Didn’t Pull the Trigger? You Can Still Be Charged: Understanding “Party to a Crime” in Georgia

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If you have been arrested, you might be shocked to learn that you can be charged with a serious felony even if you never touched a weapon, stole an item, or threw a punch. In Georgia, the law casts a wide net using a concept called “Party to a Crime.”

I am Scott Smith, a criminal defense attorney in Atlanta, Georgia. I often hear from people who believe they are innocent because they were “just there” or only played a minor role. However, under Georgia law, if you are “concerned in the commission of a crime,” you can be convicted and punished just as severely as the person who actually committed the act.

Here is an easy-to-understand breakdown of what it means to be a party to a crime and the defenses that may be available to you.

What is a “Party to a Crime”?

Under Georgia statute O.C.G.A. § 16-2-20, a person is a party to a crime if they directly commit the crime, or if they:

  1. Intentionally cause another person to commit the crime;
  2. Intentionally aid or abet the commission of the crime; or
  3. Intentionally advise, encourage, hire, counsel, or procure another person to commit the crime.

Essentially, if you associate yourself with an unlawful enterprise and share a common criminal intent, the law considers the act of one conspirator to be the act of all.

Examples of Being a Party to a Crime

You do not have to be the ringleader to be prosecuted. The State often uses the following scenarios to charge individuals as parties to a crime:

  1. The Lookout: If you stand guard while others enter a building to commit a robbery, the law considers you a party to that robbery. Even if you never entered the building, your participation allowed the crime to happen.
  2. The Getaway Driver: Driving a perpetrator to a crime scene, blocking a victim’s path, or driving the shooter away after the act can be evidence that you were aiding and abetting the crime.
  3. The Encourager: Words matter. If you are watching a fight and yell phrases like “finish it,” “handle your business,” or “do what you got to do,” you could be convicted as a party to the resulting assault or murder.
  4. The Market Maker: If you tell a burglar that you will buy specific items (like guns or electronics) if they steal them, you may be considered a party to the burglary itself because you encouraged the crime by creating a market for the stolen goods.
  5. Failure to Protect (Parents): In cases involving children, a parent who fails to protect their child from abuse or fails to report known abuse can be charged as a party to the cruelty or molestation committed by another person.

Defenses: “Mere Presence” is Not Enough

Just because the police charge you as a party to a crime does not mean you are guilty. There are specific legal defenses we can use to fight these charges.

  1. Mere Presence The most common defense is that you were simply at the wrong place at the wrong time. Georgia courts have repeatedly ruled that mere presence at the scene of a crime is not sufficient to convict someone. If you were standing nearby but did not participate, help, or encourage the act, you should not be convicted.
  2. Mere Association Simply knowing the person who committed the crime or associating with them is not enough to make you guilty. The State must prove you had a shared criminal intent.
  3. Mere Approval Even if you watched the crime happen and approved of it, that approval alone—without active encouragement or assistance—is insufficient to make you a party to the crime.
  4. Withdrawal or Abandonment If you initially agreed to participate but then abandoned the effort before the crime was committed, this can be an affirmative defense.

Call Us If You Have Been Charged

Cases involving “party to a crime” allegations are legally complex. The State often relies on circumstantial evidence, such as your conduct before and after the crime, to try to prove you were involved. You need an experienced attorney to deconstruct that evidence and establish your defense.

If you or a loved one has been charged with a crime in Georgia, do not wait.

Call me, Scott Smith, at 404-581-0999.

 

Bond Process in Georgia

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In Georgia, the process of bonding out of jail depends largely on the type of charge, the timing of the arrest, and whether the court or prosecutor is willing to act quickly. After a person is arrested and booked into jail, the first key event is the initial or “first appearance” hearing. This typically occurs within about 24 to 72 hours of arrest, though weekends and holidays can slow the timeline. At first appearance, a judge or magistrate advises the accused of the charges, addresses the right to counsel, and considers whether bond can be set. For many misdemeanor and lower-level felony offenses, the magistrate judge has authority to set bond at this stage. If bond is set, the defendant may be released once the bond conditions are satisfied. However, for certain serious felonies—often referred to as “Superior Court only” offenses—the magistrate judge cannot set bond, and the defendant remains in custody until the case reaches Superior Court.

When bond is not set at first appearance, or when the bond amount is unreasonably high, the defense attorney can request a formal bond hearing. This is done by filing a written motion with the appropriate court, most often Superior Court in felony cases. Once the motion is filed, the court schedules a hearing, which may take days or weeks depending on the court’s calendar and the complexity of the case. At the bond hearing, the defense and prosecution present arguments, and the judge considers statutory factors such as flight risk, danger to the community, likelihood of witness intimidation, and the defendant’s ties to the community. In some cases, particularly early in the case, this hearing can be the first real opportunity for the defense to present mitigating information about the accused.

