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Rape in Cobb County

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Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Cobb County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Cobb County District Attorney’s has a division of prosecutors who prosecute sex crimes zealously and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, your case will be put down for a first appearance hearing in Cobb Magistrate Court before Judge Brendan Murphy.  At this hearing, the Cobb County Magistrate Judge will read the warrants to you. You will then be given a bond hearing date and a probable cause hearing date. It is crucial that you move forward with the probable cause hearing. The purpose of the probable cause hearing in Cobb Magistrate Court is to put the lead Detective under oath and lock in his testimony and understand all of the evidence that exists in your case.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Cobb County District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Cobb County Superior Court has 11 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Robert Leonard, Judge Mary Staley Clark, Judge Robert Flournoy, Judge LaTain Kell, Judge Gregory Poole, Judge Ann Harris, Judge Kimberly Childs, Judge Kellie Hill, Judge Angela Brown, Judge Jason Marbutt and Judge Henry Thompson.

It is imperative that you do not walk into court on a rape charge in Cobb County Superior Court either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

What to do if arrested for Possession of Drugs or Possession with Intent in Fulton County

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If you are arrested for any drug offense in Fulton County, do not make any statements to the police. You will be taken to the Fulton County jail at 901 Rice Street. You will be on the first appearance calendar the following morning at 11:00. It is important to have an attorney for this court appearance.

At your first appearance hearing, the Magistrate Court judge will review the facts in the warrant and your criminal history and will decide whether to issue you a bond or not. There are a few options regarding bond. The first is they may give you an unsecured judicial release and make you report to pre-trial services. This allows you to get out of jail without paying any money. The next option is to give you a regular bond where you would have to go through a bonding company to be released. The final option is that they deny your bond. In Fulton County, in most drug cases, bond is set at first appearance.

Once you are released from the Fulton County jail, please ask any person who was with you that night to write out a statement of what they remember happening the night of the arrest. This could be helpful in preparing for the motions hearing and trial in Fulton County. It is also important for you to write out a statement of anything you remember regarding the incident. Only give this statement to your attorney.

It is important that you hire an attorney quickly as there are tight deadlines on filing a Motion to Suppress which is a constitutional challenge to the drug evidence. Most drug cases are either won or lost at the Motions hearing. If you wait too long, you will be unable to file a Motion to Suppress.

Being convicted of a felony drug offense in Fulton County carries many consequences, including, but not limited to, a felony drug conviction on your record, loss of gun rights, loss of voting rights and has a detrimental impact on your securing a loan from a bank or employment.

You are welcome to call us 24/7 at 404-581-0999 and we will be there with you for your First Appearance hearing at the Fulton County jail.

Being charged with Rape in Newton County

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Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Newton County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Newton County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Newton County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a rape case. You will then need to file a motion for a formal bond hearing in Newton Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Newton County Courthouse in downtown Covington, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Newton County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Newton County District Attorney’s office must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Newton County Superior Court has 5 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Chief Judge John Ott, Judge Chevada McCamy, Judge Layla Zon, Judge Jeffrey Foster and Judge Kendall Wynne.

It is imperative that you do not walk into court on a rape charge in Newton County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

Rape in Henry County

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Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Henry County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Henry County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Henry County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a rape case. You will then need to file a motion for a formal bond hearing in Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Henry County Courthouse in downtown McDonough, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Henry County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Henry County Superior Court has 3 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Brian Amero, Judge Holly Veal and Judge Pandora Palmer.

It is imperative that you do not walk into court on a rape charge in Henry County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

Marijuana Edibles and THC Cartridge Charges in Georgia

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If you have been charged in Georgia with marijuana edibles or a THC cartridge here is what you need to know to prepare yourself for court.

 

Edible forms of cannabis, including THC ladened gummies (i.e. gummy bears), cookies, brownies, honey sticks, Rice Krispy treats, chocolate bars, sodas, lozenges, and capsules, are all illegal in Georgia. All marijuana edibles contain a significant amount of tetrahydrocannabinol (THC). THC edibles in Georgia, even those consumed for recreational and medical purposes, are illegal. Similarly, all electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or weed pen with a THC vapor cartridge is illegal under Georgia law.

