DeKalb County Georgia Criminal Law – Family Violence Battery in DeKalb County

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A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors.   For some clients, this is their first interaction with law enforcement and their concerns include: jail time, a permanent mark on their criminal history , and the possibility of trial.   All of these concerns are very real when facing Family Violence Battery charges. This is especially true when charged with Family Violence Battery in DeKalb County. This jurisdiction has specifically allocated money and resources in aggressively prosecuting domestic violence charges.  This article aims to explain the nature of the offense, punishments, and how these cases are handled within DeKalb County.

The Offense

Georgia Criminal Code § 16-5-23.1 defines domestic violence (named “battery – family violence”) as whenever a battery, an intentional physical harm or visible bodily harm, is committed against “past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.”

Therefore, in order to be charged with Family Violence Battery, the alleged victim must be within a certain relationship of the defendant:

  • A spouse
  • Persons who are parents of the same child
  • Children
  • Step-Children
  • Foster Children
  • Other persons living in the same household (roommates)

Punishment

A first conviction for Family Violence Battery is a misdemeanor that carries a maximum penalty of 12 months in custody and a $1000 fine.  A second or subsequent conviction with the same family member (as classified above) or another family member results in a felony conviction with a maximum penalty of five years in prison.   O.C.G.A. 16-5-23.1.

While a first lifetime conviction of Family Violence Battery appears to be just a misdemeanor, there are several collateral consequences unknown to most people.  For example, because Georgia’s classification of Family Violence Battery falls within the Federal definition of “domestic violence,” a Georgia citizen who is convicted of Family Violence Battery is prohibited from possessing a firearm under Federal Law.

Furthermore, while the maximum penalty includes 12 months in custody and a $1,000 fine, many judges throughout the State will also require individuals convicted of Family Violence Battery to serve time on probation (in lieu of jail time), but with the conditions of completing a domestic violence program.  These programs go by several different names (usually Domestic Violence Intervention Program – DVIP), but they generally include 24 weeks of classes, counseling, and program fees that are not included in the fine ordered by the judge.  In addition, judges can add community service, counseling requirements, fines, and alcohol and drug evaluations.  It is important to know that your attorney can negotiate all of these things.

How it Works in DeKalb

The first step after arrest is getting a bond. If charged with misdemeanor Family Violence Battery, the law provides you shall be given a bond (in all misdemeanor cases).  But, in addition to having to pay bail money to bond out, the judge will also typically impose a No Contact provision as a condition of your pre-trial release. For example, in a case where a husband is accused of battering his wife, and the couple have minor children who live with them, a judge will usually order the defendant to have No Contact with the wife (alleged victim), the children, and be prevented from returning to the shared home. This No Contact provision places a great burden and strain on the accused as a violation of this bond condition (any form of contact, direct or indirect) can land the accused person in custody until the case is resolved. Therefore, the accused has to find alternative living arrangements and be estranged from their family.

As a result, our office routinely files a Motion to Modify Bond Conditions to change the No Contact provision to No Violent or Harassing Contact. This will allow the accused to return home and have contact with the alleged victim and anyone else protected under the bond order; allowing the accused to return to some semblance of a normal lifestyle.

After arrest, a case file is created with the DeKalb County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within DeKalb County. At first, the case will be “unaccused.” This simply means that no accusation has yet been filed on the case. An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case. In DeKalb, an unaccused case is represented by an “S” case number. It is important to note in DeKalb, unaccused cases are still scheduled for an arraignment date. If the case remains unaccused by the time arraignment is scheduled, the case will automatically be continued by the Clerk’s Office. If the case, however, is accused by the time of the arraignment date, the accused will be expected to appear in court and enter a plea to the charges. An experienced attorney should periodically check to see whether the case has been accused prior to arraignment.

It is possible to resolve a Family Violence Battery charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the DeKalb County Domestic Violence Pre-Trial Intervention Program. If the accused successfully completes the DVPTI program, their charges will be dismissed with their records restricted.

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” This is indicated by a “C” case number. If accused and not eligible for DVPTI, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, DeKalb County prosecutors are largely unwilling to outright dismiss Family Violence Battery charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to Family Violence Battery or proceed to trial.

