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Giving False Names and Statements to Police in Georgia

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by Mary Agramonte

The Constitution gives us an absolute right to remain silent in response to police questioning. Our best advice is to use it. Your silence cannot be used against you and is not a crime. So proudly use it!

Often times, people will instead make stories up to police officers in hopes of convincing them: ‘it wasn’t me!’ This can put you in a worse position as it is against the law to give false names, or false statements to police. In other words, providing basic identifying information is encouraged; lying can land you in jail.

It is a misdemeanor crime in Georgia to give a false name or birth date to a police officer if he’s in the lawful discharge of his official duties. O.C.G.A. §16-10-20.  Misdemeanors in Georgia have a fine of up to $1,000, plus all the taxes and surcharges. Giving a false name or birthday to an office can even carry up to a year in prison, or can land you on costly and time-consuming probation.

Similarly, under O.C.G.A. §16-10-20, it is against the law to make a use or make false statement to any government agency. In Georgia, it is a felony to make a false statement, or to make or use a false writing or document in any matter involving a government agency. The punishment for speaking or writing a false statement is a mandatory minimum of one to five years in prison, or a fine of $1,000, or both.

For example, it is illegal to alter or falsify information on any applications or documents that you are presenting to any branch of the government. It is also against the law to knowingly conceal or cover up something to the police, and it is illegal to lie to a police officer. All of these things can place you in a position where you are facing felony charges and serious prison time.

If you have been arrested and charged with giving a false name or false statement, it is important you have experienced criminal defense attorneys on your team fighting for innocence and freedom. Call the office now at 404-581-0999 and mention this blog to get a FREE CONSULTATION on your false name or false statement case in Georgia.

 

Be Ready for the Unthinkable – Child Molestation in Georgia

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by Ryan Walsh

Charges of child molestation or the sexual abuse of a child are the most serious cases we face as attorneys in Georgia. They usually begin with a call from someone who says they’ve been contacted by a detective regarding allegations of improper contact with a child and need to know if they should make a statement. We urge anyone who has been contacted by a law enforcement officer to call our office immediately before making any sort of statement. It is okay to tell them I need to contact my attorney. Get the detectives name and telephone number and bring that information to our office immediately.

To understand how to defend charges of child molestation and sexual abuse, you need to understand what child molestation is. Child molestation is define in the Official Code of Georgia Section 16-6-4 and states a person commits the act of child molestation when someone commits an immoral or indecent act to or in the presence of or with any child under the age of sixteen years old with the intent to satisfy the sexual desires of either the child or the person. You can also be charged with child molestation if you send a sexually explicit image to a child under 16 with the intent to arouse or satisfy the sexual desires of either the child or the sender.

The sentencing range for someone convicted of Child Molestation carries a minimum sentence of five years, and can be up to life imprisonment depending on the facts and circumstances surrounding the accusation.

Defending those accused of child molestation is difficult. The allegation often arises from the statement of a child to a person of authority, usually a parent or teacher. That statement then gets communicated to a law enforcement official and their investigation begins. At some point the child should be interviewed by a forensic psychologist, and that interview is often the most significant piece of evidence presented in the case. But just because there is an outcry from a child, doesn’t mean the case cannot be defended. Children can mimic their parents and older siblings and make statements that aren’t always factual for many reasons. They are prone to suggestion and sometimes coercion by family and friends.

It is important for a defense attorney to get involved early in these cases. Relationships have to be examined. Motives must be found. The Law Offices of W Scott Smith specialize in handling child molestation cases and investigations. Call us today at 404-581-0999 to discuss your case. There is no time to wait in protecting your freedom.

Your Fitbit Might End Up Being the Star Witness Against You

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By Mary Agramonte

You have the right to remain silent. Anything you say may be used against you in a court of law. Knowing these two things, a good rule of thumb is to not say anything and to ask for a lawyer.

Even when you don’t talk, your own technology speaks volumes. Your Fitbit knows when you are awake and when you are asleep. Your cell phone sends data of your location any time you log in or send a message. Your Amazon Echo sits and waits to be called Alexa and then listens for a command, which is then recorded and stored along with the time and date. Your Facebook shows where you were when you last posted. Your silence is one thing, but your electronics can tell their own story.

Believe it or not: a murder case in Connecticut was just solved based on the victim’s Fitbit. A husband called 911 and told police a masked intruder had shot his wife. He gave a timeline of the incident of when she got home to when the intruder appeared and killed her. The police got a search warrant for the data on his wife’s Fitbit. The Fitbit showed she was awake and walking at a time the husband stated she had already been killed. It poked holes in his defense and after 18 months while the case was being investigated, the State has charged him with murder.

