# The Spizman Firm > https://www.hsflawfirm.com > Last Updated: 2026-07-26 Call the Atlanta DUI & criminal defense lawyers of The Spizman Firm at 770-685-6400 for a free, confidential consultation. We will review the facts of your case, explain your options, and give you an honest assessment of where you stand and how we can help. A live person will answer your call at any time of day or night, any day of the week, and we will get to work on your case without delay. We have several full-time staff members fluent in Spanish and are ready to serve you if Spanish is your preferred language. ## Contact - Phone: +1-770-685-6400 - Address: 200 Ashford Center N, Suite 200, Atlanta, GA 30338 ## Locations - Atlanta, GA - +1-770-685-6400 Areas served: Atlanta, Acworth, Alpharetta, Athens, Atlantic Station, Barnesville, Barrow County, Bibb County, Brookhaven, Buckhead, Cabbagetown, Carroll County, Castleberry Hill, Chamblee, Chattahoochee Hills, Cherokee County, Clayton County, Clermont, Cobb County, College Park, Collier Hills, Columbia County, Conyers, Coweta County, Cumming, Dallas, Dawson County, Decatur, DeKalb County, Doraville, Douglas County, Douglasville, Druid Hills, Downtown Atlanta, Dunwoody, East Atlanta Village, East Point, Edgewood, Fairburn, Fayette County, Fayetteville, Floyd County, Forest Park, Forsyth City, Forsyth County, Fulton County, Grant Park, Gwinnett County, Hall County, Hampton, Hapeville, Haralson County, Henry County, Houston County, Inman Park, Johns Creek, Jonesboro, Kennesaw, Kirkwood, Lawrenceville, Lindbergh, Little Five Points, Locust Grove, Marietta, McDonough, Midtown, Milton, Monroe, Morrow, Murray County, Muscogee County, Newton County, Norcross, North Buckhead, Old Fourth Ward, Palmetto, Paulding County, Peachtree City, Peachtree Corners, Polk County, Putnam County, Reynoldstown, Riverdale, Rockdale County, Roswell, Sandy Springs, Senoia, Smyrna, Snellville, Stockbridge, Suwanee, Troup County, Tucker, Tyrone, Union City, Villa Rica, Vinings, Virginia-Highland, Walker County, West Midtown, White County, Whitfield County ## Practice Areas - Criminal Defense - Arson - Assault - Bond Hearings - Domestic Violence - Drug Crimes - DUI Defense - 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 Tickets ## Attorneys - Justin Spizman: https://www.hsflawfirm.com/our-team/justin-spizman/ Justin Spizman is an experienced and recognized DUI Defense, Criminal Defense, and Personal Injury lawyer. - Marci F. Goldman: https://www.hsflawfirm.com/our-team/marci-goldman/ Marci F. Goldman is a highly skilled criminal defense attorney with over two decades of legal experience, including extensive work in prosecution and juvenile advocacy. - Karley Corbin: https://www.hsflawfirm.com/our-team/karley-corbin/ Karley Corbin is a passionate and dedicated criminal defense attorney at The Spizman Firm, where she has been serving and advocating for clients for the past seven years. - David Rigdon: https://www.hsflawfirm.com/our-team/david-rigdon/ David Rigdon is a seasoned criminal defense attorney with a strong commitment to defending the rights of his clients. - Michael Duponte: https://www.hsflawfirm.com/our-team/michael-duponte/ Michael Duponte is a seasoned criminal defense attorney with over three decades of courtroom experience. ## Key Pages - Homepage: https://www.hsflawfirm.com/ - Attorneys: https://www.hsflawfirm.com/our-team/ - Blog: https://www.hsflawfirm.com/blog/ - Contact: https://www.hsflawfirm.com/contact-us/ ## Social Profiles - https://www.facebook.com/HSFLawFirm/ - https://www.linkedin.com/in/justin-spizman-9096227/ - https://www.avvo.com/attorneys/30338-ga-justin-spizman-1943816.html - https://www.yelp.com/biz/the-spizman-firm-atlanta-2 - https://profiles.superlawyers.com/georgia/atlanta/lawfirm/the-spizman-firm/e9c74f98-baa5-455f-bc1f-150747489749.html ## Reviews - Rating: 5/5 based on 287 reviews ## Practice Area Details ### Atlanta DUI Defense Lawyer https://www.hsflawfirm.com/atlanta-dui-defense-lawyer/ Working with an Atlanta DUI lawyer means you’re getting a highly-trained, peer-reviewed, experienced defense lawyer, contact us today. ### Atlanta Arson Lawyer https://www.hsflawfirm.com/atlanta-arson-lawyer/ Experienced Atlanta arson lawyers at The Spizman Firm can help you in your defense