FIRST OFFENDER

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The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence.

According to O.C.G.A. § 42-8-60, the accused may be eligible under the First Offender Act if the following statements are true:

  • The accused has never been convicted of a felony;
  • The accused have never been previously sentenced under the First Offender Act;
  • The offense charged is not a serious crime committed against a law enforcement officer engaged in his/her duties;
  • The offense charged is not Driving Under the Influence (O.C.G.A. § 40-6-391);
  • The offense charged is not a serious violent felony (O.C.G.A. § 17-10-6.1);
  • The offense charged is not a serious sexual offense (O.C.G.A. § 17-10-6.2);
  • The offense charged is not related to child pornography (O.C.G.A. § 17-10-100.2);
  • The offense charged is not related to electronic sexual exploitation of a minor, computer pornography (O.C.G.A. § 17-10-100);
  • The offense charged is not trafficking of persons for labor or sexual servitude (O.C.G.A. § 16-5-46); and
  • The offense charged is not neglecting disabled adults or elderly people (O.C.G.A. § 16-5-101).

HOW IT WORKS

Trial counsel for the accused must ask the judge to sentence him/her under the First Offender Act. Then, the judge will consider whether to sentence the accused to First Offender after he/she hears arguments from both the prosecution and the defense. If the judge sentences the accused under First Offender, his/her official criminal history will describe the disposition of the crime charged as “First Offender” until the sentencing term is successfully completed. If the accused violates any conditions placed on him/her during their term of sentence, including committing another crime, the judge has the discretion to revoke the First Offender status. This means that the accused will be sentenced and convicted, which will be shown on his/her official criminal history. In revoking one’s status, the judge does have discretion to sentence the accused to the maximum penalty for the crime charged. However, if the term of sentence is successfully completed, the clerk of court will seal the offense charged from his/her official criminal history.

CONTACT US

At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about the consequences of a criminal conviction on one’s record, as well as all possible options for our clients dealing with pending allegations. Therefore, if you have been recently arrested on a criminal charge or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.

Firing a gun in public in Atlanta

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Firing a gun in public in Atlanta is one of those situations where the legal consequences can escalate very quickly, even if no one is actually hurt. At the most basic level, the City of Atlanta has ordinances that generally prohibit discharging a firearm within city limits unless you are acting in lawful self-defense or at an authorized range. Because Georgia law limits how much cities can regulate firearms, those local rules tend to work alongside state charges rather than replace them. So in practice, if someone fires a gun in public, they are often facing both a city violation and one or more state offenses.

The most common starting point on the state side is reckless conduct under O.C.G.A. § 16-5-60. This is what prosecutors usually fall back on when someone fires a gun in a way that creates a risk to others, even if there was no intent to hurt anyone. Think of situations like firing into the air, shooting in a crowded area, or discharging a weapon in a neighborhood. It is a misdemeanor, but it still carries up to 12 months in jail. From there, additional misdemeanor charges often get layered on. For example, Georgia law makes it illegal to discharge a firearm within 50 yards of a public highway, which in a dense city like Atlanta is almost unavoidable. There is also a misdemeanor for firing on someone else’s property without permission, and another for discharging a firearm while under the influence, which is treated more seriously as a high and aggravated misdemeanor. On top of all that, officers sometimes add disorderly conduct as a kind of catch-all when the behavior is seen as alarming or disruptive.

Where things become much more serious is when the facts suggest any real danger to people or property. If a gun is fired in the direction of another person, even if no one is hit, that can be charged as aggravated assault, which is a felony carrying one to twenty years in prison. If bullets strike a car, home, or business, prosecutors may charge criminal damage to property, which can also be a felony depending on the level of risk involved. And if the gun is used during the commission of another felony, there is an additional charge for possession of a firearm during the commission of a felony, which carries a mandatory five-year sentence that must run consecutively.

