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Your Lilburn Criminal Defense Attorney
Being arrested or charged in Lilburn brings a lot at once, worry about bond, about a court date, about what a conviction could mean, on top of everything else happening in your life right now. Georgia’s own statutes govern each of those questions, not assumptions carried over from another state. What actually happens at a first court appearance, how Georgia classifies a charge, and how the First Offender Act genuinely works are all covered in the sections below. None of these rules are unique to Lilburn; the same statutes apply statewide, though which court actually hears a case still depends on the county.
Bond, the 48-Hour Rule, and Georgia's 90-Day Clock
Georgia law (O.C.G.A. 17-4-62) requires a warrantless arrest to be followed by a first appearance before a judicial officer within 48 hours, release being the only alternative if that deadline is missed, and it’s at that hearing that bond conditions get set, denied, or waived. For 7 specific “dangerous offense” categories under O.C.G.A. 17-6-1(e), murder, rape, armed robbery, aggravated child molestation, aggravated sodomy, aggravated sexual battery, and kidnapping, only a Superior Court judge, not a magistrate, has authority to set bond.
Beyond that first appearance, O.C.G.A. 17-7-50 gives anyone held in custody and refused bail a real deadline on the state itself: if a grand jury hasn’t heard the charge within 90 days of confinement, the accused is entitled to have bail set on application to the court, a separate right from the 48-hour appearance above.
Georgia's Indigent Defense System
Georgia’s right to appointed counsel runs through the Georgia Public Defender Council and its circuit public defender offices, under O.C.G.A. Title 17, Chapter 12, a structurally different mechanism from a single magistrate-appointment statute in another state. Representation under this system isn’t limited to the trial itself, O.C.G.A. 17-12-23 requires it at every critical stage, meaning bond proceedings and early hearings are covered too, not only the final outcome.
Facing a criminal charge in Lilburn? Get matched with an attorney now.
What Actually Makes a Charge a Felony in Georgia
Under O.C.G.A. 16-1-3(4), the felony threshold in Georgia is simple to state even if the consequences aren’t: more than 12 months’ possible imprisonment, or a death or life sentence, makes it a felony. There’s no A-through-E category system here; each felony’s actual sentencing range is set by its own specific statute. Because the sentence range lives in each crime’s own statute rather than a shared category, knowing you’re facing a felony is only the first fact, not the whole picture, of what’s actually at stake.
How Long Georgia Has to Prosecute
O.C.G.A. 17-3-1 sets Georgia’s limitations periods by how serious the offense is: 2 years for a misdemeanor, 4 years for most felonies, 7 years for a crime punishable by death or life imprisonment other than murder itself, and 15 years for rape absent DNA identification. Murder alone has no limitations period at all; it can be charged at any time.
If an indictment gets quashed or the state enters a nolle prosequi (with the court’s consent, under O.C.G.A. 17-8-3) within the original limitations window, O.C.G.A. 17-3-3 gives the state 6 more months from that date to re-indict, even past when the original limitations period would otherwise have expired.
Anyone calculating a Georgia limitations period for conduct from around 2020 needs to account for one more thing: a 122-day tolling period from the statewide judicial emergency (March 14 to July 14, 2020) still gets excluded from that calculation, a real, still-relevant adjustment, not a historical footnote.
Georgia's First Offender Act: A Real Second Chance
For someone facing their first misdemeanor or felony charge, O.C.G.A. 42-8-60’s First Offender Act can mean pleading guilty or nolo contendere WITHOUT a formal conviction ever entering the record, as long as every sentencing requirement gets completed. It’s a real second chance, not a technicality, but it’s also not automatic, and it isn’t available for every charge.
It’s a one-time opportunity in a lifetime, available only before a judgment of guilt is entered, and O.C.G.A. 42-8-60(j) excludes it entirely for serious violent felonies (murder, armed robbery, kidnapping, rape, and several others defined in O.C.G.A. 17-10-6.1), sexual offenses, human trafficking, disabled adult or elder exploitation, DUI, and offenses involving child sexual exploitation material.
As of July 2026, this protection got meaningfully stronger: House Bill 162 now seals First Offender records at the moment of sentencing, not just after the program is completed, and blocks private background-check companies from accessing them during that pending period. Records stay visible to judges, prosecutors, defense attorneys, law enforcement, and firearm-license background checks, and can still be unsealed if probation or program requirements aren’t completed.
