Deposit Account Fraud

/in /by

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

/in /by

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

/in /by

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

/in , , , , /by

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

New Georgia Drivers License Suspension Rules after DUI Arrest

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

by Ryan Walsh

On July 1, 2017, the law changed in respect to administrative license suspensions after DUI arrests for drivers with a Georgia driver’s license under Georgia law.

In Georgia, an officer can petition the Department of Driver Services to suspend your driver’s license under the Georgia implied consent statute if the officer places you under arrest for Driving under the Influence (DUI), reads you the Georgia implied consent notice, and you either refuse to submit to the requested sample of your blood, breath, or urine, say nothing, or present a sample that is positive for alcohol at a level over .08, or shows the presence of drugs.

The officer must then issue to you a DS-1205 form stating the reason for the license suspension. This DS-1205 form acts in three ways. It is a notice of license suspension. It is a temporary driving permit. And it also informs you of your right to appeal this suspension of your driver’s license based on the Georgia implied consent law.

As of July 1, 2017, when you are arrested for DUI in Georgia and issued a DS-1205 form, that form now serves as a forty-five (45) day temporary driving permit. You have two options to proceed, and if you do nothing your Georgia driver’s license will be suspended at the end of 45 days.

Your first option is to use the old procedure to request a hearing. You have 30 days (not business days) to request a hearing regarding the suspension of your license by submitting a written request along with a money order for $150.00 to the Department of Driver Services. Requesting a hearing begins a process which is identical to the old method of Administrative License Suspension hearings with the same potential outcomes. We have writtentwo blogs outlining the old procedure which can be read here: http://www.peachstatelawyer.com/ds-1205-where-is-my-license-and-whats-this-piece-of-paper/ and http://www.peachstatelawyer.com/ds-1205-als-this-sheet-of-paper-is-nice-but-i-want-my-license-back-man/

Your second option is to forego asking for a hearing regarding the license suspension. Instead, you can apply for an ignition interlock device limited permit through the Department of Driver Services. To apply for a permit you must go to the Department of Driver Services and do the following things within thirty (30) days of receiving the DS-1205 form: (1) Install and maintain an ignition interlock device with a vendor of your own choosing for the twelve month period of your ignition interlock device limited permit. Once the Ignition Interlock Device is installed you can go to a Georgia DDS location and pay a $25.00 ignition interlock device limited permit fee, surrender your Georgia driver’s license, and execute an affidavit stating you waive your right to a hearing under the Georgia implied consent law to obtain an ignition interlock device limited permit.

Your permit will be revoked if you are convicted of a moving violation under the laws of the State of Georgia, if you have been found to have violated the terms of the limited driving permit, or you have been found to have tampered with the ignition interlock device.

You can only drive on your ignition interlock device permit for the following reasons: (1) to and from work along with performing the normal duties of your job, (2) receiving medical care or obtaining prescriptions, (3) attending school, (4) attending treatment, (5) attending court ordered driver education, (6) attending court, (7) attending community service, (8) taking a family member to work, school, or a medical appointment, (9) court ordered activities, and (10) visiting the ignition interlock provider monthly.

At the time you apply for your Ignition Interlock permit you waive your right to a hearing challenging the administrative license suspension. You must be over 21 and have a Georgia driver’s license to apply for an ignition interlock device permit. You will not be given a permit if you have a DUI conviction on your record with an arrest date within the past five years. Applying for an interlock permit will remove your CDL status if you have a commercial driver’s license.

If you choose to go the Ignition Interlock Device Permit route, you must have the ignition interlock device installed within ten days of receiving the permit. The device must be installed for a minimum of 120 days. You cannot drive any vehicle that does not have an ignition interlock device installed on it. If your case is resolved with a disposition that is not DUI while you have an ignition interlock device permit, you must remain on the permit for the entire twelve months unless you gave an implied consent sample on a DUI alcohol case. Refusal cases must continue on the permit for the entire twelve months, even if their case is dismissed or reduced.