if you have been accused or arrested for arson ### Atlanta Assault Lawyer https://www.hsflawfirm.com/atlanta-assault-lawyer/ Atlanta assault lawyers The Spizman Firm helps people charged with assault, aggravated assault, sexual assault & other violent crimes. ### Atlanta Domestic Violence Lawyer https://www.hsflawfirm.com/atlanta-domestic-violence-lawyer/ Our Atlanta domestic violence lawyers routinely handle cases related to violent crimes, stalking, assault, battery, & kidnapping. ### Atlanta Embezzlement Lawyer https://www.hsflawfirm.com/atlanta-embezzlement-lawyer/ If you have been charged with Georgia embezzlement or are under investigation, contact the Atlanta embezzlement attorneys at The Spizman Firm. ### Atlanta Expungement Lawyer https://www.hsflawfirm.com/atlanta-expungement-lawyer/ Our Atlanta expungement lawyers may be able to help you clear juvenile, misdemeanor, and felony arrests from your record. ### Atlanta Extortion Lawyer https://www.hsflawfirm.com/atlanta-extortion-lawyer/ It is important to consult with an experienced Atlanta extortion lawyer if you are being investigated for your involvement in an extortion-related scheme. ### Atlanta Failure To Appear Lawyer https://www.hsflawfirm.com/atlanta-failure-to-appear-lawyer/ A Atlanta failure to appear lawyer can assist with legal situations like failure to appear and many other criminal defense matters. ### Atlanta Fraud Lawyer https://www.hsflawfirm.com/atlanta-fraud-lawyer/ If you are under investigation for or have been charged with fraud, call the Atlanta fraud lawyers at The Spizman Firm. ### Atlanta Manslaughter Lawyer https://www.hsflawfirm.com/atlanta-manslaughter-lawyer/ Our Atlanta manslaughter lawyers at The Spizman Firm can examine the details of your case and determine which legal strategies can best defend your future. ### Atlanta Private Warrant Applications Lawyer https://www.hsflawfirm.com/atlanta-private-warrant-applications-lawyer/ If you believe that you have reason to request such a warrant, it is important to first speak with a Atlanta private warrant applications lawyer before moving forward. ### Atlanta Probation Revocation Lawyer https://www.hsflawfirm.com/atlanta-probation-revocation-lawyer/ The experienced Atlanta probation revocation lawyers at The Spizman Firm can help you determine your legal options. ### Atlanta Property Damage Lawyer https://www.hsflawfirm.com/atlanta-property-damage-lawyer/ If you have been accused of damaging someone else’s property, you should speak with a Atlanta property damage lawyer atThe Spizman Firm. ### Atlanta Prostitution Lawyer https://www.hsflawfirm.com/atlanta-prostitution-lawyer/ Contact The Spizman Firm if you have been charged with prostitution or sex solicitation, our Atlanta prostitution attorneys offer a free initial consultation. ### Atlanta Sex Crimes Lawyer https://www.hsflawfirm.com/atlanta-sex-crimes-lawyer/ Atlanta sex crimes lawyers The Spizman Firm defends people charged with sexual assault, rape, prostitution, pornography & solicitation. ### Atlanta Solicitation Lawyer https://www.hsflawfirm.com/atlanta-solicitation-lawyer/ If you have been accused of solicitation, you should consult with an experienced Atlanta solicitation lawyer about formulating a defense strategy. ### Atlanta Student Defense Lawyer https://www.hsflawfirm.com/atlanta-student-defense-lawyer/ An experienced Atlanta student defense lawyer will formulate a defense strategy that will give a student the best chance of avoiding punishment ### Atlanta Theft Lawyer https://www.hsflawfirm.com/atlanta-theft-lawyer/ If you have been accused of theft, you need to know your legal options, speak with a Atlanta theft lawyer at The Spizman Firm. ### Alpharetta Criminal Defense Lawyer https://www.hsflawfirm.com/alpharetta-criminal-defense-lawyer/ If you have been charged with a crime, reach out to a dedicated Alpharetta criminal defense lawyer at The Spizman Firm today. We can help immediately. ### Cobb County Criminal Defense Lawyer https://www.hsflawfirm.com/cobb-county-criminal-defense-lawyer/ If you were arrested for aggravated assault, seek the help of our Cobb County criminal defense lawyers at The Spizman Firm today. ### Dunwoody Criminal Defense Lawyer https://www.hsflawfirm.com/dunwoody-criminal-defense-lawyer/ Dunwoody criminal defense lawyers at The Spizman Firm aggressively fights for clients charged with DUI, drug crimes, misdemeanors, felonies, and federal crimes. ### Fulton County Criminal Defense Lawyer https://www.hsflawfirm.com/fulton-county-criminal-defense-lawyer/ At The Spizman Firm, we routinely represent Georgia clients for all their criminal law needs, let our skilled Fulton County criminal lawyers represent you. ### Gwinnett County Criminal Defense Lawyer https://www.hsflawfirm.com/gwinnett-county-criminal-defense-lawyer/ Being charged with a criminal offense could be an intimidating experience. 