Theft by Deception in Cobb County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Cobb County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

My Dream Career as A Criminal Defense Lawyer

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I graduated from law school in May, 2004. It is hard to believe it has been 20 years, this week, since I left Georgia State University College of Law. I had no idea why I wanted to go to law school. I found no passion or meaning working as a financial analyst for a large corporation and quit to go back to school in the fall of 2001. Everyone I knew in law school had a reason for why they wanted to become a lawyer except me. I just figured it was better than what I had been doing which was working in a cubical for a corporation that was eerily similar to Office Space.

I lucked into my dream career. A career I never envisioned before law school.

The one thing of the past 20 years that I am most proud of is that an introvert, who barely spoke as a kid and who hates public speaking, tries and wins major felonies. I work in a world of extroverts. As an introvert, I have to spend more time preparing in order to develop the spontaneity needed in a jury trial.

There is no other job I can think of that I would want to do more than that of a criminal defense lawyer. The defense lawyer-client relationship is like no other. It brings two very different people together who are caught up in a high stakes battle over freedom and in some cases even life. A client will tell the defense lawyer secrets that must be carried to the grave.

The thing I think I love most about this job is the competition. It is rare to have a job where you compete against a formidable adversary and then have strangers declare a winner and loser. It is a job that you can literally save someone’s life and keep a family together. It is also a job where you can be rejected by the jury and have someone you have grown to care about hauled away for life in a steel cage. In those cases, a little piece of myself goes with them. Regardless of what my client may or may not have done, I never judge them or lecture them. Everyone, regardless of the monstrous thing they might have done, is entitled to one person who speaks for them and tries to help save them. And quite a few are actually innocent. But guilt or innocence makes no difference in the preparation and advocacy.

I have spent the last 20 years trying to make civility in the courtroom a hallmark. I have never raised my voice at a prosecutor, judge or anyone else in the courtroom. The public views lawyers poorly and I think it is incumbent on my profession to do better. As a lawyer, you have to be a zealot for your client. But you can zealously advocate while also acting civil, ethical and professional at all times. The prosecutor and judge are rarely, if ever, the enemy. They are integral parts of our criminal justice system.

I hope to spend the rest of my life in the criminal courts standing next to the accused and giving them a voice. The Sixth Amendment to the Constitution demands it. Whether the accused is guilty or innocent does not matter. They are entitled to be treated fairly.

I often think about the quote of the late Albert Krieger:

“The criminal defense lawyer marches into the pit, often unloved by everyone in the courtroom, but with the courage, strength and mind to make our Constitution live as a vibrant being in that courtroom on behalf of someone who at that moment stands for all the principles of freedom and dignity. It is a chore in many respects, it is difficult in all respects. It is tiring. It is demanding. But it is what we signed up for.”

 

 

Georgia’s New Law on Bail Bonds

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Governor Brian Kemp recently passed a new law that will go into effect on July 1, 2024 radically changing how Georgia courts grant bonds.

What are the types of bonds in Georgia?

  • Unsecured Judicial Release (formerly known as “signature bonds”)
    • Bonds that require no money in order to be released
  • Cash bonds
    • Bonds requiring that cash must be paid in full to be released without use of a bonding company
  • Surety Bonds
    • Bonds posted by bonding companies who then charge the defendant a percentage of the bail amount set by the Judge
  • Property bonds
    • Use of real estate as collateral instead of paying the bond in cash

Unsecured Judicial Release (UJR Bonds) are routinely used in minor offenses in Georgia.  However, under Georgia’s new law, there are 30 new crimes, including 18 that are typically misdemeanors, that can no longer be granted Unsecured Judicial Release. Instead, the new additions to what are considered “bail restricted offenses” shall only be eligible for release through cash, surety or property bonds. To be put simply, you will now need cash to get out on bond for the below charges.

