Reckless Conduct in Fulton County

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The Fulton County Solicitor General prosecutes crimes of reckless conduct. Under O.C.G.A. 16-5-60, reckless conduct is when you causes bodily harm to or endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Reckless Conduct involves an act of criminal negligence, not an intentional act.

What does criminal negligence mean in the contact of Reckless Conduct. Criminal negligence implies, not only knowledge of a likely consequence which may result from the act, but also willful or wanton disregard of the probable effects upon others likely to be affected.

Criminal negligence is more than ordinary negligence. Criminal negligence is the reckless disregard of any consequences, or an indifference to the safety of others.

If you are charged with reckless conduct in Fulton County, you face 1 year in jail and a $ 1,000 fine.

If you are charged in Fulton County with reckless conduct,  please call us at 404-581-0999. You need to zealously defend yourself against these allegations.

How Your Defense Attorney Can Use Georgia Rules of Evidence Rule 403 to Keep Out Prejudicial Evidence

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When a person is charged with a crime, the State will often try to present evidence of other bad acts performed by the defendant or evidence that is intended to inflame the passions of the jury. When wielded correctly, Rule 403 gives your defense attorney a weapon to fight back with.

Rule 403 states that “[r]elevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” This simply means that a judge may decide that certain evidence may not be presented to the jury if it is likely to prejudice the jury against the defendant, is a waste of time, or is unnecessarily cumulative (an example of unnecessarily cumulative evidence would be prosecutors showing a music video where the defendant points guns and claiming it is being shown for identification purposes when other witnesses had already identified the defendant in surveillance footage from the incident) . A 2020 Georgia Supreme Court case says it perfectly: “the major function of rule governing exclusion of relevant evidence due to prejudice, confusion, or waste of time is to exclude matters of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect.” Jernigan v. State, 357 Ga.App. 415.

A recent example of Rule 403 being used effectively was in the Ross Harris case from 2016. Ross Harris was charged with intentionally leaving his son in the hot car where he ultimately died. The State presented evidence of text messages Harris had sent to underage girls as well as large amounts of evidence of Harris’ infidelity. Although Harris was convicted of sex crimes and murder, his attorneys used Rule 403 at his appeal to show that the two crimes (sexual texts with underage girls and murder) should have been tried separately. While the text messages proved he was guilty of the sex crimes, they did nothing to prove Harris’ intent when he walked away from his car and were highly prejudicial when the jury considered the murder charge.

If you find yourself facing serious charges, it is important that you hire a lawyer that understands the rules of evidence and will use every tool available to prevent the jury from hearing prejudicial evidence. The lawyers at W. Scott Smith will explore every aspect of your case and fight for you in the courtroom to give you the best chance of hearing “Not Guilty”. If you face serious charges like rape, murder, child molestation, drug trafficking, or aggravated assault in Fulton, Cobb, Dekalb, Gwinnett, Douglas, Rockdale, or Barrow counties, call our office at 404-581-0999 for a free consultation.

Teen and Young Adult Traffic Tickets in Alpharetta Municipal Court

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If you are a high school or college aged student with a traffic ticket pending in Alpharetta Municipal Court, it is important to note that young drivers have much different penalties in Georgia 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).

If your child is charged with a traffic ticket in Alpharetta Municipal Court, the court appearance will take place at 3690 Highway 9. Building B. Milton, GA 30004. In all traffic and misdemeanor cases, you are entitled to a jury trial. Since Alpharetta Municipal Court does not have jury trials, the jury trial would take place at Fulton County State Court at a later date.

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 who practices in Alpharetta Municipal Court. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties as well as have a jury trial on the charges. 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, with a case pending in Alpharetta Municipal Court, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

 

Help! My teenager is charged with possessing or distributing child pornography.

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While it might be common sense that it is illegal for adults to possess or distribute child pornography, it is also illegal for teenagers. It is a misdemeanor if the teen charged is 18 or younger, the teen in the photo is at least 14, and the photo/video was taken with consent. However, if the photo/video was sent to anyone it becomes a felony with a penalty of five (5) to twenty (20) years in prison, a fine up to $100,000 and time on the sex offender registry. Being charged with possessing or distributing child pornography can have long lasting collateral consequences. If your teen has been charged with possessing or distributing child pornography it is important to contact an experienced criminal defense attorney as soon as possible. Please call us for your free consultation at 404-581-0999.

