I have a case in the Municipal Court of Atlanta and I missed a Court date. What do I do?

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

If you have a traffic or misdemeanor citation pending in the Municipal Court of Atlanta and you received notice that you missed a Court date, there is a chance that, unless you act quickly, your driver’s license will be suspended. Don’t panic! People make mistakes, forget to mark their calendars, pay a ticket online, or have moved and did not receive notice of the Court date. You can get your license reinstated or prevent the license from going into suspension by following these steps:

The quickest way to resolve the issue is to go directly to the Courthouse and fill out a “Waiver of Arraignment” form in the front office. These forms are located on the right side of the ground floor of the Courthouse, right past the metal detectors. It is in a room past the clerk’s windows, with vending machines and a snack bar. The form is located on a table in the front of the room. You can fill out the form with your name, citation number, and address. Once you complete the form, you must turn it into the clerk’s window, located immediately to the left of the vending machines. Once you submit this form, the Court will place you on a calendar so that you can come to Court to address the failure to appear. Once you appear in Court, the Judge will lift the FTA and issue you a form that you take to the Department of Drivers Services. Once DDS receives that form, the suspension or pending suspension on your driver’s license will be lifted. It is very important to remember that if your license has already been suspended, you MAY NOT DRIVE to the Courthouse, and will need to arrange alternate transportation.

You should also keep in mind that even if the FTA is lifted, your citation may not be resolved, and you may still need to go back to Court to resolve the case with a plea, trial, or diversion agreement.

If you live out of State or you are not able to attend Court, you should consider hiring an attorney who can complete this process for you. Do not put off addressing your FTA, and seek to handle it as quickly as possible. Failures to do so can result in consequences such as fees, warrants, and/or the loss of driving privileges. If you have an FTA in the Municipal Court of Atlanta, give us a call for a free consultation. Our office is only blocks away, and we can help you address the FTA and get your driving privileges reinstated. For questions or a free consultation, call us at 404-581-0999.

Trafficking Marijuana at the Atlanta Airport

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

If you are arrested for marijuana at the Atlanta airport, your case will likely be prosecuted in Clayton County Superior Court. The penalties you could possibly face if convicted depend on how much marijuana you have with you at the time of your arrest.

Georgia regulates marijuana through the Georgia Controlled Substance Act and O.C.G.A. §16-13-1(a)(1) says that marijuana is a controlled substance. The Georgia codes that specifically regulates marijuana crimes are O.C.G.A. § 16-13-30(j) and O.C.G.A. § 16-13-31(c). The statutes say that “It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana”. The penalties an individual faces for possessing marijuana at the Atlanta airport depend on the quantity of marijuana and could range from a simple fine to up to 15 years in prison.

If you are caught with less than an ounce of marijuana, you will be charged with a misdemeanor and face a fine of up to $1000 and/or a year in jail. If you are caught with more than an ounce but less than 10 pounds of marijuana, you face a felony conviction and 1-10 years in prison.

However, for the higher amounts often intercepted at the airport, the penalties are severe. If you possess marijuana in excess of 10 pounds, you will be charged with trafficking marijuana and the penalties depend on the amount you possess:

  • If you are arrested with 10-2,000 pounds of marijuana, you will be charged with felony trafficking and face a mandatory minimum of 5 years in prison and a $100,000 fine.
  • If you are arrested with 2,000-10,000 pounds of marijuana, you will be charged with felony trafficking and face a mandatory minimum of 7 years in prison and a $250,000 fine.
  • If you are arrested with more than 10,000 pounds of marijuana, you will be charged with felony trafficking and face a mandatory minimum of 15 years in prison and a $1 million fine.

As you can see, the penalties for trafficking marijuana at the Atlanta airport are steep. It is important that you hire a skilled criminal defense attorney to represent you if you are charged with this offense. The lawyers at W. Scott Smith are experienced at defending these types of crimes and will work tirelessly to discover defenses in your case and protect you from these severe punishments. Call our office today at 404-581-0999 for a free consultation.

Teen and Young Adult Traffic Tickets in Georgia

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

By: Mary Agramonte, W. Scott Smith PC

If you are a high school or college aged student with a traffic ticket pending in Georgia, it is important to note that young drivers have much different penalties in traffic court than adult drivers. There are several traffic citations in Georgia that can have harsh consequences to those convicted if under the age of 21.

