Defending Your Rights And Your Recovery

Attorney Kyle H. Jarzmik

Former Prosecutor, Current Criminal Defense Attorney Serving Atlanta

Last updated on November 21, 2025

Criminal charges and convictions take a toll on relationships, employment, finances, health and perhaps even your freedom. Whether you are guilty of the crime or not, you need to mount the strongest defense you can. Your very future may depend on it.

At Kyle H. Jarzmik Law, I have represented a long list of clients in Atlanta and throughout the state of Georgia. I use my experience as a former prosecutor to defend people charged with criminal offenses in Fulton County, DeKalb County and the surrounding areas. Whether you’ve been charged with a simple misdemeanor or a serious felony charge, I stand by ready to protect your rights.

Understanding Criminal Charges In Georgia

Georgia law classifies criminal offenses as either misdemeanors or felonies. The state determines the category by how severe the crime is, including the degree of injury, violence or financial loss involved. This is an overview of the two classifications:

  • Misdemeanor offenses: Misdemeanors are typically less severe crimes. They have a maximum of one year in jail. Common examples include:
    • Simple battery
    • First-time driving under the influence (DUI)
    • Petty theft
    • Certain minor drug possession charges

Penalties can include a fine up to $1,000, community service or a state diversion center. Certain misdemeanors may carry increased penalties, such as fines up to $5,000 and longer jail terms.

  • Felony offenses: Felonies represent more serious crimes with stiffer punishments. These can encompass:
    • Aggravated assault
    • Murder
    • Robbery
    • Rape and sexual assault
    • Kidnapping
    • Major drug trafficking offenses

Penalties for a felony conviction usually involve incarceration exceeding one year, fines, restitution, probation and community service. The most egregious charges, known as capital crimes, may receive the death penalty.

Explaining The Georgia Criminal Court Process

The journey through the Georgia criminal justice system after an arrest involves several stages:

  1. Booking: Law enforcement records your information and allows you one phone call before holding you in custody.

  2. First appearance: You appear before a judge. The court ensures that you have legal representation, unless you opt to represent yourself.

  3. Preliminary hearing: The court assesses whether the prosecution has presented sufficient evidence to establish probable cause, justifying a prosecution.

  4. Indictment: The prosecution formally presents its case seeking a formal indictment (a written accusation).

  5. Arraignment: The judge reads the charges, and you enter a plea: not guilty, guilty or no contest.

Pleading not guilty initiates the formal trial process. During the discovery phase, your criminal defense lawyer and the prosecutor exchange evidence. Plea negotiations may also take place. If a trial proceeds, you have the right to a jury trial.

What Is The Georgia Appeals Process?

If a judge or jury convicts you, you have the right to challenge the verdict through the appellate court. The appeals process involves:

  • Motions to reconsider: Your defense files a motion requesting the trial court to review and potentially change its decision.

  • Notices of appeal: A formal document notifying the appropriate court of your intent to appeal.

  • Filing the record: Submitting the official transcript and evidence from the trial to the appellate court.

  • Filing the appellate brief: A written argument outlining the case facts, including any points of disagreement and detailing the legal errors that warrant overturning the conviction.

The appellate court reviews the briefs and records submitted before issuing a final ruling.

Put A Criminal Defense Attorney On Your Side

Hiring a criminal defense attorney is always wise, no matter what charges you face. Many people choose to work with a public defender because they are free. Remember that public defenders carry large caseloads and may not be able to give your case the attention it needs.

Your own personal criminal law attorney can devote the necessary time and attention to your case. As a former prosecuting attorney who now defends clients charged with crimes, I am fully committed to doing everything I can to help my clients pursue a successful outcome.

Request A Free Consultation With A Georgia Defense Lawyer

Reach out today to put an experienced criminal defense attorney on your side. Call me toll-free at 770-676-3565 or send me an email to schedule a free, confidential initial consultation.