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In Georgia, a conspiracy charge basically means that two or more people agreed to commit a crime, and at least one of them did something to move that plan forward—even just a small step.

So, imagine you and a friend are talking about robbing a store. If you both agree to do it, and then one of you buys masks or scopes out the place, that could be enough for the state to charge you with criminal conspiracy—even if the robbery never actually happens.

The key elements are: 1) An agreement between two or more people to commit a crime, and 2) an “overt act”—which is just some action taken to help carry out the plan.

It doesn’t have to be a huge or illegal step. Something as simple as making a phone call to set up the plan, or buying supplies, can count as that overt act.

In Georgia, conspiracy is usually charged based on the severity of the crime the group was planning. If you were conspiring to commit a felony, the conspiracy charge will likely be written as “conspiracy to commit a felony” and therefore you will be charged with that felony.

There are several defenses to a conspiracy charge. The first one is that there was never a real agreement made. You can discuss a crime and not agree to it—that would not typically rise to the level of conspiracy. Another defense is showing that no overt act was committed. So even if you and someone else agree to commit a crime, there has to be some kind of action taken toward the crime. If no one did anything to move the plan forward, then the conspiracy charge faulters. You can also withdraw from the conspiracy before any crime is actually committed, but you have to show that you took clear steps to back out. Finally, the prosecution needs to show that there was actual intent involved in committing the crime. Without intent, the conspiracy charge likely does hold.

If you’ve been charged with a conspiracy, call our office today and talk to one of our experienced and dedicated trial attorneys.

In an era of increasing public scrutiny over police behavior, the act of recording law enforcement officers has become not only common but essential. In Georgia, as in much of the United States, your right to record government officials—including police officers—while they are performing their duties in public is protected by the First Amendment of the U.S. Constitution. Whether you are an uninvolved bystander or the subject of a police encounter, understanding your rights is crucial to protecting both yourself and the transparency of government actions.

The First Amendment guarantees the right to free speech, a free press, and the right to petition the government for redress of grievances. Courts, including the Eleventh Circuit Court of Appeals (which governs Georgia), have interpreted these protections to include the right of individuals to record public officials in public places. The Eleventh Circuit has expressly recognized a citizen’s right to record police officers performing their official duties in public, stating that such recording promotes accountability and is consistent with the core purposes of the First Amendment.

In Georgia, this means that if you witness a police-citizen encounter in a public space—like a sidewalk, park, or street—you have the constitutional right to film the interaction, as long as you are not physically interfering with law enforcement duties. Police may not confiscate your recording device, delete your footage, or otherwise retaliate against you simply for documenting their actions. This is true even if they find the recording inconvenient or unwelcome.

The right to record also applies when you are the individual involved in the police encounter. For example, if you are pulled over during a traffic stop or questioned on the street, you are allowed to use your phone or another device to record the interaction. This recording can serve as valuable evidence in the event of misconduct, confusion, or dispute over what was said or done.

However, the right to record is not without limits. Courts have held that while you have a constitutional right to document police, that right is subject to reasonable time, place, and manner restrictions. This means you cannot interfere with an officer’s ability to do their job. For instance, standing too close, refusing to follow lawful orders, or inserting yourself into an active investigation may result in obstruction charges, even if your intent is only to record.

If you are told by a law enforcement officer to stop recording, the appropriate response depends on the circumstances. If your recording is being done from a safe distance and without disruption, you are not legally required to comply with such an order. However, refusing to follow a direct police command—even an unlawful one—can escalate the situation, so it’s often safest to continue recording while clearly stating that you are exercising your constitutional rights and are not interfering. Remain calm and respectful; assert your rights without escalating tension. If the officer insists or threatens arrest, it’s generally best to comply in the moment and seek legal redress later.

Importantly, Georgia is a one-party consent state when it comes to audio recording under O.C.G.A. § 16-11-62. This means that as long as one party to the conversation (which can be you) consents to the recording, it is legal to record audio—even if the other party is unaware. This applies to recording your own interaction with police but does not extend to secretly recording conversations where you are not present or a party to the discussion.

There are some boundaries to be mindful of. Georgia law prohibits surreptitious recording inside private places where there is an expectation of privacy, such as homes or restrooms. But public spaces—including sidewalks, parks, or areas where the public has access—are fair game for recording, even when law enforcement officers are involved.

