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How do I get out of Clayton County Jail?

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I’ve Been Arrested…

You are in handcuffs and headed to the Clayton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. The Clayton County jail is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Clayton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Clayton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at the Clayton County jail are being recorded. Just focus on getting someone to help get you out of jail.

You will need to get paperwork filed with the DA’s office, on a serious felony, for them to pull the file and consider a consent bond.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning.

Your loved ones should plan on going to the Clayton County jail about 30 minutes before court starts. The jail is located at 9157 Tara Blvd, Jonesboro, Georgia 30236.

Can I get a bond?

The Clayton County Magistrate Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a  Clayton Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Clayton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Clayton County Superior Court judge, you will get a court date that will be in the Clayton County Courthouse. The Clayton County Courthouse is located at 9151 Tara Blvd, Jonesboro, Georgia 30236.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Clayton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Clayton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Clayton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Clayton County is to post a property bond. In order to post a property bond, you would need to speak to the Clayton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Clayton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Clayton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

 

Georgia Criminal Law – Justification as a Defense

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As an affirmative defense, the fact that a person’s conduct is justified under the law is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed:

(1) When the person’s conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26;

(2) When the person’s conduct is in reasonable fulfillment of his duties as a government officer or employee;

(3) When the person’s conduct is the reasonable discipline of a minor by his parent or a person in loco parentis;

(4) When the person’s conduct is reasonable and is performed in the course of making a lawful arrest;

(5) When the person’s conduct is justified for any other reason under the laws of this state, including as provided in Code Section 51-1-29; or

(6) In all other instances which stand upon the same footing of reason and justice as those enumerated in this article.

Raising an Affirmative Defense

With respect to any affirmative defense authorized under Georgia law, unless the state’s evidence raises the issue invoking the alleged defense, the defendant, to raise the issue, must present evidence of an affirmative defense. See O.C.G.A. § 16-1-3(1).

In order to raise an affirmative defense, a criminal defendant need not “admit” anything, in the sense of acknowledging that any facts alleged in the indictment or accusation are true. Rather, in asserting an affirmative defense, a defendant may accept certain facts as true for the sake of argument, and the defendant may do so for the limited purpose of raising the specific affirmative defense at issue. A defendant is entitled to a requested jury instruction regarding an affirmative defense when at least slight evidence supports the theory of the charge, whether in the state’s evidence or evidence presented by the defendant, and regardless of whether the theory of the affirmative defense conflicts with any other theory being advanced by the defendant.

Deadly Force by Law Enforcement Officers

Georgia’s statute on the use of deadly force provides that law enforcement agents may use deadly force to apprehend a suspected felon only (1) when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (2) when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or (3) when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. This statute does not prevent sheriffs or peace officers from using reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.

Good Samaritan Defense

In 2014, there were numerous incidents where children, who were left inside hot, locked motor vehicles, were injured or died. In order to encourage the rescue of children in these situations, the General Assembly made it clear with the amendment of O.C.G.A. § 16-3-20(5) in 2015 that individuals who damaged and entered such motor vehicles in order to rescue children from injury or death would be justified in doing so and would have a defense to criminal prosecution.

Serious Violent Felonies under Georgia Law

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Georgia law provides for the most serious violent offenses known as the “Seven Deadly Sins.” These are the most heinous crimes in our society and, as such, have specialized punishment including mandatory minimum punishment and limited eligibility for parole. This article will list the serious violent felonies as proscribed by law and detail the punishment surrounding them.

Seven Deadly Sins

O.C.G.A. § 17-10-6.1(a) lists the “Serious Violent Felonies” in Georgia criminal law:

  • Murder, Felony Murder
  • Armed Robbery
  • Kidnapping
  • Rape
  • Aggravated Child Molestation
  • Aggravated Sodomy
  • Aggravated Sexual Battery

If convicted of any of these offenses, the sentencing court is required to impose no less than the statutory minimum sentences of imprisonment. O.C.G.A. § 17-10-6.1(b).

Mandatory Minimum Sentences of Imprisonment

10 years imprisonment

  • Armed Robbery
  • Kidnapping (victim 14 years or older)

25 years (followed by probation for life)

  • Kidnapping (victim under 14)
  • Rape
  • Aggravated Child Molestation
  • Aggravated Sodomy
  • Aggravated Sexual Battery

Life

  • Murder, Felony Murder

 

Eligible for Parole?

  • Defendants sentenced to 10 years confinement must serve all 10 years and is not eligible for parole
  • Defendants sentenced to 25 years confinement must serve all 25 years without possibility of parole
  • Defendants sentenced to Life is parole eligible after 30 years
  • Defendants sentenced to death whose sentences is commuted to life is parole eligible after 30 years
  • Defendants sentenced to life without parole will never receive parole

O.C.G.A. § 17-10-6.1(c)(1) – (4).

First Offender Treatment is not available to any of the Serious Violent Felonies.