 

Under Georgia law, extracting marijuana oil out of the plant-based material makes the crime of possession a felony offense. The punishment you can face for possessing marijuana edibles or a THC vape pen are described at the bottom of this article.

THC is the psychopharmacologically active component of the cannabis plant. Most THC exists in the form of an isomer known as delta-9-THC, but somewhat less than ten percent of naturally occurring THC is of the delta-8 isomer. Both delta-8-THC and delta-9-THC produce a psychological effect. They are found in all cannabis plants, and they are not known to exist elsewhere in nature. Concentrations of THC can be produced in two ways, either by chemically extracting it from the cannabis plant or by synthesizing it in the laboratory. A simple procedure, using organic solvents to remove the THC from cannabis, can produce an oily substance variously known as “hash oil,” “marijuana oil,” or “liquid marijuana.” THC thus extracted “is not marijuana; it is tetrahydrocannabinol. It is the extract, the pure compound from the drug.

 

Edibles, most commonly cannabidiol or CBD, with very little THC are illegal in Georgia.  Under Georgia’s strict laws regarding the use or possession of any product that has THC extracted from the plant (or where no plant fibers are present) is a serious charge.  The lone exception is for prescribed THC oil where you have a Georgia prescription.  Once you obtain a Georgia THC card, Georgia allows you to possess 20 fluid ounces of low THC oil within the state of Georgia.  However, the law requires that the low THC oil be “in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein,” be less than 5 percent tetrahydrocannabinol by weight, and that the amount of oil in the container – or containers – not exceed 20 fluid ounces total.  Ironically, the “standard dose” in recreational THC use is considered 10 mg over a five-hour period.

 

The crimes relating to the possession or sale of marijuana are set forth in the Georgia Controlled Substances Act Title 16 Chapter 13.  Under OCGA § 16-13-21(16) marijuana is specifically defined as:

 

all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.

 

OCGA §16-13-30:(3)(P), was changed by the Georgia legislature to provide:

 

Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis, but not including such substance when found in hemp or hemp products.

 

Penalties for Weed Edibles is located in OCGA § 16-13-30:

There are three basic tiers of punishment and they are all determined by the total weight of the substance.  Note there is a difference between the weight of a solid substance (gummy) and the weight of a liquid (vape cartridge).

Tier 1:

  • Less than one gram of solid substance.
  • Less than one milliliter of liquid substance.
  • Placed into a secondary medium with a combined weight of less than one gram.
  • Range of punishment is one to three years.

Tier 2:

  • At least one gram, but less than four grams of solid substance.
  • At least one milliliter of liquid substance, but less than four milliliters.
  • Placed into a secondary medium with the combined weight of more than one gram, but less than four grams.
  • Range of punishment is one to eight years.

Tier 3:

  • At least four grams, but less than twenty-eight grams of solid substance.
  • At least four milliliters of liquid substance, but less than twenty-eight milliliters.
  • Placed into a secondary medium with the combined weight of more than four grams, but less than twenty-eight grams.
  • Range of punishment is one to fifteen years.

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. Our office is in downtown Atlanta.

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.

BATTERY- FAMILY VIOLENCE IN FULTON COUNTY

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In Georgia, battery-family violence is the identical charge of battery except that the alleged victim in the case has some sort of familial connection to the accused. The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not want to press charges.

According to O.C.G.A. § 16-5-23.1, a person commits “battery” when he/she intentionally causes substantial physical or visible bodily harm to another. However, in order for a person to be charged with battery- family violence, the crime must have occurred between the following people:

  • Spouses or former spouses;
  • Individuals who have a child together;
  • Parents and children;
  • Step-parents and step-children;
  • Foster-parents and foster-children; and
  • Individuals living or formerly living in the same household.

PENALTIES

Battery- family violence can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. Major consequences of battery-family violence are the loss of gun rights, serving time on probation, or potentially in custody, and any future conviction of the same crime may be transferred to the Futon County District Attorney’s Office to prosecute as a felony.

