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A new bill introduced in Georgia’s statehouse aims to protect artistic expression in the courtroom, specifically targeting rap music and other forms of creative work. House Bill 237, introduced during the 2025-2026 legislative session, seeks to prevent rap lyrics—or any other artistic expression such as music, dance, performance art, poetry, literature, film, and visual art—from being used as evidence in criminal trials, unless certain conditions are met.

Under this proposed law, in order for rap lyrics or any other form of artistic expression to be admissible at trial, prosecutors must meet four specific requirements:

1. Intent: The defendant must have intended to adopt the literal meaning of the artistic work as their own statement or belief.
2. Factual Nexus: There must be a clear connection between the artwork and the specific facts of the alleged crime.
3. Relevance: The artwork must be relevant to an issue that is in dispute during the trial.
4. Probative Value: The artwork must have distinct probative value that cannot be demonstrated by other admissible evidence.

Prosecutors must prove all four of these elements by clear and convincing evidence in a pre-trial hearing. If they fail to do so, the artwork cannot be used as evidence in the trial.

The bill’s main goal is to protect the First Amendment rights of individuals, ensuring that creative works are not unfairly used against defendants in criminal cases. The bill, which has gained bipartisan support, was introduced by State Representative Kasey Carpenter.

As the bill moves forward, it highlights the ongoing conversation about the intersection of art, expression, and the law. If passed, this legislation could have significant implications for how creative works are treated in Georgia courtrooms.

Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property.

Theft By Taking

Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. Theft by taking is defined by statute in O.C.G.A. §16-8-2. “Deprive” means to withhold property of another permanently or temporarily or to dispose of the property to make it unlikely that the owner will recover it. The value of the property is only important when it comes to sentencing.

If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

Theft By Receiving Stolen Property

Theft by receiving stolen property occurs when a person receives, disposes of, or retains property that a person knows or should know is stolen. Knowledge is a required element of theft by receiving. This means that the government must prove that the person they are charging knew that the property was stolen.

Just like theft by taking, the value of the property determines the potential sentencing. If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

As you can see, theft charges can carry serious penalties. It is important to hire an experienced attorney if you are facing theft charges in Cobb County. The lawyers at W. Scott Smith, PC can review the evidence in your case and determine the best strategy for defending the case. Call our office at 404-581-0999 today for a free consultation.

In Georgia, a family violence battery is the identical charge of battery except that the alleged victim in the case has some sort of familial connection to the accused. The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not want to press charges.

According to O.C.G.A. § 16-5-23.1, a person commits a battery when he/she intentionally causes substantial physical or visible bodily harm to another. However, in order for a person to be charged with family violence battery, the crime must have occurred between the following people:

• Spouses or former spouses;
• Individuals who have a child together;
• Parents and children;
• Step-parents and step-children;
• Foster-parents and foster-children; and
• Individuals living or formerly living in the same household.

Penalties

A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A major consequence of a family violence battery conviction is that any future convictions of the same crime is an automatic felony. The first conviction of a family violence battery is sentenced as a misdemeanor, however, the second and subsequent convictions have a maximum penalty of 5 years in prison. This rule, however, does not apply to simple battery- family violence. According to O.C.G.A. § 16-5-23, simple battery occurs either when:

• A person makes physical contact of an insulting or provoking manner with the person of another; or
• Intentionally causes physical harm to another.

Simple battery-family violence is identical to the crime of simple battery, except the alleged crime occurred between the following people listed above, which constitutes a familial tie.

After the first conviction of simple battery-family violence, unlike family violence battery, the second conviction is still merely characterized as a misdemeanor. A person convicted of simple battery- family violence or misdemeanor family violence battery may be sentenced to a maximum penalty of 12 months in jail and/or a $1,000 fine.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations. Therefore, if you or a loved one has been arrested for family violence battery or simple battery-family violence, please call our office today at 404-581-0999 for a free consultation.

In Walton County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that impairs one’s ability to drive safely. 

Unlike alcohol, where a specific blood alcohol concentration (BAC) limit is set, marijuana impairment is evaluated based on the ability to drive safely. If a law enforcement officer suspects impairment, they may arrest the driver. 

Standard Field Sobriety Evaluations (SFSEs): 

In the event of a marijuana-related DUI investigation, law enforcement officers may administer field sobriety tests to determine if a driver is impaired. However, SFSEs (such as the Walk-and-Turn or One-Leg Stand tests) are primarily designed to assess impairment from alcohol or other substances that affect motor coordination and balance. These tests are less reliable for marijuana impairment because marijuana’s effects can vary widely depending on the individual and are different than the effects of alcohol. 

Drug Testing: 

A key aspect of marijuana DUI cases in Georgia is drug testing, which typically involves a blood test to detect THC, the psychoactive component of marijuana. An officer can collect your blood if you 1) agree to a blood draw or 2) a search warrant for your blood is issued. THC can remain in the bloodstream for days, weeks, or even  months after marijuana use, long after any impairment. This creates a challenge for prosecution- just because you test “positive” for THC does not mean you are impaired at the time of the drug test or blood draw, nor does it mean you were impaired while driving. However, the presence of THC in the blood can be used as evidence of marijuana use, but it does not definitively prove impairment at the time of driving. 

Possible Defenses in a Marijuana DUI Case: 

No Impairment at Time of Driving: The most straightforward defense is arguing that the driver was not impaired while driving, even if marijuana was detected in their system. If the defendant was not showing signs of impairment (e.g., not swerving, not exhibiting erratic driving behavior), this could be a strong defense. 

Challenge to Field Sobriety Test Results: As mentioned, FSEs are not be a reliable indicator of marijuana impairment. Standard field sobriety evaluations were designed for alcohol impairment. To date, there are no scientifically backed evaluations to detect marijuana impairment. 

While the laws surrounding marijuana DUI in Georgia are the same throughout the state, Hall County is more likely to see DUI cases involving marijuana due to its larger population and the prevalence of law enforcement agencies in the area, especially with Walton Police Department. DUI cases in Walton County are generally handled by whatever municipality you are initially arrested in (Monroe, Social Circle, etc) as well as the Superior and Probate Court of Walton County. If you are arrested for marijuana DUI in Walton County, it is critical to hire a skilled DUI defense attorney who is familiar with local court procedures and the nuances of marijuana-related DUI cases.