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The charge classification assigned at arrest does not have to be the charge tha... ### Georgia Aggravated Assault Lawyer https://www.hsflawfirm.com/georgia-aggravated-assault-lawyer/ Georgia Aggravated Assault Lawyer Georgia's aggravated assault statute, O.C.G.A. § 16-5-21, carries one of the most flexible and prosecutorially aggressive charging frameworks in state criminal law. The prosecution must prove, beyond a reasonable doubt, that the defendant assaulted another person wi... ### Georgia Domestic Violence Lawyer https://www.hsflawfirm.com/georgia-domestic-violence-lawyer/ Georgia Domestic Violence Lawyer Georgia's family violence statute, codified at O.C.G.A. § 19-13-1, defines family violence as any felony, or the commission of offenses including battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal ... ### Georgia Manslaughter Lawyer https://www.hsflawfirm.com/georgia-manslaughter-lawyer/ Georgia Manslaughter Lawyer Manslaughter and murder are not the same charge, and that distinction is not a technicality. It determines whether someone faces a few years in prison or spends decades behind bars. When Georgia prosecutors charge someone with manslaughter, they are alleging that a death ... ### Georgia Sex Crimes Lawyer https://www.hsflawfirm.com/georgia-sex-crimes-lawyer/ Georgia Sex Crimes Lawyer Georgia law enforcement agencies and prosecutors build sex crimes cases with a particular methodology that defense attorneys must understand from the first day of representation. Investigations in this area typically begin with a forensic interview of the complaining witnes... ### Georgia Sexual Assault Lawyer https://www.hsflawfirm.com/georgia-sexual-assault-lawyer/ Georgia Sexual Assault Lawyer The single most consequential decision in a sexual assault case is who you retain before you speak to law enforcement. That choice, made in the first hours after an arrest or even after receiving a target letter, determines what evidence gets preserved, what statements ... ### Georgia Solicitation Lawyer https://www.hsflawfirm.com/georgia-solicitation-lawyer/ Georgia Solicitation Lawyer Solicitation charges in Georgia are prosecuted aggressively, and the outcomes often hinge on constitutional questions that never make it into the police report. Under O.C.G.A. § 16-6-15, criminal solicitation for sexual purposes carries penalties that include potential ja... ### Georgia Prostitution Lawyer https://www.hsflawfirm.com/georgia-prostitution-lawyer/ Georgia Prostitution Lawyer Georgia law enforcement agencies, particularly in the Atlanta metropolitan area, rely heavily on undercover operations, digital communications, and sting operations to build prostitution cases. These methods create specific procedural vulnerabilities that an experienced G... ### Georgia Theft by Taking Lawyer https://www.hsflawfirm.com/georgia-theft-by-taking-lawyer/ Georgia Theft by Taking Lawyer Georgia prosecutes theft offenses more aggressively than many people expect. Under O.C.G.A. § 16-8-2, theft by taking in Georgia covers an extraordinarily broad range of conduct, from shoplifting a single item to appropriating hundreds of thousands of dollars from an e... ### Georgia Theft by Shoplifting Lawyer https://www.hsflawfirm.com/georgia-theft-by-shoplifting-lawyer/ Georgia Theft by Shoplifting Lawyer Georgia's shoplifting statute, codified at O.C.G.A. § 16-8-14, defines theft by shoplifting with considerable specificity. Under that provision, a person commits the offense when, with intent to appropriate merchandise without paying the full retail price, they co... ### Georgia Fraud Lawyer