Where a Lilburn Criminal Case Actually Gets Heard
Every one of Georgia’s 159 counties has its own Superior Court, and Superior Court holds exclusive jurisdiction over felony trials statewide; it can also hear any misdemeanor. Gwinnett County’s Superior Court sits in the Gwinnett Judicial Circuit. A separate State Court, which exists in only 72 of Georgia’s 159 counties, typically handles the misdemeanor and traffic caseload where one is available, alongside Superior Court’s own concurrent jurisdiction over those same matters.
How Georgia Law Treats Different Kinds of Charges
The specifics of what happened matter here: Georgia treats several common categories of charge differently from a generic offense, each with its own statute beyond the general framework already covered.
A first DUI in Georgia (O.C.G.A. 40-6-391) is a misdemeanor: up to 12 months, a $300 to $1,000 fine, 40 hours of community service, a DUI Risk Reduction course, and license suspension up to 12 months, with early reinstatement possible after 120 days if that course is completed. What changes the picture is a fourth DUI within 10 years, which becomes a felony, 1 to 5 years and a fine up to $5,000.
O.C.G.A. 16-13-30 makes simple possession of a Schedule I or II drug (other than marijuana) a felony in Georgia no matter how small the amount or whether you intended to sell it; how severe the range actually is depends on the specific substance and quantity involved.
Under O.C.G.A. 16-8-12, whether a Georgia theft charge is a misdemeanor or felony comes down to value: $1,500 or less stays a misdemeanor, anything above that becomes a felony, and the court retains some discretion at the lowest felony tier to treat it as a misdemeanor instead.
O.C.G.A. 16-5-23.1 treats a first family violence battery as a misdemeanor (up to a year, up to $1,000, plus a required 24-week intervention program), but a second or subsequent offense, regardless of victim, is automatically elevated to a felony carrying 1 to 5 years.
If your charge is assault or battery without a family relationship involved, it’s governed by a different statute than the family violence framework covered elsewhere on this page, and the specific classification usually depends on weapon use and injury severity.
Lilburn and Gwinnett County
Like every Georgia city and town, Lilburn’s residents go through Gwinnett County’s own jail and court system, not a one-size-fits-all statewide process, from the moment of arrest through any later hearing.
Other Georgia cities nearby: our Dunwoody page, our coverage in Johns Creek.
Frequently Asked Questions
Who sets bond for the most serious Georgia charges?
For the 7 dangerous offense categories in O.C.G.A. 17-6-1(e) (murder, rape, armed robbery, aggravated child molestation, aggravated sodomy, aggravated sexual battery, kidnapping), a Superior Court judge sets bond, not a magistrate.
Is Georgia’s indigent defense system run county by county?
No, it’s organized by judicial circuit through the statewide Georgia Public Defender Council, not left to each individual county.
Does every felony in Georgia carry the same sentence range?
No, the sentence range comes from each individual crime’s own statute, so two felonies can carry very different exposure even though both cross the same 12-month threshold.
Is there a time limit on prosecuting murder in Georgia?
No, murder has no statute of limitations in Georgia and can be charged at any time.
Does Georgia’s First Offender Act apply to every first-time charge?
No, O.C.G.A. 42-8-60(j) excludes serious violent felonies, sexual offenses, human trafficking, DUI, disabled adult or elder exploitation, and child sexual exploitation material offenses.
What happens in a county with no State Court?
Superior Court handles both felony and misdemeanor prosecution, with Magistrate Court available for warrants, first appearances, and minor matters.
How soon after an arrest should I contact an attorney in Georgia?
As soon as possible. Georgia’s 48-hour and 90-day deadlines move fast, and earlier attorney involvement can affect what’s actually possible, including a First Offender plea.
Don't Wait to Get Started
Georgia’s own deadlines, 48 hours for a first appearance and 90 days for a speedy indictment, don’t leave much room to wait before decisions that shape the rest of the case start getting made. Reaching out now doesn’t obligate you to anything. A real attorney will hear out the situation and help you see what options, including a possible First Offender plea, are actually available.
