In Georgia, prior convictions can play a significant—and sometimes devastating—role in current or future criminal prosecutions. Many people assume that once they’ve served their sentence, the slate is wiped clean. Unfortunately, that’s not always the case. Georgia law allows prosecutors to use a person’s criminal history in a variety of ways, from influencing bail decisions […]
Retrograde extrapolation is a scientific method used to estimate a person’s blood alcohol concentration (BAC) at a prior point in time—often at the time of an alleged offense—based on a later BAC measurement. This technique becomes especially relevant in DUI cases where there’s a delay between the time a person was driving and when their […]
In Dekalb County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound. ______________________________________________________________________________________________________________________________________ Legal Penalties Under Georgia law, a first conviction for family violence battery is classified […]
Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Douglas County. Many allegations of aggravated child molestation are […]
In Fulton County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound. ____________________________________________________________________________________________________________________________________ Legal Penalties Under Georgia law, a first conviction for family violence battery is classified […]
If the police want to talk to you, your first instinct might be to cooperate and explain your side. But here’s the truth: you should never make a statement to the police without a lawyer present. Here’s why: Anything you say can be used against you. Even if you’re innocent, your words can be misunderstood, […]
The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence. According to O.C.G.A. § […]
At W. Scott Smith, P.C., we know that facing criminal charges is stressful and confusing—especially if you have prior convictions. One of the most important laws you should be aware of if you’re in this situation is Georgia’s recidivist statute. Understanding how this law works, and how it can impact your future, is crucial. We’re […]
When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are […]
If you’re caught driving with a suspended license in Fulton County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation. According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past […]
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