As a criminal defense attorney, one of the most common and dangerous misconceptions I encounter is the belief that innocent people should have no problem talking to the police. The idea is simple: “If you have nothing to hide, why not just explain yourself?” Unfortunately, this mindset has led countless individuals—many of them completely innocent—into […]
At W. Scott Smith, P.C., we understand that facing criminal charges can be overwhelming. Our experienced team is here to defend your rights, navigate complex legal issues, and provide the representation you need. Below, we’ve summarized several recent important Georgia Court of Appeals cases to illustrate the range of issues that can arise in criminal […]
Commercial drivers are vital to the economy and keep society moving. However, the Department of Driver Services holds them to a very high standard when it comes to operating safely. Certain offenses can suspend your commercial drivers license. These suspensions can range from a temporary 60-day suspension all the way up to a lifetime suspension. […]
If you are arrested for Sexual Battery, please do not make any statements to the police. You will be brought over to court the following day after your arrest and a Magistrate Court judge will consider bond. A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts […]
In Georgia, marijuana laws remain some of the strictest in the nation. Despite the growing trend of legalization in other states, possession, distribution, and cultivation of marijuana can still result in severe criminal penalties here. If you or a loved one has been charged with a marijuana-related offense, it is crucial to understand your rights […]
When a person is arrested for DUI, the arresting officer often wants to test the person’s blood to determine if they are under the influence of alcohol or any other drugs. This testing can happen if a person consents to the blood draw or, in the absence of consent, the officer may seek a warrant. […]
Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Clayton County and across the state of Georgia, often feel confused when questioned by police officers or when the police attempt to search their property or belongings. This uncertainty arises from a lack […]
In Cobb 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 […]
By W. Scott Smith, P.C. Contact us at 404-581-0999 for a free consultation. In recent years, there has been a growing trend of prosecutors attempting to use rap lyrics and music videos as evidence in criminal trials. While this may seem like a compelling strategy at first glance, courts across the country are increasingly recognizing […]
In the world of criminal defense, it’s not just about who did what—it’s about what can be proven. In fact, many cases hinge on the finer details, including the jury instructions that guide how a case should be considered. These instructions can have a significant impact on how a jury deliberates and, ultimately, how a […]
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