Frequently Asked Questions

Q-I've been arrested and charged with a crime.  What can I expect to happen?

A-Our criminal justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you are facing even the possibility of criminal charges, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. Every criminal case is comprised of an investigation, arrest, arraignment, conviction or acquittal, and sentencing.  A skilled attorney from The Federal Law Group will fight for your legal and constitutional rights every step of the way. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Q-What does the State or Federal government have to prove to convict me?

A-The government has the burden to prove each and every element of the crime for which you are charged beyond a reasonable doubt.  Historically in our criminal justice system, two things must be present for criminal liability to attach to an action. First, a person must commit the criminal act, or the actus reus.  Second, the person must have the intent to take the criminal action, or the mens rea.  The government must prove that the criminal act took place in combination with the requisite criminal intention in order to prove that the commission of a crime took place. 

Q-What is a felony?

A-The most serious crimes are felonies, which are typically either particularly heinous, involve dangerous weapons, or involve relatively high amounts of financial damage or harm to property. Traditionally, felonies are punishable by either imprisonment for a year or longer, usually in a penitentiary or similarly secure facility, probation for a year or longer, or by a split-sentence (a combination of jail and probation).  Because of the seriousness of the offense and the punishment, maximum safeguards for the defendant's rights are built into the prosecution and court procedures.  In addition to social stigma, long-term consequences of a felony conviction may include the loss of the right to vote; ineligibility for elected office or professional licenses; restrictions on the right to possess weapons; ineligibility for housing, public benefits, educational benefits or certain jobs; immigration problems; loss of the right to serve as a juror; negative impact on parental rights or divorce proceedings; or the requirement to register with certain criminal registries.

Q-What is a misdemeanor?

A-Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies do. The legal procedure is usually simpler than for felonies, the penalties less severe and the long-term consequences less harsh.  Penalties typically include fines, property forfeitures or jail time of less than one year in a facility less secure than a penitentiary.  There is no federal or Georgia state right to a grand jury for a misdemeanor.  Court procedures may be more relaxed than those for felonies and, generally, if the potential punishment is imprisonment for less than six months, there is no right to a jury trial.

Q-What is the difference between a State and a Federal crime?

A-The difference between federal crimes and state crimes is defined mainly by jurisdiction. Jurisdiction refers to what court is authorized to hear the criminal charge. Federal court jurisdiction is limited to the types of cases listed in the U.S. Constitution and specifically provided for by Congress. In the criminal arena, federal courts only hear cases in which the United States is a party, and cases involving violations of the U.S. Constitution or federal laws. Examples of federal crimes are bringing illegal drugs into the country or across state lines and the use of the U.S. mails to perpetrate a fraud. Crimes committed on federal property, such as national parks or military reservations, are also prosecuted in federal court.  State courts, in contrast, have broad jurisdiction, so most criminal cases against individual citizens--such as thefts, robberies, traffic violations, drug offenses, and family violence--are usually tried in state courts. In many cases, both federal and state courts have jurisdiction. Criminal cases involving federal laws can be tried only in federal court, but most criminal cases also involve violations of state law and are tried in state court. For example, robbery is a crime that state laws, not federal laws, make a crime. However, there are a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency. In such cases of joint jurisdiction, the state will usually forego prosecution in lieu of federal prosecution.

Q-Do I need a lawyer's help if I am accused of a crime?

A-It is always in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.

Q-What should I do if I am arrested?

A-If the police arrest you, immediately ask to call an attorney. Do not say anything to the police that could incriminate you. Even if you are innocent and were in no way involved in the crime for which you have been arrested, ask for an attorney and do not speak to the police without a criminal defense attorney present.

Q-What is the role of the grand jury?

A-The grand jury decides whether there is sufficient evidence to indict a suspect and continue the criminal proceedings against him or her. The indictment is the formal process of charging a person with a crime. The grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. All states use the grand jury system to some extent, though there may be differences in procedures and number of jurors.

Q-What is the role of the prosecutor?

A-The prosecutor is the attorney who represents the federal, state or local government in a case against a criminal defendant. The title of the prosecutor varies by jurisdiction, but some common titles include district attorney, county attorney, city attorney, United States attorney and state attorney. The prosecutor has the public duty to punish those committing crimes, balanced with the duty to fairly try such individuals.

Q-What is the difference between probation and parole?

A-Probation is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison, as long as he or she complies with certain conditions, such as regularly reporting to a probation officer, refraining from alcohol and drugs and not committing further crimes. Parole is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence. Conditions of parole are similar to those of probation.

Q-What is restitution in the criminal context?

A-Depending on the applicable federal or state laws, part of a criminal sentence may include the payment of restitution to the victim or victims for their related losses. Restitution may include compensation for property damage or loss, medical and rehabilitation expenses, lost income or funeral expenses. Part of the philosophy behind criminal restitution is to give the criminal offender a direct part in making things whole with his or her victim.

Q-How are children and youth prosecuted?

A-A minor is prosecuted for criminal conduct in a separate juvenile court system. The philosophy of the juvenile justice system is that children should not be punished or stigmatized for criminal conduct because of their immature abilities to make proper choices and recognize right from wrong. Instead the role of the juvenile justice system is seen as rehabilitative and guiding. For particularly violent crimes, adolescents may be tried in the adult system.

Q-If I am convicted of a crime while I am in the United States legally on a work visa, can I be deported?

A-Yes, if a person who is not a citizen of the United States is convicted of a crime, he or she can be deported. This includes lawful permanent residents who are lawfully living and working in the United States. Under the Immigration and Nationality Act, if a non-citizen is convicted of an aggravated felony, a crime of moral turpitude or any one of a number of listed crimes in a third category (such as violations of laws relating to domestic violence, controlled substances and possessing a firearm), he or she is at risk of deportation. In addition to deportation, a conviction may adversely affect a lawful permanent resident's ability to become a United States citizen.

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