Georgia Criminal Defense Attorneys

At DearLegal, we connect you with experienced Georgia criminal defense attorneys who navigate the state’s Seven Deadly Sins mandatory minimums, the First Offender Act (O.C.G.A. § 42-8-60), Conditional Discharge for drug cases, and the record restriction/expungement framework under O.C.G.A. § 35-3-37. Whether your case is in Fulton, DeKalb, Gwinnett, Cobb, Chatham, or any of Georgia’s 159 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Georgia law enforcement — Atlanta PD, GBI, GSP, county sheriffs — use trained interrogation techniques. Anything you say can and will be used. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel under Miranda.

Yes. Georgia misdemeanors carry up to 12 months in jail and $1,000 fines under O.C.G.A. § 17-10-3. Many misdemeanors are eligible for Pretrial Intervention or Diversion through county DAs. First Offender Act treatment (§ 42-8-60) preserves no-conviction status if available. DV misdemeanors trigger federal § 922(g)(9) firearm ban.

State cases go through Georgia Superior Court (felonies) or State/Magistrate/Municipal Court (misdemeanors). Federal cases go to U.S. District Court for the Northern (Atlanta, Gainesville, Rome, Newnan), Middle (Macon, Albany, Columbus, Athens, Valdosta), or Southern (Savannah, Brunswick, Augusta) Districts of Georgia under the U.S. Sentencing Guidelines. Federal drug trafficking on I-85/I-75/I-20 corridors and ATL-airport offenses are common.

Georgia plea agreements under O.C.G.A. § 17-7-93 and Uniform Superior Court Rule 33 are negotiated between the District Attorney’s office and defense. Pleas can include charge reductions, First Offender Act treatment (§ 42-8-60), Conditional Discharge (§ 16-13-2) for drugs, and stipulated sentences. The judge must accept the plea but usually follows agreed recommendations.

Yes — Georgia uses “record restriction” rather than expungement. Under O.C.G.A. § 35-3-37, arrests without conviction can be restricted relatively quickly. SB 288 (2020) added the ability to restrict many misdemeanor convictions after 4 years of conviction-free status. First Offender Act and Conditional Discharge completions automatically result in no conviction being entered. Many serious felonies, DV offenses, and sex offenses are excluded.

Georgia handles juveniles under 17 in juvenile court under O.C.G.A. § 15-11-1 et seq. (Note: Georgia is one of only two states with a juvenile-age ceiling of 17 — though efforts to raise it to 18 have been ongoing.) Juvenile records are confidential under § 15-11-79 and sealable under § 15-11-701. Designated felonies and the seven mandatory adult-court offenses for 13-17 year olds create permanent adult records.

Georgia DUI under O.C.G.A. § 40-6-391 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 40-5-67.1 — refusal triggers 1-year administrative license suspension. Ignition interlock required for second-offense DUI within 5 years and many high-BAC first offenses (§ 42-8-111). Fourth DUI in 10 years is a felony.

Why Do You Need a Criminal Defense Attorney in Georgia?

Georgia uses a “felony/misdemeanor” classification under O.C.G.A. Title 16 — but most felonies are punishable by ranges established in individual statutes rather than felony classes. Mandatory minimums dominate the structure. The Seven Deadly Sins statute (O.C.G.A. § 17-10-6.1) requires fixed mandatory sentences without parole eligibility for seven serious violent felonies: murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery. The Georgia Sentencing Guidelines (Council of Superior Court Judges) provide presumptive ranges for non-mandatory cases. Georgia’s First Offender Act (O.C.G.A. § 42-8-60) is uniquely valuable — eligible first-time offenders can plead and complete probation without entry of conviction. Conditional Discharge (O.C.G.A. § 16-13-2) provides similar relief for first-time drug offenders. Georgia’s record restriction (the state’s expungement equivalent) was expanded by SB 288 (2020), allowing restriction of many misdemeanor convictions after 4 years. Georgia legalized hemp-derived cannabinoids (THCA flower, delta-8) but not recreational marijuana — possession remains a misdemeanor up to 1 oz, felony over 1 oz.

When Do You Need a Criminal Defense Attorney in Georgia?

Our network includes Georgia criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Georgia

From the moment you connect with a Georgia criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to Atlanta PD, GBI, GSP, sheriffs, or any Georgia officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Georgia court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Georgia DAs subpoena platforms routinely

Deleting messages or photos from your phone — Georgia tampering with evidence (O.C.G.A. § 16-10-94) is a felony

Accepting the DA’s first plea offer without exploring First Offender Act, Conditional Discharge, drug court, or charge reduction

Talking to Atlanta PD, GBI, GSP, sheriffs, or any Georgia officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Georgia court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Georgia DAs subpoena platforms routinely

Deleting messages or photos from your phone — Georgia tampering with evidence (O.C.G.A. § 16-10-94) is a felony

Accepting the DA’s first plea offer without exploring First Offender Act, Conditional Discharge, drug court, or charge reduction

Common Georgia Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Georgia Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Georgia work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Ga. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. Georgia’s circuit-based Public Defender system represents indigent defendants.

What Can Your Georgia Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, general demurrer (motion to dismiss the indictment/accusation), speedy trial under O.C.G.A. § 17-7-170/171, or DA nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor, from Seven Deadly Sins offense to non-mandatory-minimum offense, or removal of recidivist enhancement allegations.

First Offender Act / Conditional Discharge

First Offender Act (O.C.G.A. § 42-8-60) — guilty plea with probation, no conviction entered if completed successfully. Conditional Discharge (§ 16-13-2) for first-time drug offenders — similar structure, dismissal upon completion.

Plea Agreement

Negotiated resolution under O.C.G.A. § 17-7-93 and USCR 33. Includes charge reductions, dismissed counts, stipulated sentences, drug court entry, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Georgia jury or judge. Georgia criminal juries are 12 for felonies, 6 for misdemeanors in state court, and must be unanimous.

Post-Conviction Relief

Georgia habeas corpus (O.C.G.A. § 9-14-40) with 1-year filing window (4 years for non-capital felonies); Extraordinary Motion for New Trial; sentence modification under § 17-10-1(f) within 1 year.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Georgia Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Georgia?

When Do You Need a Criminal Defense Attorney in Georgia?

Types of Criminal Defense Cases in Georgia

Common Georgia Criminal Defense Mistakes

How Much Do Georgia Criminal Defense Attorneys Cost?

What Can Your Georgia Criminal Defense Compensation Include?

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