I Have a Pending Case Dekalb County Superior Court. What Should I Expect?

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When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Dekalb Superior Court.

Incident/Arrest

A criminal case begins when an incident occurs or when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate and obtains a warrant from a magistrate judge. At this point, you will be booked into the Dekalb County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Dekalb County, felony first appearance hearings occur several times each day. The hearings are held virtually. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. When determining if you will receive a bond, and how much that bond will be, the judge will consider several things. Among other factors, the judge will consider your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Dekalb County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For felonies in Dekalb County, this is the District Attorney’s Office. The District Attorney’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

For felonies, the charging document is called an accusation or indictment. The charging document details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this charging document is drafted, your case will be assigned to a Dekalb County Superior Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Dekalb County Superior Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of twelve of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

 

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of felony charge in the Superior Court of Dekalb County, call our office today at 404-581-0999 for a free consultation.

Karen Read Case: A Deep Dive into the Complexities of a Criminal Defense Case. What Karen Read can teach criminal defense lawyers in Georgia.

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The Karen Read murder case has captivated the nation, not only for its shocking allegations but also for its tangled web of investigative flaws, alleged conspiracies, and the broader implications for the criminal justice system. At our criminal defense firm, we aim to shed light on cases like Karen Read’s, which exemplify the critical role of defense attorneys in safeguarding justice and exposing investigative misconduct.

Overview of the Case

Karen Read, a 44-year-old former adjunct professor and equity analyst, stands accused of the murder of her boyfriend, Boston Police Officer John O’Keefe. O’Keefe’s body was found outside a colleague’s home on January 29, 2022, in a snowbank, with his death attributed to blunt force trauma and hypothermia.

Prosecutors allege that Read drunkenly backed her Lexus SUV into O’Keefe after an evening of drinking and left him to die in the snowstorm. Read faces charges of second-degree murder, vehicular manslaughter, and leaving the scene of a collision causing death. If convicted, she could receive a life sentence.

However, Read has maintained her innocence and alleges she is being framed. Her defense team has built a case that highlights investigative flaws, inappropriate conduct by law enforcement, and potential conspiracy among police officers who were present at the scene.

A Case Marked by Investigative Misconduct

The lead investigator in the case, Trooper Michael Proctor, has become a focal point of controversy. Proctor was fired from the Massachusetts State Police in March 2025 after a trial board found him guilty of misconduct, including sending vulgar texts about Read, sharing confidential case details with non-law enforcement personnel, and drinking while on duty police say.

Proctor’s unprofessional behavior included referring to Read as a “whack job” and expressing hopes that she would take her own life in text messages to his sister. These comments, combined with his undisclosed personal ties to witnesses tied to the case, raised significant concerns about his ability to conduct an impartial investigation.

Text messages showed the unprofessional mindet of the investigting officer

The text messages were a rare glimpse into the unprofessional nature of the investigating officer.

Massachusetts State Police Trooper Michael Proctor confirmed he called Karen Read a “wack job c**t” and “retarded” and made light of her Crohn’s disease in texts sent to friends, family, and colleagues during his investigation into Boston Police Officer John O’Keefe’s death.

She waffled him. I looked at his body at the hospital. He was banged up.

“She hot, at least?” one of Proctor’s friends asked at some point.

He said he replied, “She’s a wack job c***. Yes, she’s a babe. Weird Fall River accent, though. No ass.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In other texts, he said he called Read a “nutbag” and wrote, “she’s got a leaky balloon knot. Leaks poo,” in reference to Read’s chronic illness. Read was diagnosed with Crohn’s disease at age 25 and at one point used a colostomy bag

Defense Strategies in the Karen Read Case

Karen Read’s defense team has employed a multifaceted approach to dismantle the prosecution’s case.  But one of the main points they will be able to score is the Investigator was not neutral.  From the beginning he was biased against the woman who he said has no ass.

  1. Highlighting Investigative Bias: Proctor’s misconduct has been central to the defense’s narrative, with allegations that he manipulated evidence and failed to pursue other suspects due to his connections with the Albert family, whose home hosted the party.
  2. Exposing Tunnel Vision: Experts have pointed to “confirmation bias” among investigators, arguing that they prematurely developed a theory of Read’s guilt and ignored contradictory evidence.

