Georgia Criminal Defense Lawyers Blog

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.

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.