel very hopeless in the process. Lawyers a lot of times are very fearful of using the right to the statutory speedy trial and you need to recognize that statutory speedy trial demands in a lot of ways, are allowing you to exercise some degree of control of your case. No, you can’t control when the judge will call your case in but it does allow you to actually create some pace there, to say to the State, we’re not going to let you control the pace of this litigation, we’re actually going to push the issue. We’re going to force you to go to trial and appear at a time that may actually be uncomfortable for them. That’s something that they’re not used to it all.
In a lot of ways, that sort of change of pace can be a tremendous advantage to you, particularly if you’re in a jurisdiction like Fulton or Cobb where we have relatively short term support, and they’re not anticipating that you might follow statutory speedy trial demand, for example, in a vehicular homicide case. So, you can move things along in a way that they are not used to, in a way that might give you a very real strategic advantage. So, think about that, in addition to that, the idea of actually getting closure sooner rather than later for a lot of my clients is something that they would absolutely welcome. No one welcomes the idea of having a case hanging over their heads for two three four years, and that’s not at all uncommon for defendants in a vehicle homicide case in Fulton County to have that sort of anxiety, that sort of stress hanging out over their heads for that period of time. So, certainly that’s another reason why it is you should consider that option, don’t take that tool off the table in your case without really giving it some thought. Lawyers should certainly be less scared of using it because it is in fact a tool and one that can be extremely powerful if you’re using it in the right way.
Preliminary Hearings in Georgia Criminal Cases
Some people mistakenly believe that preliminary hearings in Georgia criminal cases refers to every pre-trial hearing in the case. Preliminary hearings in Georgia criminal cases can be instrumental to the development of the defense in your case. What the preliminary hearing does is allow you an early opportunity to preview the State’s case and evidence against you.
The decision made by a judge at preliminary hearings in Georgia criminal cases is governed by the following:
(a) The duty of a court of inquiry is simply to determine whether there is sufficient reason to suspect the guilt of the accused and to require him to appear and answer before the court competent to try him. Whenever such probable cause exists, it is the duty of the court to commit.
(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law.
What Is the Motion Hearing in Your Criminal Case?
Generally, within 10 days after your arraignment, your criminal defense attorney will file what are called motions in your case. Motions are a vital part of your defense and can be the difference in a great result or a poor one. So, let’s talk about what happens at a motions hearing.
After you’ve been arraigned in your criminal case, your lawyer should be filing motions. Those motions are motions for discovery motions eliminated preclude the state from doing certain things at trial and motions to suppress. That means it’s colluding. Certain pieces of evidence from the trial case. Generally speaking you want to have motions challenging what you perceive to be the strongest parts of the state’s case. You want to try to nitpick everything as well as you can through through the process of filing motions and litigating motions and certainly you want to kind of keep your eye on what you perceive to be the most valuable parts of their case. That’s what motions really are for. Um, as you lead up to the trial vocation, we’re going to have calendar calls and you’re going to have motion hearing dates and most clients are really stressed out whenever they’re looking at, sorry, pop up there.
Um, what it is that’s going to happen at their motion hearing at the motion hearing, you’re going to have the state present obviously and there probably, unless you have just some, for example, do mirror issues which are just based on documents. If you actually have motions to suppress, you’re going to have actual witnesses there. During those those evidentiary hearings. It’s very rare that our clients actually have to testify. In fact the only real time that they might testify where it might be advantageous and those motions hearings are described, for example, how they were coerced into consenting to a search or giving a statement to the police at a station if there was something that was really exceptional that happened there in the course of those, those events. But generally speaking, when you show up to a motion hearing, you’re just going to be sitting there beside your lawyer.
Um, I’m going to do all the arguing, I’m going to do all that, the presentation of evidence I need to the state’s witnesses, and then we’re going to talk to the judge about why it is that the evidence should or should not be admitted in the trial of the case. And that’s what motion hearings really are about. They’re trying to determine whether or not first the state’s case should go forward and then what evidence will or will not be admissible in the trial. The case. Do you have any questions about motions and questions about your case in general? Feel free to call me. My name is Ben sessions. My phone number is (470) 225-7710 again, (470) 225-7710 thank you.