Implications for the Justice System

The Karen Read case underscores the broader issues of investigative misconduct and systemic flaws in the criminal justice system. As one legal expert stated, “If there are missteps and sloppiness in a murder investigation involving the death of a police officer, what does that suggest about the process in a more run-of-the-mill case with a civilian victim?” (NBC News Article: Karen Read murder trial: Messy investigation exposes problems with police work that public rarely sees, experts say).

Cases like Karen Read’s remind us that defense attorneys play a crucial role in holding law enforcement accountable, ensuring fairness, and advocating for those who may be wrongly accused.

What This Means for You

Karen Read’s case exemplifies the principle that every case, regardless of the circumstances, is winnable with a strong defense. The defense’s focus on the flawed investigation, highlighting undisclosed conflicts of interest, offensive text messages from the lead investigator, and the failure to consider alternative suspects, ultimately led to a hung jury in the first trial. This raises questions about the transparency of police work and the potential for evidence to be hidden or manipulated.  As the Read case demonstrates, securing all available evidence is crucial for a jury to make a fully informed decision. The subsequent firing of the lead investigator, Michael Proctor, due to his unprofessional conduct and undisclosed relationships with witnesses further underscores the importance of thorough investigation and scrutiny of police procedure. This case serves as a reminder that a vigorous defense can expose hidden truths and challenge seemingly insurmountable obstacles.

At our firm, we believe that everyone deserves a fair trial, regardless of the allegations against them. The Karen Read case illustrates the importance of thorough investigations, the need for unbiased law enforcement, and the necessity of experienced defense attorneys who will fight for justice.

If you or a loved one is facing criminal charges, don’t hesitate to reach out to us. We are here to navigate the complexities of the legal system and advocate for your rights. Justice is not just a goal—it’s our mission.

Contact Us Today

Let us help you build a strong defense, expose investigative flaws, and ensure that your voice is heard. Call us for a consultation or visit our website to learn more about our services.  Our office can be reached 24/7 at 404-581-0999.

What Happens If You’re Caught in a Hit-and-Run?

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Criminal Penalties:

If you’re involved in a crash but it’s only property damage (like hitting a parked car), you might get charged with a misdemeanor. This could mean up to a year in jail, a fine up to $1,000, and a suspended driver’s license. If there’s an injury or someone dies, though, things get way more serious. That’s when it can turn into a felony, with fines up to $5,000, 1-5 years in prison, and possibly losing your driving privileges.

License Suspension:

    • A suspension is a temporary loss of driving privileges for a specified amount of time. Here’s how license suspensions generally break down after a hit-and-run charge:
    • Misdemeanor Hit-and-Run (Property Damage)
      1. If you’re convicted of a misdemeanor hit-and-run in Fulton County, the license suspension could last anywhere from 3 months to 1 year. The exact duration will depend on your driving history and whether any aggravating factors (like prior offenses or previous suspensions) are involved. After the suspension period, you’ll typically need to pay a reinstatement fee and possibly complete additional requirements, such as attending a defensive driving course or providing proof of insurance (SR-22), before you can get your license back.
    • Felony Hit-and-Run (Injury or Death)
      1. If the hit-and-run results in injury or death, and you’re convicted of a felony, the consequences for your license are much more severe. A felony conviction could lead to a longer license suspension—often several years. In some extreme cases, your license could be permanently revoked. After a felony conviction, if your license is suspended, you might have to wait several years before being eligible to apply for reinstatement. The reinstatement process will also involve paying hefty fees, possibly attending an alcohol/drug evaluation or counseling, and demonstrating that you’re fit to drive again.

What Defenses Might Work in a Hit-and-Run?

There are a few defenses that someone might use if they’re charged with a hit-and-run, although they aren’t easy to pull off.

  1. Didn’t Realize It Was an Accident:
    • If you didn’t know you were in an accident, you might have a chance to argue that. For example, if you brushed past a car but didn’t notice any damage or hear a crash, you could claim you didn’t realize you were involved.
  2. Fear for Safety:
    • Let’s say you were in a bad part of town and worried for your safety. You might argue that you left the scene because you were afraid. However, you’d need solid proof of why you felt unsafe.
  3. Medical Emergency:
    • If you had a medical emergency while driving (like a seizure or heart attack) and you left because you were in distress, that could be a valid defense. You’d need to show evidence, like a doctor’s note, to back this up.
  4. Couldn’t Stop:
    • Sometimes, cars break down or something happens that makes it hard for a driver to pull over right away. If you had a mechanical issue or some other emergency that made it impossible to stop safely, you could argue that you had no choice but to keep going.
  5. Mistaken Identity:
    • Another defense could be that you weren’t the one involved in the accident, or the police might have made a mistake in identifying you. Maybe the other driver was mistaken or there was confusion about who caused the crash.

