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How do I get out of Clayton County Jail?

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I’ve Been Arrested…

You are in handcuffs and headed to the Clayton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. The Clayton County jail is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Clayton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Clayton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at the Clayton County jail are being recorded. Just focus on getting someone to help get you out of jail.

You will need to get paperwork filed with the DA’s office, on a serious felony, for them to pull the file and consider a consent bond.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning.

Your loved ones should plan on going to the Clayton County jail about 30 minutes before court starts. The jail is located at 9157 Tara Blvd, Jonesboro, Georgia 30236.

Can I get a bond?

The Clayton County Magistrate Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a  Clayton Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Clayton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Clayton County Superior Court judge, you will get a court date that will be in the Clayton County Courthouse. The Clayton County Courthouse is located at 9151 Tara Blvd, Jonesboro, Georgia 30236.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Clayton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Clayton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Clayton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Clayton County is to post a property bond. In order to post a property bond, you would need to speak to the Clayton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Clayton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Clayton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

 

Serious Violent Felonies under Georgia Law

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Georgia law provides for the most serious violent offenses known as the “Seven Deadly Sins.” These are the most heinous crimes in our society and, as such, have specialized punishment including mandatory minimum punishment and limited eligibility for parole. This article will list the serious violent felonies as proscribed by law and detail the punishment surrounding them.

Seven Deadly Sins

O.C.G.A. § 17-10-6.1(a) lists the “Serious Violent Felonies” in Georgia criminal law:

  • Murder, Felony Murder
  • Armed Robbery
  • Kidnapping
  • Rape
  • Aggravated Child Molestation
  • Aggravated Sodomy
  • Aggravated Sexual Battery

If convicted of any of these offenses, the sentencing court is required to impose no less than the statutory minimum sentences of imprisonment. O.C.G.A. § 17-10-6.1(b).

Mandatory Minimum Sentences of Imprisonment

10 years imprisonment

  • Armed Robbery
  • Kidnapping (victim 14 years or older)

25 years (followed by probation for life)

  • Kidnapping (victim under 14)
  • Rape
  • Aggravated Child Molestation
  • Aggravated Sodomy
  • Aggravated Sexual Battery

Life

  • Murder, Felony Murder

 

Eligible for Parole?

  • Defendants sentenced to 10 years confinement must serve all 10 years and is not eligible for parole
  • Defendants sentenced to 25 years confinement must serve all 25 years without possibility of parole
  • Defendants sentenced to Life is parole eligible after 30 years
  • Defendants sentenced to death whose sentences is commuted to life is parole eligible after 30 years
  • Defendants sentenced to life without parole will never receive parole

O.C.G.A. § 17-10-6.1(c)(1) – (4).

First Offender Treatment is not available to any of the Serious Violent Felonies.

Contact Us

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

 

 

 

 

Armed Robbery Charges in DeKalb County Georgia

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Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. This blog lays out the criminal justice process for someone who has been arrested for Armed Robbery in DeKalb County.

 

The first thing that happens after someone is arrested for Armed Robbery in DeKalb County is that they will see judge in their First Appearance hearing. This typically occurs within 48-72 hours of the person being arrested, depending on whether or not there was an arrest warrant. The First Appearance occurs at the DeKalb County Jail at 4424 Memorial Drive in Decatur. At the First Appearance hearing, a DeKalb County Magistrate Judge will read the charges to the suspect, as well as inform them of their right to counsel and right to remain silent. In some types of cases, bond can be considered at a First Appearances hearing. However, in Armed Robbery cases, the procedure is different. This is because only Superior Court Judges can hear bond arguments for the crime of Armed Robbery. This means unless the First Appearance Judge is “sitting in designation” then a bond will not be set or considered at the onset of arrest at the initial hearing.

 

Following the arrest and First Appearance hearing in Armed Robbery case in DeKalb County, an attorney will need to file a request for a Probable Cause and Bond hearing. This hearing will determine whether or not there is enough evidence to even prosecute you for Armed Robbery. If there is not, the charges can get thrown out at this stage. If the Judge does find probable cause that an Armed Robbery had occurred and you were the person who did it, or was a party to it, then the Judge “binds the case over to Superior Court” since that is the court with jurisdiction to proceed over the case. Once in the DeKalb County Superior Court, the Judge can consider whether or not to release the person on bond.

 

The court may release a person on bond if the court finds that the person:

 

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

 

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

 

(3) Poses no significant risk of committing any felony pending trial; and

 

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

 

These are known as the Ayala factors in Georgia based after the case that laid out our standards in bond determination. Ayala v. State, 262 Ga. 704 (1993).

If a bond is granted, there may be certain conditions attached. For example, the Judge may order you to have a curfew, or stay away from the alleged victim in this case.

