Criminal Defense

What is a Presentence Investigation Report (“PSR”)?

Published on: September 18, 2023 | By Conaway & Strickler, P.C.

A Presentence Investigation Report, often abbreviated as “PSR” or “PSI”, is a document created by the United States Probation Office after an individual has been convicted of a felony in federal court. The PSR documents the convicted individual’s life history and background and is provided to the Court to assist in determining a fair sentence.

After a defendant pleads guilty (or is found guilty by a jury or judge), the judge will order the probation officer to create the PSR. The assigned probation officer will conduct a PSR interview with the defendant as well as an independent investigation into the offense to gather information.

Once the initial PSR is complete, the report is sent to your attorney, the Government’s attorney, and the Court. Once disclosed, your attorney is required to review the report with you. If you see any information that is incorrect, or if you disagree with how the guidelines are computed, your attorney can file objections to the PSR. The final PSR will make any corrections and note any objections in the PSR Addendum. If there are still any unresolved objections by the day you are sentenced, the Judge will resolve any disagreements before pronouncing your final sentence.

Georgia RICO Defined

Published on: September 1, 2023 | By Conaway & Strickler, P.C.

Trump has been indicted in Fulton County Superior Court.

So, what is RICO and why is it important in this case?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was original designed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon. And, within a few years, Georgia enacted their own version, and of course, as years went by, both state and federal prosecutors saw opportunities to expand the use to other types of cases.

United States Sentencing Commission proposed USSG amendments for fraud cases

Published on: May 18, 2023 | By Conaway & Strickler, P.C.

On April 5, 2023, the United States Sentencing Commission announced amendments to the United States Sentencing Guidelines that will come in to effect on November 1, 2023. Below is a summary of those changes as it relates to just fraud cases.

Under proposed USSG 4C1.1, a client will receive a 2-level decrease to their offense level if

a)no criminal history points,

What is Mariam’s Law and how does it affect the Sex Offender Registry in Georgia

Published on: May 12, 2023 | By Conaway & Strickler, P.C.

This news article explains most of the details of Mariam’s law, a law that was passed just last week. It expands the restrictions on sex offenders.

The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender (aka ankle monitor) while on probation or parole and awaiting risk assessment classification from SORRB if the person has previously been convicted of a felony sexual offense. Basically, if the SORRB hasn’t leveled you yet, you will be contacted to get an ankle monitor at your expense, of course.

Or, if your assigned community supervision officer determines that a special need exists for you to wear an ankle monitor due to the ‘immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.’ then here they come as well with that ankle monitor.

Basics of Tax Evasion

Published on: March 3, 2023 | By Conaway & Strickler, P.C.

By Maya Fouad

Tax evasion is the most common federal tax crime and involves the failure to report taxes, reporting taxes inaccurately, or failing to pay taxes. Federal law defines the crime broadly; 26 U.S.C. 7201 states, “[a]ny person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony. . .” The penalties for tax evasion can include significant monetary fines, imprisonment, or both.

To establish a case of tax evasion, the Government must prove three elements beyond a reasonable doubt:

Covid Related Fraud Enforcement Update

Published on: February 19, 2023 | By Conaway & Strickler, P.C.

On May 17, 2021, U.S. Attorney General Merrick Garland announced the establishment of the COVID-19 Fraud Enforcement Task Force.

On March 10, 2022, Garland announced Associate Deputy Attorney General Kevin Chambers as the Director For Covid-19 Fraud Enforcement.

In August, 2022, President Biden signed laws that give the Department of Justice and other federal agencies more time to investigate and prosecute Covid-19 fraud. It extended the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years.

Drug Trafficking and the Safety Valve Exception

Published on: October 14, 2022 | By Conaway & Strickler, P.C.

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 specifically allows a judge to sentence below the minimum mandatory required by law. However, you must be eligible. There is also a two level reduction in the sentencing guidelines under United States Sentencing Guidelines §2D1.1(b)(17).

The requirements set out in 18 U.S.C. §3553(f) are:

You do not have more than 1 criminal history point.

School Threats Resulting in Criminal Charges

Published on: September 28, 2022 | By Conaway & Strickler, P.C.

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 County Schools implementing license plate readers on all of its campuses.

But,what if a threat is simply a result of a prank? What charges could result from calling in a threat that is not real? Criminal defense attorney Meg Strickler recently commented on NBC 11 Alive News about this very issue. Calling in a threat to a school can be very disruptive and it will always involve law enforcement. Teens can thus face charges ranging from misdemeanor to federal charges. And, the school can also suspend or expel a student for this conduct.

It is a complex situation especially in these times.

Federal Child Pornography Laws in a Nutshell

Published on: August 10, 2022 | By Conaway & Strickler, P.C.

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 any image of child pornography. A violation of federal child pornography laws is a serious crime, and convicted offenders face fines severe statutory penalties.”

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography;

Search Warrants – What are they/How are they gotten/What occurs? Answers in light of Trump Mar-a-Lago FBI search

Published on: August 10, 2022 | By Conaway & Strickler, P.C.

Once the search warrant is signed by the judge, the search warrant will be executed. Generally, the government will work to execute the warrant with local law enforcement officials. The search can take hours, and often times, questioning will occur at the same time. NEVER SPEAK TO LAW ENFORCEMENT at this juncture without a lawyer. This interview at your home or office is often recorded by body cam, audio, and other video devices. It can be difficult to get those statements excluded at trial for a variety of reasons.

After the execution of the search warrant, a copy of the search warrant inventory will be left, and it will list out exactly what was seized. In the case of the execution of the search warrant for Donald Trump, there is a search warrant, sworn affidavit, and application filed, but it is under seal. Mr. Trump also received a search warrant inventory. Hopefully, these documents will be released to the public sooner than later.