Georgia Criminal Defense Lawyers Blog

When a selfie turns into child pornography

Published on: August 23, 2019 | By Conaway & Strickler, P.C.

Taking a selfie is a common and popular phenomenon for people in Georgia and throughout the country. While many selfies are fun, they can be illegal if they contain sexual images and/or nudity of someone who is underage. If obtained in the wrong hands, a well-intentioned selfie can be the subject of a child pornography charge.

FindLaw discusses how teenagers, especially, participate in producing, possessing and distributing child pornography without even realizing it. Both teenage girls and boys take selfies of a sexual nature and send it to their boyfriend/girlfriend. This, in and of itself, in many states constitutes child pornography. If the receiver of the picture then forwards it on to others, this can become an even bigger issue. Once a sexually explicit picture passes state or international borders, it becomes a federal offense. Every person who is in possession of the selfie can potentially face charges for child pornography.

Some may argue that purposely taking a naked photo of oneself and sending it to someone else is anyone’s right and it falls under the First Amendment. However, the United States Department of Justice reports that there is not protection regarding child pornography images and that they are illegal. In contrast to what some may believe, child pornography pictures do not have to depict a minor participating in sexual activity or acting against his or her will.

Are you under an investigation for a cybercrime?

Published on: August 22, 2019 | By Conaway & Strickler, P.C.

From online harassment and cyberstalking to cyberterrorism, cybercrimes have become increasingly common.

If you are under investigation for a cybercrime, you should know that the prosecution will be aggressive and the penalties harsh.

A little history

Understanding why drug abuse is life-altering

Published on: August 10, 2019 | By Conaway & Strickler, P.C.

When people are charged with using, distributing or selling drugs in Georgia, the penalties for such behaviors can vary depending on the circumstances surrounding their case, as well as how badly their actions may have affected other people. Drug abuse is a prevalent epidemic and one that many experts believe can be prevented with education and awareness beginning at a young age.

When people make active efforts to inform their children of the dangers of drugs before they are ever introduced to them, it can make a considerable difference in how they respond if they are faced with a situation where they are offered to partake in drug use of some kind. According to KidsHealth, one way that parents can discuss the dangers of drugs with their children is by discussing how significantly drug use can affect the growth, response and function of a person’s brain.

Particularly in young people, drug use can have a long-term impression on their mental health and stability. Parents can also share how these decisions may impose a threat to other parts of the body, detract from their child’s ability to focus in school or sports and their child’s ability to maintain healthy relationships with other people.

Identity theft types and prevention

Published on: August 6, 2019 | By Conaway & Strickler, P.C.

There are many ways that Georgia residents can fall victim to identity theft. When this happens, it can be costly, both financially and timewise. It can take a while to restore credit scores and reputation with financial institutions. It is important that everyone understands how identity theft can occur so individuals can take steps to prevent it from happening.

According to USA.gov, the most typical types of identity theft are medical ID, tax ID and social ID theft. With medical, someone uses another person’s health insurance or Medicare number to get medical care. Thieves steal social security numbers for multiple reasons, but a common one is to file tax returns in a false manner. In social identity theft, thieves use someone else’s name and pictures to set up fake social media accounts.

The two most vulnerable age groups to ID theft are seniors and children. There are numerous ways someone can prevent being a victim of identity theft. These include:

Understanding the impact of tax evasion on your future

Published on: July 29, 2019 | By Conaway & Strickler, P.C.

If you are actively employed in Georgia and are a recipient of income each on a consistent basis, you are required to fill out a tax return each year. The information you provide will be processed and verified by officials with the Internal Revenue Service who will verify that you are not missing anything on your forms that could indicate you are not filing your taxes properly. At Conaway & Strickler, PC Attorneys at Law, we are committed to advocating for people who have been accused of federal crimes.

Tax evasion is an example of a federal crime that can leave you facing serious legal consequences for failing to properly file and claim your taxes with the IRS. While seemingly insignificant, your decision to avoid paying your taxes can actually have detrimental consequences. According to Financial Web, if you miscalculate your taxes or fudge numbers in your favor and what you are reporting cannot be effectively backed by supporting receipts, you could be accused of tax fraud or evasion. For this reason, it is critical that you double-check your work if you are filing your own taxes, and even compare your records with the paperwork you have received if you had your taxes filed by a professional.

If you have deliberately refrained from paying your taxes, you could be fined anywhere from $100,000, to $25,000 for every year that you were delinquent on your taxes. Additionally, depending on the length or severity of your crimes, you could be sentenced to serve time in prison.

