Disorderly Conduct in Fulton County, Georgia

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Being charged with Disorderly Conduct in Fulton 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.

 

Home Invasion in Fulton County

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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.

 

Super Speeder in Dekalb County, GA

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If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Cobb County, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days from the conviction date to make the payment. Otherwise, DDS will suspend your license.

However, if you or someone you know faces a super speeder ticket, it’s a good idea to consult a lawyer. Legal help can often lead to a better outcome. Therefore, contact the Law Office of Scott Smith at 404-581-0999 for a free consultation.

I Got in a Fight. Who is Pressing Charges?

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In Georgia, assault and battery are treated as crimes against the State rather than private disputes, which is why it is the government—not the victim—that brings criminal charges. When an incident occurs, the victim can report it and provide evidence, but only law enforcement and prosecutors have the legal authority to initiate criminal proceedings. Police officers investigate the situation, determine whether probable cause exists, and may make an arrest or submit a warrant application. After that, the case is forwarded to the District Attorney or Solicitor-General, who reviews the evidence and decides whether to file charges, what charges to file, and whether the case will move forward. Even if a victim later decides they no longer want the case to proceed, they cannot “drop” criminal charges because the decision belongs exclusively to the prosecutor. This system reflects the principle that crimes disrupt public order and are therefore enforced on behalf of the State of Georgia. Victims still have rights—such as being notified of case developments and providing input under Georgia’s Crime Victims’ Bill of Rights—but they do not control the prosecution or determine whether charges are filed or dismissed.

Here is an example:

Sam and Jordan get into an argument outside a restaurant in Fulton County. During the confrontation, Jordan shoves Sam hard enough to knock him backward. Sam calls 911, and officers from the Atlanta Police Department arrive. After speaking with both parties and a witness who saw the shove, the officers determine that there is probable cause to believe Jordan committed simple battery under Georgia law. The officers arrest Jordan and file an incident report.

The next day, the case is forwarded to the Solicitor-General’s Office, which handles misdemeanor prosecutions. A prosecutor reviews the police report and the witness statements and decides to formally charge Jordan with simple battery. Sam is notified of the case status, but he does not decide what charges are filed. A week later, Sam contacts the prosecutor and says he doesn’t want Jordan to “get in trouble.” The prosecutor explains that although Sam’s wishes will be considered, the State—not Sam—controls the case, and the charge will move forward because the evidence is sufficient and the conduct meets the definition of a criminal offense. The case proceeds as State of Georgia v. Jordan, illustrating how criminal charges belong to the State regardless of the victim’s preferences.

 

If you find yourself in this situation it is imperative to speak with one of our experienced attorneys TODAY. (404)581-0999

 

Burglary Charges in DeKalb County: A Guide from an Atlanta Criminal Defense Attorney

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Burglary is a felony offense in Georgia, and facing such charges can have long-lasting consequences on your life. In DeKalb County and throughout Georgia, burglary is governed by the OCGA § 16-7-1, which defines the crime and outlines the penalties for conviction.

In simple terms, burglary occurs when someone enters or remains in a building, vehicle, or other structure with the intent to commit a crime, such as theft, inside. Whether the structure is residential or commercial, the intent is key to the charge. Burglary is not limited to breaking into homes—it also includes entry into places like businesses or vehicles.

Under Georgia law, there are different degrees of burglary:

  • First-degree burglary involves entering an occupied dwelling (home) with the intent to commit a felony. This is the most serious form, with penalties including up to 20 years in prison on a first conviction. This is also known as residential burglary, and can include vehicles, railroad cars, and other structures if their structure is designed to be used as a dwelling (home of another).
  • Second-degree burglary applies when someone enters a non-residential structure or vehicle with the intent to commit a theft. Penalties can include up to 5 years in prison on a first conviction, and up to 8 years in prison on a second conviction.

Under Georgia law, burglary sentences, although lengthy, can be probated or suspended unless it is a fourth or subsequent conviction. In that situation, the prison time is required on a conviction.

The first step following an arrest will be the First Appearance hearing, which is where Bond will be addressed, and the person notified of the charges they are facing.