Time spent on an ignition interlock device permit is credited towards any driver’s license suspension for a DUI conviction. You must pay a $100 reinstatement fee at the expiration of your ignition interlock device permit to reinstate your full driving privileges.

These rules are a significant departure from the longstanding procedures regarding Georgia driver’s licenses after DUI arrests. Call us today at 404-581-0999 if you have any questions about your drivers license.

VIDEO – Murder Defenses in Georgia

/in /by

by W. Scott Smith and Ryan Walsh

You’re watching this today because you or your loved one has been arrested for murder. That’s a tough word, murder, the most serious crime you can be charged with in our justice system. A charge that carries with it a life sentence, or possibly worse.

But remember, an arrest is not a conviction. The key to defending someone arrested with murder is to find representation quickly. Finding an attorney to handle your case as soon as possible could be the difference between an acquittal and conviction.

There are only four possible defenses to a murder case. (1)You weren’t there and you have an alibi as to where you were when it happened. (2)You were there, but someone else did it and you didn’t participate. (3)You did it, but you did it in defense of yourself, in defense of others, or in defense of your property. (4)And finally, you did it, and the person needed to be killed. That’s it. Those are the four defenses.

An attorney who is hired as soon as possible after arrest can begin their investigation into the case to find the defense that fits the facts of the case.

An attorney can ask the right questions to prevent evidence that may be lost over time due to lapses in memory,  the loss of witnesses, or destruction of evidence.

Attacking the case early is the key to getting these serious charges dismissed, reduced to less serious charges like voluntary and involuntary manslaughter, or getting a not guilty verdict after trial.

Our office of experienced criminal defense attorneys with murder experience will make visits to jails all over Georgia in representation of our clients. It is important to not discuss the case with anyone in custody over the phone as the jail records those calls and will use them against you at trial.

Call us today for a free consultation. We’re available twenty four hours a day, seven days a week. We’re here to help you in your time of need. Thank you.

 

VIDEO – Everything You Need to Know about Your Georgia Criminal History Record

/in /by

Do you have a Georgia criminal history? Do you know what it looks like? What will your prospective employer or landlord see if they run it? Georgia criminal history records are the topic of today’s Peach State Lawyer video blog.

Hello, I’m Scott Smith and today we’re talking about your Georgia criminal history record, and why it is important for you to know what the information your Georgia criminal history record contains.

Your criminal history is a specific document tied to your name, date of birth, and social security number. It contains arrest and final disposition information, including whether you’ve ever been incarcerated in a Georgia jail or prison.

Arrest data includes the arresting agency, date of arrest, and charges. Disposition information relates to the final resolution of the charges through the court process, whether it be through a dismissal, reduced charges, guilty pleas, or result after trial.

Your criminal history is maintained by the Georgia Bureau of Investigation through their Crime Information Center.

Your criminal history is reported in cycles, with each cycle representing a separate incident. A cycle is created when you are fingerprinted, typically following an arrest and being booked into jail. Some minor offenses such as city or county ordinances or minor misdemeanor offenses may not result in you being arrested and fingerprinted, and will not be shown on your criminal history.

Georgia Law allows anyone access to any felony conviction on your criminal history that has not been removed after successful completion of any conditional discharge or first offender program. For anyone, including a prospective employer or landlord to have access to your complete criminal history, they must have your consent through a signed authorization form.

If you have a charge that has been record restricted or expunged, that cycle should not appear on your Georgia Criminal History Record when requested by anyone besides a government agency.

Georgia Criminal History Records can be requested at Sheriff’s Offices and Police Stations throughout the state for Twenty dollars. To request a full copy of your Georgia Criminal History, you will need a driver’s license or photo ID, your social security number, and date of birth.

If you look at your criminal history record and see something you believe should have been restricted or expunged, call our office at 404-581-0999 to discuss potential restriction or expungement options. Our team of experienced Georgia criminal defense attorneys can assist you in determining whether the charge can be restricted or expunged during a free consultation. Thank you.

