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When 911 Calls and Body Cam Statements Can Be Admitted Without the Witness: Lessons from U.S. v. Holley
/in Blog /by W. Scott SmithIn 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 […]
Prior False Allegations Are Admissible in a Sex Offense Case
/in Blog /by W. Scott SmithYou 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 in Gwinnett Recorder’s Court (FTA)
/in Blog /by W. Scott SmithFailure 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 […]
Shoplifting Charges in Cobb County
/in Blog /by W. Scott SmithIn 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 […]
Obstruction in Georgia
/in Blog /by W. Scott SmithWhen 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 […]