Criminal accusations are serious matters that could permanently taint your future. A DUI charge might strip away your driving privileges; a murder charge could put you behind bars for life; and a drug charge may leave you with a criminal record that prevents future opportunities for reintegration into society. This is why an experienced criminal defense lawyer is so important to have — a good attorney can argue for dismissed, or at least reduced, charges, and they can help you pursue post-conviction relief options like appealing a conviction or expunging your criminal record.
Attorney Stuart M. Mones has secured numerous positive outcomes in some of the most challenging federal cases, and he has defeated the entire alphabet of government agencies in court, from the SEC to the DOJ to the FBI. When your future hangs in the balance, let a skilled criminal defense lawyer assert your rights as a defendant. Few attorneys willingly take on complex felony and murder cases, but Attorney Mones is more than prepared to fight for your defense.
Schedule a free consultation with Mones Law to get started on your defense.
Murder is one of the most serious criminal offenses in Georgia. An individual may be accused of murder if they unlawfully, and with malice, take the life of another person.
GA Code § 16-5-1 (2017) classifies three types of murder charges:
- Malice murder: Unlawfully taking the life of another human being with express malice or implied malice, where “all the circumstances of the killing show an abandoned and malignant heart”
- Felony murder: Causing the death of another human being, regardless of malice, while committing a separate felony
- Murder in the second degree: Causing the death of another human being, regardless of malice, while committing cruelty to children in the second degree
Depending on the circumstances of the case, a crime of murder will be penalized by death, life imprisonment, or life imprisonment without the possibility of parole.
Another common criminal charge that Mones Law handles is driving under the influence.
It is a crime in Georgia to drive or be in physical control of a vehicle while:
- possessing a blood alcohol content (BAC) of .08% or greater (.04% for commercial vehicle drivers and .02% for drivers younger than 21 years old);
- under the influence (impaired to the extent that they are not safe to drive) of any alcohol, drug, or controlled substance; or
- having any amount of marijuana or illegal substances in the blood or urine.
The penalties for a DUI will depend on a few different factors, including the severity of the offense and the number of previous DUI convictions the driver has (within the last 10 years):
- First offense: 10 days to 12 months in jail; $300-$1,000 in fines; at least 20 hours of community service.
- Second offense: 90 days to 12 months in jail; $600-$1,000 in fines; at least 30 days of community services
- Third offense: 120 days to 12 months in jail; $1,000-$5,000 in fines; at least 30 days of community service
All DUI convictions will also result in a period of license suspension, and a further license suspension may be ordered if the driver refuses to submit to a required blood/breath test. In the presence of aggravating circumstances, such as if the driver was attempting to evade police, the standard misdemeanor penalties for a DUI may also enhance to the felony level.
Post-Conviction Relief Options
Conviction is not the end.
Whether a defendant has been handed a guilty verdict or seeks to cover a mark on their criminal record, they have several post-conviction relief options:
- Expunge the conviction: A defendant can petition to have their criminal record hidden from public view and can proceed as if the conviction never occurred.
- Request a sentencing modification: The defendant can request the court to modify the sentence they’ve been issued.
- Appeal the verdict: A defendant can file an appeal to a higher court based on the grounds that the lower court performed legal errors in the trial.
- Petition for habeas corpus: The defendant can challenge the legality of their confinement and request the overturning of an invalid sentence or denial of bond (this option only applies to those who have been held in custody).
Whatever you need, Mones Law is here to help. The firm does not shy away from even the toughest murder and felony cases, and they have the experience and skill to guide you through the criminal justice system efficiently.
Get started on your Sandy Spring criminal defense case with Mones Law , P.C. Schedule a free initial consultation today.