What to expect during a DUI stop in Powder Springs, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Powder Springs, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Powder Springs, GA for DUI, your case will be sent to Powder Springs Municipal Court. In the Powder Springs Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cobb County.

If you have been arrested for DUI in Powder Springs, GA and would like a free consultation, call us at (404) 581-0999.

 

What is Arraignment?

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

If you are charged with committing a crime, there are many different hearings that you might have to attend. One of those is an Arraignment. What is an Arraignment? An arraignment is the first court appearance or first court date someone receives after they get out of jail on bond or after they receive a traffic ticket. Some counties don’t give you a court date immediately. Other counties will mail you a court date. Sometimes it can be a while before you have your first court date.

What is the purpose of Arraignment? Arraignment is to notify you what your charges are and give you an opportunity to plead guilty or not guilty. In Georgia, every defendant has the right to an arraignment in a felony and misdemeanor case.

Sometimes the charge you were originally given or arrested for is not the same charge that the prosecutor is going forward on. This means that they can charge you with something more serious or charge you with something less serious.

Arraignment is not the time where you can present evidence or argue your case to the judge.  It is simply the time to enter guilty or not guilty and hear the formal charges the prosecutor is moving forward against you on. In all, not much happens at Arraignment. Ideally, you should have an attorney to represent you at arraignment. A lawyer can appear in court on your behalf and waive arraignment to excuse you from court.

If you or someone you know has been arrested or charged with a crime or is under investigation, having a lawyer help you through the process can ensure your rights are protected. Contact the Law Office of Scott Smith today for a free consultation at 404-581-0999.

 

Theft by Shoplifting in Dunwoody Municipal

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

In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a state law in which the offense is charged as a misdemeanor, or in more serious cases, a felony. Here, we will discuss when a shoplifting case lands in the Municipal Court of Dunwoody.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. If an accused has been alleged to have shoplifted property or goods valued at less than $500, this will be characterized as a misdemeanor offense. However, if the accused has prior shoplifting convictions, it may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these charges by either getting them dismissed, or reduced to another offense, by negotiating with the Dunwoody Municipal prosecutor, or by bringing forth affirmative defenses to such allegations, either during a bench trial in the municipal court, or during a jury trial in Dekalb County State Court.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by shoplifting in Dunwoody, Georgia, please call our office today at 404-581-0999 for a free consultation.

Theft by Shoplifting in Marietta Municipal

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

In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a state law in which the offense is charged as a misdemeanor, or in more serious cases, a felony. Here, we will discuss when a shoplifting case lands in the Municipal Court of Marietta.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. If an accused has been alleged to have shoplifted property or goods valued at less than $500, this will be characterized as a misdemeanor offense. However, if the accused has prior shoplifting convictions, it may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these charges by either getting them dismissed, or reduced to another offense, by negotiating with the Marietta Municipal prosecutor, or by bringing forth affirmative defenses to such allegations, either during a bench trial in the municipal court, or during a jury trial in Cobb County State Court.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by shoplifting in Marietta, Georgia, please call our office today at 404-581-0999 for a free consultation.

What to expect during a DUI stop in Acworth, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Acworth, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Acworth, GA for DUI, your case will be sent to Acworth Municipal Court. In the Acworth Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cobb County.

If you have been arrested for DUI in Acworth, GA and would like a free consultation, call us at (404) 581-0999.

 

What to expect during a DUI stop in Dunwoody, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Dunwoody, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Dunwoody, GA for DUI, your case will be sent to Dunwoody Municipal Court. In the Dunwoody Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of DeKalb County.

If you have been arrested for DUI in Dunwoody, GA and would like a free consultation, call us at (404) 581-0999.

What to expect during a DUI stop in Canton, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Canton, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Canton, GA for DUI, your case will be sent to Canton Municipal Court. In the Canton Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.

If you have been arrested for DUI in Canton, GA and would like a free consultation, call us at (404) 581-0999.

What to expect during a DUI stop in Woodstock, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Woodstock, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Woodstock, GA for DUI, your case will be sent to Woodstock Municipal Court. In the Woodstock Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.

If you have been arrested for DUI in Woodstock, GA and would like a free consultation, call us at (404) 581-0999.

What to expect during a DUI stop in Alpharetta, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Alpharetta, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Alpharetta, GA for DUI, your case will be sent to Alpharetta Municipal Court. In the Alpharetta Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Fulton County.

If you have been arrested for DUI in Alpharetta, GA and would like a free consultation, call us at (404) 581-0999.

 

What to expect during a DUI stop in Kennesaw, GA

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

By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Kennesaw, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?

First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.

Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.

The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.

If you are arrested for DUI in Kennesaw, GA for DUI, your case will be sent to Kennesaw Municipal Court. In the Kennesaw Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cobb County.

If you have been arrested for DUI in Kennesaw, GA and would like a free consultation, call us at (404) 581-0999.