Are Prosecutors Good People?

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By W. Scott Smith, P.C. – Criminal Defense Attorneys

If you or someone you love has ever faced criminal charges, you’ve probably found yourself asking, “Are prosecutors good people?” As criminal defense attorneys, we hear this question often, and we understand where it comes from. When you or a family member is being prosecuted—especially if you believe you or your loved one is innocent—it can feel like the prosecutor is the enemy, determined to take away your freedom or ruin your future.

The truth, however, is more nuanced. The answer is yes: prosecutors are, by and large, good people. But it’s also understandable why that’s hard to see in the middle of a criminal case.

The system is designed to be adversarial.  In an adversarial legal system, the prosecutor is inherently adversarial because their role is to build a case against the defendant and present it to the court, aiming to prove guilt beyond a reasonable doubt.

Where the System Fails

Some critics argue that the adversarial system can prioritize winning over truth, and that resource disparities between prosecution and defense can create unfair advantages. It is true, we all want to win.  It is human nature.

Why Prosecutors May Seem Unsympathetic

Prosecutors have a tough job: their role is to enforce the law and seek justice, which sometimes means pursuing convictions in cases where the circumstances are complex, or where the accused is facing significant hardship. In high-profile cases, like the prosecution of Jeffrey Epstein and Ghislaine Maxwell, the public often sees prosecutors as relentless or even ruthless—sometimes firing or publicly criticizing those who push for more transparency or leniency. This perception can deepen when prosecutors appear unwilling to consider factors outside of the defendant’s immediate actions.

Tough prosecutors are often those who, intentionally or not, show less empathy for the many outside factors that can contribute to a person ending up in the criminal justice system. As defense attorneys, we see every day that criminal cases are rarely black and white. Many defendants are shaped by circumstances far beyond their control.

Factors That Contribute to Criminal Behavior

To truly understand the people in the criminal justice system—defendants and prosecutors alike—it’s important to look at the bigger picture:

Socioeconomic Factors

  • Poverty and Economic Hardship: Many individuals turn to crime out of desperation to meet basic needs. Lack of financial resources can create a sense of hopelessness that increases the risk of criminal involvement. Studies consistently find that unemployment is correlated with higher rates of property and violent crime.
  • Lack of Educational Opportunities: When people don’t have access to quality education, their opportunities for personal and economic growth are limited. Underfunded schools, high dropout rates, and a lack of extracurricular activities make kids more vulnerable to crime.

Family Environment

  • Unstable or Dysfunctional Family Structures: Children raised in homes with neglect, abuse, or parental criminality face a much higher risk of engaging in crime themselves. Insufficient parental support and monitoring can make it even harder for adolescents to stay on the right path.
  • Exposure to Violence: Witnessing violence at home or in the community can normalize aggressive behavior and make criminal activity seem like an acceptable way to solve problems.

Neighborhood and Community Factors

  • Neighborhood Disadvantage: People living in neighborhoods with high poverty and unemployment have fewer opportunities and resources, making it harder to resist criminal influences.
  • Social Disorganization: Weak social ties and a lack of informal social control can lead to higher crime rates.
  • Presence of Gangs or Organized Crime: Especially for young people, gangs can provide a sense of belonging, even as they encourage criminal behavior.
  • Lack of Access to Support Systems: Without access to healthcare, mental health services, substance abuse treatment, and positive community programs, many people find themselves trapped in cycles of crime and punishment.

Substance Abuse and Addiction

  • The Link Between Drugs, Alcohol, and Crime: Substance use can cloud judgment and increase impulsivity, making criminal behavior more likely. Many people with substance use disorders commit crimes simply to support their addictions.

Why Understanding Matters

As criminal defense attorneys at W. Scott Smith, P.C., we believe that recognizing these contributing factors isn’t about excusing crime—it’s about understanding people. Prosecutors are tasked with upholding the law, but sometimes the system doesn’t leave enough room for compassion or individualized consideration.

This is why the work of criminal defense attorneys is so vital. We fight to make sure our clients’ stories are heard and their circumstances understood. We push back when prosecutors overlook the broader context. And we work to ensure that justice means more than just punishment.

Final Thoughts

So, are prosecutors good people? Most are, and many go into their profession because they genuinely want to serve justice and protect the community. But the system can make it hard for even the best prosecutor to see the full humanity of every defendant. If you or someone you love is facing prosecution, you deserve a defense team who will stand up for your rights and help the court see the whole picture.

If you need help, don’t hesitate to contact us at W. Scott Smith, P.C. We’re here to fight for you, every step of the way.

 

Georgia’s 90 Day Bond Rule in Cobb County

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If you or a loved one have been arrested in Cobb County, Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means.

O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to a bond. If prosecutors fail to meet this deadline, an accused person may file a motion for bond and the Court MUST grant them a bond. In a busy courthouse like Cobb County, this could easily happen.

