Arrested in Georgia? Free 24/7 Criminal Defense Line

Criminal Defense in Georgia — what to do right now

Right now, do three things. First, the person in custody should say only 'I am invoking my right to remain silent and I want a lawyer' — then stop talking, because jail phone lines in Georgia are recorded and the District Attorney or Solicitor-General can use what's said. Second, pin down the exact charge and whether it's a misdemeanor (prosecuted by the county Solicitor-General in State Court) or a felony (prosecuted by the District Attorney in Superior Court) — that one fact drives bond, exposure, and timeline. Third, note the arrest time: the 48-hour clock for a warrantless arrest (O.C.G.A. § 17-4-62) or the 72-hour clock for an arrest on a warrant (O.C.G.A. § 17-4-26) starts immediately and runs straight through weekends and holidays. Call 1-844-690-0555, free and 24/7, and we'll walk you through all three before the first appearance.

The law in Georgia: Criminal Defense

Georgia sorts every charge into two buckets, and which bucket you're in changes everything. Under O.C.G.A. § 16-1-3 a felony is any crime punishable by imprisonment for more than 12 months — up to life or death; a misdemeanor is everything else. Standard misdemeanors (O.C.G.A. § 17-10-3) carry up to 12 months and a fine up to $1,000; a 'high and aggravated' misdemeanor keeps the 12-month cap but raises the fine ceiling to $5,000 and limits good-time release. Felonies start above a year and run to an offense-specific statutory maximum. Misdemeanors are prosecuted by a county Solicitor-General in State Court; felonies by the elected District Attorney in Superior Court — two different offices, often two different buildings.

The early timeline is statutory, not optional. Arrested without a warrant, O.C.G.A. § 17-4-62 requires that you be taken before a judicial officer within 48 hours or released. Arrested on a warrant, the deadline is 72 hours under O.C.G.A. § 17-4-26, and you're entitled to a commitment (preliminary) hearing to test probable cause. Both clocks run through weekends and holidays. First appearance and bond are usually handled in Magistrate Court, which issues warrants, holds first appearances, and sets bond on many offenses — but Magistrate Court cannot try a felony; that goes to Superior Court.

Bond in Georgia tightened in 2024. SB 63 amended O.C.G.A. §§ 17-6-1 and 17-6-12 to expand the list of 'bail-restricted' offenses by roughly 30 — including some misdemeanors such as criminal trespass, obstruction, and fleeing or eluding — for which bail must be set by a judge and cannot be posted off a standard bond schedule, and it limited who may post another person's bail. For a growing list of charges, that means you wait for a judge, full stop. Learning whether your charge is on the bail-restricted list before first appearance is one of the most useful things you can do in the first day.

Then there's sentencing exposure, where Georgia is unusually rigid. The general recidivist statute, O.C.G.A. § 17-10-7, forces the maximum sentence after a prior felony and, on a fourth felony, the maximum with no parole — Georgia's 'three strikes' rule. Layered on top is O.C.G.A. § 17-10-6.1, the 'seven deadly sins' serious-violent-felony statute, whose mandatory minimums cannot be probated, suspended, or reduced by parole: 10 years for armed robbery or kidnapping (victim 14 or older), 25 years for rape, aggravated sodomy, aggravated sexual battery, or aggravated child molestation, and 30 years to life or death for murder — with life without parole on a second serious-violent-felony conviction. These are the rules a Georgia defense lawyer is built to fight, and the reason a free call to understand your exposure before you decide anything is worth making right now: 1-844-690-0555.

Key Statutes (O.C.G.A.)

