Atlanta Criminal Defense Lawyers
Experienced trial lawyers who protect you and get results
If you’ve been arrested for driving under the influence, a sex crime, drug crime, or any other Georgia felony or misdemeanor, you need a lawyer who knows his way around the courthouse and is intimately familiar with local courtroom procedures. Likewise, if you’ve been injured in an accident, the only way you’ll get top dollar for your claim is if the insurance company knows your lawyer is prepared to go to trial and win a substantial jury verdict.
At The Spizman Firm, we are trial lawyers serving injury victims and the criminally accused throughout the state of Georgia. We settle and resolve cases every day outside of court, often without having to file a lawsuit or go to trial. But we never back down from a fight, and we never sell you short. If it’s in your best interests to avoid a trial and resolve your matter some other way, rest assured our team has the skills and determination to get you an outstanding result. On the other hand, if a trial is necessary to get the best outcome, you’ve found the Atlanta criminal defense lawyers with the experience and resources to get the job done.
You don’t always need a trial lawyer, but when you do, you’ll be glad you have The Spizman Firm working for you.
Atlanta Criminal Defense
The Spizman Firm handles the full range of Atlanta misdemeanor and felony offenses, from traffic tickets and property damage to sexual assault and manslaughter. As a person accused of a crime, you have constitutional rights to ensure you are treated fairly, including the right to remain silent and have an attorney represent you. When you exercise these rights that are guaranteed to you, you put yourself in the best position for a positive outcome. There is no reason to put yourself at the mercy of the prosecutor and judge when you could have an experienced criminal law attorney on your side who is knowledgeable, skilled and dedicated to getting you the best result.
Our Atlanta criminal lawyers have amassed a long string of cases where we achieved outstanding results for our clients, whether that outcome was getting charges dismissed, securing a not guilty verdict at trial, or negotiating favorable terms that allowed our clients to move forward with a productive and successful life and put the charges behind them. It all begins with a call to The Spizman Firm, where we offer a free case review to let you know your options and how we can best help resolve the problem you are facing.
- Arson
- Assault
- DUI Defense
- Bond Hearings
- Domestic Violence
- Drug Crimes
- Embezzlement
- Expungement
- Extortion
- Failure To Appear
- Fraud
- Gun Crimes
- Manslaughter
- Private Warrant Applications
- Probation Revocation
- Property Damage
- Prostitution
- Sex Crimes
- Solicitation
- Student Defense
- Theft
- Traffic Ticket Defense
DUI Defense (Driving Under the Influence)
DUI is one of the most frequent charges in Atlanta. Georgia has strict DUI laws, and a conviction can result in license suspension, fines, and possible jail time. Even a first-time offense carries severe penalties, and repeat offenses come with harsher consequences.
Driving Under the Influence (DUI) is a misdemeanor offense in most instances. Yet the penalties and consequences of a drunk driving conviction go far beyond just having to pay a fine, as is the case with most misdemeanor crimes. You can lose your driver’s license, you can lose your job, and you can lose your professional license as well. A DUI can turn your life upside down from four months to five years, depending on your driving record.
It doesn’t have to be that way. There are many ways the police can get it wrong when they pull you over, arrest you, or test you for intoxication. With The Spizman Firm as your trial team, you’ll have access to a nationally Board Certified DUI expert who can evaluate the facts, identify weaknesses in the prosecution’s case, and help you keep your driver’s license, stay out of jail, and avoid the worst consequences that often follow a DUI arrest for someone without superior legal representation.
DUI is one of the most frequent charges in Atlanta. Georgia has strict DUI laws, and a conviction can result in license suspension, fines, and possible jail time. Even a first-time offense carries severe penalties, and repeat offenses come with harsher consequences.
Drug Crimes
Drug-related offenses, including possession, distribution, and trafficking, are taken seriously in Georgia. Depending on the type and quantity of drugs involved, penalties can range from probation to significant prison sentences. Commonly charged drug crimes involve marijuana, cocaine, methamphetamine, and prescription drugs without a valid prescription.
Theft and Property Crimes
Shoplifting, burglary, robbery, and auto theft are common property crimes in Atlanta. Theft charges vary in severity based on the value of the stolen goods, with misdemeanor theft involving lower-value property and felony theft involving higher-value items.
