Someone convicted of a crime that requires incarceration may wonder whether the court will order that the sentence be carried out at a state prison or a federal prison.
Although there are many similarities between the two, there are also differences to note.
State prison
Issues of fraud most often arise from business transactions in Atlanta. Thus, if and when you find yourself in the position of acting as a broker or agent of another in such a transaction, you should be aware that your actions will be highly scrutinized by those who entrusted you with assets. Any losses (accompanied by your profits) may immediately be met with skepticism and accusations. Defending yourself from allegations of fraud requires that you understand how Georgia defines this offense.
Section 16-8-3 of Georgia’s Code of Crimes and Offenses states that obtaining property by deceitful means or artful practice with the intention of depriving another of that property constitutes fraud. Notice the inclusion of the words “with the intention of.” Per the law, you cannot accidently commit fraud. Rather, you must have intended to secure a business partner’s property through your actions.
Proving intent might seem difficult given that it is seemingly so subjective. Fortunately, the state has provided a well-defined explanation of what it views as intent. It includes:
When some people envision a cybercrime, they may picture someone huddled over a computer. However, people may also be accused of an online offense as a result of activities that were carried out on a smartphone. For example, someone may be charged with sharing or possessing unlawful material with their phone or harassing another person through an app that they accessed on their smartphone. When it comes to cybercrime charges, the consequences can be just as serious if the offense was carried out using a smartphone, so it is crucial to realize that unlawful activity on a smartphone can be just as serious.
Unfortunately, some people may not realize that certain behaviors on their phone constitute an illegal offense. Moreover, someone may find themselves in this position even though they were not aware of any wrongdoing. For example, someone may let their friend borrow their phone, or another person may use their phone to carry out an illegal act without their knowledge. After all, it can be difficult to keep track of a phone at all times, and many people bring their phones with them to restaurants, bars and other settings.
Whether you have been accused of an online offense involving your phone or a personal computer, it is crucial to prepare for your case and realize how much may be at stake. These charges could disrupt your future in many different ways and completely shatter your reputation. We cover all sorts of issues related to cybercrime charges across our website.
Many people who face drug charges in Atlanta also suffer from addiction issues. In addition to legal woes, addiction can hurt a person’s health, cause rifts between family members, and jeopardize employment. If you have a loved one who is suffering from addiction, your support is crucial during this time. To help you open an honest and trusting dialogue, Very Well Mind offers the following communication advice.
First, realize that there’s no easy solution to drug addiction. It’s not usually a matter of will power, nor does it relate to a person’s ability to “pull themselves together”. In most instances, drug addiction is caused by numerous factors, including a person’s background, environment, and even genetics. Accordingly, it’s not helpful to admonish a person for not having their life together when addicted to drugs. Drug addiction is more like a medical problem, in the sense that formal treatment may be needed to allow your loved one to finally get clean.
Next, refrain from making demands that the person quits cold turkey. With certain types of drugs, quitting cold turkey can actually have a number of detrimental effects. That’s why medically assisted detox is recommended for most serious drug addictions. Not only will this ensure a person’s health is monitored during the process, it will also prevent relapses, which are often caused by troubling withdrawal symptoms. When your loved one expresses a desire to get clean, offer your support and suggest a formal treatment program for the best results.
Popularized by movies and television, many people in Georgia have heard of the Racketeer Influenced and Corrupt Organizations (RICO) Act. While it was enacted and is often associated with organized crime, the state’s RICO Act does not only apply to mobsters. Therefore, it is important for people to understand the act in order to help avoid unnecessary arrests and prosecutions.
According to FindLaw, carrying out illegal activities in order to sustain or further the reach and influence of organizations or criminal enterprises is considered racketeering. Under the Georgia RICO Act, obtaining or keeping control of or interest in any businesses or types of property through racketeering activities is prohibited. In order to prove a pattern of racketeering, there must be at least two felony illegal activities involved.
The RICO Act is charged as a felony level offense. If convicted, people could be fined up to $25,000 for each count against them, sentenced to between five and 20 years in prison, or both.
The state of Georgia takes probation violations quite seriously. No one is above the law, not even congressional candidates. Recently, a former candidate for Georgia Congress, Steven Foster, violated probation by not completing his court-ordered DUI classes.
It is paramount for anyone with a criminal record to take probation seriously. Probation is an opportunity for those with criminal records to show they can become upstanding citizens. People can violate their probations in various ways, so the individual and his or her family and friends need to work to ensure the person stays on the right side of the law.
