Who Is The Best Attorney In Marietta?

Who Is The Best Attorney In Marietta?

Choosing the Best Criminal Defense Attorney for You Frequently, individuals looking for an attorney pose the following questions to me: “Who is the best attorney in Marietta?” or “Who is the best attorney in Cobb County?” Choosing an attorney who is the best and most qualified to handle your legal issue is very similar to choosing a doctor. Attorneys, like doctors, specialize in particular areas of the practice of law. If you have a heart condition, you would probably not seek the services of an orthopedic surgeon. You want to see a specialist, someone who specializes in the particular ailment or affliction from which you are suffering. The best attorney in defending criminal cases will most likely not be the best attorney to handle your bankruptcy case. The best attorney in Cobb County concerning workers’ compensation matters may not be the best attorney to handle your divorce. You should seek the services of an attorney who specializes in the area in which you require legal assistance. Most attorneys will specialize in one or two areas of the law. If you hope to retain the best attorney to meet your legal needs, you should make sure that your legal issue is one of the areas in which the attorney specializes. To discover how experienced an attorney is in a particular area, you should inquire about the attorney’s experience. When choosing a criminal defense attorney, it is always wise to choose an attorney who is a former prosecutor in the jurisdiction where your charges are pending. The three partners at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, L.L.P. who handle criminal...
Georgia Diversion Programs as Alternatives to Criminal Sentences

Georgia Diversion Programs as Alternatives to Criminal Sentences

If you are a first-time offender and have never been arrested before, you may be eligible for one of many diversion programs that are available in your court. Before pleading guilty to any sort of a criminal offense, you should first inquire about the availability of such programs. What is diversion?  Simply put, diversion is an alternative to a criminal sentence, and many courts offer diversion programs but do not always offer it initially. Rather than going before the Judge and pleading guilty to an offense, an offender may have the option of performing community service or perhaps undergoing drug screens or alcohol treatment instead of being prosecuted. Who is eligible for diversion in Georgia? Typically, diversion programs are available to first-time offenders who have not previously been arrested or convicted of a misdemeanor or a felony offense. However, most courts will not disqualify an individual from diversion if his/her prior convictions are for minor traffic offenses.  In addition, some jurisdictions will allow you to participate in diversion even if you were previously arrested but were never convicted of a prior misdemeanor offense. The restriction concerning your eligibility for diversion will vary from court to court. In order to consider all options, you should consult with an attorney who is familiar with the court in which you are charged before assuming that a prior arrest or conviction will prohibit you from participating in such a program. In those jurisdictions where a prior arrest will typically disqualify you from participating in diversion, exceptions are often made depending upon many factors such as how long ago the prior arrest was, what...
Aggravated Assault versus Attempted Murder Charges in Georgia

Aggravated Assault versus Attempted Murder Charges in Georgia

Most people believe that any crime involving murder will result in the most serious type of criminal charge. But certain technical details involving aggravated assault charges in Georgia make them more challenging to defend — and subject to potentially more severe penalties than even attempted murder convictions. The term, attempted murder states that the defendant performed actions with the specific intent of killing someone. Aggravated assault, on the other hand, states that a defendant used an object on another person that could cause serious injury, whether or not the victim actually suffered injury in the attack, and regardless of intent. According to the Houston County District Attorney, charging aggravated assault offers two distinct advantages for the prosecution: The prosecution does not have to prove the intent of the defendant. For complex reasons, Georgia law imposes a maximum of ten years imprisonment for attempted murder convictions. Aggravated assault carries a 20-year maximum sentence that requires offenders to serve 90 percent of the sentence before qualifying for parole. The burden of proof is on the prosecution in any criminal case, and proving intent in the mind of a defendant is not necessary when the prosecution charges aggravated assault. This is why the prosecution seldom charges attempted murder. But an experienced defense attorney in Georgia still has an arsenal of legal tools and techniques to effectively establish reasonable doubt in the minds of a jury. The attorneys at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP, have more than five decades of combined experience on both the prosecution and the defense side of criminal cases. We remain at your side to protect...
How Does Georgia Treat Serious Out-of-State Traffic Convictions?