 

The Armed Robbery case will then proceed with an Indictment, and later an Arraignment court date where a Not Guilty plea is entered and Motions are filed. Throughout the case, your defense attorney will engage in Plea Negotiations with prosecutors from the DeKalb County District Attorney Office. During this process, the defense attorney will do intensive investigation to the facts and defenses of the case and represent client’s interests zealously.

 

There are several defenses to Armed Robbery cases in DeKalb County and throughout the State. First, if you were only present at the time it occurred, and you did not share the same criminal mentality of the co-defendants, then you cannot be guilty of Armed Robbery.  Simply being there when an armed robbery occurs is not a crime. The State still has to prove criminal intent beyond a reasonable doubt.

 

You can be charged with Armed Robbery as being a Party to a crime law in Georgia means that you can be convicted and sentenced as if you directly committed the crime- even if you did not directly commit the crime.  You can be charged with Party to a Crime to Armed Robbery if you:

  1. Commit the crime
  2. Intentionally aid or abet in the commission of the crime;
  3. Intentionally advises, encourages, or counsels another to commit the crime.

 

This means you can be charged, convicted, and sentenced to Armed Robbery in DeKalb County if the State proves you encouraged the person to commit the crime, or if you provided them with the weapon, whether it be fake or not. All of this must be proven beyond a reasonable doubt, a very high standard in our Justice system.

 

Sentencing in Armed Robbery

 

As previously discussed, the stakes are high in Armed Robbery given a life or death sentence is allowed in Georgia law. Additionally, it has a mandatory minimum sentence of 10-20 years in prison. This is why it is imperative to move quickly in obtaining an Armed Robbery attorney early on to establish defenses and thoroughly investigate the case. The lawyers of W. Scott Smith are available 24/7 to answer you questions via a FREE CONSULTATION on Armed Robbery charges in DeKalb County and throughout the State. 404-581-0999

Armed Robbery Charges in Clayton County Georgia

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Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. This blog lays out the criminal justice process for someone who has been arrested for Armed Robbery in Clayton County.

 

The first thing that happens after someone is arrested for Armed Robbery in Clayton County is that they will see judge in their First Appearance hearing. This typically occurs within 48-72 hours of the person being arrested, depending on whether or not there was an arrest warrant, and it occurs at the Clayton County Jail at 9157 Tara Blvd in Jonesboro. At the First Appearance hearing, a Clayton County Magistrate Judge will read the charges to the suspect, as well as inform them of their right to counsel and right to remain silent. In some types of cases, bond can be considered at a First Appearances hearing. However, in Armed Robbery cases, the procedure is different. This is because only Superior Court Judges can hear bond arguments for the crime of Armed Robbery. This means unless the First Appearance Judge is “sitting in designation” then a bond will not be set or considered at the onset of arrest at the initial hearing.

 

Following the arrest and First Appearance hearing in Armed Robbery case in Clayton County, an attorney will need to file a request for a Probable Cause and Bond hearing. This hearing will determine whether or not there is enough evidence to even prosecute you for Armed Robbery. If there is not, the charges can get thrown out at this stage. If the Judge does find probable cause that an Armed Robbery had occurred and you were the person who did it, or was a party to it, then the Judge “binds the case over to Superior Court” since that is the court with jurisdiction to proceed over the case. Once in the Clayton County Superior Court, the Judge can consider whether or not to release the person on bond.

 

The court may release a person on bond if the court finds that the person:

 

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

 

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

 

(3) Poses no significant risk of committing any felony pending trial; and

 

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

 

These are known as the Ayala factors in Georgia based after the case that laid out our standards in bond determination. Ayala v. State, 262 Ga. 704 (1993).

If a bond is granted, there may be certain conditions attached. For example, the Judge may order you to have a curfew, or stay away from the alleged victim in this case.

 

The Armed Robbery case will then proceed with an Indictment, and later an Arraignment court date where a Not Guilty plea is entered and Motions are filed on. Throughout the case, your defense attorney will engage in Plea Negotiations with prosecutors from the Clayton County District Attorney Office. During this process, the defense attorney will do intensive investigation to the facts and defenses of the case and represent client’s interests zealously.

 

There are several defenses to Armed Robbery cases in Clayton County and throughout the State. First, if you were only present at the time it occurred, and you did not share the same criminal mentality of the co-defendants, then you cannot be guilty of Armed Robbery.  Simply being there when an armed robbery occurs is not a crime. The State still has to prove criminal intent beyond a reasonable doubt.

 

You can be charged with Armed Robbery as being a Party to a crime law in Georgia means that you can be convicted and sentenced as if you directly committed the crime- even if you did not directly commit the crime.  You can be charged with Party to a Crime to Armed Robbery if you:

  1. Commit the crime
  2. Intentionally aid or abet in the commission of the crime;
  3. Intentionally advises, encourages, or counsels another to commit the crime.

