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In an era of increasing public scrutiny over police behavior, the act of recording law enforcement officers has become not only common but essential. In Georgia, as in much of the United States, your right to record government officials—including police officers—while they are performing their duties in public is protected by the First Amendment of the U.S. Constitution. Whether you are an uninvolved bystander or the subject of a police encounter, understanding your rights is crucial to protecting both yourself and the transparency of government actions.

The First Amendment guarantees the right to free speech, a free press, and the right to petition the government for redress of grievances. Courts, including the Eleventh Circuit Court of Appeals (which governs Georgia), have interpreted these protections to include the right of individuals to record public officials in public places. The Eleventh Circuit has expressly recognized a citizen’s right to record police officers performing their official duties in public, stating that such recording promotes accountability and is consistent with the core purposes of the First Amendment.

In Georgia, this means that if you witness a police-citizen encounter in a public space—like a sidewalk, park, or street—you have the constitutional right to film the interaction, as long as you are not physically interfering with law enforcement duties. Police may not confiscate your recording device, delete your footage, or otherwise retaliate against you simply for documenting their actions. This is true even if they find the recording inconvenient or unwelcome.

The right to record also applies when you are the individual involved in the police encounter. For example, if you are pulled over during a traffic stop or questioned on the street, you are allowed to use your phone or another device to record the interaction. This recording can serve as valuable evidence in the event of misconduct, confusion, or dispute over what was said or done.

However, the right to record is not without limits. Courts have held that while you have a constitutional right to document police, that right is subject to reasonable time, place, and manner restrictions. This means you cannot interfere with an officer’s ability to do their job. For instance, standing too close, refusing to follow lawful orders, or inserting yourself into an active investigation may result in obstruction charges, even if your intent is only to record.

If you are told by a law enforcement officer to stop recording, the appropriate response depends on the circumstances. If your recording is being done from a safe distance and without disruption, you are not legally required to comply with such an order. However, refusing to follow a direct police command—even an unlawful one—can escalate the situation, so it’s often safest to continue recording while clearly stating that you are exercising your constitutional rights and are not interfering. Remain calm and respectful; assert your rights without escalating tension. If the officer insists or threatens arrest, it’s generally best to comply in the moment and seek legal redress later.

Importantly, Georgia is a one-party consent state when it comes to audio recording under O.C.G.A. § 16-11-62. This means that as long as one party to the conversation (which can be you) consents to the recording, it is legal to record audio—even if the other party is unaware. This applies to recording your own interaction with police but does not extend to secretly recording conversations where you are not present or a party to the discussion.

There are some boundaries to be mindful of. Georgia law prohibits surreptitious recording inside private places where there is an expectation of privacy, such as homes or restrooms. But public spaces—including sidewalks, parks, or areas where the public has access—are fair game for recording, even when law enforcement officers are involved.

The Atlanta Police Department, like several other Georgia jurisdictions, has internal policies that affirm the public’s right to record officers, provided it does not interfere with official duties. These policies are increasingly being adopted across the state, acknowledging that citizen recordings have become vital tools in ensuring police accountability.

Recording officers serves a vital democratic function. It helps preserve an accurate record of public interactions, can deter misconduct, and supports the integrity of the legal process. Knowing your rights—and exercising them responsibly—contributes to a more transparent and just society. If you were arrested for recording law enforcement in a public space, contact a criminal defense attorney who can help you assess the legality of your actions and defend your constitutional rights.

In Georgia, your phone can be a powerful tool for justice. The law protects your right to use it—wisely and lawfully.

When someone is arrested and charged with a crime, they are often granted bond, allowing them to be released from jail while awaiting their trial. Bond is typically granted to ensure that the individual returns to court for future hearings. However, bond is not an automatic guarantee, and it can be revoked under certain circumstances.

In Georgia, bond revocation hearings are serious proceedings with significant consequences. If the court revokes a defendant’s bond, they may be required to remain in jail until their trial, which could drastically affect their case and personal life. To navigate these hearings successfully, it’s critical to have an experienced criminal defense attorney by your side.

What is a Bond Revocation Hearing?

A bond revocation hearing in Georgia is a legal proceeding in which the prosecution requests that the court revoke a defendant’s bond due to alleged violations of bond conditions. These violations can include failing to appear in court, committing new crimes, or failing to comply with specific requirements outlined in the bond agreement.

