Why the Peach State Lawyers Should Represent You

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The Law Office of W. Scott Smith, PC is a firm of devoted criminal defense attorneys with decades of combined experience whose professionalism, skill, and knowledge make them the perfect firm to zealously advocate for you. This team is not just made up of great attorneys and staff, but great people, too.

Sherdia is our courteous, organized, and hardworking paralegal. She is reliable and efficient, and is truly the powerhouse behind the entire operation. She works diligently to make sure that clients are well taken care of, and is an effective liaison between clients and attorneys when you need quick assistance. She is a joy to know and work with, and a true blessing in the office.

King is our billing manager. He is mindful and empathetic to client billing needs. He will work with you to make sure that your payment plan works for your lifestyle and ensure that you receive the highest caliber of quality (and affordability) in your representation by the Peach State firm.

Beth is our calendar clerk and law student intern. Her organization and focus ensures that at your Court dates, your attorney is present and prepared to give you the best defense and advice. On the very date of this posting (12/15/23), she graduated from law school and it won’t be long before she is in a courtroom fighting for you. Congratulations, Beth.
Marybeth is one of our experienced associate attorneys. She spent several years zealously advocating for indigent folks in the Fulton County Public Defender’s Office, and since joining our firm, has continued to extend the same grace and compassion to her clients that inspired us to bring her aboard in the first place. She works tirelessly for her clients, and if she represents you, you can rest assured that you will receive knowledgeable and empathetic counsel.

Mary is another one of our distinguished associates. She is loveably referred to as a “bulldog” for her passionate and zealous presence in the Courtroom. She has a reputation for being tireless and hard working, and willing to do whatever it takes to represent her clients. Although she may be a bulldog in the Courtroom, she is cherished by her clients who see her as their devoted champion, skilled advocate, and friend.

Erin is our last (but certainly not least) associate attorney. Although she may be a young attorney, her skill, tact, and knowledge of the law puts her in a league all her own. She walks into a courtroom and can outshine attorneys with decades more experience because of her professionalism, courtesy, insight, and courage to fight for her clients. Her clients know her as a counselor who is dependable, hard working, and compassionate. She is an extraordinary attorney, and an even better friend.

Mike and Scott are the partners of Peach State Law. They are passionate and distinguished attorneys with the skill and knowledge to back up their commendable reputations. They advocate for clients charged with the most heinous of crimes, and when they do, they make it look easy. Their finesse in commanding a Courtroom is a talent eclipsed only by their devotion to their associates and staff. They are the best mentors this attorney could have asked for.

And why should you believe me? Because I had the opportunity, the privilege, even, to get to know each and every one of them as an associate attorney myself. I have grown to know and learn from each of them in kind, and they have made me a better attorney and a better person. There is no firm more devoted, hardworking, or knowledgeable in Georgia. This firm is made up of a team that values, above all else, their clients and doing the hard and courageous job of defending the Constitution. Their commitment to you will be unwavering, their diligence and devotion to your defense will be their number one priority. You simply could not ask for more from a law firm, and this attorney could not have asked for more from this family. When you are evaluating your options for legal representation, believe me when I say that these are the good people you want behind you, counseling you, and guiding you. Take it from someone who knows.

Arrested for Gang Activity in Clayton County

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The Clayton County District Attorney’s office is cracking down on gangs in Clayton County. 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 Clayton 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  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 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.
  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 of 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 providing statements or testimony against criminal street gangs or any criminal street gang member or associate.
  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 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 Clayton 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 Clayton County with violating the criminal street gang statute, please call us at 404-581-0999. You need to zealously defend yourself against these allegations.

Hybrid Gangs and the Georgia Gang Statute

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With Georgia gang prosecutions on the rise thanks to the Georgia Street Gang Terrorism Act, it is important to know what the government classifies as a gang. The definition for what Georgia considers a gang is found in O.C.G.A.  § 16-5-3 (3) and reads:

“”Criminal street gang” means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity.”

