Affray Charge in Atlanta, Georgia

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Fighting by two or more people in a public place to the disturbance of the public tranquility is a misdemeanor offense in Georgia known as affray. All misdemeanor offenses carry a maximum penalty of 12 months in jail and/or a fine of $1,000.

Affray requires an intent to fight, so it is a highly defensible case if you simplt were a victim of the fight and had no intent to engage in the fight. The State must prove you were a willing participant. With that being said, self-defense is defense that can be explored and used in Affray cases. Even if you did engage in the fighting, but you did so in self-defense, this would be a full legal defense to the charge of Affray. Interestingly, automatic reflexes which including pushing back will also not rise to intent to fight.

Other defenses of Affray include focusing on where the fight occurred. Affray in Georgia requires it to have happened in a public place. Georgia law has held that jails and prisons are not public places for purposes of this statute. Likewise, fights at homes and other private property would not be unlawful under the Affray statute.

Affray, being a finger-printable offense, is one that remains on one’s criminal history forever. Paying a fine or pleading guilty will result in a lifetime criminal conviction. Given the various defenses that come into play wit Affray charges, it is important to consult with a skilled criminal defense lawyer who can advocate for you. Call us today for a FREE CONSULTATION at 404-581-0999 if you or a loved one has been charged with Affray in Georgia.

Georgia Arrest Bond Information

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In Georgia, every person arrested on criminal charges is entitled to a bail bond hearing to determine if the judge will set bond on their case. A bond is essentially collateral, which secures a promise, once released from custody, to appear in court for future court dates. There are many different forms of bonds that a judge can grant. Some include, but are not limited to, signature bonds, surety bonds, cash bonds, or property bonds.

If a person is arrested in the state of Georgia and taken into custody, he/she must be brought before a magistrate judge within 72 hours of arrest. The purpose of this appearance is to discuss the issue of bond. The judge must consider whether the accused is a flight risk; a threat to themselves or the community; has the potential to commit other crimes while their case is pending; as well as the possibility the accused, if released, will intimate any potential witnesses. Other factors that the judge may consider in granting or denying bond include, but are not limited to:

  • Nature of the crime allegedly committed;
  • Circumstances surrounding the alleged crime;
  • Weight of the evidence against the accused;
  • Past criminal history of the accused;
  • Community ties;
  • Family ties;
  • Mental history of the accused;
  • History of failing to appear;
  • Source of bail funds

The judge does have discretion to deny bond for an accused if they find it necessary to do so in order to protect the community, the victim, or to ensure that the accused appears at his/her future court dates. If the accused is denied bond, this means that he/she will not be released and must be confined during the pendency of their case or while awaiting trial. However, a person who has been denied bond or who otherwise would like to have their bond amount reduced does have options in the meantime. The accused may file for a reconsideration of bond, or in some cases where bond was denied, the accused may request a preliminary hearing, which will determine whether there was (1) probable cause to arrest the accused and (2) to revisit the issue of bond. This allows a second chance for the accused to argue that he/she should be released pending the disposition of their case.

Due to the complexity of bond hearings, as well as the possibility that the accused will spend months in custody pending trial, it is of vital importance to hire a seasoned criminal defense attorney who understands the factors the judge is considering when determining bond, has vast experience with such hearings, and tirelessly advocates for their clients and their constitutional rights. Here, at the Law Offices of W. Scott Smith, we do just that. Therefore, if you are under investigation and are potentially facing a future arrest for which bond may be necessary, or a loved one is currently in custody on a pending criminal charge, please call our office today at 404-581-0999 for a free consultation.

Georgia Administrative License Suspension (ALS) Hearings during the Pandemic

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Following a DUI arrest, the State of Georgia has authority to suspend the driver’s license of the accused in a civil proceeding, which is separate from the criminal case, if one of the following occurs:

  1. After the accused has been arrested, the officer on the scene read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine their blood alcohol content; OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an interlock device in their vehicle for the duration of the suspension. However, in this blog we will solely discuss the former.

