Archive for category: Blog

Being charged with Disorderly Conduct in Dekalb County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases.

Under Georgia law (OCGA 16-11-39), disorderly conduct includes:

• Acting violently or aggressively toward someone, causing them to fear for their safety or their property
• Using “fighting words” that are so abusive they could spark immediate violence
• Using obscene, vulgar, or profane language without provocation toward a child under 14, in person or over the phone

If you’re accused of any of these actions, having a skilled attorney is important. A lawyer may find strong defenses, such as:

• The State cannot prove every element of the charge.
• The alleged victim has credibility issues.
• The evidence against you is weak.

As trial lawyers, we love taking cases to trial when it’s in our clients’ best interests. But trial isn’t the only way to resolve a disorderly conduct case. There are often several strong options that can still lead to great outcomes, including getting the charges dismissed. Many clients qualify for pretrial diversion programs, which can result in a complete dismissal once requirements are met. We also frequently negotiate with prosecutors to reduce charges to something less serious, such as reckless conduct. Our job is to find the path that achieves the best possible result for you.

If you’re facing a disorderly conduct charge in Fulton County, we offer free consultations. Call us at 404-581-0999 to speak with an experienced attorney about your case.

 

At W. Scott Smith P.C., we specialize in criminal defense and understand how overwhelming an arrest can be. Whether it’s a minor offense or something more serious, knowing what to expect can help ease the stress for you or your loved one. In this post, we’ll break down the initial steps following an arrest in Georgia, focusing on bond procedures for misdemeanors and felonies. Our goal is to provide clear, straightforward information based on how the system typically works in the metro Atlanta area.

 

The Immediate Aftermath of an Arrest

When someone is arrested, they’re typically taken to a local jail for booking. This involves fingerprinting, photographing, and entering details into the system. From there, the focus shifts to securing release through bail or bond while awaiting further court proceedings. The type of charge determines the bond process:

Minor Misdemeanors: These often have preset bonds, meaning you can post bail quickly without seeing a judge. Examples include simple traffic violations or disorderly conduct. Preset bonds allow for faster release, sometimes within hours.

Certain Misdemeanors, Such as Domestic Violence: These require an appearance before a magistrate judge. The judge reviews the case to set special conditions, like no contact with the victim, to ensure safety. This step adds time but is crucial for addressing potential risks.

All Felonies: You must appear before a magistrate judge for a first appearance hearing. The judge will determine if bond is appropriate and set the amount. Some serious felonies may require approval from a superior court judge, which can extend the process.

 

The full list offenses you must go in front of a Superior Court Judge or a Judge sitting as a Superior Court Judge by designation includes:

• Treason
• Murder
• Rape
• Aggravated sodomy
• Armed robbery
• Home invasion in the first degree
• Aircraft hijacking and hijacking a motor vehicle in the first degree
• Aggravated child molestation
• Aggravated sexual battery
• Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II
• Violating Code Section 16-13-31 or Code Section 16-13-31.1 (e.g., trafficking in cocaine, illegal drugs, marijuana, or methamphetamine)
• Kidnapping, arson, aggravated assault, or burglary in any degree, if the person at the time of the alleged offense had previously been convicted of, was on probation or parole for, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed above
• Arson of a law enforcement vehicle under Code Section 16-7-60.1
• Aggravated stalking
• Violating Code Section 16-5-46 (trafficking of persons for labor servitude or sexual servitude)
• Violations of Chapter 15 of Title 16 (the Georgia Street Gang Terrorism and Prevention Act)

Georgia law mandates that authorities bring an arrested person before a first appearance judge within specific timeframes: 48 hours if arrested without a warrant, or 72 hours with a warrant. This “first appearance” is where bond is often addressed.

How to Check for a Preset Bond

If you’re unsure whether a bond is preset, start by contacting the magistrate criminal court in the county where the arrest occurred. They can provide details on bond status and amounts. Alternatively, you can call the jail directly, as the sheriff’s office bonding division handles release procedures.

To make this easier, we’ve compiled contact information for the magistrate court criminal divisions and sheriff’s office bonding divisions across metro Atlanta counties (Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale). Use these numbers to get the most up-to-date information.

Magistrate Court Criminal Division Phone Numbers

County        Phone Number

Cherokee     678-493-6431

Clayton      770-477-3444

Cobb         770-528-8917

DeKalb       404-294-2150

Douglas      770-920-7540

Fayette      770-716-4230

Forsyth      770-781-2211

Fulton       404-613-5360

Gwinnett     770-619-6720

Henry        770-288-7700

Rockdale     770-278-7800

 

Sheriff’s Office Bonding Division Phone Numbers

County        Phone Number

Cherokee     678-493-4200

Clayton      770-477-4400

Cobb         770-499-4255

DeKalb       404-298-8195

Douglas      770-942-2121

Fayette      770-716-4720

Forsyth      770-781-2222

Fulton       404-612-5131

Gwinnett     770-619-6500

Henry        770-288-7100

Rockdale     770-278-8204

 

Next Steps and Tips

Once bond is posted—via cash, property, or a bondsman—the person is released with conditions to follow, such as attending all court dates. Failing to appear can result in bond forfeiture and additional charges. If the case involves special conditions (e.g., no victim contact), violating them could lead to rearrest.

