Georgia DUI Law: Do You have the Right to an Attorney When Being Investigated for DUI?

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Does a Person Have the Right to Contact Counsel During a DUI Investigation?

Unfortunately, the answer is “no.” In Rackoff v. State, 281 Ga. 306, (2006), the specific issue was whether a person arrested for DUI entitled to the advice of counsel before deciding if he should take a breath test.  The Supreme Court of Georgia stated:

[T]he right to counsel does not attach automatically upon arrest. In fact, the Sixth Amendment right to counsel does not come into play until the criminal process has progressed to a “critical stage” after the initiation of adversary judicial proceedings . . . and Georgia’s constitutional right to counsel does not attach unless the proceeding constitutes a “critical stage.” A critical stage in a criminal proceeding is that point at which rights may be lost, defenses waived, privileges claimed or waived, or the outcome of a case may be substantially affected.

Id. at 308-309. The Court reasoned individuals do not have the right to counsel at this stage because ‘no formal proceedings had been initiated,’ and, ‘there is little value a lawyer could add that would substantially affect the fairness of the trial.’

But how can this decision stand in light of our discussion regarding the implications of the State requested chemical test under the Implied Consent Warning? Why is this decision not a critical stage in the case?

Know Your Rights

Because the Court has ruled you do not have the right to legal counsel during a DUI investigation, it is incredibly important you know your rights if being questioned by the police. First, do not make any statements to the police. Second, politely decline to perform any Field Sobriety Tests and the Portable Breath Test. These tests are voluntary.

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Aggravated Assault by Strangulation

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We see it happening more and more often: Battery-Family Violence charges being upgraded to Aggravated Assault-Strangulation. This means that the person originally arrested for a misdemeanor, can now be facing not only the misdemeanor of Battery-Family Violence, but also the serious offense of Aggravated Assault by Strangulation.

Why was my Battery Family Violence case transferred to the District Attorney’s Office?

Officers initially make the arrest decision, but prosecutors have the ability to draft up indictments to present to a grand jury based on the facts within the officer’s original report. If there is any mention that the person placed their hands on the victim’s neck, it is possible and probable that the case will be upgraded to a felony offense of Aggravated Assault-Strangulation. Given the fact that it is a felony, the case will be sent to be prosecuted in felony court also known as Superior Court, by attorneys who prosecute more serious cases.

What is Aggravated Assault Strangulation?

Georgia law states that a person commits the offense of Aggravated Assault by Strangulation when he or she assaults with any object, device, or instrument, which when used offensively against a person, is likely to or actually does result in strangulation. There are defenses in these cases as Georgia no longer defines what Strangulation means. The Georgia statute used to say that “Strangulation” is defined as impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person. Without that definition on the books anymore, it is very fact specific on whether or not the State can actually prove strangulation. In most cases, where there has been no loss of conscious, it will be difficult for the State to prove actual strangulation. Therefore, when the facts state that someone’s hands were placed on another’s neck, then arguably the person has committed a misdemeanor battery instead of the serious felony offense of Aggravated Assault by Strangulation.

What does it mean for the case if I am now facing Aggravated Assault by Strangulation?

Having the case upgraded to Aggravated Assault-Strangulation can lead to much harsher sentence if you are found guilty.  The crime itself carries 1-20 years in prison, which can be stacked with the other crimes originally charged and can result in a lengthy prison sentence. If you are charged with Aggravated Assault by Strangulation, you will be prosecuted by the District Attorney’s office in Superior Court and the stakes are certainly higher.

Given the harsher penalties associated with violent felonies, it is imperative to seek a Georgia criminal defense attorney early on who can evaluate the case and immediately begin building the defense. Being proactive by speaking to a lawyer immediately after an arrest is the best way to ensure a strong defense when your case goes to court. Call us today for a FREE CONSULTATION about your Aggravated Assault by Strangulation case at 404-581-0999.

Domestic Violence Defense

Georgia DUI Law: DUI Second Offense in Five Years

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If you are charged with DUI in Georgia, you need to hire a skilled and experienced attorney to handle your case. DUI’s can be complex in nature and if convicted, will expose you to serious criminal liability. This article will discuss the criminal penalties to expect if you are convicted of DUI in Georgia for the second time within a five year period, measured by the dates of arrest for which a conviction was obtained.

