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First Offender Act

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First Offender Act: Retroactive Treatment

Many people make mistakes in their youth.   For some of us, those mistakes went without tremendous consequence, but for others their mistakes cost them their freedom and labeled them a criminal for the rest of their lives.  Our firm has met with Georgia residents that have criminal histories that continue to haunt them and their career prospects.   Several people had heard about expunging their records from either the internet or friends.  Unfortunately, not everyone was eligible for expungment and, until recently, there wasn’t much we could do.  But now, with the passing of a new law, there is hope for some non-violent offenses to be removed from someone’s record with the use of the First Offender Act.

Traditionally, the First Offender Act is a tool that can be used in a plea deal for certain non-violent offenses like theft or drug charges.   The First Offender Act gives a probationer the opportunity to complete probation in exchange for having the Judge withhold adjudication and seal the probationer’s record.   The purpose of the act is to allow Georgia citizens the ability to not have one mistake ruin their lives.    Unfortunately, not everyone was aware of the First Offender Act and some individuals may have entered guilty pleas without really understanding the long term consequences of a criminal history.  The Georgia General Assembly recognized the problem and passed a new law that would allow some individuals to retroactively petition the court for treatment under the First Offender Act.

In order to have the First Offender Act apply retroactively the petitioner would have to file a petition with the court and obtain permission from the both the prosecutor and the Judge to apply the First Offender Act retroactively.   The Judge then is required to schedule a hearing where the petitioner can introduce evidence of the progress they have made after their earlier conviction.   If the Judge grants the petition, then the petitioner’s criminal history will be sealed in accordance to the First Offender Act.

We were excited to hear the news of this new provision of the First Offender Act.   If you have been convicted of a crime and feel that you may be eligible to have your record sealed, call our office immediately at 404-581-0999.   Our lawyers can help answer any questions you may have about the First Offender Act.

Move Over Law

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MOVE OVER LAW

By Mary Agramonte J.D.

Georgia’s “move over” law is designed to keep officers, emergency workers, and first responders safe when they are stopped on the side of the road with their emergency lights flashing. The law was passed in 2003 to reduce the number of police officer and HERO fatalities that were occurring due to traffic crash responses. The “move over” law saves lives and makes sense, but unfortunately, too many Georgia motorists are unaware that it exists until they are slapped with a $500 fine.

Under O.C.G.A. § 40-6-16, Georgia law requires drivers to move over to the next lane if safely possible when passing a stationary emergency vehicle, towing vehicle, or recovery vehicle when their lights are flashing. If moving over is absolutely impossible, the law requires you to slow down to below the speed limit and be prepared to stop your car if necessary. Violations can result in a fine of $500 for the first offense. Once you factor in the court costs, however, this can put you well above $500, even if this was your first offense, and even if you had never heard of the law. Paying the fine on your citation means you are admitting you are guilty to the offense which raises a number of consequences.

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Mary Agramonte has her Juris Doctorate from Georgia State University.

A violation of this statute could cost you much more than the fine itself. A conviction for this traffic offense will also add 3 points to your driving record, and it will stay on your record forever. A driver who is over the age of 21 is allotted 15 points in a 24 month period before the Department of Driver Services will suspend a driver’s license. Points on your record also subject you to higher car insurance rates because your insurer believes you are more likely to file a claim than someone with lower points on their record. Getting just one traffic ticket can boost an average person’s auto insurance premiums by as much as 22 percent.

Additionally, violating Georgia’s move over law can be a basis for an officer to stop your vehicle which can lead to even more serious charges. Under both the Georgia and the United States Constitutions, an officer needs “reasonable articuable suspicion” to justify pulling your vehicle over for an investigative stop. Violating this statute gives the officers that power to stop you and investigate you, which ultimately can lead to a DUI arrest or the investigation of other potential and more serious crimes.

To avoid these repercussions of violating Georgia’s move over law, always drive attentively and don’t risk being pulled over or injuring the emergency workers on the side of road. If you see lights ahead, do all that you can to safely move over. If moving over safely is impossible, remember to slow down below the speed limit when passing emergency lights, and be prepared to stop. It can save lives, and it can save you money and the hassle.

