Georgia Criminal Defense Lawyers Blog

When drugs are planted in your vehicle

Published on: October 5, 2018 | By Conaway & Strickler, P.C.

We have covered many different aspects of drug cases, but some are especially upsetting. For example, some people who are completely innocent find themselves facing drug charges even though they have never possessed an unlawful substance. There are a number of ways in which this can happen, but one example involves law enforcement officials planting drugs in a person’s vehicle. Unfortunately, it can be very hard for some people to prove their innocence and these charges bring a harsh stigma that can shatter their lives permanently.

If drugs were planted in your vehicle, you may be completely unsure of how to handle the situation. You could have many questions and you may be afraid to stand up for your rights. During these circumstances, however, it is especially important to make sure that you defend yourself properly and your whole future may be at stake. Drug charges can derail college plans, careers and many other aspects of a person’s life and it is particularly upsetting to know that some people are framed and face these penalties even though they are innocent.

There are a variety of motivating factors when it comes to planting drugs. Sadly, some people are voiceless and spend time behind bars for a crime they did not commit. Worse, drug offenses are very serious and can follow people around for decades, creating a bad reputation that is wholly undeserved. To read more about various issues related to drug charges such as planting drugs, head to the drug crimes page on our site.

How does a drug conviction affect financial aid for college?

Published on: October 1, 2018 | By Conaway & Strickler, P.C.

If you live in Georgia, have been convicted of a drug-related offense and want to go to college, you may have some hurdles to contend with. A big one is that your ability to receive financial aid is cut off for a certain period of time, and this means higher education is financially unattainable for many students.

According to Federal Student Aid, being incarcerated for any reason limits your eligibility to get student aid, but eligibility is extremely limited for those serving for drug offenses. Eligibility for loans, work-study opportunities and grants is suspended for potential and current students. Those who get convicted after a period of receiving aid may be required to return some of the money. Eligibility can be regained in a couple of circumstances, which are passing two random drug tests or completing a drug rehab program.

The American Civil Liberties Union discusses that this law, enacted in 1998, is unconstitutional as well as wrong from a moral perspective. Whether students are convicted for selling drugs or just possessing them, there is a certain amount of time the ineligibility lasts and it ranges from one year to forever. There is an argument that the law discriminates against low-income students, especially Latinos and blacks who are already victims of the judicial system.

Proving fraudulent intent

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

Accusations of fraud are often the result of people losing significant amounts of money, property or other forms of wealth in investments or transactions in Atlanta. Given the consequences such losses can bring, the anxiety felt by those that suffer them is understandable. Yet should it justify accusations of wrongdoing? Many come to us here at Conaway & Strickler, PC after having been accused of fraud surprised that their actions have been perceived in such a way. If you find yourself in a similar scenario, you will be pleased to know that the unfortunate outcome of a monetary investment alone does not constitute fraud.

Rather, intent to defraud must be established in order for you to face criminal charges. According to the U.S. Justice Department, it must be shown that you intended to cause financial harm or injury for you actions to qualify as fraud. No actual harm or injury need take place; the existence of intent is enough to warrant charges. Regardless of whether your actions produced financial losses for those accusing you of fraud or not, the burden of proof lies on prosecutors to prove your intent.

What are indicators of intent? In the absence of a negative financial impact, your modus operandi may be looked at as proof of your intentions. If your dealings with clients or business partners are not completely transparent, or if the actions of any third parties that help consummate your deals prove to be unlawful, then your intent might come into question. However, you producing sufficient evidence showing that were operating in good faith may be enough to counter an accusation of fraudulent intent.

Jail, state prison and federal prison: what is the difference?

Published on: September 26, 2018 | By Conaway & Strickler, P.C.

When someone commits a crime, they will likely face incarceration. Jail, state prison and federal prison are all places where one can go, but what are the differences between the three?

Jail

Many people think that jail and prison are the same. Often, the two are referenced as interchangeable, but jail and prison are, in fact, two different things. The two main differences between jail and prison are the governing body and length of time the inmate stays.

Facing charges as a drug addict

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

Drug charges affect people from various walks of life, from those who are very wealthy to those living in poverty. However, the consequences of a drug charge can make life very difficult for anyone, regardless of their circumstances in life. Some people in Atlanta and across the state of Georgia find themselves in legal trouble over drug-related charges that stem from a drug addiction. Whether someone is addicted to cocaine, opiates or some other substance, daily life can be challenging for many reasons and these charges can make life even harder.

Someone struggling with a drug addiction may genuinely want to stop, but be unable to reach their goal of becoming drug-free. As a result, they may be charged with possession or pulled over by a law enforcement official and taken into custody for driving while intoxicated. Moreover, these charges can bring serious damage to their reputation, cost them their job and lead to financial problems and time behind bars, which can make it even harder to recover from a drug addiction in some instances.

If you have been charged with a drug crime that resulted from your addiction to a particular drug, it is important to know which options you have. Every drug case is different and yours could have certain characteristics which impact the outcome of your case. As a result, an individualized approach is essential and you could be able to work toward an outcome that is less disruptive by knowing all of your options and the right way to handle this situation.