Jail Time and Probation

Generally, a DUI is considered a misdemeanor offense. As such, the maximum penalty is up to one year in jail and a $1,000 fine. Can a judge sentence to the maximum? Yes. Will the judge sentence to the maximum? Unlikely. For a second DUI in 5 (or 10) years, there is a minimum mandatory 72 hours in jail. The judge may give you credit for time already spent in custody when you were first arrested. The remainder of the 12 months will be “probated,” meaning you will be placed on probation.

Probation is like walking around with a rain cloud over your head. While on probation, you are required to “report” to probation, either in-person, or by mail or phone (usually permitted if you live out of county or out of state). You are required to pay a monthly probation supervision fee separate from the fine assessed as part of the conviction (usually $30-$40 per month). You are also prohibited from drinking alcohol or doing drugs while on probation. If you are arrested for a new crime while on probation, this could cause serious issues as well. Your current probation could be “revoked” and you could go back to jail for the time remaining on probation.

Fines and Fees

The minimum fine for a second DUI is $600, the maximum is $1,000. This base fine is accompanied by court costs which add a hefty tax to the overall fine. Interestingly, Georgia law allows for a judge to reduce the base fine up to one-half if you are currently enrolled in a substance abuse program at the time of sentencing. The sentencing judge may also reduce the fine if not doing so would impose “an economic hardship” on the defendant. There are additional costs and fees associated with the required classes and counseling, discussed below.

Classes and Counseling

Typical DUI punishment includes mandatory participation in a Risk Reduction class, also referred to as “DUI School.” This 20 hour class focuses on the dangers of DUI driving and costs roughly $350. The Risk Reduction class must be completed within 120 days of the conviction. You will also be required to complete a Victim Impact Panel. This 2 hour class discusses the “impact” DUI cases have on victims and their families.

Furthermore, those convicted of DUI must undergo a clinical evaluation for alcohol and drug dependency. You must meet with a state certified counselor for an assessment and complete any treatment if treatment is recommended.

Community Service

Those convicted of what’s called a “second-in-five” DUI will also have to complete 240 hours of community service. Generally, you can choose which organization to work for, so long as it is a federally recognized non-profit organization and is not a religious institution. Some jurisdictions, however, force you to choose from certain designated organizations. At the end of your community service, you will want a document on the organization’s letterhead stating you successfully completed community service.

Publication of Conviction

A second DUI within a five year period also causes your conviction to be published in the local newspaper in the county you live in, or in the county where the conviction took place (for non-residents).  The publication is one column wide by two inches long and contains the person’s booking photograph, the name of the convicted person, the city, county, and zip code of the convicted person’s residential address, and the date, time, place of arrest, and disposition of the case. The publication is made once in either the second week following the conviction or shortly after the conviction. Furthermore, the person is assessed a $25 publication.

License Suspension

O.C.G.A. § 40-5-63 governs the driver’s license suspension for any person convicted of DUI. For a second-in-five conviction, your full driving privileges will be suspended for eighteen months. After first serving a 120 day hard suspension of your license which means no driving at all in those first 120 days, you will be eligible for a twelve month ignition interlock device permit if you have completed the following requirements.

You must submit an original certificate of completion of a DDS (Department of Driver Services) approved alcohol or drug use risk reduction program. Complete a clinical evaluation with a counselor licensed by the Department of Behavioral Health and Developmental Disabilities along with any treatment required by the counselor. Show proof of installation of an Ignition Interlock Device in your vehicle from a DDS approved vendor. Pay a $25 permit fee. If you cannot afford the cost to obtain an ignition interlock device in your vehicle, the court can exempt you from the requirements of the device, but you will still have to serve that additional twelve month suspension of your license. After serving the 120 day hard suspension and the additional twelve months with an ignition interlock device, you must still serve an additional two months without the interlock device for a total of eighteen months before you can reinstate your full license. For reinstatement you must pay the $210 reinstatement fee and show DDS proof that an ignition interlock device was maintained in your vehicle for twelve months or show an order from the court exempting you from the interlock device due to hardship.

A second-in-five DUI conviction will greatly impact your ability to drive. Therefore, it’s important to get out in front of a second DUI arrest by consulting with an attorney to discuss your options in fighting the case.

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

A Quick Guide to Probation Revocations

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Probation revocations in Georgia can be daunting for even your most seasoned criminal defense attorneys.  As I tell many of our clients when you are on probation it is like having one foot in the street and one foot in the jail.  Any little misstep can cause an over eager probation officer to file a petition to revoke your probation and place you in jail or prison. 

