Criminal Attempt to Commit a Felony in Fulton County

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

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

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

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

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

Burglary Charges in Gwinnett County: A Guide from a Georgia Criminal Defense Attorney

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Burglary is a felony offense in Georgia, and facing such charges can have long-lasting consequences on your life. In Gwinnett County and throughout Georgia, burglary is governed by the OCGA § 16-7-1, which defines the crime and outlines the penalties for conviction.

In simple terms, burglary occurs when someone enters or remains in a building, vehicle, or other structure with the intent to commit a crime, such as theft, inside. Whether the structure is residential or commercial, the intent is key to the charge. Burglary is not limited to breaking into homes—it also includes entry into places like businesses or vehicles.

Under Georgia law, there are different degrees of burglary:

  • First-degree burglary involves entering an occupied dwelling (home) with the intent to commit a felony. This is the most serious form, with penalties including up to 20 years in prison on a first conviction. This is also known as residential burglary, and can include vehicles, railroad cars, and other structures if their structure is designed to be used as a dwelling (home of another).
  • Second-degree burglary applies when someone enters a non-residential structure or vehicle with the intent to commit a theft. Penalties can include up to 5 years in prison on a first conviction, and up to 8 years in prison on a second conviction.

Under Georgia law, burglary sentences, although lengthy, can be probated or suspended unless it is a fourth or subsequent conviction. In that situation, the prison time is required on a conviction.

The first step following an arrest will be the First Appearance hearing, which is where Bond will be addressed, and the person notified of the charges they are facing.

 

If you are facing charges, it’s crucial to have a skilled criminal defense attorney on your side. A knowledgeable lawyer can investigate the case, examine the evidence, and develop a strategy to challenge the allegations or minimize penalties. There are numerous defenses to burglary including whether the State can prove beyond a reasonable doubt intent to commit a felony or a theft inside.

If you or someone you know is charged with burglary in Gwinnett County or anywhere in Georgia, contact the lawyers at W. Scott Smith to ensure your rights are protected and you receive the best possible defense. We offer FREE CONSULTATIONS at 404-581-0999.

Public Indecency

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Public Indecency is a serious crime in Georgia. It is imperative that you retain a qualified attorney immediately if you have been charged with public indecency.

O.C.G.A. § 16-6-8(a) defines public indecency as follows:

A person commits the offense of public indecency when he or she performs any of the following acts in a public place:

  1. An act of sexual intercourse
  2. A lewd exposure of the sexual organs
  3. A lewd exposure in a state of partial or complete nudity; or
  4. A lewd caress or indecent fondling of the body of another person.

A public place means any place where the conduct involved may be reasonably be expected to be viewed by people other than members of the accused’s family or household.

Under O.C.G.A. 16-1-3(15), a public place is any place where the conduct involved may reasonably be expected to be viewed by someone other than immediately family members. In fact, the residence of the accused may be considered a public place if the person performs the lewd act in front of a window or someplace where he intends the public to see it.

Lewd has been defined as any gross indecency so notorious as to tend to corrupt community morals. The act is one in which it represents a moving away from some form of community morality norms towards amorality, immorality or obscenity which in the final analysis within community standards as to particular acts, as to acceptability or unacceptability, is best left to a jury for determination. The statute does not require that some person be embarrassed, offended or otherwise outraged by the lewd act.

The intent of the accused is relevant in a prosecution for public indecency.

The offense of public indecency is not a crime against the person. The person viewing the lewd act is a witness and not a victim of the crime.

The United States Supreme Court has held that the First Amendment’s guarantee of freedom of expression does not prevent the State of Georgia from enforcing its public indecency laws.

The punishment for public indecency is up to 1 year in prison. If it is a 3rd or subsequent violation, then the punishment is 1 to 5 years imprisonment. Also, the accused may be required to register as a sex offender under O.C.G.A. §42-1-12.

It is imperative that you do not talk to the police if you are accused of public indecency. Only speak to a qualified attorney so that you can properly defend yourself.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Driving Without Insurance in Georgia

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In Georgia, driving without insurance is a misdemeanor, and the penalties increase if it’s not your first time.