§ 16-1-3 — felony = punishable by more than 12 months; misdemeanor = everything else
§ 17-10-3 — misdemeanor punishment: up to 12 months and/or $1,000 ($5,000 if high and aggravated)
§ 17-10-6.1 — 'seven deadly sins': mandatory minimums of 10 / 25 / 30 years; life without parole on a 2nd
§ 17-10-7 — recidivist / 'three strikes': max sentence after a prior felony, no parole on a 4th
§ 42-8-60 — First Offender Act: complete it and no conviction is entered at all

Courts & Agencies

Superior Court — felony trial court; the only court that can try the seven-deadly-sins offenses
State Court — misdemeanors, arraignments, and bond, prosecuted by the county Solicitor-General
Magistrate Court — warrants, first appearance, bond, and preliminary/commitment hearings
Juvenile Court — delinquency for those under 17 (Georgia still charges 17-year-olds as adults)
Georgia Public Defender Council — runs the circuit public-defender offices for those who qualify

Penalties & Deadlines

48 hours — warrantless arrestee must see a judge or be released (§ 17-4-62)
72 hours — arrestee on a warrant must see a judge (§ 17-4-26); both clocks include weekends
SB 63 (2024) — ~30 bail-restricted offenses must be bonded by a judge, not off a schedule (§§ 17-6-1, 17-6-12)
Statute of limitations — misdemeanors 2 years; most felonies 4 years; murder never expires (§ 17-3-1)
Record restriction — eligible misdemeanor conviction: 4 conviction-free years, up to 2 in a lifetime (§ 35-3-37 / SB 288)

Georgia's 'Seven Deadly Sins' and the First Offender Trade-Off Nobody Explains at the Jail

Two Georgia rules quietly decide outcomes most people never see coming. First, the 'seven deadly sins' statute (O.C.G.A. § 17-10-6.1) — murder, kidnapping, armed robbery, rape, aggravated sodomy, aggravated sexual battery, and aggravated child molestation — carries mandatory minimums that no judge can probate and no parole board can shorten: 10 years for armed robbery or kidnapping (victim 14+), 25 years for the sex offenses, 30 years to life for murder, and life without parole on a second such conviction. Because it's the more specific statute, it overrides the ordinary recidivist math you'd expect. Second, the First Offender Act (§ 42-8-60) can leave you with no conviction at all — but violate its terms and the judge can adjudicate you guilty and resentence you up to the original maximum. A powerful gift and a trap in the same breath. Before anyone signs anything, call 1-844-690-0555 for free information on how these rules touch your charge. Legal information, not legal advice — no attorney-client relationship is created.

Likely outcomes & penalties

Every case turns on its own facts, the county, and the prosecutor — but here is the realistic range of what's on the table in Georgia. These are penalty and outcome bands, not predictions.

Standard misdemeanor

Up to 12 months and/or a fine up to $1,000 (O.C.G.A. § 17-10-3). First offenses commonly resolve on probation, a fine, and conditions rather than jail time — and may be record-restriction eligible later.

First Offender / conditional discharge

Plead under § 42-8-60 before sentencing, complete the terms, and you finish with no conviction — exonerated as a matter of law. Violate it and the judge can adjudicate guilt and resentence you on the original maximum.

General felony

More than 12 months up to an offense-specific maximum. Judges can probate or split-sentence many felonies; a conviction also costs your firearm rights and your voting rights while the sentence is being served.

Serious violent / recidivist

Seven-deadly-sins felonies (§ 17-10-6.1): mandatory minimums of 10, 25, or 30 years that can't be probated or parole-shortened, life without parole on a 2nd. 'Three strikes' (§ 17-10-7): a 4th felony means the maximum with no parole.

Mistakes to avoid

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Talking to police or 'explaining your side' at the jail — jail phone lines are recorded and the Solicitor-General or DA can use them. Invoke silence and counsel, then stop.

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Assuming you'll automatically bond out the same night — under SB 63 a growing list of bail-restricted offenses can't be posted off a schedule and must be set by a judge, so you may sit until first appearance.

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Pleading guilty at arraignment to 'just get it over with' before checking First Offender eligibility (§ 42-8-60) — it must be elected before sentencing, and once a judgment of guilt is entered you generally can't go back.

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Missing the commitment-hearing window after a warrant arrest (§ 17-4-26) and giving up an early chance to test probable cause and see the State's evidence.

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Treating a Georgia self-defense claim as only a trial issue — § 16-3-24.2 lets your lawyer file a pre-trial immunity motion where a judge can dismiss the case entirely before a jury is ever sworn.

