Georgia Criminal Defense Lawyers Blog

Judge allows pair charged with tax fraud to continue filing taxes

Published on: March 16, 2017 | By Conaway & Strickler, P.C.

Many taxpayers in Georgia and throughout the country are charged with fraud each year. When the person charged with tax fraud is a tax preparer, the situation becomes even more complicated. A judge in Fulton County recently allowed someone whose tax filings are under investigation to continue her tax preparation business.

A Hapeville councilwoman and her daughter are being investigated for alleged tax fraud by the Georgia Department of Revenue. Officials claim that the pair were being scrutinized after a local television station had questioned thousands of returns they had filed. There was speculation that the amount of the returns their clients had received were inflated.

As a result of the ongoing investigation, the tax preparers had been prevented from filing additional returns by an injunction from the state. Investigators claim that filings made by the pair have cost the state of Georgia millions of dollars. Any returns already filed by clients of the tax preparers will be reviewed by the state’s Department of Revenue. Officials contend that if filings continue, more problems will occur.

Georgia man arrested on drug charges; police seeking another

Published on: March 1, 2017 | By Conaway & Strickler, P.C.

Georgia police recently responded to an incident involving two Marietta men. One has been arrested on drug charges. Officers are still searching for another individual who reportedly fled from the scene.

According to police reports, officers responded to a 911 call that had reported a parked car with a man sitting inside, vomiting outside the vehicle. When the police arrived on the scene, they initially spoke with him. However, reports state that the man fled on foot, then got into a van driven by an unidentified woman and left the scene. By police accounts, two officers were almost hit by the van as it left the scene. However, no assault charges were filed after a video review.

Police have apparently identified the man who allegedly fled the scene and report that he is 34 years old. Methamphetamine with an estimated street value of approximately $6,500 was reportedly discovered in the trunk of the car that remained at the scene. The man faces charges of trafficking methamphetamine, possession of cocaine, possession of a firearm during commission of a felony and intent to distributed marijuana. Those charges appear to relate to evidence said to have been seized from a backpack left in the car by the man who ran from the scene. He also faces charges of obstruction or hindering law enforcement.

Many facing theft and drug charges

Published on: February 15, 2017 | By Conaway & Strickler, P.C.

Criminal charges often result after a search warrant has been executed. Police may enter a home and discover multiple infractions. They often find things beyond what was specified in the warrant. A Georgia man now faces drug charges in a similar situation involving a recent search warrant.

Floyd County Police report that a 27-year old Chickamauga man was arrested following a search of his home. The police executed a search warrant at his residence and found methamphetamine there. Since the quantity of the drug in the house exceeded what they expect to find for someone’s personal use, and packaging materials were also found in the home, police charged the man with possession of methamphetamine with the intent to distribute.

The man is also charged with felony possession of methamphetamine. According to the police, they also served him with a warrant charging him with felony theft. They allege that the man stole a guitar valued at $1,800 from another home. He has also been charged with two felony charges of probation violation.

Drug charges for Georgia prison guard

Published on: February 1, 2017 | By Conaway & Strickler, P.C.

Most companies have policies regarding drug use at their places of employment. When those policies are violated, there are consequences — even if that workplace is a prison. A Georgia guard at Baldwin State Prison was recently arrested regarding drug charges of selling heroin. He was also charged with violating the oath of office.

The Commander of the Ocmulgee Drug Task Force stated that members of the task force had purchased heroin from the guard twice. They discovered that he was a prison guard the first time they bought the drugs. They got the appropriate warrants together before they purchased from him the second time. The entire investigation process lasted about a month.

The 30-year old guard was arrested during a 12-hour shift. He was taken from the prison where he works to the county jail. Reports state that the guard, a midlevel corrections officer, had worked since 2010 for the Georgia Department of Corrections. He lived with his parents and drove to work in the same truck he allegedly used for selling the heroin.

Drug charges likely after license check in Georgia

Published on: January 16, 2017 | By Conaway & Strickler, P.C.

Routine license checks are often conducted by law enforcement. In addition to determining possession or validity of licenses, officers also may check for driver impairment, vehicle fitness or drugs. Georgia residents may find themselves facing drug charges or other violations after being stopped at a license check. Several individuals are now under investigation after a recent operation in the state.

Law enforcement officials from the Georgia State Patrol, a local county sheriff’s office and the Georgia Department of Community Supervision worked jointly to conduct a license check on Interstate 75. Drivers were notified about the license check via message boards on the interstate. The checks were conducted for several hours on Jan. 13 for each vehicle that took Exit 13 off I-75.

A group of state troopers, deputies, probation officers and K9 personnel worked together to issue a total of 37 citations and five warnings. Citations were given for suspended licenses, unlicensed drivers, seat belt violations and child restraint violations. Felony arrests were made after officers seized several drugs, including marijuana, Flexeril and Diazopam. Other drug-related objects were also discovered in the operation.

Criminal defense on tap after 22 arrests in Georgia

Published on: January 5, 2017 | By Conaway & Strickler, P.C.

Crime rates are high in many areas. However, not all people charged with crimes are convicted. In fact, some accused individuals are successful in having their charges lowered or their cases dismissed entirely. Often, aggressive strategies help defendants protect their rights and preserve their freedoms. There are at least 22 people in Georgia who are likely focused on criminal defense after their recent arrests over a six-day period.

