Posts

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

/in , , , , , , , /by

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

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

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

/in , , , , , , /by

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

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

 

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?

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

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

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

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.

 

 

Georgia Public Drunkenness Attorney

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

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 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.

If you have been arrested or cited for Public Drunkenness in 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.

Enticing A Child for Indecent Purposes

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

Enticing a child for indecent purposes is a serious crime in the State of Georgia. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against you is made up, you still must take it very seriously and aggressively defend yourself.

O.C.G.A. § 16-6-5 defines Enticing a Child for indecent purposes as follows:

A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

The State must prove a joint operation of (1) the act of enticing a child and (2) the intention to commit acts of indecency or child molestation.

Enticing a Child for Indecent Purposes is different than Child Molestation because of the extra element of asportation. The asportation element is satisfied with the taking involving physical force, enticement or persuasion. The evidence must show some movement of the child. It can be slight movement.

Indecent Acts means illicit sexual conduct. Because the statute refers to both indecent acts and child molestation, it is reasonable to assume that indecent acts are different than acts punished by the child molestation statute.

Neither consent nor lack of knowledge of the child’s age is a defense to prosecution under the Enticing a Child statute.

The statute is intended to protect children from sexual predators. It is unlawful to entice any child under the age of 16.

The punishment for Enticing A Child is a mandatory of 10 years imprisonment up to 30 years and at least 1 year of probation.

Do not wait until the State actually returns an indictment against you for Enticing a Child before seeking an attorney. 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.

Giving a False Name

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

A person who gives a false name, address, or date of birth to a law officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate can be charged with the misdemeanor of Giving False Name. Georgia law (O.C.G.A. 16-10-25) makes it illegal to lie to the police about your identity. However, simply refusing to hand over your ID does not give the police officer probable cause to believe that you have falsely identified yourself, so you cannot be charged with Giving a False Name under those circumstances, but refusing to hand over your license might result in an obstruction charge.

To prove that someone is guilty of Giving a False Name, the State will generally provide proof of the person’s real name, address, or date of birth by showing records such as a birth certificate, driving records, or registration.

If you have been charged with Giving a False Name, you face penalties up to 1 year and jail, a fine of $1000, or both. You need an experienced attorney to help you navigate the charges, evidence, and defenses. Give our office a call for a free consultation if you or someone you know has been charged with giving a false name. 404-581-0999. Written by Attorney Katherine Edmonds.

I was arrested without a warrant, and they did not bring me to court, what do I do?

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

If you have been arrested, booked into the County Jail, and there is no warrant, you must be brought before a Judge within 48 hours. If you are not brought before a judge within 48 hours, you must be released from custody.

Under O.C.G.A. § 17-4-62, it requires the arresting person (typically the police officer) to “without delay, convey the offender before the most convenient judicial officer authorized to receive an affidavit and issue a warrant as provided for in Code Section 17-4-40.” Further, “[n]o such imprisonment shall be legal beyond a reasonable time allowed for this purpose; and any person who is not brought before such judicial officer within 48 hours of arrest shall be released.” Riverside v. McLaughlin, 500 U.S.  44, 57 (1991).

If you or someone you know has been arrested for a charge without a warrant, and they have not been brought before a judge, having a lawyer fight your case can result in a better outcome. Contact the Law Office of Scott Smith today for a free consultation at 404-581-0999.