Two important aspects.

Two important aspects to mention when it comes to a probation revocation: first, the burden of proof on the state is much lower than in a criminal trial.  In a criminal trial the burden of proof is beyond a reasonable doubt – meaning any doubt that is reasonable requires a jury to acquit.  In probation revocation hearings the standard is preponderance of evidence.  Preponderance is a much lower standard.  Nonetheless, the government must prove you violated your probation.  Secondly, unlike a trial, the judge and not a jury sits as trier of fact.  This is important because instead of getting 12 reasonable minds to decide your case the judge himself or herself decides. 

Your options.

If your probation is being revoked because you were arrested for a new crime you actually have some options to avoid being revoked.  First, the State is obligated to prove you committed a new crime.  This means under Georgia law the probation officer must bring in competent evidence you actually committed a new crime.  Thus, if you have not been yet found guilty, the State must bring in actual live witnesses to the courtroom on the day your revocation is scheduled to testify to the new crime. 

If you have already been found guilty, the State is obligated to bring in certified copies of disposition showing you were found guilty.  In my experience, the best strategy is to put the new offense off as along as possible and to have the probation revocation after you go to trial on the new offense.  As discussed above, the standard of proof is different, but there is something to be said if you are exonerated on the new charges and those new charges are the basis of the Georgia probation revocation.

Call us today for your free consultation at 404-581-0999. We will hear the details of your case and provide you with expert legal advice. Don’t gamble on your freedom.

Has Georgia’s New Hemp Bill, House Bill 213, Caused Issues for Marijuana Prosecutions?

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The bill worrying Georgia police.

In 2018 President Trump signed the “Farm Bill” into law. The Farm Bill has a provision that allows states like Georgia to create their own rules, standards, and safeguards regarding the growth, production, processing, and handling of hemp based products. On May 10, 2019 Georgia Governor Brian Kemp signed House Bill 213 into law. House Bill 213 creates a standard for Georgians to grow and handle hemp. House Bill 213 also removes hemp from the list of schedule I controlled substances in Georgia.

Okay, hemp’s now legal. So what?

Hemp and marijuana are very similar plants. While they do have distinguishing characteristics, hemp contains a small amount of Tetrahydrocannabinol or THC. House Bill 213 provides that the hemp plant can have a concentration of up to .3% THC without violating the law. Most marijuana plants have somewhere between 3-5% THC.

The issue with taking hemp off the controlled substances list in Georgia is that even the most well-trained law enforcement officers can’t tell the difference between hemp and marijuana. Their test for determining whether a substance is marijuana is a simple reagent test where if there is any THC present in the substance, the test will return a positive. This causes issues in the enforcement of marijuana arrests because, as stated above, hemp contains some THC. So even if an officer stopped you and you had hemp in the vehicle, it would return a positive for marijuana.

If stopped with weed… be smart. Use your rights.

Georgia is currently looking for a solution that will test the percentage of THC in a substance, but until that test exists, we want to remind all readers that it is the law enforcement officers responsibility to find probable cause to arrest you. Don’t just give them your weed. Make them find it. Make them establish that is it actually marijuana and not another substance. Make them prove that the odor of marijuana and not the odor of hemp is what cause them to search your vehicle. It is not your responsibility to do an officers job for them. Make them prove it. While this new change in law may not guarantee your marijuana case is getting dismissed, it could have an impact in its resolution.

Our office is on the forefront of all the changes in drug laws in Georgia. We are here to help you. If you have any questions regarding your rights when it comes to drug offenses in Georgia, call us today for a free consultation at 404-581-0999. We are available 24 hours a day, 7 days a week.

DUI: Walk & Turn Test

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Both the Walk and Turn (W&T) and One Leg Stand (OLS) tests are considered, “divided attention” tests. In both tests, the officer is determining how well a subject can multitask (mentally focus on multiple tasks or ideas at once). We will see there are two stages: an instruction stage and a performance stage. For this article, we will discuss the W&T test.

Test Conditions

  Officers are trained that, whenever possible, the W& T test should be conducted on a reasonably dry, hard, level, non slippery surface. Also, there should be enough space for subjects to complete nine heel-to-toe steps.

The original SCRI studies suggested that individuals over 65 years of age or people with back, leg or inner ear problems had difficulty performing this test. Therefore, it is crucial that officers ask subjects questions relating to the existence of physical conditions or disabilities prior to administering the test.

