If you are arrested and charged with a crime, you may be concerned as to what types of penalties and consequences you will face. Depending on the severity of your crime and your past criminal history, you may be facing hefty fines or significant time behind bars. Ultimately, in the state of Georgia, the sentence you receive will be decided upon by a judge. Even if your criminal defense attorney and the solicitor prosecutor come to a negotiated plea, however, the judge still has the final say.
If the prosecutor solicitor and the criminal defense attorney can’t come to an agreement, you may decide to enter into a blind or non-negotiated plea. This is also known as throwing yourself at the mercy of the court. During this time, you will make your case before the judge and allow the judge to determine your sentencing. A blind plea does not guarantee leniency from a judge, however.
If your case proceeds to trial, your criminal attorney will have an opportunity to present all of the evidence in a court of law. A jury of your peers will then decide whether or not you are guilty of the crimes against you. If you’re convicted, you will be required to attend a sentencing hearing where a judge will ultimately decide your fate and the severity of the sentence you will receive.
Determining Your Sentence
If you plead guilty to a crime or if you are convicted of a crime, then the judge will be in charge of ultimately determining your sentence. If your attorney and the prosecution have agreed upon a plea, then the judge will still need to sign off on that deal. When the judge is determining the sentence you will receive, they use a variety of facts and arguments to arrive at their final decision, including:
- Previous criminal record
- Facts about the crime in question
- Whether the crime hurt anyone or have the potential to hurt another person
- If the accused is remorseful
- Injuries or damages sustained because of the crime
An appropriate sentencing for a criminal conviction can include a variety of punishments, including:
- Jail time
- Prison time
- Community service
- Drug or alcohol rehabilitation
- Suspended licenses
- Restitution to the victim
In Georgia, however, there are some crimes that have mandatory minimum sentences. In those cases, the judge would be required to at least impose the minimum sentence.
Have You Been Arrested and Charged with a crime in Atlanta?
Have you been arrested and charged with a crime in Atlanta or anywhere in the state of Georgia? At Schnipper Law, P.C., our Atlanta criminal defense attorneys are ready to fight aggressively for you. Being convicted of a crime can have long-lasting consequences that can adversely affect your entire life. To learn more about your legal rights after you’ve been arrested, you need an experienced law firm on your side. Call Schnipper Law P.C., at (404) 545-5845 for a free initial consultation and review of your case. Have us get to work protecting your future.