Appeal of License Suspension

In the normal world in which we are not dealing with a global pandemic, following a DUI arrest, if one of the two circumstances above are true, the accused has 30 days from the date of the arrest to file an appeal of his/her license suspension. Due to the concerns and difficulties surrounding Covid-19, the State of Georgia has extended the deadline, which allows the accused to file an appeal within 120 days of arrest. This gives individuals charged with a DUI much more time to consider all their options following their arrest. However, if the appeal is not filed within the new extended deadline then the driver’s license of the accused will be suspended. In Georgia, there are two different types of license suspensions:

  1. 12-month suspension: This is also known as a “hard suspension.” This type of suspension happens if subsection (1) above occurs. In other words, the accused refused to comply with either a breath, blood, or urine test following the reading of the Implied Consent notice. For this suspension, there are no forms of temporary or restricted licenses. If the accused does not file an appeal or fails to install an interlock device within the stated time frame, his/her license will be suspended for an entire year.
  2. 30-day suspension: This type of suspension occurs if the circumstances surrounding the arrest mirror subsection (2) above. This means that the accused consented to a breath, blood, or urine sample and the results of that sample showed that his/her blood alcohol content was above the legal limit. During this 30-day suspension, if the accused attends a Georgia DUI School and pays a reinstatement fee of $210, the accused can obtain a restricted license, and furthermore, have their driver’s license reinstated after 30 days.

At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI arrest, including the possibility of a license suspension. Therefore, our attorneys are knowledgeable about all possible options for our clients and have vast experience dealing with such appeals. Therefore, if you have been arrested for a DUI and are potentially facing a license suspension, please call our office today at 404-581-0999 for a free consultation.

Theft by Receiving Arrest in Georgia

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Georgia law has two different statutes that address the crime of theft by receiving. The first section defines the offense of receiving stolen property while the second Georgia statute describes receiving property that was stolen from another state.

The first statute describing the crime of theft by receiving is transcribed in O.C.G.A. § 16-8-7. In this section, theft by receiving occurs when a person receives, disposes of, or retains stolen property, which he/she knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the rightful owner.

In order for the prosecution to convict a person of theft by receiving, it must prove beyond a reasonable doubt the following four elements. These elements include:

  • The accused bought or received the goods in question;
  • The goods in question have been stolen by some person other than the accused;
  • At the time of the transaction, the accused knew or should have known that the goods in question were stolen; and
  • The accused acted with criminal intent.

Therefore, if the direct and uncontested evidence proves that the accused is the original thief of the goods in question then the accused cannot be convicted of theft by receiving. Furthermore, even if the accused is not certain, but has reason to believe that the goods in question are stolen, the accused may have committed theft by receiving according to Georgia law.

The second section regarding the crime of theft by receiving is described in O.C.G.A. § 16-8-8. This statute is read in the same manner as O.C.G.A. § 16-8-7, except for the fact that the property in question was received, disposed of, or retained in another state other than the state of Georgia.

Value of Goods

In determining whether the theft by receiving charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, and then received by the accused. For misdemeanor theft by receiving convictions, usually the value of the goods in question must be estimated at a value less than $1,500. For a felony conviction, the goods in question must at least be valued at $1,500 or more. However, if the value of the goods is estimated at more than $1,500, but less than $5,000, the judge has discretion in sentencing the accused to either a misdemeanor or a felony. This is also true for theft by receiving offenses in which the value of the goods is at least $5,000, but less than $25,000.

Contact Us

Due to the severity of the punishment for a theft by receiving conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by receiving, 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 receiving, please call our office today at 404-581-0999 for a free consultation.

Georgia Ignition Interlock Device Limited Permit after DUI Arrest

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Following a DUI arrest, the State of Georgia has authority to suspend the driver’s license of the accused in a civil proceeding, which is separate from the criminal case, if one of the following occurs:

  1. After the accused has been arrested, the officer on the scene read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine his/her blood alcohol content; OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an interlock device in his/her vehicle for the duration of the suspension. However, in this blog we will solely discuss the latter.