How Does Georgia Treat Serious Out-of-State Traffic Convictions?

In an effort to protect public safety, Georgia laws treat vehicular crimes equally regardless of where they occur. So when drivers are convicted out of state for certain offenses ¾ ranging from driving with a revoked registration to vehicular homicide ¾ they face harsh penalties in Georgia. The Georgia Department of Driver Services imposes mandatory license suspension for the following crimes committed in or out of state: Vehicular homicide All felonies involving the use of a motor vehicle Eluding an officer using a motor vehicle Fraudulent use of or application for a license or forging an identification document Hit and run Racing Driving with a suspended, canceled or revoked registration Drivers identified as habitual offenders face mandatory revocation of their driving privileges. Particularly if you have been convicted of DUI or other behavior that causes a fatal accident, you need to seek legal support from an experienced Marietta traffic lawyer. Even after conviction, your lawyer can help you regain your driving privileges once the period of suspension or revocation expires. Of course, depending on the details of your conviction, the loss of your license may be only a minor concern as you face possible felony charges and the penalties that come with conviction. This is why it is so important to retain highly experienced criminal defense lawyers. The attorneys at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have extensive prosecution and judicial experience, allowing us to develop an effective defense for our clients. Contact us today to set up a consultation....
Is an Arrest Warrant More Serious than a Bench Warrant?

Is an Arrest Warrant More Serious than a Bench Warrant?

Both types of warrants are serious. But arrest warrants in Georgia are issued when law enforcement suspects you committed a crime, while bench warrants mean you definitely violated a judicial order. In either case, you need immediate support from an experienced criminal defense lawyer because you are in trouble with the law. Both the U.S. Constitution and the Constitution of the State of Georgia require law enforcement to have probable cause before placing individuals under arrest. If police directly witness a crime, they can immediately place offenders under arrest. Otherwise, they must obtain an arrest warrant by convincing a judge they have good reason to believe someone committed a crime and needs be arrested. But an arrest warrant does not prove guilt. By taking advantage of the Miranda right to an attorney immediately after arrest, some individuals can potentially secure release early in the process. Individuals receive Georgia bench warrants when they fail to appear at a scheduled court date. While judges can theoretically issue bench warrants to individuals who fail to appear for jury duty, they tend to reserve the use of these warrants for more serious situations. For example, when criminal defendants on bail fail to appear in court, judges view them as flight risks. Once police bring them to court, a judge may increase the bond requirements — or hold them in custody without bail until the time of trial. Anyone taken into custody by police needs immediate representation by an experienced criminal defense lawyer. When you retain an attorney from Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP, you benefit from a legal team with...
How Does the Cobb County Diversion Program Help People Facing Criminal Charges?

How Does the Cobb County Diversion Program Help People Facing Criminal Charges?

Criminal convictions can have a profound effect on your ability to find a job or a place to live ¾ potentially for the rest of your life.  But accused or indicted individuals who meet a strict set of requirements may qualify for the Cobb County diversion program in lieu of normal criminal prosecution. Avoiding prosecution affords individuals who successfully complete the program with distinct advantages while decreasing the burden on the criminal courts. The program is available to Cobb County residents at least 17 years old with no prior criminal record when they meet all requirements identified by the Cobb Judicial Circuit guidelines. Some of the primary requirements include: Response to the diversion petition by the victim of the crime Agreement by the offender to meet the program requirements Performance of community service Gainful employment or full-time student status unless the offender is a homemaker The pretrial diversion program in Georgia does not accept individuals charged with violent or most drug-related crimes. And even after the Assistant District Attorney identifies a person as a possible candidate for the program, he or she must undergo a detailed investigation of personal history, criminal record, employment and other considerations. But successful completion of the program results in dismissal of the charges, allowing offenders to continue their lives without the stigma of a criminal conviction on their records. The criminal defense lawyers at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have extensive prosecution and judicial experience, allowing us to develop an effective defense for their clients. Whenever possible, we look into any legal options to avoid prosecution to help clients emerge from...