Assault and Violent Crimes
Atlanta sees a high number of assault, battery, and domestic violence cases. These charges can range from misdemeanor simple assault to felony aggravated assault, which carries significant prison time if convicted.
White Collar Crimes
Fraud, embezzlement, identity theft, and other financial crimes are common in Atlanta’s business sector. White-collar crimes may result in federal charges and carry severe financial and legal consequences.
Gun and Weapons Charges
Georgia has laws regulating firearm possession and use. Carrying a concealed weapon without a permit, illegal possession of a firearm, or using a gun in the commission of a crime can lead to felony charges.
Probation Violations
Failing to comply with probation terms—such as missing a drug test, failing to meet with a probation officer, or committing a new offense—can result in severe penalties, including immediate incarceration.
Protecting Your Rights
If you are facing criminal charges in Atlanta, having a skilled and experienced defense attorney is critical to protecting your rights and future. Georgia’s criminal laws can be complex, and the consequences of a conviction can be severe, including jail time, hefty fines, and a permanent criminal record. The Spizman Firm provides aggressive and strategic defense for those accused of crimes in Atlanta and surrounding areas. Whether you are charged with a misdemeanor or felony, The Spizman Firm is ready to fight for the best possible outcome in your case.
What to Do If You Are Arrested in Atlanta
If you are arrested, it is crucial to take the right steps to protect your legal rights.
Remain Silent: Under the Fifth Amendment, you have the right to remain silent. Anything you say to law enforcement can be used against you in court. Politely inform officers that you wish to remain silent until your attorney is present.
Request an Attorney: Do not answer questions or sign any statements without legal representation. Ask for an attorney immediately, and if you don’t have one, the court will appoint a public defender. However, hiring an experienced criminal defense attorney like The Spizman Firm can significantly impact the outcome of your case.
Do Not Consent to Searches: Unless law enforcement has a valid search warrant or probable cause, you are not required to consent to a search of your person, vehicle, or home. Politely refuse any search requests until you speak with a lawyer.
Contact a Family Member or Bail Bondsman: If bail is set, you may be able to secure your release by posting bail or using a bondsman. Your attorney can also advocate for a lower bail amount or a release on your own recognizance.
What to Do If You Are Pulled Over in Atlanta
Traffic stops are one of the most common ways people come into contact with law enforcement. If you are pulled over in Atlanta, follow these steps:
Stay Calm and Compliant: Remain polite and respectful. Keep your hands visible on the steering wheel and follow the officer’s instructions.
Do Not Admit Guilt: If an officer asks if you know why you were stopped, do not admit to any wrongdoing. Simply provide your license, registration, and proof of insurance when requested.
Know Your Rights in a DUI Stop: If an officer suspects you of DUI, they may ask you to perform field sobriety tests or take a breathalyzer test. Georgia has an implied consent law, meaning refusing a breath test can result in automatic license suspension. However, you do have the right to refuse field sobriety tests, which are often used as evidence against you.
Request an Attorney if Arrested: If you are arrested during a traffic stop, do not resist. Instead, follow instructions and contact an attorney as soon as possible.
Possible Penalties for Criminal Convictions in Atlanta
Penalties for criminal charges in Atlanta vary based on the severity of the offense, prior convictions, and other circumstances.
Misdemeanor Penalties
Misdemeanors in Georgia can result in up to 12 months in jail and fines of up to $1,000. Some common misdemeanor offenses include simple assault, shoplifting (for items under $500), and first-time DUI.
Felony Penalties
Felonies carry much harsher penalties, including:
- Drug Trafficking: Years to life in prison, plus large fines.
- Aggravated Assault: Up to 20 years in prison.
- Armed Robbery: Minimum of 10 years in prison, up to life.
- Murder: Life imprisonment or the death penalty in severe cases.
Probation and Alternative Sentencing
Some defendants may qualify for probation, community service, diversion programs, or reduced sentences through plea agreements. Having an experienced defense attorney can make a significant difference in negotiating these outcomes.
