Possession is a term we see regularly in our judicial system. In the criminal defense world, it is often in conjunction with guns, drugs, and the like. Under Georgia law, “possession” is generally defined as having control, ownership, or the right to control an item, either directly or indirectly. Georgia recognizes two types of possession: […]
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 […]
A new bill introduced in Georgia’s statehouse aims to protect artistic expression in the courtroom, specifically targeting rap music and other forms of creative work. House Bill 237, introduced during the 2025-2026 legislative session, seeks to prevent rap lyrics—or any other artistic expression such as music, dance, performance art, poetry, literature, film, and visual art—from […]
As of July 1, 2025: Georgia has passed Senate Bill 79—also called the Fentanyl Eradication and Removal Act (FEAR Act)—which takes effect on that date and applies to offenses committed thereafter. What Changed? Fentanyl Gets Its Own Legal Category: Previously lumped in with other opiates, fentanyl and its analogs now have separate legal statutes. That […]
By W. Scott Smith, P.C. – Criminal Defense Attorneys If you or someone you love has ever faced criminal charges, you’ve probably found yourself asking, “Are prosecutors good people?” As criminal defense attorneys, we hear this question often, and we understand where it comes from. When you or a family member is being prosecuted—especially if […]
If you or a loved one have been arrested in Cobb 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 […]
If you’re caught driving with a suspended license in Cherokee 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 or a loved one is arrested for child molestation in Georgia, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence. Do not think that just because you are innocent that the charges will be dismissed. Child molestation […]
Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Fulton County and across the country, often feel confused when questioned by police officers or when the police attempt to search their property or belongings. Citizens are protected by the Fourth Amendment against […]
In Georgia, a conspiracy charge basically means that two or more people agreed to commit a crime, and at least one of them did something to move that plan forward—even just a small step. So, imagine you and a friend are talking about robbing a store. If you both agree to do it, and then […]
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