Georgia Criminal Defense Lawyers Blog

Georgia’s view on cyberbullying

Published on: April 1, 2019 | By Conaway & Strickler, P.C.

People in Atlanta tend to view cybercrime is hacking attacks launched by sophisticated “tech-heads” to either steal information or interfere with an organization’s online activities. Yet the actual definition of cybercrime is criminal activities out with computers or via the Internet. Applying this definition could make cause cybercrime to hit closer to people’s homes in the form of cyberbullying. Bullying itself is an age-old issue, yet cyberbullying is a relatively new problem. While the perceived impersonal nature of the Internet may cause some to believe that their online actions are viewed differently than by those they engage in person, the law often does not differentiate.

Cyberbullying is a perfect example of this. While there certainly instances of adults bullying other adults online, cyberbullying is a problem typically associated with children and teens. Indeed, information compiled by the U.S. Department of Health and Human Services shows that 15 percent of high school students report being bullied via electronic media. Teens and tweens might mistakenly believe that whatever they post on social media platforms, send through emails or communicate through instant or text messages is always viewed as being perfectly innocent given that disconnectedness of the medium of the Internet empowers them to say things that they do not actually mean.

Yet from the perspective of the state of Georgia, cyberbullying is akin to stalking. Section 16.5.90 of the state’s Crimes and Offenses Code classifies stalking as “follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.” Recent years have seen the state include communications via computer to qualify as “contact” under this statute. Youths who face cyberbullying charges must prove a lack of harassing intent in their online communications.

Embezzlement versus theft

Published on: March 27, 2019 | By Conaway & Strickler, P.C.

People work hard to secure and maintain their funds, and a disruption in that can be very detrimental to their way of living. For this reason, any type of theft charge is quite serious.

Even though it is a white collar crime, embezzlement is still a federal crime. Though theft and embezzlement are related in some ways, they are different in the sight of the law.

Embezzlement

Discussing drug charges with your loved ones

Published on: March 17, 2019 | By Conaway & Strickler, P.C.

People often have a myriad of questions when they are charged with a drug offense, and they may be uncertain about how the charges will impact their future and the different penalties they might face. For some people, these charges can be especially difficult because they have no idea how to bring this topic up with family members. For example, someone may be terrified of talking about this matter with their spouse, with their children or with their parents. In Atlanta and across Georgia, many people have had to face these challenges.

A young person living with his or her parents may be worried that they will be kicked out of the home, or that their parents will no longer pay for their college tuition. Or, someone may have concerns that their spouse will leave them as a result of the situation, or that their relationship with their parents will be permanently shattered. These are just a few of the reasons why drug charges can create conflict within a family, and it is crucial to approach this topic with caution.

First of all, every drug case is unique and someone who has been charged may be able to improve their circumstances by taking the right approach (which may also help them explain their situation to family members). It is pivotal to have a thorough understanding of what took place as well as any legal options that could be open to you and reflect on the allegations carefully before discussing the charges with loved ones.

Avoiding unlawful tax avoidance strategies

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

Most in Atlanta have been raised believing that there are only two inevitabilities in life: death and taxes. There are some, however, that might say that the latter is not necessarily inevitable. Advertisements from providers offering advice and services to help people reduce their tax liabilities often pepper popular media. Some might even claim to know the secrets to avoid having to pay taxes altogether. Many may wonder which (if any) of these services are legitimate.

Understanding which tax avoidance strategies is critical if one wants to avoid facing federal tax evasion charges (indeed, according to information shared by the Internal Revenue Service, 2,886 criminal tax evasion cases were initiated in 2018 alone). Minimizing one’s tax liability is viewed as being a component of a successful personal finance strategy. The trick understanding how to do so within the confines of the law.

The issue typically comes down to a matter of reporting. Tax avoidance is typically legal as long as one still provides all of their pertinent financial information on a return and said information is accurate. This offers proof that one’s claims of not having to pay a certain tax are credible. One should keep in mind, however, that such information must be able to be verified. In its Tax Crimes Handbook, the IRS lists the most common form of tax crime as individuals under-reporting income or falsely inflating their deductions.

Allegations of accounting embezzlement

Published on: March 9, 2019 | By Conaway & Strickler, P.C.

White collar crimes take on many different forms, and in this blog, we will look into accounting embezzlement and some of the consequences that people may face when they find themselves accused of this offense. Aside from the legal penalties associated with embezzlement, there are many other hardships which someone may experience if they are accused of this offense. For example, they may face serious consequences in their career, whether they lose a job they have counted on for many years or are unable to land a new position years down the road. These are just some of the challenges that people charged with embezzlement may face and handling these allegations properly is vital.