If you’ve been charged with a Hit and Run in Fulton County give us a call TODAY.

 

 

The Anatomy of a Criminal Case in Fulton County Superior Court

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When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Fulton State Court.

Incident/Arrest

A criminal case begins when an incident occurs or when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate and obtains a warrant from a magistrate judge. At this point, you will be booked into the Fulton County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Fulton County, felony first appearance hearings occur every day but Sunday and are held virtually at 11:30. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. When determining if you will receive a bond, and how much that bond will be, the judge will consider several things. Among other factors, the judge will consider your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Fulton County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For felonies in Fulton County, this is the District Attorney’s Office. The District Attorney’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

For felonies, the charging document is called an accusation or indictment. The charging document details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this charging document is drafted, your case will be assigned to a Fulton County Superior Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Fulton County Superior Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of twelve of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of felony charge in the Superior  Court of Fulton County, call our office today at 404-581-0999 for a free consultation.

Charged with Drug Trafficking Through Atlanta Airport? Here’s What You Need to Know

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If you’ve been charged with drug trafficking through Atlanta’s Hartsfield-Jackson International Airport, you’re likely overwhelmed with questions and concerns. The Atlanta Police Department’s (APD) Airport Drug Interdiction Unit (ADIU) has specific strategies and procedures in place to monitor and intercept narcotics at the airport. Understanding how this unit operates can shed light on your situation—and ensure you take the right steps to protect your rights and future.

At W. Scott Smith, PC, we specialize in defending individuals accused of drug trafficking and other serious drug-related offenses. Our team has in-depth knowledge of the APD’s Standard Operating Procedures (SOP) and how these can impact your case. Here’s what you should know about the ADIU and how we can help.

How the Airport Drug Interdiction Unit Operates

Hartsfield-Jackson is one of the busiest airports in the world, making it a key focus of law enforcement for intercepting illegal narcotics. The ADIU, a specialized unit within the Atlanta Police Department, uses a variety of tactics to detect and deter drug trafficking. According to their Standard Operating Procedure, their methods include:

  1. On-Site Observation: ADIU officers conduct independent investigations by physically observing passengers arriving or departing from the airport. They monitor behavior and other indicators to identify potential drug trafficking activity.
  2. Informant and Jurisdictional Information: The ADIU relies on tips from informants, other law enforcement jurisdictions, and reliable sources to investigate drug-related activity involving passengers or employees at the airport.
  3. Debriefing of Arrestees: Individuals arrested for drug-related offenses are often debriefed to gather additional intelligence that can further ongoing investigations.
  4. Collaboration with Other Agencies: The ADIU works closely with agencies like Homeland Security Investigations (HSI), U.S. Customs Service, and other local and federal law enforcement bodies to prevent the movement of narcotics through the airport.
  5. Use of K-9 Units: Specially trained K-9 officers are employed for narcotic detection, making the ADIU highly effective at identifying drugs concealed in luggage, cargo, or on individuals.

 

 

 

What This Means for Your Case

The ADIU is a sophisticated unit with extensive resources dedicated to identifying drug trafficking activity. However, their aggressive surveillance, investigative tactics, and reliance on informants are not immune to legal challenges. At W. Scott Smith, PC, we will scrutinize every aspect of your case, including:

  • Potential Violations of Your Rights: Did the officers have reasonable suspicion or probable cause to stop or search you? Were the methods they used in compliance with state or federal law?
  • Search and Seizure Procedures: The ADIU must follow strict protocols when gathering evidence, such as ensuring that all searches and detentions are lawful. Any deviation from these procedures could result in key evidence being excluded from your case.
  • Reliability of Informants and K-9 Alerts: Informant information and K-9 alerts are common tools for the ADIU, but both are subject to legal scrutiny. We will investigate the reliability of these sources and whether they were properly used in your situation.
  • Surveillance and Body-Worn Camera Footage: ADIU officers are required to comply with APD’s body-worn camera policies (APD.SOP.3133). If video evidence is missing or improperly handled, it could work in your favor.