VIDEO – Make Sure You Are Prepared to Attend Court in Georgia

/in , , , , , /by

What should I wear to court, how should I act when  I’m there, what if I am super nervous about attending court? You must be prepared to attend court. These are topics we will be discussing in today’s Peach State Lawyer video blog.

Hey there, I’m Scott Smith from the Peach State Lawyer law firm talking to you today about preparations you should make in attending court in Georgia, whether it be the city of Atlanta or Superior Court of Cobb County, there are certain things you need to know to be prepared to attend court in Georgia.

First, be on time. Regardless of whether or not you have an attorney who is representing you or you are representing yourself, if you’re told to be in court, you need to be on time. That means be in the courtroom five to ten minutes earlier than the time stated on your court notice. As we all know traffic in and around Atlanta can be awful, I strongly recommend you become familiar with the traffic patterns from your home to the courthouse, parking at the courthouse, and the courtroom number you are going to. If you are super anxious about attending court ask your lawyer to meet you at the courthouse a day or a week in advance to introduce you to the courthouse and the courtroom.

One suggestion I have for our clients is to add a reminder in their phone that includes the judges name they are assigned, the case number, and courthouse information. That information is easily accessible when it is on your telephone which you will bring with you to the courthouse. If you are running late, call or text your lawyer to let them know your expected time of arrival.

If you don’t make it to court on time you could be subject to a bench warrant, fines, or even a Georgia driver’s license suspension. It might also have an impact on your pre-trial negotiations with the government’s prosecutors.

Next, dress appropriately. Certain courthouses have specific dress codes you must follow. But here’s a great go by.

Gentlemen, no shorts, no sandals, no tanktops, no ballcaps. Our office recommends you dress conservatively and professionally. We recommend wearing khaki pants and tucked in, collared shirt every time you appear in court.  It is not necessary to wear a suit or a jacket and a tie. We feel sometimes that is overkill. But it is important to show the court you are taking the matter pending against you very seriously.

Women, no open toed shoes. No exposed shoulders. No shorts. Again, we recommend dressing conservatively and professionally.

Next, turn off all phones and electronic devices while you’re in court. If a device goes off in court, it will most likely be taken and you may be subject to a fine or other penalty for contempt of court.

Pay attention to the bailiff and court staff. Most courtrooms will actually instruct you on courtroom procedures and decorum prior to the start of court. They will tell you if you are allowed to leave the courtroom to make phone calls or use the restroom without court permission.

Lastly, always stand when you hear the court or court clerk call your name.  In our experience 90 % of courtrooms expect you to stand to show you are present.

Following these guidelines will ensure you are prepared to attend court and your day in court runs smoothly.

If you’re facing an upcoming court date and want to ask questions about the nature of the charge you are facing or courtroom procedures call us today and schedule a free consultation. We’re available 24 hours a day, 7 days a week. 404-581-0999. Thank you so much.

VIDEO – Atlanta, Georgia Theft by Shoplifting Charges – Dunwoody, Alpharetta, Kennesaw

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

I’ve received theft by shoplifting charges in Georgia, but my court notice says Dunwoody Municipal Court, what’s happening here?

Hello, I’m attorney Scott Smith and I’m here today to talk with you about shoplifting charges. We see a lot of theft by shoplifting arrests in metro Atlanta due to the number of shopping malls in the area. Lenox Mall, Phipps, Atlantic Station, Perimeter Mall, North Point Mall, Town Center, and all the other malls in the Atlanta area.

We also see a lot of shoplifting charges coming from stores like Walmart, Marshall’s, and TJ Maxx.

Many of these cases will originate in municipal courts like Atlanta, Dunwoody, Alpharetta, and Kennesaw.

A theft by shoplifting charge in Georgia can be accused as a misdemeanor or a felony depending on: the amount alleged to have been taken, the number of shoplifting convictions showing on your criminal history, and whether there was a pattern of recent shoplifting activity.

