James CauthenLaw Office · Marietta, Georgia
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Charged? Make them prove it.

Misdemeanors and felonies, drug and marijuana charges, and anything that started with a stop or a search. In Marietta, Cobb County and around Atlanta.

Call for a free 15 minutes(405) 708-0813
An empty courtroom in afternoon light
Where the State has to prove it.

How a case moves

General information about Georgia criminal cases. Your case has its own facts; that's what the free call is for.

  1. Arrest and bond

    After an arrest there's usually a first appearance and a bond decision. What you say in the back of the car and on jail phones can be recorded.

  2. The charge on paper

    The accusation or indictment lists what the State says you did. Every charge breaks into elements, and each one has to be proven.

  3. Discovery

    The State has to share its evidence: reports, body-cam and dash-cam video, lab results. This is where stories start to fall apart.

  4. Motions

    If the stop or the search was unlawful, a motion to suppress can ask the court to throw out what they found because of it.

    Fourth Amendment to the U.S. Constitution

  5. Plea or trial

    Most cases end in a negotiated plea; some go to trial. Either way, the decision is yours, made with the full picture.

How you can get arrested for smoking made up, but it happens

A joint and a lighter on a dashboard, police lights behind
Friday, 10:40 PM.Parked, windows down, one joint. Feeling free.
An officer at the driver's window at night
Blue lights.“I smelled it from the street.” Now he wants to search.
A citation on a passenger seat under police lights
Still a crime.Under Georgia state law, even a small amount of marijuana is a crime.
An empty courtroom
What I look at.Why he walked up. Whether the search was lawful. What they can prove.

What to do right now.

  1. Say nothing

    Be polite. “My attorney advised me not to talk.” Then stop talking.

  2. Write it down

    Time, place, officers' names, what was said, who saw it. Tonight, while you remember.

  3. Don't post

    Nothing about the case on social media. Prosecutors read it too.

  4. Call

    Free 15 minutes. Before court, before any plea.

Other kinds of trouble

Marijuana chargesDUICivil rightsImmigrationTraffic tickets
Call James · free 15 minutes