Shoplifting Charges in Gwinnett County

/in /by

Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value.

This includes actions like:

  Concealing or taking items

  Switching price tags or labels

  Putting items in different packaging

  Paying less than the true price through deception

 

The charge depends mainly on the value of the merchandise:

Misdemeanor shoplifting

  • Value $500 or less
  • Punished as a misdemeanor

Typical penalties in Georgia (including Gwinnett County):

  • Up to 12 months in jail
  • Up to $1,000 fine
  • Probation, community service, or diversion programs often possible (especially for first offense)

Felony shoplifting

Triggered if:

  • Value over $500, OR
  • Multiple thefts aggregated over time, OR
  • Certain repeat offenses

Penalty:

  • 1 to 10 years in prison

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Gwinnett County. If you have been charged with shoplifting in Gwinnett County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!

Beyond a Reasonable Doubt

/in /by

The legal standard of “beyond a reasonable doubt” is the cornerstone of the criminal justice system. However, the history of this standard has continued to evolve since before the 18th century.

The criminal justice system struggled due to the heavy influence of religious ideologies. Jurors feared that convicting an innocent person would lead to religious damnation. As a result, juries would acquit the accused out of fear for the juror’s own soul. To combat this, the concept of reasonable doubt was introduced. Reasonable doubt allowed jurors to find a moral certainty without having the fear of damnation. This standard expanded to the American legal system in the trial for the events of the Boston Massacre. John Adams, representing the accused redcoats urged jurors to focus on evidence if the evidence alone eliminated doubt, not emotion.

Beyond a reasonable doubt as we know it today was not constitutionally required until the case of In re Winship. This case involved a twelve-year-old juvenile charged with theft. The court adjudicated the juvenile delinquent based on a preponderance standard. The adjudication was appealed challenging the use of the lower burden of proof as a violation of due process under the 14th Amendment. The Supreme Court of the United States held that due process requires proof beyond a reasonable doubt in criminal cases. The purpose is the balance the immense power of the State versus the individual liberties of the public. The court was fundamentally concerned of the possibility that the fate of an accused would be decided incorrectly.

The beyond a reasonable doubt standard endures not because it makes convictions easier, but because it makes them just. In a system where the stakes are freedom, reputation, and life itself, beyond a reasonable doubt stands as a barrier, ensuring that before the State takes everything, it must first prove everything.

 

Shoplifting Charges in Cobb County

/in /by

Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value.

This includes actions like:

  Concealing or taking items

  Switching price tags or labels

  Putting items in different packaging

  Paying less than the true price through deception

 

The charge depends mainly on the value of the merchandise:

Misdemeanor shoplifting

  • Value $500 or less
  • Punished as a misdemeanor

Typical penalties in Georgia (including Cobb County):

  • Up to 12 months in jail
  • Up to $1,000 fine
  • Probation, community service, or diversion programs often possible (especially for first offense)

Felony shoplifting

Triggered if:

  • Value over $500, OR
  • Multiple thefts aggregated over time, OR
  • Certain repeat offenses

Penalty:

  • 1 to 10 years in prison

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Cobb County. If you have been charged with shoplifting in Cobb County, it is essential to retain experienced

Theft by Taking

/in /by

In Georgia, a theft charge can encompass either misdemeanor or felony penalties, depending on the value of the goods or property in question. If you have been arrested for theft, you could be charged with any of the following: theft by taking, theft by deception, theft by conversion, theft by shoplifting, and so on. However, the most commonly charged theft that appears in Georgia is theft by taking. According to O.C.G.A. § 16-8-2, theft by taking occurs when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated. Typically, this occurs when the property is taken without the knowledge of the victim at the time of the alleged offense.

Value of Goods

In determining whether the theft by taking charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, taken, and/or appropriated. Property or goods valued at less than $500 are generally charged as misdemeanors. Alternatively, if the goods in question are valued at a price greater than $500, the State of Georgia could charge you with a felony offense.

Penalties

In misdemeanor theft by taking cases, a conviction could result in no more than a year in jail and a $1,000 fine. However, following a felony theft by taking conviction, a judge could sentence you between 1-10 years in prison.

Due to the severity of the punishment for a theft by taking conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these allegations by either getting the charges dismissed by bringing forth defenses to such allegations or requesting a reduction in the penalty of such charges.

Defenses

Here are some common defenses for theft by taking cases in Georgia:

  • There was no theft;
  • Acted under an honest claim of right or ownership of property;
  • Charge should be reduced depending on the value of the goods and amount taken;
  • There was no intent to steal;
  • The accused was unaware that the property was of another;
  • The intention was to borrow the item, not to steal it;
  • Intoxication, if it negates the intent element.

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by taking, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by taking, please call our office today at 404-581-0999 for a free consultation.

Marijuana Odor as Probable Cause

/in /by

The odor of marijuana provides law enforcement the ability to search without consent and without a warrant. However, in recent years the state legislature has enacted the Georgia Hemp Farming Act (GHFA), legalizing hemp products. It is without debate that the odor of illegal marijuana and legal hemp are the same. Because of this, courts of this state are presented with the challenge of whether the odor of marijuana and hemp alone still provide law enforcement with probable cause to search.