Georgia’s 30 New Crimes Now Considered “Bail-Restricted Offenses”

  1. Reckless stunt driving, 2nd or subsequent offense
  2. Promoting or organizing an exhibition of drag races or laying drags.
  3. Laying drags.
  4. Reckless driving, 2nd or subsequent offense
  5. Fleeing or attempting to elude a police officer.
  6. Obstruction of a law enforcement officer.
  7. Criminal trespass, 2nd or subsequent offense
  8. Theft by taking, 2ndor subsequent offense
  9. Theft by deception.
  10. Theft by extortion.
  11. Destruction, removal, concealment, encumbrance, or transfer of property subject to security interest.
  13. Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana.
  15. Exploitation and intimidation of disabled adults, elder persons, and residents or obstruction of an investigation.
  17. Voluntary manslaughter.
  18. Cruelty to animals.
  19. Violation of oath by a public officer.
  20. Financial transaction card fraud.
  21. Financial transaction card theft.
  22. Identity fraud.
  23. Racketeering and conspiracy.
  24. Trafficking of persons for labor or sexual servitude.
  25. Failure to appear, 2nd or subsequent offense.
  26. Domestic terrorism.
  28. Inciting to riot.
  29. Unlawful assembly.
  30. Possession of tools for commission of a crime.

These new crimes added to the list of “bail-restricted bonds” can no longer be granted an UJR bond and will require cash through a surety or a property bond in order to be released.

The new law will also require that no repeat offender, defined as someone who has been previously arrested for any felony within seven years, be granted an Unsecured Judicial Release, on any crime including very  minor offenses.

It also criminalize charities, nonprofits, and individuals who post more than three bonds a year. The law will require that these entities must submit to the same legal requirements of any professional bonding company.

This new law will take place July 1, 2024. Please call the Law Office of W. Scott Smith PC at 404-581-0999 if your loved one has been arrested and you have questions about obtaining a bond in Georgia.

I Violated Probation. What Now?

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In Georgia, when someone violates probation for a misdemeanor offense, the consequences will vary depending on the circumstances of the alleged violation and the specific terms and conditions of the probation. The most common offenses for probation involve missing scheduled appointments with probation officers and testing positive for a substance that the probationer is to cease using per the original probation conditions (usually illegal drugs and alcohol). There are two main outcomes: 1) you can agree to the terms that probation recommends in the sentencing or 2) hold a hearing in front of a judge. Generally speaking, probation recommends revoking a certain amount of time on probation meaning if probation is recommending to revoke 30 days, then the probationer would spend 30 days in custody. The second option is to hold a hearing. During this hearing, the attorney generally argues for a less harsh sentence, minimizing additional jail time and other extra conditions that may be imposed. It’s important that if you violate probation, you contact our office IMMEDIATELY to handle your case.

Know Your Rights: What Police Can and Can’t Do in Searching an Automobile

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Oftentimes, we get clients who have been pulled over by the police and ask to search their car. It’s important to know your rights and circumstances in which police can or cannot search your car.

  1. Probable Cause: Generally, police officers need probable cause to conduct a search of a vehicle without a warrant. Probable cause means that there is enough evidence to reasonably believe that a crime has been committed or that evidence of a crime can be found in the vehicle.
  2. Consent: If a police officer asks for consent to search a vehicle and the individual gives consent voluntarily, the officer can conduct the search without needing probable cause or a warrant. It’s important to note that you can not only refuse consent to the search, but you can also tell the officer which area(s) of the vehicle can and cannot be searched.
  3. Search Incident to Arrest: If a person is lawfully arrested, the police may search the area within the arrestee’s immediate control. In the case of a vehicle stop, this may include the passenger compartment of the vehicle, but not the trunk.
  4. Plain View: If a police officer sees evidence in the vehicle and it is immediately apparent that the evidence is something illegal, like narcotics, police can search and seize the evidence.
  5. Inventory Searches: If a vehicle is lawfully impounded, the police may conduct an inventory search of the vehicle’s contents.

If you’re pulled over call us immediately. Know your rights!

Theft by Deception in Fulton County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Fulton County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Aggravated Child Molestation in Cobb County

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Aggravated Child Molestation is a serious crime in Cobb County. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Cobb County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Cobb County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Cobb County District Attorney actually returns an indictment against you before seeking an attorney. Aggravated Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

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.