To avoid delays caused by crowded court calendars, experienced defense attorneys often attempt to secure a “consent bond” from the prosecutor. This process involves direct negotiation between the defense and the district attorney’s office, sometimes immediately after arrest. If both sides agree on a bond amount and conditions of release, they can submit a proposed consent bond order to a judge for approval without holding a formal hearing. Judges frequently sign these agreed-upon orders, which can significantly speed up the defendant’s release. Prosecutors may require certain concessions as part of a consent bond, such as waiving a preliminary hearing or agreeing to specific bond conditions. While not guaranteed, consent bonds are a common and effective way to expedite release in Georgia, particularly in felony cases.

As the case progresses, bond issues can be revisited. If a defendant remains in custody, bond may be addressed again at a preliminary (committal) hearing or through additional motions in Superior Court. Importantly, Georgia law provides a significant protection for defendants who remain jailed while the case is pending indictment. Under the so-called 90-day indictment bond rule, if a defendant has been held in custody for 90 days and the state has not obtained an indictment from a grand jury, the defendant is entitled—upon filing a motion—to have bond set by the court. This rule does not result in automatic release on the 90th day, but it does require the court to set a bond once the defense invokes the statute. The 90-day period is calculated from the date of confinement, not the date of the alleged offense. In death-penalty-eligible cases, the state may request a one-time extension of up to an additional 90 days, but absent that extension, the court must set bond if no indictment has been returned.

Overall, the Georgia bond process is highly time-sensitive and strategic. Early action by defense counsel—especially through negotiations with the prosecutor—can dramatically shorten the time a person spends in jail. When early release is not possible, statutory protections like the 90-day indictment bond rule ensure that a defendant cannot be held indefinitely without formal charges being brought.

If you or a loved one are facing criminal charges, give our office a call TODAY to speak with one of our experienced attorneys at (404)581-0999.

How do I get out of Fulton County Jail?

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I’ve Been Arrested…

You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. Rice Street is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at Rice Street are being recorded. Just focus on getting someone to help get you out of jail.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 1130am.

Court is typically done by Zoom but you can go to the courtroom at the Fulton County jail.

Can I get a bond?

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in Courtroom 8C of the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

Terroristic Threats and Terroristic Acts

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Under Georgia law, “terroristic threats” and “terroristic acts” are two related but very different offenses, and whether an offense is treated as a misdemeanor or a felony depends largely on what actually happened and what the threat or act suggested.

A terroristic threat in Georgia involves communicating a threat to commit violence, release a hazardous substance, or burn or damage property with the intent to terrorize someone, cause an evacuation of a public place, or create serious public inconvenience, or when someone makes such a threat with reckless disregard for those outcomes. Simply making the words of the threat can be enough—no action beyond the communication needs to occur for charges to be filed. Importantly, the law even says a conviction can’t rest solely on the uncorroborated testimony of the person the threat was made to.

Most terroristic threats are treated as misdemeanors, which means they carry up to one year in jail and/or a fine up to $1,000. But Georgia law draws a clear line: if the threat suggests the death of the person threatened, the charge is elevated to a felony, punishable by one to five years in prison and the same fine range. That’s because a threat implying someone will be killed is inherently more serious and alarming than a threat of lesser harm.

On the other hand, a terroristic act isn’t just words—it’s conduct that causes fear or disruption. The law lists specific examples, like using burning symbols to terrorize someone, firing or throwing an object at an occupied vehicle, or releasing (or pretending to release) a hazardous substance with the purpose of terrorizing others or causing evacuation or serious inconvenience. These acts are inherently more dangerous because they involve real-world behavior that risks people’s safety or public order.

Because of that, terroristic acts are almost always charged as felonies. The standard penalty range is one to ten years in prison and up to a $5,000 fine. But if someone suffers serious physical injury as a direct result of the act, penalties increase dramatically—five to forty years in prison and fines up to $250,000. That reflects the law’s recognition that harm to actual people is far more severe than mere disruption or inconvenience.

In everyday language: a terroristic threat is about the promise or warning of harm, with misdemeanor treatment if it’s serious but not life-threatening, and felony treatment if it threatens death. A terroristic act is about doing something that causes fear or danger in the real world, and it’s treated as a felony because it involves tangible, harmful behavior rather than just words. In both cases, the intent to terrorize or disrupt is a key element the prosecution must prove.