https://www.hsflawfirm.com/georgia-fraud-lawyer/ Georgia Fraud Lawyer Fraud prosecutions in Georgia share a common architecture. Law enforcement agencies, whether that is the Georgia Bureau of Investigation, the Atlanta Police Department's financial crimes unit, or federal agents working alongside U.S. Attorney's offices in the Northern District o... ### Georgia Identity Theft Lawyer https://www.hsflawfirm.com/georgia-identity-theft-lawyer/ Georgia Identity Theft Lawyer The attorneys at The Spizman Firm have defended identity theft cases across Georgia's court system long enough to recognize a consistent pattern: these prosecutions frequently rest on digital evidence that was collected improperly, chain-of-custody documentation that ha... ### Georgia Embezzlement Lawyer https://www.hsflawfirm.com/georgia-embezzlement-lawyer/ Georgia Embezzlement Lawyer An embezzlement charge in Georgia moves through the court system along a distinct procedural track, and what happens in the first few weeks after an arrest or indictment shapes nearly everything that follows. Georgia embezzlement lawyers who understand this timeline know ... ### Georgia Extortion Lawyer https://www.hsflawfirm.com/georgia-extortion-lawyer/ Georgia Extortion Lawyer Extortion charges in Georgia carry a weight that many people do not fully appreciate until they are sitting across from a prosecutor who is prepared to argue for a felony conviction. Georgia extortion lawyers who handle these cases regularly understand something that makes a... ### Georgia Arson Lawyer https://www.hsflawfirm.com/georgia-arson-lawyer/ Georgia Arson Lawyer Arson charges in Georgia carry a weight that most people do not fully appreciate until they are sitting across from a prosecutor who is pushing for serious prison time. What makes these cases especially complicated is how often they get conflated with related charges like crimin... ### Georgia Property Damage Lawyer https://www.hsflawfirm.com/georgia-property-damage-lawyer/ Georgia Property Damage Lawyer When property gets damaged in Georgia, whether through a car accident, a neighbor's negligence, a contractor's shoddy work, or an act of vandalism, the legal process that follows moves faster than most people expect. From the moment a claim is filed or a dispute arises... ### Georgia Expungement Lawyer https://www.hsflawfirm.com/georgia-expungement-lawyer/ Georgia Expungement Lawyer Georgia's record restriction statute operates under a strict eligibility framework that many people do not realize excludes the vast majority of felony convictions from relief entirely. The law, codified primarily under O.C.G.A. § 35-3-37, draws sharp distinctions between ... ### Georgia Probation Revocation Lawyer https://www.hsflawfirm.com/georgia-probation-revocation-lawyer/ Georgia Probation Revocation Lawyer Probation revocation is not the same as a new criminal charge, and that distinction changes everything about how these cases are defended. When someone is charged with a new crime, the prosecution must prove guilt beyond a reasonable doubt, a jury decides the outc... ### Georgia Failure to Appear Lawyer https://www.hsflawfirm.com/georgia-failure-to-appear-lawyer/ Georgia Failure to Appear Lawyer Georgia courts issue bench warrants the same day a defendant misses a scheduled court date, and in many counties, those warrants are entered into statewide law enforcement databases within hours of the missed appearance. A single missed court date can transform what ... ### Georgia Private Warrant Applications Lawyer https://www.hsflawfirm.com/georgia-private-warrant-applications-lawyer/ Georgia Private Warrant Applications Lawyer Most criminal cases in Georgia begin with a law enforcement officer making an arrest or requesting a warrant through official channels. But there is a second path that receives far less attention: the private warrant application. Under Georgia law, any pri... ### Georgia Student Defense Lawyer https://www.hsflawfirm.com/georgia-student-defense-lawyer/ Georgia Student Defense Lawyer A disciplinary charge or criminal arrest does not have to end a student's academic career, but it can if the response is slow or uninformed. At The Spizman Firm, our Georgia student defense lawyers represent students facing both university disciplinary proceedings