Also, the SCRI studies suggest that individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes. This applies to subjects with any form of any unusual footwear (i.e., flip flops, platform shoes, etc.)

Test Procedures

First we have the instruction stage. For standardized performance of this test, officers are trained to have the subject assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:

  • “Place your left foot on the line” (real or imaginary 10-12 foot straight line). Officer demonstrates placement of left foot.
  • “Place your right foot on the line ahead of the left foot, with the heel of your right foot against the toe of the left foot.” Officer demonstrates placement of both feet.
  • “Place your arms down at your sides.”  Officer demonstrates placement of arms at sides.
  • “Maintain this position until I have completed the instructions.  Do not start to walk until told to do so.”
  • “Do you understand the instructions so far?” (Officer trained to ensure subject indicates understanding before continuing.)

Once locked in this position, the officer may start counting clues of impairment against you. There are two clues officers look for in the instruction stage: (1) subject is unable to maintain balance; and (2) subject starts test too soon.

  1. Cannot keep balance while listening to the instructions. Subject must balance heel-to-toe on the line, and at the same time, listen carefully to the instructions. Typically, the person who is impaired can do only one of these things. The subject may listen to the instructions, but not keep balance. This clue is recorded if the subject does not maintain the heel-to-toe position throughout the instructions. (Feet must actually break apart or step off the line.) This clue is not recorded if the subject sways or uses the arms to balance but maintains the heel-to-toe position.
  2. Starts too soon. The impaired person may maintain balance, but is unable to listen to the instructions. Since the officer specifically instructed the subject not to start walking “until I tell you to begin,” a clue is recorded if the subject does not wait. It is important to note that this clue can’t be recorded unless subject was told not to start walking until directed to do so. Each of these clues can only be counted once.

Next, the officer is trained to explain the test accompanied by further demonstrations:

  • “When I tell you to start, take nine heel-to-toe steps on the line, turn, and take nine heel-to-toe steps down the line.” Demonstrate a minimum of three heel-to-toe steps.
  • “When you turn, keep the front (lead) foot on the line, and turn by taking a series of small steps with the other foot, like this.” Demonstrate the turn and a minimum of three heel-to-toe return steps
  • “While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.”
  • “Once you start walking, don’t stop until you have completed the test.”
  • “Do you understand the instructions?” (Officer trained to ensure subject understands.)
  • “Begin the test.”

Now that the officer has explained and demonstrated the test, it is time for the performance stage where the officer will interpret clues.

Test Interpretation

There are six clues the officer looks for during the performance stage: (1) stops while walking; (2) does not touch heel-to-toe; (3) steps off the line; (4) uses arms to balance; (5) improper turn; and (6) incorrect number of steps.

  • Stops while walking. A clue is recorded if the subject stops while walking. Officers are trained not to record this clue if the subject is merely walking slowly. It is because of this clue that it is important for officers to inform the subject not to stop walking once the test begins.
  • Does not touch heel-to-toe. This clue is recorded if the subject leaves a space of more than one half inch between the heel and toe on any step.   
  • Steps off the line. A clue is recorded if the subject steps so that one foot is entirely off the line.
  • Uses arms to balance. This clue is recorded if the subject raises one or both arms more than 6 inches from the subject’s sides in order to maintain balance. This clue may be recorded simultaneously with other clues.
  • Improper turn. This clue is recorded if the subject removes their front foot from the line while turning. This clue is also recorded if the subject does not follow directions as instructed, i.e., spins or pivots around or loses balance while turning. Remember, the instruction is to take a “series of small steps.” To successfully complete the turn, the front foot should be used as a pivot while the other foot propels the subject through the turn in a series of small steps (imagine someone using their foot to push themselves on a skateboard but less dramatic). Officers are trained to demonstrate to subjects an improper turn.
  • Incorrect number of steps. A clue is recorded if the subject takes more or fewer than nine steps in either direction. Here it is the number of steps that the subject physically takes that matters here. Mistakes in the verbal count do not justify recording this clue.

As we saw there are a total of eight (8) possible clues, two in the instruction stage and six in the performance stage. Officers only need to observe two clues in order to reliably indicate impairment.

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Deposit Account Fraud

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What is deposit account fraud?

By far the most common consultation we do for any of the fraud related crimes is for Deposit Account Fraud. Deposit account fraud is when you (or more commonly someone who has asked you) present a check to the bank which you (or they) know is not going to be honored by the bank. Think of Deposit Account Fraud as something similar to those e-mail scams asking you to give them your account information for the promise of a large payout down the road. If it appears too good to be true, it probably is too good to be true.