Fulton County has strict policies in place for offenses related to family violence. If the accused is previously convicted of battery-family violence, and they are subsequently arrested for the same charge, the Fulton County Solicitor-General’s Office will often transfer it to the District Attorney’s Office in order to indict as a felony.

Furthermore, the prosecutors in the Fulton County Solicitor-General’s Office do not have much discretion when it comes to these types of cases. Their policy is generally to not allow prosecutors in their office to reduce family violence charges to a lesser-included offense without the authorization from a supervisor. Thus, it is of vital importance to hire a seasoned criminal defense attorney with trial experience to defend allegations such as these due to the policies put in place by the Fulton County Solicitor-General’s Office. In many cases, going to trial might be a client’s best option to avoid a conviction, save their gun rights, and protect their freedom.

CONTACT US

At the Law Offices of W. Scott Smith, our lawyers are trained at defending such allegations, we are knowledgeable about all the potential defenses of such a charge, and we have experience at trial advocating for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for battery-family violence in Fulton County, please call our office today at 404-581-0999 for a free consultation.

Georgia Criminal Law – Justification as a Defense

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As an affirmative defense, the fact that a person’s conduct is justified under the law is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:

(1) When the person’s conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26;

(2) When the person’s conduct is in reasonable fulfillment of his duties as a government officer or employee;

(3) When the person’s conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;

(4) When the person’s conduct is reasonable and is performed in the course of making a lawful arrest;

(5) When the person’s conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or

(6) In all other instances which stand upon the same footing of reason and justice as those enumerated in this article.

Raising an Affirmative Defense

With respect to any affirmative defense authorized under Georgia law, unless the state’s evidence raises the issue invoking the alleged defense, the defendant, to raise the issue, must present evidence of an affirmative defense. See O.C.G.A. § 16-1-3(1).

In order to raise an affirmative defense, a criminal defendant need not “admit” anything, in the sense of acknowledging that any facts alleged in the indictment or accusation are true. Rather, in asserting an affirmative defense, a defendant may accept certain facts as true for the sake of argument, and the defendant may do so for the limited purpose of raising the specific affirmative defense at issue. A defendant is entitled to a requested jury instruction regarding an affirmative defense when at least slight evidence supports the theory of the charge, whether in the state’s evidence or evidence presented by the defendant, and regardless of whether the theory of the affirmative defense conflicts with any other theory being advanced by the defendant.

Deadly Force by Law Enforcement Officers

Georgia’s statute on the use of deadly force provides that law enforcement agents may use deadly force to apprehend a suspected felon only (1) when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (2) when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or (3) when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. This statute does not prevent sheriffs or peace officers from using reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

Good Samaritan Defense

In 2014, there were numerous incidents where children, who were left inside hot, locked motor vehicles, were injured or died. In order to encourage the rescue of children in these situations, the General Assembly made it clear with the amendment of O.C.G.A. § 16-3-20(5) in 2015 that individuals who damaged and entered such motor vehicles in order to rescue children from injury or death would be justified in doing so and would have a defense to criminal prosecution.

Battery – Family Violence Charges in Haralson County, Georgia

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A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors.   For some clients, this is their first interaction with law enforcement and their concerns include: jail time, a permanent mark on their criminal history , and the possibility of trial. All these concerns are very real when facing Family Violence Battery charges. This is especially true when charged with Family Violence Battery in Haralson County. This jurisdiction has specifically allocated money and resources in aggressively prosecuting domestic violence charges.  This article aims to explain the nature of the offense, punishments, and how these cases are handled within Haralson County.

 

The Offense

 

Georgia Criminal Code § 16-5-23.1 defines domestic violence (named “battery – family violence”) as whenever a battery, an intentional physical harm or visible bodily harm, is committed against “past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.”

