Posts

Aggravated Child Molestation in Cobb County

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

Aggravated Child Molestation is a serious crime in Cobb County. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Cobb County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Cobb County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Cobb County District Attorney actually returns an indictment against you before seeking an attorney. Aggravated Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

Aggravated Child Molestation in Clayton County

/in , , , , , , , /by

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Clayton County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Clayton County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Clayton County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

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

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

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.

Aggravated Child Molestation in Douglas County

/in , , , , , , , /by

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Douglas County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

If you are arrested, do not talk to the police. You will be taken to the Douglas County jail and you will be on the first appearance calendar the following day.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Douglas County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the Douglas County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Aggravated Child Molestation in Gwinnett County

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

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Gwinnett County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Gwinnett County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the Gwinnett County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Aggravated Child Molestation in Fulton County

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

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Fulton County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

If you are arrested, do not talk to the police. You will be taken to the Fulton County jail at 901 Rice Street in Atlanta and you will be on the first appearance calendar the following day at 11:30am.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Fulton County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the Fulton County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Aggravated Child Molestation in Bartow County

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

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Bartow County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

The Bartow County Courthouse is at 135 W. Cherokee Avenue, Cartersville, Georgia 30120

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Bartow County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the   Bartow County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Aggravated Child Molestation in Cobb County

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

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Cobb County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Cobb County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Cobb County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Aggravated Child Molestation

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

Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

What’s the Law?

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

Sentencing

If you are convicted of aggravated child molestation, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the State actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Violation of Weapons Carry Permit

/in , , , /by

     Georgia law allows people to possess handguns inside their home, car, or place of business, without a weapons carry license (sometimes known as a“concealed carry permit”). Likewise, you are also lawfully allowed to carry a loaded gun on your body, but it has to be carried in an open and fully exposed way. The issue of carrying a weapon becomes illegal when you want to carry it in a concealed way.

Concealed Carry Permits 

           If you want to carry your loaded gun in your purse, brief case, book bag, or under your clothing, you will need to apply for a weapons carry license. If you are found to be in possession of a firearm in your purse, but you do not have a weapons license, you can be arrested for the offense of Carrying a Weapon without a Valid Weapons Carry license.

           Under O.C.G.A. § 16-11-126, Georgia treats a first offense of this as a misdemeanor charge, meaning the maximum penalty is $1,000 fine and 12 months in jail if convicted. Once convicted, you lose your right to lawfully carry your concealed weapon forever, so it is important to hire a defense team prevent the snowball effect of a conviction under this statute. If you are convicted for a second time for this crime within the past five years, Georgia treats it as a felony. Georgia law requires a prison sentence of two to five years on a second conviction.

Concealed Carry Limitations

           There are several places you cannot bring a concealed weapon despite having a valid weapons carry license. These places include courthouses, jail or prisons, and within 150 feet of polling places when elections are being conducted. Having a gun in these locations can also result in a misdemeanor charge despite having a valid weapons carry permit.  

           Concealed carry permits can be obtained through your local probate court. You must be 21 years or older to apply, and have lawful presence in the United States as well as be a resident in the County you apply.  You may be able to obtain a firearms license if you are between 18 and 21 if you are in active service with the military or have been honorably discharged. The probate court will run a criminal background check, which in some situations could result in you being ineligible for a carry permit.

Many States share reciprocity with Georgia as far as allowing you to carry in Georgia, with your out of state license. Those States are Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia,Wisconsin and Wyoming. Your Georgia firearms license will also be looked as valid in the states mentioned with reciprocity.

           If you have been arrested for Carrying a Weapon without a Valid Weapons Carry License, and have questions about your rights, then call the Law Office of W.Scott Smith. We will provide a free case evaluation.

by Mary Agramonte