Enticing A Child for Indecent Purposes in Cobb County

/in , , , , , /by

Enticing a child for indecent purposes is a serious crime in Cobb County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against you is made up, you still must take it very seriously and aggressively defend yourself.

O.C.G.A. § 16-6-5 defines Enticing a Child for indecent purposes as follows:

A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

The State must prove a joint operation of (1) the act of enticing a child and (2) the intention to commit acts of indecency or child molestation.

Enticing a Child for Indecent Purposes is different than Child Molestation because of the extra element of asportation. The asportation element is satisfied with the taking involving physical force, enticement or persuasion. The evidence must show some movement of the child. It can be slight movement.

Indecent Acts means illicit sexual conduct. Because the statute refers to both indecent acts and child molestation, it is reasonable to assume that indecent acts are different than acts punished by the child molestation statute.

Neither consent nor lack of knowledge of the child’s age is a defense to prosecution under the Enticing a Child statute.

The statute is intended to protect children from sexual predators. It is unlawful to entice any child under the age of 16.

The punishment for Enticing A Child is a mandatory of 10 years imprisonment up to 30 years and at least 1 year of probation.

The Cobb County District Attorney’s office vigorously prosecutes these cases.

Do not wait until the Cobb County District Attorney actually returns an indictment against you for Enticing a Child before seeking an attorney. 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.

Possession of Drugs in Cobb County – Marietta Lawyers

/in , , , , , , , , , , /by

The legal system in Cobb County treats drug crimes very seriously. If you have been arrested for the possession of drugs in Cobb County, you could be facing jail, fines, and harsh penalties.

If you have been arrested in Cobb County, the Cobb County District Attorney’s Office will prosecute the case. The Cobb County Superior Court is located 70 Haynes St, Marietta, GA 30090 in Marietta, Georgia. Shortly after arrest, you will have a First Appearance hearing where the Judge will notify you of your charges and rights and then make a determination for bond. In Georgia, there are five factors Judges use to determine whether or not to release someone on bond. These are known as the Ayala factors (Ayala v. State, 262 Ga. 704 (1993)). Judges may issue a bond upon a finding of the following factors:

  • The person poses no significant risk of fleeing or failing to appear in court when required
  • The person poses no significant risk or danger to a person, property, or community
  • The person poses no significant risk of committing a felony while out on bond
  • The person poses no significant risk of intimidating witnesses or otherwise obstructing justice

Under the Georgia Controlled Substance Act, drugs are classified into 5 schedules based on their potential for abuse, tendency for addiction, and their recognized medical uses. Schedule I is considered to have the highest risk of physical and psychological dependency and are considered to have no medical use, while Schedule V is recognized to have lower risk of dependency and legitimate medical use. The following are common examples of drugs that the lawyers of W. Scott Smith P.C. have defended in the past.

Schedule I

Heroin, THC, LSD, and MDMA (ecstasy).

Schedule II

Cocaine, Codeine, Hydrocodone, Morphine, Methadone, Amphetamine, Methamphetamine, Oxycontin, Percocet

Schedule III

Suboxone, Ketamine, Anabolic steroids

Schedule IV

Xanax, Ambien, Valium

Drug Possession Penalties in Cobb County

The penalties in Cobb County and in Georgia can be harsh. Possession of drugs in Georgia is a felony, except for marijuana if it less than an ounce. If it is your first offense and you are found guilty of a Schedule I or II drug, you could be looking at 2-15 years in prison, intense probation, and high fines.

On second or subsequent offenses of Schedule I or II drugs, the sentence could include 5 years in prison, and up to 30, with the possibility of similar probation and high fines as the first.

If you are found with Schedule III, IV, or V drugs, the penalty could be 1 to 5 years in prison. If it is your second or subsequent offense, you are facing 1 to 10 years prison time.

Additionally, if you are found guilty and a car was used during the felony, your driver’s license will be suspended.

How the State Proves Possession

The drugs do not have to be found on your person for you to be guilty of drug possession. Driving a car in which drugs are found is sufficient for the law to determine that you are in violation of the Controlled Substance Act. Even if the drugs are found thrown out or hidden, the State will still try to prove you were in possession. Depending on where the drugs were found, two people or more can be considered to have possession of the same drugs. Important facts for both the state and defense are whether or not paraphernalia or residue in plain view was found, and also whether you attempted to flee.

Additionally, drug crimes almost always implicate Fourth Amendment a analysis which can serve as a basis for suppression of the drugs. This means that if the State unlawfully searched or seized the drugs, the drugs are thrown out of evidence, and the case dismissed. The Lawyers at W. Scott Smith specialize in Fourth Amendment arguments and have successfully defended hundreds of cases with these issues.

