Georgia Criminal Law – I Lied to the Police, What Happens Now?

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Being questioned by the police is unpleasant. This is true whether the person being questioned is a suspect, a witness, or an alleged victim in a criminal case. But, however discomforting it may be, police questioning is a critical part of the policing process and administration of justice. Therefore, there are several criminal laws against the providing of false information to the police. This article serves to explore the laws of giving a false name, making a false police report, and making a false statement to the police, what the punishment is, and practical guidance on what to do if you have done one of these things.

False Statement to Police & Penalty

Georgia law, O.C.G.A. § 16-10-20 provides, a person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be guilty of a felony, punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

False Report of a Crime in Georgia & Penalty

Pursuant to Georgia law, O.C.G.A. § 16-10-26, a person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor. Misdemeanor charges are punishable by a penalty of a $1,000 fine, one year in jail, or both.

Giving a False Name in Georgia & Penalty

Under Georgia law, O.C.G.A. § 16-10-25, a person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birth date is guilty of a misdemeanor. Misdemeanor charges are punished as a $1,000 fine, one year in jail, or both.

I’ve Made a False Statement, What Do I Do?

If you made a false statement as a suspect in a criminal case, then you should absolutely obtain a criminal defense attorney to represent you. A trained and experienced attorney can assist you in raising legal defenses, challenges, and mitigating evidence.

If you have made a false statement as an alleged victim, you should consider the following courses of action:

  • Contact the Prosecuting Office: before you contact the prosecuting office (District Attorney for felonies and Solicitor General for misdemeanors), you should know exactly who it is you will be speaking to. You may be directed to the actual prosecuting attorney who is handling the case, a Victim Witness Assistant who generally oversees witness communication, or a legal assistant.
  • Explain the False Statement: when a person makes a false police report or statement to police about an alleged crime committed by an innocent person, they are impacting the freedom of the accused person. It is imperative the false statement be corrected so the innocent person may be exonerated. This comes with the understanding that taking responsibility of the false statement could cause the prosecuting attorney to charge you with one or more of the above offenses.
  • If You Are Ultimately Charged: you should contact a criminal defense lawyer who can assist you in raising defenses, challenges, and mitigating evidence.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Lamar County Georgia Drug Crimes

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If you have been charged with a drug crime in Lamar County, you have come to right place.  Even though less than 3 miles of I-75 runs through the corner of Lamar County, you can almost guarantee that there will be one or more officers policing that little strip of interstate at any given time.  Make no mistake about it, those officers are there to write traffic citations and will always have an eye towards sniffing out drugs in your vehicle.  This is how a majority of drug cases begin in any county, but Lamar County really capitalizes on its little stretch of interstate.

So we will assume that if you are charged with a drug crime in Lamar County, that your case likely started as a result of an automobile search for the time being.  Please refer to our previous blogs if your case happens to be the result of some other encounter such as a search of your residence or an encounter with an officer on foot.

The first step in defending any automobile search is to attack the basis for the stop of the vehicle.  I.e. the officer had no reason to stop you and thus it was an illegal search and seizure based on a bad stop.  The second step is to determine how exactly the officer got his or her hands on the drugs.  Hopefully, you did not consent to the search or willingly hand over the drugs since the officer still needs a valid warrant (or likely one of a number of exceptions to the warrant requirement) to search your vehicle.  If you did consent, then you have waived any further argument about an unlawful search and seizure, but we can still attack the basis for the initial stop and attack your “consent” as being coerced by the officer.  There are a number of exceptions to the warrant requirement, but that is precisely the reason you consult with and ultimately hire the best defense attorney you can find.  For drug crimes in Lamar County, we’ll ensure you get the best possible outcome.  Call us today at 404-581-0999 for your free consultation.

Georgia Criminal Law – Fulton Orders Stay-at-Home or Face Criminal Sanction

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On Tuesday, March 31, 2020, Dr. S. Elizabeth Ford, district health director of the Fulton County Board of Health signed an order requiring all residents of Fulton County to stay in their residence. Individuals are “permitted to leave their places of residence only to provide or receive certain essential services or engage in certain essential activities and work for essential businesses and governmental functions.”

