Serious Injury by Vehicle and Vehicular Homicide in Georgia

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You have been charged in Georgia with Vehicular Homicide or Serious Injury by Vehicle.  There is no way to describe in detail everything that needs to be done in order to reach a successful outcome for a client charged with Vehicular Homicide or Serious Injury by Vehicle in Georgia.  As with every type of Georgia criminal defense case, each case is unique, and there will never be a one size fits all recommendation on how to proceed.

Vehicular Homicide in Georgia provides:

“(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person’s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.”

The Georgia charge of Serious Injury by Vehicle provides “Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.”

What do you do if you have been charged in Georgia with Vehicular Homicide or Serious Injury by Vehicle?  The answer is going to depend on several factors.  Lets assume for this discussion the accident occurred more than one week prior to you reading this post and less than six months.  The accident happened in Georgia and you already gave a statement to law enforcement as to your recollection.

First, you want to retain a Georgia lawyer that is qualified to handle vehicular homicide cases.  The lawyer’s job will be to recreate the accident scene, assist you with your time line, assist in preserving your recollection and assisting in the investigation from the defense’s perspective.  The most important role will be in collecting and preserving evidence for the investigation.  Examples include: preserving phone records, marks on the highway, weather conditions from the accident day, videos from near the scene and credit card receipts.  Further, the serious injury Georgia lawyer will be a good sounding board for questions and expectations.  The Georgia vehicular homicide attorney will likely put the client on a to-do list involving things to help prepare the case.  The vehicular homicide or serious injury attorney will facilitate hiring an investigator and experts.  The attorney will also want to walk through the scene with the client as soon as possible.

As with anyone facing vehicular homicide charges or serious injury by vehicle charges, one of your immediate concerns will be bond.  If you cannot post a bond on a vehicular homicide case you are going to have no ability to earn money which is very much needed in order to prepare your case.  Further, the cases generally take slightly longer before formal charges are brought as there is almost always an accident reconstruction done by the city, county or State of Georgia that takes time to complete.  The case will not be indicted or accused until the final police accident report is approved.  You will want to be released on a nominal bond with as little conditions as possible.  The consideration for bond are the same as general criminal cases.  They include, likelihood to appear in court when summoned, danger to the community to commit a new felony offense, likelihood of harassing or intimidating witnesses, and your ties to the community.  In some vehicular homicide cases I have handled Judges have required special conditions in order to be released.  They include no driving, no alcohol and a treatment program.

Additionally, in the majority of cases, the injured party themselves or their family in a vehicular homicide case will need to be contacted.  If the fault is clear and the remorse is genuine, you will want to make the injured party or parties aware of your apology.  This step was an integral part of several vehicular homicide cases I successfully defended.  One reason is the prosecutor has a duty to consider the injured victim(s) input on desired outcome.  This is a very sensitive time and you must handle the communication in an appropriate manner.

Lastly, you will want to stop talking about the case to friends, family, law enforcement.  You will want to not post items to social media as your account will be monitored by someone from law enforcement or the victim’s family.  Any statements you make can potentially be used against you.  In rare cases, where you already made a statement to law enforcement, but left out exculpatory (items tending to prove innocence) information, you will want to supplement your statement to law enforcement.  This statement will be made through your attorney after properly being vetted for accuracy and potential harm to your case.

If you or a loved one is facing a Vehicular Homicide or Serious Injury by Vehicle charge, it is important you have an experienced criminal defense attorney with the experience and skill necessary to fight this case. Call us today for a FREE CONSULTATION at 404-581-0999.

Avondale Estates DUI Lawyer

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If you or a loved one has been charged with an Avondale Estates DUI, contact our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Avondale Estates lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Avondale Estates attorneys. W. Scott Smith has 18 years of DUI law under his belt, and is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association. The associates of W. Scott Smith, are  Avondale Estates DUI lawyers and have each successfully completed multiple advanced DUI seminars.

The address of Avondale Estates Court is 21 N. Avondale Road in Avondale Estates, Georgia. It is located in City Hall in Avondale Estates. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Avondale Estates. Avondale Estates has its own police department, and so if you are arrested for a DUI in Avondale Estates by an Avondale Estates Police Officer, your case will begin in the Municipal Court.