Teen and Young Adult Traffic Tickets in Roswell Municipal Court

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If you are a high school or college aged student with a traffic ticket pending in Roswell Municipal Court, it is important to note that young drivers have much different penalties in Georgia 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).

If your child is charged with a traffic ticket in Roswell Municipal Court, the court appearance will take place at 38 Hill Street, Roswell, Georgia. Judge Brian Hansford is the presiding Judge of Roswell Municipal Court. In all traffic and misdemeanor cases, you are entitled to a jury trial. Since Roswell Municipal Court does not have jury trials, the jury trial would take place at Fulton County State Court at a later date.

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 who practices in Roswell Municipal Court. A skilled criminal defense lawyer knows the repercussions of traffic tickets on under 21 drivers, and can potentially negotiate amended charges and reduced penalties as well as have a jury trial on the charges. 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, with a case pending in Roswell Municipal Court, reach out to the lawyers at W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

Decriminalized weed does not mean legal weed

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Some cities in Georgia, including Atlanta, have decriminalized the possession of less than an ounce of weed. However, it is still very much illegal in the state of Georgia. So, what does that mean? It means that police officers and prosecutors have a choice; they can charge you with a city ordinance violation OR a violation of state law. The difference is the penalty. In Atlanta, the city ordinance violation for possession of weed less than one ounce is a $75 fine. The state law violation is a misdemeanor with a penalty of up to 12 months to serve and a $1,000 fine.

Any drug charge can have serious consequences, even simple weed charge. For example, it can affect your job, housing, or driving privileges. If you or a loved one has been charged with a drug offense it is important to have a knowledgeable advocate on your side. Call for a free consultation today.

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

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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.

Teen and Young Adult Traffic Tickets in Georgia

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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

How Other Acts Evidence Can Benefit a Criminal Defendant

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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.

When Does a Prosecutor Have to Disclose a Deal Made with a Witness in Exchange for Testimony?

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Often, the State will work with co-defendants to offer them a favorable plea deal to testify against another defendant. But, is the prosecutor required to disclose these deals to the other co-defendants or the jury during the trial?  The short answer is found in a 1963 United States Supreme Court case called Brady v. Maryland (373 U.S. 83). The State is required to turn over any evidence that meets four prongs: the evidence must be favorable to the defendant, the defendant must have been unable to obtain the evidence himself, the State must have suppressed the favorable evidence, and, had the evidence been disclosed to the defense, there must have been a reasonable probability that the outcome of the trial would have been different. Williamson v. State, 300 Ga. App. 538 (2009); Brannon v. State, 298 Ga. 601 (2016).

How does this rule apply to statements made by co-defendants in exchange for favorable plea deals?   A co-defendant’s statement could become favorable to a defendant if it calls into question a co-defendant’s credibility. In Byrd v. Owen, 272 Ga. 807 (2000), the Georgia Supreme Court found that the prosecutor was obligated to disclose an immunity agreement it made with its main witness, who was the defendant’s partner in drug trafficking. The Court found that the deal should have been disclosed because, if the defense could have discredited the witness’s testimony (and ultimately shown that he had incentive to lie to get a plea deal), there was a substantial likelihood that the outcome of the trial would have been different. Additional Georgia Supreme Court cases like Schofield v. Palmer, 279 Ga. 848 (2005) tell us that because the reliability of a particular witness may be determinative of guilt or innocence, impeachment evidence, including evidence about any deals or agreements between the State and the witness, falls within the Brady rule, which requires the prosecution to disclose favorable evidence that is material either to guilt or to punishment.

All of this means that if you are charged with a serious crime like murder, armed robbery, or drug offenses, and the State is offering a co-defendant a plea deal in exchange for their testimony against you, they are obligated to disclose that deal. You need an experienced attorney to demand that disclosure and to work diligently to prove that witness unreliable. The lawyers at the Law Office of W. Scott Smith are dedicated to their clients and insist on holding the State accountable to the rules. If you find yourself charged with a serious crime and in need of a lawyer to fight for you, call our office at 404-581-0999 for a free consultation.