A violation of this order constitutes a misdemeanor offense which carries a maximum punishment of up to 12 months in jail and a $1,000 fine, or both.

According to the order, residents may leave their home for “essential activities” to ensure the health and safety of themselves, their families, or their pets. Outdoor activity like walking or running is allowed so long as social distancing is maintained (six feet apart from each other).

“Essential businesses” in Fulton County include:

  • Healthcare operations
  • Grocery stores
  • Farming, livestock, fishing
  • Businesses that provide food, shelter and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals
  • Newspapers, television, radio, and other media services
  • Gas stations, auto-supply, auto repair
  • Banks
  • Hardware stores
  • Hotels, motels, conference centers – but only to provide shelter not for gatherings
  • Plumbers, electricians, exterminators
  • Businesses providing mailing and shipping services, including post office boxes
  • Educational institutions for the purpose of facilitating distance learning
  • Laundromats, dry cleaners
  • Restaurants for drive-thru, deliver or carry-out
  • Cafeterias in hospitals, nursing homes, or similar facilities
  • Businesses that supply products for people to work from home
  • Home-based care, and residential facilities for seniors, adults or children
  • Legal or accounting services
  • Veterinary care facilities, animal shelters or animal care
  • Bike shops
  • Childcare facilities
  • Janitorial services
  • Funeral homes, crematories and cemeteries, while maintaining social distancing
  • Utility, water, sewer, gas, electrical, oil refining, roads and highways, railroad, public transportation, ride share, solid waste collection, internet services

All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes above. Nothing in the order prevents the gathering of members of a household or living unit. This order will remain in place until rescinded.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

How Will the Corona Virus Affect My Criminal Case?

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            COVID-19 continues to have worldwide impact on everyday life. The new normal is unlike anything anyone in our lifetime has experienced. Terms of “Shelter in Place” and “Stay at Home Orders” are on every news station and radio broadcast. You may be wondering legally what it all means – and how it will affect your criminal case in Georgia.

            If you have a criminal case pending, your case is likely being impacted. On March 14, 2020, Chief Supreme Court Justice Harold D. Melton issued an order declaring a statewide Judicial Emergency.  (YOU CAN LINK THE ORDER HERE: https://www.gasupreme.us/wp-content/uploads/2020/03/CJ-Melton-amended-Statewide-Jud-Emergency-order.pdf)  The current order is in effect for 30 days, or until April 13, 2020 at 11:59pm, unless it is further extended. In that order, Justice Melton suspended all judicial operations for non-essential functions. This means that regular calendar calls, jury trials, status hearings, and plea dates will not be occurring as scheduled. No grand jurors or trial jurors will be empaneled to try a criminal case during this time. 

            Courts will remain open to address issues that are “necessary to protect health, safety and liberty of individuals.” Hearings involving motion for bond are still occurring. This means that if you or a loved one is arrested during the judicial emergency, a first appearance and bond hearing will still occur. More and more jurisdictions are allowing these hearings to take place via video conferencing. In fact, Justice Melton, through the order, encouraged Courts to handle court functions via videoconferencing when possible in order to continue the essential business of the Court while protecting citizens, judges, and lawyers from exposure to the coronavirus.

            Temporary protective orders (TPOs), commonly known as restraining orders will also continue to be addressed as normal given that these hearings are deemed necessary to protect safety of individuals in that they involve domestic violence. Juvenile detention hearings, as well as mental commitment hearings, will continue to operate normally pursuant to the judicial emergency order. Hearings for the applications for criminal search warrants and arrest warrants will also continue to occur normally which means that law enforcement are still investigating and arresting individuals accused of crimes.

            Other ways that your criminal case will be affected are that many deadlines commonly practiced in criminal cases are suspended. For example, the statute of limitations for the State of Georgia to bring formal charges against you is tolled. Typically, the State is required to file formal accusation or indictment within two years of arrest for misdemeanors, and four years of arrest for most felonies. Due to the judicial emergency it is possible that the State will bring charges after the typical statute of limitation has run.