Shoplifting cases generally have two components. The first part is the criminal case. But often folks arrested for theft by shoplifting will receive a letter in the mail from law firms or collection agencies on behalf of the store asking for a payment for a civil penalty. We urge anyone watching this to consult with a Georgia attorney before making any payment to a law firm or collection agency due to this shoplifting charge. It could have an impact on your case.

It is important to state people who shoplift are not bad people. Generally the case comes down to one of three things. The person charged is sometimes depressed. It was an honest mistake such as an accidental concealment or not actually taking the item. Or finally the person thought they needed the item to survive or they were taking it for thrills. Ninety percent of the people we represent fall within the first two categories, depression or an honest mistake.

There are many was to resolve your theft by shoplifting charges in Georgia. Our office of experienced Georgia shoplifting attorneys can evaluate your case and tell you about potential defenses and outcomes. Let us help you today. Call our office at 404-581-0999. Thank you.

Driving While License is Suspended or Revoked – Violating Official Code of Georgia 40-5-121

/in /by

by Mary Agramonte

It happens every day in courthouses around Georgia. You forget about a court date and next thing you know you are being arrested for driving with a suspended license. Or, you may know that your license is already suspended, but you drive carefully in an effort to avoid being pulled over and discovered by the police and are ultimately arrested for a minor traffic violation due to the license suspension. The State of Georgia has enacted a statute O.C.G.A. 40-5-121 – Driving While License Suspended/Revoked to address this problem. The State of Georgia takes this crime very seriously, and has enacted mandatory minimums if you are convicted. Unfortunately, if convicted, Driving while your license is suspended or revoked carries severe consequences to your freedom, your driver’s license, and your wallet.

There are several reasons your license may have been suspended in the first place. Certain crimes result in mandatory suspension. If it is your first conviction of the following, your license will be suspended for at least 120 days. In many of these cases, pleading nolo contendere (also known as “nolo”), will not stop your license suspension.

Mary Agramonte is an attorney with W. Scott Smith P.C.

Mary Agramonte is an attorney with W. Scott Smith P.C.

• Suspended registration
• Fraudulent use of an ID / Felony Forgery related to an ID
• Any felony in which a vehicle was used
• Racing
• Hit and Run
• Vehicular Homicide
• Using a vehicle in fleeing or Eluding an Officer in a vehicle

Your license will also be suspended in the following scenarios:
• Refusing a chemical test in a DUI
• DUI Alcohol or Drugs conviction
• Driving on a Suspended license
• Failure to pay Super Speeder fine
• Failure to Appear in Court or Pay a Traffic Ticket
• No insurance
• Accumulating 15 points in a 2 year period


The Penalties of a Driving with a Suspended License

Unfortunately, there are MANDATORY MINIMUMS associated with this crime. If you end up with a conviction, the penalty will be the same no matter what. That is why it is imperative to hire a lawyer to fight your case and protect your freedom, your driver’s license, and your criminal record.

If this is your first time being arrested and convicted for Driving while License is Suspended, you will be fingerprinted and sentenced to at least two days in jail. The base fine will be at minimum $500.00, and with surcharges, you can expect to pay almost double that. Your license will go into suspension an additional six months, with no limited driving permit available, and you will have to pay high fines to have it reinstated.

For the second and third convictions in a five year period, you will be sentenced to at least ten days and up to 12 months in jail. The base fine will be at least $1,000, with the same surcharges making the fine much, much higher in reality. This is also considered a high and aggravated misdemeanor. Your license will go into suspension another six months, with high fees to have it reinstated.

If you are arrested and convicted a fourth time within five years, you will be guilty of a felony and sent to prison for one year at the very least. The base fine will be $2,500, plus the hidden fines.

If you have been arrested for driving with a suspended license, act quickly and give us a call. We will give you a FREE CONSULTATION on how we can help you fight your case. Our law firm has handled hundreds of cases involving driving with a suspended license all over the metro Atlanta area, so give us a call at 404-581-0999.