Georgia Criminal Defense Lawyers Blog

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:

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.