Prior False Allegations Are Admissible in a Sex Offense Case

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You are accused with child molestation or rape and your accuser has previously falsely accused another person of these horrific crimes. Can you bring up these prior false accusations in your case? The answer is yes.

The Georgia Supreme Court held in State v. Burns, that a defendant in a sexual-offense prosecution may bring up evidence that the alleged victim has previously made false accusations of sexual misconduct. This evidence is admissible to attack the credibility of the victim and show that the current charges did not occur.

In this case, James Burns was charged with aggravated sexual battery, aggravated sodomy, and incest. It was discovered that the alleged victim had made up a prior rape allegation.

The Rape Shield Statute of Georgia does not prohibit testimony of previous false allegations by a victim. This is because prior false accusations establish that the victim has a propensity to make false statements regarding sexual misconduct. The Rape Shield Statute in Georgia is designed to prohibit bringing up the victim’s past sexual conduct. But it does not protect the victim in cases where a false allegation was made.

A criminal defendant has a Sixth Amendment right to make a full defense. A defendant has the right to bring up prior false allegations where it can be shown that the allegation was indeed false. The Sixth Amendment also grants the defendant the right of confrontation. This includes the right to physically face the person who is testifying against him and the right to conduct a thorough cross-examination. A defendant is guaranteed the opportunity for effective cross-examination.

In addition, the due process clause of the Fourteenth Amendment guarantees a criminal defendant a meaningful opportunity to present a complete defense. The defendant does not have a right to offer any testimony that is either privileged, irrelevant or excluded under the rules of evidence. However, if the defendant has evidence of a prior false allegation of the alleged victim then it is admissible in order to protect the integrity of the trial.

In State v. Burns, the Georgia Supreme Court has made a bright line rule that prior false allegations are admissible, regardless of other rules of evidence.

If you are charged with child molestation, rape or any other sexual offense in Georgia, it is imperative that you aggressively defend yourself and learn everything you can about the alleged victim. If the alleged victim in your case has ever made up an allegation against any other person, you must use this information to your advantage when confronting your accuser in court.

If you are charged with any sexual offense in Georgia, please contact us at 404-581-0999 or mike@peachstatelawyer.com for a free consultation.

Failure to Appear in Gwinnett Recorder’s Court (FTA)

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Failure to Appear typically occurs when you have missed a court date in the Gwinnett Recorder’s Court. When a person receives an FTA status on their record that means that it is likely that the court issued either a: bench warrant, license suspension , or additional monetary penalties. An FTA becomes part of your criminal record if it does not get resolved.

The Gwinnett Recorder’s Court will not lift your FTA status until you deal with the underlying traffic charge. Typically, a person can deal with this issue by making a court appearance or paying a fine. An experienced lawyer is needed to help guide you through this process.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to resolve your FTA status and have your driver’s license reinstated.

Shoplifting Charges in Cobb County

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In Cobb County, courts handle shoplifting cases in municipal, state, or superior court. Prosecutors may charge the offense under a city ordinance, as a misdemeanor, or as a felony in serious cases.

What Is Theft by Shoplifting?

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

Common Shoplifting Methods

Shoplifters often:

  • Hide merchandise
  • Change or remove price tags
  • Move items between containers
  • Switch price tags between items
  • Cause items to ring up for less than their actual price

How Charges Are Determined

Cobb County considers the value of stolen goods:

  • Under $500: Usually a misdemeanor
  • Over $500: Could be a felony

A felony can also apply if a person steals from three different stores within seven days and the total exceeds $500. Criminal history can make penalties more severe.

Penalties for Shoplifting

Penalties vary:

  • Misdemeanor: Up to 12 months in jail and a $1,000 fine
  • Felony: 1–10 years in prison, depending on stolen value and prior convictions

Hiring an experienced criminal defense attorney is critical. A skilled lawyer may help dismiss charges, raise defenses, or reduce penalties.

Contact the Law Offices of W. Scott Smith

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Cobb County. We know local courts, prosecutors, and defenses. We fight to protect your rights and achieve the best outcome.

If you or a loved one faces a shoplifting charge, call 404-581-0999 for a free consultation.