 

This means you can be charged, convicted, and sentenced to Armed Robbery in Clayton County if the State proves you encouraged the person to commit the crime, or if you provided them with the weapon, whether it be fake or not. All of this must be proven beyond a reasonable doubt, a very high standard in our Justice system.

 

Sentencing in Armed Robbery

 

As previously discussed, the stakes are high in Armed Robbery given a life or death sentence is allowed in Georgia law. Additionally, it has a mandatory minimum sentence of 10-20 years in prison. This is why it is imperative to move quickly in obtaining an Armed Robbery attorney early on to establish defenses and thoroughly investigate the case. The lawyers of W. Scott Smith are available 24/7 to answer you questions via a FREE CONSULTATION on Armed Robbery charges in Clayton County and throughout the State. 404-581-0999

 

Georgia Criminal Lawyer – Violent Crime Arrest – Coweta County

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If you are charged with a violent crime in Coweta County, then you have come to the right place.  We have defended hundreds of violent charges ranging from simple battery to murder.  Coweta County has no shortage of these cases, and we are often called to assist in defending these violent crime allegations.

 

The first step is to determine your charges which are usually stacked meaning that you can have 3 or more charges for one just one punch, kick or push.  The extent of the injury will largely dictate what you are charged with, but the alleged victim’s status can also play a role.  The alleged victim’s age, occupation, relationship to you, and the location of the incident all factor into the potential charge and corresponding penalties.

 

Regardless of your exact charge, we stand ready to assist in defending your case in Coweta County.  If the alleged victim made a false allegation, then we look to the discredit the charge by presenting alibi evidence or witnesses who were present at the time of the alleged attack.  If there are no other witnesses, then it is just his or her word versus your word.  In those situations, we work to build up your character through your contacts in the community.  Simultaneously, we work to find discredit the alleged victim.  The reality of police work is that the person who makes the initial outcry (aka the 911 call) is usually the one who gets the labeled the victim while the other party gets hauled off to jail.  Of course, the officer is trained to look for injuries, but a savvy victim can injure himself or herself prior to the officer’s arrival just to add credibility to his or her story so injuries do not automatically equal guilt.

 

If you are not denying the violence, but instead seek to argue self-defense, then we argue that your actions were justified.  Georgia is a “Stand Your Ground” state that does not require you to retreat and allows you to defend yourself, your property, or even other people from what you believe to be an imminent threat of harm.  The amount of force used in those situations depends on the amount of force threatened by the other person.  These decisions are often made in the blink of an eye, and sometimes what you believed to be a threat turns out to be a cellphone instead of a gun.  Luckily, a reasonable mistake is still protected under the law.  How do you prove your actions were reasonable?  That requires the assistance of a skilled criminal defense attorney.

 

If you are charged with a crime of violence in Coweta County, call our office today at 404-581-0999 for your free consultation.

 

 

SB-440

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Being Charged as an Adult in Georgia

Part 1: SB-440: Automatic Transfers to Superior Court

 In 1994, Georgia enacted State Bill 440 (more commonly referred to as SB-440) to “provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court. This SB-440 law granted adult courts exclusive jurisdiction over criminal cases involving juveniles (ages 13-17) who are charged with one or more of the following “Seven Deadly Sins”:

  1. Murder
  2. Armed Robbery with Firearm
  3. Rape
  4. Voluntary Manslaughter
  5. Aggravated Sexual Battery
  6. Aggravated Sodomy
  7. Aggravated Child Molestation

 

O.C.G.A. 15-11-560(b)

In essence, juveniles (age 13-17) charged with one of the above-mentioned crimes in Georgia will automatically have his or her case  transferred from juvenile court to superior court, where he or she will be charged, tried, and punished as an adult. If convicted and sentenced to prison, the juvenile will not be sent to a Youth Detention Facility through Georgia’s Department of Juvenile Justice. Instead, the juvenile will be housed with other juvenile inmates in the custody of Georgia’s Department of Corrections until he or she reaches the age of 17 and is thrown into the general prison population.

Occasionally, at the discretion of the prosecutor, a SB-440 case may be transferred back to juvenile court after “after investigation and for cause” if the case has not been indicted yet. By contrast, after indictment, a SB-440 case can only be transferred to juvenile court for “extraordinary cause.” O.C.G.A 15-11-560(d), O.C.G.A. 15-11-560(e). Therefore, time is of the essence when it comes to advocating for the case to be transferred back to juvenile court.

If you know someone charged as an adult with an SB-440 crime, PLEASE contact us at the Law Offices of W. Scott Smith. We would be happy to help you with your case and answer any and all of your questions about juveniles charged as adults.