Georgia Criminal Street Gang

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Being charged with criminal street gang activity in Georgia is a serious legal matter that involves allegations of participating in criminal activities while being employed by or associated with a criminal street gang. Under Georgia law, particularly the Georgia Street Gang Terrorism and Prevention Act, individuals can be charged with this offense if they are accused of commission, attempted commission, conspiracy to commit, solicitation, coercion or intimidation to commit certain crimes, such as any drug offense, acts of violence, firearm offenses, thefts, human trafficking, racketeering and many other offenses. The law is designed to target not just the criminal acts themselves, but also the organized nature of the activities, which the state often alleges coordination, planning, and recruitment of members to carry out illegal activities.

 

The consequences of being charged with criminal street gang activity in Georgia are severe. This charge can result in enhanced penalties, including extremely long prison sentences and higher fines, compared to the penalties for the underlying criminal acts alone. For instance, if an individual is convicted of a crime like armed robbery and it is proven that the crime was committed as part of gang activity, the person could face additional years in prison on top of the sentence for the robbery. The law is also designed to make it easier for prosecutors to hold individuals accountable for the actions of the gang, even if they were not directly involved in every criminal act committed by the gang.

 

The state must prove four elements in a criminal street gang case. First the state must establish that the alleged criminal street gang is a group of three or more individuals, whether formal or informal, that engage in criminal street gang activity. The state then must show that the alleged is employed by, or merely associated with, the criminal street gang. The third element shows that the criminal street gang activity was committed by the defendant. Lastly the prosecution must establish that a nexus was met from the criminal street gang activity.

 

Defending against charges of criminal street gang activity can be challenging, as it often involves complex legal arguments about the individual’s involvement with the gang and the nature of the alleged criminal activities. Defense strategies may include challenging the evidence of gang membership or arguing that the accused’s actions were not part of any organized criminal activity. Given the serious implications of such charges, including the potential for long-term imprisonment and a lasting criminal record, it is crucial for anyone facing this charge to seek experienced legal representation.

 

Atlanta criminal street gang activity attorney Scott Smith has the experience to combat these allegations with a proven record. If you or a loved one is facing a charge of violation of criminal street gang activity it is imperative that you contact our office at 404-581-0999 for a free consultation.

 

Arrested for Gang Activity in Fulton County

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The Fulton County District Attorney’s office is cracking down on gangs in the Atlanta area. If you are charged with being in a criminal street gang, do not make any statements to the police. You have a Constitutional right to remain silent.

If you are arrested for being in a criminal street gang, then you will be in front of a Fulton County Magistrate Court judge the following day after your arrest. You will need an attorney for this hearing.

OCGA 16-15-4 sets out the offenses that are related to criminal street gang activity.

It is unlawful for:

  1. A person employed or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of a crime.
  2. Any person to commit an offense with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang.
  3. Any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived from any interest in or control of any real or personal property of any nature, including money.
  4. Any person who occupies a position of organizer, a supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or directly, or conspire to engage in criminal gang activity.
  5. Any person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in criminal gang activity.
  6. Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang.
  7. Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang.
  8. Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member of associate of a criminal street gang.
  9. Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate.
  10. Any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity.

 

The Fulton County District Attorney’s office is indicting many cases under the street gang statute. You do not have to be an actual gang member to be indicted under this statute.

The sentence for a conviction for OCGA 16-15-4 is a minimum of 5 years in prison and a maximum of 20 years in prison and a fine between $ 10,000 – $ 15,000.

If you are charged in Fulton County with violating the criminal street gang statute, please call us at 404-581-0999. You need to zealously defend yourself against these allegations.

Family Violence Battery with an Uncooperative Alleged Victim

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Family Violence Battery is defined in O.C.G.A. 16-5-23.1 as intentionally causing substantial physical harm or visible bodily harm to another person who are:

  • Spouses or former spouses;
  • Individuals who have a child together;
  • Parents and children;
  • Step-parents and step-children;
  • Foster-parents and foster-children; and
  • Individuals living or formerly living in the same household.

The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not want to press charges. A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A major consequence of a family violence battery conviction is that any future convictions of the same crime is an automatic felony. The first conviction of a family violence battery is sentenced as a misdemeanor, however, the second and subsequent convictions have a maximum penalty of 5 years in prison.