For a first offense, you’re generally looking at a fine between $200 and $1,000, plus court costs. The statute allows for up to 12 months in jail — but generally much less, especially if there are no aggravating facts. Most first offenses resolve with a fine and probation rather than actual jail time. Administratively, your vehicle registration will be suspended (often around 60 days), and you’ll have to pay reinstatement fees and show proof of current insurance before you can legally drive that vehicle again.

For a second offense within five years, the exposure increases. The fine range is similar, but courts are typically less forgiving. Jail time is still authorized up to 12 months (again, usually much less in practice), but probation terms may be stricter. Both your registration and driver’s license may be suspended, often for around 90 days. Reinstatement requires payment of all fines and fees and proof of insurance, and you may be required to file an SR-22 (certificate of financial responsibility), which usually increases insurance premiums for several years.

For a third or subsequent offense within five years, the court can impose harsher conditions. The fine range remains up to $1,000, but judges are more likely to consider active jail time within that “up to 12 months” window. License and registration suspensions can extend to six months or longer. An SR-22 requirement is very likely, and reinstatement becomes more expensive and time-consuming.

Separate from court penalties, Georgia also imposes administrative lapse fees if your coverage was cancelled before the stop — typically a $25 lapse fee, and if not addressed promptly, additional penalties up to about $160. The Georgia Department of Driver Services handles license suspensions and reinstatements, and insurance compliance is tracked electronically, so lapses are usually detected quickly.

One practical note: if someone actually had valid insurance at the time of the stop but simply couldn’t provide proof, bringing proof to court can often reduce the charge to a small fine and avoid suspension. But if there truly was no coverage in place, Georgia treats repeat uninsured driving progressively more seriously.

If you’re pulled over and cited for not having insurance, call our office today and speak with one of our experienced attorneys at (404)581-0999.

 

Failure to Appear in Fulton State Traffic Court (FTA)

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Failure to Appear typically occurs when you have missed a court date in the Fulton State Traffic 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 Fulton State Traffic 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.

Enhanced Penalties for a Second DUI Within 5 Years in Fulton County

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In Georgia, the penalties for being convicted of two DUIs within a 5-year period are automatically enhanced as required by Georgia law. The mandatory minimum sentence required is as follows:

  • 12 months in custody- all but 72 hours of this may be probated
  • $600 fine plus any surcharges
  • 240 hours of community service
  • A clinical drug and alcohol evaluation and any treatment recommended by the evaluation
  • Completion of the DDS risk reduction program
  • Completion of a victim impact panel

Implications for an individual’s driver’s license are also enhanced and include:

  • An 18-month total license suspension
  • The first 120 days is a hard suspension
  • The next 12 months require the installation of an ignition interlock device and a limited permit that allows you to drive to school, work, medical appointments, or court ordered appointments
  • The ignition interlock device may be removed for the remaining 2 months but the limited permit remains in place

As you can see, the stakes are very high when you are charged with a second DUI within a 5-year period. It is imperative that you hire a knowledgeable lawyer to help you defend your case. If you find yourself charged with a second DUI within a 5-year period in Fulton County, call the experienced lawyers at W. Scott Smith, PC today for a free consultation.

Zero-Point Order in Cobb State Court

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

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

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

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

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

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

 

 

Disorderly Conduct in Fulton County, Georgia

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Being charged with Disorderly Conduct in Fulton County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases.

Under Georgia law (OCGA 16-11-39), disorderly conduct includes:

  • Acting violently or aggressively toward someone, causing them to fear for their safety or their property
  • Using “fighting words” that are so abusive they could spark immediate violence
  • Using obscene, vulgar, or profane language without provocation toward a child under 14, in person or over the phone

If you’re accused of any of these actions, having a skilled attorney is important. A lawyer may find strong defenses, such as:

  • The State cannot prove every element of the charge.
  • The alleged victim has credibility issues.
  • The evidence against you is weak.

