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DeKalb County Public Drunkenness Attorney

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As holiday parties and events are in full swing, you may wonder the best way to stay clear of police encounters after a night out of drinking. The most obvious way to avoid trouble after a night out is to use a rideshare or designated driver, so as not to drive while intoxicated. But what about simply being drunk in public? Could that land you in jail for the night too?

Drinking to the point of being intoxicated is not always against the law. However, when your condition is made manifest by “boisterousness, by indecent conditions or act, or by vulgar, profaine, loud, or unbecoming language,” you can be arrested for the charge of Public Drunkenness.

Under O.C.G.A § 16-11-41 it is a misdemeanor offense to be intoxicated in a public place, or in the outskirts of a private residence other than your own, or one you are invited to be on. But it is only against the law if your intoxication  is manifested by boisterous, vulgar, loud, profane, or unbecoming language, or by indecent condition. Simply being drunk without an outward manifestation is not against the law in Georgia as mere drunkenness in a public place is not enough to be convicted.

As you can see there is a defense to the charge of Public Drunkenness in DeKalb County and throughout Georgia. If convicted, however, it is a misdemeanor crime that can remain on your criminal history forever. The maximum penalty in a Public Drunkenness case in Georgia is 12 months to serve in custody, and a $1,000 fine, or both. Many counties including DeKalb County at times allow people suspected of Public Drunkenness to enter into a Pretrial Diversion agreement, whereby the case gets dismissed and record restricted upon completion of certain terms like community service.

If you have been arrested or cited for Public Drunkenness in DeKalb County or throughout Georgia, call W. Scott Smith for a FREE CONSULTATION at 404-581-0999. A night out on the town should not have lasting consequences and our lawyers are on call to assist you.

 

Cobb County Public Drunkenness Attorney

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As holiday parties and events are in full swing, you may wonder the best way to stay clear of police encounters after a night out of drinking. The most obvious way to avoid trouble after a night out is to use a rideshare or designated driver, so as not to drive while intoxicated. But what about simply being drunk in public? Could that land you in jail for the night too?

Drinking to the point of being intoxicated is not always against the law. However, when your condition is made manifest by “boisterousness, by indecent conditions or act, or by vulgar, profaine, loud, or unbecoming language,” you can be arrested for the charge of Public Drunkenness.

Under O.C.G.A § 16-11-41 it is a misdemeanor offense to be intoxicated in a public place, or in the outskirts of a private residence other than your own, or one you are invited to be on. But it is only against the law if your intoxication  is manifested by boisterous, vulgar, loud, profane, or unbecoming language, or by indecent condition. Simply being drunk without an outward manifestation is not against the law in Georgia as mere drunkenness in a public place is not enough to be convicted.

As you can see there is a defense to the charge of Public Drunkenness in Cobb County and throughout Georgia. If convicted, however, it is a misdemeanor crime that can remain on your criminal history forever. The maximum penalty in a Public Drunkenness case in Georgia is 12 months to serve in custody, and a $1,000 fine, or both. Many counties including Cobb County at times allow people suspected of Public Drunkenness to enter into a Pretrial Diversion agreement, whereby the case gets dismissed and record restricted upon completion of certain terms like community service.

If you have been arrested or cited for Public Drunkenness in Cobb County or throughout Georgia, call W. Scott Smith for a FREE CONSULTATION at 404-581-0999. A night out on the town should not have lasting consequences and our lawyers are on call to assist you.

Defenses to Trafficking Marijuana in Fulton County

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Being charged with trafficking marijuana in Fulton County is a serious charge. In Georgia, if you are found guilty of trafficking 10-2,000 pounds of marijuana, you will be sentenced to a mandatory minimum of 5 years in prison and a fine of $100,00.00.

The State often has strong evidence in a marijuana trafficking case, often because the accused is arrested with the marijuana in their possession. However, an experienced defense attorney can evaluate your case for defenses. The most successful defenses are often proving to the court that your constitutional rights were violated in some way during the search or seizure that led to the discovery of the marijuana.

For example, a police officer must have some sort of reasonable suspicion that a suspect is engaged in, or has previously engaged in, criminal activity to initiate a temporary detention to investigate a crime. Then, to arrest and search a vehicle, an officer must have probable cause that a crime has occurred. If the state cannot prove that the officer had the required level of suspicion to temporarily or permanently detain you, the evidence they obtained must be suppressed and cannot be used against you.