Talk to an Attorney

Because a conviction of drug possession can carry serious prison time and a criminal record, it is important you speak with an attorney who is knowledgeable about drug possession laws in Georgia. Pleading guilty to any drug possession offense will have lifelong consequences that we want you to avoid. We would like for you to understand what you are facing and all of your legal options so that you can move on from this arrest in the best way possible. Call us for a FREE CONSULTATION today at 404-581-0999 and mention this blog.

Statutory Rape in Fulton County

/in , , , , , , , , , , , , , , /by

Statutory Rape in Fulton County is a serious crime in Georgia. O.C.G.A. § 16-6-3 defines Statutory Rape as engaging in sexual intercourse with any person under the age of 16 years old who is not your  spouse.

Statutory Rape requires corroboration and cannot stand solely on the unsupported testimony of the victim.

In Georgia, it is not a defense to Statutory Rape that the accused believed the victim was of the age of consent.

Many people have the idea that if they have consensual sex, then they did not break the law. That is not true.  Individuals who commit statutory rape in Georgia can face serious felony charges. In addition to a prison sentence, a person faces being put on the Sex Offender Registry and has limits on housing and job opportunities and loses their right to vote and own a firearm.

To be convicted of Statutory Rape, it is not necessary to fully penetrate the vagina or to rupture the hymen. Only slight penetration of the vulva or labia is sufficient. Proof of force is unnecessary for statutory rape.

If you are arrested in Fulton County for Statutory Rape, you will see a Magistrate judge the following day at 11am. At this initial court date, the Fulton Magistrate Judge will read the warrant to you and may consider bond. If bond is not given at first appearance, you will be reset to a preliminary hearing and bond hearing date in front of another Fulton County Magistrate judge.

The punishment for Statutory Rape is very serious. O.C.G.A. § 16-6-3 mandates that the sentence be from 1 to 20 years in prison. If the defendant is 21 years or older, then the mandatory sentence is 10 years up to 20 years in prison with at least one year on probation. If the victim is at least 14 years old but less than 16 years old and the person convicted is 18 years old and is no more than 4 years older than the victim, then it is a misdemeanor and a maximum of 12 months in custody.

If the defendant is over 21 and convicted of statutory rape, he or she cannot plead under the First Offender Act.

If you face charges in  Fulton County for Statutory 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 Sex Offenses. You must protect your rights and take this matter very seriously.

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.

Rape in Cobb County

/in , , , , , , , /by

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Cobb County, for rape, 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 rape. The Cobb County District Attorney’s has a division of prosecutors who prosecute sex crimes zealously and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, your case will be put down for a first appearance hearing in Cobb Magistrate Court before Judge Brendan Murphy.  At this hearing, the Cobb County Magistrate Judge will read the warrants to you. You will then be given a bond hearing date and a probable cause hearing date. It is crucial that you move forward with the probable cause hearing. The purpose of the probable cause hearing in Cobb Magistrate Court is to put the lead Detective under oath and lock in his testimony and understand all of the evidence that exists in your case.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Cobb County District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Cobb County Superior Court has 11 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Robert Leonard, Judge Mary Staley Clark, Judge Robert Flournoy, Judge LaTain Kell, Judge Gregory Poole, Judge Ann Harris, Judge Kimberly Childs, Judge Kellie Hill, Judge Angela Brown, Judge Jason Marbutt and Judge Henry Thompson.

It is imperative that you do not walk into court on a rape charge in Cobb County Superior Court either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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.

What to do if arrested for Possession of Drugs or Possession with Intent in Gwinnett County

/in , , , , , , , , /by

If you are arrested for any drug offense in Gwinnett County, do not make any statements to the police. You will be taken to the Gwinnett County Jail at 2900 University Parkway, Lawrenceville, Georgia. You will be on the first appearance calendar the following day. It is important to have an attorney for this court appearance. The courtroom for the first appearance and bond hearing is in the Gwinnett County on the 2nd floor.

At your first appearance hearing, the Gwinnett County Magistrate Court judge will review the facts in the warrant and your criminal history and will decide whether to issue you a bond or not. The Chief Magistrate Judge is Kristina Blum. Either Judge Blum or one of the other Magistrate Judges will preside over your initial hearing. There are a few options regarding bond. The first is they may give you an unsecured judicial release. This allows you to get out of jail without paying any money. The next option is to give you a regular bond where you would have to go through a bonding company to be released. The final option is that they deny your bond. In Gwinnett County, in most drug cases, bond is set at first appearance.

Once you are released from the Gwinnett County jail, please ask any person who was with you that night to write out a statement of what they remember happening the night of the arrest. This could be helpful in preparing for the motions hearing and trial in Gwinnett County Superior Court. It is also important for you to write out a statement of anything you remember regarding the incident. Only give this statement to your attorney.

