Georgia Criminal Defense Lawyers Blog

What constitutes mail fraud?

Published on: December 6, 2018 | By Conaway & Strickler, P.C.

If you are facing charges of mail fraud in Georgia, it is important you understand the seriousness of the crime. A conviction can result in harsh penalties such as fines and/or jail time, so it is imperative you get legal help right away. Because mail fraud is so broad, there may be some confusion, so it is good to take a look at what constitutes this type of fraud.

According to FindLaw, mail fraud occurs when someone uses the postal system to send or receive documents or other correspondence that relates to fraudulent activity such as selling counterfeit items or conning others out of money. This fraud becomes a federal offense when the mail crosses from one state to another, and certain circumstances may result in up to 30 years in prison and/or up to $1 million in fines.

The United States Postal Inspection Service gives numerous examples of mail fraud. They fall into general categories such as:

Restoration of rights after a felony conviction

Published on: November 30, 2018 | By Conaway & Strickler, P.C.

Once a person receives a felony conviction in the state of Georgia, that party loses certain civil rights. This loss can have a lasting effect even after the person repays the debt to society.

Thankfully, in some cases, there are options for parties to seek restoration of their rights after receiving a felony. To complete this process, there are a few important things to understand.

Requirements

The stigma of white collar offenses

Published on: November 23, 2018 | By Conaway & Strickler, P.C.

When someone is charged with white collar offenses, they may have concerns about how these allegations will affect them financially, whether they have to pay stiff fines or end up losing their job as a result of the case. Or, they may worry about spending time behind bars. While these are serious problems for many people who are charged with a white collar offense, there are many other ways in which someone’s life can be upended when they are charged with a white collar crime. For example, the stigma surrounding these charges could unravel their life in various ways.

People who are accused of white collar offenses may sustain serious damage with respect to their reputation. Other people in the workplace may see them differently, even if they are able to secure a new position after the case has been handled. Moreover, their friends, family members and others in the community may also look at them differently. Even if the accusations are false, someone who is suspected of committing a white collar offense may struggle with overcoming the harsh stigma associated with these charges. For more blog entries, click here.

Sometimes, people are unable to find work due to previous white collar crime charges and these cases can unravel a person’s life in countless ways. If you have been charged with any type of white collar offense, it is pivotal for you to make sure that your case is handled properly. Our white collar crime defense section covers more related to legal considerations concerning these matters.

Was that drug search legal?

Published on: November 16, 2018 | By Conaway & Strickler, P.C.

In Georgia, police are often cracking down on drug-related crimes despite the fact that many think the “war on drugs” has ended. Conaway & Strickler, PC, Attorneys at Law, are here to help defend your rights if you have ever been arrested because of a drug-related accusation.

The first thing to keep in mind is that the police can only search your person, vehicle, or house under certain circumstances. They can’t enter the premise for no reason at all, and they can’t force their way in if you deny entry as long as there isn’t visible evidence of illegal activity within their direct line of sight. Therefore, if you have gone through the steps to deny them entrance but they enter anyway, any evidence they might find can be discarded in court.

It should also be noted that while it’s legal for police interrogation to get aggressive in an attempt to get you to talk, there is still a line between that and outright threats, coercion, or promises. While the former is legal, the latter is not. If you were the victim of a police officer behaving in such a way, evidence being used against you can be rendered useless.

Facing charges over the sale of marijuana

Published on: November 16, 2018 | By Conaway & Strickler, P.C.

Recently, some states took a look at the legalization of marijuana for recreational purposes, while many other parts of the country already allow the legal use of marijuana for recreational purposes. Moreover, many states allow marijuana use for medical reasons. However, people continue to face charges related to marijuana, whether they are accused of possessing or selling the drug. Some people are falsely accused of these offenses while others find themselves facing charges unexpectedly. Regardless of the details surrounding your marijuana case, it is pivotal to handle this issue appropriately and be fully aware of just how much may be at stake.

Some people are wrongly accused of selling marijuana even though they had no intentions of doing so or were framed. These charges can be extremely serious and may lead to time behind bars, an inability to find work in a certain field, and judgment from one’s family and friends. Not to mention, people who are accused of selling marijuana or any other illegal drug may be extremely stressed out and worried about their future.

First off, it is imperative to take a careful look at your rights if you are in this position. You should have a good idea of the different legal options you could have and it may be wise to consult a legal professional if you are unsure of which path to take. Even though many people do not think that marijuana is a big deal, marijuana-related drug offenses can have a huge impact on your future.

What is a Ponzi scheme?