Certain circumstances make things even worse. If the person firing the gun is already a convicted felon, simply possessing the firearm can lead to a separate felony charge. And if someone is injured or killed, the case can escalate to involuntary manslaughter or even felony murder, depending on how the incident is framed.

In real-world cases in Atlanta, these charges are rarely brought in isolation. Prosecutors tend to stack them. A single incident might include a city ordinance violation, reckless conduct, disorderly conduct, and then a felony like aggravated assault if others were nearby. What might seem like a momentary lapse in judgment, such as celebratory gunfire, can quickly turn into a case with serious jail or prison exposure.

Give our office a call TODAY and speak with one of our experienced attorneys at (404)581-0999.

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

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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 Dekalb 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!

 

Disorderly Conduct in Dekalb County

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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 Dekalb County State 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.

 

 

Proposed Georgia Bill Could Shift Self-Defense Burden to the State: What It Means for You

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By Scott Smith
Peach State Lawyer
Atlanta Criminal Defense Attorney

March 27, 2026

If you ever have to use force to protect yourself or your family in Georgia, the rules of the game might be about to change—and for once, the change actually favors the good guys.

A bill moving through the Georgia Legislature would flip the script on self-defense claims. Right now, if you raise a justification defense under OCGA 16-3-21, you carry the burden of proving it was reasonable and necessary. The new proposal would put that burden squarely on the shoulders of the State.

How Self-Defense Works in Georgia Today

Under current law, self-defense (including “stand your ground” situations with no duty to retreat) is treated as an affirmative defense. That means:

  • You have to introduce evidence supporting your claim.
  • At a pretrial immunity hearing or at trial, you generally must show by a preponderance of the evidence that your actions were justified.
  • The State doesn’t have to disprove your defense unless and until you meet your initial burden.

We’ve seen this play out in high-profile cases. The men convicted in the Ahmaud Arbery shooting tried to claim self-defense and still lost because they couldn’t carry that burden to the jury’s satisfaction.

What the New Bill Would Change

The legislation (tied to efforts like Senate Bill 572 and related House measures) would:

  • Allow defendants to file for pretrial immunity shortly after being charged.
  • Require the State to prove—by clear and convincing evidence—that the use of force was not justified.
  • Create a rebuttable presumption in favor of the defendant in qualifying self-defense cases.
  • Give people with legitimate self-defense claims a real shot at getting the case dismissed early, before enduring the full stress and expense of a criminal trial.

In plain English: Instead of you having to prove you were right to act, prosecutors would have to prove you were wrong. That’s a meaningful shift, especially in close cases where the facts are messy and emotions run high.

Supporters argue this better protects the presumption of innocence and gives law-abiding Georgians a fairer shake when they defend themselves. Critics claim it will make prosecutions harder and could shield people who shouldn’t be protected. Both sides have a point—but from where I sit in the defense trenches, this is a tool that could help keep innocent people out of prison.

Why This Matters If You’re Facing Charges

Self-defense cases are never simple. They often involve split-second decisions, conflicting witness accounts, and intense scrutiny of your actions. A pretrial immunity hearing with the burden on the State gives your defense team an earlier, stronger opportunity to end the case.

If this bill passes and becomes law, it could apply to pending cases depending on timing and effective date provisions. Even before it passes, understanding these evolving standards is critical when building a defense strategy.

Bottom Line

Georgia law already recognizes your right to stand your ground when you reasonably fear for your life or safety. This proposed change would make that right more meaningful in the courtroom by forcing the government to do the heavy lifting.

If you or a loved one is under investigation or has been charged in a self-defense, use-of-force, or stand-your-ground case in Atlanta, Fulton County, or anywhere in Georgia, you need experienced counsel who knows how to fight these battles. The difference between winning and losing often comes down to early strategy and understanding every available legal tool.