Under this definition, the State does not have to prove much to allege that a group of people are a gang. Additionally, even a group of people that are not part an official, well-known gang could be prosecuted under the Georgia Gang Statute if the government defines them as a “hybrid gang”. Hybrid gangs are less structured and are mostly composed of members from different gangs. Hybrid gangs are often formed when gang members relocate or when members of other gangs join forces. Additionally, the government often also alleges that a group of people are in a hybrid gang if they are a group of local neighborhood people that grew up together and wouldn’t traditionally form a gang together.

It is becoming more and more common to see gang charges added to other felony charges because the State can stretch the definition of a gang to include more and more people. When gang charges are added, a defendant’s possible punishment if they are convicted increases drastically. If you are charged with violating the gang statute in Cobb, Gwinnett, Fulton, Dekalb, Clayton, or any other Georgia county, it is important to hire a lawyer that will make the state prove that the gang the allege you are a part of actually fits the definition of “criminal street gang”. The lawyers at W. Scott Smith are experienced in defending gang cases and would love to represent you. Call our office today at 404-581-0999 for a free consultation.

 

 

Georgia Gang Statute

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O.C.G.A.  § 16-15-4 is commonly referred to as the Georgia Gang Statute. But, this statute can be difficult to understand. Georgia case law is clear that it is not illegal to simply be a member of a gang. In fact, a 2019 Georgia Supreme Court case called Chavers v. State says that a defendant cannot be convicted under the Street Gang Terrorism and Prevention Act for merely being associated with a gang that commits criminal acts; the defendant must personally commit an enumerated offense himself.  However, if the state can prove that you are a member of a gang AND commit an illegal activity to further the interests of the gang, you can be charged with violation of the Georgia Street Gang Terrorism Act. A conviction under the Georgia Gang Statute could result in up to 20 years in prison.

One way the state can charge an individual with violating the Georgia Gang Statute is under section (a) of the statute. Section (a) states that it shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. The enumerated offenses in paragraph 1 of 16-15-3 include things like racketeering, stalking, rape, kidnapping, criminal trespass or damage to property, any crime of violence, or compromising the security of a jail or prison.

Another way the state can charge an individual under the Georgia Gang Statute is under section (c) of the statute. Section (c) states that It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. This simply means that a person could violate the Georgia Gang Statute by accepting money that was gained from illegal acts by a known gang. For example, a person who is holding money that was acquired through gang activity could be prosecuted under the Georgia Gang Statute.

It is important to remember that the state must prove 4 elements in order to convict someone of violating the Georgia Gang Statute:

(1) the existence of a “criminal street gang,” defined as “any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity”;

(2) the defendant’s association with the gang;

(3) that the defendant committed any of several enumerated criminal offenses, including those involving violence, possession of a weapon, or use of a weapon; and

(4) that the crime was intended to further the interests of the gang.

If you are charged with violating the Georgia Gang Act in Fulton, Dekalb, Gwinnett, Clayton, Cobb, or Rockdale counties, it is important that you hire an attorney who understands the intricacies of the statute. At W. Scott Smith, our lawyers have handled numerous gang cases and require the state to meet their burden.  If you have been charged with gang crimes, call our office at 404-581-0999 for a free consultation today.

Arrested for Gang Activity in Dekalb County

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The Dekalb County District Attorney’s office is cracking down on gangs in Dekalb County. 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 Dekalb 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  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 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.
  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 of 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 providing statements or testimony against criminal street gangs or any criminal street gang member or associate.
  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 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 Dekalb 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 Dekalb County with violating the criminal street gang statute, please call us at 404-581-0999. You need to zealously defend yourself against these allegations.

 

Georgia Criminal Street Gang Act – Fulton County

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Fulton County District Attorney Fani Willis said last month that Fulton County has a “gang problem” and that her office is committed to prosecuting gang members to combat violent crime. DA Willis went on to say that there are at least 50,000 active gang members in the metro Atlanta area.

So if the Fulton County District Attorney’s office charges you with being in a criminal street gang and returns an indictment against you, here are the elements that must be proven beyond a reasonable doubt by the Fulton County District Attorney.

