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Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property.

Theft By Taking

Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. Theft by taking is defined by statute in O.C.G.A. §16-8-2. “Deprive” means to withhold property of another permanently or temporarily or to dispose of the property to make it unlikely that the owner will recover it. The value of the property is only important when it comes to sentencing.

If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

Theft By Receiving Stolen Property

Theft by receiving stolen property occurs when a person receives, disposes of, or retains property that a person knows or should know is stolen. Knowledge is a required element of theft by receiving. This means that the government must prove that the person they are charging knew that the property was stolen.

Just like theft by taking, the value of the property determines the potential sentencing. If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

As you can see, theft charges can carry serious penalties. It is important to hire an experienced attorney if you are facing theft charges in Cobb County. The lawyers at W. Scott Smith, PC can review the evidence in your case and determine the best strategy for defending the case. Call our office at 404-581-0999 today for a free consultation.

In Georgia, a family violence battery is the identical charge of battery except that the alleged victim in the case has some sort of familial connection to the accused. The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not want to press charges.

According to O.C.G.A. § 16-5-23.1, a person commits a battery when he/she intentionally causes substantial physical or visible bodily harm to another. However, in order for a person to be charged with family violence battery, the crime must have occurred between the following people:

• Spouses or former spouses;
• Individuals who have a child together;
• Parents and children;
• Step-parents and step-children;
• Foster-parents and foster-children; and
• Individuals living or formerly living in the same household.

Penalties

A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A major consequence of a family violence battery conviction is that any future convictions of the same crime is an automatic felony. The first conviction of a family violence battery is sentenced as a misdemeanor, however, the second and subsequent convictions have a maximum penalty of 5 years in prison. This rule, however, does not apply to simple battery- family violence. According to O.C.G.A. § 16-5-23, simple battery occurs either when:

• A person makes physical contact of an insulting or provoking manner with the person of another; or
• Intentionally causes physical harm to another.

Simple battery-family violence is identical to the crime of simple battery, except the alleged crime occurred between the following people listed above, which constitutes a familial tie.

After the first conviction of simple battery-family violence, unlike family violence battery, the second conviction is still merely characterized as a misdemeanor. A person convicted of simple battery- family violence or misdemeanor family violence battery may be sentenced to a maximum penalty of 12 months in jail and/or a $1,000 fine.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations. Therefore, if you or a loved one has been arrested for family violence battery or simple battery-family violence, please call our office today at 404-581-0999 for a free consultation.

In Walton County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that impairs one’s ability to drive safely. 

Unlike alcohol, where a specific blood alcohol concentration (BAC) limit is set, marijuana impairment is evaluated based on the ability to drive safely. If a law enforcement officer suspects impairment, they may arrest the driver. 

Standard Field Sobriety Evaluations (SFSEs): 

In the event of a marijuana-related DUI investigation, law enforcement officers may administer field sobriety tests to determine if a driver is impaired. However, SFSEs (such as the Walk-and-Turn or One-Leg Stand tests) are primarily designed to assess impairment from alcohol or other substances that affect motor coordination and balance. These tests are less reliable for marijuana impairment because marijuana’s effects can vary widely depending on the individual and are different than the effects of alcohol. 

Drug Testing: 

A key aspect of marijuana DUI cases in Georgia is drug testing, which typically involves a blood test to detect THC, the psychoactive component of marijuana. An officer can collect your blood if you 1) agree to a blood draw or 2) a search warrant for your blood is issued. THC can remain in the bloodstream for days, weeks, or even  months after marijuana use, long after any impairment. This creates a challenge for prosecution- just because you test “positive” for THC does not mean you are impaired at the time of the drug test or blood draw, nor does it mean you were impaired while driving. However, the presence of THC in the blood can be used as evidence of marijuana use, but it does not definitively prove impairment at the time of driving. 

Possible Defenses in a Marijuana DUI Case: 

No Impairment at Time of Driving: The most straightforward defense is arguing that the driver was not impaired while driving, even if marijuana was detected in their system. If the defendant was not showing signs of impairment (e.g., not swerving, not exhibiting erratic driving behavior), this could be a strong defense. 