This rule does not tell a judge that a bond must be set at a certain amount, only that a bond must be set. So, even though a bond must be set if your case is not indicted within 90 days, the bond may be more than you can afford. A skilled lawyer can argue for the lowest bond possible.

The 90-day bond rule is not automatically enforced, however. You must have a lawyer file a motion for bond and show the Court that 90 days have elapsed without indictment. If you believe that your loved one has been in custody without being indicted for over 90 days and is being held without a bond, call us at 404-581-0999 for a free consultation.

Driving with a Suspended License in Cherokee County, Georgia: What You Need to Know

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If you’re caught driving with a suspended license in Cherokee County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation.

According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past five years:

  • First Offense punishment:
    – No less than 2 days in jail
    – A fine of $500 to $1000
    – You could also be placed on probation
  • Second or Third Offense punishment:
    – No less than 10 days in jail
    – A fine of $1000 to $2500
    – You could also be placed on probation
  •  Fourth Offense punishment:
    – Considered a felony
    – 1 to 5 years in jail
    – Fines
    – Probation

Driving with a suspended license in Cherokee County, Georgia, is a serious offense with significant legal consequences. If you’re facing charges, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.

What do you do if you are arrested for child molestation in Georgia?

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If you or a loved one is arrested for child molestation in Georgia, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

Do not think that just because you are innocent that the charges will be dismissed. Child molestation charges are aggressively prosecuted in Georgia and prosecutors and the police believe children who make the accusations.

Make sure your attorney has had jury trials in child molestation cases and has won these cases. Do not let an attorney handle your case who does not specifically handle these cases.

The law may say you are presumed innocent but in child molestation cases, you have to prove your innocence.

Here is what you should do if arrested for child molestation:

  1. Hire an attorney – Make sure that attorney actually handles and tries child molestation cases. Most criminal defense attorneys do not handle child molestation cases. Make sure the attorney you talk to does regularly handles child molestation cases in Georgia.
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for child molestation, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    • Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
    • Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    • Witnesses – Immediately make a list of any person who you think might have information about this child molestation accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for child molestation:

  1. Never talk to the alleged victim or the family.
  2. Never have any contact with the alleged victim through a 3rd party or through social media.
  3. Never talk to law enforcement without an attorney present.
  4. Never talk to a child welfare agency or any other governmental agency without an attorney present.

If you are arrested for child molestation or any sex offense in Georgia, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

YOUR RIGHTS AGAINST ILLEGAL SEARCH AND SEIZURES

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Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Fulton County and across the country, often feel confused when questioned by police officers or when the police attempt to search their property or belongings.

Citizens are protected by the Fourth Amendment against unlawful searches and seizures. This blog explains your rights if stopped by police in your vehicle or if an officer attempts to search your body, car, or home without a warrant.

Your Freedom to Refuse a Search Without a Warrant

When a police officer attempts to search you or your property, the first question you should ask is: “Do you have a warrant?” In most cases, police officers are required to have a valid search warrant to conduct a search of your person or property. Without this, any search or seizure could be deemed unlawful, and any items found could potentially be suppressed in court through a motion to suppress filed by the defense.

When Can Police Search You Without a Warrant?

Here are a few circumstances when police officers can conduct a search without a warrant:

Search Incident to Arrest

The most common scenario where a search can occur without a warrant is when a person is arrested. This is known as a search incident to arrest. When an individual is arrested, the officer is allowed to search the person to remove any weapons or contraband that may be used to resist arrest or escape. This applies even if a significant amount of time has passed since the arrest or processing, as highlighted in in Barrera-Palamin v. State, 250 Ga. App. 580 (2001).

However, a search cannot happen before an arrest and be used as justification for the arrest itself, as seen in Smith v. Ohio, 494 U.S. 541 (1990).

Vehicle Searches

Under both the Georgia Constitution and the Fourth Amendment of the U.S. Constitution, police may search a vehicle without a warrant if the driver has been arrested. This is based on the idea that law enforcement has a legitimate need to secure any weapons or evidence that may be in the vehicle. However, if the officer only issues a citation without making an arrest, they cannot search the vehicle. This is made clear in Knowles v. Iowa, 525 U.S. 113 (1998).

Abandonment of Property

If you relinquish control or ownership of an item, such as a vehicle, police can search it because you no longer have an expectation of privacy. In Gresham v. State, 204 Ga. App. 540  (1992), it was ruled that if you abandon your property, you lose the right to object to a search.

Denial of Ownership

If you deny ownership of an item, such as when you refuse responsibility for an item in your possession, you lose the expectation of privacy over it. Police may search the item without violating your rights. This was affirmed in Deych v. State, 188 Ga. App. 901 (1988).

Plain View

If police are lawfully present in an area and see evidence of a crime in plain view, they can seize it without a warrant.

Exigent Circumstances

In urgent situations, such as when there’s a risk of evidence being destroyed or a suspect fleeing, police can conduct a search without a warrant.

