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The Crucial Role of Hiring a Lawyer If You’ve Been Arrested in Atlanta

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Facing arrest can be a harrowing experience, particularly in a bustling city like Atlanta, where legal procedures can be complex and consequences severe. In such situations, hiring a criminal defense lawyer is not just advisable; it’s imperative. Here’s why:

 

  1. **Legal Expertise**: Attorneys specializing in criminal defense possess extensive knowledge of the law, including local ordinances and courtroom procedures specific to Atlanta. They understand the nuances of the legal system, enabling them to build a robust defense strategy tailored to your case.

 

  1. **Protection of Rights**: When arrested, individuals are entitled to certain rights, such as the right to remain silent and the right to legal representation. A skilled lawyer ensures that your rights are upheld throughout the legal process, safeguarding you from potential abuses of power or procedural errors.

 

  1. **Strategic Counsel**: Lawyers analyze the details of your case, identifying strengths, weaknesses, and potential legal options. They provide strategic counsel on how to navigate the complexities of the legal system, including whether to plead guilty, negotiate a plea bargain, or proceed to trial.

 

  1. **Mitigation of Penalties**: In the event of conviction, attorneys work tirelessly to mitigate penalties and minimize the long-term consequences of criminal charges. This may involve negotiating reduced charges, advocating for alternative sentencing options, or pursuing avenues for rehabilitation and community service.

 

  1. **Evidence Examination**: Lawyers have the expertise to scrutinize evidence presented by the prosecution, identifying inconsistencies, inaccuracies, or violations of due process. They may uncover mitigating factors or exculpatory evidence that could strengthen your defense or lead to the dismissal of charges.

 

  1. **Emotional Support**: Being arrested can be emotionally taxing, causing stress, anxiety, and uncertainty about the future. A compassionate lawyer not only provides legal guidance but also offers emotional support, reassuring you and your loved ones during this challenging time.

 

  1. **Familiarity with Court System**: Local attorneys in Atlanta have established relationships with judges, prosecutors, and court personnel. This familiarity with the local court system can be advantageous, as it facilitates smoother communication, negotiation, and advocacy on behalf of their clients.

 

  1. **Preservation of Reputation**: A criminal record can have far-reaching implications, affecting employment opportunities, housing options, and personal relationships. By vigorously defending your case, lawyers strive to protect your reputation and minimize the stigma associated with criminal charges.

 

  1. **Cost-Effective in the Long Run**: While hiring a lawyer may incur upfront costs, the investment can save you money in the long run. Skilled legal representation increases the likelihood of a favorable outcome, potentially avoiding costly fines, lengthy imprisonment, or other financial repercussions associated with criminal convictions.

 

  1. **Peace of Mind**: Ultimately, hiring a lawyer provides peace of mind knowing that you have a knowledgeable advocate fighting for your rights and best interests. Whether navigating pre-trial negotiations, challenging evidence in court, or representing you at trial, a competent attorney can significantly impact the outcome of your case.

 

In conclusion, if you find yourself facing arrest in Atlanta, don’t underestimate the importance of hiring a qualified lawyer.  I have over 24 years of criminal experience. In our firm we have over 100 years of legal experience.  From protecting your rights to providing strategic counsel and emotional support, legal representation is indispensable in navigating the complexities of the criminal justice system and securing a brighter future.

 

Call our office for a free consultation today.

Marijuana Offenses in Georgia

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There are several ways the State can charge you with marijuana offenses in Georgia:

  • Possession of Less Than an Ounce– If you are arrested with less than an ounce of marijuana, you will be charged with a misdemeanor. The penalty includes up to a $1,000 fine and up to 12 months in jail.
  • Possession of More Than an Ounce– If you are arrested with more than an ounce of marijuana, you will be charged with a felony. The penalty is 1-10 years and a fine.
  • Possession With Intent to Distribute– If you are arrested with marijuana and the State can prove that you intended to distribute the marijuana, they can charge you with possession with intent to distribute. The intent part of the charge requires proof by the State, but they can prove you intended to distribute the marijuana by bringing in witnesses to testify or with other evidence such as scales or packaging material. If you are found guilty of possession with intent to distribute, the first offense carries a possible prison sentence of 1-10 years. A second or subsequent offense carries a mandatory 10 years in prison and up to 40 years.
  • Trafficking Marijuana– If you are arrested with more than 10 pounds of marijuana, you will be charged with trafficking marijuana. The State only has to prove that you knowingly possessed the marijuana, not that you knew the weight of the marijuana. If the weight of the drug is 10-2,000 pounds, the penalty is 5 years in prison and a $100,000 fine. If the weight of the drug is 2,000-10,000 pounds, the penalty is 7 years in prison and a $250,000 fine. If the weight is more than 10,000 pounds, the penalty is 15 years in prison and a $1 million fine.