As trial lawyers, we love taking cases to trial when it’s in our clients’ best interests. But trial isn’t the only way to resolve a disorderly conduct case. There are often several strong options that can still lead to great outcomes, including getting the charges dismissed. Many clients qualify for pretrial diversion programs, which can result in a complete dismissal once requirements are met. We also frequently negotiate with prosecutors to reduce charges to something less serious, such as reckless conduct. Our job is to find the path that achieves the best possible result for you.

If you’re facing a disorderly conduct charge in Fulton County, we offer free consultations. Call us at 404-581-0999 to speak with an experienced attorney about your case.

 

I Made a Statement I Regret. Can I get the case dismissed?

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Under Georgia law, it’s often harder than people expect to “take back” a statement and have a criminal case dismissed. The biggest reason is that once charges are filed, the case no longer belongs to the person who made the report — it belongs to the State. Criminal cases are prosecuted in the name of the State of Georgia, and only the prosecutor (such as the District Attorney or Solicitor) has the authority to dismiss the charges. So even if a person tells the court or the prosecutor that they want to “drop the charges,” they don’t actually have the legal power to do that.

Another issue is that the original statement usually becomes evidence as soon as it’s given. If it was written, signed, recorded on body camera, captured in a 911 call, or used to obtain an arrest warrant, it doesn’t just disappear because someone changes their mind. Prosecutors can still use that prior statement in court, especially if it was made close in time to the alleged incident. In some situations, a recantation can actually create credibility problems, because it raises the question of which version is true — the first statement or the new one.

It’s also important to understand that prosecutors don’t have to rely solely on the reporting witness. They may have photographs, medical records, officer observations, independent witnesses, or other evidence that supports the case. If they believe there is enough evidence to prove a crime occurred, they can move forward even if the original witness no longer wants to cooperate.

Finally, recanting a statement can sometimes create legal risks of its own if it appears that a false statement was made at some point. For all of these reasons, simply “taking back” a statement rarely results in automatic dismissal. While a recantation may affect how the case is negotiated or tried, the ultimate decision to continue or dismiss rests with the prosecutor — not the individual who made the original report.

If you find yourself in this situation give our office a call TODAY at (404)581-0999

Rape Shield Statute

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If you are charged with Rape in Georgia, it is imperative that you retain a sex crimes defense attorney immediately. There are rules in Georgia that protect the alleged victim from having her character attacked.

O.C.G.A. 24-4-412 prohibits certain evidence from being introduced at trial. This is known as the Rape Shield Statute. The evidence that is excluded from trial include, but not limited to, evidence of the alleged victim’s marital history, mode of dress, and general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards.

The Rape Shield Statute contains an exception to its exclusionary rule. The past sexual behavior of the complaining witness is not admissible unless the trial court found that the past sexual behavior directly involved the participation of the defendant and found that the evidence expected to be introduced supported an inference that the defendant could have reasonably believed that the complaining witness consented to the conduct complained in the prosecution.

Do not think that if you are charged with Rape in Georgia that you can attack the alleged victim for her past sexual behavior or think that just because she was dressed a certain way that you can argue that to the jury. The laws in Georgia protect rape victims from a character assassination in Georgia.

If you want to bring in evidence that fits the exception to the Rape Shield Statute, then the defendant shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine the accused’s evidence. At the conclusion of this hearing, if the court finds that any of the evidence introduced at the hearing is admissible or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced.

So, if you are accused of Rape, it is important to write out a log of every interaction you have had with the alleged victim, exactly what you remember talking about with the alleged victim and any evidence or witnesses that may help you establish that you believe consent was given.

In a Rape case, your life is literally hanging in the balance. Do not think that just because you believe you had consent and just because you know it did not happen, that the case will just go away or the judge and jury will just understand your side. Once you are accused of Rape, you need to go on offense in your preparation and show that either 1) you were misidentified as the person accused of rape or 2) you had consent of the alleged victim.

A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.

In addition, the person could be on the Sex Offender Registry for life.

If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.

The statute of limitation for a prosecution of rape is 15 years.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.