In Georgia, the penalties for being convicted of two DUIs within a 5-year period are automatically enhanced as required by Georgia law. The mandatory minimum sentence required is as follows: 12 months in custody- all but 72 hours of this may be probated $600 fine plus any surcharges 240 hours of community service A clinical […]
O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
In the world of criminal law, evidence can make or break a case. One of the most challenging aspects for defendants is dealing with out-of-court statements—like those captured in 911 calls or on police body cameras—that are introduced at trial even when the person who made the statement isn’t there to testify. This raises questions […]
You are accused with child molestation or rape and your accuser has previously falsely accused another person of these horrific crimes. Can you bring up these prior false accusations in your case? The answer is yes. The Georgia Supreme Court held in State v. Burns, that a defendant in a sexual-offense prosecution may bring up […]
Failure to Appear typically occurs when you have missed a court date in the Gwinnett Recorder’s Court. When a person receives an FTA status on their record that means that it is likely that the court issued either a: bench warrant, license suspension , or additional monetary penalties. An FTA becomes part of your criminal […]
In Cobb County, courts handle shoplifting cases in municipal, state, or superior court. Prosecutors may charge the offense under a city ordinance, as a misdemeanor, or as a felony in serious cases. What Is Theft by Shoplifting? Under O.C.G.A. § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend […]
When someone is charged with obstruction of a law enforcement officer in Georgia, the charge can sound straightforward—but the law behind it is more nuanced than most people realize. Georgia treats obstruction as either a misdemeanor or a felony, and the difference often turns on a single issue: violence. Understanding that distinction is critical, because […]
If you have been arrested, you might be shocked to learn that you can be charged with a serious felony even if you never touched a weapon, stole an item, or threw a punch. In Georgia, the law casts a wide net using a concept called “Party to a Crime.” I am Scott Smith, a […]
In Georgia, the process of bonding out of jail depends largely on the type of charge, the timing of the arrest, and whether the court or prosecutor is willing to act quickly. After a person is arrested and booked into jail, the first key event is the initial or “first appearance” hearing. This typically occurs […]
I’ve Been Arrested… You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. Rice Street is not a good place to be. What do I do? First, do […]
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