Possession of THC Oil under Georgia Law

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Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act.

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act,” include criminal charges relating to the possession of THC oil. According to O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act, THC oil is considered a Schedule I controlled substance. A Schedule I controlled substance is defined as:

  1. A drug or other substance that has a high potential for abuse;
  2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, this includes non-medicinal THC oil, which is categorized as a Schedule I felony in the State of Georgia.

LOW THC OIL

However, an experienced criminal defense attorney could negotiate for a felony charge to be reduced down to a misdemeanor under O.C.G.A. § 16-12-191. This statute governs the possession of “low THC oil.” Pursuant to this statute, it is unlawful for any person to possess, purchase, or have under his control, 20 fluid ounces or less of low THC oil. If convicted under this statute, the accused will be sentenced to misdemeanor punishment.

In order for it to be considered “low THC,” the prosecution must prove that the oil was less than a 5% concentration of THC. Thus, the GBI crime lab must provide to the State, as well as to the defense, an analysis of THC concentration, which does not always happen in every case. If this is not provided, the prosecution will have difficulty proving that the oil is above a 5% concentration of THC, and therefore, an experienced criminal defense attorney could negotiate for a felony possession of THC oil charge to be reduced down to a misdemeanor.

CONTACT US

Due to the complexity of the charge of possession of THC oil, as well as the severity of the punishment, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know the possible options of an accused arrested and charged with possession of THC oil, we are experienced and skilled at defending such allegations, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of THC oil, please call our office today at 404-581-0999 for a free consultation.

What to Do if you are Arrested for Child Molestation in Bibb County, Georgia

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If you or a loved one is arrested for child molestation in Macon, Georgia (Bibb County), it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

The Bibb County District Attorney is the Honorable Anita Howard. Her office has a dedicated division called the Crimes Against Women and Children Unit. The Bibb County DA’s will vigorously prosecute you if you are charged with child molestation.

Your case will be presided over by one of the four elected Superior Court judges.

  1. Judge Philip T. Raymond, III
  2. Judge Connie L. Williford
  3. Judge David L. Mincey
  4. Chief Judge Howard Z. Simms

Do not think that just because you are innocent that the charges will be dismissed. Child molestation charges are aggressively prosecuted in Bibb County and the police believe children who make the accusations.

Make sure your attorney has had jury trials in child molestation cases and has won these cases. Do not let an attorney handle your case who does not specifically handle child molestation cases.

The law may say you are presumed innocent but in child molestation cases, you have to prove your innocence.

Here is what you should do if arrested for child molestation in Bibb County.

  1. Hire an attorney – Make sure that attorney actually handles and tries child molestation cases. Most criminal defense attorneys do not handle child molestation cases. Make sure the attorney you talk to does regularly handles child molestation cases in Georgia.
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for child molestation, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
    2. Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    3. Witnesses – Immediately make a list of any person who you think might have information about this child molestation accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for child molestation in Bibb County.

  1. Never talk to the alleged victim or the family.
  2. Never have any contact with the alleged victim through a 3rd party or through social media.
  3. Never talk to law enforcement without an attorney present.
  4. Never talk to a child welfare agency or any other governmental agency without an attorney present.

If you are arrested for child molestation or any sex offense in Bibb County, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Child Molestation Charges in Fulton County, Georgia

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Child Molestation is a serious crime in the State of Georgia. If you are arrested in Fulton County or the City of Atlanta 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 Fulton County Crimes Against Women and Children Unit zealously prosecutes 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 the 11am calendar the following morning for First Appearance. At this hearing, the Fulton 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 Fulton County Courthouse. It is crucial to get an attorney retained to be at the First Appearance hearing at the Fulton County jail.

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 Fulton County or the City of Atlanta, 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 Fulton County.

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.

Forsyth County Family Violence Battery – Cumming Criminal Defense Lawyer

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A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors.   The State of Georgia, as a whole, has taken a stand against domestic violence.  There are domestic violence task forces across the State, and specialized prosecuting units. Every day we see the impact that family violence arrests have on Georgia’s criminal justice system. Police are told across the State to make arrests for Family Violence Battery if there is any evidence it occurred. Evidence, unfortunately, can be one-sided and be the result of a false allegation.

For those who have been arrested for family violence, there may be feelings of anxiety and stress as it relates to the potential impact the case will have. Jail time, a criminal history, and forfeiture of firearms for life are all very real concerns when facing Family Violence Battery charges in Georgia. An arrest is not a conviction, and there are options in the criminal process for your Family Violence case.

