Criminal Sentencing Alternatives & Rehabilitation in Georgia

Being arrested and charged with a crime is devastating to an individual’s life and livelihood. In many cases, criminal allegations are the catalyst for an uncertain future and loss of academic and professional opportunities. However, there are often alternatives available to help defendants rebuild their lives, rather than allowing their lives, and that of their loved ones, suffer from a poor decision. One example is that of rehabilitation. While many debate the effectiveness of rehabilitation as opposed to incarceration or other sentences, there are many success stories of individuals who have been able to turn their lives around and build a promising future.

One example of the above has been highlighted in the media across Georgia lately. The recent story focuses on a man who was arrested in 1983 on felony drug charges after he became addicted to prescription drugs while working as a pharmacist. An investigation by the DEA indicated that he was a significant source of illegal drug traffic, even though he was the one using the drugs. After being arrested, the man went through extreme withdrawals, which required that he be hospitalized. The court sent him to an Atlanta area rehabilitation facility where he stayed for four months before appearing in court again.

After completing the rehabilitation program, the man appeared before a Floyd County Superior Court, where he was warned that he should expect to be sent back to jail. After several hours, the judge decided to give the man a chance to prove that he had truly been rehabilitated. No longer allowed to return to pharmacist duties, the man decided to dedicate his life to helping others. The judge agreed and released the man with five years of probation instead of sending him back to jail.

In the 30 years that have passed since the case began, the man once addicted to drugs has regained his pharmacist license, obtained an education, became a published author, and is a respected professor at the University of Georgia (UGA). He also speaks to at risk students offering wisdom and knowledge regarding drug use, rehabilitation, and the importance of making positive changes in one’s life. According to the man discussed in this story, the world is a surprising place after completing rehabilitation, and the possibilities are endless.

Find out What Alternatives May be Available to You

While there remains a great deal of speculation regarding the effectiveness of alternative sentences and rehabilitation for criminal offenders, stories like this one prove that there is hope for people to break the cycle of addiction and become positive contributors to society. One of the most important steps in this process is securing a proper support system, including proper legal representation, in order to examine all possible options and alternatives.

At Abt Law Firm, LLC, we understand how difficult it is to manage the strain of criminal allegations, the court process, and all the possible outcomes. We pride ourselves on offering competent, aggressive legal representation to our clients in Atlanta, and all across the state. We also gladly offer convenience, and are available 24/7 to answer your questions or offer guidance. If you want to know more about the alternatives you may qualify for, call Abt Law Firm, LLC right now at (770) 977-6105 to schedule a free consultation. If you are incarcerated, we will gladly come to the jail to meet with you, or consult with you over the telephone. If you are able to come to our office, we also can schedule a consultation with our criminal defense attorney.

Roadmap to Sentencing Guidelines

After being arrested and charged with a crime, the next process that Georgia residents will move through is a series of court dates. For misdemeanor crimes, it is common for there to be only a handful of required court appearances, and in some cases, only one court date is needed in order to resolve the case and sentence the defendant. For felony crimes, the process of moving through the court system often requires several court dates, as sentencing is rarely handed down on the same day that the case is tried. In some cases, sentencing may be days, weeks, months, or even years after the original trial.

Moving through the court process can be challenging on the emotions, finances, and future opportunities for the defendant and his or her loved ones. It is important that as soon as an arrest is made, steps be taken to protect the defendant’s legal rights and examine all possible outcomes. It is also important to understand how Georgia’s sentencing guidelines work, in order to form a solid defense.

Georgia’s Sentencing Guidelines

Here is some helpful information for Georgia residents about sentencing guidelines, what to expect, as well as how it can affect your life.

Pre-Sentence Investigation

Many courts require what is known as a pre-sentence investigation before sentencing a defendant. A pre-sentence investigation is an in-depth examination of all aspects of the defendant’s life, including past criminal records, family life, living arrangements, and employment records. Once all this information is obtained, the judge will review it before making a sentencing decision. The judge also may consider information gathered from family members or probation officers, which can improve the chances of a more favorable outcome.