Remember, every case is unique, and timelines can vary based on the county, charge severity, and jail backlog. If you’re facing difficulties with the bond process, such as denials or high amounts, professional legal help is essential to argue for reasonable terms.

If you’re dealing with an arrest and need assistance navigating the system, don’t hesitate to reach out to our team at W. Scott Smith PC. We’re here to help 24/7—call us at 404-581-0999 or visit www.peachstatelawyer.com for more information.

 

If you missed court in the Municipal Court of Atlanta, you are likely in FTA status. This means that you failed to appear for your court date, and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until you are pulled over and an officer tells you that your license is suspended.

The first step to lifting the FTA is to visit the clerk’s office and request a new court date. If you hire our office, we can complete this step on your behalf and have you scheduled for a new court date. At the new court date, we will address the underlying traffic charge. This could mean just paying a fine, but it may also require an in-court appearance. An experienced lawyer can help you navigate the process quickly and effectively and get you on the road to reinstating your license.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to move forward, resolve the FTA, and have your driver’s license reinstated.

As a criminal defense attorney practicing in Georgia, one of the most serious and emotionally charged charges I see is home invasion. This crime strikes at the heart of what people value most: their safety and sanctuary. When someone is accused of home invasion, the stakes are high—not just legally, but personally. Below, I’ll unpack what Georgia law says about home invasion, what the prosecution must prove, and how a defense lawyer like me approaches these cases.

Under Georgia law, home invasion is codified in O.C.G.A. § 16-7-5. There are two degrees of home invasion: first degree and second degree.

Here is a breakdown:

1. First-Degree Home Invasion
   • The defendant must enter someone’s dwelling without authority.
   • At the time of entry, someone else must be authorized to be present (i.e., the house is occupied).
   • The defendant must have the intent to commit a forcible felony.
   • The defendant must be in possession of a deadly weapon or instrument that, if used offensively, is “likely to or actually does result in serious bodily injury.”
   • Penalties: conviction can lead to life imprisonment, plus a fine of up to $100,000.
2. Second-Degree Home Invasion
   • The requirements are similar: unauthorized entry into an occupied dwelling, plus possession of a deadly weapon.
   • But here, the intent is to commit a forcible misdemeanor, not a felony.
   • Penalties: 5–20 years in prison, and up to a $100,000 fine.
   • Importantly: Georgia law allows for probation in second-degree home invasion cases at the judge’s discretion.

From a defense perspective, each element of the statute is a potential battleground. Here’s why:

1. “Without Authority”
   • The prosecution must show that the defendant did not have permission to be inside the dwelling. Sometimes, what “without authority” means isn’t crystal clear: were they actually trespassing, or did the occupant implicitly or mistakenly give permission?
   • As your defense counsel, I would scrutinize how the State proves lack of permission: witness testimony, surveillance, forensic evidence, or even inconsistencies in the prosecution’s narrative.
2. “Intent to Commit a Forcible Offense”
   • This is specific intent: it’s not just about entering; it’s about entering with a criminal purpose.
   • A big challenge for the State: they usually don’t have a direct confession of “I came here to commit X crime.” Instead, they rely on circumstantial evidence (like possession of tools, the way someone entered, statements, prior criminal history, etc.).
   • As a defense attorney, I look for ways to undermine that inference: maybe the tools were innocently carried, maybe the “weapon” wasn’t really capable of serious bodily injury, or maybe the client had a non-criminal reason for being there.
3. “Possession of a Deadly Weapon or Instrument”
   • The statute requires that at the time of entry the person is in possession of a weapon or instrument likely to cause serious bodily harm.
   • Defense sometimes challenges whether what the State calls a “deadly weapon” really qualifies under the law, or whether the timing of “possession” aligns with the entry.
4. Proof of Occupancy
   • The dwelling must have someone authorized “with authority to be present” inside.
   • The State must establish not just that a building was a dwelling, but that it was occupied at the time. That can be contested—especially if the resident’s testimony or forensic evidence (fingerprints, footprints) is murky.

As you can see, there are viable defenses to a home invasion charge- you just need a zealous advocate to explore them. If you are charged with home invasion in Fulton County, call our office at 404-581-0999 for a free consultation.