If you are facing charges, it’s crucial to have a skilled criminal defense attorney on your side. A knowledgeable lawyer can investigate the case, examine the evidence, and develop a strategy to challenge the allegations or minimize penalties. There are numerous defenses to burglary including whether the State can prove beyond a reasonable doubt intent to commit a felony or a theft inside.

If you or someone you know is charged with burglary in DeKalb County, contact the lawyers at W. Scott Smith to ensure your rights are protected and you receive the best possible defense. We offer FREE CONSULTATIONS at 404-581-0999.

Understanding the Indictment Process in Georgia

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In Georgia, an indictment is a formal written charging document issued by a grand jury stating that there is probable cause to believe a person committed a felony. A grand jury consists of 16–23 citizens, and at least 12 must vote in favor of a “true bill” for the indictment to be approved. The proceedings are confidential, and neither the defendant nor defense counsel is present. Once the grand jury approves the charges, the signed indictment is filed with the Superior Court and becomes the official set of charges the defendant must answer.

The grand jury process itself is fairly structured but varies slightly by county. After receiving the case file, the prosecutor typically spends up to six weeks preparing evidence and witnesses for presentation. Grand juries usually meet monthly. When the case is called, the prosecutor usually presents a brief summary—often with testimony from a single investigator—and the grand jury votes in private immediately afterward. If they return a true bill, the indictment is filed the same day or within a few days.

From a timing standpoint, most felony cases in Georgia move from arrest to indictment in roughly three to six months. After the case is indicted, it is then transferred to the superior court of that county.

If you’ve been charged with a felony, call our office to speak with one of our experienced attorneys at (404)581-0999.

 

Changes to the Mandatory Minimum Sentences for Drug Trafficking Cases in Clayton County

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A recent Georgia Court of Appeals decision, Roundtree v. State (372 Ga. App. 518), now allows a portion of the mandatory minimum sentence for drug trafficking cases to be served on probation.

Historically, cases that involved a conviction under O.C.G.A. § 16-13-31 required that the defendant be sentenced to a mandatory minimum amount of time to be served in confinement. The amount of time depends on the weight of the drugs. In an exciting ruling by the Court of Appeals, the sentencing court may now use their discretion to allow some or all of that mandatory minimum to be served on probation.

By way of example, in the past a person convicted of trafficking 400 grams or more of cocaine would be sentenced to a mandatory minimum of 25 years in prison. Now, a court could allow a portion (or all!) of that 25-year sentence to be served on probation.

As you can see, having a lawyer that can zealously advocate for a probated sentence in a serious case like this could prevent you from serving many years in prison. The lawyers at the office W. Scott Smith are experienced in fighting for our clients. If you face drug trafficking charges in Clayton County, call us today for a free consultation.

Zero-Point Order in Henry State Court

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In Georgia, getting a speeding ticket or any other moving violation can add points to your driving record. As a result, these points can raise your insurance rates, put your license at risk of suspension, and create long-term problems.

Fortunately, a Zero-Point Order is a special option under Georgia law that allows a judge to ensure no points are added to your license—as long as you meet certain requirements. You will still have the violation on your record, and you will still need to pay a fine (sometimes a slightly reduced one). However, you avoid the points that could harm your driving record and increase your insurance costs.

Here’s why you might want to request a Zero-Point Order:

  • You take a state-approved defensive driving course.
  • You bring the course certificate to court.
  • The judge agrees to issue the Zero-Point Order.
  • Ultimately, you pay the fine (often reduced by about 20%), receive zero points, keep your record clean, and reduce the likelihood of an insurance increase.

If you received a speeding ticket in Henry County State Court, and you want to protect your license while keeping your insurance costs down, a Zero-Point Order is definitely worth considering. Keep in mind, it isn’t automatic—you must take the course, appear in court, and obtain the judge’s approval—but it often pays off.

For guidance, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.

Facing a Gang Charge in Georgia? Don’t Fight Alone—Call Scott Smith Today

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If you or a loved one has just been charged with a gang count under Georgia law, the stakes couldn’t be higher. What starts as a routine arrest can spiral into years—or even decades—behind bars, massive fines, and a permanent criminal record that follows you everywhere. But here’s the truth the prosecution won’t tell you: a gang allegation does not equal a gang conviction.