As an accountant, accusations of embezzlement can be very serious. In some instances, these cases result from misunderstandings, while others may be framed and falsely accused of embezzlement or certain details may be exaggerated. Regardless of the unique details of your case, it is imperative to handle the situation cautiously and realize how much your life could be impacted by the charges. Not only could you face career problems, but your reputation may be shattered. For example, others in the community may look down on you and it might be difficult for you to find work in an entirely different field as well.

When it comes to embezzlement and other white collar crime cases, there may be unique details that can impact the outcome of the case. Handling embezzlement charges properly is absolutely essential and you may have numerous legal options.

Older adults and drug charges

Published on: February 24, 2019 | By Conaway & Strickler, P.C.

When people think of the typical person who finds themselves facing drug charges, they may envision a teenager or a young adult. Many younger people are charged with drug crimes, but it is important to remember that adults of all ages may be charged with a drug-related offense. Older adults may find themselves in this difficult position for various reasons, whether they are addicted to an unlawful substance or they face charges as a result of prescription medication that they take. If you are an older adult facing drug charges, it is pivotal to know which legal options are in front of you.

Drug charges can arise for various reasons, whether someone is pulled over and found to have unlawful substances in their possession or they are busted while attempting to acquire illegal drugs. Some older adults may take illegal opiates as a result of pain they have been struggling with, or an opiate addiction that resulted from chronic use of pain medication. Moreover, some older adults may take medications without a prescription, which can also be against the law. Drug charges carry a harsh stigma for all people, regardless of their age, and the consequences can be very disruptive.

If you have been charged with a drug offense, you may be unsure of how to handle the situation. You may be worried about your future and how the charges will affect your life, or you could be afraid of what people will think. As a result, it is pivotal to approach a drug case correctly.

The current state of cybercrime defense

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

Internet crime is a relatively new frontier in criminal justice. The topics are related to previous legal matters, but the tools of communication are diverse and novel. Additionally, the way people interact with web-based communications is always changing. Here is a brief look at the current status of cybercrime defense in this context.

As stated on its official site, the FBI sees national and international cybersecurity investigations as falling within its jurisdiction. This wide focus, combined with the various federal laws governing interstate crime, often means that prosecutors may attempt to direct cybercrime cases to federal courts.

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Store your prescriptions safely to prevent teen opioid abuse

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

An increasing number of teenagers have begun to abuse opioids in the United States. Some believe this may be because of its assessability.

It is not uncommon for teenagers to get their hands on the stuff by stealing it from their parents, an illegal act that parents could be held liable for. To protect yourself and your children from jail time and opioid abuse, follow these measures to ensure opioid prescriptions are stored in a safe, secure way.

Keep any prescriptions locked away

Pursuit leads to arrest, drug charges for Georgia man

Published on: February 14, 2019 | By Conaway & Strickler, P.C.

Last Sunday afternoon, law enforcement in Milledgeville, Georgia arrived at an apartment complex to serve a 32-year-old man with two outstanding warrants for parole violation. Following a pursuit, they conducted a search that turned up items leading to additional drug charges.

Authorities identified a man matching the description of the one they intended to arrest shortly after their arrival to the complex. Rather than walking over to the law enforcement officers as requested, the man instead ran away from them, running back and forth between the buildings of the apartment complex. Authorities yelled at the man to stop, pursued him and, after catching up with him, brought him to the ground due to uncertainty as to whether or not he was carrying a weapon.

Once in handcuffs, the man reportedly confirmed to law enforcement that he was the one they had been attempting to arrest. Authorities helped him to his feet in order to conduct a weapons and narcotics search. Searching allegedly yielded seven white rock-like substances believed to be crack cocaine, a set of five plastic bags of the type used to package illegal drugs and a digital scale.

What role does the IRS play in a fraud investigation?

Published on: February 1, 2019 | By Conaway & Strickler, P.C.

There are aspects of paying taxes that may reveal illegal activities, and if your tax return prompts questions, you could find yourself the subject of an IRS investigation. According to the IRS, the federal agency conducts investigations, not only into possible tax fraud, but also when there is a suspicion of money laundering and other fraudulent activities.

Your tax returns may not be the trigger of an investigation. The IRS also investigates based on information provided by the public, by law enforcement agencies and by U.S. Attorneys offices all over the country.

Before an official federal criminal investigation is launched, the agency requires certain steps to be taken. A special agent analyzes relevant information during a primary investigation. Next, the special agent’s supervisor evaluates the results of the preliminary investigation and approves or declines a further investigation. If approved, the information goes before the head of the office, who may then approve a criminal investigation.