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Civil Forfeiture – What does it mean?

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Unfortunately you got stopped by the police while driving and you had something in your car that was illegal that resulted in your arrest – maybe your stash of THC cartridges, some loose leaf marijuana, and the cash you had been saving up.  Your main concern is of course the pending criminal case against you, but did you know the state can also seize the drugs, cash and even your vehicle?

It’s called civil forfeiture, and it’s legal in Georgia under the Uniform Civil Forfeiture Procedure Act.  The State can seize any assets it claims were used in furtherance of the illegal activity.  So what do you do?  You need to protect yourself in the criminal case and also in the civil forfeiture case.  You’ll know your property has been seized because you’ll be given a Notice of Seizure either by the police at the time of your arrest, or recently after.  Timing is important here, because you have only 30 days to notify the prosecutor’s office that you are asserting a claim on the property.  During this time you’ll want to gather all the documentation you have to show that your seized property was not used in furtherance of the illegal activity.  This could be proof of purchase of the vehicle, pay stubs from your employer, etc.  A knowledgeable attorney can file the notice of your claim with the proper documentation, ensuring that it gets to the right people.

From there the State will serve an official document on you called a Complaint.  They must do so within 30 days of receiving the notice of your claim.  Once you have been served with the Complaint, you then have only 30 days to respond by filing what is called an Answer.  Once all the paperwork is submitted, the court will hold a bench trial, usually within 60 days, to determine if your property should be returned to you.

This is a multi-step, technical process, and our law firm can help you navigate it to get your property back.  If you’re facing a criminal case with civil forfeiture of your property, call the Law Offices of W. Scott Smith at 404-581-0999 for a free consultation.

Initial (First) Appearance in Georgia Criminal Cases

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An “initial appearance” is an accused’s first face-to-face encounter with a judge after arrest. The purpose of an initial appearance is to inform the accused of the nature of the charges and advise him/her of their basic rights.

The initial appearance may also serve as a probable cause hearing if the person was arrested without a warrant and no arrest warrant is secured prior to the initial appearance. However, getting an arrest warrant within 48 hours after a warrantless arrest satisfies this probable cause requirement.

Police making an arrest without a warrant shall bring the arrested person in front of a judge within 48 hours after the arrest. O.C.G.A. § 17-4-62.

Police making an arrest with a warrant shall bring the arrested person in front of a judge within 72 hours after the arrest. O.C.G.A. § 17-4-26. These time limitations include weekends and holidays.

Failure to meet these time requirements may result in the release of the arrested person through a writ of habeus corpus under O.C.G.A. § 17-4-62. The failure to provide a timely first appearance, however, will not prevent the State from prosecuting the case.

At the initial appearance the judge shall:

  • Inform the accused of the charges
  • Inform the accused of their Miranda rights
  • Determine whether the accused wants a court appointed attorney and how to obtain one
  • Inform the accused of their right to a committal (probable cause) hearing, unless waived by getting bond
  • In the case of a warrantless arrest, make a probable cause determination
  • Inform accused of right to grand jury indictment or accusation
  • Inform accused of when grand jury will next convene
  • Inform accused of right to jury trial
  • Inform accused of right to waive rights and plead guilty
  • Set bail unless offense is only bailable by superior court judge

Importantly, a defendant’s volunteered statements at the initial appearance may be admissible against the accused at trial. The accused person is NOT entitled to an attorney at the initial appearance because the initial appearance is not considered a “critical stage” in the criminal justice process. Gerstein v. Pugh, 420 U.S. 103 (1975).

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If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

 

 

High and Aggravated Misdemeanor Criminal Charges in Georgia

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A person who pleads guilty to a criminal offense or is convicted after a trial will be sentenced to punishment by the judge who handled the proceedings. Judges have broad discretion in imposing sentences. These sentencing decisions are based on sentencing statutes and crime specific statutes, and plea bargains.

 

Under O.C.G.A. § 17-10-3(a)(1), misdemeanors are generally punishable up to 12 months in jail and a $1,000 fine or both.

 

But, the law recognizes certain offenses and offenders ought to receive a more serious misdemeanor punishment. These crimes are punishable as “High and Aggravated” misdemeanors.

 

If a person is convicted of a high and aggravated misdemeanor the judge may sentence the person to a maximum of 12 months in jail and up to a $5,000 fine or both. O.C.G.A. § 17-10-4(b).

 

We can see the big difference between the two is the increase in fine amount. But what most people don’t know is that if you are convicted of a high and aggravated misdemeanor are only entitled to 4 days of good time credit per month instead of receiving 2-for-1 credit.