Ways to violate probation
In any fraud case in Atlanta, the central issue may be the establishment of intent. Proving that one committed fraud may require establishing that they engaged in their actions knowing full well of that what they were doing was unlawful and likely to cause harm. Thus, those who perform any sort of financial service may want to maintain meticulous records as the review of such documents may go a long way in establishing that they might have been operating in good faith all along. Conversely, poor record keeping may be seen by some as evidence that one was wanting to conceal their actions from others.
It was question about potentially falsified records that led authorities to investigate a Louisiana man who was recently arrested and accused of Medicaid fraud. Among the many businesses linked to the man was a transportation company targeted exclusively at Medicaid patients. Authorities say that the driving logs for this company were purposefully doctored and included forged signatures, which prompted the fraud charges being filed against the man and one of his employees. The man is also accused of falsifying his financial records so that he himself could qualify for Medicaid, even though him being a Medicaid service provider disqualified him from coverage.
In some cases, evidence supporting the falsification of records may be clear. In others, there may be doubt. In such cases, being able to produce legitimate records proving one’s innocent intentions may be the key to escaping from having to face criminal charges. Having an experienced attorney on one’s side may also prove to be a benefit worth having during such a time.
Cases that involve unlawful pornography can be tough for a plethora of reasons. First, these cases carry a harsh stigma, and those who are accused of wrongdoing may feel too ashamed to stand up for themselves (even when details have been exaggerated or they are falsely accused of unlawful behavior). Moreover, some people may not be aware that certain types of behavior are against the law, especially since laws involving pornography have changed in recent years. In Georgia, for example, it is against the law for people to share nude images of their ex without their consent (this is known as revenge porn).
Revenge porn charges can lead to a number of harsh consequences. Those charged with breaking this law may face financial penalties and even time behind bars. For example, someone who is accused of sharing revenge porn again after they have been charged with this offense in the past may be sentenced to prison. Aside from the legal repercussions of revenge porn charges, one’s reputation may be completely destroyed. This could cause problems for them in regard to their career, and it may also cause personal relationships to fall apart.
If you have been accused of illegally sharing revenge porn, it is important to have a solid understanding of your legal options and figure out how to move forward. You should be aware of the potentially serious consequences you could face and try to identify the best way to handle this situation. Our cybercrime page has more related to revenge porn charges.
Online crime charges take many forms, but harassment is an especially tricky issue to deal with in many instances. People may be charged with harassment for a number of reasons, whether they were unaware that their behavior was against the law or they are even falsely accused of online harassment. For example, someone may break up with a spouse or partner and their ex may try to shatter their reputation and bring legal consequences by falsely accusing them of harassing them over the internet. We know how challenging these cases can be and it is pivotal to protect your interests.
If you have been accused of online harassment, it is pivotal to immediately go over your legal options, the ins and outs of the alleged incident(s) and the best course of action. Your future may be at stake, whether you run the risk of losing your job as a result of these allegations or you face serious penalties. If you are the parent of a teen who has been accused of cyber harassment, for example, it is equally important to protect their future by carefully examining the situation and exploring the legal options that may be on the table. Many teens have been falsely accused of harassment by a former friend or an enemy at school.
The consequences of these charges are not to be taken lightly and the outcome of an online harassment case could have a significant impact on your future. We cover other issues concerning this area of law on our blog.
Whenever news breaks of a developing Ponzi scheme, it becomes a topic of conversation in many Georgia households. Some people may be under the misunderstanding that this illegal activity is limited to situations where money is invested for unnaturally high returns. However, potential investors should be aware that Ponzi schemes are a type of fraudulent activity that can take on many different forms.
According to Forbes, the U.S. Securities & Exchange Commission has been cracking down on a certain kind of Ponzi schemes that are promising safe gains. If the purported investment is offering “safe and secure” returns, people may not realize that this might be a scheme designed to bilk them of money. And as a result, they might not be as conscientious with their pre-investment research.
Other times, Ponzi schemes take on unusual types of “investments.” The New York Times reported that one recent Ponzi scheme even tried to capitalize on the high demand for tickets to the successful Broadway musical “Hamilton.” Two men raised $81 million from 125 investors after these investors believed that their capital was being used to buy large blocks of tickets to the show which would then be resold at a large profit. Because the type of investment was not a financial product, but rather theater tickets, it may not have raised red flags to those who thought it sounded like a good way to make money.
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