DeKalb County State Court prosecutors will often include multiple counts of Battery, Simple Battery, and Family Violence Battery within the accusation.  Unfortunately, many people go to court on their first court date, without exploring the consequences of a Family Violence Battery conviction, and enter a plea.  Whether the person committed the acts alleged or they simply just want to put this chapter of their life behind them, even though they’re innocent, it’s vital to consult with an attorney.  At the very least, an attorney can discuss the implications of being convicted of Family Violence Battery.

Contact Us

Being charged with Family Violence Battery can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every Family Violence Battery case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with Family Violence Battery, please contact our office today at 404-581-0999 for a free consultation.

Georgia Criminal Defense Attorney – Elder Abuse in Georgia

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Elder abuse cases trigger intense prosecutions across the State. Many county District Attorney Offices’, including Fulton and Cobb, have a specialized unit dedicating to bringing forth elder abuse charges. It is for this reason, it is imperative to have an attorney on your team soon as the investigation begins, and especially before speaking to law enforcement. 

                  Elder abuse is broad and includes several different definitions. Georgia law has criminalized the acts of knowingly and willingly exploiting an elder person or disable adult. Exploiting means improperly using the elder or disabled person’s resources through undue influence, coercion, harassment, deception, or other similar means for one’s own profit or advantage.

Georgia law has also criminalized the acts of inflicting pin, physical injury, sexual abuse, mental anguish, or unreasonable confinement on an elder person or disabled adult. It is also illegal to willfully withhold essential services to this category of protected citizens. An elder person is a person 65 years or older. A disabled adult is a person over 18 years old who is mentally or physically incapacitated or has Alzheimer’s or dementia.

What is the punishment for Elder Abuse in Georgia?

If convicted, it is treated as a felony punishable from 1 to 20 years imprisonment, and/or a fine of up to $50,000. If you are charged with threatening or intimidating an elder who is the subject of a report made, or any other person cooperating with law enforcement on the matter, it will be charged as a high and aggravated misdemeanor with the maximum sentence of 12 months in jail and/or a fine of up to $1,000.

If you are charged with Elder Abuse anywhere in Georgia, please
do the following:

1.     Call an attorney who has the specialized expertise to handle an Elder Abuse
case.

2.     Do not talk to the police without an attorney
present.

3.     Do not talk to any of the witnesses or victim.

4.     Let your attorney handle any interviews.

5.     Do not in anyway obstruct or impede the police
investigation. 

6.     Make a list of any witnesses who may help your
case and turn that list over to your attorney. 

If you are charged with Elder Abuse anywhere in the State of Georgia, it is
imperative that you get an attorney immediately. We will be glad to sit down
with you anytime for a free consultation. Call our office 24/7 at 404-581-0999.

Georgia Criminal Law – I Lied to the Police, What Happens Now?

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Being questioned by the police is unpleasant. This is true whether the person being questioned is a suspect, a witness, or an alleged victim in a criminal case. But, however discomforting it may be, police questioning is a critical part of the policing process and administration of justice. Therefore, there are several criminal laws against the providing of false information to the police. This article serves to explore the laws of giving a false name, making a false police report, and making a false statement to the police, what the punishment is, and practical guidance on what to do if you have done one of these things.

False Statement to Police & Penalty

Georgia law, O.C.G.A. § 16-10-20 provides, a person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be guilty of a felony, punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

False Report of a Crime in Georgia & Penalty

Pursuant to Georgia law, O.C.G.A. § 16-10-26, a person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor. Misdemeanor charges are punishable by a penalty of a $1,000 fine, one year in jail, or both.

Giving a False Name in Georgia & Penalty

Under Georgia law, O.C.G.A. § 16-10-25, a person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birth date is guilty of a misdemeanor. Misdemeanor charges are punished as a $1,000 fine, one year in jail, or both.

I’ve Made a False Statement, What Do I Do?

If you made a false statement as a suspect in a criminal case, then you should absolutely obtain a criminal defense attorney to represent you. A trained and experienced attorney can assist you in raising legal defenses, challenges, and mitigating evidence.