If you or someone you know is facing these kinds of charges, the nuances matter—not just for your immediate freedom, but for your future opportunities. A conviction, whether misdemeanor or felony, can affect everything from employment to housing to civil rights, so understanding the difference and mounting an effective defense is critical. Call us today at (404)581-0999

Sandy Springs Traffic Lawyer: Georgia Traffic Charges & How a Lawyer Can Help

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If you were stopped or cited in Sandy Springs, you are not alone. Sandy Springs police are known for proactive traffic enforcement, especially on GA‑400, Roswell Road, Hammond Drive, Abernathy Road, and Mount Vernon Highway. What may feel like a “simple ticket” can quickly turn into points on your license, higher insurance premiums, or even a suspended license.

Working with a Sandy Springs traffic lawyer can often mean the difference between a clean driving record and long‑term consequences.

Common Traffic Charges We Handle in Sandy Springs

Our office regularly represents drivers cited in Sandy Springs Municipal Court and Fulton County courts. Common traffic cases include:

  • Speeding tickets (including super speeder citations)
  • Reckless driving
  • Driving on a suspended or revoked license
  • Failure to maintain lane
  • Following too closely
  • Running a red light or stop sign
  • Improper lane change
  • No proof of insurance
  • Expired registration or tag violations
  • Hit and run (leaving the scene of an accident)
  • DUI and DUI‑related traffic offenses

Even minor violations can carry serious consequences in Georgia, particularly if you already have points on your license or hold a commercial driver’s license (CDL).

 

Why You Shouldn’t Just Pay the Ticket

Many drivers assume paying a traffic ticket is the fastest way to move on. Unfortunately, paying a ticket is the same as pleading guilty.

That guilty plea can result in:

  • Points added to your Georgia driver’s license
  • Insurance rate increases that last for years
  • License suspension if you accumulate too many points
  • Employment consequences for CDL holders or professional drivers

 

How a Sandy Springs Traffic Lawyer Can Help

An experienced Sandy Springs traffic attorney understands local enforcement practices, prosecutors, and the municipal court system. Legal representation can help by:

  • Reviewing the legality of the traffic stop
  • Challenging radar, laser, or pacing evidence
  • Negotiating reductions to non‑point violations
  • Seeking dismissals or alternative resolutions
  • Protecting your driving record and insurance rates
  • Appearing in court on your behalf (in many cases)

In some situations, we are able to resolve traffic cases without our clients ever needing to miss work or appear in court.

 

Traffic Tickets and Georgia License Points

Georgia’s points system can be unforgiving:

  • 15 points within 24 months can lead to license suspension
  • Certain offenses, like reckless driving, carry 4 points
  • Super speeder violations result in additional state fines

A Sandy Springs traffic lawyer focuses on outcomes that avoid points whenever possible.

 

Sandy Springs Municipal Court Experience Matters

Local experience matters in traffic cases. Sandy Springs Municipal Court has its own procedures, prosecutors, and expectations. A lawyer familiar with this court can often identify options that are not obvious to someone representing themselves.

Whether your goal is to keep points off your license, protect a CDL, or fight an unfair citation, having an advocate who regularly practices in Sandy Springs can make a meaningful difference.

 

When to Call a Sandy Springs Traffic Lawyer

You should strongly consider speaking with a traffic attorney if:

  • You were cited for reckless driving or a high‑speed offense
  • You already have points on your license
  • You hold a CDL or drive for work
  • Your license is suspended or at risk of suspension
  • You want to avoid insurance increases

Most traffic cases benefit from early legal involvement, before court deadlines pass or a guilty plea is entered.

 

Speak With a Sandy Springs Traffic Attorney Today

If you received a traffic ticket in Sandy Springs, do not assume the outcome is fixed. A knowledgeable Sandy Springs traffic lawyer may be able to reduce or resolve your charge and protect your driving record.

Contact our office today for a FREE CONSULTATION at 404-581-0999 to discuss your traffic case and learn your options before your court date.

 

What Does It Mean If I Have Been Charged With “DUI Less Safe” in Fulton County?

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It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol.

O.C.G.A. § 40-6-391 (a)(1) states that “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive”. This simply means that you may still be charged with, and convicted of, DUI even if your BAC registers at a level below 0.08 or there is no evidence from a blood test or a breath test that you BAC was above a 0.08.

If you have been charged with DUI less safe in Fulton Country, it is important that you hire an experienced DUI attorney to fight to protect your driver’s license and to prevent the long-term consequences that come with a DUI conviction. The lawyers at W. Scott Smith are experienced with the nuances associated with a DUI case and will work to protect you and resolve your case with the best possible outcome. Call our office at 404-581-0999 for a free consultation.

