The Law Office of Jenny C. Smith

01/24/2022

An ounce of prevention is worth a pound of cure.

My first tutorial, how did I do?

11/23/2021

Just a holiday season reminder from your friendly local defense attorney: it's better to be safe than sorry. If you're under the influence, don't endanger yourself or others by driving. Even aside from the terrible safety risk, DUI charges are no joke- you can lose your license, and the mandatory sentencing requirements are expensive and burdensome. If you DO have an encounter with law enforcement that results in a DUI investigation, always remember that anything you say or do may be used against you.

09/24/2021

It's a beautiful day in North Georgia.

05/20/2021

Do you know your Constitutional rights? Check out these elementary students singing about them!
🎶🇱🇷

with

03/16/2021

Jury Trials Are Back!!!

Remember a year ago, when we expected to be isolated for a couple of weeks? As we all mark a year of COVID-related restrictions, the Georgia judicial system has also reached the "anniversary" of operating under the judicial emergency order that went into effect on March 14, 2020. Chief Justice Melton issued the 12th extension of that order on March 9, 2021, making the judicial emergency effective through April 8, 2021.

Although the judicial emergency will continue for at least another month, there is one huge change: courts are now permitted to resume jury trials when they are ready to do so safely.

What does this mean for you? It means that the backlogged cases awaiting trial can finally start moving through the criminal justice process again, and judges are likely to be very impatient to get those backed-up dockets cleared out. If you have an open criminal or traffic case, you will probably have to make a decision very soon about whether you want to go to trial, and there will be more pressure and more deadlines set for accepting offers and pursuing motions in your case, among other things.

Don't try to navigate the complicated system and the current circumstances alone. An attorney can guide and advise you, and work toward the best possible resolution of your case.

02/15/2021

After months of Zoom hearings, attorneys get really excited to be able to appear before judges and argue with opposing counsel in person. I was thrilled to be in a courthouse today, even if it did involve a mask, fogged-up glasses, and being outside in the cold wind.

02/10/2021

Holding hearings over Zoom and WebX can be challenging, and sometimes things go hilariously wrong! Luckily, the judge and the attorneys in this case were all good sports, and the judge even used this mishap as an opportunity to praise attorneys for forging ahead and making sure the court system continues its work, despite the challenges of COVID.

If you are facing criminal charges, it is important to have solid guidance; it's a bonus if your attorney has a good sense of humor. I don't normally show up to Zoom hearings looking like a house pet (unfortunately?), but I will take the time to understand your case and your concerns, make sure you understand your options, and help you pursue justice.

Lawyer Rod Ponton on Feb. 9 accidentally used a cat video filter during a virtual court session in the 394th District of Texas.

08/13/2020

As expected, Chief Justice Melton extended Georgia's state of judicial emergency again, through September 10. Jury trials and new grand jury proceedings are still prohibited. You can read the full order here:
https://georgiacourts.gov/wp-content/uploads/2020/08/5th-Extension-of-Statewide-Judicial-Order_FINAL_8.11.20.pdf
The judges in each circuit have the ability to establish their own additional rules to protect everyone's safety. Many Georgia courts are expanding their technological capabilities, as they transition to holding many types of hearings virtually through Zoom, WebX, and other programs. We're to help you navigate the new procedures and the ever-changing rules.

06/13/2020

For the third time, Chief Justice Melton of the Georgia Supreme Court has extended the state of judicial emegency due to COVID-19. The state of emergency now continues through Sunday, July 12, 2020.

If you have an open criminal case, here are some of the main points that will affect you:
-There will still be NO jury trials during the state of emergency. Jury trials will likely not resume until at least August.
-Most legal deadlines have been suspended and tolled during the state of emergency. Most deadlines in trial courts will remain tolled during the extended emergency period, but they will begin running again on July 13. Local courts can also reimpose deadlines in individual cases earlier than July 13 if they choose to do so.
-Courts will continue to hear essential and critical matters. They are also encouraged to conduct hearings on issues that are not essential, and to hold the hearings by video conferencing where possible.

As always, it is much easier and safer to handle the complexities of the legal system if you have an attorney to guide you through the process. We are here to help you! Contact us at 678-809-7862.

06/10/2020

The Floyd County (Rome) courthouse will be closed until June 22 due to several COVID-19 cases among courthouse staff. The courts in Floyd will continue to address some essential matters while the courthouse is closed, but the closure will affect the way that courts handle essential matters, and will affect the scheduling of all other types of cases. Throughout Georgia and the rest of the country, everyone involved in the legal system is still adjusting to the unusual circumstances.

June 8th, 2020 - 2:00 PM Floyd County Superior Court The Following is a Press Release from the Floyd County Superior Court:

05/22/2020

The legal system continues to be impacted by COVID-19. Chief Justice Melton of the Georgia Supreme Court has extended Georgia's state of judicial emergency a second time, through June 12, 2020, and many agencies are still taking precautions to prevent the spread of the virus.

What does this mean for criminal defendants?
-First and foremost, courts are still hearing "essential" matters and are beginning to address "non-essential" cases, but the criminal justice process is still moving more slowly than usual.
-NO JURY TRIALS will be held during the state of emergency.
-Other types of hearings (such as bond hearings, pre-trial motions, and plea hearings) may be held during the state of emergency, and the Chief Justice has instructed judges to hold these hearings remotely whenever possible; many courts have been using programs like Zoom to have hearings by video conference.
-The judges in each county and circuit are allowed to add restrictions to their operations with their own emergency orders.
-The Department of Corrections is still not allowing attorneys to make in-person visits with defendants who are in prison. Many sheriff's offices have different rules during the emergency regarding visitation, and regarding the acceptance of inmates into their jails to serve misdemeanor jail sentences.

Because individual judges have implemented a wide range of procedures and rules during this state of emergency, it is important to stay in touch with your attorney, who can help you understand the changing court schedules and make decisions about your case.

If you need help with any criminal case or appeal, we are here to guide you! Call our office for a free consultation.

04/22/2020

The order declaring a state of judicial emergency in Georgia, which has been extended through May 13, 2020, has impacted defendants and attorneys because it directly restricts the operations of the courts. However, attorneys and their clients are also affected indirectly by the efforts of other agencies, such as the Georgia Department of Corrections, to stop the spread of the virus. For example, attorneys are currently unable to make in-person visits with their clients who are in the Georgia prison system, and this visitation suspension is in effect through April 30.

The restrictions and health protection measures have substantive consequences for some criminal defendants. The State Board of Pardons and Paroles is considering early release for non-violent offenders who are within 180 days from their sentence completion dates or tentative parole dates. Because the Department of Corrections is not accepting inmates into their system, defendants who enter guilty pleas and are sentenced to prison time will remain in county jails for the time being. While these circumstances may provide a basis for negotiating alternative sentencing, they can also mean that the conclusion of a defendant's case is delayed.

It is always important to have sound legal advice when dealing with a criminal case or an appeal, and now more than ever it is important to have an advocate. My office is here to advise you and guide you through the process, regardless of the circumstances.