 

Therefore, in order to be charged with Family Violence Battery, the alleged victim must be within a certain relationship of the defendant:

 

  • A spouse
  • Persons who are parents of the same child
  • Children
  • Step-Children
  • Foster Children
  • Other persons living in the same household (roommates)

 

Punishment

 

A first conviction for Family Violence Battery is a misdemeanor that carries a maximum penalty of 12 months in custody and a $1,000 fine.  A second or subsequent conviction with the same family member (as classified above) or another family member results in a felony conviction with a maximum penalty of five years in prison.  O.C.G.A. § 16-5-23.1

 

While a first lifetime conviction of Family Violence Battery appears to be just a misdemeanor, there are several collateral consequences unknown to most people.  For example, because Georgia’s classification of Family Violence Battery falls within the Federal definition of “domestic violence,” a Georgia citizen who is convicted of Family Violence Battery is prohibited from possessing a firearm under Federal Law.

 

Furthermore, while the maximum penalty includes 12 months in custody and a $1,000 fine, many judges throughout the State will also require individuals convicted of Family Violence Battery to serve time on probation (in lieu of jail time), but with the conditions of completing a domestic violence program.  These programs go by several different names (usually Domestic Violence Intervention Program – DVIP), but they generally include 24 weeks of classes, counseling, and program fees that are not included in the fine ordered by the judge.  In addition, judges can add community service, counseling requirements, fines, and alcohol and drug evaluations.  It is important to know that your attorney can negotiate all of these things.

 

How it Works in Haralson

 

The first step after arrest is getting a bond. If charged with misdemeanor Family Violence Battery, the law provides you shall be given a bond (in all misdemeanor cases).  But, in addition to having to pay bail money to bond out, the judge will also typically impose a No Contact provision as a condition of your pre-trial release. For example, in a case where a husband is accused of battering his wife, and the couple have minor children who live with them, a judge will usually order the defendant to have No Contact with the wife (alleged victim), the children, and be prevented from returning to the shared home. This No Contact provision places a great burden and strain on the accused as a violation of this bond condition (any form of contact, direct or indirect) can land the accused person in custody until the case is resolved. Therefore, the accused has to find alternative living arrangements and be estranged from their family.

 

As a result, our office routinely files a Motion to Modify Bond Conditions to change the No Contact provision to No Violent or Harassing Contact. This will allow the accused to return home and have contact with the alleged victim and anyone else protected under the bond order; allowing the accused to return to some semblance of a normal lifestyle.

 

After arrest, a case file is created with the Haralson County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Haralson County. At first, the case will be “unaccused.” This simply means that no accusation has yet been filed on the case. An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case. An experienced attorney should periodically check to see whether the case has been accused prior to arraignment.

 

It is possible to resolve a Family Violence Battery charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the Haralson County Domestic Violence Pre-Trial Intervention Program. If the accused successfully completes the DVPTI program, their charges will be dismissed with their records restricted.

 

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” If accused and not eligible for DVPTI, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Haralson County prosecutors are largely unwilling to outright dismiss Family Violence Battery charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to Family Violence Battery or proceed to trial.

 

Haralson County State Court prosecutors will often include multiple counts of Battery, Simple Battery, and Family Violence Battery within the accusation.  Unfortunately, many people go to court on their first court date, without exploring the consequences of a Family Violence Battery conviction, and enter a plea.  Whether the person committed the acts alleged or they simply just want to put this chapter of their life behind them, even though they’re innocent, it’s vital to consult with an attorney.  At the very least, an attorney can discuss the implications of being convicted of Family Violence Battery.

 

Contact Us

 

Being charged with Family Violence Battery can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every Family Violence Battery case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with Family Violence Battery, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

