What to expect during a DUI stop in Covington, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Covington, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Covington, GA, your case will be sent to Covington Municipal Court. In Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the Superior Court of Newton County.

If you have been arrested for DUI in Covington, GA and would like a free consultation, call us at (404) 581-0999.

 

What is calendar call or a pretrial court date for a criminal case in DeKalb County?

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If you are charged with committing a crime, there are many different hearings and/or court dates that you may have to attend. One of those is, what some jurisdictions refer to as, calendar call or pretrial hearing. What is calendar call or pretrial hearing? A calendar call and/or pretrial hearing is a court date where the judge is wanting to know the status of where the case is, i.e., ready for trial or needing additional time.

 

What is the purpose of calendar call or pretrial? The purpose is to inform the court where the attorneys are in the case so that the court can set the case for trial. Some examples that an attorney would announce at calendar call or pretrial is that negotiations still pending, still reviewing discovery, still investigating, still missing discovery from the prosecutors, still waiting on medical documents or reports, still waiting on testing etc. Generally, nothing of significance happens at this court date unless you plan to enter a plea and close your case out. Some counties have calendar call or pretrial a week or two after arraignment. Typically, the scheduling for calendar call or pretrial is dependent on the county you have a case in and the judge you are in front of. Some counties and judges set calendar call or pretrial a month or two out.

 

If you or someone you know has been charged with a crime and has a pending case in DeKalb County, having a lawyer help you through the process can ensure your rights are protected. Contact the Law Office of Scott Smith today for a free consultation at 404-581-0999.

What to expect during a DUI stop in Powder Springs, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Powder Springs, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Powder Springs, GA for DUI, your case will be sent to Powder Springs Municipal Court. In the Powder Springs Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cobb County.

If you have been arrested for DUI in Powder Springs, GA and would like a free consultation, call us at (404) 581-0999.

 

What is Arraignment?

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If you are charged with committing a crime, there are many different hearings that you might have to attend. One of those is an Arraignment. What is an Arraignment? An arraignment is the first court appearance or first court date someone receives after they get out of jail on bond or after they receive a traffic ticket. Some counties don’t give you a court date immediately. Other counties will mail you a court date. Sometimes it can be a while before you have your first court date.

What is the purpose of Arraignment? Arraignment is to notify you what your charges are and give you an opportunity to plead guilty or not guilty. In Georgia, every defendant has the right to an arraignment in a felony and misdemeanor case.

Sometimes the charge you were originally given or arrested for is not the same charge that the prosecutor is going forward on. This means that they can charge you with something more serious or charge you with something less serious.

Arraignment is not the time where you can present evidence or argue your case to the judge.  It is simply the time to enter guilty or not guilty and hear the formal charges the prosecutor is moving forward against you on. In all, not much happens at Arraignment. Ideally, you should have an attorney to represent you at arraignment. A lawyer can appear in court on your behalf and waive arraignment to excuse you from court.

If you or someone you know has been arrested or charged with a crime or is under investigation, having a lawyer help you through the process can ensure your rights are protected. Contact the Law Office of Scott Smith today for a free consultation at 404-581-0999.

 

Rape Shield in Georgia

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If you are charged with Rape anywhere in the State of 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.

Theft by Shoplifting in Dunwoody Municipal

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In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a state law in which the offense is charged as a misdemeanor, or in more serious cases, a felony. Here, we will discuss when a shoplifting case lands in the Municipal Court of Dunwoody.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. If an accused has been alleged to have shoplifted property or goods valued at less than $500, this will be characterized as a misdemeanor offense. However, if the accused has prior shoplifting convictions, it may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these charges by either getting them dismissed, or reduced to another offense, by negotiating with the Dunwoody Municipal prosecutor, or by bringing forth affirmative defenses to such allegations, either during a bench trial in the municipal court, or during a jury trial in Dekalb County State Court.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by shoplifting in Dunwoody, Georgia, please call our office today at 404-581-0999 for a free consultation.

Theft by Shoplifting in Marietta Municipal

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In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a state law in which the offense is charged as a misdemeanor, or in more serious cases, a felony. Here, we will discuss when a shoplifting case lands in the Municipal Court of Marietta.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. If an accused has been alleged to have shoplifted property or goods valued at less than $500, this will be characterized as a misdemeanor offense. However, if the accused has prior shoplifting convictions, it may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these charges by either getting them dismissed, or reduced to another offense, by negotiating with the Marietta Municipal prosecutor, or by bringing forth affirmative defenses to such allegations, either during a bench trial in the municipal court, or during a jury trial in Cobb County State Court.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by shoplifting in Marietta, Georgia, please call our office today at 404-581-0999 for a free consultation.

Disorderly Conduct in Fulton County, Georgia

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If you have been charged with Disorderly Conduct in Fulton County, you are facing a misdemeanor charge for which the maximum penalty is a year in jail and a fine of $1000. Disorderly conduct should not be taken lightly, as a conviction can have consequences on your employment, immigration status, probation, and future cases.

Georgia law defines disorderly conduct as “acting in a violent or tumultuous manner toward another person whereby he/she is placed in reasonable fear of the safety of his/her life, limb or health, or whereby his/her property is placed of being damaged or destroyed.” It is also defined as “without provocation, using opprobrious or abusive words which by their very utterance tend to incite an immediate breach of the peace (i.e. fighting words – which will naturally tend to provoke violent resentment); or, without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under 14 which threatens an immediate breach of the peace.” OCGA 16-11-39(a).

If you have been charged with committing disorderly conduct in any of those four ways, –acting in a violent manner towards a person or a person’s property, using fighting words, or using obscene language towards a child 14 and under– you need quality legal representation to help resolve your case. Oftentimes, an attorney can help you to find a legal defense in your case. Perhaps the State cannot prove every element charged beyond a reasonable doubt. Perhaps the alleged victim has some serious credibility issues. Whatever it is, an experienced attorney can help to find weaknesses in the State’s case which would benefit you at trial. Sometimes, trial is not a good option for you if you have some criminal history, if the alleged victim is credible or a special class (children, the elderly, pregnant women, etc.) or because the case against you is very strong. In situations like these, a plea deal may be in your best interest. In this case, our attorneys have had success in negotiating reductions with Fulton County prosecutors to less serious crimes like reckless conduct, or can arrange for you to enter into a diversion program which would result in your case being dismissed.

These are strategies which an experienced attorney can utilize to get a good outcome in your case. If you have been charged with disorderly conduct in Fulton County, our firm offers free consultations. Feel free to give us a call to speak with one of our experienced attorneys about your case. 404-581-0999.

What to expect during a DUI stop in Dunwoody, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Dunwoody, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Dunwoody, GA for DUI, your case will be sent to Dunwoody Municipal Court. In the Dunwoody Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of DeKalb County.

If you have been arrested for DUI in Dunwoody, GA and would like a free consultation, call us at (404) 581-0999.

Child Molestation in Clayton County

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Child Molestation is a serious crime in the State of Georgia. If you are arrested in Clayton County  for child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Clayton County District Attorney’s Office has a unit called the Crimes Against Women and Children Unit and they zealously prosecute these cases and they are very prepared. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on a calendar the next day for First Appearance. At this hearing, the Clayton County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a child molestation. You will then need to file a motion for a formal bond hearing and a preliminary hearing. These hearings take place at the Clayton County courthouse on the 2nd floor. It is crucial to get an attorney retained to be at the First Appearance hearing at the Clayton County courthouse.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you in Clayton County, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us. Time is of the essence to properly investigate the allegations.

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. Our office is in downtown Atlanta.

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.