What is it? First offender treatment allows you to enter a guilty plea, but it is not considered a conviction. If you successfully complete all the terms of the sentence, the case will be dismissed, and you will be exonerated as a matter of law. This means that you can honestly say that you have […]
You are accused with child molestation and your accuser has previously falsely accused another person of child molestation. 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 child molestation prosecution may bring up evidence that […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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