I’m W. Scott Smith, founder of W. Scott Smith PC, and for over two decades I’ve stood between Georgia citizens and overzealous gang-enhancement charges. I’ve dismantled “gang expert” testimony, exposed weak street-gang definitions, and won not-guilty verdicts and outright dismissals in cases that prosecutors swore were airtight.

The Iron Pyramid: Unpacking the Four Elements of Gang Cases and the Critical Role of Nexus

In the complex landscape of criminal law, particularly concerning gang-related charges, understanding the foundational elements is paramount. For years, legal professionals and law enforcement have often referred to the “Iron Triangle” when discussing the components of a criminal street gang case. However, this traditional view—suggesting only three elements—is increasingly recognized as misleading and outdated. A more accurate and legally sound framework, which we at W. Scott Smith PC refer to as the “Iron Pyramid,” highlights a crucial fourth element: nexus.

Beyond the “Iron Triangle”: Introducing the “Iron Pyramid”

The “Iron Triangle” typically describes three elements prosecutors might present in a gang case. But as Georgia courts have repeatedly clarified, this model is incomplete. The reality is that four essential elements must be proven for an act to be considered criminal street gang activity under O.C.G.A. § 16-15-4. This is why we advocate for the Iron Pyramid—a model that accurately represents these four sides, or elements, of a gang case.

The Crucial Fourth Element: Nexus

What exactly is this critical fourth element? It’s the nexus—the direct link between the alleged criminal act and the furtherance of the criminal street gang’s interests.

Without proving this nexus, an act—even if committed by a known gang member—may not qualify as a gang-motivated crime under the law.

Consider the distinction:

  • Gang-Related: An act is “gang-related” if it simply involves a gang member. Example: A domestic dispute between a gang member and their spouse is gang-related because a gang member is involved.
  • Gang-Motivated: An act becomes “gang-motivated” only when there is a clear nexus demonstrating it was done to further the interests of the gang.

This distinction is vital.

As one expert noted, if a gang member acts in self-defense, protecting their home, that act is gang-related but not gang-motivated, because it doesn’t further the gang’s interests. Similarly, bragging about a shooting might establish nexus, but simply wearing certain chains or attending a concert, while involving a gang member, doesn’t automatically prove gang motivation without that critical link.

Why Nexus Matters for Your Defense

The challenge for prosecutors often lies in proving this nexus. It can be subjective, and physical evidence directly linking an act to gang furtherance is frequently scarce.

Prosecutors might attempt to gloss over this component, or explain it in general terms like “money, power, respect,” without concrete evidence.

But recent Georgia case law—including Rodriguez, Kelly, and Alexander—has reinforced the necessity of demonstrating a clear nexus between the crime and the gang. It’s not enough to simply show that an offense occurred; the prosecution must draw a direct line between the crime and the gang’s objectives.

Don’t Let the State Build a Pyramid on Sand

At W. Scott Smith PC, we’ve spent over 20 years dismantling weak gang cases by attacking the nexus. We’ve cross-examined “gang experts,” challenged vague social media posts, and forced prosecutors to prove more than mere association.

A robust defense strategy must scrutinize the prosecution’s evidence for nexus, challenging any attempt to conflate “gang-related” with “gang-motivated” without sufficient proof.

The difference between a “gang-related” and a “gang-motivated” act—hinged on the presence or absence of nexus—can significantly impact the outcome of a case. It can mean the difference between a life sentence and a dismissal.

Charged with a Gang Count in Georgia? Call Scott Smith Now.

If you or someone you know is facing gang-related charges, don’t wait. The state is already building its case—and time is not on your side.

Call W. Scott Smith PC 24/7 at 404-581-0999. We have someone answering the phone all day, every day—even on weekends and holidays.

I’m Scott Smith, and I’ve won cases the state swore were unwinnable. Let me fight for you.

404-581-0999 – Your first call could be your last court appearance.

Geofence Warrants and Your Privacy Rights in Douglas County

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Imagine waking up one morning to discover that law enforcement knows exactly where you were on a given night, not because they obtained a warrant for your specific phone, but because they swept up location data from every device in a particular area at a particular time. This is not science fiction; it is the reality of geofence warrants issued in Douglas County, an increasingly common investigative tool that raises profound questions about privacy, technology, and the Fourth Amendment.

