Georgia Federal Crimes Lawyer

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.

Is my case civil or criminal?
This seems like a simple question, and in most cases it is. The best guideline to decide if your case is civil or criminal is to determine whether you are facing criminal charges (meaning you could go to jail) or if you are seeking money or someone is seeking money from you. The first kind of case is a criminal case. The second two are civil.

However, this is only a guideline. There are many kinds of cases which have both civil and criminal implications. The best thing to do is to discuss the facts of your case with us and let us explain your legal position to you thoroughly

What do you charge?
We are not able to quote a fee without first discussing your case with you. We invite you to make an appointment to come in to our office for a free consultation so that we may assess your legal position and advise you of what our fee would be in your case. Remember, this initial meeting would be completely confidential and will cost you nothing.

What will happen in my case?
This is the most important question to anyone who is looking for a lawyer. Whether you have been charged with a federal felony or have a contract dispute with a former business partner, you want to know how your case is going to turn out. The answer ultimately depends on several factors such as the facts of your case and the attorney you have fighting for you.

What you are paying for when you hire an attorney in a litigation case is not a specific result, but rather, you are paying for that attorney's efforts on your case. This is why you must be careful when you hire an attorney at the beginning of your case. You should consider the attorney's skills, experience, case-load, responsiveness, and reputation. Your attorney should have the time, experience and skill to deal with your specific case. Ask questions. You want an attorney who can do more than just sell you on their firm and take your money. Remember, this is the person that you are trusting to fight for you. Choose them carefully.

In a criminal case, if I cannot win at trial, is it worth it to hire an attorney?
Deciding your case is hopeless, especially when your opinion is based on information you received from the police or FBI is very dangerous. When you hire an experienced lawyer, they can give you an accurate assessment of your legal position from someone who is on your side. It is not wise to assume that the "evidence" the police have (or claim to have) is admissible at trial or has been legally collected.

However, not every case can be won at trial. But by thoroughly preparing a case, an experienced attorney is often able to better negotiate with the prosecutor and provide you with a better alternative than an attorney who is simply looking to make a deal and close your case

Do I have a case?
Unfortunately, we cannot answer this question without sitting down with you and learning the facts of your case.