DUI Consequences in Fulton County State Court

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Georgia law, under O.C.G.A. § 40‑6‑391, prohibits operating a vehicle while:

  • Under the influence of alcohol, drugs, or inhalants to the point it’s unsafe to drive;
  • Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours after driving;
  • Having any detectable amount of marijuana or other controlled substances in the blood or urine, regardless of alcohol presence.

If someone is found guilty of a DUI in Fulton County State Court, under O.C.G.A. § 40-6-391, their driver’s license will be suspended. This isn’t optional—it’s a required suspension by the Georgia Department of Driver Services. How long the suspension lasts depends on how many DUIs the person has had in the last five years. Here’s how it breaks down:

         
Offense Classification Fines Jail Time Additional Requirements
1st DUI Misdemeanor $300 – $1,000 10 days – 12 months (min 24 hrs if BAC ≥ 0.08) At least 40 hours community service, DUI Risk Reduction Program, clinical evaluation, probation.
2nd DUI (within 10 yrs) Misdemeanor $600 – $1,000 90 days – 12 months (min 72 hrs) At least 30 days community service, DUI school, clinical evaluation, probation, possible publication of conviction.
3rd DUI (within 10 yrs) High and aggravated misdemeanor $1,000 – $5,000 15 days – 12 months (min 15 days) At least 30 days community service, DUI school, clinical evaluation, probation, license revocation, declared habitual violator.
4th+ DUI (within 10 yrs) Felony $1,000 – $5,000 1 – 5 years Felony charges, 5-year license revocation, probation for remainder of sentence.

 

If you or a loved one has been charged with DUI in Fulton County State Court, don’t face it alone. The experienced legal team at W. Scott Smith, P.C. is here to help. We offer a free consultation to discuss your case and protect your rights.

Fleeing in Georgia

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In Georgia, fleeing or attempting to elude a police officer can be charged as either a misdemeanor or a felony depending on how serious the situation is. A misdemeanor fleeing charge usually applies when a driver simply refuses to stop after a lawful signal from law enforcement and there are no major aggravating factors. This offense is treated as a high and aggravated misdemeanor, meaning a conviction can result in fines generally ranging from about $500 up to $5,000 and possible jail time of 10 days to 12 months, though judges have discretion to probate or suspend part of the sentence beyond required minimums. Penalties increase for repeat misdemeanor offenses within a ten-year period, including higher fines and mandatory minimum jail time, but the charge still remains a misdemeanor. By contrast, felony fleeing applies when the conduct is more dangerous or severe, such as fleeing at very high speeds, driving recklessly in a way that endangers others, striking another vehicle or person, leaving the state while fleeing, or when the driver has multiple prior fleeing convictions. Felony fleeing carries much harsher consequences, including fines between $5,000 and $10,000 and a prison sentence of at least one year and up to ten years. Unlike misdemeanor cases, felony fleeing sentences generally cannot be probated, suspended, or served concurrently, making the punishment significantly more severe.

 

If you’re ever accused of fleeing from a police officer, either a felony or a misdemeanor, contact our office and speak with one of our experienced attorneys today.

Disorderly Conduct in Dekalb County, Georgia

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Being charged with Disorderly Conduct in Dekalb County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases.

Under Georgia law (OCGA 16-11-39), disorderly conduct includes:

  • Acting violently or aggressively toward someone, causing them to fear for their safety or their property
  • Using “fighting words” that are so abusive they could spark immediate violence
  • Using obscene, vulgar, or profane language without provocation toward a child under 14, in person or over the phone

If you’re accused of any of these actions, having a skilled attorney is important. A lawyer may find strong defenses, such as:

  • The State cannot prove every element of the charge.
  • The alleged victim has credibility issues.
  • The evidence against you is weak.

As trial lawyers, we love taking cases to trial when it’s in our clients’ best interests. But trial isn’t the only way to resolve a disorderly conduct case. There are often several strong options that can still lead to great outcomes, including getting the charges dismissed. Many clients qualify for pretrial diversion programs, which can result in a complete dismissal once requirements are met. We also frequently negotiate with prosecutors to reduce charges to something less serious, such as reckless conduct. Our job is to find the path that achieves the best possible result for you.

If you’re facing a disorderly conduct charge in Fulton County, we offer free consultations. Call us at 404-581-0999 to speak with an experienced attorney about your case.

 

Aggravated Child Molestation in Bartow County

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Aggravated Child Molestation is a serious crime in the State of Georgia. 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 Bartow 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.

The Bartow County Courthouse is at 135 W. Cherokee Avenue, Cartersville, Georgia 30120

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 Bartow 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   Bartow County District Attorney actually returns an indictment against you before seeking an attorney. 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.

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