If you have made a false statement as an alleged victim, you should consider the following courses of action:

  • Contact the Prosecuting Office: before you contact the prosecuting office (District Attorney for felonies and Solicitor General for misdemeanors), you should know exactly who it is you will be speaking to. You may be directed to the actual prosecuting attorney who is handling the case, a Victim Witness Assistant who generally oversees witness communication, or a legal assistant.
  • Explain the False Statement: when a person makes a false police report or statement to police about an alleged crime committed by an innocent person, they are impacting the freedom of the accused person. It is imperative the false statement be corrected so the innocent person may be exonerated. This comes with the understanding that taking responsibility of the false statement could cause the prosecuting attorney to charge you with one or more of the above offenses.
  • If You Are Ultimately Charged: you should contact a criminal defense lawyer who can assist you in raising defenses, challenges, and mitigating evidence.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Lamar County Georgia Drug Crimes

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If you have been charged with a drug crime in Lamar County, you have come to right place.  Even though less than 3 miles of I-75 runs through the corner of Lamar County, you can almost guarantee that there will be one or more officers policing that little strip of interstate at any given time.  Make no mistake about it, those officers are there to write traffic citations and will always have an eye towards sniffing out drugs in your vehicle.  This is how a majority of drug cases begin in any county, but Lamar County really capitalizes on its little stretch of interstate.

So we will assume that if you are charged with a drug crime in Lamar County, that your case likely started as a result of an automobile search for the time being.  Please refer to our previous blogs if your case happens to be the result of some other encounter such as a search of your residence or an encounter with an officer on foot.

The first step in defending any automobile search is to attack the basis for the stop of the vehicle.  I.e. the officer had no reason to stop you and thus it was an illegal search and seizure based on a bad stop.  The second step is to determine how exactly the officer got his or her hands on the drugs.  Hopefully, you did not consent to the search or willingly hand over the drugs since the officer still needs a valid warrant (or likely one of a number of exceptions to the warrant requirement) to search your vehicle.  If you did consent, then you have waived any further argument about an unlawful search and seizure, but we can still attack the basis for the initial stop and attack your “consent” as being coerced by the officer.  There are a number of exceptions to the warrant requirement, but that is precisely the reason you consult with and ultimately hire the best defense attorney you can find.  For drug crimes in Lamar County, we’ll ensure you get the best possible outcome.  Call us today at 404-581-0999 for your free consultation.

Georgia Criminal Law – Fulton Orders Stay-at-Home or Face Criminal Sanction

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On Tuesday, March 31, 2020, Dr. S. Elizabeth Ford, district health director of the Fulton County Board of Health signed an order requiring all residents of Fulton County to stay in their residence. Individuals are “permitted to leave their places of residence only to provide or receive certain essential services or engage in certain essential activities and work for essential businesses and governmental functions.”

A violation of this order constitutes a misdemeanor offense which carries a maximum punishment of up to 12 months in jail and a $1,000 fine, or both.

According to the order, residents may leave their home for “essential activities” to ensure the health and safety of themselves, their families, or their pets. Outdoor activity like walking or running is allowed so long as social distancing is maintained (six feet apart from each other).

“Essential businesses” in Fulton County include:

  • Healthcare operations
  • Grocery stores
  • Farming, livestock, fishing
  • Businesses that provide food, shelter and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals
  • Newspapers, television, radio, and other media services
  • Gas stations, auto-supply, auto repair
  • Banks
  • Hardware stores
  • Hotels, motels, conference centers – but only to provide shelter not for gatherings
  • Plumbers, electricians, exterminators
  • Businesses providing mailing and shipping services, including post office boxes
  • Educational institutions for the purpose of facilitating distance learning
  • Laundromats, dry cleaners
  • Restaurants for drive-thru, deliver or carry-out
  • Cafeterias in hospitals, nursing homes, or similar facilities
  • Businesses that supply products for people to work from home
  • Home-based care, and residential facilities for seniors, adults or children
  • Legal or accounting services
  • Veterinary care facilities, animal shelters or animal care
  • Bike shops
  • Childcare facilities
  • Janitorial services
  • Funeral homes, crematories and cemeteries, while maintaining social distancing
  • Utility, water, sewer, gas, electrical, oil refining, roads and highways, railroad, public transportation, ride share, solid waste collection, internet services

All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes above. Nothing in the order prevents the gathering of members of a household or living unit. This order will remain in place until rescinded.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

How Will the Corona Virus Affect My Criminal Case?

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            COVID-19 continues to have worldwide impact on everyday life. The new normal is unlike anything anyone in our lifetime has experienced. Terms of “Shelter in Place” and “Stay at Home Orders” are on every news station and radio broadcast. You may be wondering legally what it all means – and how it will affect your criminal case in Georgia.