 

For example, a person convicted of criminal trespass who is sentenced to 30 days in jail may be released on good behavior after serving only 15 days. But for a high and aggravated misdemeanor (perhaps a 3rd DUI in ten years), the person would have to serve 26 days of the 30 day sentence before being released on good behavior.

 

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If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

 

 

Georgia Criminal Law Blog – Top 5 Mistakes People Make in Municipal Court

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Regardless of the severity, answering to criminal charges in court can be a intimidating. Imagine yourself in the courtroom. The judge calls your name, reads your charge(s) aloud to the entire room, and asks you how you plead. “Guilty, not guilty, or nolo?” the judge says. You might think to yourself, ‘I have no idea; are those my only options? What should I do?’

Far too often, I see people make snap judgements on their case without any idea of the true nature or consequences or their decision to the above question. This blog article will discuss the top five mistakes people make in the courtroom regarding their case and hopefully provide some insight on how to appropriately and intelligently handle your case.

Mistake #1 – Not Showing Up for Court

This may seem obvious to many, but you would be surprised at the number of individuals who fail to appear at their court date. While some people may think not appearing for their ticket in municipal court is no big deal, a “failure to appear” has serious consequences. First, in most jurisdictions, failing to appear at your court date will cause a “bench warrant” to be issued for the person’s arrest. This means you will be arrested, brought to jail, and kept there until the bench warrant is recalled or you resolve your case. Another consequence of failing to appear to court is a “bond forfeiture.” A bond is money or property used as collateral to guarantee your presence in court. If you don’t show up, your bond money is gone.

Mistake #2 – Blindly Pleading Guilty or Nolo Contendere

Mistakes happen, and sometimes pleading guilty or nolo contendere is the best way to resolve a case. But, all too frequently, I see people pleading guilty or nolo without really understanding the nature of the offense, the terms of their sentence, or the collateral consequences of entering a plea; all in order to just get the case over with.

Consider the following situation. A 20 year old person is charged with unlawfully passing a school bus. If convicted of this misdemeanor offense, punishment can include up to 12 months in jail or probation, $1000 in fines, community service, defensive driving school, and any other condition a sentencing judge finds necessary. This is also a six point offense on your license. The 20 year old enters a nolo plea on the first court date to get it over with.

What the 20 year old doesn’t know is that for a person under 21 years of age, there will be an automatic 6-month license suspension. Furthermore, a nolo plea (available once every five years) is useless in this situation as it will not prevent the offense from being reported to DDS.

Mistake #3 – Not Having a “Pre-Trial Conference”

Not having a “pre-trial conference” is one of the biggest and most common mistakes people make while in municipal court. By telling the judge you want a “pre-trial conference” you are signaling to the judge that you want to have a conversation with the prosecutor to negotiate the case in order to reach a resolution. You should always have a pre-trial conference.

Here is how to conduct a pre-trial conference:

  • Politely introduce yourself
  • Politely ask the prosecutor what their recommendation / offer is
  • If the offer is acceptable, thank the prosecutor for their discretion
  • If the offer is unacceptable, see if you can get a better offer
    • Without admitting guilt, try to get certain charges or conditions reduced or dismissed
    • Without admitting guilt, explain the situation or reason for the violation or present mitigating evidence if you feel you are losing the negotiation

It is important to understand: anything you say to the prosecutor about your case can be used against you later on.

Mistake #4 – Not Requesting a Jury Trial

Let’s use another example. A 30 year old male is wrongly arrested for DUI – Less Safe. After appearing in court and having a pretrial conference, the prosecutor will not dismiss or reduce the case. The judge then asks the man, “guilty or not guilty?” The man pleads “not guilty.” The judge then asks whether the man wants a bench trial or jury trial. What should the man do?

The answer is jury trial. A bench trial will be held in the municipal court where the judge, not a jury, will decide guilty or not guilty. A jury trial will remove the case from municipal court, and “bind the case over” to the State court in the county where the municipal court sits. A jury trial is preferred over a bench trial because: (1) the state needs to prove the case to six people rather than one; (2) there are opportunities to suppress evidence and otherwise litigate the case in State court where there may not be in municipal court; (3) jurors can better relate to DUI offenses than most judges; (4) the State court prosecutors may not “accuse” the case or may be willing to dismiss or reduce; and (5) the delay created by the bind over may benefit the case (witness memory or unavailability).

Mistake #5 – Not Having a Lawyer

All four of the above mistakes can be avoided if the person accused obtains legal counsel. An experienced lawyer will ensure you appear to court when necessary, can effectively negotiate the case, will properly advise clients of all of their options and consequences in accepting or rejecting a plea, understand the strategical considerations of when to bind over a case, and can provide peace of mind to the arrested individual. The United States  and State of Georgia Constitution guarantee a person facing criminal charges the right to counsel, private or public. While certainly some cases can be effectively handled without an attorney, there is an enormous benefit in being represented for a criminal case, no matter how big or small.