What’s an example?

The most common example of deposit account fraud in Georgia we see is where someone comes up to you and asks you if you have an account at a specific bank and requests that you deposit this check for them and give them cash and they will let you keep the remaining balance for helping them out. This is almost always a scam. Check cashing places will cash valid checks for much less than twenty or thirty or whatever the percent is they are offering you for this process. This person knows the check will not be honored, but is trying to scam YOU and put all the risk on YOU when it comes to potential criminal activity.

What does the law say?

The Deposit Account Fraud statute says: A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. There are situations where even if you don’t know that it will not be honored by the bank that you can still be found guilty, like if you try to present the check to a bank where you don’t have an account or if you receive notice that check was not honored and you don’t pay the full amount of the check within thirty days.

How will I be prosecuted?

If the check or series of checks has a total value of under $1,500.00, your case will be prosecuted as a misdemeanor, but if the amount of the checks is $1,500.00 or more, your case will be prosecuted as a felony.

 

Our office deals with Deposit Account Fraud in Georgia cases on a daily basis. We are well-versed in the law and all applicable defenses to the charges. If you are being prosecuted or investigated for Deposit Account Fraud, please call our office today at 404-581-0999 for a free consultation.

by Ryan Walsh

 

 

Shoplifting Part 2

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Last week we talked about shoplifting.  How it’s more than just stealing merchandise from a store. How you don’t even have to leave a store with merchandise to be arrested for shoplifting. And self-checkout lines? Don’t get me started.

Today I want to talk about what to do and what to expect after you’ve been arrested for misdemeanor shoplifting.

What’s the Difference?

First, let’s talk about the difference between misdemeanor and felony shoplifting.  In Georgia, like most states, a misdemeanor is an offense punishable by law for up to 12 months of imprisonment in county jail and/or up to a $1000 fine. A felony is any offense punishable by law for 1 year or more in the state prison system, and can also include a fine in excess of $1000.

The felony versus misdemeanor distinction depends on the value of the property you’re alleged to have stolen. Under Georgia law, you can be prosecuted for misdemeanor shoplifting if the value of the property taken is $500 or less. If the value of the property you’re accused of taking is $500 or more, you may face felony prosecution.

What are my options?

In my practice I encounter many clients who do not have a criminal history and their arrest for shoplifting is the first time they’ve ever had a brush with the law. These clients are usually facing prosecution for misdemeanor shoplifting. For these clients, I advise that they have 3 options: enter a guilty plea, go to trial, or seek diversion.

Just like any other arrest, clients charged with misdemeanor shoplifting have the right to a trial. Most often, this right is secured by entering a plea of not guilty at arraignment (arraignment is a court date where the state formally apprises you of the charge, or charges, for which you are being prosecuted). A trial is just like what you see on TV- with the state presenting evidence to a jury who decides if you are guilty or not.

Infrequently, some clients exercise their right to enter a plea of guilty to shoplifting, which more than likely results in probation, community service, an anti-theft class, a fine, and restitution to the store for the value of the property stolen.

The third option is diversion. Diversion is usually only available for clients who do not have a criminal history and have never been arrested before. It is an alternative to prosecution that’s similar to probation. But unlike probation, a client does 1) have to go in front of a judge to enter a formal plea of guilty and 2) so long as the client satisfies the terms of diversion, they will avoid prosecution altogether.

If a client accepts a state’s diversion offer, they are required to complete certain terms (the terms often vary depending on the county of arrest). Most often, these include restitution, community service, and an anti-theft class. The benefit of diversion is that is has the same result as being found not guilty at trial. Another benefit is that it helps my clients resolve their cases quickly.

If you have been charged with shoplifting, or know someone who has, and are interested in finding out if diversion is an option contact our office today for a free consultation.

 

by Sarah Armstrong

Shoplifting in Georgia

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Everyone knows what shoplifting is, right? It’s when you take merchandise from a store, with the intention of keeping it, without paying for it. It’s one of the most common charges for which our clients seek representation. But rarely do these clients fit within the generic mold of shoplifting. Sometimes they don’t understand why they’ve been charged with shoplifting. Often they never even left the store with the item or items they’re alleged to have stolen.

