Marietta Criminal Defense Lawyer

Criminal charges are formal accusations made by the government—filed by prosecutors after an investigation—claiming that you committed a crime and violated criminal law.

These charges begin the criminal justice process and typically require supporting evidence. They fall into two main categories: felonies and misdemeanors.

Felonies are serious offenses and can result in more than one year in prison, while misdemeanors are less serious and usually carry penalties of less than one year in jail. Nevertheless, anyone charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt.

Examples of Criminal Charges in Georgia 

Felonies

• Murder or manslaughter

• Robbery

• Sexual assault

• Drug trafficking

• Burglary

• Aggravated assault

Misdemeanors

• Simple assault

• Shoplifting

• Trespassing

• DUI/DWI (driving under the influence)

• Disorderly conduct

• Minor drug possession

Infractions

• Speeding

• Jaywalking

• Parking violations

Still, penalties are adjusted based on the details of each case. For example, someone facing drug trafficking charges in Georgia might face 5-40 years in prison depending on the drug type and quantity. Someone trafficking cocaine can face a minimum of 25 years in jail (OCGA § 16-13-31).

Moreover, criminal charges can lead to job loss, difficulty finding employment, and the loss of professional licenses. Additionally, you might face major barriers to housing, education, and financial stability due to background checks, fines, and limited access to credit or aid.

What Does Facing Criminal Charges in Marietta Look Like?

If you are facing criminal charges in Marietta, Farnsworth & Murphy guides you through every step, from your first call through the resolution of your case. 

1. Arrest

• Police arrest a suspect based on probable cause

• Suspect is taken into custody, read Miranda rights

• Booked at the police station (fingerprints, photos, personal info recorded)

2. Initial Appearance (within 72 hours)

• Defendant is brought before a judge

• Informed of charges and rights

• Judge decides if defendant can be released (and under what conditions)

3. Preliminary Hearing (felonies only, within 10 days)

• Judge determines if probable cause exists

• Prosecution presents evidence and defense can challenge the evidence

• If probable cause is found, the case advances; if not, charges may be dismissed

4. Grand Jury Indictment (felonies)

• Grand jury reviews case

• Prosecution presents evidence

• If the majority votes yes an indictment issued (formal felony charge)

5. Discovery Phase

• Both sides exchange evidence

• Defense receives prosecution’s case files

• Prosecution receives defense evidence

6. Pre-Trial Motions

• Defense files motions (suppress evidence, dismiss charges, etc.)

• Judge rules on motions

• May affect admissible evidence at trial

7. Plea Negotiations

• Prosecution and defense discuss a settlement

• Defendant pleads guilty to a lesser charge/sentence

• The judge accepts the plea agreement

8. Trial (if no plea deal)

• Prosecution presents the case

• Defense presents case

• Jury deliberates and returns verdict (guilty/not guilty)

9. Sentencing (if guilty/plea)

• The judge determines the punishment

10. Appeal (optional)

• Defendant can appeal the conviction/sentence to a higher court

• They’re required to show that a legal error occurred at trial

• Appeals court reviews record, may affirm, reverse, or remand

Here’s what we offer as you face criminal charges in Marietta:

Free Consultation

We start with a free consultation. You tell us what happened. We listen without judgment. Then we give you an honest picture of where you stand. No legal jargon. Just clear answers.

Document Review

Next, we gather and review everything materials related to your case. Police reports. Witness statements. Evidence logs. Our team looks for gaps, errors, and rights violations that could work in your favor. Every detail matters.

Strategy Planning

Once we know the facts, we build your defense. We look at every option — from challenging the evidence to negotiating with prosecutors. Your strategy is built around your specific situation. Nothing generic.

Court Representation

If your case goes to court, we are with you at every hearing. Georgia’s courts move on their own timeline. Some cases resolve quickly. Others take months. We keep you informed at each stage so you are never left guessing.

For residents of Marietta, Georgia, trials are generally held at the Cobb County Courthouse complex.

Resolution

Every case ends through dismissal, a negotiated plea, or a verdict at trial. Our goal is always a favorable outcome for you, where possible. We work toward that from day one.

You will never feel alone in this process. Our team stays by your side from start to finish, explaining every step, answering every question, and fighting hard for your future.

1. What should I do if I am arrested in Marietta?

Stay calm. Do not resist. Ask for a lawyer right away and say nothing else to the police. You have the right to remain silent under the Fifth Amendment. Use it. Anything you say can be used against you in court.

2. How serious is a misdemeanor charge in Georgia?

Misdemeanors are still serious. A conviction can mean up to 12 months in jail and fines up to $1,000. It can also affect your job, housing, and reputation. Do not treat any charge as minor without talking to a lawyer first.

3. What is the difference between a felony and a misdemeanor?

Felonies carry harsher penalties. In Georgia, a felony conviction can mean more than one year in prison. It can also strip you of voting rights and make it harder to find work. A drug crime or violent charge often falls in this category.

4. Can a criminal record be expunged in Georgia?

Georgia uses a process called record restriction. Not all charges qualify. First-time, low-level offenses may be eligible. A lawyer can review your case and tell you if you qualify.

5. Do I need a lawyer if I plan to plead guilty?

Yes. A lawyer can review the charge and spot weak points in the case against you. Pleading guilty without legal help can cost you more than you expect. You may have better options than you think.