In order to be prosecuted for Family Violence Battery, the State must prove that the alleged victim falls within the statutory definition for “Household Members or Family.”

Under O.C.G.A. § 16-5-23.1, this includes past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.

 

The State must also prove that there was either “substantial physical harm” OR “visible bodily harm” in a Family Violence Battery case in order to get convicted of the crime.

 

What happens after a Family Violence Arrest in Forsyth County?

First, the person arrested for Family Violence Battery will have their booking photo and finger prints taken and then will be ordered into the Forsyth County Detention Center. The booking process, through fingerprints, creates the official criminal history that is then made public. After the booking process, the person arrested for Family Violence will see a Judge in their First Appearance hearing. This is where Bond will be addressed.

In order to get out on bond in a Family Violence case, the Judge must find several factors to be true. The Judge must find that the person accused of Family Violence Battery:

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

(3) Poses no significant risk of committing any felony pending trial; and

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

These are referred to in Georgia as the ‘Ayala Factors’ based on the criminal case that first laid out what must be proven in order to get out on bond in a criminal case. Ayala v. State, 62 Ga. 704 (1993).  Retaining an attorney immediately at arrest means having representation at what many people view as the most important step: getting out of jail as soon as possible. A skilled attorney will do an investigation into the case  and allegations and put forth the best possible argument to have their client released on pretrial bond in their Family Violence case.

 

In a Family Violence case, the Judge may order certain requirements in order to be allowed out on bond. For example, the Judge can order domestic violence classes, or for the accused to not have any weapons while out on bond. We see in most domestic violence cases, if the person is not represented at First Appearance, that the Judge will issue a No Contact provision and Stay Away Order. This means that once the person is released, they are not allowed in many cases return to their home, or speak to the parent of their child or their husband or wife. This is something that in most cases can be avoided through proper investigation and preparation for a bond hearing.

 

What is the potential punishment for Family Violence Case in Forsyth County?

The punishment for a family violence case is codified at O.C.G.A. § 16-5-23.1 and the maximum penalty is the same across the State of Georgia. On a first conviction for Family Violence Battery, there is a maximum penalty of 12 months in custody and a $1,000 fine. Keep in mind, that the maximum penalty can be greatly increased based on what the State charges via the Accusation. For example, if there is one count of Family Violence Battery, one count of Simple Assault, and one count of Disorderly Conduct, and the charges all based on different conduct, the maximum penalty in that case would be three years to serve. A second or subsequent conviction with the same family member (as classified above) or another family member results in a felony conviction with a maximum penalty of five years in prison.

While a first lifetime conviction of Family Violence Battery appears to be just a misdemeanor, there are several collateral consequences that do always appear at first glance.  For instance, under Federal law, any person convicted of a crime of domestic violence can no longer lawfully possess a firearm.   Georgia’s classification of Family Violence Battery falls within the Federal definition of “domestic violence.”  Thus, a Georgia citizen who has a conviction of Family Violence Battery can no longer possess a firearm without the possibility of facing criminal charges in Federal court. This is a permanent forfeiture of your ability to carry a weapon.

In addition, while the maximum includes 12 months in custody and a $1,000 fine, many Judges throughout the State will require individuals convicted of Family Violence Battery to serve time on probation in lieu of jail time, with the conditions of completing a domestic violence program.  These programs go by several different names, but they generally include 24 weeks of classes, counseling, and program fees that are no included in the fine levied by the Judge.  In addition, Judges can add community service, counseling requirements, fines, and alcohol and drug evaluations.  It is important to know that all of these things can be negotiated by your attorney.

Keep in mind: an arrest is NOT a conviction. Just because you have been arrested for Family Violence in Gwinnett County or any county in the State, does NOT mean you will be ultimately convicted, and have to face the criminal history implications and criminal punishment. As in all criminal cases, there are numerous defenses and options to resolve cases short of a guilty plea!

Being charged with Family Violence Battery can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every Family Violence Battery case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.  If you or a loved one has been charged with Family Violence Battery, please contact our office today at 404-581-0999 for a free consultation.

How Battery-Family Violence becomes a Felony under Georgia Law

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Under O.C.G.A. § 16-5-23.1, the offenses of battery and battery – family violence are punished as misdemeanors. However, the same exact offense, under three sets of circumstances can transform this misdemeanor into a felony.

Battery Against the Same Victim

A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. A first or second offense against the same victim will result in misdemeanor punishment.

But, upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Battery – Family Violence

If the offense of battery is committed between household members (past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household), it shall constitute the offense of family violence battery and is punished as a misdemeanor.

However, if the defendant has previously been convicted of a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Or, if a person is convicted of a second or subsequent offense of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Contact Us

If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

Possession of Schedule 1 Controlled Substances – VGCSA – Georgia

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Possession of Schedule 1 drugs are classified as felonies in the State of Georgia. According to the laws of our state, criminal charges associated with the possession of these drugs are in accordance with the Georgia Controlled Substances Act. The following controlled substances are examples of drugs classified as Schedule 1:

  • Heroin
  • LSD
  • Morphine
  • Ecstasy

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act, include the charge of possessing Schedule I drugs. The Georgia Controlled Substances Act is laid out in the following statutes: O.C.G.A. § 16-13-20 through § 16-13-30. A list of all of the controlled substances considered to be Schedule I are referenced in O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act. A Schedule I controlled substance is defined as:

  1. A drug or other substance that has a high potential for abuse;
  2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, which does encompass any Schedule I drug.

SENTENCING

If an accused is prosecuted under the Georgia Controlled Substances Act for possessing a Schedule I controlled substance, the charge will be classified as a felony. If the accused is later convicted of these charges, the following punishments may occur:

  1. If the aggregate weight is less than one gram of a solid substance or less than one milliliter of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-3 years;
  2. If the aggregate weight is at least one gram but less than four grams of a solid substance or at least one milliliter but less than four milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-8 years;
  3. If the aggregate weight is at least four grams but less than 28 grams of a solid substance or at least four milliliters but less than 28 milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-15 years.

Because of the severity of the punishment for possessing a Schedule I controlled substance, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all possible options of an accused arrested and charged with V.G.C.S.A., we understand and assert all potential defenses for such a charge, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of a Schedule I controlled substance, please call our office today at 404-581-0999 for a free consultation.

Georgia Criminal Law – Drug Paraphernalia and Drug Related Objects

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Not only does Georgia law prohibit the possession of controlled substances, it also makes it unlawful to possess the tools or equipment used in the drug trade or use of drugs. These tools are commonly referred to as paraphernalia. Items such as pipes, needles, grinders, or bongs often come to mind. In and of themselves, these items may be perfectly legal to possess, but when discovered adjacent to a controlled substance, or when the items contain the residue of a controlled substance, that’s when you could be charged with “Drug Related Objects.”

 

The Offense

O.C.G.A. § 16-13-32.2 makes it unlawful to possess or use drug related objects. “It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

 

It is important to note that any object or material of any kind can constitute a drug related object. However, Georgia Senate Bill No. 164 would amend and revise the above law by making it inapplicable hypodermic needles or syringes.

 

Defenses

No possession: The State has to prove the person was in knowing possession (actual or constructive) in order to sustain a conviction.

 

In Wright v. State, 355 Ga.App. 417 (2020), the evidence was insufficient to demonstrate that probationer possessed methamphetamine pipe found in truck parked outside residence where probationer was being arrested on unrelated charge, and thus revocation of probation was precluded based on possession of pipe; there was no admissible evidence showing that probationer possessed pipe, and no non-hearsay evidence showed that probationer owned truck.

 

Lawful Purpose / No Intent: The State has to prove the items were possessed with the intent to be used with an illegal purpose. A bong, in and of itself, with no marijuana residue and without any evidence of drug possession or use would not be sufficient to convict for drug related objects.

 

In Holloway v. State, 297 Ga.App. 81 (2009), the evidence was sufficient to show that defendant had joint possession of two crack-pipe filters found in a vehicle that he was driving and in which a passenger was riding, so as to support a conviction for possessing a drug-related object; as the driver, defendant was presumed to have possession of contraband in the vehicle, and the state presented evidence that defendant and the passenger were involved in the crack-cocaine drug trade.

 

Punishment

Possession of a drug related object is a misdemeanor and can carry up to 12 months in jail and/or a $1,000 fine.

 

Contact Us

If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

 

 

 

 

 

Drug Trafficking Arrests in Gilmer County Georgia

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Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Gilmer County, Georgia. Why Gilmer County? Gilmer County is a highly populated county adjacent to Fulton that sees a high number of drug trafficking cases on an annual basis. Therefore, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, delivers, or brings into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams[1] of cocaine. If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

[1] With a minimum purity of 10% or more of cocaine as described in Schedule II

Driving while License Suspended or Revoked in Georgia

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In Georgia, if a person is driving on a suspended license, he/she may face jail time, probation, as well as monetary fines. If the accused is found guilty of driving while his/her license is suspended, the accused will be charged with a misdemeanor, as long as it is his/her first offense within the last 5 years.