and ... ## Recent Articles ### Statutory Rape in Georgia: Age-of-Consent Basics and Common Defenses https://www.hsflawfirm.com/blog/statutory-rape-in-georgia-age-of-consent-basics-and-common-defenses/ (2026-05-08) The legal team at The Spizman Firm represents individuals charged with serious criminal offenses throughout Georgia. ### Fentanyl Charges in Georgia: Possession, Trafficking, and High Stakes Penalties https://www.hsflawfirm.com/blog/fentanyl-charges-in-georgia-possession-trafficking-and-high-stakes-penalties/ (2026-05-07) If you need assistance from experienced Atlanta criminal defense attorneys, contact The Spizman Firm to discuss your case and protect your future. ### First Offender Act for Theft Charges in Georgia: What Happens After Successful Completion https://www.hsflawfirm.com/blog/first-offender-act-for-theft-charges-in-georgia-what-happens-after-successful-completion/ (2026-05-05) Our Atlanta theft defense attorneys at The Spizman Firm represent individuals charged with theft and other criminal offenses -- and we are prepared to begin mounting a thorough defense on your behalf. ### Mutual Combat vs Self-Defense in Georgia Assault Cases: How Arrest Decisions Get Made https://www.hsflawfirm.com/blog/mutual-combat-vs-self-defense-in-georgia-assault-cases-how-arrest-decisions-get-made/ (2026-05-04) The Atlanta assault lawyers at The Spizman Firm represent individuals charged with assault, battery, and other violent offenses. ### Search Warrants for Phones and Computers in Sex Crime Cases: What Police Can Seize in Georgia https://www.hsflawfirm.com/blog/search-warrants-for-phones-and-computers-in-sex-crime-cases-what-police-can-seize-in-georgia/ (2026-04-30) The Atlanta sex crimes lawyers at The Spizman Firm represent individuals facing serious criminal allegations and digital evidence investigations and we are prepared to advocate on your behalf. ### Prescription Fraud in Georgia: Forged Prescriptions, Doctor Shopping, and Pharmacy Arrests https://www.hsflawfirm.com/blog/prescription-fraud-in-georgia-forged-prescriptions-doctor-shopping-and-pharmacy-arrests/ (2026-04-29) The Atlanta criminal defense attorneys at The Spizman Firm represent clients facing drug charges throughout the state. ### Pretrial Release in Sex Crime Cases: Bond Factors in Fulton County and Beyond https://www.hsflawfirm.com/blog/pretrial-release-in-sex-crime-cases-bond-factors-in-fulton-county-and-beyond/ (2026-04-28) The team at The Spizman Firm helps clients navigate bond hearings and complex criminal cases. For guidance, connect with our Atlanta criminal defense attorneys who represent individuals in serious criminal matters. ### Habitual Violator in Georgia: How to Reinstate Your License and Avoid New Charges https://www.hsflawfirm.com/blog/habitual-violator-in-georgia-how-to-reinstate-your-license-and-avoid-new-charges/ (2026-04-27) The legal team at The Spizman Firm helps individuals navigate license reinstatement and defend against serious traffic-related charges. ### Facing Carjacking Charges in Georgia: Possible Defenses That May Protect Your Rights https://www.hsflawfirm.com/blog/facing-carjacking-charges-in-georgia-possible-defenses-that-may-protect-your-rights/ (2026-04-24) At The Spizman Firm, we work to thoroughly investigate the facts and build strong defenses for individuals accused of serious crimes. ### What Must Prosecutors Prove in a Georgia Shoplifting Case? https://www.hsflawfirm.com/blog/what-must-prosecutors-prove-in-a-georgia-shoplifting-case/ (2026-04-23) At The Spizman Firm, our Atlanta theft defense attorneys work closely with clients to evaluate the evidence, challenge weaknesses in the case, and protect their rights throughout the legal process. ## Frequently Asked Questions Q: Does a prostitution conviction stay on my record permanently in Georgia? A: Georgia law allows for the expungement, or "record restriction," of certain offenses, but a conviction for prostitution does not automatically qualify. Cases that are dismissed, no-billed by a grand jury, or resolved through certain diversion programs may be eligible for restriction. If you were convicted, that record is generally accessible to the public unless a court grants relief under O.C.G.A. 35-3-37. The Spizman Firm also handles expungement