If you have been arrested with a DUI in Avondale Estates, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Avondale Estates DUI in order to best protect your freedom and your license. We are available 24/7 to speak with you about your Avondale Estates DUI at 404-581-0999.

Bond Revocation Hearings in Georgia Criminal Cases

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Bond is a constant balancing act between protecting society from alleged wrongdoers and preventing excessive incarceration before having one’s guilt proven beyond a reasonable doubt. The main purpose of bond is to ensure that the accused returns to court.

However, judges frequently include special conditions in a bond order. Sometimes, the defendant is ordered not to have any contact with the alleged victim or any co-defendants in his or her case. Sometimes, there are curfews and/or restrictions on places that the defendant can visit. If the defendant is alleged to have violated a special condition, then the prosecutor will seek to revoke the defendant’s bond. If this happens, the defendant is afforded minimal protections. The rules of evidence do not apply in a bond revocation hearing so hearsay is admissible, and the standard of proof is only by a preponderance of evidence. With that said, these hearings can be valuable in assessing the credibility of the alleged victim. If you can catch the alleged victim in a lie at the bond revocation hearing, then you can use that dishonesty to attack their credibility at trial, or a reasonable prosecutor may be willing to negotiate a reduction in the charges or a complete dismissal.

False Report of a Crime in Georgia

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By: Mary Agramonte

Under Georgia law, it is illegal to transmit false information to law enforcement, fire departments, and the public at large. For example, you can be charged with a crime in Georgia for calling 911 to report crimes, bombs, fires, or other serious situations that do not actually exist. In Georgia, these crimes are called False Report of a Crime, False Report of a Fire, and Transmitting a False Public Alarm.

In Georgia, it is a crime to willfully and knowingly give a false report of a crime to any law enforcement officer or agency. In fact, you can be charged with felony false statement AND misdemeanor false report of a crime for making up a crime that did not actually happen. If you are charged with both of these crimes, you will be sentenced for committing the misdemeanor, and will be subject to up to a year in jail, costly probation, and a fine of up to $1,000. Similarly, it is also a misdemeanor in Georgia to call the fire department for a fire that does not exist. This can also subject you to jail, probation, fines, and a criminal history for life.

Georgia treats the offense of Transmitting a False Public Alarm much more seriously. For example, if someone reports a bomb or other hazardous substance that does not actually exist, you can be found guilty of a high and aggravated misdemeanor. Depending on the location of the warning, you can be found guilty of a felony, where the mandatory minimum would be five to ten years in prison, and a fine of up to $100,000, that you would be required to pay.

Georgia courts treat False Report of Crimes, False Report of Fires, and Transmitting a False Public Alarms very seriously. If you or a friend has been charged with a crime involving the false report of a crime, call an experience criminal defense law firm right away. We provide FREE CONSULTATIONS that can protect your freedom and your future. 404-581-0999.

Are you entitled to Bond in the State of Georgia in Criminal Cases?

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The court is authorized but not required to grant a bond in most cases. The court may deny bond or grant a very high bond for more serious offenses, especially with repeat offenders. When deciding whether to grant a bond as well as to what amount, the court considers the following:

Does the person pose a significant threat of fleeing or failing to appear in court?

Does the person pose a significant danger to any person, the community or property?

Does the person pose a significant risk of committing a felony pending trial?

Does the person pose a significant risk of intimidating witnesses or otherwise obstructing the administration of justice?

Hiring an attorney shows that the defendant is committed to showing up to defend against the charges. If you have an active warrant for your arrest, then we can help streamline the turn in process and ensure that there is a bond for the charges so as to prevent excessive incarceration. If your loved one has been denied a bond, then contact us at 404-581-0999 to discuss how we can assist in bringing them back home.

Giving False Names and Statements to Police in Georgia

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by Mary Agramonte

The Constitution gives us an absolute right to remain silent in response to police questioning. Our best advice is to use it. Your silence cannot be used against you and is not a crime. So proudly use it!

