First Offender Probation Revocation

If you are alleged to have violated your first offender probation, it is extremely important to have a knowledgeable attorney with you. The consequences can be severe. The judge has the right to bring you back, adjudicate you guilty and resentence you to the maximum punishment with credit for the time you were on probation.

Adjudicating you guilty means that it turns into a real conviction and it will no longer be taken off your record when you complete your sentence.  To give you an example, let’s say your sentence is 5 years, the max for the offense is 10 years and you violate your probation after 2 years. The judge can increase your sentence from 5 years to 10 years, but you would get credit for the 2 years. That would leave you with 8 years left and you would be a convicted felon.

It is important to remember that just because you violate your probation the judge will automatically do that. It really comes down to what the violation is. If it is a technical violation, i.e. not paying the probation fees, failure to report, it is unlikely that a judge will revoke your fist offender status and resentence. However, if you pick up new charges or violate a special condition, the chances are higher that your first offender status is in danger.

If you are alleged to have violated your first offender probation, give us a call for a free consultation.

Cherokee County Sexual Battery Attorney

Georgia law makes it illegal to intentionally make physical contact with the intimate parts of the body of another without their consent under O.C.G.A. 16-6-22.1(b). It defines intimate parts as the genital area, but also inner thighs, buttocks, and breasts of a female.  Skin to skin contact is not required, and physical contact through clothing is sufficient.

Sexual Battery is typically a high and aggravated misdemeanor. High and aggravated misdemeanors have harsher sentencing than standard misdemeanors, including a fine of up to $5,000. If sentenced to custodial time on a high and aggravated misdemeanor, it is typical to not be eligible to earn good time credit or be eligible for earlier release. If convicted of sexual battery against a child under 16, it is a felony offense carrying punishment of one to five years imprisonment. When convicted of sexual battery against someone over 16 years old, the State of Georgia considers it a felony offense carrying one to five years imprisonment. Similarly, when convicted of Sexual battery for the second time, Georgia will treat it as a felony offense. Both misdemeanors and felonies appear on criminal histories.

There are defenses to Sexual Battery in Georgia. First of all, a defense would be if the incident did not occur.  Additionally, having the other party’s consent is a valid defense. The law requires actual proof of the victim’s lack of consent in order to be convicted of sexual battery.

If you or a loved one has been charged with Sexual Battery in Cherokee County or anywhere in Georgia, call the Law Office of W. Scott Smith for a FREE CONSULTATION at 404-581-0999

Child Molestation in Cobb County

Child Molestation is a serious crime in the State of Georgia. If you are arrested in Cobb 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 Cobb 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 Cobb 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 Cobb County Magistrate Court on the Marietta Square.  It is crucial to get an attorney retained to be at the First Appearance hearing at the Cobb County Magistrate Court.

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 Cobb 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. We also have a second office near the Cobb County courthouse.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

Georgia’s 90 Day Bond Rule

If you or a loved one have been arrested in Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means.

O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to a bond. If prosecutors fail to meet this deadline, an accused person may file a motion for bond and the Court MUST grant them a bond. This rule does not tell a judge that a bond must be set at a certain amount, only that a bond must be set. So, even though a bond must be set if your case is not indicted within 90 days, the bond may be more than you can afford.

The 90-day bond rule is not automatically enforced, however. You must have a lawyer file a motion for bond and show the Court that 90 days have elapsed without indictment. If you believe that your loved one has been in custody without being indicted for over 90 days and without a bond, call us at 404-581-0999 for a free consultation.

Theft by Deception in Cobb County

Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Cobb County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Know Your Rights: What Police Can and Can’t Do in Searching an Automobile

Oftentimes, we get clients who have been pulled over by the police and ask to search their car. It’s important to know your rights and circumstances in which police can or cannot search your car.