matters, which means the outcome of the crim... Q: What is the difference between prostitution and solicitation under Georgia law? A: Prostitution under O.C.G.A. 16-6-9 applies to the person performing or offering to perform sexual acts for compensation. Solicitation under O.C.G.A. 16-6-15 applies to the person seeking or paying for those acts. Both are misdemeanors for first offenses, but Georgia treats repeat buyers differently and has increased penalties in recent legislative sessions targeting demand-side offenses, particularly where human trafficking concerns are present. Q: Can I be charged even if I never went through with anything? A: Yes. Georgia's statute criminalizes offering and agreeing, not just completing a transaction. An exchange of messages indicating an agreement on price and act, followed by an attempt to meet, is typically sufficient for the prosecution to file charges. This is how sting operations are structured, and it is why the admissibility and completeness of recorded communications are central to many defenses. Q: Will this charge affect my professional license? A: Potentially, yes. Many Georgia licensing boards, including those governing healthcare professionals, attorneys, real estate agents, and others, require disclosure of criminal charges and convictions. A conviction can trigger a licensing investigation independent of the criminal penalty. A resolution that avoids conviction, such as diversion or an acquittal, significantly reduces that risk, which is another reason why the outcome of the criminal case matters beyond the immediate sentence. Q: How does a first-time offender diversion program work in Fulton County? A: Fulton County State Court has operated diversion programs that allow eligible first-time offenders to complete certain requirements, often including counseling, community service, and a period without new arrests, in exchange for dismissal of the charge. Eligibility depends on the specific charge, criminal history, and prosecutorial discretion. Not every defendant qualifies, and the decision to pursue diversion versus contesting the charge through litigation depends on the strength of the pro... Q: What happens at the bond hearing in a prostitution case? A: The bond hearing is where a judge sets the financial conditions of release and any special conditions like geographic restrictions or no-contact orders. For misdemeanor prostitution charges, bond is often set at arraignment without a separate hearing. However, an attorney can argue for the lowest possible bond and push back against conditions that are more restrictive than necessary, which matters practically for maintaining employment and managing the defense. Q: Can domestic violence charges in Georgia be expunged? A: Georgia's record restriction law, O.C.G.A. § 35-3-37, was significantly revised in 2021, but family violence convictions remain among the categories that are not eligible for restriction. Charges that were dismissed or resulted in a not guilty verdict can generally be restricted. This is one of the strongest arguments for fighting a charge rather than accepting a plea that results in a conviction, particularly for first-time defendants. Q: What happens if the alleged victim calls the police and then wants to drop the charges? A: The decision to pursue charges rests with the prosecutor's office, not the alleged victim. A recantation will be considered as part of the case, but it does not automatically result in dismissal. Prosecutors evaluate whether sufficient independent evidence exists to proceed. Defense counsel can use a recantation strategically, but it is not a guaranteed path to dismissal. Q: Does a domestic violence arrest automatically result in a protective order? A: In practice, yes. Fulton County judges routinely issue ex parte TPOs at the bond hearing, which prohibit any contact with the alleged victim pending the case. Violating this order, even if the alleged victim initiates contact, is a separate criminal charge. The order remains in effect until a court modifies or terminates it, which requires a formal hearing. Q: How does a domestic violence conviction affect child custody proceedings? A: Under Georgia law, O.C.G.A. § 19-9-3, a history of family violence is one of the factors a court