            Additionally, if someone with a current criminal case has a pending speedy trial demand filed, the deadline at which the State must try the case will also be suspended pursuant to the Judicial Emergency Order. Typically, when a speedy trial demand is filed, the case must be tried by the following term of court. This deadline has been suspended in Georgia and thus speedy trials will take longer to occur than normally.

            Once the coronavirus is contained and courts re-opened, you will receive your next court date, and your case should proceed through the justice system at that point, albeit with certain delays. For now, in order to protect individuals and those who work in the justice system, business is not as usual. However, we at the Law Office of W. Scott Smith continue to work around the clock on behalf of their clients and are prepared to hit the ground running where our cases were left off and will work tirelessly to assist in the release of people in custody. If you or a loved one has any questions about their criminal cause during the coronavirus, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Statewide Shelter in Place Order

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By: Mary Agramonte           

A Statewide shelter-in-place order will go in place today, Friday April 3, 2020 at 6:00p.m. The order is to stay in effect until April 13, 2020 at 11:59pm. It is an Executive Order requiring everyone to remain home unless conducting Essential Services, Minimum Basic Operations, or Critical Infrastructure.

You may be wondering what this all means. What is considered essential? And what if I am out doing non-critical infrastructure work? Will police be making arrests for this? Will I be prosecuted?

Essential Services

            During the Shelter in Place Order, you may leave the home to conduct Essential Services. This includes getting food and medication for you and your family, although pick up and delivery should take preference according to the Order. You may continue to exercise outside so long as there is six feet between other people. You can seek medical, behavioral health, and emergency services during the Shelter in Place Order.

            Minimum Basic Operations

            The second category mentioned in the Order that allows travel outside the home is “Minimum Basic Operations.” This part is extremely limited. Unless your business is defined as Critical Infrastructure, discussed later in this article, the minimum basic operations only allow you to leave the home for minimum necessary activities to maintain value of the business. This means process payroll and facilitating employees to work from home. Companies with employees who work outdoors can continue working including delivery, contractors, landscapers, and agriculture. If a business is conducting Minimum Basic Operations, the order requires screening of employee health, required time off if sick, providing protective equipment as available, implementing staggered shifts, and prohibiting workers gathering.

            Critical Infrastructure Work Force

            The third category of exemptions to the Shelter in Place Order is for Critical Infrastructure. This refers to businesses that have been defined by the United States Department of Homeland Security as “essential critical infrastructure workforce.” This includes workers in Communications, Energy, Government Facilities, Healthcare, Food Services, Nuclear Work, Legal Services, Financial Services, among others. Critical Infrastructure that continues in-person operations must implement measures to mitigate exposure and spread of COVID-19. This means enhancing sanitation of workplace, requiring hand washing, providing personal protective equipment as available, and prohibiting gatherings of workers. Video conferencing is strongly encouraged in all sectors.

            Forbidden Activities

Activities strictly forbidden by the order are in-room dining restaurants, bars, gyms and fitness studios, and live performance venues. Additionally, beauty and massage businesses must close.

During the Shelter in Place Order, visitors to the home are forbidden. This means it is against the law to have friends or family from outside the home come visit. Obviously, visitors providing medical services or supplies are allowed, as well as visitors coming by to provide necessary food and supplies, to the extent practicable without using in-person contact. Visitors can still be received during end-of-life circumstances.

Will I be Arrested or Cited for Violating the Order?

Pursuant to O.C.G.A. 38-3-7, any person who violates the Order will be guilty of a misdemeanor offense. Misdemeanors in Georgia carry a punishment of up to 12 months in jail and/or a fine of $1,000. The Order does direct law enforcement to take reasonable steps to provide notice before issuing a citation or making an arrest. Police are empowered by law to make citations and arrests, and prosecuting attorneys office will investigate and bring formal charges should they choose when courts re-open.

Read the full Statewide Shelter in Place Order Here: https://gov.georgia.gov/document/2020-executive-order/04022001/download

The Law Office of W. Scott Smith, as a legal services provider, is entitled to work during this time, and we continue to be available 24/7 for our clients and for FREE CONSULTATIONS on criminal charges. Call us today at 404-581-0999 if you or a loved one has a criminal issue during this time.