When your teen is charged with an online offense

Published on: September 7, 2018 | By Conaway & Strickler, P.C.

As a parent, you may go through many difficult situations while raising your child. For example, you could have a hard time helping them through problems with their friends or their school performance. However, there are times when it can be especially challenging to be a parent, such as your child being accused of an offense. Moreover, in the digital age, there are even more ways in which young people find themselves in trouble. There are a number of online offenses that may involve people of all ages and it is crucial to help your child work through this difficult time.

Some people are accused of cyberbullying, which is an especially relevant issue for young people who are in school. Sometimes, details may be blown out of proportion, and these cases can have significant consequences. Other online charges that parents may have to work through include cyberstalking and wrongdoing involving pornography. It can be very difficult for a parent to understand what is going on and which route is best for their child.

It is important to understand that no two cases are the same. There may be various details related to your child’s circumstances that could drastically shape the outcome of the case. There could also be a great deal at stake, from your child’s future with respect to college and their career to other important aspects of their life, so it is important to handle online crime charges very carefully and recognize the potential consequences that could come with a poor outcome.

Addressing computer fraud allegations

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

There are many facets of cybercrime that have been covered on this blog, but one area we want to take a closer look at is computer fraud. There are many different examples of computer fraud, which we will discuss, and it is important to note that the consequences of being charged with this offense can permanently shatter your life. If you have been accused of computer fraud, it is essential to carefully go over all the details which surround your case and make sure that you have identified the best approach, even if you are not innocent or you believe that various details have been blown out of proportion.

Whether someone aims to gain access to a computer system or alter electronic information, there are various examples of computer fraud. Hacking, sending out computer viruses and many other types of illegal activity may be involved in a computer fraud case. If you are charged with computer fraud, you may face incredibly stiff financial penalties. You could also be sentenced to prison and there may be additional ramifications which disrupt your life. For example, your reputation could be irreparably damaged and you may find yourself unemployable.

Because the nature of these charges is so serious, and the consequences can be devastating (especially when prosecuted at the federal level), it is vital to address these allegations correctly. Many people have found themselves in this tough spot and it is crucial to know what your options are if you are facing computer fraud allegations.

Do you know the true implications of true threat charges?

Published on: August 29, 2018 | By Conaway & Strickler, P.C.

The right of free speech is guaranteed under the First Amendment of the Constitution. That’s a concept that most of us learn in grade school. What might often be glossed over, or overlooked, is that there are limits.

The fact is that the amendment doesn’t guarantee free speech at all. What it does is prohibit government from making any law “abridging the freedom of speech.” Over the course of hundreds of years, however, laws and courts have established prohibitions of certain types of speech. Opinions vary on the scope of the list, but most experts agree it includes such things as:

Use of obscenities

When internet offenses are prosecuted at the federal level

Published on: August 24, 2018 | By Conaway & Strickler, P.C.

From cyberstalking to bullying another person over the internet and offenses involving material that is pornographic, there are various cybercrime charges people face. What some may not understand is that these cases can bring on severe consequences, especially if they are prosecuted at the federal level. When people in Atlanta or any other part of Georgia find themselves facing charges related to the internet which are taken to federal court, the penalties may be very harsh. For example, federal courts may decide to punish someone very harshly as a means of deterring others from carrying out similar acts over the internet.

Sometimes, people are also falsely accused of an offense involving the internet and they may struggle to defend themselves due to the incredibly strong stigma surrounding the allegations they are facing. In other instances, someone may not have been aware that a particular activity was against the law. For example, someone may accidentally view or download copyrighted material online, not knowing that doing so would result in serious consequences.

In the digital age, it can be difficult for some people to make sense of the different types of charges that arise involving the internet, such as messaging apps, social media platforms and other means of electronic communication. It is critical to make sure that you approach your case cautiously and understand how much may be at stake. From time behind bars to incredibly steep financial penalties, online crime cases must be carefully evaluated and approached in the most sensible way.

Handling charges related to revenge porn

Published on: August 18, 2018 | By Conaway & Strickler, P.C.

In a recent post, we explored some of the different reasons why people face cybercrime charges over pornography. In recent years, new laws involving technology have been introduced and some people may be surprised to find out that “revenge porn” is illegal. For example, someone who decides to share nude images or videos of their former partner without his or her consent may find themselves in legal trouble as a result of the allegations. Our law firm understands why people who are facing these charges in Atlanta and across the state of Georgia may be under a great deal of pressure.

In some cases, a person may knowingly share revenge porn, while others may accidentally share footage or fail to realize that they are breaking the law. Moreover, some people may be falsely accused of distributing revenge porn by a former partner. Regardless, these charges can have a significant impact on one’s future in all sorts of ways. Not only do revenge porn cases have a harsh stigma, but those who are charged with this offense may find that their lives change for the worse in various ways due to the charges. For example, they may lose friends over the incident, or have a hard time with respect to dating due to these allegations.

It is important to avoid sharing any unlawful content over the internet, of course. In the event that revenge porn charges have already arisen, you should have a clear understanding of your case and different legal options that may be available.