Drug Trafficking Arrest at Hartsfield-Jackson Atlanta International Airport

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The repercussions of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport often extend far beyond the possibility of prison time and probation. While the legal system imposes penalties for drug-related offenses, individuals also face collateral consequences that can significantly impact their lives. These collateral consequences, ranging from barriers to employment and housing to social stigma and mental health challenges, highlight the complex and enduring effects of drug trafficking arrest at Hartsfield-Jackson’s Atlanta International Airport.

One of the most significant collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport is the challenge of securing employment. Many employers conduct background checks, and a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport will serve as a red flag, leading to discrimination in hiring processes. Even if individuals have served their time or completed rehabilitation programs, the stigma associated with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport can linger, hindering their ability to find gainful employment and support themselves and their families.

For individuals with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport record, securing stable housing can be a daunting task. Landlords may be hesitant to rent to individuals with criminal records, fearing potential liabilities or disruptions to the community. As a result, those with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport histories may face housing discrimination, limited housing options, or even homelessness, exacerbating the cycle of poverty and instability.

The financial toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport extends beyond legal fees and fines. Individuals may struggle to obtain loans, financial aid, or housing assistance programs due to their criminal record. Moreover, the loss of income resulting from employment barriers can further strain financial resources, making it challenging to rebuild one’s life after a drug-related arrest.

The stigma surrounding drug trafficking arrest at Hartsfield-Jackson Atlanta International Airports can lead to social ostracization and isolation. Friends, family members, and community members may distance themselves from individuals with criminal records, perpetuating feelings of shame, loneliness, and alienation. This social stigma can impede reintegration into society and hinder access to support networks essential for rehabilitation and recovery.

The emotional toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport and its aftermath can contribute to mental health challenges such as depression, anxiety, and post-traumatic stress disorder (PTSD). Coping with the stigma, shame, and uncertainty associated with a criminal record can exacerbate existing mental health conditions or lead to the development of new ones. Without adequate support and resources, individuals may struggle to address these mental health challenges effectively.

 

Barriers to Education and Professional Licenses:

In addition to employment barriers, individuals with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport records may encounter obstacles in pursuing education and obtaining professional licenses. Many educational institutions and licensing boards conduct background checks, and a criminal record can jeopardize admission or licensure. These barriers limit opportunities for personal and professional growth, perpetuating cycles of disadvantage and hindering efforts to break free from the repercussions of a drug-related arrest.

The collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport are profound and enduring, affecting various aspects of individuals’ lives long after the legal process has concluded. From barriers to employment and housing to social stigma and mental health challenges, these consequences underscore the need for comprehensive reform and support systems to address the root causes of substance abuse and mitigate the far-reaching impacts of the criminal justice system.

If you have been arrested for drug trafficking, including marijuana trafficking, cocaine trafficking and heroin trafficking please contact our law office to review your legal options.  Our law office telephone number is 404-581-0999.  Ask for a free consultation on a drug trafficking arrest at the airport.

Theft by Deception in Dekalb County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Dekalb County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Failure to Maintain Lane: A Cop’s Most Used Weapon in DUI’s

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In the State of Georgia, police officers can use the offense of “failure to maintain lane” as a tool to initiate a traffic stop and potentially investigate a driver for suspicion of driving under the influence (DUI). This offense occurs when a driver fails to stay within their lane while driving on the road.

When a police officer observes a vehicle crossing lane lines, or exhibiting other signs of erratic driving that may indicate impairment, they can use this as reasonable suspicion to pull the driver over. O.C.G.A. § 40-6-48 states that “a vehicle shall be driven as nearly as practicable entirely within a single lane.” It prohibits drivers from leaving their lane until they have determined that a lane change can be made safely. NOTE: weaving within your lane is NOT a failure to maintain lane- the vehicle must cross or touch lane lines. Once the vehicle is stopped, the officer may then proceed with further investigation, which could include administering field sobriety tests or breathalyzer tests to determine if the driver is under the influence of alcohol or drugs.

It’s important to note that while failure to maintain lane can be a legitimate reason for a traffic stop, officers must still follow proper procedures and have reasonable suspicion of DUI to detain and arrest a driver. This means they must observe additional signs of impairment beyond just the lane deviation. It is usually accompanied by “bloodshot eyes”, or “odor of alcohol.” If you get pulled over for a DUI, call us immediately.