INTERLOCK DEVICE

If the DUI arrest mirrored the situation described above in subsection (1), the accused has 30 days from the arrest to install an interlock device in their vehicle AND apply for an interlock device permit with the Georgia Department of Driver Services. The installation of the interlock device must be installed PRIOR to applying for the permit and it must be installed for a period of 12 months. In Georgia, this has become a viable alternative to a license suspension if the accused after a DUI arrest has refused to comply with a breath, blood, or urine sample.

However, not everyone who is arrested with a DUI will be eligible to install an interlock device in their vehicle as an alternative to a license suspension. The following must pertain to the accused in order for the accused to be eligible to install an interlock device in their vehicle:

  • Must have a Georgia driver’s license;
  • Be 21 years or older;
  • Have no other active license revocations or suspensions; and
  • No previous DUI convictions in the last five years.

Additionally, if the accused meets any of the following criteria, he/she is not eligible for an interlock device:

  • Drivers with out-of-state licenses;
  • Drivers with an ALS suspension in the previous five years;
  • Drivers whose DUI case involved an accident with serious injury or death;
  • CDL drivers, unless the license is downgraded to non-commercial during the suspension.

At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI arrest, including the possibility of a license suspension. Therefore, our attorneys are knowledgeable about all possible options for our clients and we work tirelessly to advocate for them. Therefore, if you have been arrested for a DUI and are potentially facing a license suspension, please call our office today at 404-581-0999 for a free consultation.

Theft by Conversion Arrest in Georgia

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In Georgia, like other theft offenses, a theft by conversion charge can be prosecuted as a misdemeanor or a felony, depending on the value of the property converted. According to § O.C.G.A. 16-8-4, theft by conversion occurs when a person lawfully obtains another individual’s funds or property and then unlawfully converts such property to his/her own use.

In order to convict an accused for theft by conversion, the elements of the offense must be proven by the prosecution beyond a reasonable doubt:

  • The accused lawfully obtained funds or property of another;
  • The funds or property were obtained by an agreement between the accused and the owner;
  • The agreement required that the accused used the funds/property for a particular purpose;
  • However, instead, the accused knowingly converted the property for his/her own use.

Value of Property

In determining whether the theft by conversion charge will be characterized as a misdemeanor or a felony depends on the value of the property converted. In Georgia, funds or property valued at less than $500 are generally charged as misdemeanors. Alternatively, if the property in question is valued at a price greater than $500, the prosecution may file felony charges against the accused.

In these types of cases, the value of the property is determined by properly measuring the fair cash market value either at the time and place of the alleged theft or any stage during the receipt or concealment of the property in question.

Defenses

An experienced criminal defense attorney can assert affirmative defenses to either request a reduction in the penalties of a theft by conversion conviction or receive a dismissal of all charges. Thus, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations.

Such affirmative defenses include, but are not limited to:

  • Lack of intent;
  • Consent;
  • Accused used the property as intended;
  • Innocence;
  • Intoxication, if it negates intent;
  • Charges should be reduced, because the property value was less than the prosecution alleged.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by conversion, as well as all possible options for an accused dealing with such a serious offense. 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 conversion, please call our office today at 404-581-0999 for a free consultation.

Theft by Deception Arrest in Georgia

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According to § 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. However, deceitful means does not include statements of exaggeration that are unlikely to deceive the rightful owner or false statements as to matters that have little to no financial significance.

Some examples of theft by deception include, but are not limited to:

  • Billing someone for a job that an accused did not complete;
  • Making false statements to persuade the rightful owner to let the accused take their property;
  • Selling property when the accused knew that there was a lien/ some other loan attached to it.

Value of Property

In determining whether the theft by deception charge will be characterized as a misdemeanor or a felony depends on the value of the property stolen. In Georgia, goods or property valued at less than $500 are generally charged as misdemeanors. Alternatively, if the property or goods in question are valued at a price greater than $500, the prosecution may file felony charges against the accused.