If you have been accused of trafficking marijuana, it is important to hire an experienced criminal defense attorney that will review your case and search for all possible defenses. The lawyers at the Law Office of Scott Smith handle marijuana trafficking cases regularly and will work hard to protect your constitutional rights. Call us today at 404-581-0999 for a free consultation.

 

My Dream Career as A Criminal Defense Lawyer

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I graduated from law school in May, 2004. It is hard to believe it has been 20 years, this week, since I left Georgia State University College of Law. I had no idea why I wanted to go to law school. I found no passion or meaning working as a financial analyst for a large corporation and quit to go back to school in the fall of 2001. Everyone I knew in law school had a reason for why they wanted to become a lawyer except me. I just figured it was better than what I had been doing which was working in a cubical for a corporation that was eerily similar to Office Space.

I lucked into my dream career. A career I never envisioned before law school.

The one thing of the past 20 years that I am most proud of is that an introvert, who barely spoke as a kid and who hates public speaking, tries and wins major felonies. I work in a world of extroverts. As an introvert, I have to spend more time preparing in order to develop the spontaneity needed in a jury trial.

There is no other job I can think of that I would want to do more than that of a criminal defense lawyer. The defense lawyer-client relationship is like no other. It brings two very different people together who are caught up in a high stakes battle over freedom and in some cases even life. A client will tell the defense lawyer secrets that must be carried to the grave.

The thing I think I love most about this job is the competition. It is rare to have a job where you compete against a formidable adversary and then have strangers declare a winner and loser. It is a job that you can literally save someone’s life and keep a family together. It is also a job where you can be rejected by the jury and have someone you have grown to care about hauled away for life in a steel cage. In those cases, a little piece of myself goes with them. Regardless of what my client may or may not have done, I never judge them or lecture them. Everyone, regardless of the monstrous thing they might have done, is entitled to one person who speaks for them and tries to help save them. And quite a few are actually innocent. But guilt or innocence makes no difference in the preparation and advocacy.

I have spent the last 20 years trying to make civility in the courtroom a hallmark. I have never raised my voice at a prosecutor, judge or anyone else in the courtroom. The public views lawyers poorly and I think it is incumbent on my profession to do better. As a lawyer, you have to be a zealot for your client. But you can zealously advocate while also acting civil, ethical and professional at all times. The prosecutor and judge are rarely, if ever, the enemy. They are integral parts of our criminal justice system.

I hope to spend the rest of my life in the criminal courts standing next to the accused and giving them a voice. The Sixth Amendment to the Constitution demands it. Whether the accused is guilty or innocent does not matter. They are entitled to be treated fairly.

I often think about the quote of the late Albert Krieger:

“The criminal defense lawyer marches into the pit, often unloved by everyone in the courtroom, but with the courage, strength and mind to make our Constitution live as a vibrant being in that courtroom on behalf of someone who at that moment stands for all the principles of freedom and dignity. It is a chore in many respects, it is difficult in all respects. It is tiring. It is demanding. But it is what we signed up for.”

 

 

Fulton County Fraud in Obtaining Public Assistance, Food Stamps or Medicaid – O.C.G.A. § 49-4-15

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In Georgia, it is a crime to make a false statement, fail to disclose information, impersonate another, or engage in other fraudulent activities in obtaining public assistance such as food stamps and Medicaid.

This crime can be charged as either a misdemeanor or felony depending on the total amount of the value of the public assistance. If the amount of food stamps or public assistance is less than $1,500, then it will be charged as a misdemeanor. In Georgia, the maximum penalty for misdemeanors is 12 months in custody and a $1000 fine. If the value of public assistance exceeds $1500, it will be treated as a felony. Under Georgia law, individuals convicted of felony fraud in obtaining food stamps or Medicaid face a one to five-year imprisonment.

The statute lays out several different examples of fraudulent activity that can fall under this statute:

(1) Knowingly using, altering, or transferring food stamp coupons to purchase food stamp coupons in any manner not authorized by law;

(2) Knowingly possessing food stamp coupons or authorizations to purchase food stamp coupons when he or she is not authorized by law to possess them;

(3) Knowingly possessing or redeeming food stamp coupons or benefits when he or she is not authorized by law to possess or redeem them; or

(4) Knowingly using food stamp coupons or benefits in any manner or for purposes not authorized by law.

Apart from being susceptible to arrest under this statute, the legislation mandates that the individual is also obligated to reimburse the state.