Often times, people will instead make stories up to police officers in hopes of convincing them: ‘it wasn’t me!’ This can put you in a worse position as it is against the law to give false names, or false statements to police. In other words, providing basic identifying information is encouraged; lying can land you in jail.

It is a misdemeanor crime in Georgia to give a false name or birth date to a police officer if he’s in the lawful discharge of his official duties. O.C.G.A. §16-10-20.  Misdemeanors in Georgia have a fine of up to $1,000, plus all the taxes and surcharges. Giving a false name or birthday to an office can even carry up to a year in prison, or can land you on costly and time-consuming probation.

Similarly, under O.C.G.A. §16-10-20, it is against the law to make a use or make false statement to any government agency. In Georgia, it is a felony to make a false statement, or to make or use a false writing or document in any matter involving a government agency. The punishment for speaking or writing a false statement is a mandatory minimum of one to five years in prison, or a fine of $1,000, or both.

For example, it is illegal to alter or falsify information on any applications or documents that you are presenting to any branch of the government. It is also against the law to knowingly conceal or cover up something to the police, and it is illegal to lie to a police officer. All of these things can place you in a position where you are facing felony charges and serious prison time.

If you have been arrested and charged with giving a false name or false statement, it is important you have experienced criminal defense attorneys on your team fighting for innocence and freedom. Call the office now at 404-581-0999 and mention this blog to get a FREE CONSULTATION on your false name or false statement case in Georgia.

 

Mandatory Minimum Sentences in Federal Court

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by John Lovell

If you’ve been charged with a federal crime in the state of Georgia, many federal crimes require a “mandatory minimum” sentence. Mandatory minimum sentences reflect a “one-size-fits-all” form of justice. It is the legislative and executive branches of the government imposing arbitrary sentences without information pertaining to the person convicted or the specifics of the crime. Mandatory minimum sentences strip the judge hearing the case from deciding what is a just and fair sentence.* Mandatory minimum sentences range from 2 years to life without parole. Families Against Mandatory Minimums has compiled a list of crimes and mandatory minimums. These mandatory minimum sentences are not just unique to federal crimes in Georgia, but are mandatory all across the country.

There are some ways to avoid mandatory minimum sentences. First and foremost, don’t commit a crime that exposes you to man mins! Obvious, right? If you are charged, seek an attorney who is familiar with federal law. I have seen many an attorney counsel a client to plea guilty, unaware of the mandatory minimum sentence. I have seen this where a life sentence was imposed. There are few circumstances where a person would voluntarily agree to be sentenced to life in prison, particularly for a drug offense.

Also, it may be possible to negotiate a plea to a charge that does not require a mandatory minimum sentence.

Finally, learn whether an exception applies that allows the judge to NOT impose a mandatory minimum sentence. Next month I’ll write about the most common exception under federal law, the “safety valve.”

*One of many examples: I had the privilege of representing a young man on appeal who received a mandatory life sentence for delivering drugs. There was no dispute but that he was a “mule.” I did not represent him at trial but read the transcript of the sentencing hearing where the conservative, George W. Bush appointed judge, described the mandatory sentence as “savage, cruel and unusual.” I filed a federal habeas motion and was able to get the young man’s sentence reduced to a term of years where he will, in the coming years, be free and not lose his life to a mandatory minimum sentence.

Sentencing Guidelines in Federal Court in Criminal Cases

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Perhaps the biggest difference between defending a criminal case in federal court versus trial courts in Georgia is the sentencing guidelines. The federal sentencing guidelines manual is complex, it includes over 500 pages of rules and formulas.

Often, to determine whether to go to trial, a person accused of a federal crime must be informed of the likely outcome of a plea and of trial. This is how one makes an informed decision. I have practiced as a federal prosecutor and private attorney since 2000. I have seen changes that have significantly affected the sentencing guidelines. The most significant change came in 2005 when the Unites States Supreme Court found that the guidelines would no longer be deemed mandatory (the “Booker” case). Prior to Booker, judges were largely compelled to follow the guidelines. Federal judges lacked discretion to determine what is a fair sentence. Lawyers were left to argue for a sentence within a narrow “guideline range.”