Contact Us

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.

 

 

 

 

Homicide, Murder, and Manslaughter Charges in Georgia

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In our criminal justice system “homicide” is a broad umbrella term which encompasses different types of specific crimes. Homicide is generally defined as the killing of another person without justification or defense. This blog article aims to explore the different types of homicides under Georgia law.

 

Murder

 

O.C.G.A. § 16-5-1 sets out the ways a person can commit the offense of murder and second-degree murder.

 

  • A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

 

Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

 

  • A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.

 

This is also referred to as “felony murder.”

 

  • A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.

 

Punishment if Convicted

 

A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.

 

Manslaughter

 

In Georgia, manslaughter can be either voluntary or involuntary.

 

Under O.C.G.A. § 16-5-2, a person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

 

Essentially, the law recognizes that a person can become so inflamed by passion or provoked to a certain degree that it negates the mental state of “malice” found in murder charges. Because there is no malice, a jury is authorized to convict a person on the lesser offense of voluntary manslaughter.

 

Examples of sufficient provocation or irresistible passion have been held to include adultery (Raines v. State, 247 Ga. 504 (1981)) and battered person syndrome (Paslay v. State, 285 Ga. 616 (2009)). Evidence of anger alone is not sufficient to set aside malice. It is also important to note there can not be a “cooling off” period between the provoking act and the killing.

 

A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.

 

Pursuant to O.C.G.A. § 16-5-3, A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony.

 

In the situation of an unlawful act, upon conviction thereof, the person shall be convicted of a felony and punished by imprisonment for not less than one year nor more than ten years.

 

A person also commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

 

Here, during the commission of a lawful act in an unlawful manner, upon conviction thereof, the person shall be punished as a misdemeanor.

 

Contact Us

 

Homicides are investigated aggressively by law enforcement. These crimes are extremely serious. If you or someone you know has been charged with a crime involving the death or another, please contact our office today at 404-581-0999 for a free consultation.

Self Defense: Are you immune from criminal prosecution?

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The police put you handcuffs for shooting another person. You are on your way to the county jail. You know you acted in self-defense and want a jury trial. But before your jury trial, you are entitled to a hearing to see if you are immune from criminal prosecution. 

O.C.G.A. 16-3-24.2 authorizes a pre-trial hearing to decide if a defendant is immune from criminal prosecution. You must first file an immunity motion requesting a hearing. To avoid trial, a defendant has the burden of proof that he is entitled to immunity. The standard of proof is by a preponderance of evidence.

If the trial judge finds that you have met the burden of proof regarding self-defense, then your indictment is dismissed, and the State cannot continue to prosecute you.

Two Chances

If the defendant cannot meet its burden regarding self-defense at an immunity hearing, he can still argue self-defense at trial. You get two shots at winning your case. First, argue self-defense at an immunity hearing. If you lose, argue self-defense to a jury at trial.

At the immunity hearing, the defendant would call witnesses, present evidence and persuade the judge that he was acting in self-defense. The judge must employ O.C.G.A. 16-3-21(a) to make the finding. This section requires the judge to make a finding of justification based on evidence of the defendant’s reasonable belief that the use of deadly force against the other person was necessary to prevent the defendant from dying or being seriously injured.

If the judge makes such a finding, then the case is over.

If you are being charged with a crime but believe that you had to act in self-defense to avoid death or serious injury, then call our office and let’s discuss whether an immunity motion is proper in your case.

We can meet you at any time at either our Atlanta or Marietta office. Please call us at 404-581-0999 or email me at mike@peachstatelawyer.com

VIDEO – Murder Defenses in Georgia

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by W. Scott Smith and Ryan Walsh

You’re watching this today because you or your loved one has been arrested for murder. That’s a tough word, murder, the most serious crime you can be charged with in our justice system. A charge that carries with it a life sentence, or possibly worse.

But remember, an arrest is not a conviction. The key to defending someone arrested with murder is to find representation quickly. Finding an attorney to handle your case as soon as possible could be the difference between an acquittal and conviction.

There are only four possible defenses to a murder case. (1)You weren’t there and you have an alibi as to where you were when it happened. (2)You were there, but someone else did it and you didn’t participate. (3)You did it, but you did it in defense of yourself, in defense of others, or in defense of your property. (4)And finally, you did it, and the person needed to be killed. That’s it. Those are the four defenses.

An attorney who is hired as soon as possible after arrest can begin their investigation into the case to find the defense that fits the facts of the case.

An attorney can ask the right questions to prevent evidence that may be lost over time due to lapses in memory,  the loss of witnesses, or destruction of evidence.

Attacking the case early is the key to getting these serious charges dismissed, reduced to less serious charges like voluntary and involuntary manslaughter, or getting a not guilty verdict after trial.

Our office of experienced criminal defense attorneys with murder experience will make visits to jails all over Georgia in representation of our clients. It is important to not discuss the case with anyone in custody over the phone as the jail records those calls and will use them against you at trial.

