The First Amendment of the United States Constitution guarantees the right to assemble peacefully, a fundamental freedom that allows individuals to associate with whomever they choose. However, in Georgia, the broad application of the Street Gang Terrorism and Prevention Act (O.C.G.A. § 16-15-4) has raised serious concerns about the criminalization of lawful association when the […]
In Hall County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that […]
The Cobb County Diversion program is a program offered in Cobb County to offer an alternative to the traditional prosecution process. The Cobb County diversion program’s purpose is to deter future criminal behavior, monitor offenders from arrest through final case disposition, minimize loss to victims through payment of restitution by offenders, and to reduce the […]
At W. Scott Smith P.C., we understand the immense stress and challenges faced by individuals charged with drug-related offenses or victims of property forfeiture. In Georgia, these cases often hinge on complex legal interpretations, and the state must meet stringent burdens of proof to justify its actions. A recent victory in the Patel v. State […]
When people hear the terms “jail” and “prison,” they often use them interchangeably. However, these two institutions serve distinct functions within the criminal justice system. Understanding the differences between jail and prison is crucial, especially for those facing criminal charges or advocating for reform. Furthermore, the increasing privatization of both jails and prisons has raised […]
Sandy Springs, Georgia is home to the City of Sandy Springs Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Sandy Springs Police Department. Sandy Springs Municipal Court is located at 7840 Roswell Rd suite 501, Sandy Springs, GA 30328. One of the most common cases we see […]
Welcome back to our legal blog, where we break down the latest decisions from the Georgia Court of Appeals. This week, we explore a series of rulings that cover a wide range of legal issues, from sentencing disputes to evidentiary challenges. Let’s dive into the details. Muniz v. The State (A24A1562) Key Issues: Exclusion of […]
If you or a loved one have been arrested in Dekalb County, Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means. O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to […]
Interacting with police officers can be a stressful and unsettling experience. Many individuals, both in Clayton County and across the country, often feel confused when questioned by police. This uncertainty arises from a lack of knowledge about your personal rights during encounters with law enforcement. Citizens are protected by the Fourth Amendment against unlawful searches […]
Child Molestation is a serious crime in the State of Georgia. If you are arrested in Douglas County for child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Douglas County District Attorney’s Office has […]
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