The Amazon Echo (Alexa) has also made its way into criminal cases. A man in Arkansas allegedly killed his friend after a night of drinking and watching football. Investigators sought to obtain the recordings from Alexa, and served a warrant to Amazon noting there was “reason to believe Amazon.com is in possession of records related to a homicide investigation being conducted by the Bentonville Police Department.” Investigators, not sure what they would find, wondered if the suspect possibly had asked Alexa something like how to clean up a crime scene. Amazon refused, but the defense lawyer filed a motion consenting to the data pull.
We know technology is here in part to make our lives easier. It’s also making it easier for police to solve crimes and see through suspects’ false statements. When your alibi is you couldn’t have committed the crime because you were somewhere else sleeping, the police may later learn from your Fitbit that you weren’t asleep at all.

Technology’s impact in the courtroom will continue to increase. As we become more dependent on technology, law enforcement will also turn to technology in solving crimes. If you have been arrested for a crime in the State of Georgia, hire an experienced criminal defense lawyer that is familiar with the challenges to privacy protections and search warrants as they relate to technology. Call us today for a free consultation at 404-581-0999.

Sources: “Cops use murdered woman’s Fitbit to charge her husband” http://www.cnn.com/2017/04/25/us/fitbit-womans-death-investigation-trnd/index.html
“Suspect OKs Amazon to hand over Echo recordings in murder case” http://www.cnn.com/2017/03/07/tech/amazon-echo-alexa-bentonville-arkansas-murder-case/index.html

VIDEO – Seizure and the 4th Amendment under Georgia Criminal Law

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by Ryan Walsh and Scott Smith

You’re sitting in a park with friends. An officer comes up to you and asks you if you’ve been smoking weed. You say no, but they place you in handcuffs while they search the area. Is this legal? What are your rights? The 4th amendment’s protection against unreasonable seizures is the topic of today’s Peach State Lawyer video blog.

Hello, I’m Scott Smith.

The Fourth Amendment of the United States Constitution prevents the government from unreasonable seizures without a warrant. A seizure is a restriction on your freedom.

In order for you to be seized under the fourth amendment, the officer must have an arrest warrant, or have a legal reason to continue to detain you. Whether the officer has that reason depends on the interaction between you and the police officer.

Lets go back to the park example.

The officer comes up to you and He says hey, how you doing? He just asks if you’ve been smoking weed, but does nothing more. You’re free to respond to him or not. You’re free to walk away. This type of encounter is a tier 1 encounter. It can happen at any time.

But what if you’re sitting in the park and the officer says, hey, I smell marijuana over here. Are you guys smoking? Sit right here while we investigate. Is this seizure legal? The United States Supreme Court created this second tier of police-citizen encounters in the case of Terry vs. Ohio. It’s called a tier 2 encounter or Terry stop, and is lawful only if the officer has reasonable articulable suspicion that a crime has been committed.

You can’t leave in this situation, but the officer must also be in active investigation to find evidence of the specific criminal activity for which they’ve detained you.

Finally, you’re back in the park and the officer says, hey, I smell marijuana, are you guys smoking? Immediately, the officer places you in handcuffs while they look for evidence of weed. This is what’s called a tier 3 stop, which is the same as an arrest. An officer can’t arrest you without probable cause. Whether you’re under arrest depends on the officer’s statements and actions. Have they told you you are under arrest? Have they physically restricted your freedom? These factors and more are used to determine whether the encounter has escalated to this level.

Remember, in all situations the police officer’s job is to find evidence of criminal activity. Anything you say or do can be used against you later. Politely decline consent to search. Politely decline to answer any questions. Tell the officer you want to speak with your attorney.

The attorneys at the law offices of W. Scott Smith specialize in seizure issues. We’re available 24 hours a day, 7 days a week for free consultations. If you feel you’ve been arrested unlawfully, call us today at 404-581-0999. Thank you.

 

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

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Do you have a Georgia criminal history? Do you know what it looks like? What will your prospective employer or landlord see if they run it? Georgia criminal history records are the topic of today’s Peach State Lawyer video blog.

Hello, I’m Scott Smith and today we’re talking about your Georgia criminal history record, and why it is important for you to know what the information your Georgia criminal history record contains.

Your criminal history is a specific document tied to your name, date of birth, and social security number. It contains arrest and final disposition information, including whether you’ve ever been incarcerated in a Georgia jail or prison.

Arrest data includes the arresting agency, date of arrest, and charges. Disposition information relates to the final resolution of the charges through the court process, whether it be through a dismissal, reduced charges, guilty pleas, or result after trial.

Your criminal history is maintained by the Georgia Bureau of Investigation through their Crime Information Center.

Your criminal history is reported in cycles, with each cycle representing a separate incident. A cycle is created when you are fingerprinted, typically following an arrest and being booked into jail. Some minor offenses such as city or county ordinances or minor misdemeanor offenses may not result in you being arrested and fingerprinted, and will not be shown on your criminal history.

Georgia Law allows anyone access to any felony conviction on your criminal history that has not been removed after successful completion of any conditional discharge or first offender program. For anyone, including a prospective employer or landlord to have access to your complete criminal history, they must have your consent through a signed authorization form.