            If you have a criminal case pending, your case is likely being impacted. On March 14, 2020, Chief Supreme Court Justice Harold D. Melton issued an order declaring a statewide Judicial Emergency.  (YOU CAN LINK THE ORDER HERE: https://www.gasupreme.us/wp-content/uploads/2020/03/CJ-Melton-amended-Statewide-Jud-Emergency-order.pdf)  The current order is in effect for 30 days, or until April 13, 2020 at 11:59pm, unless it is further extended. In that order, Justice Melton suspended all judicial operations for non-essential functions. This means that regular calendar calls, jury trials, status hearings, and plea dates will not be occurring as scheduled. No grand jurors or trial jurors will be empaneled to try a criminal case during this time. 

            Courts will remain open to address issues that are “necessary to protect health, safety and liberty of individuals.” Hearings involving motion for bond are still occurring. This means that if you or a loved one is arrested during the judicial emergency, a first appearance and bond hearing will still occur. More and more jurisdictions are allowing these hearings to take place via video conferencing. In fact, Justice Melton, through the order, encouraged Courts to handle court functions via videoconferencing when possible in order to continue the essential business of the Court while protecting citizens, judges, and lawyers from exposure to the coronavirus.

            Temporary protective orders (TPOs), commonly known as restraining orders will also continue to be addressed as normal given that these hearings are deemed necessary to protect safety of individuals in that they involve domestic violence. Juvenile detention hearings, as well as mental commitment hearings, will continue to operate normally pursuant to the judicial emergency order. Hearings for the applications for criminal search warrants and arrest warrants will also continue to occur normally which means that law enforcement are still investigating and arresting individuals accused of crimes.

            Other ways that your criminal case will be affected are that many deadlines commonly practiced in criminal cases are suspended. For example, the statute of limitations for the State of Georgia to bring formal charges against you is tolled. Typically, the State is required to file formal accusation or indictment within two years of arrest for misdemeanors, and four years of arrest for most felonies. Due to the judicial emergency it is possible that the State will bring charges after the typical statute of limitation has run.

            Additionally, if someone with a current criminal case has a pending speedy trial demand filed, the deadline at which the State must try the case will also be suspended pursuant to the Judicial Emergency Order. Typically, when a speedy trial demand is filed, the case must be tried by the following term of court. This deadline has been suspended in Georgia and thus speedy trials will take longer to occur than normally.

            Once the coronavirus is contained and courts re-opened, you will receive your next court date, and your case should proceed through the justice system at that point, albeit with certain delays. For now, in order to protect individuals and those who work in the justice system, business is not as usual. However, we at the Law Office of W. Scott Smith continue to work around the clock on behalf of their clients and are prepared to hit the ground running where our cases were left off and will work tirelessly to assist in the release of people in custody. If you or a loved one has any questions about their criminal cause during the coronavirus, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Statewide Shelter in Place Order

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By: Mary Agramonte           

A Statewide shelter-in-place order will go in place today, Friday April 3, 2020 at 6:00p.m. The order is to stay in effect until April 13, 2020 at 11:59pm. It is an Executive Order requiring everyone to remain home unless conducting Essential Services, Minimum Basic Operations, or Critical Infrastructure.

You may be wondering what this all means. What is considered essential? And what if I am out doing non-critical infrastructure work? Will police be making arrests for this? Will I be prosecuted?

Essential Services

            During the Shelter in Place Order, you may leave the home to conduct Essential Services. This includes getting food and medication for you and your family, although pick up and delivery should take preference according to the Order. You may continue to exercise outside so long as there is six feet between other people. You can seek medical, behavioral health, and emergency services during the Shelter in Place Order.

            Minimum Basic Operations

            The second category mentioned in the Order that allows travel outside the home is “Minimum Basic Operations.” This part is extremely limited. Unless your business is defined as Critical Infrastructure, discussed later in this article, the minimum basic operations only allow you to leave the home for minimum necessary activities to maintain value of the business. This means process payroll and facilitating employees to work from home. Companies with employees who work outdoors can continue working including delivery, contractors, landscapers, and agriculture. If a business is conducting Minimum Basic Operations, the order requires screening of employee health, required time off if sick, providing protective equipment as available, implementing staggered shifts, and prohibiting workers gathering.