  1. Probable Cause: Generally, police officers need probable cause to conduct a search of a vehicle without a warrant. Probable cause means that there is enough evidence to reasonably believe that a crime has been committed or that evidence of a crime can be found in the vehicle.
  2. Consent: If a police officer asks for consent to search a vehicle and the individual gives consent voluntarily, the officer can conduct the search without needing probable cause or a warrant. It’s important to note that you can not only refuse consent to the search, but you can also tell the officer which area(s) of the vehicle can and cannot be searched.
  3. Search Incident to Arrest: If a person is lawfully arrested, the police may search the area within the arrestee’s immediate control. In the case of a vehicle stop, this may include the passenger compartment of the vehicle, but not the trunk.
  4. Plain View: If a police officer sees evidence in the vehicle and it is immediately apparent that the evidence is something illegal, like narcotics, police can search and seize the evidence.
  5. Inventory Searches: If a vehicle is lawfully impounded, the police may conduct an inventory search of the vehicle’s contents.

If you’re pulled over call us immediately. Know your rights!

Theft by Deception in Fulton County

Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Fulton County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Aggravated Child Molestation in Cobb County

Aggravated Child Molestation is a serious crime in Cobb County. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Cobb County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

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

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Cobb County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

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

Do not wait until the  Cobb County District Attorney actually returns an indictment against you before seeking an attorney. Aggravated Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these 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.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

Drug Trafficking Arrest at Hartsfield-Jackson Atlanta International Airport

The repercussions of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport often extend far beyond the possibility of prison time and probation. While the legal system imposes penalties for drug-related offenses, individuals also face collateral consequences that can significantly impact their lives. These collateral consequences, ranging from barriers to employment and housing to social stigma and mental health challenges, highlight the complex and enduring effects of drug trafficking arrest at Hartsfield-Jackson’s Atlanta International Airport.

One of the most significant collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport is the challenge of securing employment. Many employers conduct background checks, and a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport will serve as a red flag, leading to discrimination in hiring processes. Even if individuals have served their time or completed rehabilitation programs, the stigma associated with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport can linger, hindering their ability to find gainful employment and support themselves and their families.

For individuals with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport record, securing stable housing can be a daunting task. Landlords may be hesitant to rent to individuals with criminal records, fearing potential liabilities or disruptions to the community. As a result, those with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport histories may face housing discrimination, limited housing options, or even homelessness, exacerbating the cycle of poverty and instability.

The financial toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport extends beyond legal fees and fines. Individuals may struggle to obtain loans, financial aid, or housing assistance programs due to their criminal record. Moreover, the loss of income resulting from employment barriers can further strain financial resources, making it challenging to rebuild one’s life after a drug-related arrest.

The stigma surrounding drug trafficking arrest at Hartsfield-Jackson Atlanta International Airports can lead to social ostracization and isolation. Friends, family members, and community members may distance themselves from individuals with criminal records, perpetuating feelings of shame, loneliness, and alienation. This social stigma can impede reintegration into society and hinder access to support networks essential for rehabilitation and recovery.

The emotional toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport and its aftermath can contribute to mental health challenges such as depression, anxiety, and post-traumatic stress disorder (PTSD). Coping with the stigma, shame, and uncertainty associated with a criminal record can exacerbate existing mental health conditions or lead to the development of new ones. Without adequate support and resources, individuals may struggle to address these mental health challenges effectively.

 

Barriers to Education and Professional Licenses:

In addition to employment barriers, individuals with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport records may encounter obstacles in pursuing education and obtaining professional licenses. Many educational institutions and licensing boards conduct background checks, and a criminal record can jeopardize admission or licensure. These barriers limit opportunities for personal and professional growth, perpetuating cycles of disadvantage and hindering efforts to break free from the repercussions of a drug-related arrest.

The collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport are profound and enduring, affecting various aspects of individuals’ lives long after the legal process has concluded. From barriers to employment and housing to social stigma and mental health challenges, these consequences underscore the need for comprehensive reform and support systems to address the root causes of substance abuse and mitigate the far-reaching impacts of the criminal justice system.

If you have been arrested for drug trafficking, including marijuana trafficking, cocaine trafficking and heroin trafficking please contact our law office to review your legal options.  Our law office telephone number is 404-581-0999.  Ask for a free consultation on a drug trafficking arrest at the airport.

Theft by Deception in Dekalb County

Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Dekalb County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.