If you have a charge that has been record restricted or expunged, that cycle should not appear on your Georgia Criminal History Record when requested by anyone besides a government agency.

Georgia Criminal History Records can be requested at Sheriff’s Offices and Police Stations throughout the state for Twenty dollars. To request a full copy of your Georgia Criminal History, you will need a driver’s license or photo ID, your social security number, and date of birth.

If you look at your criminal history record and see something you believe should have been restricted or expunged, call our office at 404-581-0999 to discuss potential restriction or expungement options. Our team of experienced Georgia criminal defense attorneys can assist you in determining whether the charge can be restricted or expunged during a free consultation. Thank you.

VIDEO – Atlanta, Georgia Theft by Shoplifting Charges – Dunwoody, Alpharetta, Kennesaw

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I’ve received theft by shoplifting charges in Georgia, but my court notice says Dunwoody Municipal Court, what’s happening here?

Hello, I’m attorney Scott Smith and I’m here today to talk with you about shoplifting charges. We see a lot of theft by shoplifting arrests in metro Atlanta due to the number of shopping malls in the area. Lenox Mall, Phipps, Atlantic Station, Perimeter Mall, North Point Mall, Town Center, and all the other malls in the Atlanta area.

We also see a lot of shoplifting charges coming from stores like Walmart, Marshall’s, and TJ Maxx.

Many of these cases will originate in municipal courts like Atlanta, Dunwoody, Alpharetta, and Kennesaw.

A theft by shoplifting charge in Georgia can be accused as a misdemeanor or a felony depending on: the amount alleged to have been taken, the number of shoplifting convictions showing on your criminal history, and whether there was a pattern of recent shoplifting activity.

Shoplifting cases generally have two components. The first part is the criminal case. But often folks arrested for theft by shoplifting will receive a letter in the mail from law firms or collection agencies on behalf of the store asking for a payment for a civil penalty. We urge anyone watching this to consult with a Georgia attorney before making any payment to a law firm or collection agency due to this shoplifting charge. It could have an impact on your case.

It is important to state people who shoplift are not bad people. Generally the case comes down to one of three things. The person charged is sometimes depressed. It was an honest mistake such as an accidental concealment or not actually taking the item. Or finally the person thought they needed the item to survive or they were taking it for thrills. Ninety percent of the people we represent fall within the first two categories, depression or an honest mistake.

There are many was to resolve your theft by shoplifting charges in Georgia. Our office of experienced Georgia shoplifting attorneys can evaluate your case and tell you about potential defenses and outcomes. Let us help you today. Call our office at 404-581-0999. Thank you.

Can My Criminal Record be Expunged? Record Restriction and Sealed Records in Georgia

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by Mary Agramonte

We know how hard it is to rebuild your life when you have a criminal history following you. In Georgia, your complete criminal history is released for employment and licensing purposes, no matter how long ago you were arrested, unless your record is restricted or sealed. If you have recently been arrested and just want a second chance, Georgia has several options available. These options allow certain individuals who have been arrested to avoid having potential employers see their criminal record. Even if you were arrested in the past, you may be eligible to have your record restricted or sealed from people being able to access it.

Mary Agramonte is an attorney with W. Scott Smith P.C.

Mary Agramonte is an attorney with W. Scott Smith P.C.

Under Georgia’s Record Restriction law, O.C.G.A. §  35-3-37, you may be qualified to hide your arrest record from potential employers. This is available for you if your case was dismissed, not presented to a grand jury, twice no-billed by the grand jury, or if you had a trial and were found not guilty on each and every charge. If you were arrested after July 1, 2013, your record is automatically restricted, meaning your official Georgia criminal history report (GCIC)  will not be released to any employers or licensing boards. If you were arrested prior to July 1, 2013, and your case was dismissed or you were found not guilty on every charge, then you will need to apply to have your record restricted on your official criminal history report.

However, even if your record is restricted, your court records will remain in the clerk’s office as public records. Unfortunately, many employers do not use official background checks through GCIC. Instead, they use private companies. If your record is restricted, there is an additional step that is not automatic that can protect you and your criminal history from finding its way onto the internet and into the hands of potential employers. This process is known as petitioning the court to seal your records and can also be found under O.C.G.A. §  35-3-37(m).

There is another new and exciting law in place that truly helps individuals who have struggled with getting jobs over the years based on a conviction in their past. This is known as the Retroactive First Offender statute. To qualify, you must have been eligible for First Offender treatment, yet were not informed of it, and the prosecuting attorney must consent. If you were convicted of the crime or pled guilty to it in the past, Georgia only allows for record restriction if you are eligible under the Retroactive First Offender Statute.

We are experienced lawyers here to help. We know how hard it is to move on with your life when you have an arrest record or conviction holding you back. There are laws in place that help past offenders clean up their record and move on once and for all. If this is a new arrest, there are also several avenues to take if you are concerned about your criminal history and how it’s going to affect your career and your future. Call us today at 404-581-0999 for a FREE CONSULTATION to see how we can help with your criminal record.