Personal Injury Representation
When you’ve been injured because of another’s negligence or misconduct, Georgia law allows you to recover compensation for your medical bills, lost income, and pain and suffering from the negligent party. Unfortunately, the burden falls on you to prove the other party’s negligence and liability to you, and the insurance companies on the hook to pay a settlement or judgment sometimes fight tooth and nail to avoid paying what they should. They deny their insured was negligent and say your injuries were caused by some other accident, or they’ll even dispute that you are hurt as bad as they say you are. They are also likely to accuse you of being the negligent one or at least partially at fault. This trick reduces the amount they have to pay and can even get them out of paying altogether. You need a lawyer on your side who knows all the insurance company tricks and has the skills and experience to hold them accountable.
At The Spizman Firm, we have represented victims of car, truck and motorcycle accidents on Georgia roads from low-speed fender benders to high-speed crashes causing serious injuries. We put every case on a litigation footing to secure the best settlement or go to trial when needed. Call our office for a free case evaluation after an Atlanta motor vehicle accident, slip and fall premises liability accident, medical malpractice, nursing home abuse, or other personal injury. We take cases on a contingency fee basis and advance all costs. We only charge a fee after we are successful in recovering compensation for you, so it costs you nothing upfront to afford high-quality legal representation for your Atlanta personal injury claim.
Atlanta Criminal Defense FAQs
What to do if you’re pulled over by the police?
- Stay in your vehicle and wait for the officer to approach, turn on the interior light if it’s dark.
- Produce your driver’s license, registration, and proof of insurance if asked. Don’t start looking until you’re asked for these things, the officer may fear that you’re searching for a weapon.
- Don’t open the glove box if there’s a firearm in it, keep your hands on the steering wheel. Tell the officer about the firearm and ask the officer if he wants to retrieve it.
- Answer questions confirming your identity, otherwise say as little as possible. Be respectful and if the officer asks, do you know why I stopped you, no is all you need to say.
- Get out of the car if the officer asks you, close the door behind you, keep your hands in plain sight. The officer may pat you down for weapons, don’t resist.
- Don’t consent to a search of your vehicle, backpack, or purse if the officer asked for permission. He doesn’t have a legal justification to search.
- If the officer does write you a ticket go ahead and sign it. It’s not an admission of guilt, the place to fight this is in court not on the street.
What to do if you’re arrested after a traffic stop?
After you’re arrested, assert your rights immediately. You have the right to remain silent, the right to consult with a lawyer, and the right to have a lawyer present during any questioning. You can lose these rights if you don’t speak up. Say I don’t want to talk or answer questions, I want a lawyer. Once you’ve asserted your rights, be quiet and don’t say anything else until you’ve consulted with a lawyer. Now the police will likely search you incident to the arrest, and they may search your car. If they believe they’ll find evidence of the crime you are arrested for, they don’t need permission. If an officer asked for permission to conduct any other search, say no. It is likely they will search anyway, either incident to your arrest or to inventory any property in the vehicle. Finally, call a criminal defense lawyer as soon as you have the opportunity. Your lawyer can work to get you released on bail, counsel you if the prosecutor offers a plea, ensure that your rights are protected, and if necessary take your case to trial.
How can you discourage the police from coming on to your property?
You may be able to avoid unwanted encounters with the police on your property. If you clearly mark your property as restricted to the public construct a fence with a locking gate. Post no trespassing signs, make sure your windows have curtains or blinds so you don’t unwittingly invite the police or neighbors or passers by to look into your home. Educate all residents and guests of your home that they are not to invite in law enforcement agents and must never consent to a search. Call your criminal defense attorney the moment you become aware that the police are trying to make contact with you or enter onto your property. If police are investigating you, you’ve been charged with a crime, or if the police are at your property, please call us immediately.
When we’re offered a plea deal, what should we consider before deciding whether to accept it?
Here’s the revised version with proper grammar, punctuation, and flow:
Many of our clients ask, “When we’re offered a plea deal, what should we consider before deciding whether to accept it?” That’s what I’d like to discuss today.
There is no one-size-fits-all answer to the question of whether to take a deal or go to trial. The right decision depends on a variety of legal and personal factors, which I will outline for you. How you weigh these factors will depend on your unique circumstances. So let’s dive in.
When evaluating a prosecutor’s plea offer, consider the following key factors:
1. The Charges and Potential Sentence
The first thing to assess is the seriousness of the charges against you and the sentence you face if convicted. Ask yourself:
- How serious is the alleged crime?