Georgia law allows a judge to revoke bond under a few conditions, such as:

• Failure to appear for court hearings: If a defendant misses a scheduled court date, the judge may decide to revoke their bond.
• New criminal charges: If the defendant is arrested on new charges while out on bond, the court may decide to revoke the bond.
• Violation of other bond conditions: Some conditions of bond may include restrictions like curfews, electronic monitoring, or maintaining employment. Violating any of these could lead to bond revocation.

During a bond revocation hearing, the judge will assess whether the defendant’s actions pose a risk to public safety, whether they are likely to flee the jurisdiction, and whether they have violated the conditions of their release. It’s important to note that bond revocation hearings usually go pretty quickly and don’t involve as much back-and-forth as a full trial. That’s why it is critical to have an experienced attorney who knows the ins and outs of the process to advocate on your behalf.

The outcome of a bond revocation hearing can have serious consequences, including staying in jail for an extended period of time while awaiting trial.  Call the experience peach state lawyers here at W. Scott Smith, P.C. at 404-581-0999 to help you navigate the legal complexities of bond revocation hearings, craft a strong defense, and help you avoid unnecessary jail time.

In Georgia, self-defense means you’re legally allowed to use force—even deadly force—if you reasonably believe it’s necessary to protect yourself (or someone else) from imminent harm. That harm could be things like being assaulted, threatened with a weapon, or facing a serious threat to your life or safety.

When can you use force?

Georgia law says you can use force if you’re protecting yourself or someone else, you believe it’s immediately necessary to prevent harm and/or you’re not the aggressor (more on that in a second).

This covers both non-deadly and deadly force. But deadly force is only okay if you’re trying to stop death/serious injury or a forcible felony (like armed robbery, kidnapping, or rape).

Stand Your Ground in Georgia

Georgia has what’s called a Stand Your Ground law. This means you don’t have to retreat before using force—even deadly force. In other words, if you’re somewhere you legally have a right to be (like your home, car, or even a public place), you can stand your ground and defend yourself.

Limits & Exceptions

Self-defense isn’t a free pass to use force whenever you want. It doesn’t apply if you were the one who started the fight (the aggressor), you used force during the commission of a crime or you provoked someone into attacking you and then used that as an excuse to fight back. Basically, you can’t pick a fight and then claim self-defense when things escalate.

What if you’re charged anyway?

Even if you believe you acted in self-defense, you might still get arrested or charged—especially if there’s confusion about who started it, or if witnesses give conflicting stories. But in Georgia, you can raise self-defense as a legal defense, and if the court agrees, you won’t be convicted. Give our office a call today and speak with an experienced attorney at (404)581-0999.

In Georgia, prior convictions can play a significant—and sometimes devastating—role in current or future criminal prosecutions. Many people assume that once they’ve served their sentence, the slate is wiped clean. Unfortunately, that’s not always the case. Georgia law allows prosecutors to use a person’s criminal history in a variety of ways, from influencing bail decisions to enhancing sentences, and even as evidence in trial. Understanding how and when prior convictions can be used is essential for anyone navigating the criminal justice system.
One of the most common and immediate ways prior convictions can impact a new criminal case is during the pretrial phase. Judges may consider a defendant’s criminal history when deciding whether to grant bond, how high to set the bond amount, or whether to impose additional conditions of release. Under O.C.G.A. § 17-6-1, the court is instructed to consider the accused’s criminal record, including prior convictions, when evaluating flight risk and danger to the community. This means that a person with a lengthy criminal history may face higher bail or denial of bond altogether—even before guilt is established.

Past convictions also play a pivotal role in sentencing. Under Georgia’s recidivist statute, O.C.G.A. § 17-10-7, repeat offenders can face significantly harsher penalties than first-time offenders. In fact, for certain felony offenses, if a person has three or more prior felony convictions, the court is required to impose the maximum sentence available, and that sentence must be served without the possibility of parole. This law is often referred to as Georgia’s “three strikes” rule, and it can effectively turn a relatively minor charge into a life-altering punishment.
But the use of prior convictions doesn’t stop at sentencing. In some cases, the prosecution may attempt to introduce a defendant’s past criminal history at trial as evidence of guilt. Under Georgia’s evidence code, specifically O.C.G.A. § 24-4-404(b), the general rule is that evidence of other crimes, wrongs, or acts is not admissible to prove a person’s character in order to show action in conformity therewith. However, there are exceptions. The prosecution may offer such evidence to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. This is commonly referred to as “similar transaction” or “other acts” evidence.