Why You Need Experienced Legal Representation

A drug trafficking charge is serious, with potentially life-altering consequences, including significant prison time and hefty fines. The ADIU’s resources and training make them formidable opponents, but with the right legal strategy, you can level the playing field. At W. Scott Smith, PC, we are dedicated to crafting a defense tailored to your unique circumstances.

Our team will:

  • Investigate whether the ADIU followed its Standard Operating Procedures.
  • Challenge the legality of the search, arrest, and evidence collection.
  • Work with prosecutors to negotiate reduced charges or alternative sentencing options, if applicable.

Don’t Face These Charges Alone—Contact W. Scott Smith, PC Today

If you’ve been charged with drug trafficking through Atlanta’s Hartsfield-Jackson International Airport, time is of the essence. The longer you wait, the harder it becomes to challenge the evidence and build a strong defense. Let W. Scott Smith, PC stand by your side and fight for the best possible outcome in your case.

Call us today at 404-581-0999 for a free consultation. Your rights, freedom, and future are too important to leave to chance.

At W. Scott Smith, PC, we understand the intricacies of the Atlanta Police Department’s Airport Drug Interdiction Unit and how to effectively counter their tactics. Let us put our experience to work for you.

 

Assembling Together or Assembling Evidence Against Yourself

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The First Amendment of the United States Constitution guarantees the right to assemble peacefully, a fundamental freedom that allows individuals to associate with whomever they choose. However, in Georgia, the broad application of the Street Gang Terrorism and Prevention Act (O.C.G.A. § 16-15-4) has raised serious concerns about the criminalization of lawful association when the government alleges gang-related activity. This intersection of constitutional rights and aggressive prosecution tactics often puts individuals at risk of severe penalties simply for being in the wrong place with the wrong people.

The First Amendment ensures that individuals can gather for any reason—political, social, or personal—without fear of government interference. This includes the right to associate with family, friends, or even people with criminal records. However, in recent years, prosecutors have increasingly used Georgia’s Street Gang Terrorism and Prevention Act to allege that any gathering of individuals suspected of having gang ties constitutes a criminal enterprise, stripping away the fundamental protections of the First Amendment.

Under O.C.G.A. § 16-15-4, a person can be criminally prosecuted for:

  • Participating in criminal gang activity by engaging in or conspiring to commit crimes with alleged gang members.
  • Recruits, solicits, or coerces others into gang participation, even without direct evidence of coercion.
  • Aiding or abetting criminal gang activity, even if they did not directly commit the underlying crime.
  • Using property or resources to further gang activity, including places of business, homes, or vehicles.

The vague and broad language of the statute allows law enforcement to target individuals based on mere association rather than actual criminal conduct. Someone can be swept into a gang prosecution simply because they were present at a location where a crime allegedly occurred or because they were seen associating with others who are suspected of gang activity.

One of the most troubling aspects of Georgia’s Street Gang Terrorism and Prevention Act is how it allows the government to override constitutional protections by criminalizing relationships rather than actions. It creates an environment where a person’s mere presence at a social gathering, wearing certain clothing, or being in a particular neighborhood can be used as evidence of criminal conduct.

To make things worse, Georgia’s Evidence Code includes provisions that significantly expand the admissibility of otherwise inadmissible evidence in cases involving violations of Georgia’s Street Gang Terrorism and Prevention Act. Under O.C.G.A. § 24-4-418, prosecutors can introduce evidence of a defendant’s prior criminal acts, associations, or activities alleging they are related to gang membership, even if those acts are unrelated to the current charges. This evidentiary rule creates a broad avenue for the state to establish an alleged pattern of gang-related conduct, often making it harder for defendants to receive a fair trial based solely on the charge of violating Georgia’s Street Gang Terrorism and Prevention Act.

Furthermore, Georgia’s Street Gang Terrorism and Prevention Act is often applied disproportionately, targeting young individuals in marginalized communities. People who have never committed a crime can find themselves facing enhanced charges simply due to alleged gang affiliation, often based on minimal or circumstantial evidence.