Trafficking Marijuana through the Atlanta Airport

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When a person traveling to Atlanta is charged with trafficking marijuana at the Atlanta airport the first concern is going to be how to get a bond to get the person charged with trafficking marijuana at the Atlanta airport out of jail as soon as possible.  Another question is, how much will my bond be for trafficking marijuana?  At our law firm we have handled a number of bond hearings and received consent bonds in Clayton County on trafficking marijuana at the Atlanta airport.  We believe we have a recipe for success that you can follow in order to get a bond on a trafficking marijuana case.  A bond hearing is where a judge will decide if the person trafficking in marijuana at the Atlanta airport is a good candidate for bond.  The factors a judge will consider on trafficking cases generally include, criminal record or lack of a criminal record, flight risk or whether the person will appear in court when directed, and/or likelihood of committing a new felony offense while out on bond.  Since people who are charged with trafficking in marijuana are generally transient or they generally have out of Georgia ties, the court will be concerned they will not appear in court when the case comes up for additional court dates.  You must be in a position to allay the court’s fears the person charged with trafficking marijuana will in fact appear in court when directed to do so.  A consent bond is where the State’s prosecutor agrees to a bond amount and the defense accepts because the person arrested for trafficking marijuana at the Atlanta airport feels they can afford the bond amount.

First question for consideration is how much did the Marijuana in the person traveling with marijuana in their suitcase at the Atlanta airport weigh.  If it is less that twenty pounds your chances of getting a lower bond in Clayton County are greater.  Second, did the person traveling have more that $1000 cash on them.  If they did, they are likely a mule.  A mule is someone who is generally destitute or poor and they are so desperate for money that they agree to transport a suitcase or luggage without knowing its contents.  If the person is poor and you can show the prosecutor this evidence and they had a large sum of money (which is consistent with the mule’s fee) the prosecutor is more likely to grant a bond.  Third, do the flight records show a first-time travel for that person on the same flight origination?  If so, this is likely the first time the person traveling with the large amounts of marijuana is flying with marijuana.  If you can show no pattern of travel the State is more likely to consent to a low bond.  The State’s prosecutor and Court will want to know the criminal history of client.  Things of major importance will be does the person have any felonies on their record?  Has the person ever failed to appear in court – even for traffic violations?  Does the person have any violations of probation or parole?  Furthermore, it is important to have a local address in which the person charged with trafficking marijuana will live at while the case is pending.

If you are an attorney trying to acquire a consent bond for trafficking marijuana in Clayton County at the Atlanta Jackson-Hartsfield Airport, here is what you need to do.  Go through the criminal history to have a good handle on what the criminal history provides.  If any discrepancies come up on the persons charged GCIC or NCIC be in a position to pull the official court record to confirm the inaccuracies in the official record.  In our experience this happens way too often.  Second, pull a copy of the incident report.  You will need to make a copy of the incident report and provide a copy to the State’s prosecutor in order to get a quick bond offer.  If client has a passport, obtain the passport and be willing to turn the passport in to law enforcement to hold pending the case’s outcome.  If client is poor, have client provide you access to his or her bank account to show how little amount she has in the account.  If client lives in an apartment or humble residence, have someone take photos of the residence to show the State’s prosecutor client’s simple living arrangements.  If client does not have a local address to live at see if client’s family can acquire a local address.  Lastly, do not have client snitch or become a state witness.  In my experience it serves no purpose as it does not assist in getting a bond.

Rape Charges in DeKalb County, Georgia

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Rape is a serious crime in Dekalb County. O.C.G.A. § 16-6-1 defines rape as follows:

  1. A person commits the offense of rape when he has carnal knowledge of:
    1. A female forcibly and against her will or:
    2. A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.  Any penetration, however slight, is sufficient and can be proven by direct or circumstantial evidence. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

How do you define “force” in a rape case in Georgia? Force means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Lack of resistance, induced by fear, is force.

The elements of Rape in Georgia are 1) penetration, 2) force, and 3) against her will. If the person is underage, then force is implied. If the person is above the age of consent, but due to mental incompetence or severe intoxication, then finding of constructive force based on penetration.

The law on Rape in Georgia does not require physical injury or semen.

A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.

In addition, the person could be on the Sex Offender Registry for life.

A person convicted of rape can also be held to account for civil liability. Furthermore, if the rape was committed by the defendant while he was acting in his scope of his employment, his employer may also be held liable.

If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.

The statute of limitation for a prosecution of rape is 15 years.

If you are charged with Rape in Dekalb County, you will be brought over before a Magistrate Judge within the first 72 hours of your arrest. This judge will not set a bond on Rape. You will need to have a bond motion filed before a Dekalb County Superior Court judge.

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.