The International Bar Association created a “President’s Task force on Cybersecurity”. Meg Strickler was appointed to serve on this prestigious task force and helped draft Cybersecurity Guidelines. Today, it is all the more important to be weary of a data breach if you own and operate a small business. Data…
Georgia Criminal Defense Lawyers Blog
How can I be charged with 18 U.S. Code § 1028A Aggravated Identity Theft?
Here is the definition from the statute, cut directly from the 11th circuit’s jury instructions: It’s a Federal crime to commit aggravated identity theft. The Defendant can be found guilty of aggravated identity theft only if all the following facts are proved beyond a reasonable doubt: (1) the Defendant knowingly…
Overview of Methods for Roadside Sobriety Testing in DUIs
Written by Maya Fouad When a police officer is conducting a roadside investigation of a suspected drunk driver, a variety of mechanisms are employed as indicators of intoxication. Law enforcement are trained to conduct specific behavioral tests and use certain devices designed to detect levels of intoxication. Officers are often…
Drug Trafficking and the Safety Valve Exception
The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met. The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f). It…
School Threats Resulting in Criminal Charges
Schools across the state of Georgia are facing an increase in threats of violence. It has led schools to step up security. Each and every threat must be taken seriously. Some of these threats turn out to be real, so officials have beefed up security everywhere, including for example, Fulton…
Federal Child Pornography Laws in a Nutshell
As the DOJ states, “Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old). Images of child pornography are also referred to as child sexual abuse images. Federal law prohibits the production, distribution, importation, reception, or possession of…
Search Warrants – What are they/How are they gotten/What occurs? Answers in light of Trump Mar-a-Lago FBI search
The Fourth Amendment of the U.S. Constitution protects against unlawful searches and seizures by the government. When the government wants to obtain a search warrant, an affidavit must be drafted and application must be made to a U.S. Magistrate judge (in federal matters). The affidavit can be more than a hundred pages…
What is RDAP?
The Residential Drug Abuse Program (RDAP) and the Non-Residential Abuse Program (NRDAP) are offered by the Federal Bureau of Prisons (FBOP) to assist inmates suffering from substance abuse issues. RDAP consists of 3 intensive phases, totaling over 500-hours of voluntary individual and group treatment, and it is about 9-12 months long. This…
The Department of Justice in the Northern District of Georgia Federal Court will add a New Pretrial Diversion Court
On April 11, 2022, the Northern District of Georgia in Atlanta announced the creation of a new pretrial diversion court, the Accountability, Treatment, and Leadership Court “ATL Court“. It is formed with the Northern District of Georgia, the U.S. Probation Office, the U.S. Attorney’s Office, and the Federal Defender Program,…
SEC Complaint, RICO, Securities Fraud – biggest case against financial crime in SDNY in a long time
Manhattan federal agents arrested Archegos Capital Management founder Sung Kook “Bill” Hwang on April 27, 2022 on fraud charges, roughly one year after the investment firm’s huge losses back in March 2021. Department of Justice prosecutors are charging both Hwang and Patrick Halligan, the firm’s chief financial officer, with racketeering…