It is important that you hire an attorney quickly as there are tight deadlines on filing a Motion to Suppress which is a constitutional challenge to the drug evidence. Most drug cases are either won or lost at the Motions hearing. If you wait too long, you will be unable to file a Motion to Suppress.

Being convicted of a felony drug offense in Gwinnett County carries many consequences, including, but not limited to, a felony drug conviction on your record, loss of gun rights, loss of voting rights and has a detrimental impact on your securing a loan from a bank or employment.

You are welcome to call us 24/7 at 404-581-0999 and we will be there with you for your First Appearance hearing at the Gwinnett County jail.

HIT AND RUN

/in , , , , , /by

In Georgia, leaving the scene of an accident will most frequently be classified as a misdemeanor offense, and is defined as a “hit and run.” It can have serious consequences in the laws of our state, including collateral consequences, such as a suspension of the accused person’s driver’s license. According to O.C.G.A. § 40-6-270, the driver of any vehicle involved in an accident, which results in an injury/ death of a person, or damage to another vehicle, has the duty to immediately stop after the accident. A driver also has the duty to return to the scene of the accident if he/she did not immediately stop their vehicle. When the driver has returned to the scene, he/she also has the following duties:

  1. The driver must give their name, address, and registration number of their vehicle;
  2. Upon request, show proof of their driver’s license;
  3. If any person is injured in the accident, the driver has the duty to assist the injured person; and
  4. If any person is unconscious or appears deceased, the driver must call 911.

A hit and run in Georgia usually will be classified as a misdemeanor, however, if the accident is the cause of a person’s death or serious injury, the accused could be charged with a felony offense, which includes a prison sentence of 1-5 years in custody. In all other cases, a hit and run will be classified as a misdemeanor with a penalty of up to 12 months in jail and a $1000 fine.

REDUCED CHARGES

An experienced criminal defense attorney will negotiate with the prosecution to reduce a hit and run to a lesser offense. A hit and run charge will suspend an accused person’s driver’s license for a period of four months. Therefore, it is of vital importance to either be found “not guilty” of hit and run, or to reduce the hit and run to a non-suspendable offense.

The most common alternatives to a hit and run are (1) striking an unattended vehicle, or (2) duty to report. Striking an unattended vehicle, pursuant to O.C.G.A. § 40-6-271, means that a driver collides with an unattended vehicle and did not immediately stop to locate the owner of the vehicle. Duty to report, pursuant to O.C.G.A. § 40-6-273, describes a circumstance where the driver is obligated to report an accident to the local police department when there are injuries to another party.

Both alternative charges are non-suspendable offenses. This means that there will not be a license suspension attached, if convicted. Therefore, because the accused will avoid a license suspension, reduced charges tend to be more favorable, and an experienced criminal defense attorney will attempt to negotiate for that resolution in order to save their client’s license.

Due to the complexity of a hit and run charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for their client, trained at defending such allegations, and zealously advocates for their client’s constitutional rights. At the Law Offices of W. Scott Smith, we do just that. Therefore, if you or a loved one has been cited or arrested for a hit and run, please call our office today at 404-581-0999 for a free consultation.

What to do if arrested for Possession of Drugs or Possession with Intent in Fulton County

/in , , , , , , /by

If you are arrested for any drug offense in Fulton County, do not make any statements to the police. You will be taken to the Fulton County jail at 901 Rice Street. You will be on the first appearance calendar the following morning at 11:00. It is important to have an attorney for this court appearance.

At your first appearance hearing, the Magistrate Court judge will review the facts in the warrant and your criminal history and will decide whether to issue you a bond or not. There are a few options regarding bond. The first is they may give you an unsecured judicial release and make you report to pre-trial services. This allows you to get out of jail without paying any money. The next option is to give you a regular bond where you would have to go through a bonding company to be released. The final option is that they deny your bond. In Fulton County, in most drug cases, bond is set at first appearance.

Once you are released from the Fulton County jail, please ask any person who was with you that night to write out a statement of what they remember happening the night of the arrest. This could be helpful in preparing for the motions hearing and trial in Fulton County. It is also important for you to write out a statement of anything you remember regarding the incident. Only give this statement to your attorney.

It is important that you hire an attorney quickly as there are tight deadlines on filing a Motion to Suppress which is a constitutional challenge to the drug evidence. Most drug cases are either won or lost at the Motions hearing. If you wait too long, you will be unable to file a Motion to Suppress.

Being convicted of a felony drug offense in Fulton County carries many consequences, including, but not limited to, a felony drug conviction on your record, loss of gun rights, loss of voting rights and has a detrimental impact on your securing a loan from a bank or employment.

You are welcome to call us 24/7 at 404-581-0999 and we will be there with you for your First Appearance hearing at the Fulton County jail.