Your Criminal Defense Attorney Must Understand How To Strategically Use Pre-Trial Motions
Trust Is The Most Important Part of Choosing A Criminal Defense Attorney
One of the most difficult decisions for any client is when to go from, I’m going to defend this case, maintain my not guilty plea to changing their mind and ultimately give in and entering a guilty plea or some other sort of alternative plea to the charge. Um, that is rightfully the most difficult decision that a client has to make. It is probably something that needs to be considered throughout the entirety of the case. I have clients that come in and say, Ben, I’m never going to enter a guilty plea. And I certainly will respect that. I’m going to follow those wishes and we’re going to go to trial on the case unless the prosecutor ultimately dismisses it beforehand. But in most of my client’s cases, they’re looking to both mitigate their risk and look to develop the best possible defense they can going forward. Um, Corona virus obviously presents some real unusual set of circumstances for us because the way in which prosecutors and judges ultimately get a client to, or a defendant to make a decision as to whether or not they’re going to get a trial or enter a guilty plea is by trial calendars.
And right now we don’t have any trial calendars that are going on. Um, and so some of the incentives that clients otherwise would have had, the pressure that they would have had is kind of taken off of them. And that’s really important to know, because whenever you’re going through this, and let’s say for example, that you had multiple DUI offenses in your criminal history, um, you might be able to get a really good resolution of your case that involves very little jail time, um, or minimal jail time that you would yeah, not I’ve gotten in normal times if juries were actually being in pain to try your case because prosecutors and judges know that, Hey, if I’m going to incentivize this person to move forward with their case to resolve it in a quick manner, um, I need to give them some real reasons to do that.
Usually that involves taking jail time, significantly off the table. Um, on the other hand, let’s say for example, that you have a first DUI offense and there’s no real risk of really great jail time. If you go forward and push the case on down the road, there probably is very little incentive for you to actually enter a guilty plea during this time. It is to your benefit in almost every set of circumstances. If it’s the first DUI offense to hold off, obviously there are some exceptions to that. Um, and you need to talk to your lawyer and making that decision, but in your garden, variety, no accident, no prior criminal history, no prior drug or alcohol related offense on your record, if you’re charged with a DUI during this time, your case is pending during the COVID coronavirus shutdown, there really is very little incentive for you to resolve a case to a guilty pleas, to the DUI, um, kicking the can down the road, seeing how things unfold in six, 12, 18 months, however long it takes us to actually get to a jury trial, um, is probably going to be to your benefit.
Drug Charges That We Defend
It is no secret that the overwhelming majority of criminal cases in Georgia and throughout the United States are drug-related. We defend clients charged with the following types of drug charges:
If you need a child abuse registry lawyer, we can help.
If you’ve received any type of notice and are concerned about how your placement on the child abuse registry may impact you, feel free to contact us, and please visit our page on child abuse registry defense.
Speedy Trial Rights in Your Criminal Case
It is not always the case that the passage of time helps your defense, particularly if your criminal defense lawyer is continuously asking for continuances. Many criminal defense lawyers in Georgia mistakenly tell people that the passage of time always helps the defense. This is dangerous advice, and the advice is even more dangerous if a defense lawyer is seeking a continuance from the court to put age on the case. Not every defense gets better with age, and asking for a continuance can actually hurt viable defenses to the charge.
Every criminal defendant in Georgia (and the United States) has a constitutional right to a speedy trial. However, in determining whether the right to a speedy trial has been violated, one of the considerations that the trial court will have is whether the defendant (and his attorney) have contributed to or caused the delay.
SPEEDY TRIAL ATTORNEY THAT KNOWS HOW TO PROTECT YOUR RIGHTS
In addition to the constitutional right to a speedy trial, in Georgia, criminal defendants have the right to demand a speedy trial pursuant to statute. This is an important right and, in some cases, it may be the only viable opportunity to win the case. If the State fails to bring your case to trial within the designated period of time and you have requested a statutory speedy trial, your case will be dismissed. So, before you follow advice that an older case will always be better for you, recognize that delaying the case may forfeit some of your best possible defenses.
Contact an attorney at Sessions Law Firm by calling (470) 225-7710. We can determine the best way for you to proceed with our free consultation.