must consider in custody determinations. A conviction can be introduced in family court proceedings and will weigh against the convicted parent in custody and visitation decisions. This is a collateral consequence that often matters more to clients than the criminal penalties themselves. Q: Is it possible to get a bond in a domestic violence case on the same day as the arrest? A: Georgia law requires that individuals arrested for certain family violence offenses be held for a mandatory period before bond is set. For misdemeanor family violence battery, that period is typically at least 24 hours before the bond hearing. The conditions of bond will almost always include a no-contact provision regardless of the underlying charge level. Q: What distinguishes felony domestic violence charges from misdemeanor charges in Georgia? A: Felony domestic violence charges most commonly arise from aggravated assault, aggravated battery, or strangulation. Strangulation is specifically addressed under O.C.G.A. § 16-5-23.1(f) and was elevated to a felony by Georgia's legislature in recognition of how frequently strangulation precedes lethal domestic violence incidents. The presence of a weapon, serious bodily injury, or the involvement of a minor in the household can also elevate charges to felony status. Q: Can a drug charge be removed from my record in Georgia? A: Georgia's record restriction law, commonly called expungement, was significantly expanded in 2021. Whether a drug conviction is eligible depends on the charge, the sentence, and how the case was resolved. Arrests that did not lead to conviction, charges that were dismissed, and cases resolved under first offender status may qualify. A drug conviction resulting in a guilty plea does not automatically qualify without meeting specific statutory criteria. This analysis requires a direct review of... Q: Does Georgia have drug court as an alternative to prosecution? A: Yes. Several Georgia counties, including Fulton and DeKalb, operate drug court programs for eligible defendants. Successful completion can result in dismissed charges. Eligibility depends on the nature of the offense, criminal history, and the specific program's admission criteria. Drug court is not available for all charges, and entry into the program typically requires a waiver of certain rights. The decision to pursue drug court over a straight criminal defense strategy depends on the fact... Q: What is the difference between possession and trafficking in Georgia? A: Trafficking is defined by quantity under Georgia law, not by evidence of an actual sale or distribution. If the amount of a controlled substance meets or exceeds the statutory trafficking threshold, the trafficking charge applies regardless of whether any transaction occurred. For cocaine, that threshold is 28 grams. For heroin, it is four grams. Trafficking charges carry mandatory minimum sentences that cannot be reduced through plea negotiation below those floors without specific statutory ... Q: Can evidence from an illegal traffic stop actually be thrown out? A: Yes, and it happens. If police lacked reasonable suspicion for the stop or probable cause for the search, a motion to suppress can be filed. When a judge grants that motion, the illegally obtained evidence is excluded. Without the physical evidence, prosecutors frequently cannot meet their burden of proof and charges are dismissed. These motions require a detailed factual record, thorough legal argument, and a defense team that is prepared to litigate them aggressively. Q: How does a prior drug conviction affect a new charge in Georgia? A: Georgia law provides for enhanced penalties on second and subsequent drug offenses. For certain drug felonies, a prior conviction can double the mandatory minimum sentence. Prosecutors also use prior records in bail hearings and plea negotiations. This makes the outcome of a current case directly relevant to the consequences of any future charges, which is one reason resolving the current case as favorably as possible matters beyond the immediate situation. Q: What if the drugs were not mine? A: This is a defense that requires more than a verbal denial. The state carries the burden of proving knowing possession beyond a reasonable doubt. Defense counsel