Defenses

An experienced criminal defense attorney can assert affirmative defenses to either request a reduction in the penalties of a theft by deception conviction or receive a dismissal of all charges. Thus, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations.

Some affirmative defenses to theft by deception include, but are not limited to:

  • Actual innocence;
  • Lack of intent;
  • Future payment: In Elliott v. State, 149 Ga. App. 579 (1979), the court found that the accused could not be convicted for theft by deception when he arranged to pay for the goods in question by making a promise to the rightful owner of future payment. The court found that there was no theft by deception, because there was no false representation made, the accused made a good faith promise of future payment;
  • Charges should be reduced, because the property value was less than the prosecution alleged;
  • Continuous criminal act: if the prosecution alleges that multiple items were stolen; an experienced criminal defense attorney could instead argue that the string of thefts constituted only one continuous crime. This would reduce the number of counts of theft that the State of Georgia has brought forward against the accused, and likely, will reduce the sentencing of such a charge.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by deception, as well as all possible options for an accused dealing with such a serious offense. 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 deception, please call our office today at 404-581-0999 for a free consultation.

Theft by Taking Arrest in Georgia

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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.

Theft by Shoplifting Arrest in Georgia

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In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a law in which the offense is charged as a misdemeanor, or in more serious cases, a felony.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. In Georgia, 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 prosecution may file felony charges against the accused.

Furthermore, the State of Georgia can prosecute an accused for a felony offense if he/she allegedly stole items from three different stores in the same county, within seven days of each other, if the cumulative value of the goods stolen exceeds $500. Additionally, an accused’s criminal history of past theft may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. However, following a felony theft by shoplifting conviction, a judge could sentence you between 1-10 years in prison. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, 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 charges by either getting them dismissed by bringing forth affirmative defenses to such allegations or requesting for a reduction in the penalty of such charges.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, 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 shoplifting, please call our office today at 404-581-0999 for a free consultation.

Facial Recognition Software in Georgia Policing

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Since 1956, law enforcement agencies have used video surveillance systems as a means of deterring, preventing, and prosecuting criminal acts. The miniaturization and decreasing cost of this technology now allows police departments across the United States to film suspects with hidden cameras.

 

But even more recently, facial recognition technology is being utilized in the criminal justice system. Facial recognition software uses algorithms to recognize and then represent patterns and relationships in human and facial features. These patterns and relationships are then compared to known photographs from a watch list, a video library of individuals stored in a law-enforcement database. The software offers a percentage score based on how confident the system is about a identification. Faces that do not match the database are immediately discarded.

 

In 2020, the Atlanta Police Department began using this technology to further their police practices. APD uses a software program called Clearview AI in order to identify suspects. The Supreme Court of Georgia recently issued a decision highlighting the use of such technology in Reeves v. State (S20A1005). In Reeves, investigators identified a murder suspect from photographs on Instagram. This photo was sent to the DMV who used facial recognition software to create a pool of potential suspects. The software indicated that the suspects drivers license photo was the best match. After determining the suspect was the one shown in the Instagram photos, detectives created a six person photographic array, which was then shown to the surviving victims. From the photographic array the shooter was identified.

 

The ability and quantity of these biometric applications is increasing everyday. In addition to facial recognition software, we can expect law-enforcement to develop and use other identification methods such as voice recognition, signature recognition, fingerprint imaging, and measurement scans, hand vein mapping, iris recognition, and retinal scans

 

These technologies have raised privacy considerations in our legislature, case law, and public discourse. While the use of facial recognition software presents a novel question to the courts, current case law suggests a willingness to approve the use of audio and video recordings as evidence in criminal cases, even without a search warrant in some instances. Over time, we can expect our definition of privacy to shift towards offering less protection as the scope of our constitutional rights are narrowed by emerging biometric technology.

 

Contact Us

 

If you or a loved one is facing criminal prosecution, please contact our office today at 404-581-0999 for a free consultation. Our firm has specialized knowledge and experience in handling criminal cases in multiple jurisdictions across Georgia.