 

 

Obstruction in Georgia

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When someone is charged with obstruction of a law enforcement officer in Georgia, the charge can sound straightforward—but the law behind it is more nuanced than most people realize. Georgia treats obstruction as either a misdemeanor or a felony, and the difference often turns on a single issue: violence. Understanding that distinction is critical, because the penalties and long-term consequences are very different.

Under Georgia law (O.C.G.A. § 16-10-24), obstruction occurs when a person knowingly and willfully obstructs or hinders a law enforcement officer who is performing official duties. Those basic elements apply to every obstruction charge, regardless of whether it’s classified as a misdemeanor or a felony. First, the officer must be acting within the scope of their lawful duties—such as conducting an investigation, making a traffic stop, or attempting an arrest. Second, the person accused must know, or reasonably should know, that the individual they’re dealing with is a law enforcement officer. And third, the conduct must be intentional. Accidental interference or mere misunderstanding is not enough.

Where things really diverge is how the obstruction happens.

Most obstruction charges in Georgia are misdemeanors. Misdemeanor obstruction applies when someone obstructs or hinders an officer without offering or using violence. This category is broader than many people expect. It can include refusing to follow lawful commands, providing false identifying information, interfering verbally in a way that delays an investigation, or even physically pulling away or tensing up during an encounter—so long as no violence is involved. Georgia courts have held that verbal conduct alone can qualify as obstruction if it actually hinders the officer’s ability to do their job, though protected speech by itself is not enough.

A misdemeanor obstruction conviction carries serious consequences. It is punishable by up to 12 months in jail, a fine of up to $1,000, or both. While it may sound minor compared to a felony, a misdemeanor obstruction charge can still affect employment, professional licenses, and future interactions with law enforcement.

Obstruction becomes a felony when the conduct involves offering or doing violence to a law enforcement officer. This is where many cases escalate quickly. Georgia law does not require that the officer be injured for felony obstruction to apply. An attempt to strike an officer, pushing or shoving, fighting during an arrest, kicking, or using—or threatening to use—a weapon can all qualify. Even conduct that creates a substantial risk of injury may be enough. In short, it’s not about whether someone was hurt; it’s about whether violence was offered or used.

Felony obstruction is punishable by one to five years in prison, making it a life-altering charge. A felony conviction can result in the loss of firearm rights, voting restrictions during the sentence, and long-term consequences that extend well beyond the courtroom.

Obstruction charges are highly fact-specific, and small details can make the difference between a misdemeanor and a felony—or between a conviction and a dismissal. If you or someone you care about is facing an obstruction charge in Georgia, understanding how the law works is the first step. Having experienced legal counsel evaluate the facts early can be critical to protecting your rights and your future. Give us a call TODAY at (404)581-0999.

Didn’t Pull the Trigger? You Can Still Be Charged: Understanding “Party to a Crime” in Georgia

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If you have been arrested, you might be shocked to learn that you can be charged with a serious felony even if you never touched a weapon, stole an item, or threw a punch. In Georgia, the law casts a wide net using a concept called “Party to a Crime.”

I am Scott Smith, a criminal defense attorney in Atlanta, Georgia. I often hear from people who believe they are innocent because they were “just there” or only played a minor role. However, under Georgia law, if you are “concerned in the commission of a crime,” you can be convicted and punished just as severely as the person who actually committed the act.

Here is an easy-to-understand breakdown of what it means to be a party to a crime and the defenses that may be available to you.

What is a “Party to a Crime”?

Under Georgia statute O.C.G.A. § 16-2-20, a person is a party to a crime if they directly commit the crime, or if they:

  1. Intentionally cause another person to commit the crime;
  2. Intentionally aid or abet the commission of the crime; or
  3. Intentionally advise, encourage, hire, counsel, or procure another person to commit the crime.

Essentially, if you associate yourself with an unlawful enterprise and share a common criminal intent, the law considers the act of one conspirator to be the act of all.