- Are there any aggravating factors?
- Do any charges carry a mandatory minimum sentence?
- What is the total possible sentence for all charges?
Beyond the sentence itself, consider the collateral consequences of a guilty plea. A plea agreement carries the same legal weight as a criminal conviction, meaning you may face:
- Immigration consequences
- Employment-related repercussions
- Loss of a professional license
- Loss of voting rights
- Loss of driving privileges
- Loss of the right to possess firearms
2. The Strength of the Evidence Against You
Next, evaluate the strength of the prosecution’s case:
- What will the prosecution’s witnesses say? Are they credible? Will they appeal to the jury?
- What physical evidence does the prosecutor have? Can any of it be suppressed before trial?
Law enforcement officers sometimes overstep legal boundaries. If the police violated your constitutional rights during your arrest or the collection of evidence, your attorney may be able to suppress unlawfully obtained evidence. If key evidence is thrown out, the prosecution’s case may weaken significantly, potentially leading to reduced or dismissed charges.
3. The Terms of the Plea Offer
Examine the specifics of the prosecutor’s offer. What are they proposing?
- A plea to lesser charges?
- Dropping one or more charges?
- A reduced sentence recommendation?
- Release from custody with probation instead of jail time?
Also, consider what the prosecution expects from you in return. Are you being asked to cooperate and testify against other defendants? If jail time is involved, how much? What are the proposed probation terms?
4. Personal Considerations
Personal factors play a significant role in deciding whether to accept a plea deal or go to trial. You should reflect on:
- Your age and health
- Your family and financial situation
- Any prior criminal history
- Your desire to keep the matter private
- Your willingness to take risks
Trials can be unpredictable. Even if you believe you have a strong case, a jury may see things differently. Are you comfortable leaving your fate in the hands of a group of strangers? Are you emotionally and mentally prepared to endure the stress of a trial, or would you rather resolve the case quickly and move forward with your life?
5. Legal Advice and Strategy
One of the most crucial factors in your decision is the advice of your attorney. An experienced criminal defense lawyer can provide a realistic and honest assessment of:
- The terms of the plea deal
- The strength of the charges against you
- The quality of the prosecution’s evidence
- The likelihood of conviction and the potential sentence if found guilty
- Local legal dynamics, including the reputation of the prosecutor, the tendencies of local juries, and the judge’s sentencing history
While the decision to accept a plea deal or go to trial is ultimately yours, you don’t have to make it alone. Consulting with a knowledgeable defense attorney can help you make the best possible choice based on your circumstances.
Can the evidence against me be thrown out?
Many of our clients want to know whether evidence against them can be thrown out. If law enforcement violated your constitutional rights when obtaining evidence against you, your attorney can follow a motion to suppress that evidence to keep it out of court. Here are six common questions about motions to suppress, and how this powerful defense tool can be used to your advantage.
- What is a motion to suppress? A motion to suppress is a request to the court to prevent evidence from being used against you in a criminal case. It is usually brought before the trial. But only after your attorney has reviewed the police report, interviewed you, and conducted an independent investigation into how the evidence was collected. Sometimes the judge will rule on the motion after reading the motion, but more often the judge will order a hearing to listen to testimony from witnesses and legal arguments from the attorneys. The prosecution will usually call the law enforcement officers who gathered the evidence, and your attorney will have the opportunity to cross examine. Other witnesses may also be called, for example persons who are present when the officers entered your home, or a passenger in the car with you when you were pulled over. You also may be called to testify at the hearing, but you cannot be required to do so. That’s a decision that you and your lawyer will make together.
- What types of evidence can be suppressed? Virtually any type of evidence obtained in violation of your constitutional rights can be suppressed. Some examples are tangible physical objects like weapons or drugs, electronically stored data like email and text messages, statements that you made to the police can be suppressed, and an identification of you made by a witness outside of court may also be subject to suppression.
