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Theft By Taking in Fulton County
/in Blog /by W. Scott SmithTheft by taking occurs when an individual unlawfully takes property belonging to another person with the intent to deprive the owner of that property. Under O.C.G.A. § 16-8-2, theft by taking is established when a person unlawfully takes or exercises control over the property of another with the requisite intent to deprive the owner of […]
PUBLIC INDECENCY
/in Blog /by W. Scott SmithUnder Georgia law, public indecency is governed by O.C.G.A. § 16-6-8 rather than a traditional “indecent exposure” statute. To secure a conviction, the prosecution must establish two fundamental elements beyond a reasonable doubt: that the accused committed one of four specific prohibited acts, and that the act occurred in a “public place.” The statute explicitly […]
The Right to Representation
/in Blog /by W. Scott SmithThe constitutional right to legal representation is one of the most important protections afforded to a person accused of a crime in the United States. In the adversarial system of justice, the government possesses extraordinary power. It has trained prosecutors, law enforcement agencies, investigators, forensic resources, not to mention the authority to arrest, prosecute, imprison, […]
How Criminal Defense Lawyers Protect Their iPhones from Forensic Extraction
/in Blog /by W. Scott SmithAs a criminal defense attorney in Atlanta, I regularly see cases where smartphone data becomes a focal point of an investigation. Clients ask how to keep personal information on an iPhone private against tools such as Cellebrite that law enforcement uses for forensic extraction, or against access through iCloud backups. The purpose of these steps […]
Shoplifting in Georgia: What to Know If You’ve Been Charged
/in Blog /by W. Scott SmithBeing accused of shoplifting can be stressful and confusing. Whether the allegation involves a small item from a retail store or a more serious accusation involving significant property, a shoplifting charge can have consequences that extend beyond the immediate situation. If you have been charged with shoplifting in Georgia, understanding the allegations against you and […]