Atlanta Georgia Criminal Law – Theft of Services

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In Georgia, it is against the law to avoid payment of services, entertainment, accommodations, or the use of personal property. This is known as Theft of Services, found at O.C.G.A.  § 16-8-5.

Examples of Theft of Services include utilizing a cleaning or lawn care company, and then not paying. Other service examples could be legal services, hair styling services, or accounting services. Simply put, it is against the law to use someone’s services and then avoid payment. Theft of services in Georgia also includes theft of utility services like water and electricity. In that situation, you can be charged with numerous crimes for tampering with electric or water meters.

  In order for Theft of Services to be a criminal issue, thus potentially involving loss of liberty and a criminal history, the State must prove that the avoidance of payment was done by deception and with the intent to avoid the payment. Without deception and criminal intent, theft of services is more accurately defined as a civil or monetary legal issue, versus a criminal one. If the State is unable to prove deception or criminal intent to avoid the payment, there is a strong defense case for an acquittal. This is because civil courts are filled with people not paying other people back. In most instances, it is a contract issue. However, if there is the criminal intent to avoid payment and done so deceptively, the prosecuting attorney will bring the case to court.

So what is deception? Deception is defined in Georgia law for purposes of Theft of Services as providing knowingly false information to another with the intention to avoid payment. For example, Georgia law has held deception to be found when the suspect used a forged check to pay for lawn mower repair. In that situation, the State proved deception via the falsifying check as well as intention to avoid payment as the person never returned to make the payment.

What is the Punishment for Theft in Georgia?

  • If Theft of Services amount is:
    •  Less than $1,500: the maximum punishment is 12 months in jail and/or $1,000.
    • $1,500.01 – $5,000: 1 to 5 years imprisonment
    • $5,000.01 – $24,999.99: 1 to 10 years imprisonment
    • $25,000 or more: 2 to 20 years imprisonment

Note that there is increased punishment if the theft involved a fiduciary in breach of a fiduciary obligation. 

                So long as the amount of theft is less than $25,000, the trial court actually has discretion to treat it as a misdemeanor. Misdemeanors, if convicted, carry less harsh sentences. Misdemeanors also do not require the forfeiture of civil rights (i.e. to carry a firearm or sit on a jury).

                If you or a loved one has been arrested for Theft of Services, or any type of Theft case in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Criminal Law – Pre-Trial Intervention in Fulton County Non-Complex Cases

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Since December 12, 2007, Fulton County has designated certain non-violent felony cases to be processed expeditiously through a 9-week case management process within their “non-complex division.” In the non-complex division, “cases are monitored through timely indictment, opportunity for plea and arraignment, motions and trial. This handling of the felony non-complex calendar directly impacts the jail population, reducing length of jail stay and allowing those non-violent charges quicker resolutions, while allowing Superior Court judges to focus on managing and trying violent and more serious felony cases and other complex litigation.”

Because of this desire to resolve cases quickly, the State will often offer defendants plea offers at arraignment (very first court date). Generally speaking, a person accused of a felony should not enter a guilty plea at arraignment. This is because there has been no real opportunity to investigate the case, legal issues, and defenses. It is, however, highly suggested the person consider entering into Pre-Trial Intervention (PTI) Program if offered. 

What is PTI?

PTI is a diversion program, which is essentially a contract between the person accused and the State. On one end of the contract the person agrees to perform certain conditions (usually community service, counseling, classes, a program fee, clean drug screens, etc.). If the person successfully completes these conditions within the set period of time, the State then agrees to not prosecute (or dismiss) the case.

In Fulton County Non-Complex cases, the assigned District Attorney (prosecutor) makes the decision whether to offer PTI. If offered and accepted, the case then goes to a coordinator with the PTI program and is temporarily removed from the Court’s docket. All communication and performance of the program goes through the diversion coordinator.

If offered and the person does not accept, the person has to decide whether to plead guilty or go to trial. Similarly, if you accept PTI, but for whatever reason, are removed from the PTI program, your case will be then placed back on the trial calendar. The benefit here is that removal from the program will not cause a guilty plea to go into effect. As a result, entering into PTI is a low risk high reward opportunity. A person may be removed for missing meetings, failing drug screens, or failure to communicate generally.  