Examples of Being a Party to a Crime

You do not have to be the ringleader to be prosecuted. The State often uses the following scenarios to charge individuals as parties to a crime:

  1. The Lookout: If you stand guard while others enter a building to commit a robbery, the law considers you a party to that robbery. Even if you never entered the building, your participation allowed the crime to happen.
  2. The Getaway Driver: Driving a perpetrator to a crime scene, blocking a victim’s path, or driving the shooter away after the act can be evidence that you were aiding and abetting the crime.
  3. The Encourager: Words matter. If you are watching a fight and yell phrases like “finish it,” “handle your business,” or “do what you got to do,” you could be convicted as a party to the resulting assault or murder.
  4. The Market Maker: If you tell a burglar that you will buy specific items (like guns or electronics) if they steal them, you may be considered a party to the burglary itself because you encouraged the crime by creating a market for the stolen goods.
  5. Failure to Protect (Parents): In cases involving children, a parent who fails to protect their child from abuse or fails to report known abuse can be charged as a party to the cruelty or molestation committed by another person.

Defenses: “Mere Presence” is Not Enough

Just because the police charge you as a party to a crime does not mean you are guilty. There are specific legal defenses we can use to fight these charges.

  1. Mere Presence The most common defense is that you were simply at the wrong place at the wrong time. Georgia courts have repeatedly ruled that mere presence at the scene of a crime is not sufficient to convict someone. If you were standing nearby but did not participate, help, or encourage the act, you should not be convicted.
  2. Mere Association Simply knowing the person who committed the crime or associating with them is not enough to make you guilty. The State must prove you had a shared criminal intent.
  3. Mere Approval Even if you watched the crime happen and approved of it, that approval alone—without active encouragement or assistance—is insufficient to make you a party to the crime.
  4. Withdrawal or Abandonment If you initially agreed to participate but then abandoned the effort before the crime was committed, this can be an affirmative defense.

Call Us If You Have Been Charged

Cases involving “party to a crime” allegations are legally complex. The State often relies on circumstantial evidence, such as your conduct before and after the crime, to try to prove you were involved. You need an experienced attorney to deconstruct that evidence and establish your defense.

If you or a loved one has been charged with a crime in Georgia, do not wait.

Call me, Scott Smith, at 404-581-0999.

 

Bond Process in Georgia

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In Georgia, the process of bonding out of jail depends largely on the type of charge, the timing of the arrest, and whether the court or prosecutor is willing to act quickly. After a person is arrested and booked into jail, the first key event is the initial or “first appearance” hearing. This typically occurs within about 24 to 72 hours of arrest, though weekends and holidays can slow the timeline. At first appearance, a judge or magistrate advises the accused of the charges, addresses the right to counsel, and considers whether bond can be set. For many misdemeanor and lower-level felony offenses, the magistrate judge has authority to set bond at this stage. If bond is set, the defendant may be released once the bond conditions are satisfied. However, for certain serious felonies—often referred to as “Superior Court only” offenses—the magistrate judge cannot set bond, and the defendant remains in custody until the case reaches Superior Court.

When bond is not set at first appearance, or when the bond amount is unreasonably high, the defense attorney can request a formal bond hearing. This is done by filing a written motion with the appropriate court, most often Superior Court in felony cases. Once the motion is filed, the court schedules a hearing, which may take days or weeks depending on the court’s calendar and the complexity of the case. At the bond hearing, the defense and prosecution present arguments, and the judge considers statutory factors such as flight risk, danger to the community, likelihood of witness intimidation, and the defendant’s ties to the community. In some cases, particularly early in the case, this hearing can be the first real opportunity for the defense to present mitigating information about the accused.

To avoid delays caused by crowded court calendars, experienced defense attorneys often attempt to secure a “consent bond” from the prosecutor. This process involves direct negotiation between the defense and the district attorney’s office, sometimes immediately after arrest. If both sides agree on a bond amount and conditions of release, they can submit a proposed consent bond order to a judge for approval without holding a formal hearing. Judges frequently sign these agreed-upon orders, which can significantly speed up the defendant’s release. Prosecutors may require certain concessions as part of a consent bond, such as waiving a preliminary hearing or agreeing to specific bond conditions. While not guaranteed, consent bonds are a common and effective way to expedite release in Georgia, particularly in felony cases.