Stop and Frisk

If a police officer has reasonable suspicion that a person is armed and dangerous, they can stop and frisk the individual for weapons.

Border and Airport Searches

Searches that take place at the airport or at the borders may not require a warrant

Consent

If you give an officer permission to search your property, they will. They do not need a warrant after you give them permission to search your property.

Special Considerations for Cell Phones

If you are arrested and have a cell phone in your possession, it’s important to know that police cannot search the contents of your phone without a warrant. The U.S. Supreme Court’s decision in Riley v. California, 573 U.S. 373 (2014) ruled that police must obtain a warrant before accessing the contents of a cell phone, as it contains personal and private information.

Consequences of a Conviction

It is important to understand the potential consequences of being convicted of a crime. Your rights during a police stop or search are crucial to ensuring that your case is handled fairly. If you believe your rights have been violated during a police interaction, it’s important to seek legal advice immediately and contact us.

Remember, if you ever feel unsure about your rights or how to handle a situation with law enforcement, don’t hesitate to reach out for assistance. We are here to help you navigate these challenging moments 24/7.

Georgia Conspiracy

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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.

Pretrial Intervention Program in the State Court of Henry County

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What is the PTI Program?

Pretrial Intervention (PTI)  Program helps some people avoid going to trial. If you qualify and complete certain steps—like paying small fees, doing community service, and following the program’s rules—you won’t be convicted of a crime. Plus, you may be able to have your arrest record hidden from public view.

Who is Eligible?

People who are usually eligible for the program are first-time offenders or those charged with minor, non-violent crimes who have little or no criminal record

Ineligible Offenses

The program is not available to people charged with:

  • DUI or other drug/alcohol-related charges that require minimum jail time
  • Violent crimes or crimes involving guns or strangulation
  • Any crime that has a required minimum prison sentence by law

Conclusion

The PTI program in Henry County State Court offers a valuable opportunity for people facing certain misdemeanor charges to avoid a lasting conviction. If you’re a non-violent, first-time offender, it’s a good idea to speak with an attorney early—acting quickly can improve your chances of getting into the program and completing it successfully. For a free consultation, contact the attorneys at W. Scott Smith, P.C. today at 404-581-0999. We’re here to help guide you through your legal options.

Your Right to Record the Police in Georgia: What the First Amendment Really Protects

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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.

 

Understanding Criminal Damage to Property in the First Degree in Georgia

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If you or a loved one has been charged with Criminal Damage to Property in the First Degree under Georgia law (OCGA § 16-7-22), it’s critical to understand the seriousness of this offense and what’s at stake. This charge is a felony and can lead to significant prison time—ranging from 1 to 20 years, depending on the circumstances.

This blog breaks down what this law means, how it’s commonly violated, what the prosecution must prove, and how it differs from second and third-degree charges.

 

What Is Criminal Damage to Property in the First Degree?

Under OCGA § 16-7-22, this felony occurs when someone knowingly and without permission causes certain types of dangerous or destructive interference with property.

Common Examples of First-Degree Criminal Damage

Situation Explanation
Endangering Human Life Example: firing a gun at or near a building. No one needs to be hurt—just acting recklessly in a way that could endanger lives.
Disrupting Vital Public Services or Infrastructure Interfering with utilities, internet, transportation, etc., either physically or electronically (e.g., hacking, malware).
Shooting at a Building from a Vehicle Discharging a firearm into a structure while in a car or immediately after exiting the vehicle.

 

What Must Prosecutors Prove?

To convict you, the State must prove the following beyond a reasonable doubt:

  1. Knowledge + No Permission
    You knew what you were doing and acted without lawful authority.
  2. One of These Acts Occurred
    • Act recklessly in a way that endangered human life
    • Interfere with critical infrastructure or services (even electronically)
    • Fire a gun into a building from a vehicle

 

Penalties for First-Degree Criminal Damage

Type of Offense Prison Time
Reckless endangerment or gunfire 1–10 years
Interference with critical systems (any method) 2–20 years

This is a felony, and a conviction can impact your employment, housing, gun rights, and future opportunities.

 

Comparison: 1st vs. 2nd vs. 3rd Degree

Degree What It Involves Key Element Felony? Sentence
1st Endangering life, critical system interference, or shooting Danger or system impact ✅ Yes 1–10 yrs (or 2–20 yrs)
2nd Intentional damage over $500 or use of fire/explosives Value or means ✅ Yes 1–5 years
3rd Damage worth $500 or less Value ❌ No Up to 12 months

 

Why You Need Legal Representation

Being charged with Criminal Damage to Property in the First Degree is not something to take lightly. You’re facing a felony record and years of incarceration. These cases can hinge on facts like intent, ownership, and actual risk or damage—which are often disputable with the right defense strategy.

At W. Scott Smith, PC., we understand how to challenge the prosecution’s evidence and protect your rights. If you’ve been arrested or are under investigation, the time to act is now.

 

Understanding Bond Revocation Hearings in Georgia

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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.