Your Criminal History and What to Ask For

The benefit of PTI is that your case is dismissed upon successful completion. Ideally, your record should also automatically be restricted. A record restriction will prevent the general public from seeing the dismissed case on a background check through GCIC. A non-restricted record will show an arrest for the crime and that the crime was ultimately dismissed. Therefore, if you are offered PTI in Fulton Non-Complex, you want to ensure the prosecutor and PTI coordinator understand and agree in writing to an automatic record restriction. If this is not a written part of the PTI agreement, you will have to apply for record restriction yourself after completion of the PTI program.

Contact Us

An experienced attorney can assist you in obtaining a PTI offer, explaining the terms, and successfully completing the PTI program. If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Can I get a DUI if I am under .08 in Georgia?

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            Most of us are aware that the legal limit for a DUI for a driver over 21 years old is .08. What comes as a surprise to most, however, is that you can also be charged with DUI even if you were well below the legal limit. How is this possible? You can be arrested and charged with DUI, even if you blew below the legal limit, under Georgia’s DUI Less Safe law. In practice, it is a very common way to be charged with DUI in Georgia.

            Georgia law has criminalized DUIs into a few different categories. The two most common ways to be charged with DUI are DUI Per Se and DUI Less Safe. DUI Per Se occurs when a person is arrested after being alleged to be in control of a moving vehicle with a blood alcohol concentration of .08 grams or more. This means that after he or she was arrested, law enforcement obtained a blood alcohol reading either by a breath, blood, or urine test taken typically at the jail or a hospital.

What happens if I don’t blow or take a breathalyzer?

            In this situation, you can still be charged with DUI Less Safe. DUI Less Safe in Georgia means you were in control of a moving vehicle, after having consumed alcohol, to the extent it made you a less safe driver. Evidence in this situation may not include an actual BAC number, but the State will attempt to prove DUI with other pieces of evidence. For example, the State may bring forward evidence of an odor of alcohol, bloodshot eyes, open containers, and/or poor performance on field sobriety tests.

            In some instances, if you decline or refuse the breath or blood test at the officer’s request, the police officer will take out a search warrant to take your blood over your objection. In this situation, you can be charged with both DUI Less Safe and DUI Per Se if the BAC comes back as over .08.

What happens if I blow below the legal limit?

            In Georgia, you can still be arrested and charged with DUI Less Safe. This is because a BAC greater than .08 is not a requirement in DUI Less Safe cases. If you blow a .07, a .06, or even a .05, you can and will still be prosecuted for DUI. This seems shocking to some, but we see it happen regularly. The State, in this situation, still has to prove impairment- meaning the prosecutor must still prove you were a less safe driver because of the alcohol.

Georgia’s Law on Alcohol Content

In Georgia, you are Per Se impaired if your blood or breath test shows a result of .08 grams or more. If your BAC is more than .05 but less than .08 grams, there is no inference of impairment. This means it is up to the judge or the jury to consider whether or not you were actually a Less Safe driver or not. In Georgia, a BAC of even less than .04 can get you into court fighting for your life and freedom. In a scenario where the BAC was les than a .04, Georgia law has a presumption that you were NOT impaired. The State can rebut this inference through other evidence in a trial. A different BAC applies in cases where the driver is under 21 years old. In that situation, an under 21 DUI ‘legal limit’ is .02 grams.

We routinely see drivers with a ‘below the legal limit’ DUI have their cases prosecuted. Do not assume that the prosecuting attorney will throw the case out based on having been less than .08 grams. If you were arrested, the State will most likely bring the prosecution’s case with any other evidence they have, even if they do not have a BAC or if the BAC was below a .08 grams.

DUI cases are one of them most litigated cases in Georgia courtrooms. This is because there is so much at stake with a DUI conviction: jail time, lengthy and involved probation sentences, suspended licenses, and a criminal history that cannot be expunged. There are numerous defenses to DUI Less Safe and DUI Per Se cases, no matter what the BAC is or what county you were arrested in. If you or a loved one has been arrested for Driving under the Influence, call W. Scott Smith today for a FREE CONSULTATION at 404-581-0999.