It is not uncommon for an alleged victim in a Family Violence Battery case to be reluctant to testify or even want the charges to be dismissed altogether. It is very difficult, although not impossible, for the State to prove its case without having an alleged victim testify.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations. Therefore, if you have been charged with Family Violence Battery and the alleged victim is reluctant or does not want to testify, please call our office today at 404-581-0999 for a free consultation.

Defenses to Trafficking Marijuana in Fulton County

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Being charged with trafficking marijuana in Fulton County is a serious charge. In Georgia, if you are found guilty of trafficking 10-2,000 pounds of marijuana, you will be sentenced to a mandatory minimum of 5 years in prison and a fine of $100,00.00.

The State often has strong evidence in a marijuana trafficking case, often because the accused is arrested with the marijuana in their possession. However, an experienced defense attorney can evaluate your case for defenses. The most successful defenses are often proving to the court that your constitutional rights were violated in some way during the search or seizure that led to the discovery of the marijuana.

For example, a police officer must have some sort of reasonable suspicion that a suspect is engaged in, or has previously engaged in, criminal activity to initiate a temporary detention to investigate a crime. Then, to arrest and search a vehicle, an officer must have probable cause that a crime has occurred. If the state cannot prove that the officer had the required level of suspicion to temporarily or permanently detain you, the evidence they obtained must be suppressed and cannot be used against you.

If you have been accused of trafficking marijuana, it is important to hire an experienced criminal defense attorney that will review your case and search for all possible defenses. The lawyers at the Law Office of Scott Smith handle marijuana trafficking cases regularly and will work hard to protect your constitutional rights. Call us today at 404-581-0999 for a free consultation.

 

Police Searches and Consent: Know Your Rights

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The State of Georgia takes individual rights and liberties very seriously. This helps act as a roadmap of what government officials and police can and cannot do. One of these rights is property rights. The Fourth Amendment of the US Constitution protects citizens against unreasonable searches and seizures. This means that police generally need a search warrant to search your property. It also means that they need probable cause to determine if a crime is being or has been committed. You can almost always decline is a police officer asks to search your property. There are, however, some exceptions:

  • You give permission. One helpful tool is that you can limit what the police officer can search. For example, if they ask to search your home, you can consent to a certain part of the home but not to other parts.
  • If there is an emergency situation that justifies an immediate search.
  • Evidence of a crime is in plain view.
  • If you’ve just been arrested, police can search you and your immediate surroundings if you are lawfully arrested.

If you’ve been asked by a police officer to consent to a search, they may have been doing so unconstitutionally. This is important because a case can be completely dismissed due to the unconstitutionality of the search and/or seizure. Give us a call today.

How to Lift a Bench Warrant in Fulton County State Court

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If you miss a court date in Fulton County State Court, the solicitor has the ability to request that a bench warrant be issued, and the judge may grant the request. This means that there is an active warrant for your arrest, and you could be picked up at any time. But we can help you resolve the bench warrant and get your case back on track.

Resolving a bench warrant in Fulton County State Court is typically simple if you have not yet been arrested on the warrant. When you hire our firm, we will go to the clerk’s office and request that the bench warrant be recalled or cancelled. Occasionally, certain judges will assign a cash bond to a bench warrant and, if you have been arrested, you will have to post that cash bond to be released. There are also some judges that require an in-person court appearance to have a bench warrant lifted.

The lawyers at the Law Office of Scott Smith are experienced at handling bench warrants in Fulton County State Court and familiar with the policies and procedures of each court room. If you find your case in bench warrant status, call us today for a free consultation.

Smash and Grab Burglary in Fulton County

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Fulton County is seeing more and more smash and grab burglaries where suspects are using vehicles to gain entry into retail establishments in order to steal merchandise, cash, ATM machines. A Smash and Grab Burglary is one where a person intentionally enters a retail establishment with the intent to commit a theft, and causes damage in excess of $500.00 damages to the establishment. One of the more common forms of Smash and Grab burglary is done in a jewelry store where the glass cases are broken. However, all retail establishments are included under Georgia law, including restaurants. If a glass door is broken during a burglary, or a lock is broken, and it results in more than $500 in damage, you can be charged under the Smash and Grab statute in Fulton County and throughout Georgia. This is true even if nothing is ever taken or stolen.

Smash and Grab burglaries are treated more harshly in Fulton County than a regular retail burglary (which is known as Burglary in the 2nd degree in Georgia). For example, on a first offense for Smash and Grab, it is a mandatory minimum 2 to 20 years to serve and/or a fine of up to $100,000.  On a second conviction for Smash and Grab, the sentence will range of a minimum of 5 years in prison and up to 20 years or a fine of up to $100,000.  On the other hand, a Burglary in the 2nd degree is a lesser included offense, and has a mandatory minimum sentence of a year (versus two years on a first offense Smash and Grab).