The appellate courts of Georgia have issued three opinions in cases related to the argument that the odor is insufficient to give an officer probable cause. In Gowen v. State (2021), the court upheld a search where law enforcement smelled the odor off marijuana because the GHFA did not allow for the commercial sale and raw hemp to consumers and Gowen presented no evidence that he possessed legal hemp that was designed to be smoked. The court ruled the search was proper by also considering the odor in the context that Gowen also had a warrant for his arrest for drug related offenses. In Coverstone (2024), law enforcement stopped the vehicle for stopping passed the balk line. Law enforcement detected the odor they believed to be marijuana and conducted a search locating pre-rolled CBD cigarettes and a controlled substance. The defense presented evidence that the CBD cigarettes were designed to be smoked and therefore the odor alone was not sufficient. Again, the court denied the motion to suppress. The court found that probable cause to search was not founded solely on the odor but in conjunction with an admission that marijuana was smoked within four hours of the traffic stop. The third case addressing the odor of marijuana as probable cause to search is Rosales-Urrutia (2026). For a third time the court declined to revisit whether the odor precedent focusing again on the fact that admissions were made regarding having “smoked in the car recently.”

While Georgia courts upheld warrantless searches in these cases, the courts have laid the groundwork that the odor of marijuana/ hemp alone without additional admissions may no longer provide sufficient probable cause to search.

Shoplifting Charges in Fulton County

/in /by

Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value.

This includes actions like:

  Concealing or taking items

  Switching price tags or labels

  Putting items in different packaging

  Paying less than the true price through deception

 

The charge depends mainly on the value of the merchandise:

Misdemeanor shoplifting

  • Value $500 or less
  • Punished as a misdemeanor

Typical penalties in Georgia (including Fulton County):

  • Up to 12 months in jail
  • Up to $1,000 fine
  • Probation, community service, or diversion programs often possible (especially for first offense)

Felony shoplifting

Triggered if:

  • Value over $500, OR
  • Multiple thefts aggregated over time, OR
  • Certain repeat offenses

Penalty:

  • 1 to 10 years in prison

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Fulton County. If you have been charged with shoplifting in Fulton County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!

 

 

Disorderly Conduct in Sandy Springs Municipal Court

/in /by

O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety.

What Counts as Disorderly Conduct?
A person commits disorderly conduct when they:

  1. Act violently or loudly in a way that makes someone fear for their safety.
  2. Behave violently in a manner that could damage another person’s property.
  3. Use “fighting words” — abusive or insulting language intended to provoke a fight.
  4. Speak obscenely or use vulgar language toward or over the phone with a child under 14, in a way that could cause a breach of the peace.

Possible Penalties
A conviction for disorderly conduct can lead to:

  • Up to 12 months in jail
  • Fines of up to $1,000
  • Probation or community service

If you or someone you care about faces a disorderly conduct charge in Sandy Springs Municipal Court, don’t handle it alone. The legal team at W. Scott Smith, P.C. has the experience to defend your rights and guide you through the process. We offer a free consultation to discuss your case and help you pursue the best outcome.

 

What does a “DUI Less Safe” charge in Henry County mean?

/in /by

Under Official Code of Georgia Annotated § 40-6-391, “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.” Accordingly, a driver may be charged with and potentially convicted of DUI even if their BAC measures below 0.08.

It is widely understood that operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher constitutes driving under the influence in Georgia. However, law enforcement officers may still initiate a DUI charge even when a driver’s BAC is below 0.08 if they believe the driver is impaired to the extent that it is less safe for them to operate a vehicle than if they had not consumed alcohol.

If you have been charged with a “less safe” DUI in Henry County, it is essential to retain experienced legal counsel to safeguard your driving privileges and minimize the long-term consequences of a conviction. The attorneys at W. Scott Smith, P.C are well-versed in the complexities of DUI defense and are committed to pursuing the most favorable resolution possible on your behalf. Contact our office at 404-581-0999 to schedule a free consultation!

Plain View Exception

/in /by

The Fourth Amendment to the Constitution protects against unreasonable searches and seizures by the government. To legally seize and search personal items the government must obtain a search warrant based on a probable cause standard.

While the provisions of the Fourth Amendment are clear, there are exceptions that allow the government to seize and search items without the issuance of a search warrant. One of the most argued exceptions to Fourth Amendment search and seizure is the plain view exception. This exception balances the practical needs of government agents with the protections required by the Fourth Amendment. The plain view exception allows the government to seize evidence of a crime or contraband without a warrant.

Under this exception, the government must establish three conditions to avoid a violation of the Fourth Amendment provisions. First, the government must lawfully be at the location to observe the item. Government agents must not have violated Fourth Amendment rights to be able to observe the evidence. Secondly, it is not enough that the government agent lawfully be at the location, they also must have a lawful right to access the item. For instance, if drugs are viewed through a window of a home, it would be a Fourth Amendment violation for the government agent to enter the home to seize the drugs. Even though the agent can lawfully see the drugs a warrant or exigent circumstances are still required. However, if a government agent is executing a search warrant the first two requirements are typically met. The final requirement under the plain view exception to the Fourth Amendment is that the incriminating nature of the item must be immediately apparent. Immediately apparent does not require absolute certainty that an item is contraband or evidence but is based on a probable cause standard. In making this determination, the government may not manipulate, move, or open the item to discover the evidentiary value.

The protections of the Fourth Amendment require precision by the government. Search warrants should require an equally high degree of precision. If the government is going to utilize an exception under the Fourth Amendment, their actions must precisely adhere to the long-established rules.

Super Speeder in Rockdale County, GA

/in /by

If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Rockdale County, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days from the conviction date to make the payment. Otherwise, DDS will suspend your license.

However, if you or someone you know faces a super speeder ticket, it’s a good idea to consult a lawyer. Legal help can often lead to a better outcome. Therefore, contact the Law Office of Scott Smith at 404-581-0999 for a free consultation.