Columbus police investigated various possible crime situations in the area. In addition to arresting so many people, authorities say they also recovered over $100,000 in stolen property. A special operations division and patrol unit combined efforts in this particular investigation.

Authorities say 10 vehicles that had previously been reported stolen were seized. All of the persons arrested will have their day in court. Regardless of how minor or serious charges are, American jurisprudence protects the rights of every accused individual by allowing him or her to present a defense and by guaranteeing the presumption of innocence unless and until prosecutors prove otherwise in court. It can be quite intimidating to go up against tenacious prosecutors, however, which is why it is highly advisable to act alongside experienced and aggressive defense assistance.

Defense options for white collar crimes charges in Georgia

Published on: December 21, 2016 | By Conaway & Strickler, P.C.

Being accused of a crime in Georgia (or anywhere, for that matter) may have immediate and long-lasting negative effects, even before a case is tried in court. Society can be harsh toward those who find themselves in trouble with the law. Often, people form opinions without knowing all the facts. If a person is charged with criminal offenses such as white collar crimes or other criminal acts, it is typically best to seek immediate defense assistance to obtain help in preserving his or her reputation and freedom.

The term, “white collar crime” refers to any number of non-violent criminal offenses perpetrated in order to obtain financial gain. Identity theft, tax evasion and illegal use of a credit card all come under this category. Many times, large amounts of money are involved, and penalties if convicted may include extended time in prison and/or substantial fines.

With regard to tax fraud or bank-related offenses, it may be that a documentation error led to the appearance of fraud. If this is the case, a criminal defense attorney can advise a defendant how best to proceed to rectify the situation. If authorities conduct a formal investigation, a lawyer can launch a counter-investigation to scrutinize the process by which any search or seizure occurred and to protect the personal rights of the accused.

Criminal Defense: Cosby and the concept of “similar transactions”

Published on: December 14, 2016 | By Conaway & Strickler, P.C.

Criminal Defense: In criminal trials, prosecutors will often attempt to bring in prior convictions or prior bad acts in trial as a way to persuade jurors as to a defendant’s guilt. These are fights that our fought before trial in pretrial hearings. The case against actor Bill Cosby is a great example of a prosecutor trying to get in prior bad acts. Cosby faces sexual assault charges in Montgomery County, Pennsylvania. Today, the prosecutor attempted to win a preliminary hearing arguing for the testimony of more than twelve women to testify at Cosby’s upcoming trial. The prosecutor argued a concept that we use in Georgia of “similar transactions”. If the judge allows this testimonry to come in, it will ease the prosecutor’s burden of showing intent and it will most definitly bolster the prosecution’s case against Cosby. In Georgia, these “other acts”, like in Pennsylvania, need to be similar enough so that they show the “handiwork of the same perpetrator,” (the PA prosecutor’s words from today) and the limited purpose of showing the defendant’s state of mind, knowledge, intent, or mode of operation in the crime charge (Georgia). In both states, the judge will focus on the similarities versus the differences in making his/her decision in allowing similar transactions in.

Interestingly, the prosecutor has a tough burden in the Cosby case. The Pennsylvania State Supreme Court recently ruled against allowing too many victims testifying. What is a good limit? The judge will probably rule on this issue today.

For additional blog entries, see here.

Sex Crimes: Man released after conviction says GPS monitor unjust

Published on: December 7, 2016 | By Conaway & Strickler, P.C.

Many people convicted as sex offenders in Georgia spend extended time in prison and are then released back into public life. The law requires that such persons be categorized as to the severity of the crime they committed and their likelihood to re-offend. Those listed in category three, the highest group for the worst sex crimes, must register as offenders for the rest of their lives, and they must also wear tracking devices on their ankles.

Many may be surprised to learn that people (who have already served their full sentences) wearing ankle monitors post-prison are required to pay for the devices. The entire topic is being hotly debated in a Georgia Supreme Court. One justice said it is unfair to place that financial burden on someone who has already fulfilled the sentence for the crime committed. He noted that even a few dollars a day adds up to more per year than many people are able to afford.

Another surprising detail regarding ankle monitors worn by past offenders in this state is that if they remove them or do not wear them, there is no legal consequence. In other words, the state says the devices are meant to help authorities keep track of past offenders but are not punitive in any way. As such, some say the requirement is unconstitutional. One man who was fitted with a device then moved to another county where authorities chose not to make him wear it.

4 travelers facing drug charges after traffic stop in Georgia

Published on: November 22, 2016 | By Conaway & Strickler, P.C.

When one is pulled over in a traffic stop in Georgia, a particular outcome can never be assumed. Some situations end with an officer sending a motorist on his or her way after issuing some type of warning regarding a particular traffic offense. Other incidents quickly unfold, creating problems much more serious for drivers (and, sometimes other vehicle occupants, too). A recent traffic stop resulted in four people facing drug charges.

Two men and two women were in the vehicle. They were stopped by a police officer on a recent Thursday morning. The officer who approached the car at the time later claimed to have immediately smelled marijuana.

At some point, authorities allegedly seized approximately 70 ecstasy pills and at least $3,000 worth of marijuana. One official said he typically expects an increase in such arrests as the holiday season gets underway. All four persons who were riding together that day have been charged with possession of illegal drugs with intent to distribute. The two men who were charged are apparently brothers.