The following offenses will suspend a driver’s license if the driver is under the age of 21 at the time of the conviction:

  • Speeding 24-mph or more over the limit
  • Hit and Run
  • Racing
  • Fleeing or Attempting to Elude
  • Reckless Driving
  • Improper Passing on a Hill or a Curve
  • Unlawful Passing of a School Bus
  • Driving under the Influence
  • Aggressive Driving

In addition to the offenses listed above, if the driver is under the age of 18, accumulating 4 or more points in any 12-month period will also suspend driving privileges. This can occur by being cited in two separate incidents. For example, if a driver is first convicted of Following too Closely at one point, and within the year, a minor speeding ticket, this would put the teen driver over four points, thereby suspending his or her license.

Simply paying the ticket and not attending court is considered a conviction and will count towards the points accumulation.

In the above scenarios, there is no limited permit available for driving privileges. The State will issue a minimum 6-month license suspension. There is one exception to that rule: if the driver is convicted of driving 24-mph over the speeding ticket, and they are between the ages of 18 and 21, the sentencing judge may issue a limited permit in their discretion.

In addition to the license suspension, penalties for under 21 teen and young adult drivers may include probation, driving classes, community service, and fines (and jail, in some scenarios like hit and run, fleeing and attempting to elude, reckless driving, DUI, and more).

Due to the consequences of traffic tickets on teen and young adult drivers, it is highly beneficial to consult with an experienced traffic defense lawyer. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties. This will not only protect young drivers from license suspensions, but can also avoid points being assessed and reported to insurance companies, thereby avoiding rate increases.

If you are a driver under the age of 21 years old, or the parent of one, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999

Statutory Rape in Gwinnett County

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

Statutory Rape in Gwinnett 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 Gwinnett County 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 in Gwinnett County, 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 Gwinnett County for Statutory Rape, you will see a Gwinnett Magistrate judge the following day. At this initial court date, the Gwinnett 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 Gwinnett 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 Gwinnett 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.

How the Fourth Amendment Could Protect You in Drug Cases

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

The Fourth Amendment provides safeguards for individuals during their interactions with law enforcement. If evidence is discovered during an interaction that violates an individual’s Fourth Amendment rights, that evidence cannot be used against the individual in court.

This issue commonly arises in cases where an individual is pulled over for a traffic violation and is subsequently charged with possessing drugs. For example, if an officer pulls you over for crossing the solid line, they are not allowed to search your car for drugs if you do not consent to the search. While there are certain exceptions in place to ensure officer safety and to prevent the destruction of evidence (such as patting down an individual on the outside of their clothing to search for weapons, for example), the officer cannot freely look through your pockets or inside your vehicle.

Understanding Fourth Amendment protections is complex, and it is important that you hire an experienced attorney if you are charged with a serious offense like possession of drugs, possession of drugs with intent to distribute, or trafficking drugs. The lawyers at W. Scott Smith, PC will work diligently to discover any Fourth Amendment violations in your case and to keep the harmful evidence out of court. If you are charged with one of these serious offenses in Clayton, Cobb, Dekalb, Fulton, Gwinnett, or Fayette Counties, call our office at 404-581-0999 today for a free consultation.

Cherokee County Drug Trafficking Attorney

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

The war on drugs is alive and well in the Georgia criminal justice system. You may be surprised the amounts of each drug that Georgia law considers to be Drug Trafficking. While selling drugs of any kind is against the law and considered a felony, there is a threshold for each drug that will bump the case into drug trafficking. Drug trafficking has significantly harsher penalties than a simple Possession charge or even Possession with Intent to Distribute. Drug trafficking also can make obtaining a bond more difficult at the onset of the case because only a Superior Court Judge can grant bond in these situations. This can be an issue since the first Judge people typically see after arrest is a Magistrate Judge at First Appearance, and Magistrate Judges do not have authority to grant a bond in Drug Trafficking cases in Georgia. In some courts, Magistrate Judges “sit in designation” and can in fact handle bond hearings for trafficking charges. If this is not the case, attorneys must request a hearing by a Superior Court Judge in order to request a bond.