If you have been charged with Food Stamp Fraud in Fulton County, your first court date will be known as your First Appearance Hearing. This hearing will occur shortly after your arrest and will apprise you of your charges and evaluate the case for bond. Following this hearing, the case will be accused or indicted by the Fulton County District Attorney’s Office and assigned a Judge. The address to the Fulton County Courthouse is 136 Pryor St SW, Atlanta, GA 30303.

If you or a loved one has been charged with Fraud in Obtaining Public Assistance, Food Stamps, or Medicaid in Fulton County or in Georgia, call the criminal defense lawyers at Law office of W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

Fraud in Obtaining Public Assistance, Food Stamps or Medicaid – O.C.G.A. § 49-4-15

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In Georgia, it is a crime to make a false statement, fail to disclose information, impersonate another, or engage in other fraudulent activities in obtaining public assistance such as food stamps and Medicaid.

This crime can be charged as either a misdemeanor or felony depending on the total amount of the value of the public assistance. If the amount of food stamps or public assistance is less than $1,500, then it will be charged as a misdemeanor. In Georgia, the maximum penalty for misdemeanors is 12 months in custody and a $1000 fine. If the value of public assistance exceeds $1500, it will be treated as a felony. Under Georgia law, individuals convicted of felony fraud in obtaining food stamps or Medicaid face a one to five-year imprisonment.

 

The statute lays out several different examples of fraudulent activity that can fall under this statute:

 

(1) Knowingly using, altering, or transferring food stamp coupons to purchase food stamp coupons in any manner not authorized by law;

(2) Knowingly possessing food stamp coupons or authorizations to purchase food stamp coupons when he or she is not authorized by law to possess them;

(3) Knowingly possessing or redeeming food stamp coupons or benefits when he or she is not authorized by law to possess or redeem them; or

(4) Knowingly using food stamp coupons or benefits in any manner or for purposes not authorized by law.

 

Apart from being susceptible to arrest under this statute, the legislation mandates that the individual is also obligated to reimburse the state.

 

If you or a loved one has been charged with Fraud in Obtaining Public Assistance, Food Stamps, or Medicaid, call the criminal defense lawyers at Law office of W. Scott Smith for a FREE CONSULTATION at 404-581-0999.

Reckless Conduct in Fulton County

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The Fulton County Solicitor General prosecutes crimes of reckless conduct. Under O.C.G.A. 16-5-60, reckless conduct is when you causes bodily harm to or endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Reckless Conduct involves an act of criminal negligence, not an intentional act.

What does criminal negligence mean in the contact of Reckless Conduct. Criminal negligence implies, not only knowledge of a likely consequence which may result from the act, but also willful or wanton disregard of the probable effects upon others likely to be affected.

Criminal negligence is more than ordinary negligence. Criminal negligence is the reckless disregard of any consequences, or an indifference to the safety of others.

If you are charged with reckless conduct in Fulton County, you face 1 year in jail and a $ 1,000 fine.

If you are charged in Fulton County with reckless conduct,  please call us at 404-581-0999. You need to zealously defend yourself against these allegations.

How Your Defense Attorney Can Use Georgia Rules of Evidence Rule 403 to Keep Out Prejudicial Evidence

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When a person is charged with a crime, the State will often try to present evidence of other bad acts performed by the defendant or evidence that is intended to inflame the passions of the jury. When wielded correctly, Rule 403 gives your defense attorney a weapon to fight back with.

Rule 403 states that “[r]elevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” This simply means that a judge may decide that certain evidence may not be presented to the jury if it is likely to prejudice the jury against the defendant, is a waste of time, or is unnecessarily cumulative (an example of unnecessarily cumulative evidence would be prosecutors showing a music video where the defendant points guns and claiming it is being shown for identification purposes when other witnesses had already identified the defendant in surveillance footage from the incident) . A 2020 Georgia Supreme Court case says it perfectly: “the major function of rule governing exclusion of relevant evidence due to prejudice, confusion, or waste of time is to exclude matters of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect.” Jernigan v. State, 357 Ga.App. 415.

A recent example of Rule 403 being used effectively was in the Ross Harris case from 2016. Ross Harris was charged with intentionally leaving his son in the hot car where he ultimately died. The State presented evidence of text messages Harris had sent to underage girls as well as large amounts of evidence of Harris’ infidelity. Although Harris was convicted of sex crimes and murder, his attorneys used Rule 403 at his appeal to show that the two crimes (sexual texts with underage girls and murder) should have been tried separately. While the text messages proved he was guilty of the sex crimes, they did nothing to prove Harris’ intent when he walked away from his car and were highly prejudicial when the jury considered the murder charge.