If you are charged with a marijuana offense, it is important to hire an experienced attorney to help defend you. First, it is important that the search that resulted in the drugs being found did not violate your constitutional rights. Next, the lawyers at W. Scott Smith will explore your possible defenses, such as lack of intent or lack of knowledge. The lawyers at W. Scott Smith have years of experience defending marijuana offenses. If you are charged in Fulton, Gwinnett, Cobb, Clayton, Dekalb, Cherokee, Fayette, or Barrow County, call our office at 404-581-0999 for a free consultation.

City of Atlanta Municipal Court Practices and Procedure

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by Ryan Walsh

We get questions every day about how the Atlanta Municipal Court operates on a day to day basis. The Atlanta Municipal Court is the busiest courthouse in the southeast, and it is easy to get overwhelmed in the process. It is located at 150 Garnett Street, Atlanta, GA 30303 on the corner of Pryor Street and Garnett Street in downtown Atlanta. The courthouse is open from 7am – 5pm Monday through Friday (excluding city holidays).

The most important thing you can do to prepare for court at the Atlanta Municipal Court is to verify your court date and time. You can do this in three ways.

Two of those methods are done through online searches:

  • Go to Find My Court Case at the Atlanta Municipal Court’s website and put in your full name or citation number: http://court.atlantaga.gov/mycase/
  • You can search daily dockets for the current month of cases through the Atlanta Courtview system: http://courtview.atlantaga.gov/courtcalendars/default.aspx?Calendar=D Click on the date of your scheduled appearance and scroll through the court dates until you find your name. It should also tell you the time of your appearance and courtroom you are assigned.
  • Finally, you can call the Atlanta Municipal Court clerk’s office at 404-954-7914.

There are 10 Judges assigned to courtrooms in the Atlanta Municipal Court. Those Judges assigned by courtroom are:

3A – Judge Ward, 3B – Judge Gaines , 5A – Judge Portis, 5B – Judge Butler, 5C – Judge Sloan, 5D – Judge Dupre, 6A – Judge Bey, 6B – Judge Gundy, 6C – Judge Graves, and 6D – Judge Jackson

Judge Ward currently handles clients who have previously failed to appear in court. Judge Sloan only handles clients who are charged with Driving under the Influence (DUI). Judge Portis only handles code violations, which are generally residential, business, and noise ordinances. The other Judges handle a combination of state law offenses (traffic and some misdemeanors) and city ordinances.

Court is held at four times each day. Court times are 8:00am, 10:00am, 1:00pm, and 3:00pm. Depending which Judge you are assigned to will determine the time you need to appear in court each day.

Some charges in the City of Atlanta are eligible for the Pre-Trial Intervention program. Completion of the Pre-Trial Intervention program assures your case will be dismissed and your record will be restricted. Our office of experienced attorneys can guide you through the Pre-Trial Intervention program and determine whether we believe your charges will be eligible.

Clients often come to our office after failing to appear in court. Once you fail to appear in court in the Atlanta Municipal Court, your case is taken off the calendar and a bench warrant is issued for your arrest. If you do not address your failure to appear in twenty-one (21) days, the Atlanta Municipal Court sends information to the Georgia Department of Driver Services to suspend your Georgia driver’s license or your privilege to drive in the State of Georgia. At that point your case must be resolved in order to receive documentation to re-instate your driver’s license.

In order to get a court date after you fail to appear in court, you must show up between 7 and 8am at the City of Atlanta Courthouse. You will go downstairs to courtroom 1B where they will add your case to the failure to appear courtroom that day. That courtroom is courtroom 3A. You will then have the option to resolve your case through a plea, or ask for a trial. No matter what happens, you will receive paperwork that recalls the active bench warrant. After your case is resolved you will receive the paperwork to reinstate your driver’s license with the Department of Driver Services to lift any current suspension due to failing to appear.

The Atlanta Municipal Court is the busiest courthouse in the Southeast, handling more cases daily than any other courthouse. Navigating the court process can be difficult. Our firm handles charges in Atlanta every day. We are here to answer your questions and help you. Call us today at 404-581-0999 for a free consultation.

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

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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.