Contact our office today for a confidential consultation.
Scott Smith
Peach State Lawyer
100 Peachtree Street, Suite 2060
Atlanta, GA 30303
404-581-0999
Scott@peachstatelawyer.com

We fight hard for Georgians who had to make the hardest decision of their lives in self-defense. No lawyer speak, no fluff—just straight talk and aggressive defense.

The First 48 Hours After Arrest in Georgia: Mistakes That Can Sink Your Case

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Getting arrested in Georgia hits like a freight train—cuffs click, your phone’s gone, and suddenly you’re in the back of a patrol car wondering what the hell just happened. The next two days are make-or-break for your case. What you do (or don’t do) right then can turn a winnable situation into a nightmare, or preserve defenses that get charges dropped or reduced.

I’ve handled hundreds of these in Atlanta and across Georgia. People who act smart early walk out better; those who wing it often regret it for years. Here’s the no-BS rundown of the biggest mistakes I see in those critical first 48 hours—and how to avoid them.

  1. Talking to Police Without a Lawyer (The #1 Case-Killer)
    Police might say, “Just tell us your side and we can clear this up.” Don’t believe it. Anything you say—even “I didn’t mean to” or “It was an accident”—can and will be twisted against you. Georgia follows Miranda: you have the right to remain silent and to an attorney. Use both.
    Politely say: “I want to speak to my lawyer before answering any questions.” Then shut up. No explanations, no apologies, no chit-chat. Jail calls? Recorded. Conversations with cellmates? Snitched on. Even “helpful” comments to family can backfire if they get subpoenaed.
    Mistake example: Guy gets popped for a domestic, tells officers “She started it.” That one sentence turns a misdemeanor into felony aggravated assault territory. Silence preserves options; words close doors.
  2. Consenting to Searches You Don’t Have To
    Cops ask, “Mind if I look in your car/phone/house?” You can say no unless they have a warrant or an exception applies. Consent waives your Fourth Amendment rights and hands them evidence on a platter.
    In DUI stops, they might push for field sobriety or breath tests—know Georgia’s implied consent law. Refusing the post-arrest chemical test (breath, blood, urine) triggers an automatic one-year license suspension (first offense), no hardship permit during that time. But refusal can’t be used against you in court for breath tests (though it can for blood/urine in some cases). Weigh it carefully, but don’t consent blindly.
    Bottom line: If they ask permission, the answer is usually “No, I do not consent to any searches.”
  3. Posting About It on Social Media (Or Letting Friends Do It)
    That “Free me” Facebook post or Instagram story venting about the arrest? Prosecutors love it. They screenshot everything—your location tags, angry rants, photos with guns/alcohol. Even deleting doesn’t help; it’s already out there.
    Advise your family/friends: No posts, no tags, no discussions. One client had a buddy post “LOL they got him for weed,” turning a minor possession into intent-to-distribute suspicions. Keep your digital mouth shut.
  4. Missing or Blowing Off the First Appearance/Bond Hearing
    Within 48-72 hours (usually 24-48 if warrantless arrest), you’ll have a first appearance before a magistrate judge. They read charges, set initial bond, and inform rights. If you’re out on bond already, missing this can get a bench warrant issued fast.
    Show up. Dress decently. Don’t argue with the judge. If bond’s too high, a good lawyer can push for reduction at a follow-up hearing or preliminary hearing (often within days/weeks for in-custody folks). Ignoring it makes you look like a flight risk—judges remember that.
  5. Waiting Too Long to Get a Lawyer
    The clock starts ticking the second you’re arrested. Evidence disappears (body cam footage can get overwritten), witnesses’ memories fade, and prosecutors build their case. Waiting until arraignment or indictment is waiting too long.
    Get someone experienced in Georgia criminal defense on your side ASAP. They can:
  • Request discovery early
  • Spot illegal stops/searches
  • Negotiate bond reduction
  • Advise on whether to waive prelim or fight it
    I’ve seen cases where early intervention got felony charges dropped to misdemeanors or dismissed outright because we caught procedural screw-ups right away.