If you find yourself facing serious charges, it is important that you hire a lawyer that understands the rules of evidence and will use every tool available to prevent the jury from hearing prejudicial evidence. The lawyers at W. Scott Smith will explore every aspect of your case and fight for you in the courtroom to give you the best chance of hearing “Not Guilty”. If you face serious charges like rape, murder, child molestation, drug trafficking, or aggravated assault in Fulton, Cobb, Dekalb, Gwinnett, Douglas, Rockdale, or Barrow counties, call our office at 404-581-0999 for a free consultation.

When Does a Prosecutor Have to Disclose a Deal Made with a Witness in Exchange for Testimony?

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Often, the State will work with co-defendants to offer them a favorable plea deal to testify against another defendant. But, is the prosecutor required to disclose these deals to the other co-defendants or the jury during the trial?  The short answer is found in a 1963 United States Supreme Court case called Brady v. Maryland (373 U.S. 83). The State is required to turn over any evidence that meets four prongs: the evidence must be favorable to the defendant, the defendant must have been unable to obtain the evidence himself, the State must have suppressed the favorable evidence, and, had the evidence been disclosed to the defense, there must have been a reasonable probability that the outcome of the trial would have been different. Williamson v. State, 300 Ga. App. 538 (2009); Brannon v. State, 298 Ga. 601 (2016).

How does this rule apply to statements made by co-defendants in exchange for favorable plea deals?   A co-defendant’s statement could become favorable to a defendant if it calls into question a co-defendant’s credibility. In Byrd v. Owen, 272 Ga. 807 (2000), the Georgia Supreme Court found that the prosecutor was obligated to disclose an immunity agreement it made with its main witness, who was the defendant’s partner in drug trafficking. The Court found that the deal should have been disclosed because, if the defense could have discredited the witness’s testimony (and ultimately shown that he had incentive to lie to get a plea deal), there was a substantial likelihood that the outcome of the trial would have been different. Additional Georgia Supreme Court cases like Schofield v. Palmer, 279 Ga. 848 (2005) tell us that because the reliability of a particular witness may be determinative of guilt or innocence, impeachment evidence, including evidence about any deals or agreements between the State and the witness, falls within the Brady rule, which requires the prosecution to disclose favorable evidence that is material either to guilt or to punishment.

All of this means that if you are charged with a serious crime like murder, armed robbery, or drug offenses, and the State is offering a co-defendant a plea deal in exchange for their testimony against you, they are obligated to disclose that deal. You need an experienced attorney to demand that disclosure and to work diligently to prove that witness unreliable. The lawyers at the Law Office of W. Scott Smith are dedicated to their clients and insist on holding the State accountable to the rules. If you find yourself charged with a serious crime and in need of a lawyer to fight for you, call our office at 404-581-0999 for a free consultation.

 

Hybrid Gangs and the Georgia Gang Statute

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With Georgia gang prosecutions on the rise thanks to the Georgia Street Gang Terrorism Act, it is important to know what the government classifies as a gang. The definition for what Georgia considers a gang is found in O.C.G.A.  § 16-5-3 (3) and reads:

“”Criminal street gang” means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity.”

Under this definition, the State does not have to prove much to allege that a group of people are a gang. Additionally, even a group of people that are not part an official, well-known gang could be prosecuted under the Georgia Gang Statute if the government defines them as a “hybrid gang”. Hybrid gangs are less structured and are mostly composed of members from different gangs. Hybrid gangs are often formed when gang members relocate or when members of other gangs join forces. Additionally, the government often also alleges that a group of people are in a hybrid gang if they are a group of local neighborhood people that grew up together and wouldn’t traditionally form a gang together.

It is becoming more and more common to see gang charges added to other felony charges because the State can stretch the definition of a gang to include more and more people. When gang charges are added, a defendant’s possible punishment if they are convicted increases drastically. If you are charged with violating the gang statute in Cobb, Gwinnett, Fulton, Dekalb, Clayton, or any other Georgia county, it is important to hire a lawyer that will make the state prove that the gang the allege you are a part of actually fits the definition of “criminal street gang”. The lawyers at W. Scott Smith are experienced in defending gang cases and would love to represent you. Call our office today at 404-581-0999 for a free consultation.