Under Georgia law, eyewitnesses are not required for a conviction for burglary, and this includes a Smash and Grab burglary. Fingerprints, DNA on cigarette left nearby, surveillance footage, and even cell phone records showing the person near the scene can all be sufficient for a conviction. A seasoned attorney who has handled these unique cases will do a full case evaluation and may attack the methods of the investigation, as well as any cell phone records, search warrants, and forensic testing done by law enforcement.

If you or a loved one has been charged with Burglary in Fulton County, including a Smash and Grab, call the Law Office of W. Scott Smith today for a free case evaluation at 404-581-0999.

Statutory Rape in Fulton County

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Statutory rape is defined in § 16-6-3 of the Georgia criminal code. The statute says that “a person commits statutory rape when he or she engages in sexual intercourse with any person who is under the age of 16 years and not his or her spouse”.

Many people wrongly believe that there is a defense to statutory rape if the victim is untruthful about their age and the accused believes that the victim older than 16. However, statutory rape is a strict liability offense, meaning that the belief of the accused does not matter. The only real defense is that sexual intercourse did not actually occur.

It is important to note that unsupported testimony of the victim is not enough to support a conviction for statutory rape. This means that a victim simply saying that they had sexual intercourse with the accused is not enough. There must be some other evidence proving that sexual intercourse actually occurred. This is where the defense may be found!

The punishments you could face if you are convicted of statutory rape range depending on the age of the accused and the victim. If the accused is over 21, they face 10-20 years in prison. If the victim is between 14 and 16 years old, and the accused is not yet 18 (and not more than 4 years older than the victim), a conviction would only result in a misdemeanor.

If you have been accused of statutory rape in Fulton County, it is important that you hire an attorney with experience in fighting these cases. Call the Law Office of Scott Smith today for a free consultation.

DUI Roadblocks

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Believe it or not, roadblocks are not an end-all be-all scenario for impaired drivers. In fact, roadblocks must pass legal muster in order to be legally compliant.

Stopping All Vehicles: During a DUI roadblock, all vehicles passing through a checkpoint location must be stopped. This includes both cars and motorcycles.

Minimal Delay: The duration of each stop should be minimized to reduce inconvenience to motorists. Officers cannot unduly prolong the stop.

Identification of Law Enforcement: Officers must be clearly identifiable as law enforcement personnel, typically through uniforms and marked vehicles.

Reasonable Articulable Suspicion: Although DUI roadblocks involve stopping all vehicles, an officer can only detain a driver further if they have reasonable articulable suspicion that the driver is impaired or has committed another crime.

 

Defenses Against Unlawful Stops

Improper Planning or Authorization: If the roadblock was not authorized by supervisory personnel or was conducted in a manner that deviated from established guidelines, it could be challenged as unlawful.

Lack of Reasonable Suspicion: If an officer lacks reasonable suspicion to detain a driver beyond the initial stop, any evidence obtained thereafter may be suppressed.

If you’ve been charged with a DUI or other traffic offense in Georgia because of a roadblock, it’s important to know your rights. Give us a call TODAY.

Look Ma, No Hands- Georgia’s Hands-Free Law

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Beginning July 1, 2018, Georgia implemented its Hands-Free law which aims to reduce distracted driving incidents by restricting cellphone use while driving. Drivers are prohibited from holding a cellphone or any stand-alone electronic device (iPad, etc.) with any part of their body. However, drivers are permitted to use hands-free technology like Bluetooth and earpieces for phone calls and navigation. The law does allow for exceptions like if you’re calling an emergency service.

If you’re caught using your phone or texting while driving, the first offense is a $50 fine and one point on your record. If you attend a court-approved distracted deriving program, the judge can decide to waive the fine. Additionally, many municipalities will give you a warning for a first offense. A second offense would result in a fine of $100 and two points on your record. For your third offense and every offense thereafter, you can expect a fine of $150 and three points on your record. Keep in mind that if you accumulate 15 points within 24 months on your record, your license will be suspended. These penalties can be fairly straight forward, but violating the Hands-Free law can be deemed “distracted driving.” If you are violating the Hands-Free law and cause serious injury or death of another person, you will likely be facing felony charges with enhanced fines.

If you get pulled over for using your phone while driving, do not hesitate! Give us a call NOW.