            Critical Infrastructure Work Force

            The third category of exemptions to the Shelter in Place Order is for Critical Infrastructure. This refers to businesses that have been defined by the United States Department of Homeland Security as “essential critical infrastructure workforce.” This includes workers in Communications, Energy, Government Facilities, Healthcare, Food Services, Nuclear Work, Legal Services, Financial Services, among others. Critical Infrastructure that continues in-person operations must implement measures to mitigate exposure and spread of COVID-19. This means enhancing sanitation of workplace, requiring hand washing, providing personal protective equipment as available, and prohibiting gatherings of workers. Video conferencing is strongly encouraged in all sectors.

            Forbidden Activities

Activities strictly forbidden by the order are in-room dining restaurants, bars, gyms and fitness studios, and live performance venues. Additionally, beauty and massage businesses must close.

During the Shelter in Place Order, visitors to the home are forbidden. This means it is against the law to have friends or family from outside the home come visit. Obviously, visitors providing medical services or supplies are allowed, as well as visitors coming by to provide necessary food and supplies, to the extent practicable without using in-person contact. Visitors can still be received during end-of-life circumstances.

Will I be Arrested or Cited for Violating the Order?

Pursuant to O.C.G.A. 38-3-7, any person who violates the Order will be guilty of a misdemeanor offense. Misdemeanors in Georgia carry a punishment of up to 12 months in jail and/or a fine of $1,000. The Order does direct law enforcement to take reasonable steps to provide notice before issuing a citation or making an arrest. Police are empowered by law to make citations and arrests, and prosecuting attorneys office will investigate and bring formal charges should they choose when courts re-open.

Read the full Statewide Shelter in Place Order Here: https://gov.georgia.gov/document/2020-executive-order/04022001/download

The Law Office of W. Scott Smith, as a legal services provider, is entitled to work during this time, and we continue to be available 24/7 for our clients and for FREE CONSULTATIONS on criminal charges. Call us today at 404-581-0999 if you or a loved one has a criminal issue during this time.

Georgia DUI Law – Department of Driver Services COVID-19 (Coronavirus) Updates

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On March 30, 2020, the Department of Driver Services (“DDS” also known as the DMV) issued an update regarding court proceedings in a letter addressed to criminal defense attorneys in Georgia. This article serves to summarize those important updates provided by DDS.

What Services Are Available?

As of right now, DDS remains open for non- customer-facing services. These include online services, DDS 2 GO mobile app, and other services requiring headquartered staff. Customer-Facing services across the State will be closed until April 1, 2020. After April 1, services will resume, but by appointment only.

Reinstatements, replacement licenses, and driving history and reinstatement eligibility  may be processed online and through the DDS 2 GO app. You can check the status of your driver’s license at online.dds.ga.gov/dlstatus.

Driver’s License Expirations

All Georgia driver’s licenses with set to expire from March 14, 2020, through June 30, 2020, will receive an automatic 120 day extension. Cardholders should expect to have new credentials sent to them via mail.

FTA Suspensions

DDS recognizes those individuals with pending FTA suspensions will not be able to resolve their FTA issues with the courts since courts are closed or are offering only limited services at this time. Therefore, DDS is delaying FTA suspensions for an additional 60 days.  DDS urges customers to check their driving history through their online services.

ALS Hearings and Driving Privileges

Because the Office of State Administrative Hearings has suspended ALS Hearings, DDS has decided to extend the 45 day temporary driving permit (issued with 1205 form) for 90 days. This extension will enable drivers to continue driving until normal operations resume. Additionally, DDS will continue to process ALS hearing requests and has also extended the filing deadline for ALS hearings from 30 days to 120 days (measured by the date of arrest).

Requesting Ignition Interlock Driving Permits

DDS is granting customers requesting Ignition Interlock Limited Driving Permits more time for their requests given DDS Customer Service Centers will be closed until April 1. Once the Service Centers re-open, customers these permits will be able to obtain a permit beyond the 30 day deadline.

Contact Us

If you or someone you know has been arrested for DUI, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Atlanta Georgia Criminal Law – Theft of Services

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In Georgia, it is against the law to avoid payment of services, entertainment, accommodations, or the use of personal property. This is known as Theft of Services, found at O.C.G.A.  § 16-8-5.

Examples of Theft of Services include utilizing a cleaning or lawn care company, and then not paying. Other service examples could be legal services, hair styling services, or accounting services. Simply put, it is against the law to use someone’s services and then avoid payment. Theft of services in Georgia also includes theft of utility services like water and electricity. In that situation, you can be charged with numerous crimes for tampering with electric or water meters.