Published on: November 10, 2018 | By Conaway & Strickler, P.C.

If you are like many people in Georgia, you have heard stories about people being charged with criminal offenses and the term “Ponzi scheme” has been used but you may not fully understand what this means. It may be easier than some people think to be involved in a business deal that some allege is fraudulent so understanding these allegations is important for you if you are active in any type of investment business.

As explained by the United States Securities and Exchange Commission, a Ponzi scheme is a specific type of fraudulent activity. The name of this fraud type dates back nearly a century to the 1920s when a man named Charles Ponzi illegally made money taking money from investors for postage stamp investments but ended up paying initial investors with monies received from subsequent investors instead of from actual returns.

The SEC identifies several things that may signal an investment program could be a Ponzi scheme and one of these is when a program yields a consistent rate of return that is higher than the norm. This can be a tricky thing because there is nothing that prevents one investment from legitimately being more lucrative than others. The combination of high return and low risk is said to be another factor some consider to be indicative of a potential Ponzi scheme.

What is illegal search and seizure?

Published on: October 31, 2018 | By Conaway & Strickler, P.C.

Citizens of Georgia may assume that every law enforcement agent is following the laws laid out by the state and federal government. However, this is not always the case. When it comes to arresting an individual and/or obtaining evidence, there are certain protocols that need to be followed, and when they are not it is considered illegal search and seizure.

According to FindLaw, the constitution protects the right to be free under the Fourth Amendment. While the police have the right to search a person or place or arrest someone when there is probable cause, they may not do so without it or for random reasons. Other reasons search and seizure is legal is when there is a valid search warrant or a valid arrest warrant. If one of these grounds is not presented, it may be considered an illegal search and seizure.

However, the United States Courts outlines some exceptions to the constitution, and these have to do with justifiable government interests. Some examples in which a search and seizure may be considered reasonable include:

Facing cyberbullying charges as an adult

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

We have looked into various issues related to cyberbullying in some of our blog posts, such as the consequences that may come from these charges. It is also important to point out that some people do not realize that many adults have faced charges as a result of cyberbullying as well. For an adult charged with this offense, multiple challenges may arise and we will review some in this post. Moreover, the allegations may be completely basis and the result of someone who wants to get even with another person by shattering their reputation and dragging them through the legal system.

When an adult faces charges over allegedly harassing another person over the internet, their good reputation could be damaged, sometimes beyond repair (at least in certain circles). They may have a great deal of anxiety over legal matters and be completely unaware of their legal rights. Worse, some of these cases are the result of completely baseless allegations, which may be the result of a former boyfriend or girlfriend trying to get even or some other situation which involves revenge.

Some people may also feel that they have been bullied or harassed in a way which violates the law even though no laws were even broken. There are all sorts of different legal aspects of a case to consider and every single one is different. As a result, if you have been charged with cyberbullying as an adult, it is vital to go over your case from an individualized perspective.

Preventing drug overdose in the U.S.

Published on: October 25, 2018 | By Conaway & Strickler, P.C.

According to recent research, drug overdose causes more Americans under the age of 50 to die than anything else — including firearms and motor vehicle accidents. This has been attributed to the global issue of opioid addiction.

Some solutions have been proposed to help those who are struggling with addiction be safer, seek help and prevent an overdose from taking another life. Here are a few to keep in mind.

Drug court

Cryptocurrency and white collar offenses

Published on: October 12, 2018 | By Conaway & Strickler, P.C.

The computer age has brought all sorts of innovations and life has changed in ways that many people never could have imagined. From a financial perspective, life has changed considerably in recent years. Many people conduct their banking over the internet and people rely on technology for key financial transactions. Moreover, new payment options have been introduced and people have new ways to invest, such as the cryptocurrency market. While cryptocurrency has brought in an incredible amount of money for some, it has also given rise to certain white collar offenses such as ICO fraud and Ponzi schemes. These charges are very serious and theft, tax fraud and other offenses related to cryptocurrency can bring harsh penalties as well.

If you have been accused of a white collar offense involving cryptocurrency, you may be completely shocked or unsure of how to handle the charges. However, it is crucial to realize that your future may be at stake in various ways. Aside from the financial repercussions, your reputation may be shattered irreparably and life may never return to normal for you. The digital era has also shattered the personal lives of many people due to the rapid sharing of gossip and information via social media and message boards.

Facing white collar crime charges can be overwhelming. You may be unfamiliar with your legal rights or unsure of how to approach the case. There may be certain details that you have overlooked or other key aspects of your circumstances which could impact the end result, which is why these cases have to be thoroughly reviewed.