can challenge the inference of possession through evidence of shared access, the location of the contraband relative to the defendant, the presence of other individuals, fingerprint or DNA evidence, and witness testimony. The strength of this defense depends heavily on the specific facts and the evidence available to support it. Q: Can embezzlement be charged as a federal crime rather than a state crime? A: Yes, and the distinction matters significantly. If the alleged conduct involved federal programs, federally insured financial institutions, or crossed state lines, federal prosecutors may assert jurisdiction. Federal embezzlement charges carry their own sentencing guidelines under 18 U.S.C. § 666 and related statutes, and federal cases proceed through U.S. District Court rather than Fulton County or DeKalb County Superior Court. Federal prosecutors have substantially more investigative resou... Q: What happens if I repay the money before charges are filed? A: Georgia law does not treat repayment as a complete defense to the criminal charge, though it can influence how prosecutors approach a case and what plea terms they offer. Repayment may demonstrate the absence of continued criminal intent and can factor into a judge's sentencing decision. However, in practice, some prosecutors and courts view repayment as circumstantial evidence that the defendant knew the conduct was wrongful. The strategic question of whether and how to address repayment bef... Q: Can I be fired and charged criminally at the same time? A: Yes. The law imposes no restriction on employers pursuing both routes simultaneously. A civil wrongful termination claim or an employer's civil lawsuit for recovery of funds does not bar a criminal prosecution, and a criminal acquittal does not automatically resolve a civil claim. The standards of proof are different: criminal convictions require proof beyond a reasonable doubt, while civil judgments are based on a preponderance of the evidence. Defendants in this dual-track situation need co... Q: Does intent really matter if the money is gone? A: Under Georgia law, intent is a required element, not a technicality. The prosecution must prove that the conversion was knowing and intentional. In practice, this means that genuine accounting errors, reasonable misunderstandings about authorization, or conduct taken under a supervisor's direction can be legitimate defenses. Missing funds alone, without proof of intentional criminal conversion, are not legally sufficient for a conviction. Prosecutors understand this, which is why their chargi... Q: What does a first-offender disposition mean for my record? A: Georgia's first-offender statute allows qualifying defendants to plead guilty without a formal adjudication of guilt. If the terms of supervision are completed successfully, the case is discharged and the defendant is not considered to have been convicted of a crime for most purposes. In practice, however, first-offender records are still visible to law enforcement and may be disclosed in certain licensing and security clearance contexts. The protection is meaningful but not absolute, and whe... Q: Can I get a felony conviction expunged in Georgia? A: Most felony convictions cannot be restricted under current Georgia law. The record restriction statute is primarily designed for arrests that did not result in conviction, dismissed charges, acquittals, and cases resolved under the First Offender Act or Conditional Discharge. A felony conviction that proceeded through standard sentencing generally remains on the public record permanently. There are limited exceptions, and the specific facts of each case should be reviewed to confirm what opti... Q: How long does the restriction process take? A: The timeline varies depending on the county and whether the prosecutor objects. Uncontested petitions in many Georgia counties resolve within 60 to 90 days after filing. Contested petitions, or those requiring a hearing before a judge, take longer. Fulton County cases can move more slowly due to docket volume. Having complete and accurate paperwork filed the first time significantly reduces the likelihood of delays. --- Detailed version — see https://www.hsflawfirm.com/llms.txt for summary Generated by MileMark Schema Pro