Before introducing prior acts under 404(b), the State must provide notice to the defense and receive approval from the judge, who must determine whether the probative value outweighs any unfair prejudice to the defendant. The Georgia Supreme Court has emphasized that such evidence must be “sufficiently connected” to the case at hand to be admissible. That said, if allowed, it can heavily sway a jury’s opinion and lead to convictions based more on a defendant’s past than the facts of the current charge.

Additionally, past convictions may be used to impeach a defendant’s credibility if they choose to testify. Under O.C.G.A. § 24-6-609, certain prior convictions may be admitted for the purpose of attacking the credibility of a witness, including the defendant. Generally, felony convictions or crimes involving dishonesty or false statements are admissible for this purpose, provided the conviction is not too remote in time—usually within the past ten years. If a defendant takes the stand, their criminal record may be used to cast doubt on their truthfulness, which can be particularly damaging in cases that hinge on credibility.

Despite the serious consequences of having a criminal record, Georgia law does not always allow for prior convictions to be used indiscriminately. Judges are tasked with weighing the relevance and potential for unfair prejudice, especially when evidence of past misconduct threatens to overshadow the current charges. Defense attorneys can and should file motions to exclude such evidence when it risks compromising the fairness of the trial.

In summary, prior convictions can—and often do—resurface in future criminal proceedings in Georgia. From pretrial release decisions and sentencing enhancements to evidentiary use at trial, a person’s past can heavily influence the outcome of their present case. Understanding these laws and preparing for how prior convictions may be used is critical for mounting a strong legal defense. Anyone facing charges in Georgia should consult with an experienced criminal defense attorney, like those at Peach State Lawyers, to protect their rights and mitigate the impact of their criminal history.

For insight on when your criminal record can be restricted, commonly referred to as expunged, read our next post titled, “

In Dekalb County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound.

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Legal Penalties

Under Georgia law, a first conviction for family violence battery is classified as a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. However, many judges opt for probation, which often includes mandatory participation in a Family Violence Intervention Program (FVIP). Failure to complete this program can result in additional penalties, including potential incarceration.

A second or subsequent conviction for family violence battery is automatically classified as a felony, carrying a prison sentence ranging from one to five years.

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Collateral Consequences

Employment and Professional Licensing

A family violence battery conviction can severely hinder employment prospects. Many employers conduct background checks and may disqualify applicants with a history of domestic violence offenses. Additionally, professionals in fields such as healthcare, education, and law may face disciplinary actions or loss of licensure due to a conviction.

Firearm Restrictions

Both federal and state laws prohibit individuals convicted of domestic violence offenses from possessing firearms. This restriction applies even to misdemeanor convictions and can affect individuals’ eligibility for certain jobs and activities requiring firearm use.

Family Law Implications

Family courts prioritize the safety of children and may modify custody and visitation arrangements if a parent is convicted of family violence battery. Convictions can lead to supervised visitation or, in severe cases, the loss of parental rights.

Immigration Consequences

Non-citizens convicted of family violence battery may face deportation, denial of visa applications, or ineligibility for naturalization under federal immigration law.

Long-Term Impact

Beyond immediate legal penalties, a family violence battery conviction can have enduring effects on an individual’s reputation and social relationships. The stigma associated with domestic violence offenses can lead to strained relationships with family and friends, and challenges in rebuilding one’s personal and professional life.

Seeking Legal Counsel

Given the serious consequences of a family violence battery conviction in Georgia, it’s crucial to seek experienced legal representation. A skilled attorney can provide guidance on defense strategies, potential plea options, and the implications of a conviction on various aspects of your life. Early legal intervention can make a significant difference in the outcome of your case.

The lawyers at the Law Office of W. Scott Smith have vast experience in handling family violence battery cases in Dekalb County. Call us at 404-581-0999 for a free consultation.