If you have been charged with a violation of Georgia’s move over law, call our office and we can help you navigate the system. Our office has extensive experience in traffic violations and DUI defense. Fighting traffic tickets with an attorney’s help is important because any conviction on your record will greatly reduce the possibility of having future citations lowered or dismissed. Our firm can handle your traffic ticket case with the experience you need to save your record. Give us a call for a free consultation at 404-581-0999.

Bench Warrant

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Bench Warrant

Being arrested and having to show up for court can be stressful enough.  What’s even more stressful is missing a court date and knowing that there is a bench warrant out for your arrest.  Clearing a bench warrant is different in every jurisdiction, but there are a few common aspects of the law that can help in clearing a bench warrant.

First, it’s important to understand how a bench warrant is issued.  When a Georgia citizen is arrested and released from custody they are either given a court date at the jail or the person is told that a court date will be sent to them by mail.

Some cases, especially felony cases, are not immediately docketed with the court and it can take time before the courts add your case to the calendar.  In some jurisdictions that can mean months and even years before a court date is set up for your case.   Unfortunately, those court dates don’t always make it into your hand and if you missed your court date, then the Judge can issue a bench warrant for your arrest.   A bench warrant is warrant issued directly by the Judge for missing court.  A bench warrant instructs all law enforcement authorities to immediately arrest the person listed on the bench warrant and return them to court.Marietta-Office-Courtroom

So what do you do if you if you have a bench warrant?  Well, if you’re aware of a warrant it’s important to realize that it is unlikely that the warrant is going to go away on its own.  In fact, the warrant will remain until the Judge addresses the issue of why you missed court.   Because of that, it’s important to contact a lawyer immediately to address possible options.  Some jurisdictions will allow the attorney to discuss the case with the prosecutor and potentially resolve the warrant without you having to go back to jail.  In other jurisdictions, it will be on you to turn yourself in and allow your lawyer to work diligently on getting you in front of the Judge as soon as possible.

In some circumstances it can be shown that you did not in fact receive notice.  If the evidence shows that to be the case then the Judge would have the ability to lift the bench warrant and give you a new court date.  Or you may have been in custody in another jurisdiction and you were not able to make court because you were not transported to the courthouse. In those situations a lawyer can obtain a proof of incarceration and ask the Judge to lift the bench warrant immediately.   In any event, a lawyer can assist in helping lift a bench warrant and get you back to your loved ones as soon as possible.

Every courthouse is different.  It’s important to have a lawyer who knows how to effectively represent individuals with bench warrants.  At W. Scott Smith P.C., our lawyers have handled cases all over the State of Georgia and know the quickest ways to lift a bench warrant.  If you have an active bench warrant and need assistance, please call 404-581-0999 for a free consultation.

Overcharged

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The Prosecution Overcharged My Case!

            I have seen the prosecution overcharge cases on multiple occasions.  The prosecutor’s office will, at times, define your alleged conduct as something much worse than it is.  A misdemeanor will be elevated to a felony, for example, or a felony will be charged as one carrying much more punishment than it should.  That doesn’t sound like truth and justice, does it?

There can be several reasons for a case to be overcharged.  Until defense lawyers get involved, the prosecutors (who are human beings) hear only one side of the story.  The police or the complaining witnesses unload with their side and the prosecutor doesn’t hear a word to the contrary.  And, unfortunately, defense lawyers may not be involved until the case has already been accused or indicted.  (There are exceptions…especially when the lawyer is hired early in the process and there is some form of evidence to support an opposing position).  So, acting only on the word or evidence given by the complainant, the prosecutor files the accusation or indicts the case.  It is extremely important for the lawyer to be thorough when talking to the client and finding out, in detail, what the facts of the case are.

Another reason that cases might be overcharged is that the prosecution is already thinking ahead to plea bargaining.  One prosecutor explicitly told me that he added the biggest charge in the indictment in hopes that he would work a plea to the lesser charges without too much hassle.