As the case progresses, bond issues can be revisited. If a defendant remains in custody, bond may be addressed again at a preliminary (committal) hearing or through additional motions in Superior Court. Importantly, Georgia law provides a significant protection for defendants who remain jailed while the case is pending indictment. Under the so-called 90-day indictment bond rule, if a defendant has been held in custody for 90 days and the state has not obtained an indictment from a grand jury, the defendant is entitled—upon filing a motion—to have bond set by the court. This rule does not result in automatic release on the 90th day, but it does require the court to set a bond once the defense invokes the statute. The 90-day period is calculated from the date of confinement, not the date of the alleged offense. In death-penalty-eligible cases, the state may request a one-time extension of up to an additional 90 days, but absent that extension, the court must set bond if no indictment has been returned.

Overall, the Georgia bond process is highly time-sensitive and strategic. Early action by defense counsel—especially through negotiations with the prosecutor—can dramatically shorten the time a person spends in jail. When early release is not possible, statutory protections like the 90-day indictment bond rule ensure that a defendant cannot be held indefinitely without formal charges being brought.

If you or a loved one are facing criminal charges, give our office a call TODAY to speak with one of our experienced attorneys at (404)581-0999.

How do I get out of Fulton County Jail?

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I’ve Been Arrested…

You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. Rice Street is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at Rice Street are being recorded. Just focus on getting someone to help get you out of jail.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 1130am.

Court is typically done by Zoom but you can go to the courtroom at the Fulton County jail.

Can I get a bond?

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in Courtroom 8C of the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

Terroristic Threats and Terroristic Acts

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Under Georgia law, “terroristic threats” and “terroristic acts” are two related but very different offenses, and whether an offense is treated as a misdemeanor or a felony depends largely on what actually happened and what the threat or act suggested.

A terroristic threat in Georgia involves communicating a threat to commit violence, release a hazardous substance, or burn or damage property with the intent to terrorize someone, cause an evacuation of a public place, or create serious public inconvenience, or when someone makes such a threat with reckless disregard for those outcomes. Simply making the words of the threat can be enough—no action beyond the communication needs to occur for charges to be filed. Importantly, the law even says a conviction can’t rest solely on the uncorroborated testimony of the person the threat was made to.

Most terroristic threats are treated as misdemeanors, which means they carry up to one year in jail and/or a fine up to $1,000. But Georgia law draws a clear line: if the threat suggests the death of the person threatened, the charge is elevated to a felony, punishable by one to five years in prison and the same fine range. That’s because a threat implying someone will be killed is inherently more serious and alarming than a threat of lesser harm.

On the other hand, a terroristic act isn’t just words—it’s conduct that causes fear or disruption. The law lists specific examples, like using burning symbols to terrorize someone, firing or throwing an object at an occupied vehicle, or releasing (or pretending to release) a hazardous substance with the purpose of terrorizing others or causing evacuation or serious inconvenience. These acts are inherently more dangerous because they involve real-world behavior that risks people’s safety or public order.

Because of that, terroristic acts are almost always charged as felonies. The standard penalty range is one to ten years in prison and up to a $5,000 fine. But if someone suffers serious physical injury as a direct result of the act, penalties increase dramatically—five to forty years in prison and fines up to $250,000. That reflects the law’s recognition that harm to actual people is far more severe than mere disruption or inconvenience.

In everyday language: a terroristic threat is about the promise or warning of harm, with misdemeanor treatment if it’s serious but not life-threatening, and felony treatment if it threatens death. A terroristic act is about doing something that causes fear or danger in the real world, and it’s treated as a felony because it involves tangible, harmful behavior rather than just words. In both cases, the intent to terrorize or disrupt is a key element the prosecution must prove.

If you or someone you know is facing these kinds of charges, the nuances matter—not just for your immediate freedom, but for your future opportunities. A conviction, whether misdemeanor or felony, can affect everything from employment to housing to civil rights, so understanding the difference and mounting an effective defense is critical. Call us today at (404)581-0999

Sandy Springs Traffic Lawyer: Georgia Traffic Charges & How a Lawyer Can Help

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If you were stopped or cited in Sandy Springs, you are not alone. Sandy Springs police are known for proactive traffic enforcement, especially on GA‑400, Roswell Road, Hammond Drive, Abernathy Road, and Mount Vernon Highway. What may feel like a “simple ticket” can quickly turn into points on your license, higher insurance premiums, or even a suspended license.