A geofence warrant is a court order that requires technology companies—most often Google—to sift through historical location data from all devices within a defined geographic boundary (the “geofence”) during a specified time period. Rather than naming a suspect or a particular device, Douglas County prosecutors describe the boundaries of a crime scene or other relevant area on a map and ask for the location “pings” of every smartphone, tablet, or wearable that was present there. The intent is to identify potential suspects whose devices moved into the geofenced area at the relevant time.

On their face, geofence warrants appear to be a powerful tool for locating suspects in serious crimes. However, they come with a significant trade‑off: massive data collection. By design, these warrants scoop up information on innocent people—journalists visiting a protest, bystanders walking through a park, or someone on an errand near the crime scene. Gathering such broad swaths of private data infringes on the constitutional protection against unreasonable searches in Douglas County.

 

The Fourth Amendment guarantees that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Traditional warrants describe a particular person or place with specificity; a geofence warrant, by contrast, asks for every device in a wide area. Courts have struggled to reconcile this tension. In the 2018 Supreme Court decision Carpenter v. United States, the Court held that accessing historical cell‑site location information generally requires a warrant supported by probable cause. Although Carpenter did not directly address geofence warrants, it set the stage for heightened scrutiny of digital‑age searches.

In a typical scenario, a Douglas County investigator investigating a burglary or assault will outline on a digital map the location and time frame of the crime. The warrant is served on a technology company, like Google, which compiles a list of device identifiers—known as “anonymous identifiers”—that pinged the defined area during that window. Law enforcement then reviews metadata such as device movement patterns and, in some cases, supplementary information like Google profile data or Wi‑Fi network connections. From this list, Douglas County investigators narrow down their focus to devices whose behavior suggests involvement, then seek further warrants to unmask the individual owners.

Because geofence warrants collect data indiscriminately, they inevitably sweep in bystanders. Someone who stopped for coffee near the scene, simply drove down the block, or where at home and live in the area can be subjected to scrutiny. This raises difficult questions: Should a person’s lawful presence near a public place be treated as probable cause for police investigation? Does the mere fact of carrying a smartphone turn every citizen into what the courts have begun calling a “digital witness” to crime? These are not idle concerns; the scale of modern data retention means that our digital footprints can be preserved for years, potentially exposing innocent, unknowing, and un-consenting people to legal trouble long after any alleged crime.

 

Defense attorneys have begun to push back by filing motions to suppress evidence obtained through geofence warrants. These challenges typically argue that such warrants are overbroad and violate the Fourth Amendment’s requirement of particularity. Some courts have responded by narrowing the scope of these warrants—limiting them to devices displaying “suspicious” behavior, such as remaining on site during the crime and then rapidly departing. Others have demanded more precise descriptions of suspects or more targeted time frames. Although the law in this area is still evolving, successful suppression motions can force Douglas County prosecutors to either abandon digital leads or gather evidence through more traditional, narrowly tailored means.

 

If you are not under investigation, there are still steps you can take to safeguard your location information. Many smartphones allow you to disable or limit location history—Google’s “Location History” setting, for instance, can be turned off altogether. Using privacy‑minded navigation apps that do not store your data or setting your phone to clear location history automatically can also reduce the volume of data available for a geofence warrant. However, these measures are no panacea: even with location history disabled, apps that require location services (like weather or ride‑share apps) may still generate records. Ultimately, meaningful privacy protections will require a combination of personal vigilance, legislative reform, and judicial oversight.

Geofence warrants sit at the intersection of rapid technological change and constitutional law that has not kept pace. The drive to solve crimes more efficiently must be balanced against the fundamental right to privacy. As public awareness grows and defense attorneys, like us, continue to challenge the breadth of these warrants, jurists and legislators are being forced to confront questions that were unimaginable just a decade ago.

 

For now, if you value your privacy in Douglas County, it pays to understand how geofence warrants work—and to take proactive steps to limit the trails you leave behind. When your digital footprint can be used to cast suspicion on you, your loved ones, friends and neighbors, staying informed becomes not just a matter of privacy, but of personal freedom.