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If you or someone you know is facing criminal prosecution, please contact our office today at 404-581-0999 for a free consultation. Our firm has specialized knowledge and experience in handling criminal cases in multiple jurisdictions across Georgia.

Georgia Criminal Law: Stalking and Aggravated Stalking

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Statutory Law

O.C.G.A. § 16-5-90(a) provides that “[a] person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.”

“Contact,” has been broadly defined as, “any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.”  

Furthermore, “harassing and intimidating,” is defined as, “a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. 

A person who commits the offense of stalking is guilty of a misdemeanor (up to 12 months in jail and $1,000 fine or both). If convicted of stalking a second time (or any subsequent conviction) the person will be punished as a felony and can be sentenced to at least one year in jail and no more than ten years in jail.

A person who commits the offense of stalking (as defined above) in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection is guilty of aggravated stalking.

Aggravated stalking is a felony punishable by imprisonment no less than one year, but no more than ten years and a fine not greater than $10,000.

Case Examples

In, Wright v. State, 292 Ga. App. 673, 665 S.E.2d 374. (2008), the evidence in this case was insufficient to support an aggravated stalking conviction. The defendant and the “victim” had a lengthy on-and-off relationship. The incident in question did not involve “a pattern of intimidating and harassing behavior that placed the woman in reasonable fear for her safety.” OCGA § 16-5-90(a)(1).

Similarly, in Autry v. State, 306 Ga. App. 125, 701 S.E.2d 596 (2010), the defendant was charged with stalking. The evidence showed that he was parked in a parking lot and watched a woman enter and then exit a store. He then followed her to another store, where she entered and exited. He then followed her briefly, but drove in a different direction eventually. This evidence did not suffice to sustain a stalking prosecution. The conduct did not amount to a pattern of harassing and intimidating behavior.

In a juvenile case, a police officer and the juvenile had a previous run-in. The juvenile, a passenger in a pick-up, was seen pulling into the officer’s driveway, waiting a few minutes and then leaving. This evidence did not support a stalking conviction. In re C.C., 280 Ga. App. 590, 634 S.E.2d 532 (2006).

In, Bradley v. State, 252 Ga. App. 293, 556 S.E.2d 201(2001), the defendant threatened the victim and was arrested. A restraining order was entered barring him from contacting the victim again. Subsequently, the defendant and the victim ignored the restraining order and contacted each other. Later, the victim called the police and complained that the defendant was at the apartment and threatened her. The defendant’s conviction for aggravated stalking was affirmed. The fact that the parties ignored the restraining order for a period of time did not vitiate the order or immunize the defendant from prosecution for violating the order. The violation of the restraining order was a “public wrong” that may not be condoned by the victim.

A person may commit the offense of aggravated stalking even if the victim is not aware of the defendant’s actions. In this case, in violation of the defendant’s bond order, he went to the victim’s house and looked in the garage. The victim was not aware that he had done so. Nevertheless, this conduct amounted to aggravated stalking. Jagat v. State, 240 Ga. App. 822, 525 S.E.2d 388 (1999).

In, Jerusheba v. State, 226 Ga. App. 696, 487 S.E.2d 465 (1997), the defendant’s conduct was sufficient to convict the defendant of stalking where the defendant sent numerous letters to the victim that were lurid, detailed and graphic descriptions of his sexual aspirations concerning the victim, with whom he had no prior relationship of any substance (they saw each other on the bus, occasionally).

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If you or someone you know has been arrested for stalking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here

Georgia DUI Law: How a DUI Becomes a Felony

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The vast majority of DUI arrests are charged as misdemeanors in Georgia. There are certain circumstances, however, that will cause the DUI charge to be elevated from a misdemeanor to a felony. This article serves to explain the three major ways a driver in Georgia could obtain a felony DUI charge.

Multiple Prior DUI Convictions

A fourth DUI arrest within a ten year period[1] that results in a conviction is punishable as a felony. A first, second, or third DUI conviction in a ten year period will be treated as a misdemeanor, although the third conviction will be a high and aggravated misdemeanor.

If convicted of a fourth offense within a ten year period, the judge has the authority to impose a prison sentence between one and five years (all of which may be on probation except 90 days).

Causing Serious Injury or Death

You can be charged with a felony if you seriously injure another person while driving under the influence. Under O.C.G.A. 40-6-394(b), “[a]ny person who, without malice aforethought, causes an accident that results in bodily harm while violating Code Section 40-6-390 or 40-6-391 commits the crime of serious injury by vehicle. A person convicted of violating this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.” Bodily harm is defined as, “an injury to another person which deprives him or her of a member of his or her body, renders a member of his or her body useless, seriously disfigures his or her body or a member thereof, or causes organic brain damage which renders his or her body or any member thereof useless.”

Similarly, “[a]ny person who, without malice aforethought, causes the death of another person . . . [while driving under the influence] shall be punished by imprisonment for not less than three years nor more than 15 years. O.C.G.A 40-6-393.

High Risk Operator

The law recognizes people who are convicted of DUI should be punished more severely because they are transporting children at the time of impaired driving. This occurs in two ways.

A third conviction of DUI child endangerment will result in a felony charge. This offense is punishable by one to five years imprisonment and a fine of $1,000 to $5,000.

Finally, under O.C.G.A. 40-6-391.3, a school bus driver convicted of DUI while driving a school bus is punishable as a felony. The school bus driver will face a one to five year prison sentence and a fine between $1,000 and $5,000.

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If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

[1] Measured from the dates of arrest (but only since July 1, 2008). Arrests resulting in convictions prior to this date do not apply towards the total number of arrests for this purpose.

Georgia Law: Nolo Contendere Plea

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Georgia law allows individuals to enter this special type of plea once every five years. This article serves to explore the meaning of this plea, its effect, who can use it, and when to use it.   

Nolo Contendere Defined

Nolo contendere literally means, “no contest.” By entering this plea, although you acknowledge there may be enough evidence to convict you of the alleged crime, you are technically not admitting guilt. It is important to note the nolo contendere plea (also called “nolo”) acts as a conviction. Additionally, a nolo plea will not reduce punishment ordered by the sentencing judge, you will have the same punishment as if you had plead guilty.

The Benefit of a Nolo Plea

If a nolo plea acts as a conviction, then what separates it from a guilty plea? A nolo plea to certain traffic offenses prevents the conviction from being reported to DDS. As a result, no points will be assessed to your license. But, whether your insurance company raises your insurance rates is uncertain as every insurance company has different terms and conditions.

Commercial Driver’s License (CDL) Holders and Nolo Pleas

Unfortunately, a nolo plea does not prevent a commercial driver’s license from being suspended or disqualified. CDL holders are held to a higher standard than the general public because commercial vehicles pose a greater risk to the public (they are much larger and more difficult to operate) than non-commercial vehicles. As a result, a nolo plea has no value to a CDL holder; the CDL holder should contact an experienced attorney to get the case dismissed or reduced to a non-reportable offense.  

Drivers Under 18 and 21 Years Old

Drivers under the age of 18 are unable to use a nolo plea. The law seeks to hold young drivers accountable for traffic violations to deter them from future offenses. Those under 18 should also consider hiring a lawyer to get their case dismissed or reduced to a non-reportable offense. Drivers under the age of 21 can use a nolo plea, but it rarely helps. For the following offenses provided under O.C.G.A. § 40-5-57, a nolo plea will not avoid a license suspension for drivers under the age of 21:

  • Reckless Driving;
  • Aggressive Driving;
  • Escaping or Fleeing Using a Motor Vehicle;
  • Racing;
  • Improper Passing on Hill or Curve;
  • Unlawful Passing of a School Bus;
  • Hit and Run / Leaving the Scene of an Accident; and
  • Exceeding the Speed Limit by 24 mph or greater

When to Use a Nolo Plea

For those drivers above the age of 21, a nolo plea can be very useful in many different circumstances. Nolo pleas are generally useful in driving without insurance, driving with a suspended license, and hit and run cases. That being said, it is still generally good practice to consult an attorney to determine whether you should use a nolo plea or try to get the case dismissed or reduced to a non-reporting offense, thereby saving your nolo plea (remember, you can use it only once every 5 years).

You do not want to use a nolo plea for minor traffic offenses where the case could be dismissed or reduced to a non-reporting offense. Examples include but are not limited to: failure to yield, speeding (over 14mph the limit but not super speeder), improper turn, following too closely, failure to maintain lane. A lot of times, prosecutors will dismiss the case if you successfully complete a driving course or something similar. You also do not want to use a nolo plea where other alternative sentencing options are available, such as: pre-trial diversion, conditional discharge pleas, or some type of informal agreement to dismiss. These are common in marijuana possession cases, minor in possession cases, and shoplifting cases if you have no prior criminal history. Lastly, you should not use a nolo plea on a traffic charge that would not show up on a Motor Vehicle Report because it would not be reported to DDS. Examples include but are not limited to: too fast for conditions, basic rules violations, speeding (14 mph or less above speed limit), expired registration, and parking tickets.

