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Below are common conditions that may be imposed as part of a sentence: 

1. Jail or Prison Time: In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim. 
2. Probation: In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time. Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer. 
3. Domestic Violence Education or Counseling: Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks. 
4. Anger Management Classes: Anger management may be a condition of probation or sentencing to address emotional regulation issues. 
5. Restraining Orders/Protective Orders: A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.  
6. Community Service: You may be required to perform community service. 
7. Fine or Restitution: You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage. 
8. Alcohol/Drug Testing and Treatment: If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation. 
9. Firearm Restrictions: You may lose the right to possess firearms, either permanently or for a set period of time. 

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today. 

Prostitution is when a person performs or offers or consents to perform a sexual act for money or other items of value. O.C.G.A. §16-6-9.

The statute is not about sexual activity per se but is solely concerned with commercial transactions involving sexual activity. The harm is done to society and not to the individual. Therefore, the State is not required to name the person solicited for prostitution.

Both males and females are prohibited from selling sexual acts. Prostitution is only concerned with the seller. The buyer’s activities are not prostitution.

Prostitution is a misdemeanor and is punished up to 1 year imprisonment. In addition, a person may be fined up to $ 2,500 for prostitution if the offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is primarily used of people under the age of 17.

Pimping is when a person performs any of the following acts:

1. Offers or agrees to procure a prostitute for another;
2. Offers or agrees to arrange a meeting of persons for the purposes of prostitution
3. Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
4. Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
5. Aids or abets, counsels, or commands another in the commission of prostitution or aids of assists in prostitutions where the proceeds or profits derived therefrom are to be divided on a pro rata basis.

An indictment for pimping does not need to name the prostitute or the person solicited because the focus is on the harm done to society.

Pimping in Fulton County is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pimping involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.

Pandering in Fulton County is when a person solicits another person to perform an act of prostitution in his or her own behalf of on behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.

Pandering in Fulton County is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pandering involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.

The Fulton County clerk of court must cause to be published a notice of conviction for that person in the legal organ of the county in which the person resides or, if a nonresident, in the legal organ of the county in which the person was convicted of pandering.

It is imperative that you do not talk to the police if you are accused of prostitution, pimping or pandering in Fulton County. Only speak to a qualified attorney so that you can properly defend yourself.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Below are common conditions that may be imposed as part of a sentence:

1. Jail or Prison Time:
   • In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim.
2. Probation:
   • In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time.
   • Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer.
3. Domestic Violence Education or Counseling:
   • Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks.
4. Anger Management Classes:
   • Anger management may be a condition of probation or sentencing to address emotional regulation issues.
5. Restraining Orders/Protective Orders:
   • A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.
6. Community Service:
   • You may be required to perform community service.
7. Fine or Restitution:
   • You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage.
8. Alcohol/Drug Testing and Treatment:
   • If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation.

9. Firearm Restrictions:

• You may lose the right to possess firearms, either permanently or for a set period of time.

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.

In the Georgia justice system, individuals are considered adults at 17 years of age. A juvenile can be charged as an adult if the crime they are accused of is severe. If a person is convicted as an adult before they turn 17, they will serve their sentence in the Department of Juvenile Justice facilities until they turn 17. Approaching their 17^th birthday, the court must hold a sentence review hearing to determine if the remainder of the individual’s sentence will be served on probation, or if the individual will be transferred to the Georgia Department of Corrections. These hearings hold immense significance, not just for the individual, but for the broader understanding of justice, rehabilitation, and societal expectations.

The Context of Juvenile Convictions

When a juvenile is convicted as an adult, the decision typically stems from the severity of the crime, public safety concerns, or the perceived maturity of the offender. Such cases often carry weighty implications, as the juvenile is subjected to adult sentencing guidelines and the associated long-term consequences.

By the time the individual turns 17, a sentence review hearing provides an opportunity to assess progress and consider whether adjustments to the sentence are warranted. This process is both a reflection of the juvenile’s personal growth and a check on whether the justice system has fulfilled its rehabilitative purpose.

The Hearing Process

A sentence review hearing involves multiple parties, including:

• The Judge: Responsible for weighing evidence, hearing arguments, and making a ruling on whether the sentence should be modified.
• The Defense Attorney: Advocates for the juvenile, often presenting evidence of good behavior, educational achievements, or rehabilitation efforts.
• The Prosecutor: Represents the state and may argue for maintaining the sentence, emphasizing public safety or the severity of the original offense.
• The Juvenile: Plays a central role, offering testimony, reflections, or letters that demonstrate personal growth and remorse.
• Victims or Their Representatives: May provide impact statements, sharing how the crime affected them and their perspective on potential sentence changes.

Key Considerations During the Hearing

• Behavioral Record: The court examines the juvenile’s conduct while incarcerated, looking for signs of rehabilitation, compliance with rules, and engagement in positive activities like education or vocational training.
• Psychological Evaluations: Expert assessments can shed light on the juvenile’s mental and emotional development, as well as their readiness to re-enter society.
• Support System: The presence of a stable and supportive environment outside the correctional facility is crucial. Family, mentors, or community programs may play a role in advocating for a reduced sentence or alternative measures.
• Public Safety: The court must balance the potential risk posed by the juvenile’s release against the benefits of reintegration into society.
• Restorative Justice: The hearing may consider efforts made by the juvenile to address harm caused, such as apologies, restitution, or community service.

If you or a loved one has been convicted as an adult and the defendant’s 17^th birthday is approaching, it is crucial to have a defense attorney advocate at a sentence review hearing. The lawyers at the Law Office at Scott Smith would be honored to advocate for you. Call us today at 404-581-0999 for a free consultation.

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 State Court.

Arrest

A criminal case begins 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. 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, misdemeanor first appearance hearings occur every day. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. You are legally entitled to a bond for misdemeanors. The judge will consider, among other factors, 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 misdemeanors in Dekalb County, this is the Solicitor General’s Office. The Solicitor General’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

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

Arraignment

In Dekalb County State 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 six 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 misdemeanor charge in the State Court of Dekalb County, call our office today at 404-581-0999 for a free consultation.