  1. You are associated either directly or indirectly with a group.

It is not enough to say you are just associated with a group. The Georgia Criminal Street Gang statute does not criminalize membership with a group. It must be proven in court that you actively participated in criminal street gang activity through the commission of an actual criminal act.

  1. The group itself has to be a criminal street gang.

This means that three or more people have organized themselves to engage in criminal activity. This can be proven with a common name, signs, symbols, graffiti, clothing or other distinguishing items.

  1. The defendant committed a criminal street gang activity.

The Fulton District Attorney must prove that you committed, attempted to commit, conspired to commit or intimidated another person to commit any offense in O.C.G.A. 16-15-3.

  1. This act was in furtherance of the criminal street gang.

There must be some link between your specific act and the intent to further the interest of your gang. The Fulton County District Attorney must prove that you had the specific intent to further the interest of your gang.

It is vital that if you are arrested under the gang statute in Fulton County, that you do not make any statements to the police. Hire an attorney immediately. The Fulton County District Attorney’s office is zealously prosecuting gang cases and has an entire unit dedicated to prosecuting gang cases. You must take your case seriously and challenge every aspect of the State’s case.

Also, remember that all phone calls in the Fulton County jail are being recorded. Do not profess your innocence on a recorded phone line.

Give us a call at 404-581-0999. We are located just a few blocks from the Fulton County Courthouse at 100 Peachtree Street, Suite 2060, Atlanta, GA 30303.

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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  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 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.
  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 of 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 providing statements or testimony against criminal street gangs or any criminal street gang member or associate.
  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 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.

Violation of Georgia Gang Act

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Are you or is someone you love facing gang related charges in the State of Georgia?  If so, it’s important to know the law and how you will be prosecuted. A good starting place is simply to read what the State must prove in order to charge you with these crimes.

What is the Law?

To prove you violated the Georgia Street Gang Act the State is required to show four things:

  1. The State must prove the existence of a criminal gang.  Georgia defines “criminal street gang” as “any organization, association, or group of three or more persons that engages in criminal gang activity.” “Criminal gang activity” includes the commission or attempted commission of certain offenses, including any crime“that involves violence, possession of a weapon, or use of a weapon;”
  2. you were, in fact, a member of the“criminal gang;”
  3. you committed a predicate act of“criminal gang activity,” examples of a predicate act include Murder, armed robbery, robbery, aggravated assault, aggravated battery, battery, and simple battery, Georgia law makes it unlawful to participate in criminal gang activity through the commission of any of the following offenses: racketeering,stalking, rape, aggravated sodomy, possessing or distributing dangerous instrumentalities such as knives and guns, posting gang-related graffiti, or committing any criminal offense involving violence or the possession or use of a weapon, among other things;
  4. the commission of the predicate act was intended to further the interests of the “criminal gang.” Simply being a gang member and committing the offense is not enough.

Assuming you are guilty beyond a reasonable doubt of the predicate act, the battle lines are twofold.  One, that you are a member of the gang that engages in criminal activity. Two, that the act was to further the interests of the criminal gang. 

What’s My Defense?

In my experience, the second battle line is where we generally focus the majority of our efforts. Most of the evidence presented by the state that your conduct is furthering the interests of the gang comes from expert testimony – law enforcement mainly regurgitate what they are told from their training and unreliable statements of former arrestees.

 The defense is at a disadvantage to combat the state’s expert.  First, the defense needs to hire their own expert to combat what is said, but defense experts on gang activity are often scarce and expensive. Secondly, it is near impossible to get a current or former gang member to come to court to testify as to what the interest of the gang may be.  I cannot imagine a situation where a current gang member is going to testify in open court as to his experience. 

Call Us Today

This being said, we have a team of attorneys that are fully prepared to handle your case, and have done so Atlanta and surrounding counties. If you find that you are being prosecuted for gang activity, please call our office at 404-581-0999 for your free consultation.

by Scott Smith