Archive for category: Blog

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.

 

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.

 

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.

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.