The First Amendment guarantees the right to assemble freely, but laws like Georgia’s Street Gang Terrorism and Prevention Act threaten to erode those protections by criminalizing relationships and association. Prosecutors may attempt to stretch the law to punish people for their mere presence, rather than for actual wrongdoing. If charged under this statute, it is essential to challenge the prosecution’s overreach and fight for the fundamental rights that protect all individuals from government overreach.

If you or a loved one are facing charges under Georgia’s Street Gang Terrorism and Prevention Act, it is critical to have an experienced criminal defense attorney who understands both your constitutional rights and the flaws in the state’s case. The government must prove actual criminal intent and participation in illegal activity, not just association with certain individuals.

Driving Under the Influence of Marijuana in Hall County

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In Hall 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.

  1. 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.

  1. 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.

  1. 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 Hall Police Department. DUI cases in Hall County are generally handled by whatever municipality you are initially arrested in (Gainesville, Flowery Branch, etc) as well as the State Court of Hall County. If you are arrested for marijuana DUI in Hall 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.

 

Cobb County Pre-Trial Intervention and Diversion Program

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The Cobb County Diversion program is a program offered in Cobb County to offer an alternative to the traditional prosecution process. The Cobb County diversion program’s purpose is to deter future criminal behavior, monitor offenders from arrest through final case disposition, minimize loss to victims through payment of restitution by offenders, and to reduce the number of non-violent cases so that county resources can be used to prosecute more severe crimes.

The best part about the Cobb County diversion program is that defendants who successfully complete the program will have their case dismissed. Your criminal record will also be restricted so that any criminal charges will not show up on background checks.

Certain types of defendants are eligible for participation in the Cobb County diversion program. At a minimum, defendants must have minimal felony nonviolent charges and minimal prior misdemeanor convictions. Additionally, participants must have never participated in a diversion program before and be able to pay any restitution. The Cobb County diversion program is unique because defense attorneys can refer clients to the program and this can even happen prior to indictment.

Cases like drug possession, theft, or shoplifting are often offered participation in the diversion program if it is a defendant’s first offense. If you have been charged with a non-violent offense in Cobb County, it is important that you hire a lawyer that is familiar with the diversion program and would be able to negotiate that resolution to your case. Please call our office at 404-581-0999 for a free consultation and to see if the diversion program might be a great option for you.

 

Understanding Patel v. State: A Victory for Justice in Georgia Forfeiture Law

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At  W. Scott Smith P.C., we understand the immense stress and challenges faced by individuals charged with drug-related offenses or victims of property forfeiture. In Georgia, these cases often hinge on complex legal interpretations, and the state must meet stringent burdens of proof to justify its actions. A recent victory in the Patel v. State case serves as a crucial example of how the justice system can protect your rights—and why having an experienced attorney is essential.

The Case: Patel v. State of Georgia

In the Patel case, the Georgia Court of Appeals reversed a judgment ordering the forfeiture of currency seized from Jagrutiben Patel’s convenience store due to allegations of involvement in the possession and sale of products containing delta-8-THC. Patel argued that the products were legally classified as “hemp” under the Georgia Hemp Farming Act, not controlled substances. The court sided with Patel, ruling that the state had failed to meet its burden of proof.

 

 

The state claimed that edible gummies infused with delta-8-THC found at Patel’s store were controlled substances, making the seized currency subject to forfeiture. However, the law defines “controlled substances” in a very specific way. Under Georgia law, only products that exceed a federally defined concentration of delta-9-THC (not delta-8-THC) are considered controlled substances. The state failed to prove that the products contained more than 0.3% delta-9-THC, a critical point in the case.

Furthermore, the trial court incorrectly presumed that Patel’s products contained synthetic delta-8-THC, which might not be exempt from the controlled substances list. This presumption shifted the burden unfairly onto Patel, relieving the state of its obligation to prove its case. On appeal, the court found that the state did not establish by a preponderance of the evidence that Patel had engaged in conduct warranting forfeiture.

 

What This Means for You

If you’re facing charges related to drug trafficking or property forfeiture, Patel v. State is a shining example of how the state must meet its legal obligations before depriving you of your property or accusing you of criminal activity. The Court of Appeals reinforced that the burden of proof lies squarely with the state, and assumptions or weak evidence are not enough to justify forfeiture.