 

What is considered drug trafficking?

Simply possessing the following amounts will be considered Drug Trafficking under Georgia law, even if there is no evidence of selling or delivering it.

Methamphetamine: 28 grams or more

Heroin: 4 grams or more

Cocaine: 28 grams or more

Marijuana: 10 pounds

 

How much time am I facing if I am charged with Drug Trafficking in Cherokee County?

The short answer is it depends. Each drug and amount has a different mandatory minimum sentence. For example, if you have anywhere between 28 grams and 200 grams of cocaine, Georgia law requires a sentence with a minimum 10 years and $200,000 fine. Those numbers go up with every amount over 200 grams.

If you are charged with trafficking marijuana in Georgia, and the amount seized was somewhere between 10 pounds and 2,000 pounds, it is a mandatory minimum sentence of five years and a $100,000 fine.  Similarly, these numbers will also go up for every amount over 2,000 pounds.

See O.C.G.A. § 16-13-31 for all mandatory minimum sentencing according to type of drug and amount seized. There is a lot of negotiation that can occur in these cases to avoid mandatory minimum sentencing.

 

There are defenses to Drug Trafficking in Georgia

Drug trafficking cases typically implicate the Fourth Amendment more than any other type of case. Each of us has a Constitutional right to be free from unreasonable search and seizures. Each case is different and must be carefully analyzed in terms of whether the police officers acted lawfully in the search and seizure of the drugs. For example, if the officers had no right to enter your trunk or your safe in the closet, the drugs and case can be thrown out. Likewise, if the search warrant is not valid, or they did not get a warrant, this is another defense to getting the drugs suppressed or excluded.

Drug trafficking in Georgia and in Cherokee County carries significant sentences, and the legal motions must be filed very early on in the case in order to preserve the issue and allow us to argue the suppression of the drugs. If you or a loved one has been arrested and charged with Drug Trafficking in Cobb County, reach out today for a FREE CONSULTATION with the experienced lawyers of W. Scott Smith by calling 404-581-0999.

 

Aggravated Stalking in Clayton County, Georgia

/in , , , , , , /by

By: Attorney Erin Dohnalek

In Georgia, aggravated stalking is charged as a felony. It is set out in O.C.G.A. § 16-5-91. This statute states that an individual commits aggravated stalking when:

  • He/she violates a “no contact” or “stay away” provision of their bond;
  • He/she violates a temporary restraining order, temporary protective order, permanent protective order, preliminary injunction, or permanent injunction ordering them to have no contact with the alleged victim;
  • He/she violates a “no contact” or “stay away” condition of their pretrial release, condition of probation, or condition of parole; and
  • The individual follows, places under surveillance, or contacts the alleged victim without his/her consent for the purpose of harassing and intimidating.

In Georgia, there is no requirement that the accused has to have actual notice of the “no contact” provision as a condition of bond, pretrial release, probation/ parole, or from a temporary protective order. The contact alone is enough, even if the accused was not aware of the “no contact” order. See Revere v. State, 277 Ga. App. 393 (2006). “Contact” can also be established by phone, email, or mail. It does not need to be in-person contact in order to be sufficient to convict for aggravated stalking. See Murden v. State, 258 Ga. App. 585 (2002).

Additionally, even if the alleged victim allowed contact, or initiated contact, after the “no contact” provision was ordered, that does not mean that an accused can no longer be prosecuted for aggravated stalking. An accused can be prosecuted if the alleged victim changes his/her mind, and decides that they no longer want contact with the accused, if at the time of the contact, there is a “no contact” provision in place. See Revere v. State, 277 Ga. App. 393 (2006).

Finally, a single incident of stalking is not sufficient to convict an accused of aggravated stalking. There must be a pattern of harassing and intimidating conduct, and generally a single incident alone is not enough. See State v. Burke, 287 Ga. 377 (2010).

Sentencing:

Any individual convicted of this crime in Clayton County will be sentenced to 1-10 years in prison, and fined up to $10,000. However, the reduced charge of aggravated stalking is characterized as a “violation of a criminal protective order.” This charge is a misdemeanor and the sentencing is much less punitive. An experienced criminal defense attorney may be able to negotiate sentencing to fall under the misdemeanor statute.