The Atlanta Police Department, like several other Georgia jurisdictions, has internal policies that affirm the public’s right to record officers, provided it does not interfere with official duties. These policies are increasingly being adopted across the state, acknowledging that citizen recordings have become vital tools in ensuring police accountability.

Recording officers serves a vital democratic function. It helps preserve an accurate record of public interactions, can deter misconduct, and supports the integrity of the legal process. Knowing your rights—and exercising them responsibly—contributes to a more transparent and just society. If you were arrested for recording law enforcement in a public space, contact a criminal defense attorney who can help you assess the legality of your actions and defend your constitutional rights.

In Georgia, your phone can be a powerful tool for justice. The law protects your right to use it—wisely and lawfully.

When someone is arrested and charged with a crime, they are often granted bond, allowing them to be released from jail while awaiting their trial. Bond is typically granted to ensure that the individual returns to court for future hearings. However, bond is not an automatic guarantee, and it can be revoked under certain circumstances.

In Georgia, bond revocation hearings are serious proceedings with significant consequences. If the court revokes a defendant’s bond, they may be required to remain in jail until their trial, which could drastically affect their case and personal life. To navigate these hearings successfully, it’s critical to have an experienced criminal defense attorney by your side.

What is a Bond Revocation Hearing?

A bond revocation hearing in Georgia is a legal proceeding in which the prosecution requests that the court revoke a defendant’s bond due to alleged violations of bond conditions. These violations can include failing to appear in court, committing new crimes, or failing to comply with specific requirements outlined in the bond agreement.

Georgia law allows a judge to revoke bond under a few conditions, such as:

• Failure to appear for court hearings: If a defendant misses a scheduled court date, the judge may decide to revoke their bond.
• New criminal charges: If the defendant is arrested on new charges while out on bond, the court may decide to revoke the bond.
• Violation of other bond conditions: Some conditions of bond may include restrictions like curfews, electronic monitoring, or maintaining employment. Violating any of these could lead to bond revocation.

During a bond revocation hearing, the judge will assess whether the defendant’s actions pose a risk to public safety, whether they are likely to flee the jurisdiction, and whether they have violated the conditions of their release. It’s important to note that bond revocation hearings usually go pretty quickly and don’t involve as much back-and-forth as a full trial. That’s why it is critical to have an experienced attorney who knows the ins and outs of the process to advocate on your behalf.

The outcome of a bond revocation hearing can have serious consequences, including staying in jail for an extended period of time while awaiting trial.  Call the experience peach state lawyers here at W. Scott Smith, P.C. at 404-581-0999 to help you navigate the legal complexities of bond revocation hearings, craft a strong defense, and help you avoid unnecessary jail time.

In Georgia, self-defense means you’re legally allowed to use force—even deadly force—if you reasonably believe it’s necessary to protect yourself (or someone else) from imminent harm. That harm could be things like being assaulted, threatened with a weapon, or facing a serious threat to your life or safety.

When can you use force?

Georgia law says you can use force if you’re protecting yourself or someone else, you believe it’s immediately necessary to prevent harm and/or you’re not the aggressor (more on that in a second).

This covers both non-deadly and deadly force. But deadly force is only okay if you’re trying to stop death/serious injury or a forcible felony (like armed robbery, kidnapping, or rape).

Stand Your Ground in Georgia

Georgia has what’s called a Stand Your Ground law. This means you don’t have to retreat before using force—even deadly force. In other words, if you’re somewhere you legally have a right to be (like your home, car, or even a public place), you can stand your ground and defend yourself.

Limits & Exceptions

Self-defense isn’t a free pass to use force whenever you want. It doesn’t apply if you were the one who started the fight (the aggressor), you used force during the commission of a crime or you provoked someone into attacking you and then used that as an excuse to fight back. Basically, you can’t pick a fight and then claim self-defense when things escalate.

What if you’re charged anyway?

Even if you believe you acted in self-defense, you might still get arrested or charged—especially if there’s confusion about who started it, or if witnesses give conflicting stories. But in Georgia, you can raise self-defense as a legal defense, and if the court agrees, you won’t be convicted. Give our office a call today and speak with an experienced attorney at (404)581-0999.