Sad?  I think so.  I am convinced that the anxiety people experience leading up to the disposition of the case is twice as bad as whatever punishment may be inflicted.  So many of my clients have suffered long, sleepless nights, loss of their jobs, broken relationships, substance abuse, and many other side effects of being charged with a crime (please note that I did not say convicted of a crime).  That is yet another reason to go early in the process to talk with a lawyer who believes in the presumption of innocence and who treats each client like a unique, special human being.  We take on the burden of your case for you.  We provide you with honest feedback that can give you peace about the situation and, hopefully, enable you to think about everything else going on in your life.  I like to think that my clients are able to dump the burden of the pending case on me and put their time and energy towards their kids, their jobs, their significant other, their hobbies, and everything else going on in their lives.

In my next blog, I will discuss some ways to combat overcharging by the State.

Always feel free to call us with any questions about your case.  You will get to speak with an attorney free of charge.  (404) 581-0999.

Peach State Lawyers Practice in Avondale Estates Municipal Court

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Avondale Estates. That small town center that looks like it’s taken straight out of the European countryside is home to Avondale Estates Municipal Court. If you’ve been pulled over by an Avondale Estates officer for a traffic misdemeanor or city ordinance, they’re going to want to see you in Avondale Estates Municipal Court.

 

Avondale Estates Municipal Court is located at 21 North Avondale Plaza, Avondale Estates, Georgia 30002. Court starts promptly at 8am on the date you have been told to attend. Like many other municipal courts, the calendars are crowded, and the Avondale Estates solicitor takes private attorney cases first, so be prepared to spend your entire morning in court.

 

If you’ve been charged with a traffic misdemeanor or city ordinance in the city of Avondale Estates, call the Peach State Lawyers today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in Gwinnett Recorders Court

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If you’ve been pulled over or cited by a Gwinnett County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a Gwinnett County code violation, you are due to appear in Gwinnett County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. Gwinnett County Recorders Court is located at 115 Stone Mountain Street, Lawrenceville, Georgia 30046. Gwinnett County Recorders Court is not located in the same building as State and Superior Court.

 

There are three courtrooms in Recorders Court. Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, go up the stairs to see a series of windows. At these windows you can check in, and get your courtroom assignment. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in Gwinnett County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in Gwinnett County Recorders Court.

 

Peach State Lawyers can go to Gwinnett County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in Gwinnett County Recorders Court, please call us today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in City Court of Doraville

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Dekalb County has several municipalities that handle their own court services.  The City of Doraville is one of the oldest municipalities in Dekalb County. The City Court of Doraville has always been an active courthouse.  The lawyers of W. Scott Smith P.C. have handled cases in Doraville for the past nine years and are familiar with the courts daily operations.

The City Court of Doraville is located at 3765 Park Avenue, Doraville, Georgia, 30340. The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by a Doraville Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person, either cited or arrested, notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the City Court of Doraville has jurisdiction to handle the case in Doraville.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the City Court of Doraville.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The City Court of Doraville lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
  • All accident offenses (unless proof of claim shown)
  • All alcohol offenses (except Open container)
  • Any other charge that may result in jail time and/or license suspension
  • Attempt to elude and officer
  • Disorderly conduct
  • Furnishing alcohol to a minor
  • DUI (driving under the influence)
  • Hit and Run
  • Habitual Violator Offense
  • No insurance
  • Passing a loading/unloading school bus
  • Possession of alcohol by a minor
  • Possession of a concealed weapon
  • Racing
  • Reckless driving
  • Shoplifting
  • Speeding more than 30 MPH over posted speed limit
  • Driving with suspended registration
  • Driving with suspended license
  • Vehicular homicide/serious injury
  • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the City Court of Doraville and know how to protect your rights and permanent record.  If you have a case in the City Court of Doraville, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Johns Creek Municipal Court

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North Fulton County has seen a recent spread of newly incorporated municipalities.   New municipalities mean new municipal courts.   Over the last nine years, the lawyers of W. Scott Smith P.C. have handled cases in every North Fulton Municipality.

