CRIMINAL DEFENSE

This firm represents individuals in felony and misdemeanor charges throughout the state of Georgia.  All cases are thoroughly researched and investigated prior to trial.

 

Post Conviction Relief for Immigration Purposes

This firm represents non-citizens with criminal convictions in state courts that have a negative impact on their immigration status.  Whether a person is an undocumented alien without status or a lawful permanent resident this office can provide them with an assessment of what effect a conviction will have on their ability to stay in the US and what options they have to address it in order to avoid removal.

 

Motion to Correct Criminal Sentence

The standard plea and sentencing document in Georgia incorporates the word “confinement” into all sentences even if probated or suspended.  Defendents who enter guilty pleas to a "crime of violence" or "theft crime" have a high probability of being classified as a aggravated felon for immigration purposes under federal law despite whether their sentence was suspended or probated.  In these instances many times a motion to correct will prevent their removal form the US.  This office regularly represents non-citizens in these matters.    

 

Petition for Writ of Habeas Corpus

If a non-citizen enters a guilty plea without knowing the immigration consequences they may be entitled to withdraw their guilty plea.  It is important to understand that once a person withdraws their plea the criminal charges are reinstated and the state can go forward with their prosecution.  In these instances many times this firm is able to have the charges dismissed or amended to an offense that will not result in negative immigration consequences.

 

Georgia statute provides that a person convicted of a felony has four years from the date they entered their guilty plea to challenge it by way of a Petition for Writ of Habeas Corpus and one year in the case of a misdemeanor. There are arguments for tolling the statute of limitations but it is important to understand that the statute of limitations is a significant obstacle to a successful petition.

 

Application for Pardons

In some limited circumstances a pardon granted by the Georgia Board of Pardons and Paroles will eliminate negative immigration consequences resulting from a criminal conviction.  The Board has been reasonable in its adjudication of well supplemented applications for pardons but it can take several months for a decision. 

 

DUI- Traffic

The law Office of Justin W. Chaney understands the importance of driving records for holders of CDLs and young drivers for purposes of maintaining affordable insurance rates and retention of driving privileges. This office enters pleas in the defendant’s absence when allowed by the jurisdiction for out of state drivers.

 

NOTE: If arrested for DUI in order to protect your driving privileges submit the attached letter requesting a hearing within 10 days of your arrest.  10 day letter