FIRST OFFENDER

The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence. According to O.C.G.A. § […]

Understanding Georgia’s Recidivist Statute: What You Need to Know if You’re Facing Charges

At W. Scott Smith, P.C., we know that facing criminal charges is stressful and confusing—especially if you have prior convictions. One of the most important laws you should be aware of if you’re in this situation is Georgia’s recidivist statute. Understanding how this law works, and how it can impact your future, is crucial. We’re […]

The Anatomy of a Criminal Case in Cobb County Superior Court

When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are […]

Driving with a Suspended License in Fulton County, Georgia: What You Need to Know

If you’re caught driving with a suspended license in Fulton 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 […]

POSSESSION OF THC OIL

Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act. THE OFFENSE V.G.C.S.A. […]