The Municipal Court of Johns Creek is located at 11445 Johns Creek Parkway suite 300, Johns Creek, Georgia, 30097.  The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by a Johns Creek Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person either cited or arrested notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the Johns Creek municipal court has jurisdiction to handle the case in Johns Creek.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the Johns Creek Municipal Court.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The Johns Creek Municipal Court lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
    • All between the ages of 17-20 must bring parent
    • All accident offenses (unless proof of claim shown)
    • All alcohol offenses (except Open container)
    • Any other charge that may result in jail time and/or license suspension
    • Attempt to elude and officer
    • Disorderly conduct
    • Furnishing alcohol to a minor
    • DUI (driving under the influence)
    • Hit and Run
    • Habitual Violator Offense
    • No insurance
    • Passing a loading/unloading school bus
    • Possession of alcohol by a minor
    • Possession of a concealed weapon
    • Racing
    • Reckless driving
    • Shoplifting
    • Speeding more than 30 MPH over posted speed limit
    • Driving with suspended registration
    • Driving with suspended license
    • Vehicular homicide/serious injury
    • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the Johns Creek Municipal Court and know how to protect your rights and permanent record.  If you have a case in the Johns Creek municipal court, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Alpharetta Municipal Court

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North Fulton County has seen a recent spread of newly incorporated municipalities.   New municipalities mean new municipal courts.   Over the last nine years, the lawyers of W. Scott Smith P.C. have handled cases in every North Fulton Municipality.

The Municipal Court of Alpharetta is located at 12624 Broadwell Road, Alpharetta, Georgia, 30004. The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by an Alpharetta Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person either cited or arrested notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the Alpharetta municipal court has jurisdiction to handle the case in Alpharetta.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the Alpharetta Municipal Court.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The Alpharetta Municipal Court lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
  • All accident offenses (unless proof of claim shown)
  • All alcohol offenses (except Open container)
  • Any other charge that may result in jail time and/or license suspension
  • Attempt to elude and officer
  • Disorderly conduct
  • Furnishing alcohol to a minor
  • DUI (driving under the influence)
  • Hit and Run
  • Habitual Violator Offense
  • No insurance
  • Passing a loading/unloading school bus
  • Possession of alcohol by a minor
  • Possession of a concealed weapon
  • Racing
  • Reckless driving
  • Shoplifting
  • Speeding more than 30 MPH over posted speed limit
  • Driving with suspended registration
  • Driving with suspended license
  • Vehicular homicide/serious injury
  • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the Alpharetta Municipal Court and know how to protect your rights and permanent record.  If you have a case in the Alpharetta municipal court, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Marietta Georgia Municipal/Traffic Court

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You’ve been given a citation for a city ordinance or traffic violation within the city of Marietta. You’ve been told to report on a specified date to 240 Lemon Street, Marietta GA, 30060. And like any prudent person you google Marietta Municipal Court to see that Judge Roger Rozen is the judge on the bench there. But what else do you need to know?

 

Marietta Municipal Court is located in the same building that houses the police department. It is down a short driveway off 240 Lemon Street on your left hand side. There is a police cruiser out front that is painted half in the colors of a taxi cab and half in the colors of a police car to warn residents about the ramifications of being arrested for DUI. Free parking is limited around the courthouse building, so it is best to arrive early. When you get through the front doors, take an immediate left and you will see a security checkpoint. Make your way through security to a small waiting area. The court room is through the double wooden doors.

 

Once inside, there are many rows of pews in front of the Judge’s bench. Judge Rozen is prompt, but he takes private attorney cases first, so be prepared to spend half your day in court. Also, be mindful of Marietta Municipal Court’s rules. The Court requires you to turn off the sounds on all electronic devices, and understand that Judge Rozen or court staff could require you to turn off all electronic devices at any time. Court also adheres to a strict dress code so NO hats inside the courtroom (except those worn for religious purposes), sunglasses, t-shirts depicting violence, sexual acts, profanity, or illegal drugs, tube or halter tops/plunging necklines/midriffs, ripped or torn jeans, mini skirts or shorts, baggy pants that fall below the waist, or muscle shirts (usually worn as undergarments).

Peach State Attorneys specialize in Marietta Municipal Court.  Our law offices are right off Marietta Square at 456 Roswell Street, Marietta, GA 30060 and walking distance to the Marietta Municipal Court to help you with your Marietta Municipal Court appearances. We can be in court for you saving you time and working out a favorable outcome or dismissal on your case. Please contact us today at 404-581-0999 for a free consultation on your Marietta Municipal Court matter.