At W. Scott Smith P.C., we specialize in criminal defense and understand how overwhelming an arrest can be. Whether it’s a minor offense or something more serious, knowing what to expect can help ease the stress for you or your loved one. In this post, we’ll break down the initial steps following an arrest in […]
If you’re caught driving with a suspended license in Clayton 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 […]
If you missed court in the Municipal Court of Atlanta, you are likely in FTA status. This means that you failed to appear for your court date, and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until […]
Being charged with Disorderly Conduct in Fulton County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases. Under Georgia law (OCGA 16-11-39), disorderly conduct includes: Acting violently or aggressively toward someone, […]
As a criminal defense attorney practicing in Georgia, one of the most serious and emotionally charged charges I see is home invasion. This crime strikes at the heart of what people value most: their safety and sanctuary. When someone is accused of home invasion, the stakes are high—not just legally, but personally. Below, I’ll unpack […]
If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Cobb County, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days […]
In Georgia, assault and battery are treated as crimes against the State rather than private disputes, which is why it is the government—not the victim—that brings criminal charges. When an incident occurs, the victim can report it and provide evidence, but only law enforcement and prosecutors have the legal authority to initiate criminal proceedings. Police […]
Burglary is a felony offense in Georgia, and facing such charges can have long-lasting consequences on your life. In DeKalb County and throughout Georgia, burglary is governed by the OCGA § 16-7-1, which defines the crime and outlines the penalties for conviction. In simple terms, burglary occurs when someone enters or remains in a building, […]
In Georgia, an indictment is a formal written charging document issued by a grand jury stating that there is probable cause to believe a person committed a felony. A grand jury consists of 16–23 citizens, and at least 12 must vote in favor of a “true bill” for the indictment to be approved. The proceedings […]
A recent Georgia Court of Appeals decision, Roundtree v. State (372 Ga. App. 518), now allows a portion of the mandatory minimum sentence for drug trafficking cases to be served on probation. Historically, cases that involved a conviction under O.C.G.A. § 16-13-31 required that the defendant be sentenced to a mandatory minimum amount of time […]
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