Contact Us

Due to the severity of the punishment for aggravated stalking, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of this crime, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with aggravated stalking in Clayton County, please call our office today at 404-581-0999 for a free consultation.

Prostitution, Pimping and Pandering

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

Prostitution is when a person performs or offers or consents to perform a sexual act for money or other items of value. O.C.G.A. §16-6-9.

The statute is not about sexual activity per se but is solely concerned with commercial transactions involving sexual activity. The harm is done to society and not to the individual. Therefore, the State is not required to name the person solicited for prostitution.

Both males and females are prohibited from selling sexual acts. Prostitution is only concerned with the seller. The buyer’s activities are not prostitution.

Prostitution is a misdemeanor and is punished up to 1 year imprisonment. In addition, a person may be fined up to $ 2,500 for prostitution if the offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is primarily used of people under the age of 17.

Pimping is when a person performs any of the following acts:

  1. Offers or agrees to procure a prostitute for another;
  2. Offers or agrees to arrange a meeting of persons for the purposes of prostitution
  3. Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
  4. Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
  5. Aids or abets, counsels, or commands another in the commission of prostitution or aids of assists in prostitutions where the proceeds or profits derived therefrom are to be divided on a pro rata basis.

An indictment for pimping does not need to name the prostitute or the person solicited because the focus is on the harm done to society.

Pimping is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pimping involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.

Pandering is when a person solicits another person to perform an act of prostitution in his or her own behalf of on behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.

Pandering is a misdemeanor of a high and aggravated nature, which is punishable by 12 months imprisonment and up to a $ 5,000 fine. However, when the pandering involves the conduct of a person who is at least 16 but less than 18 years of age, the offense is a felony punishable by imprisonment of or a period of not less than 5 years nor more than 20 years.

The clerk of court in which a person is convicted of pandering must cause to be published a notice of conviction for that person in the legal organ of the county in which the person resides or, if a nonresident, in the legal organ of the county in which the person was convicted of pandering.

It is imperative that you do not talk to the police if you are accused of prostitution, pimping or pandering. Only speak to a qualified attorney so that you can properly defend yourself.

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.

It is your life, your criminal record and you deserve the best representation possible.

How Other Acts Evidence Can Benefit a Criminal Defendant

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

The State often uses “other acts” evidence to introduce other bad things that a defendant has done to a jury. While the State cannot bring this evidence in to show that the defendant has a bad character, they can bring the evidence in if they can convince a judge that they are doing so to prove something like motive, intent, knowledge, identity, plan, or purpose. These exceptions are all part of the Georgia Rules of Evidence and can be found in O.C.G.A § 24-4-404(b) (often referred to as 404(b) evidence).

But the defense can use these powerful exceptions to their advantage to introduce other bad acts of an alleged victim to the jury (often call reverse 404(b) evidence). Here is an example of how reverse 404(b) evidence could be used to your advantage:

Imagine that you are working in your garage and see a teenager approach your elderly neighbor’s front door. You see the teenager peering in windows and you feel that the teenager is going to harm your elderly neighbor. You approach the teenager, with your firearm by your side, and ask them to leave the property. The teenager reports your behavior to the police and you suddenly find yourself facing criminal charges.

Luckily, you have hired one of the lawyers at W. Scott Smith who begins thoroughly investigating your case and discovers that only two weeks after the incident at your neighbor’s, the teenager is arrested for breaking into another house nearby. By utilizing Rule 404(b) your lawyer is able to introduce this other robbery evidence to a jury to show that the teenager intended to rob your neighbor and that you were justified in approaching the teenager with your firearm.

If you are charged with a serious crime like murder or aggravated assault, it is important that you hire an experienced lawyer who will thoroughly investigate your case and fight to admit any evidence that helps to prove your innocence. If you are charged in Gwinnett, Cobb, Fulton, Dekalb, Clayton, or Newton County, and believe that there is evidence that should be admitted about an alleged victim, call our office at 404-581-0999 today for a free consultation.

Statutory Rape

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

Statutory Rape 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.

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 Georgia 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.

It is your life, your criminal record and you deserve the best representation possible.