Challenge to Field Sobriety Test Results: As mentioned, FSEs are not be a reliable indicator of marijuana impairment. Standard field sobriety evaluations were designed for alcohol impairment. To date, there are no scientifically backed evaluations to detect marijuana impairment. 

While the laws surrounding marijuana DUI in Georgia are the same throughout the state, Hall County is more likely to see DUI cases involving marijuana due to its larger population and the prevalence of law enforcement agencies in the area, especially with Walton Police Department. DUI cases in Walton County are generally handled by whatever municipality you are initially arrested in (Monroe, Social Circle, etc) as well as the Superior and Probate Court of Walton County. If you are arrested for marijuana DUI in Walton County, it is critical to hire a skilled DUI defense attorney who is familiar with local court procedures and the nuances of marijuana-related DUI cases. 

Being arrested for DUI in Georgia doesn’t just mean facing criminal charges—it can also mean losing your ability to legally drive, sometimes within days of the arrest. Many people are surprised to learn that even before a conviction, their driver’s license can be suspended. Georgia’s DUI laws are strict, and understanding how the administrative license suspension process works is critical for anyone accused of driving under the influence.

Under Georgia’s “implied consent” law, by driving on Georgia roads, you’ve already agreed to submit to chemical testing if an officer has probable cause to believe you were driving under the influence. If you refuse to give a blood, breath, or urine sample after being read the implied consent notice, your license can be suspended for one year—with no eligibility for a limited driving permit.

This is a hard suspension, meaning you cannot legally drive at all for the duration of that year unless you win an appeal at the administrative level or opt to drive with an Interlock Device, either route secured within 30 days of receiving the DDS 1205 form.

Even if you agree to a blood or breath test, your license can still be suspended. If your blood alcohol concentration (BAC) is 0.08% or higher (or 0.02% for drivers under 21, or 0.04% for commercial drivers), the Georgia Department of Driver Services (DDS) may suspend your license for up to one year. First-time offenders may be eligible for a limited driving permit, but only if they act quickly to protect their rights.

An Administrative License Suspension (ALS) hearing is your opportunity to challenge the suspension of your driver’s license, whether based on a refusal or because of a BAC above the legal limit. You must request this hearing within 30 days of your arrest—otherwise, the suspension automatically goes into effect.

At the ALS hearing, an administrative law judge will determine whether the officer had reasonable grounds to arrest you, whether you were properly advised of your implied consent rights, and whether you refused testing or tested above the legal limit. This hearing is separate from your criminal case, and it’s one of the few chances you’ll have to keep your license before trial.

At the ALS hearing, there are a few potential outcomes:

• Suspension Upheld: Your license is suspended for the applicable time period.
• Suspension Overturned: You retain your license while your criminal case proceeds.
• Withdrawal by Officer: Sometimes, the arresting officer fails to appear or chooses to withdraw the suspension, which results in no administrative penalty.

Winning your ALS hearing can significantly reduce the pressure on your case. It allows you to continue driving legally while you and your attorney prepare a defense.

If you’re facing a license suspension for refusing a chemical test, you may be eligible to install an ignition interlock device (IID) instead of appealing the license suspension through an ALS hearing. This option must also be exercised within 30 days of arrest. The IID is a breathalyzer installed in your vehicle that prevents it from starting unless you provide an alcohol-free breath sample.

Choosing the IID path means:

• Your license is limited, not fully suspended.
• You can legally drive for work, school, and other essential functions.
• You must have the device installed and monitored for at least 12 months.

This option is only available to certain drivers who are legal Georgia license holders, are 21 years of age or older, have no prior DUI convictions or ALS suspensions, have not been involved in an accident involving serious injury or death, and apply within 30 days of receiving the DDS 1205 form.

A DUI arrest in Georgia starts a ticking clock. You have 30 days to act—whether by requesting an ALS hearing or applying for an ignition interlock permit. Missing that window could mean up to a year without the ability to drive legally.

The best way to protect your license is to contact a criminal defense attorney immediately after your arrest. An experienced DUI lawyer can help you evaluate your options, represent you at the ALS hearing, and guide you through both the administrative and criminal consequences of the charge.

Your driver’s license is too important to risk. Don’t wait—take action, protect your rights, and fight back against unnecessary suspension.