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Behavioral Incentive Dates

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In Georgia, a person who is convicted of a felony for the first time and sentenced to straight probation, or less than 12 months imprisonment followed by probation, is entitled to receive a Behavioral Incentive Date (also known as a BID). A BID is a date that the court sets for the probation to end early, provided that the individual has successfully completed their probation and not violated any terms of their probation.

When a person is convicted of a felony for the first time or is charged with a felony and enters a plea under the First Offender Act or conditional discharge, Georgia law says that the judge must include a BID that is no more than 3 years from the date that the sentence is imposed. (O.C.G.A. § 17-10-1 (a)(1)(B)(i)). A brand-new Georgia Court of Appeals case clarifies that even when a person is convicted of their first felony and chooses not to use their First Offender, the judge must include a BID. (Smalley v. State).

What does this mean for a person facing felony charges?  This means that if you are facing felony charges and sentenced to probation, the court MUST include a BID and that BID may not be more than 3 years from the date you are sentenced. So, for example, if you are sentenced to 10 years probation for your first ever felony, the judge must include a BID date and, if you successfully complete the terms of your probation and don’t have any probation violations, your probation will end on that BID.

It is important to have an attorney who understands things like Behavioral Incentive Dates when they are negotiating with prosecutors. The lawyers at W. Scott Smith are experienced at fighting to protect their clients and ensure that clients receive the best possible outcome for their case. If you are charged with a felony in Dekalb, Fulton, Gwinnett, Clayton, Rockdale, Henry, Cobb, or Cherokee County, call the Law Office of Scott Smith today for a free consultation and to find out how you can leverage the law regarding Behavioral Incentive Dates to your advantage.

Statutory Rape in Fulton County

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Statutory Rape in Fulton County is a serious crime in Georgia. O.C.G.A. § 16-6-3 defines Statutory Rape as engaging in sexual intercourse with any person under the age of 16 years old who is not your  spouse.

Statutory Rape requires corroboration and cannot stand solely on the unsupported testimony of the victim.

In Georgia, it is not a defense to Statutory Rape that the accused believed the victim was of the age of consent.

Many people have the idea that if they have consensual sex, then they did not break the law. That is not true.  Individuals who commit statutory rape in Georgia can face serious felony charges. In addition to a prison sentence, a person faces being put on the Sex Offender Registry and has limits on housing and job opportunities and loses their right to vote and own a firearm.

To be convicted of Statutory Rape, it is not necessary to fully penetrate the vagina or to rupture the hymen. Only slight penetration of the vulva or labia is sufficient. Proof of force is unnecessary for statutory rape.

If you are arrested in Fulton County for Statutory Rape, you will see a Magistrate judge the following day at 11am. At this initial court date, the Fulton Magistrate Judge will read the warrant to you and may consider bond. If bond is not given at first appearance, you will be reset to a preliminary hearing and bond hearing date in front of another Fulton County Magistrate judge.

The punishment for Statutory Rape is very serious. O.C.G.A. § 16-6-3 mandates that the sentence be from 1 to 20 years in prison. If the defendant is 21 years or older, then the mandatory sentence is 10 years up to 20 years in prison with at least one year on probation. If the victim is at least 14 years old but less than 16 years old and the person convicted is 18 years old and is no more than 4 years older than the victim, then it is a misdemeanor and a maximum of 12 months in custody.

If the defendant is over 21 and convicted of statutory rape, he or she cannot plead under the First Offender Act.

If you face charges in  Fulton County for Statutory 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 Sex Offenses. You must protect your rights and take this matter very seriously.

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.