- What are the legal grounds for motion to suppress? Typical grounds for motion to suppress include when the police found the evidence during an illegal search of you or your property, for example, the police search without a warrant when they should have had one, or the police searched beyond the scope permitted by the search warrant. Also, if you made statements while police unlawfully interrogated you, for example, you were denied your right to counsel, or the interrogation was coercive. If you are identified during a lineup or a photo array that was unfair and biased, that evidence can be suppressed. Also, if the police failed to keep proper records of who handled the evidence, causing a break in what’s called the chain of custody, that evidence might be subject to suppression.
- What happens if you win a motion to suppress? If the judge rules in your favor, the evidence in the motion will be banned from the trial. The prosecution cannot use it to prove its case against you, the prosecution can still try to prove its case using other admissible evidence. If the remaining evidence against you is insufficient to prove the charges, the judge might decide to dismiss one or more of the charges or even the entire case. At the very least, the prosecution will likely offer you a better plea deal.
- What if you lose the motion to suppress? If the judge rules against you, your case continues moving towards trial. Your case may benefit from a motion to suppress, even if you lose the motion. Motion to suppress allows your lawyer to learn more about the prosecution’s case against you, to observe the prosecutors courtroom style and demeanor, and to see how the officers and other witnesses involved react to cross examination. All of this will be helpful in preparing for trial.
- What can you do to help your lawyer win the motion to suppress? The most important thing you can do to help your lawyer is to tell the truth. Motions to suppress are won or lost on specific facts, your lawyer needs a detailed and accurate account of what happened in your encounter with law enforcement. Remember that your conversations with your lawyer are protected by the attorney client privilege. The substance of those conversations is confidential, be honest and tell your lawyer the whole story. Details that seem unimportant to you may be very important to winning the motion or to other aspects of your defense.
Information About the Local Courthouse in Atlanta
Most criminal cases in Atlanta are handled at the Fulton County Courthouse, located at:
Fulton County Superior Court
136 Pryor St SW, Atlanta, GA 30303
This court handles felony cases, while misdemeanor and traffic offenses may be processed at the Atlanta Municipal Court or Fulton County State Court. If your case is at the federal level, it will be heard at the United States District Court for the Northern District of Georgia.
Understanding the procedures of these courts can be overwhelming, which is why hiring a knowledgeable attorney like those at The Spizman Firm is crucial.
Experience Matters. Call The Spizman Firm Trial Lawyers for Dedicated Legal Help
The Spizman Firm has decades of experience defending individuals facing criminal charges in Atlanta. Whether you are charged with a misdemeanor or a serious felony, our team provides:
- Aggressive Representation: We fight tirelessly to get charges dismissed, reduced, or acquitted.
- Personalized Defense Strategies: Every case is different, and we tailor our approach based on the details of your situation.
- Extensive Courtroom Experience: We know the local court system, judges, and prosecutors, which gives us insight into how to best approach your defense.
- 24/7 Availability: We understand that legal emergencies happen at any time, and we are always available to help.
If you or a loved one has been arrested in Atlanta, do not face the legal system alone. Contact The Spizman Firm for a confidential consultation and strong defense against your charges.
Serving Throughout Atlanta and Beyond
- Alpharetta
- Cobb County
- Dunwoody
- Johns Creek
- Fulton County
- Gwinnett County
- Sandy Springs
- Buckhead
- Midtown
- Downtown
- Old Fourth Ward
- Virginia-Highland
- Inman Park
- West Midtown
- East Atlanta Village
- Cabbagetown
- Grant Park
- Little Five Points
- Reynoldstown
- Kirkwood
- Atlantic Station
- Edgewood
- Brookhaven
- Druid Hills
- Castleberry Hill
- Collier Hills
- Lindbergh/Morosgo
Contact A Skilled Atlanta Criminal Defense Lawyer Today
If you’ve been arrested for DUI or another criminal offense in Georgia, or if you’re hurt because of another’s negligence or wrongful conduct, call The Spizman Firm at 770-685-6400 for a free consultation. We’ll review your case at no charge and give you an evaluation of where we think you stand and how we can help you. Call us anytime you need us, day or night, any day of the week. A live person will answer your call, and we’ll get in touch so your case is not delayed and your rights remain protected. We have several full-time staff members fluent in Spanish and are ready to serve you if Spanish is your preferred language. Waiting to talk to a Atlanta criminal defense attorney can be disastrous to your case, so call The Spizman Firm now for immediate assistance.