Get Help to Prevent a Strict Sentence

Even though Georgia law is strict in sentencing, many defendants find that there are positive options to avoid steep fines and lengthy stints in prison. In some cases, it may be possible to convince the judge that a suspended sentence is a good option, which allows the defendant to complete a term of probation before a judge determines if incarceration is the best choice. Research indicates that defendants who have an attorney are more likely to be granted probation than those who do not.

If you want to avoid a strict, expensive sentence then call Abt Law Firm, LLC today at ((770) 977-6105 to schedule a free consultation. At Abt Law Firm, LLC, you will find our Atlanta Criminal Defense Attorney ready to fight for your rights and fight to secure the best outcome possible for your case. It is critical to have the support of a criminal defense attorney who is knowledgeable about Georgia law and sentencing guidelines. At Abt Law Firm, LLC, we provide competent, comprehensive legal representation that gets results.

Mandatory Minimum Sentences in Georgia

There are many things about the criminal justice system in Georgia that people think about when they have been arrested and charged with a crime. With this in mind, one of the things that tends to surprise some defendants is that there are mandatory minimum sentences for certain crimes, leading to far more time in prison than a person anticipated. What this means is that a judge or jury cannot sentence a person to less time than the established minimum, even if there are extenuating factors that might justify a more lenient sentence. In addition, the person must serve at least the minimum term before being eligible for parole. This uneven system of punishment means that some people are serving far more time in prison than other individuals who committed a much worse crime.

The issue of mandatory minimums have garnered a lot of attention lately. These sentence requirements exist on both the state and the federal level. For many years, the federal government had sentencing guidelines for many crimes and the judiciary’s hands were tied when it came to deviating from these guidelines. This has undergone recent change with regard to certain crimes, especially less serious drug offenses, but there now are sitting judges across the country who are entrenched in handing out severe sentences and the fact that they now have the discretion to deviate has not resulted in significantly reduced sentences.

Georgia Sentencing Considerations

In Georgia, there are mandatory minimums for many different types of drug charges, as well as specific violent crimes. Georgia has two basic ways of charging a crime – as a misdemeanor or a felony. This is different from many other states where there are classes of crimes under both of those classifications. Pursuant to Georgia law, a misdemeanor is punishable by up to one year in jail (as opposed to the state prison system) or a fine of up to $1,000.00. There are circumstances where a defendant will be punished with a combination of jail, a fine, community service, restitution, and/or probation.

Felony crimes in state court are penalized based upon the nature of the crime. A defendant may face life in prison for a violent crime, down to one year in prison for a felony that is considered less serious. Certain crimes have established minimums, as discussed above, where the defendant must serve at least the minimum number of years in prison. Where the crime is a person who was convicted of trafficking cocaine because he got caught up with the wrong people when he was young and agreed to deliver 150 grams of cocaine just in time to get arrested, it may seem manifestly unfair that he must serve ten years in prison before being able to get out.

Going with a Strong Defense

When a person is arrested for any crime, it is critical that he retain tenacious and astute criminal defense attorneys who are going to be able to get the best results, whether this is a reduction of the charges to the point where there is no mandatory minimum or a complete dismissal of the charges. The worst thing that a person can do is attempt to negotiate with the prosecutor on his own because this is not a fight that a person can win if he is not familiar with the tactics and ploys of the prosecutor’s office.

The Abt Law Firm, LLC. Aggressively Advocates on Behalf of its Clients

There are many elements that go into a successful defense, but one of the most critical is understanding the full extent of what could happen if a defense strategy does not work. The Atlanta Criminal Defense Firm of the Abt Law Firm, LLC. has the experience and resolve to fight for the right outcome. If you do not want a criminal record, call us immediately at (770) 977-6105 and we can help. We offer free consultations at our office, over the telephone, and are ready to come to you in jail.