How it works

Ring the free line from anywhere in Georgia, day or night. No income test, no web form, no waiting room. If the call is about someone in custody, have the arrest time and the charge ready if you can.

Our assistant explains, in plain English, what your charge means, how the 48/72-hour clock and bond work, whether SB 63 makes your charge bail-restricted, and what to do before first appearance. This is free legal information, not legal advice, and it creates no attorney-client relationship.

If your situation needs a lawyer, we can help you book a paid consultation with a Georgia-licensed criminal defense attorney — a separate, paid step we arrange through the call. You decide whether to take it; there's never any pressure.

Free & low-cost Criminal Defense help in Georgia

If you can't afford a private lawyer, Georgia has real options — court-appointed defenders for those who qualify, plus non-profits focused on criminal defense, record restriction, and reentry. These are free or low-cost and genuinely useful for criminal matters. Our line can help you figure out which one fits while you wait for first appearance.

Georgia Public Defender Council (GPDC)

The state agency that runs the circuit public-defender offices — the indigent-defense provider in most of Georgia's judicial circuits. If you can't afford counsel, ask the court to appoint a public defender at first appearance; a modest application fee may apply.

Georgia Justice Project (GJP)

Atlanta-based non-profit offering free criminal defense plus record-restriction and reentry help, and a leading voice on Georgia's SB 288 second-chance law. A strong first call for record-clearing questions.

Southern Center for Human Rights

Atlanta non-profit that litigates and advocates on indigent defense and cash-bail reform in Georgia, including challenges tied to SB 63. Not an intake line for individual cases, but a key resource on systemic and bail issues.

GeorgiaLegalAid.org

Statewide self-help portal with plain-language guides and form packets — including record restriction and First Offender information — run jointly by Georgia Legal Services Program and Atlanta Legal Aid Society.

Georgia Courts Self-Help Resources

Court-based self-help information and standardized forms for self-represented litigants, via the Judicial Council / Administrative Office of the Courts — useful for record-restriction petitions and procedural questions.

Atlanta Bar Association Lawyer Referral Service

A bona fide lawyer-referral service for metro Atlanta when you're ready to hire private criminal counsel. Request a referral by phone or online.

State Bar of Georgia

Confirms a lawyer is licensed and in good standing through its public Member Directory; toll-free 800-334-6865. Use it to check any attorney before you pay.

FAQ — Criminal Defense in Georgia

How long can police hold me in Georgia without seeing a judge?

Arrested without a warrant, O.C.G.A. § 17-4-62 says you must be taken before a judicial officer within 48 hours or released. Arrested on a warrant, it's 72 hours under § 17-4-26 — and both clocks run through weekends and holidays. If someone's been sitting longer than that, call 1-844-690-0555 for free information on what to do next.

What's the difference between a misdemeanor and a felony in Georgia?

Under O.C.G.A. § 16-1-3 a felony is any crime punishable by more than 12 months; a misdemeanor is everything else, capped at 12 months and a $1,000 fine (or $5,000 if 'high and aggravated'). Misdemeanors go to State Court under the Solicitor-General; felonies to Superior Court under the District Attorney. To find out which yours is and what it means, call 1-844-690-0555 — free, 24/7.

Can I get bond, or has SB 63 changed that?

For many charges you can still post bond at first appearance, but SB 63 (2024) amended O.C.G.A. §§ 17-6-1 and 17-6-12 to add about 30 'bail-restricted' offenses where bond can't be posted off a schedule and a judge must set it — so you wait. Whether your charge is on that list is one of the first things worth checking. Call 1-844-690-0555 for free information before the hearing.

What is the First Offender Act and should I use it?

Georgia's First Offender Act (O.C.G.A. § 42-8-60) lets eligible defendants plead before adjudication so that, if you complete the terms, no conviction is ever entered — you're exonerated as a matter of law. The catch: violate the conditions and the judge can adjudicate you guilty and resentence you up to the original maximum. It has to be elected before sentencing. It's a high-stakes choice — get free information at 1-844-690-0555, then a lawyer if you want one.

