A criminal justice proceeding is a stressful, exhausting, and anxious affair, the end result of which will have a drastic impact on an individual’s life.  Any person first entering the criminal justice processes looks towards a future full of uncertainty.  Questions race through his or her mind: What are the full nature of my charges?   What evidence will be brought against me?  Who will prosecute my case?  What options are available for me and when do I have to act to pursue these options?  How do I assert my rights?  What should I do?

 

At Eric Ballinger, P.C., we have the experience and familiarity with the criminal justice system to help you find the answers to those questions.  Our attorneys have handled criminal cases in courts all over North Georgia at both the State and Federal level.  Whether a person is charged with a misdemeanor or felony, our attorneys are prepared to help him or her find the right answers to those uncertain questions. 

 

Below, you can start to find a few answers about the criminal justice process you or someone close to you will face if charged with a crime.  Outlined is a walkthrough of the criminal justice procedure and possible options and choices the journey presents.   

Arrest

Most criminal justice procedures begin with an arrest.  At this critical interface between a private citizen and law enforcement, it is important to have experienced counsel review the facts and circumstances of any encounter with the police to assure that your Constitutional Rights are both protected and upheld.  Law enforcement cannot illegal search and seize you, and if they do, they are subject to sanction by the courts.  Having a seasoned attorney assist you shortly after arrest, gathering facts and information, could protect you interest down the road.

 

Another important factor at play is determining whether and how much you should cooperate with law enforcement.  Making the right inroads early on could protect you down the road.  It takes experience with the system to determine when and how much you cooperate with law enforcement and what potential gains are to be made.

 

Finally, in D.U.I. cases, the days following arrest are critical.  If law enforcement suspended your license, you only have ten days to appeal the suspension to the Department of Driver’s Services or face the possibility of losing your license for an entire year. 

Arraignment

The second phase of the criminal justice processes is the arraignment.  This procedural step is important for many reasons.  The arraignment is your first opportunity to appear in court and announce your intentions in regard to the charges.  You can plead guilty or not guilty.  You can ask for a bench or jury trial.  Further, at arraignment, you may be offered deals by the government, which include Pre-Trial Diversion Programs, Lesser Included Offenses, D.U.I. Court Programs, and similar plea deals, all of which will have enormous impact on your life.   Finally, there are opportunities at arraignment to arrange outcomes for your case which can keep an arrest off your permanent record.

It is important to have an experienced counsel able to guide you through your choices and the potential consequences during this early stage.  These early encounters and decisions will set the tone for your case as it proceeds.

Pre-Trial

The time between your arraignment and your trial is a busy and critical stage of a criminal justice proceeding.  At this stage, the government must present to you all the evidence and witnesses they have against you.  This is your opportunity to assert your Constitutional Rights by having the court suppress evidence unconstitutionally collected by law enforcement.   Having capable counsel able to assert your Constitutional Rights by identifying when and where enforcement law violated your rights is critical.  Suppressing government evidence will force the government to revaluate its case.

This is also the time the government will try cut a plea deal with you in earnest.  These plea deals must be thoroughly scrutinized to test whether they are fair, valid, and worth accepting.  Taking a plea deal forfeits your constitutional right to a trial by jury, and forgoing your right to a jury trial is a life changing decision.  To make these decisions, you need sound legal advice to help weigh the pros and cons of your options, and help guide you forward.

Finally, this is the time period when you need to marshal your case together for trial.

TRIAL

Trial is your day in court, when you get to fight for your innocence.  You have the opportunity to present your witnesses and evidence and assail the government’s witnesses and evidence.

At trial, you need a trial attorney; who has tried and won cases; who is familiar and comfortable with the courtroom; who can advocate for you at a time when the government is attempting to convict you.   

APPEAL

This vital right in the criminal justice system allows you to contest what occurred at your trial by taking your case to a higher court.  You need experienced counsel to identify where in your case the government or court violated your rights and how a higher court can protect your rights.  The fight does go on.

At Eric Ballinger, P.C. we have successfully helped our clients navigate the path through the criminal justice system.  We fight for our clients rights by utilizing our experience, relationships, and know how built up over years hard work as defense lawyers in the criminal justice process.  If you or a loved one is facing the criminal justice system and searching for the answers to the many questions the uncertainty of the experience brings, please contact us.