Being charged with Rape in Newton County

/in , , , , , /by

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Newton County, for rape, 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 rape. The Newton County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Newton 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 rape case. You will then need to file a motion for a formal bond hearing in Newton Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Newton County Courthouse in downtown Covington, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Newton County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Newton County District Attorney’s office must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Newton County Superior Court has 5 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Chief Judge John Ott, Judge Chevada McCamy, Judge Layla Zon, Judge Jeffrey Foster and Judge Kendall Wynne.

It is imperative that you do not walk into court on a rape charge in Newton County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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.

Rape in Henry County

/in , , , , /by

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Henry County, for rape, 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 rape. The Henry County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Henry 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 rape case. You will then need to file a motion for a formal bond hearing in Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Henry County Courthouse in downtown McDonough, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Henry County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Henry County Superior Court has 3 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Brian Amero, Judge Holly Veal and Judge Pandora Palmer.

It is imperative that you do not walk into court on a rape charge in Henry County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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.

Possession of Drugs in Clayton County – Atlanta Drug Possession Lawyer

/in , , , , , , /by

The legal system in Clayton County treats drug crimes seriously. If you have been arrested for the possession of drugs in Clayton County, you could be facing jail, fines, and probation. In order for the State to prove drug possession, it must be shown that the contraband was lawfully seized. If there was an illegal search, or an illegal seizure, the evidence must be suppressed, and the case dismissed.

If you have been arrested in Clayton County, the Clayton County District Attorney’s Office will prosecute the case. The Clayton County Superior Court is located at 9151 Tara Boulevard in Jonesboro, Georgia.  The first step following an arrest, is the First Appearance hearing. This is where the Judge will notify you of your charges and rights and then make a determination for bond. In Georgia, there are five factors Judges use to determine whether or not to release someone on bond. These are known as the Ayala factors (Ayala v. State, 262 Ga. 704 (1993)). Judges may issue a bond upon a finding of the following factors:

  • The person poses no significant risk of fleeing or failing to appear in court when required
  • The person poses no significant risk or danger to a person, property, or community
  • The person poses no significant risk of committing a felony while out on bond
  • The person poses no significant risk of intimidating witnesses or otherwise obstructing justice

Under the Georgia Controlled Substance Act, drugs are classified into 5 schedules based on their potential for abuse, tendency for addiction, and their recognized medical uses. Schedule I is considered to have the highest risk of physical and psychological dependency and are considered to have no medical use, while Schedule V is recognized to have lower risk of dependency and legitimate medical use. The following are common examples of drugs that the lawyers of W. Scott Smith P.C. have defended in the past.

Schedule I

Heroin, THC, LSD, and MDMA (ecstasy).

Schedule II

Cocaine, Codein, Hydrocodone, Morphine, Methadone, Amphetamine, Methamphetamine, Oxycontin, Percocet

Schedule III

Suboxone, Ketamine, Anabolic steroids

Schedule IV

Xanax, Ambien, Valium

Drug Possession Penalties in Fulton County

The penalties in Clayton County and in Georgia can be harsh following a conviction.  Possession of drugs in Georgia is a felony, except for marijuana if it less than an ounce. If it is your first offense and you are found guilty of a Schedule I or II drug, you are looking at 2-15 years in prison, intense probation, and high fines.

On second or subsequent offenses of Schedule I or II drugs, you are looking at at least 5 years in prison, and up to 30, with the possibility of similar probation and high fines as the first.

If you are found with Schedule III, IV, or V drugs, the penalty will be 1 to 5 years in prison. If it is your second or subsequent offense, you are facing 1 to 10 years prison time.

Additionally, if you are found guilty and a car was used during the felony, your driver’s license will be suspended.

How the State Proves Possession

The drugs do not have to be found on your person for you to be guilty of drug possession. Driving a car in which drugs are found is sufficient for the law to determine that you are in violation of the Controlled Substance Act. Even if the drugs are found thrown out or hidden, the State will still try to prove you were in possession. Depending on where the drugs were found, two people or more can be considered to have possession of the same drugs. Important facts for both the state and defense are whether or not paraphernalia or residue in plain view was found, and also whether you attempted to flee.

Additionally, drug crimes almost always implicate Fourth Amendment a analysis which can serve as a basis for suppression of the drugs. This means that if the State unlawfully searched or seized the drugs, the drugs are thrown out of evidence, and the case dismissed.

Talk to an Attorney

Because a conviction of drug possession carries lifelong consequences, it is important you speak with an attorney who is knowledgeable about drug possession laws in Georgia. Pleading guilty to any drug possession offense will have harsh penalties that we want you to avoid. Know your legal options and challenge the evidence so that you can move on from this arrest in the best way possible. Call us for a FREE CONSULTATION today at 404-581-0999 and mention this blog.