Why mail fraud is considered a serious offense

Published on: July 26, 2019 | By Conaway & Strickler, P.C.

Just as in every state, people in Georgia utilize the USPS on a daily basis. While it is generally a very ordinary activity, sometimes the mail is used as a venue to facilitate a crime. Charges for mail fraud are very serious and a conviction can come with stiff financial penalties and prison time. But why might just a small aspect of crime be considered so seriously?

According to the United States Postal Service, mail fraud is any kind of fraud that uses the mail. It does not matter whether it begins on the telephone, online or through the mail. Once any part of the commission of a crime goes through the mail system it is considered a federal offense known as mail fraud. The most common categories of mail fraud are financial, employment, telemarketing, sweepstakes, telemarketing and fraud against veterans or the elderly.

In fact, The New York Times reported that mail fraud charges were included in a list of criminal charges in the recent college bribery admissions scandal involving actresses Lori Loughlin and Felicity Huffman. Fifty people were charged with various crimes in this complicated criminality. In addition to the television stars, others implicated were college consultants, parents and college athletic coaches. Although the sheer sum of money made bribery appear to be the most important aspect of the scandal, the list of criminal charges included conspiracy to commit mail fraud and honest services mail fraud.

An arrest for vehicular homicide can happen to any motorist

Published on: July 21, 2019 | By Conaway & Strickler, P.C.

You probably never image your involvement in white-collar crime such as identity theft, embezzlement or cyberstalking.

However, vehicular manslaughter also falls into this category. Given the right set of circumstances, anyone who drives could face arrest for this kind of crime—even you.

Vehicular manslaughter explained

A look at what the future of cybersecurity looks like

Published on: July 13, 2019 | By Conaway & Strickler, P.C.

A lot has changed since the internet was first created and the profound innovation of such an incredible technology took the world by storm. In today’s world, an ever-growing technological challenge is the growing danger of cybercrime. For many industries in Georgia, protecting their intellectual property is not simply a matter of restricting access to its accessibility, but carefully crafting strategic methods for keeping unwanted viruses and criminals from exposing confidential information.

Some interesting research that examined what the future of cybersecurity is going to look like, uncovered some interesting facts that may help people to better understand the risks they are facing. One development that businesses may notice is the incorporation of highly trained, often-retired military members who have experience in working with cybersecurity, being hired to take leading roles in providing security in the virtual world. They may also notice an increase in roles such as that of a security data scientist who will analyze data and its utilization in discovering ways to protect it without constricting its use.

In an ever-growing business world, applications as a resource for optimizing transactions between consumers and companies, as well as between business-to-business, will continue to provide assistance in revolutionizing how business is done. However, thoroughly implemented security measures will be critical so long as applications are in use. Another development will be the way that social contracts are leveraged. While they will still be widely used, they may begin to include cybersecurity agreements as a way to solidify promises between data systems and humans.

FDA paves the way for easier access to opioid overdose treatment

Published on: July 12, 2019 | By Conaway & Strickler, P.C.

The opioid crisis has rocked the nation over the past few years and Georgia is no exception. While many people view addicts as junkies who make bad decisions and abuse illegal drugs, this is not the case for all people with a substance abuse disorder. Some people were introduced to these medications via their doctor’s prescriptions, usually to treat pain. Because these are so addictive, it can quickly spiral into an out-of-control drug habit.

CNN estimates that 1.7 million individuals in America suffer from substance abuse problems related to the use or abuse of prescription medication with opioids. These include the following drugs:

Hydrocodone

Will you be required to pay restitution for your crime?

Published on: June 29, 2019 | By Conaway & Strickler, P.C.

If you have been convicted of committing a crime in Georgia, you could be facing a significant array of consequences depending on the seriousness of your offense and the consequences that resulted from it. Once you have been formally charged in the legal system, you may also face the requirement to pay restitution to anyone who was affected by your misdeeds.

Restitution is most commonly awarded in monetary form, but you could also be required to pay back compensation for damages in other ways too. The restitution you give back is often used in helping any victims recover from the trauma they may have endured because of your behavior. Restitution is not always required but can be requested from victims even after your formal sentencing. Failure to pay restitution that has been required by the courts could leave you in danger of facing even more legal consequences.

According to the United States Department of Justice, how much restitution you may be required to pay is determined after the courts evaluate the impact that the crime you committed has had on any victims in the case. In a majority of cases, legal fees are not part of what you will be required to pay in terms of restitution. This means you will most likely not be financially responsible for any attorney’s fees or legal fees the victims had to pay in regards to your case. If the process for determining an amount for restitution is too complicated, the court may dismiss the possibility of repayment altogether.