What are Georgia's 'seven deadly sins'?

They're the serious violent felonies under O.C.G.A. § 17-10-6.1 — murder, kidnapping, armed robbery, rape, aggravated sodomy, aggravated sexual battery, and aggravated child molestation. The mandatory minimums can't be probated or shortened by parole: 10 years for armed robbery or kidnapping a victim 14 or older, 25 years for the sex offenses, and 30 years to life for murder — with life without parole on a second conviction. This statute overrides the general recidivist law. If a charge like this is on the table, call 1-844-690-0555 to understand the exposure first.

How do I get a public defender in Georgia?

Ask the court to appoint one at your first appearance; if you qualify financially, the Georgia Public Defender Council's circuit office takes the case (a modest application fee may apply). If you're not sure whether you qualify or how to ask, call 1-844-690-0555 for free information on the process — we can point you to the right office while you wait.

Can I clear or restrict a Georgia criminal record?

Often, yes. SB 288 (2020), Georgia's 'Second Chance' law, expanded record restriction under O.C.G.A. § 35-3-37 — letting you restrict and seal up to two misdemeanor convictions in a lifetime (with exclusions like DUI, family-violence, and sex offenses). For an eligible misdemeanor conviction, you generally wait four conviction-free years and then petition the court where you were convicted. To check whether you qualify, call 1-844-690-0555 — free, 24/7.

I acted in self-defense — does Georgia's Stand Your Ground law help me?

It can. Georgia imposes no duty to retreat anywhere you're legally allowed to be (O.C.G.A. § 16-3-23.1), and § 16-3-24.2 lets your lawyer file a pre-trial immunity motion where a judge can dismiss the case before a jury is sworn — a stronger posture than raising self-defense only at trial. At that hearing the burden is on you to show justification by a preponderance of the evidence, so it's worth understanding. Call 1-844-690-0555 for free information on how it applies to your facts.

There's a warrant out for my arrest in Georgia — what should I do?

Don't ignore it, and don't try to talk your way out of it with police on the phone — once you're arrested on a warrant, the 72-hour clock and a commitment hearing follow (§ 17-4-26). Knowing the charge, whether it's bail-restricted under SB 63, and how to turn yourself in on your own terms matters a lot. Call 1-844-690-0555 first for free information, then book a Georgia attorney through us if you need one.

My 17-year-old was arrested — is that handled in juvenile court?

In Georgia, generally no — as of now, 17-year-olds are charged as adults in the criminal system, and Juvenile Court delinquency jurisdiction stops at under 17. A 'Raise the Age' bill to change this has been debated but has not become law, so the adult rule still applies. That surprises many parents. For free information on what your child is facing and the next step, call 1-844-690-0555, 24/7.

Is this a free lawyer? What exactly do I get on the call?

The call is free legal information — not legal advice — and it creates no attorney-client relationship. Legal Hotline is not a law firm and not a public defender. You get a 24/7 AI assistant trained on Georgia and federal law to explain your charge, bond, and options in plain English, and if you want a lawyer we can help you book a paid consultation with a Georgia-licensed attorney. Call 1-844-690-0555 to start.

Will an arrest affect my immigration status?

It can, and that's a separate, federal question. A Georgia arrest or plea is handled in state court, but immigration consequences — detention, removal, bars to relief — are decided under federal law by USCIS and the immigration courts (EOIR), not by the Georgia judge. Even a plea that looks minor under state law (including some First Offender pleas) can count as a conviction for federal immigration purposes. Before you accept any plea, call 1-844-690-0555 for free information, and get a lawyer who understands both sides.

Are you a Georgia criminal defense attorney? Join our network

We connect frightened, motivated Georgia clients — facing arrest, bond, and felony and misdemeanor charges across Superior, State, and Magistrate Courts — with vetted local defense counsel. If you're licensed in Georgia and want qualified consultation referrals, we'd like to hear from you. This is a separate path from the client line above and never competes with it. Reach out to ask about joining the network.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested in Georgia? The First 48 Hours Decide a Lot — Here's What to Do Right Now