Georgia Criminal Defense Lawyers Blog

The stigma surrounding cybercrime charges

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

In a recent post, we looked into how challenging it can be for some people who have been charged with a white collar offense due to the stigma associated with these charges (career problems, etc.). While some people may think that offenses carried out over the internet have less of a stigma and softer consequences, it is crucial to remember that cybercrime charges can also be very damaging in this regard (if not more so, in some cases). There are many different cybercrime charges that people face, from those which are financial to offenses which are sexual in nature.

Someone who has been accused of an online offense may lose their job as a result of the allegations, or their spouse may decide to leave them. Their standing in the community may be tarnished and they may even find that some of their friends have abandoned them as well. Unfortunately, even some people who have been falsely accused of these offenses have to endure these hardships due to the harsh stigma of cybercrimes.

From online crimes that involve theft and fraud to those which involve unlawful pornography, there are many different offenses carried out through technology. In the digital age, people are especially familiar with some of these offenses and they can be very damaging to one’s reputation. If you have been accused of any type of online or computer-related offense, it is crucial to protect your rights. You should realize the different ways in which your life may be impacted in the present and future.

Drug court may be a solution for those facing felony drug charges

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

People who have been arrested and are facing felony drug charges in Georgia have many concerns. One of them is likely the fact that they will no longer have access to their substance of choice. Substance use disorders are recognized as health conditions, and access to treatment is critical. Fortunately, in Fulton County, there is a drug court program that ensures assistance for addicts who qualify to go through this alternative court system.

The Fulton County Felony Adult Drug Court program may allow offenders to avoid prison time, but it is not a matter of walking away from the charges. There are a number of officials and professionals who play a role in the program, including the public defender and the District Attorney’s Office, the probation department and treatment providers.

The process involves mandatory participation in chemical dependency treatment and Moral Recognition Therapy, as well as other requirements and a fine. Charges are not dropped until the offender has completed and graduated from the program, which may last six to 18 months.

DUI from taking opioids

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

There is an opioid epidemic in the United States. Every day in the country, an average of 130 people die as a result of taking opioids. The sad reality is that many people remain unaware of the dangers because their doctors prescribed the medication to them.

A lot of people assume prescription medication is safe, but the truth of the matter is that some medication can be just as dangerous as consuming an excessive amount of alcohol. You face serious consequences if convicted on any drug charges. Therefore, if you take any kind of prescription painkiller, then you need to know precisely how it impacts your body and mind.

How opiates affect your mental state

Addressing allegations of bribery

Published on: January 18, 2019 | By Conaway & Strickler, P.C.

Business owners, executives and employees may have their lives completely upended when they are charged with a white collar offense. These charges take on many forms and in this blog post, we will look closer into bribery charges, which can be very serious. Not only can these charges result in time behind bars and massive financial penalties, but they can bring on an unbearable amount of stress and permanently destroy someone’s reputation. It is also important to point out that some of these cases are based on false allegations or include details that have been fabricated.

If you have been charged with bribery, you should take steps to protect your interests immediately. Even if you are confident that you will be able to secure a favorable outcome in the courtroom, these are serious charges that could shatter your career and, ultimately, your life. That said, some people feel overwhelmed when these charges surface and they feel like giving up or lose motivation to approach the case properly. This can be detrimental and with so much at stake, you cannot afford to sit on the sidelines.

Every bribery case is different, and some involve significant amounts of money and carry harsh penalties. You should go over the unique details of your case thoroughly and have a good understanding of any legal options that are open to you. If you browse over to our page on white collar defense, you can read more material that is related to bribery charges and similar legal topics.

When you are charged with mail fraud

Published on: January 4, 2019 | By Conaway & Strickler, P.C.

Federal offenses take many forms and the consequences associated with these charges can be devastating. From steep financial penalties to time in prison, someone charged with a federal offense may see their life change for the worse in various ways. Moreover, the damage to one’s reputation in the wake of these charges can be significant too. We have covered different federal offenses on our blog and in this post, we will concentrate on mail fraud. If you are facing mail fraud charges, it is pivotal to go over each and every detail and make sure that you have a clear understanding of all legal options.

Mail fraud takes a number of forms, but many people find themselves accused of this offense over an alleged scam that involves mailings sent through the U.S. Postal Service. With respect to mail fraud cases, each is unique. Some may involve exaggerated or fabricated details, while others may be baseless altogether. Even if someone is innocent, however, they may face harsh penalties if they do not take the right steps and are unable to successfully defend themselves in court.

Being charged with mail fraud or any other federal offense can be incredibly overwhelming and we understand that some people who find themselves in this position are unsure of how to approach their case. It can help to look over some of the details of the case and it is extremely important to be aware of your legal options. Our federal offenses page has more related to mail fraud.