Call us today for a free consultation. We’re available twenty four hours a day, seven days a week. We’re here to help you in your time of need. Thank you.

 

Making A Murderer: Pointing the Finger in Georgia

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MAKING A MURDERER: Pointing the Finger in Georgia

The Netflix documentary Making a Murderer brought to light several issues with our justice system. Two of the most important issues a defense attorney has to overcome is the “presumption of guilt” presented by the media, and the loss of exculpatory evidence caused by poor police investigations.

“Presumption of Guilt”

“All due respect to counsel, the state is supposed to start every criminal trial swimming upstream. And the strong current against which the state is swimming is the presumption of innocence.” – Dean Strang, co-defense counsel for Steven Avery.

Many times, the media will broadcast inflammatory stories regarding pending investigations. Regardless of the truth of the stories, they tend to irreparably tamper with the minds of the prospective jurors months or even years before the trial begins.

The law requires jurors to give the defendant the presumption of innocence, but many jurors are already biased against the defendant because he has been charged with a crime and is seated at the defense table. High-profile cases present an additional hurdle because the jurors have already heard many untrue facts about the case from the media.

We rarely encourage clients to make statements to police or media since those statements can be used against them at trial. In fact, the best way to truly prove one’s innocence to the public is to have a jury find you NOT GUILTY. However, every case is unique, and we use our experience with high-profile cases to develop a plan to counteract this media bias. Recently, our firm counseled Marcus Lewis, the Uber driver who was wrongly accused, and advised him to speak with the police with our support. He was exonerated in less than 24 hours, and no charges were ever filed from the police. Learn more about that case here: http://www.11alive.com/story/news/crime/2015/12/29/uber-driver-defends-reputation-after-social-media-allegations/78031302/

It Was the Other Guy

In Making a Murderer, Steven Avery’s attorneys were unable to accuse any specific person of committing the murder. Instead, they had to focus on the poor investigation conducted by the police in general. The Judge limited Steven’s defense due to Wisconsin law. There, a defendant cannot point their finger and allege that a third party committed the crime unless he can present evidence of the third party’s motif, opportunity, and a direct connection between the third person and the crime charged.

In Georgia, the standard is much lower than that in Wisconsin. The defense here only has to present evidence that “renders the desired inference that [the other guy] committed the crimes . . . more probable than would be that inference without the evidence.” Henderson v. State, 255 Ga. 687, 689 (Ga. 1986). All the defense needs is enough evidence “to raise a reasonable doubt of defendant’s guilt in the mind of a juror.” Essentially, the defense needs to present the jury with an alternative that makes a single juror question whether it is possible the defendant did not commit the crime, and that someone else did.

Even though Georgia has a lower standard than Wisconsin, it can still be tough to gather evidence that someone else committed the crime when the police have conducted a careless investigation. In these situations, it is imperative that we get involved as early as possible to ensure that we are able to do our own investigation and gather our own evidence before it is too late. If you have been charged with a crime, please contact our office today at 404-581-0999 for a FREE CONSULTATION in our office so that we can begin working on your case immediately.

SB-440

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Being Charged as an Adult in Georgia

Part 1: SB-440: Automatic Transfers to Superior Court

 In 1994, Georgia enacted State Bill 440 (more commonly referred to as SB-440) to “provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court. This SB-440 law granted adult courts exclusive jurisdiction over criminal cases involving juveniles (ages 13-17) who are charged with one or more of the following “Seven Deadly Sins”:

  1. Murder
  2. Armed Robbery with Firearm
  3. Rape
  4. Voluntary Manslaughter
  5. Aggravated Sexual Battery
  6. Aggravated Sodomy
  7. Aggravated Child Molestation

 

O.C.G.A. 15-11-560(b)

In essence, juveniles (age 13-17) charged with one of the above-mentioned crimes in Georgia will automatically have his or her case  transferred from juvenile court to superior court, where he or she will be charged, tried, and punished as an adult. If convicted and sentenced to prison, the juvenile will not be sent to a Youth Detention Facility through Georgia’s Department of Juvenile Justice. Instead, the juvenile will be housed with other juvenile inmates in the custody of Georgia’s Department of Corrections until he or she reaches the age of 17 and is thrown into the general prison population.

Occasionally, at the discretion of the prosecutor, a SB-440 case may be transferred back to juvenile court after “after investigation and for cause” if the case has not been indicted yet. By contrast, after indictment, a SB-440 case can only be transferred to juvenile court for “extraordinary cause.” O.C.G.A 15-11-560(d), O.C.G.A. 15-11-560(e). Therefore, time is of the essence when it comes to advocating for the case to be transferred back to juvenile court.

If you know someone charged as an adult with an SB-440 crime, PLEASE contact us at the Law Offices of W. Scott Smith. We would be happy to help you with your case and answer any and all of your questions about juveniles charged as adults.