Working with a Sandy Springs traffic lawyer can often mean the difference between a clean driving record and long‑term consequences.

Common Traffic Charges We Handle in Sandy Springs

Our office regularly represents drivers cited in Sandy Springs Municipal Court and Fulton County courts. Common traffic cases include:

  • Speeding tickets (including super speeder citations)
  • Reckless driving
  • Driving on a suspended or revoked license
  • Failure to maintain lane
  • Following too closely
  • Running a red light or stop sign
  • Improper lane change
  • No proof of insurance
  • Expired registration or tag violations
  • Hit and run (leaving the scene of an accident)
  • DUI and DUI‑related traffic offenses

Even minor violations can carry serious consequences in Georgia, particularly if you already have points on your license or hold a commercial driver’s license (CDL).

 

Why You Shouldn’t Just Pay the Ticket

Many drivers assume paying a traffic ticket is the fastest way to move on. Unfortunately, paying a ticket is the same as pleading guilty.

That guilty plea can result in:

  • Points added to your Georgia driver’s license
  • Insurance rate increases that last for years
  • License suspension if you accumulate too many points
  • Employment consequences for CDL holders or professional drivers

 

How a Sandy Springs Traffic Lawyer Can Help

An experienced Sandy Springs traffic attorney understands local enforcement practices, prosecutors, and the municipal court system. Legal representation can help by:

  • Reviewing the legality of the traffic stop
  • Challenging radar, laser, or pacing evidence
  • Negotiating reductions to non‑point violations
  • Seeking dismissals or alternative resolutions
  • Protecting your driving record and insurance rates
  • Appearing in court on your behalf (in many cases)

In some situations, we are able to resolve traffic cases without our clients ever needing to miss work or appear in court.

 

Traffic Tickets and Georgia License Points

Georgia’s points system can be unforgiving:

  • 15 points within 24 months can lead to license suspension
  • Certain offenses, like reckless driving, carry 4 points
  • Super speeder violations result in additional state fines

A Sandy Springs traffic lawyer focuses on outcomes that avoid points whenever possible.

 

Sandy Springs Municipal Court Experience Matters

Local experience matters in traffic cases. Sandy Springs Municipal Court has its own procedures, prosecutors, and expectations. A lawyer familiar with this court can often identify options that are not obvious to someone representing themselves.

Whether your goal is to keep points off your license, protect a CDL, or fight an unfair citation, having an advocate who regularly practices in Sandy Springs can make a meaningful difference.

 

When to Call a Sandy Springs Traffic Lawyer

You should strongly consider speaking with a traffic attorney if:

  • You were cited for reckless driving or a high‑speed offense
  • You already have points on your license
  • You hold a CDL or drive for work
  • Your license is suspended or at risk of suspension
  • You want to avoid insurance increases

Most traffic cases benefit from early legal involvement, before court deadlines pass or a guilty plea is entered.

 

Speak With a Sandy Springs Traffic Attorney Today

If you received a traffic ticket in Sandy Springs, do not assume the outcome is fixed. A knowledgeable Sandy Springs traffic lawyer may be able to reduce or resolve your charge and protect your driving record.

Contact our office today for a FREE CONSULTATION at 404-581-0999 to discuss your traffic case and learn your options before your court date.

 

What Does It Mean If I Have Been Charged With “DUI Less Safe” in Fulton County?

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It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol.

O.C.G.A. § 40-6-391 (a)(1) states that “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”. This simply means that you may still be charged with, and convicted of, DUI even if your BAC registers at a level below 0.08 or there is no evidence from a blood test or a breath test that you BAC was above a 0.08.

If you have been charged with DUI less safe in Fulton Country, it is important that you hire an experienced DUI attorney to fight to protect your driver’s license and to prevent the long-term consequences that come with a DUI conviction. The lawyers at W. Scott Smith are experienced with the nuances associated with a DUI case and will work to protect you and resolve your case with the best possible outcome. Call our office at 404-581-0999 for a free consultation.