Frequently Asked Questions

Federal charges involve violations of U.S. laws and are prosecuted by federal agencies like the FBI or DEA, often carrying mandatory minimum sentences and federal sentencing guidelines. State charges are prosecuted under Georgia law in state courts and typically involve crimes committed within state boundaries. At Owens Criminal Defense, Attorney Bryan Owens handles both state and federal cases throughout Georgia.

A thorough defense investigation involves reviewing all discovery materials, interviewing witnesses independently, photographing crime scenes, analyzing digital and cell phone records, and retrieving surveillance footage. Private investigators often uncover evidence and contradictions the prosecution overlooks. At Owens Criminal Defense, we use seasoned investigators to challenge the government's narrative with facts.

You should contact a criminal defense attorney immediately after arrest or as soon as you learn you're under investigation. Early representation allows your attorney to preserve evidence, interview witnesses while memories are fresh, and challenge unlawful searches or procedural errors. Time-sensitive decisions can significantly impact your case outcome.

During a probation violation hearing, the prosecutor presents evidence that you violated probation terms, either through new charges or technical violations like missed meetings. The burden of proof is lower than at trial, and judges can revoke probation and impose the original suspended sentence. At Owens Criminal Defense, we defend clients at violation hearings and work to avoid revocation.

Yes, charges can be dismissed if evidence was obtained unlawfully, witnesses are unreliable, procedural errors occurred, or the prosecution lacks sufficient proof. Attorneys file motions to suppress evidence, challenge probable cause, and expose weaknesses in the government's case. Dismissals depend on the facts and legal strategy applied early in the defense process.

Grade A violations involve conduct punishable by more than one year, such as new felony charges. Grade B violations include crimes punishable by less than one year or certain technical violations like drug use. Grade C covers minor technical violations. Each grade carries different sentencing ranges under federal guidelines, and Attorney Bryan Owens defends clients facing all violation grades.

Federal sentencing guidelines calculate a recommended sentence range based on offense level and criminal history points. Judges must consider these guidelines but can depart upward or downward based on specific case factors. Sentencing enhancements, such as weapon use or leadership roles, can significantly increase penalties. An experienced federal defense attorney can argue for departures and mitigating factors.

The biggest mistake is speaking to police or investigators without an attorney present. Any statement you make can be used against you, even if you believe you're clarifying or cooperating. Law enforcement is trained to gather evidence for prosecution, not to help you. Always exercise your right to remain silent and request legal representation immediately.

No, police generally need a warrant to search your cell phone. The U.S. Supreme Court ruled that phones contain vast personal information and are protected by the Fourth Amendment. However, exceptions exist if you consent or in exigent circumstances. At Owens Criminal Defense, we file motions to suppress evidence obtained through unlawful searches of digital devices.

Wire fraud is a federal offense involving electronic communications like emails, phone calls, or online transactions used to commit fraud or financial deception. It carries steeper penalties than many state fraud charges and often involves multi-jurisdictional investigations. Evidence in wire fraud cases is complex, including electronic records and financial data. At Owens Criminal Defense, we analyze digital evidence and challenge the government's interpretation.

Bring any arrest documents, bond paperwork, charging documents, police reports, witness names, and a timeline of events. If you have correspondence from law enforcement or court dates, include those as well. The more information you provide, the better your attorney can evaluate your case. At Owens Criminal Defense, initial consultations are free and confidential.

Yes, having an attorney during an investigation is critical. Investigators may contact you for interviews or seek voluntary statements to build a case against you. An attorney can communicate on your behalf, prevent self-incrimination, and protect your rights before charges are filed. Early legal representation can sometimes prevent charges altogether or reduce their severity.