That’s because Georgia’s shoplifting law contemplates more than just taking merchandise from a store without paying for it. Under O.C.G.A. § 16-8-14, you can be arrested for shoplifting merely by concealing merchandise while in a store.  That could be as simple as picking up a small item, like a tube of lipstick, and putting it in your pocket while you walk around a store. Another scenario I’ve seen, and one that was harder to defend, was a shopper apprehended for filling a small trashcan with makeup items and toting it in a buggy around the store.

You can also be arrested for shoplifting by altering or switching the price tags on merchandise, transferring merchandise from one container to another or wrongfully causing the amount paid to be less than the merchant’s stated price. In short, when it comes to shoplifting, any act interpreted by law enforcement as an act of deception against a store can serve as probable cause to arrest you.

As you may have noticed in your local Target or Wal-Mart, self-checkout lines have become increasingly common over the last few years. The more common-place they become, the more often I encounter clients arrested for shoplifting at self-checkout lines. Here’s a typical scenario:

  • Shopper approaches self-checkout line with buggy or hand-held basket full of numerous items
  • Shopper scans items and places them in the provided shopping bags
  • After scanning 3 or 4 items, shopper experiences a technical glitch with the self-checkout machine in which an item they thought was successfully scanned was in fact not scanned before the shopper places it in a provided shopping bag
  • Shopper completes the transaction by paying for items
  • Shopper gathers the shopping bags full of items they believe have been paid for and approaches the store exit
  • They are then apprehended at the exit for shoplifting due to the improperly scanned item or items

This could happen to anyone. My advice to you is if you decide to use a self-checkout line, take your time in scanning each item. Do not ignore any technical errors: call for the assistance of a store employee immediately. As I said earlier, any act interpreted by law enforcement as an act of deception is enough to be arrested for shoplifting.

I know we all use self-checkout to save time. But be sure to take your time when scanning items, otherwise you could find yourself facing prosecution for shoplifting. If you or someone you know has been charged with shoplifting contact our office today for a free consultation.

 

by Sarah Armstrong

Your Fitbit Might End Up Being the Star Witness Against You

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By Mary Agramonte

You have the right to remain silent. Anything you say may be used against you in a court of law. Knowing these two things, a good rule of thumb is to not say anything and to ask for a lawyer.

Even when you don’t talk, your own technology speaks volumes. Your Fitbit knows when you are awake and when you are asleep. Your cell phone sends data of your location any time you log in or send a message. Your Amazon Echo sits and waits to be called Alexa and then listens for a command, which is then recorded and stored along with the time and date. Your Facebook shows where you were when you last posted. Your silence is one thing, but your electronics can tell their own story.

Believe it or not: a murder case in Connecticut was just solved based on the victim’s Fitbit. A husband called 911 and told police a masked intruder had shot his wife. He gave a timeline of the incident of when she got home to when the intruder appeared and killed her. The police got a search warrant for the data on his wife’s Fitbit. The Fitbit showed she was awake and walking at a time the husband stated she had already been killed. It poked holes in his defense and after 18 months while the case was being investigated, the State has charged him with murder.

The Amazon Echo (Alexa) has also made its way into criminal cases. A man in Arkansas allegedly killed his friend after a night of drinking and watching football. Investigators sought to obtain the recordings from Alexa, and served a warrant to Amazon noting there was “reason to believe Amazon.com is in possession of records related to a homicide investigation being conducted by the Bentonville Police Department.” Investigators, not sure what they would find, wondered if the suspect possibly had asked Alexa something like how to clean up a crime scene. Amazon refused, but the defense lawyer filed a motion consenting to the data pull.
We know technology is here in part to make our lives easier. It’s also making it easier for police to solve crimes and see through suspects’ false statements. When your alibi is you couldn’t have committed the crime because you were somewhere else sleeping, the police may later learn from your Fitbit that you weren’t asleep at all.

Technology’s impact in the courtroom will continue to increase. As we become more dependent on technology, law enforcement will also turn to technology in solving crimes. If you have been arrested for a crime in the State of Georgia, hire an experienced criminal defense lawyer that is familiar with the challenges to privacy protections and search warrants as they relate to technology. Call us today for a free consultation at 404-581-0999.

Sources: “Cops use murdered woman’s Fitbit to charge her husband” http://www.cnn.com/2017/04/25/us/fitbit-womans-death-investigation-trnd/index.html
“Suspect OKs Amazon to hand over Echo recordings in murder case” http://www.cnn.com/2017/03/07/tech/amazon-echo-alexa-bentonville-arkansas-murder-case/index.html