According to O.C.G.A. § 40-5-121, any person who drives a motor vehicle on any public highway of this state without being licensed or while his/her privilege to drive in the State of Georgia is suspended, disqualified, or revoked may be found guilty of the offense of driving while license is suspended. Under Georgia law, there are numerous violations that can lead to a driver’s license being suspended or revoked. Some include, but certainly are not limited to:

  • Conviction of driving under the influence of drugs or alcohol (DUI);
  • After a DUI arrest, failure to consent to a blood, breath, or urine test following the reading of Georgia’s implied consent law;
  • Conviction of driving without insurance;
  • Conviction of vehicular homicide;
  • Failure to pay Georgia’s Super Speeder fine within its required deadline; OR
  • For accumulating 15 traffic points within a 24-month period.

Penalties

As stated above, the offense of driving while license is suspended/ revoked will be characterized as a misdemeanor if it is the driver’s first offense within the previous 5-year period. If the accused is convicted of a misdemeanor, he/she may be sentenced anywhere between 2 days and 12 months in jail and/or a fine of $500-$1,000. However, if the accused has had a prior conviction or two prior convictions, within the last 5 years, for driving while license is suspended, he/she may be charged with a “high and aggravated misdemeanor.” This means that the sentence may involve anywhere between 10 days and 12 months in jail and/or a fine of $1,000-$2,500. Finally, if the accused has had four or more convictions of driving while license is suspended within the last 5 years, the charge will be classified as a felony. A person convicted of a felony may be sentenced to 1-5 years in prison with a fine of $2,500-$5,000.

Upon receiving the accused person’s record of conviction for driving while license is suspended, the Georgia Department of Driver’s Services will impose an additional suspension or disqualification of 6 months. Once the additional 6 months has expired, the driver is eligible to reinstate his/her driver’s license.

Contact Us

Due to the severity of the penalties for driving on a suspended license, 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 serious allegations. At the Law Offices of W. Scott Smith, we are skilled at defending such charges. Therefore, if you or a loved one has been arrested for driving while license is suspended, please call our office today at 404-581-0999 for a free consultation.

The Georgia First Offender Act

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The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence.

According to O.C.G.A. § 42-8-60, the accused may be eligible under the First Offender Act if the following statements are true:

  • The accused has never been convicted of a felony;
  • The accused have never been previously sentenced under the First Offender Act;
  • The offense charged is not a serious crime committed against a law enforcement officer engaged in his/her duties;
  • The offense charged is not Driving Under the Influence (O.C.G.A. § 40-6-391);
  • The offense charged is not a serious violent felony (O.C.G.A. § 17-10-6.1);
  • The offense charged is not a serious sexual offense (O.C.G.A. § 17-10-6.2);
  • The offense charged is not related to child pornography (O.C.G.A. § 17-10-100.2);
  • The offense charged is not related to electronic sexual exploitation of a minor, computer pornography (O.C.G.A. § 17-10-100);
  • The offense charged is not trafficking of persons for labor or sexual servitude (O.C.G.A. § 16-5-46); and
  • The offense charged is not neglecting disabled adults or elderly people (O.C.G.A. § 16-5-101).

HOW IT WORKS

Trial counsel for the accused must ask the judge to sentence him/her under the First Offender Act. Then, the judge will consider whether to sentence the accused to First Offender after he/she hears arguments from both the prosecution and the defense. If the judge sentences the accused under First Offender, his/her official criminal history will describe the disposition of the crime charged as “First Offender” until the sentencing term is successfully completed. If the accused violates any conditions placed on him/her during their term of sentence, including committing another crime, the judge has the discretion to revoke the First Offender status. This means that the accused will be sentenced and convicted, which will be shown on his/her official criminal history. In revoking one’s status, the judge does have discretion to sentence the accused to the maximum penalty for the crime charged. However, if the term of sentence is successfully completed, the clerk of court will seal the offense charged from his/her official criminal history.

CONTACT US

At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about the consequences of a criminal conviction on one’s record, as well as all possible options for our clients dealing with pending allegations. Therefore, if you have been recently arrested on a criminal charge or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.