Today, federal judges have discretion and the lawyers advocating for clients are critical. A lawyer who has mastered the guidelines must first strive to place a client at the lowest possible guideline level. Then, the skilled attorney can argue for a “reasonable sentence” below the sentencing guideline range.

If you’d like to read the federal sentencing guidelines for yourself, they may be found at https://www.ussc.gov/guidelines.

The sentencing guidelines are one of the two most critical factors in determining what a sentence will likely be. The other is mandatory minimum sentences. I will discuss that in my next blog.

Trials in Federal Court

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by John Lovell

For my first blog with Peach State Lawyers, I’ll address trials in federal court. Because every client is cloaked in a presumption of innocence, I start with the view that the government has made an error in charging my client. My concern is based on my experience – the last three cases I tried in federal court resulted in acquittals for all or the most serious charges. The three trials resulted in acquittals for 1) murder and a gun possession charge, 2) two counts of attempted murder and a parallel gun possession charge for each count, and 3) four counts alleging the production of child pornography.

All three clients knew they were innocent of these charges and told me they wished to go to trial. After evaluating the government’s cases, I agreed with them and prepared for trial. The murder acquittal is an example of how we defend serious charges. In this case, we had more than a mere attack on the credibility of the government’s witnesses, we put up a case for innocence that was stronger than the federal government’s case. Together with my investigator, we discovered the person who committed the murder. We found witnesses who saw the murder and they were more credible than the “snitches” who testified with hopes of getting themselves out of trouble.

Not every case is appropriate for trial. However, a skilled attorney advises a client whether the case is triable.

When searching for an attorney in federal court, ask direct questions such as:
• How many cases have you handled in the courthouse where my case will be heard?
• How many trials have you represented a client as first chair (not as an assistant)?
• What were the outcomes of the cases you tried?

If an attorney tells you of terrific outcomes, ask to see proof. It is your duty as a person defending his freedom to find out which attorneys are marketing geniuses and which are skilled trial attorneys (some are both). The attorney focused on marketing may not have the skills to represent you in court. Even if the case is not a case that should be tried, you do not want an attorney negotiating for you who has a reputation of avoiding trials. You want an attorney who brings credibility to the table! After all, this may be the most important decision you make.

Be Ready for the Unthinkable – Child Molestation in Georgia

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by Ryan Walsh

Charges of child molestation or the sexual abuse of a child are the most serious cases we face as attorneys in Georgia. They usually begin with a call from someone who says they’ve been contacted by a detective regarding allegations of improper contact with a child and need to know if they should make a statement. We urge anyone who has been contacted by a law enforcement officer to call our office immediately before making any sort of statement. It is okay to tell them I need to contact my attorney. Get the detectives name and telephone number and bring that information to our office immediately.

To understand how to defend charges of child molestation and sexual abuse, you need to understand what child molestation is. Child molestation is define in the Official Code of Georgia Section 16-6-4 and states a person commits the act of child molestation when someone commits an immoral or indecent act to or in the presence of or with any child under the age of sixteen years old with the intent to satisfy the sexual desires of either the child or the person. You can also be charged with child molestation if you send a sexually explicit image to a child under 16 with the intent to arouse or satisfy the sexual desires of either the child or the sender.

The sentencing range for someone convicted of Child Molestation carries a minimum sentence of five years, and can be up to life imprisonment depending on the facts and circumstances surrounding the accusation.

Defending those accused of child molestation is difficult. The allegation often arises from the statement of a child to a person of authority, usually a parent or teacher. That statement then gets communicated to a law enforcement official and their investigation begins. At some point the child should be interviewed by a forensic psychologist, and that interview is often the most significant piece of evidence presented in the case. But just because there is an outcry from a child, doesn’t mean the case cannot be defended. Children can mimic their parents and older siblings and make statements that aren’t always factual for many reasons. They are prone to suggestion and sometimes coercion by family and friends.

It is important for a defense attorney to get involved early in these cases. Relationships have to be examined. Motives must be found. The Law Offices of W Scott Smith specialize in handling child molestation cases and investigations. Call us today at 404-581-0999 to discuss your case. There is no time to wait in protecting your freedom.