What Actually Happens in Those First 48 Hours (Quick Timeline)

  • 0-6 hours: Arrest, booking (prints, mugshot, property inventory), possible questioning (don’t answer).
  • 6-24 hours: You’re in jail. Make that one phone call wisely—call a lawyer or trusted person to get help.
  • 24-48 hours: First appearance/bond hearing. Judge decides if you stay locked up or get out (cash, surety, or own recognizance).
  • Next steps: Preliminary hearing for felonies (probable cause determination), or arraignment for misdemeanors.

The golden rule: Silence + lawyer = options. Panic + talking = handcuffs stay on longer.

If you or someone you know just got arrested in Georgia—Fulton, DeKalb, Cobb, Gwinnett, wherever—don’t guess. Time is everything. Call me at 404-581-0999 for a straight conversation about your situation. No fluff, just real talk and results. I’m Scott Smith, and I’ve been fighting these battles in Atlanta courts for years.

Stay smart out there. One wrong move can change everything—let’s make sure it doesn’t.

(This isn’t legal advice for your specific case—every situation’s different. Get personalized help fast.)

Super Speeder in Douglas County, GA

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If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Douglas 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.

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

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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 Fulton 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!

Criminal Attempt to Commit a Felony in Cobb County

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In Georgia, you don’t actually have to complete a crime to be charged with a felony. Georgia law says that a person can be charged with criminal attempt to commit a felony even if the crime was never successfully carried out.

O.C.G.A. § 16-4-1 says that a person commits criminal attempt “when, with the intent to commit a specific crime, he performs any act which constitutes a substantial step toward commission of that crime”. This means that the state must prove two elements: intent and a substantial step. The defense often lies here: simply thinking about committing a felony is not enough. There must be some clear action that moves beyond preparation and toward actual commission.

A substantial step is something is more than planning but less than actual completion. Courts look at whether the conduct strongly corroborates the defendant’s criminal intent. Examples of this might be attempting to break into a house but being stopped before entry or trying to sell drugs but being arrested during the transaction setup. An experienced criminal defense attorney will help differentiate between mere preparation (buying gloves and a mask) and a substantial step (trying to force open a door while wearing gloves and a mask).

Penalties for criminal attempt cases are generally one step lower than the completed offense. For example, if the completed felony carries a sentence of life imprisonment, the attempt may carry a sentence of 1-30 years. If the completed felony carries a fixed sentence, the attempt may carry no more than half the maximum sentence.

If you are facing criminal attempt to commit a felony in Cobb County, it is important that you hire a lawyer that understands the charges and can help uncover the most robust defense. The lawyers at W. Scott Smith, PC will fight to protect you in criminal attempt cases. Call our office at 404-581-0999 today for a free consultation.

Zero-Point Order in Doraville Municipal Court

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In Georgia, getting a speeding ticket or any other moving violation can add points to your driving record. As a result, these points can raise your insurance rates, put your license at risk of suspension, and create long-term problems.

Fortunately, a Zero-Point Order is a special option under Georgia law that allows a judge to ensure no points are added to your license—as long as you meet certain requirements. You will still have the violation on your record, and you will still need to pay a fine (sometimes a slightly reduced one). However, you avoid the points that could harm your driving record and increase your insurance costs.

Here’s why you might want to request a Zero-Point Order:

  • You take a state-approved defensive driving course.
  • You bring the course certificate to court.
  • The judge agrees to issue the Zero-Point Order.
  • Ultimately, you pay the fine (often reduced by about 20%), receive zero points, keep your record clean, and reduce the likelihood of an insurance increase.

If you received a speeding ticket in Doraville Municipal Court, and you want to protect your license while keeping your insurance costs down, a Zero-Point Order is definitely worth considering. Keep in mind, it isn’t automatic—you must take the course, appear in court, and obtain the judge’s approval—but it often pays off.

For guidance, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.