Self Defense in Georgia: Are You Immune from Criminal Prosecution?

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The police put you handcuffs for shooting another person. You are on your way to the county jail. You know you acted in self-defense and want a jury trial. But before your jury trial, you are entitled to a hearing to see if you are immune from criminal prosecution. 

O.C.G.A. 16-3-24.2 authorizes a pre-trial hearing to decide if a defendant is immune from criminal prosecution. You must first file an immunity motion requesting a hearing. To avoid trial, a defendant has the burden of proof that he is entitled to immunity. The standard of proof is by a preponderance of evidence.

If the trial judge finds that you have met the burden of proof regarding self-defense, then your indictment is dismissed, and the State cannot continue to prosecute you.

If the defendant cannot meet its burden regarding self-defense at an immunity hearing, he can still argue self-defense at trial. You get two shots at winning your case. First, argue self-defense at an immunity hearing. If you lose, argue self-defense to a jury at trial.

At the immunity hearing, the defendant would call witnesses, present evidence and persuade the judge that he was acting in self-defense. The judge must employ O.C.G.A. 16-3-21(a) to make the finding. This section requires the judge to make a finding of justification based on evidence of the defendant’s reasonable belief that the use of deadly force against the other person was necessary to prevent the defendant from dying or being seriously injured.

If the judge makes such a finding, then the case is over.

If you believe you are being charged with a crime but that you had to act in self-defense to avoid death or serious injury, then call our office and lets discuss whether an immunity motion is proper in your case.

We can meet you at any time at either our Atlanta or Marietta office. Please call us at 404-581-0999 or email me at mike@peachstatelawyer.com

Elder Abuse in Cobb County – Georgia Criminal Attorney

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If you are charged with Elder Abuse in Cobb County, it is imperative that you contact an attorney immediately. Do not talk to the police or answer any questions without an attorney.

The Cobb County District Attorney’s office has a specialized unit that prosecutes Elder Abuse cases.

What is Elder Abuse?

An elder is a person 65 or older. O.C.G.A. 16-5-100(4)

There are several different ways you can be charged with Elder Abuse in Cobb County.

  1. Neglect – When guardian or other person supervising welfare of having immediate charge, control, or custody willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health of well-being of such person is jeopardized. O.C.G.A. 16-5-101(a)
  2. Exploit – Any person who knowingly and willfully exploits, willfully inflicts physical pain or injury, sexual abuse, mental anguish, or unreasonable confinement; or willfully deprives of essential a disabled adult, elder person, or resident. O.C.G.A. 16-5-102(a)
  3. Intimidate – Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conduct pursuant to this section.
  4. Obstruct – Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to 5 of Title 30 or Article 4 of Chapter 8 at Title 31.

So what about if you work with the person charged with elder abuse? IF you are an owner, officer, administrator, board member, employee, or agent of a long term care facility then you are not liable for the actions of another unless you knew or were willful to the abuse, neglect, or exploitation. O.C.G.A. 16-5-103.

If you are charged with Elder Abuse in Cobb County, please do the following:

  1. Call an attorney who can handle an Elder Abuse case.
  2. Do not talk to the police without an attorney present.
  3. Do not talk to any of the witnesses or victim. Let you attorney handle any interviews.
  4. Do not in anyway obstruct or impede the police investigation.
  5. Make a list of any witnesses who may help your case and turn that list over to your attorney.

The punishment for Elder Abuse in Cobb County by either Neglect or Exploitation is 1 to 20 years in the Georgia prison system and up to a $ 50,000 fine. O.C.G.A. 16-5-101(d); 16-5-102(a).

The punishment for Elder Abuse in Cobb County by either Intimidation or Obstruction is a high and aggravated misdemeanor. O.C.G.A. 16-5-102(b)(c)

If you are charged with Elder Abuse in Cobb County, it is imperative that you get an attorney immediately. We will be glad to sit down with you anytime for a free consultation. Call our office 24/7 at 404-581-0999.