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My loved one has been arrested for a felony in Fulton County, what happens now?

Everyone arrested for a felony within Fulton County will be taken to the Fulton County Jail or Rice Street to be booked in. After someone is booked, they will be scheduled for First Appearance, typically the next day. The purpose of First Appearance is to inform you of the charges and set a bond. First […]

License Consequences for DUI Convictions in Gwinnett County, Georgia

By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive. If he/she was in actual physical control […]

Clayton County Sexual Battery

Georgia law makes it illegal to intentionally make physical contact with the intimate parts of the body of another without their consent under O.C.G.A. 16-6-22.1(b). It defines intimate parts as the genital area, but also inner thighs, buttocks, and breasts of a female.  Skin to skin contact is not required, and physical contact through clothing […]

Fourth Amendment Waiver

In Georgia, can a person on probation be illegally searched by law enforcement?  The answer is yes and no.  A probationer who has executed a Fourth Amendment waiver at the time of their plea may be subject to a warrantless search if there is reasonable suspicion of criminal activity or for the purpose of monitoring […]

Sexual Battery in Fulton County

If you are arrested for Sexual Battery in Fulton County, please do not make any statements to the police. You will be brought over to court the following morning after your arrest and a Fulton Magistrate Court judge will consider bond. A person commits the offense of sexual battery when he intentionally makes physical contact […]

License Consequences for DUI Convictions in Gwinnett County, Georgia

By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive. If he/she was in actual physical control […]

License Consequences for DUI Convictions in Dekalb County, Georgia

By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive. If he/she was in actual physical control […]

Why the Peach State Lawyers Should Represent You

The Law Office of W. Scott Smith, PC is a firm of devoted criminal defense attorneys with decades of combined experience whose professionalism, skill, and knowledge make them the perfect firm to zealously advocate for you. This team is not just made up of great attorneys and staff, but great people, too. Sherdia is our […]

Entrapment

Can an entrapment case in the State of Georgia be won?  Yes.  Does entrapment apply to snitches or government agents?  Yes.  A person is not guilty of a crime if the arrested person’s conduct is induced through entrapment by a government agent.  Entrapment exists when the idea of the committing the crime originated with a […]

Cobb County Sexual Battery

Georgia law makes it illegal to intentionally make physical contact with the intimate parts of the body of another without their consent under O.C.G.A. 16-6-22.1(b). It defines intimate parts as the genital area, but also inner thighs, buttocks, and breasts of a female.  Skin to skin contact is not required, and physical contact through clothing […]