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

What do you do if you are arrested for child molestation in Fulton County?

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If you or a loved one is arrested for child molestation in Fulton County, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

The Fulton County District Attorney’s office has a dedicated division called the Crimes Against Women and Children Unit. They will vigorously prosecute you if you are charged with child molestation. 

Do not think that just because you are innocent that the charges will be dismissed. Child molestation charges are aggressively prosecuted in Fulton County and the police believe children who make the accusations.

Make sure your attorney has had jury trials in child molestation cases and has won these cases. Do not let an attorney handle your case who does not specifically handle child molestation cases.

The law may say you are presumed innocent but in child molestation cases, you have to prove your innocence.

Here is what you should do if arrested for child molestation in Fulton County.

  1. Hire an attorney – Make sure that attorney actually handles and tries child molestation cases. Most criminal defense attorneys do not handle child molestation cases. Make sure the attorney you talk to does regularly handles child molestation cases in Georgia.
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for child molestation, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
    1. Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    1. Witnesses – Immediately make a list of any person who you think might have information about this child molestation accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for child molestation in Fulton County.

  1. Never talk to the alleged victim or the family.
  2. Never have any contact with the alleged victim through a 3rd party or through social media.
  3. Never talk to law enforcement without an attorney present.
  4. Never talk to a child welfare agency or any other governmental agency without an attorney present.

If you are arrested for child molestation or any sex offense in Fulton County, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Smash and Grab Burglary in Georgia

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A Smash and Grab Burglary is one where a person intentionally enters a retail establishment with the intent to commit a theft, and causes damage in excess of $500.00 damages to the establishment without the owner’s consent. The most common form of a Smash and Grab burglary is done in a jewelry store where the glass cases are broken. However, all retail establishments are included under Georgia law, including restaurants. If a glass door is broken during a burglary, or a lock is broken, and it results in more than $500 in damage, you can be charged under the Smash and Grab statute in Georgia. This is true even if nothing is ever taken or stolen.

Smash and Grab burglaries are treated more harshly in Georgia than a regular retail burglary (which is known as Burglary in the 2nd degree in Georgia). For example, on a first offense for Smash and Grab, it is a mandatory minimum 2 to 20 years to serve and/or a fine of up to $100,000.  On a second conviction for Smash and Grab, the sentence will range of a minimum of 5 years in prison and up to 20 years or a fine of up to $100,000.  On the other hand, a Burglary in the 2nd degree is a lesser included offense, and has a mandatory minimum sentence of a year (versus two years on a first offense Smash and Grab).

Under Georgia law, eyewitnesses are not required for a conviction for burglary, and this includes a Smash and Grab burglary. Fingerprints, DNA on cigarette left nearby, surveillance footage, and even cell phone records showing the person near the scene can all be sufficient for a conviction. A seasoned attorney who has handled these unique cases will do a full case evaluation and may attack the methods of the investigation, as well as any cell phone records, search warrants, and forensic testing done by law enforcement.

If you or a loved one has been charged with Burglary in Georgia, including a Smash and Grab, call the Law Office of W. Scott Smith today for a free case evaluation at 404-581-0999.

Privacy Rights- Carpenter vs. United States

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by John Lovell

Last month, the United States Supreme Court ruled in favor of the privacy rights of individuals. The Government, without a warrant or a showing of probable cause, issued an order to a cell phone company to provide Timothy Carpenter’s cell site data. The Government sought to gather the extensive records, including the location of Carpenter’s phones. The Supreme Court, in a 5-4 decision, found that Mr. Carpenter had a privacy right in his phone records. For the Government to seize these records, the Government needed to present to a magistrate a warrant based on sworn testimony establishing probable cause. The Court noted that a significant factor causing the War for Independence was Britain’s use of warrantless searches … Americans have never been fond of warrantless searches!

Do not be quick to conclude that this ruling makes it necessary for the police to obtain a warrant for all types of stored records. Your privacy could still be affected. Previously, the Court has held that a warrant is not necessary to obtain records of the numbers called by a cell phone-not the content of the calls but just the fact that the “target” phone called particular numbers at particular times. The Court has also held that other stored records such as bank records may be obtained without a warrant. A couple of years ago, the Court ruled that a warrant is required to place a GPS tracking device on a vehicle. The critical distinction that the Court has made is in information that reveals the location of the subject. We have a greater expectation of privacy in where we are than is more typical records such as numbers called and even bank records. Protect your privacy rights today and call Peachstate Lawyer for your FREE consultation!