  In order for Theft of Services to be a criminal issue, thus potentially involving loss of liberty and a criminal history, the State must prove that the avoidance of payment was done by deception and with the intent to avoid the payment. Without deception and criminal intent, theft of services is more accurately defined as a civil or monetary legal issue, versus a criminal one. If the State is unable to prove deception or criminal intent to avoid the payment, there is a strong defense case for an acquittal. This is because civil courts are filled with people not paying other people back. In most instances, it is a contract issue. However, if there is the criminal intent to avoid payment and done so deceptively, the prosecuting attorney will bring the case to court.

So what is deception? Deception is defined in Georgia law for purposes of Theft of Services as providing knowingly false information to another with the intention to avoid payment. For example, Georgia law has held deception to be found when the suspect used a forged check to pay for lawn mower repair. In that situation, the State proved deception via the falsifying check as well as intention to avoid payment as the person never returned to make the payment.

What is the Punishment for Theft in Georgia?

  • If Theft of Services amount is:
    •  Less than $1,500: the maximum punishment is 12 months in jail and/or $1,000.
    • $1,500.01 – $5,000: 1 to 5 years imprisonment
    • $5,000.01 – $24,999.99: 1 to 10 years imprisonment
    • $25,000 or more: 2 to 20 years imprisonment

Note that there is increased punishment if the theft involved a fiduciary in breach of a fiduciary obligation. 

                So long as the amount of theft is less than $25,000, the trial court actually has discretion to treat it as a misdemeanor. Misdemeanors, if convicted, carry less harsh sentences. Misdemeanors also do not require the forfeiture of civil rights (i.e. to carry a firearm or sit on a jury).

                If you or a loved one has been arrested for Theft of Services, or any type of Theft case in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Criminal Law – Pre-Trial Intervention in Fulton County Non-Complex Cases

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Since December 12, 2007, Fulton County has designated certain non-violent felony cases to be processed expeditiously through a 9-week case management process within their “non-complex division.” In the non-complex division, “cases are monitored through timely indictment, opportunity for plea and arraignment, motions and trial. This handling of the felony non-complex calendar directly impacts the jail population, reducing length of jail stay and allowing those non-violent charges quicker resolutions, while allowing Superior Court judges to focus on managing and trying violent and more serious felony cases and other complex litigation.”

Because of this desire to resolve cases quickly, the State will often offer defendants plea offers at arraignment (very first court date). Generally speaking, a person accused of a felony should not enter a guilty plea at arraignment. This is because there has been no real opportunity to investigate the case, legal issues, and defenses. It is, however, highly suggested the person consider entering into Pre-Trial Intervention (PTI) Program if offered. 

What is PTI?

PTI is a diversion program, which is essentially a contract between the person accused and the State. On one end of the contract the person agrees to perform certain conditions (usually community service, counseling, classes, a program fee, clean drug screens, etc.). If the person successfully completes these conditions within the set period of time, the State then agrees to not prosecute (or dismiss) the case.

In Fulton County Non-Complex cases, the assigned District Attorney (prosecutor) makes the decision whether to offer PTI. If offered and accepted, the case then goes to a coordinator with the PTI program and is temporarily removed from the Court’s docket. All communication and performance of the program goes through the diversion coordinator.

If offered and the person does not accept, the person has to decide whether to plead guilty or go to trial. Similarly, if you accept PTI, but for whatever reason, are removed from the PTI program, your case will be then placed back on the trial calendar. The benefit here is that removal from the program will not cause a guilty plea to go into effect. As a result, entering into PTI is a low risk high reward opportunity. A person may be removed for missing meetings, failing drug screens, or failure to communicate generally.  

Your Criminal History and What to Ask For

The benefit of PTI is that your case is dismissed upon successful completion. Ideally, your record should also automatically be restricted. A record restriction will prevent the general public from seeing the dismissed case on a background check through GCIC. A non-restricted record will show an arrest for the crime and that the crime was ultimately dismissed. Therefore, if you are offered PTI in Fulton Non-Complex, you want to ensure the prosecutor and PTI coordinator understand and agree in writing to an automatic record restriction. If this is not a written part of the PTI agreement, you will have to apply for record restriction yourself after completion of the PTI program.

Contact Us

An experienced attorney can assist you in obtaining a PTI offer, explaining the terms, and successfully completing the PTI program. If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.