This case demonstrates that Georgia’s forfeiture laws hinge on precise legal definitions and scientific evidence. For instance, the state must prove not just the presence of THC in a product but also whether it meets the statutory criteria for a controlled substance. If the state fails to satisfy this burden, you may be entitled to reclaim your property and clear your name.

Why You Need a Skilled Attorney

The Patel case highlights the importance of having an experienced attorney who understands the nuances of Georgia’s forfeiture and controlled substances laws. W. Scott Smith P.C., we specialize in defending individuals accused of drug-related crimes and fighting unjust forfeiture claims. We know how to challenge faulty evidence, hold the state accountable to its burden of proof, and protect your rights.

Whether you’ve been accused of trafficking, possession, or your property has been unfairly seized, we can help. Our team will meticulously investigate your case, challenge improper presumptions made by the state, and ensure that your voice is heard in court.

Call Us Today for a Free Consultation

If you or someone you know is facing drug-related charges or property forfeiture in Georgia, don’t wait. The legal system can be intimidating, but with the right attorney by your side, you can fight back and secure justice. Contact W. Scott Smith P.C. at 404-581-0999 today for a free consultation. Let us put our expertise to work for you and take the first step toward resolving your case.

Remember, just like in Patel v. State, the law is on your side if the state fails to meet its burden of proof. Let us help you protect your rights, your property, and your future.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you are facing legal challenges, consult an attorney for personalized assistance.

Avoiding Incarceration in Georgia is More Critical than Ever

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When people hear the terms “jail” and “prison,” they often use them interchangeably. However, these two institutions serve distinct functions within the criminal justice system. Understanding the differences between jail and prison is crucial, especially for those facing criminal charges or advocating for reform. Furthermore, the increasing privatization of both jails and prisons has raised concerns about how accused and convicted individuals are treated within these facilities.

Jails are typically operated by county or city governments. They are used to house individuals awaiting trial, those serving short sentences generally less than a year, or those held for minor offenses. Because of the transient population, conditions in jails are often harsher, and there is typically a lack of structured programs for rehabilitation. Prisons, on the other hand, are managed by state or federal governments. They hold individuals convicted of crimes who are serving sentences longer than a year. Compared to jails, prisons are supposed to provide more structured rehabilitation programs, educational opportunities, and work assignments, which can help inmates reintegrate into society upon release.

The rise of private, for-profit correctional facilities has added another layer of complexity to the incarceration system. Many states and the federal government contract with private corporations to house inmates, arguing that privatization reduces costs. However, privatized incarceration raises several concerns. Private prison companies profit from keeping facilities full, creating a potential incentive for harsher sentencing and mass incarceration. Additionally, in order to maximize profits, private prisons often cut costs on essential services such as medical care, food quality, rehabilitation programs, and staffing, leading to poor living conditions and safety concerns. Unlike government-run facilities, private prisons are not always subject to the same level of public scrutiny, making it difficult to ensure accountability.

In October 2024, the U.S. Department of Justice released a report concluding that conditions in Georgia’s state prisons violate the Eighth Amendment, which prohibits cruel and unusual punishment. The investigation revealed that the Georgia Department of Corrections has been “deliberately indifferent” to extensive violence, drug use, extortion, and sexual abuse within state prisons, potentially violating prisoners’ constitutional rights. The report highlighted severe issues, including increasing homicide rates, unchecked gang control, and frequent incidents of sexual abuse, especially among LGBTQ inmates.

Furthermore, a separate DOJ investigation into the Fulton County Jail in Atlanta uncovered “grave” safety failures and unconstitutional conditions. The findings pointed to dangerous, unsanitary, and deadly conditions that infringe on inmates’ rights, including failures to protect inmates from homicides and sexual abuse. This investigation followed the 2022 death of LaShawn Thompson, who died in his cell covered in insect bites, highlighting the urgent need for reform.

As criminal defense attorneys, we see firsthand the impact of incarceration on our clients and their families. The privatization of jails and prisons underscores the importance of legal advocacy, fair sentencing, and alternatives to incarceration, such as diversion programs and restorative justice initiatives. If you or a loved one are facing criminal charges, it is crucial to have strong legal representation to navigate the complexities of the system and avoid unnecessary incarceration.