Federal and state courts have different processes

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

Just as with every other state in the U.S., Georgia has its own unique laws, constitution and court system. If you run afoul of these, you are likely to face criminal charges in the state. Depending on the circumstances of your alleged crime, you could find yourself facing federal charges, instead. At Conaway & Strickler, P.C., we often help our clients understand the differences between state and federal court processes.

The state’s prosecutor or district attorney will bring a case against you in a state trial or district court, the U.S. Department of Justice explains. In a federal court, the person bringing the case against you is a U.S. Attorney. In state court, the judge may decide your case, or you may find yourself in front of a grand jury. In federal court, your pre-trial motions may be heard by a federal magistrate judge, but this person is not who will issue a ruling. A grand jury is required if your case is a federal felony charge unless you opt to waive that right.

Some offenses are defined at the state level while others are federal offenses. However, some offenses are illegal at both the state and the federal level, so if you violated one such law, you may find yourself facing both state and federal charges. The penalties may not be the same, though. You may find that Georgia’s penalties for the conviction are much harsher than the federal penalties, or vice versa.

False allegations of cybercrime and your career

Published on: December 28, 2018 | By Conaway & Strickler, P.C.

People are accused of various offenses related to the internet, from computer fraud to cyberstalking and even cyberterrorism. However, these cases may be based on completely fabricated allegations in some instances. Regardless of whether the claims are true or not, the damage to one’s reputation can be irreparable and may affect their life in various ways. Not only are financial penalties and even prison time part of the picture in many cases, but some people may have their career thrown off course and suffer other negative consequences. If you are facing false accusations related to some type of cybercrime, make sure that you stand up for your rights.

Your career could be adversely affected by a cybercrime case in many different ways. First of all, you may be unable to find work in a particular field, especially if it involves technology or anything related to your case. For example, if the crime was financial in nature, you may be unable to work in the finance sector in certain capacities. Not only can you lose your current job but finding a new position may be impossible, which underlines the importance of figuring out how to approach your cybercrime case correctly.

Some people are unsure of where to begin when they are struggling with a cybercrime case, and they may have little hope that their side of the story will be taken seriously. However, the consequences of an unfavorable end result can be devastating, and it is imperative to have a comprehensive understanding of all your options before moving forward.

Medicare fraud: 3 federal laws you should know

Published on: December 27, 2018 | By Conaway & Strickler, P.C.

The federal government looks on Medicare fraud rather severely because the offense involves defrauding the government of money. There are many ways to commit Medicare fraud.

For example, it could include any of the following:

Misrepresenting the facts of a case or making a false claim to the federal government to receive Medicare funds

Couple lives lavishly with money embezzled from woman’s employer

Published on: December 14, 2018 | By Conaway & Strickler, P.C.

When people are entrusted with managing their employer’s cash flow in Georgia, they are often given access to financial accounts where they are trusted to monitor incoming and outgoing expenses. Many companies go to great lengths to verify that the people they hire that have access to sensitive information, are trustworthy and have integrity. However, there are undoubtedly times when people misuse their position to get financial gain.

An example of this is found in a recent story out of Jacksonville, Florida where a couple is accused of embezzling a jaw-dropping $4 million from the woman’s employer, Swisher International. The well-known cigar company had hired the woman to manage taxes when she allegedly began stealing money. Investigations revealed that the couple was living a lavish lifestyle supported by lucrative sums of money they embezzled from Swisher by creating false invoices to another company where her employer did not have any interactions. The theft took place over nearly a year and was verified using bank records that tracked the stolen money to the couple’s joint bank account. Purchases including expensive vehicles and a beachfront property were among the things the couple spent the money on.

If people have been convicted of embezzling money, they may want to hire an attorney to help them. With an experienced legal professional, people may have a better chance at being able to reduce their punishment for the crimes they have been accused of committing.

What qualifies as an online invasion of privacy?

Published on: December 14, 2018 | By Conaway & Strickler, P.C.

The internet is largely driven by the exchange of information. Thus, if you spend a significant portion of time online (either for your own personal fulfillment or for business purposes), the chances of your receiving information and content from others both inside and outside of Atlanta may be high. Such information is often shared with the expectation that it will be kept private. The question then becomes what are the restraints on its use?

Online invasion of privacy is recognized as being a serious form of cybercrime. Indeed, in Section 19-9-91 of Georgia’s Code of Crimes and Offenses, it is recognized that internet crime can have a far deeper and more damaging impact than other forms of white collar criminal activity. Because of this potential, authorities may be more apt to apply invasion of privacy reasoning in justification for bringing criminal charges against you. Your best answer to such claims may be to cite the specific examples of such activity to see if your actions qualify.

The most obvious form of online invasion of privacy is an intrusion of solitude. This occurs when one invades one’s privacy when there is a reasonable expectation of solitude (such as you observing another on a camera or video feed). Other less common examples include: