Georgia Criminal Defense Lawyers Blog

Criminal Defense: Georgia residents face charges for shooting

Published on: June 6, 2014 | By Conaway & Strickler, P.C.

Criminal defense: Three Georgia residents are in legal hot water after a shooting that took place recently. One of the three is accused of shooting and killing an off-duty police officer. All three people at the scene are now facing state criminal charges in connection with the incident.

The incident happened outside of a Waffle House where the off-duty police officer, although in full uniform, was acting as security for the restaurant. It is claimed that the three individuals were under the influence, making derogatory racial comments and were not respectful to the officer. Ultimately, the three allegedly caused a commotion, which prompted a request for them to leave the premises. An altercation occurred that continued in the parking lot, and the officer attempted to place the girlfriend of one of the men under arrest.

While the officer was attempting to restrain the girlfriend, he was on the ground, which is reportedly when the woman’s boyfriend shot the officer in the back multiple times. The alleged shooter and his girlfriend were charged with felony murder, and the third individual was charged with disorderly conduct. The girlfriend was also charged with felony obstruction.

Criminal Defense: Georgia teen faces state criminal charges

Published on: May 21, 2014 | By Conaway & Strickler, P.C.

Criminal defense: Criminal charges can temporarily obstruct a person’s life, and in the event of a conviction, that obstruction may be much longer in duration. If you or a loved one is facing criminal charges, you should call a criminal defense lawyer right away.

A Georgia teen is facing state criminal charges after he was accused of shooting at several people at a high school. He was charged with aggravated assault.

According to reports, witnesses overheard the teen say something that indicated that he was going to “mess” something up. Other witnesses reportedly observed a large group of people gathered when the teen reached for his weapon and fired shots. Five people were shot, with four of them being students. Authorities are not sure what the teen’s motives were for the shooting, but they are investigating the incident.

Georgia suspects arrested for tax fraud

Published on: May 8, 2014 | By Conaway & Strickler, P.C.

White collar crimes can affect individuals both legally and personally if they are convicted of the charges. Some of the most common infractions for which Georgia prosecutors seek convictions are tax fraud and identity theft. Throughout the years, millions of people have become victims of fraudulent tax filings, which has led to the arrest of suspects involved in tax rings. However, just because someone has been formally charged does not necessarily mean that are automatically guilty.

According to reports, authorities arrested 13 individuals who are accused of being involved with tax fraud and identity theft. Prosecutors believe that two more suspects are involved with the alleged fraud organization, but they have not yet been arrested. Reports indicate that over 50 suspects allegedly stole identities of other individuals for the purpose of filing fraudulent tax returns. The suspects would then reportedly steal the refunds.

Please see this blog on FATCA

Georgia officer faces drug charges

Published on: April 28, 2014 | By Conaway & Strickler, P.C.

Drug charges can have unfortunate consequences for accused individuals, especially in the case of a conviction. However, just because someone has been charged with a crime does not automatically mean they are guilty. A Georgia police officer was recently arrested and now faces drug charges. He was accused of having cocaine and marijuana in his possession.

The county sheriff’s department issued a request to Georgia officials to launch a drug investigation. Reportedly, authorities went out to the suspect’s home to conduct a search. Authorities allegedly discovered controlled substances in his bedroom.

The suspect was arrested and faces a felony charge of violation of oath by a public official and possession of drug paraphernalia. He was also charged with possession of marijuana and possession of cocaine. It is not known if the suspect was granted bond in this case. Other details about the arrest have not been reported.

Federal Crimes: Counterfeiting 101

Published on: April 10, 2014 | By Conaway & Strickler, P.C.

Federal Crimes: The United States, until recently, left counterfeit issues to the civil arena. If the situation needed to be addressed criminally, the federal government left it up to the states. The Anti-Counterfeiting Act of 1984 was drafted to make it easier to bring criminal charges at the federal level.

In 1994, Congress added counterfeiting under 18-USC §2320 (c)(7)(D) to the list of violations that constitute “specified unlawful activity” under the money laundering statute, 18 U.S.C. § 1956. Thereforce, proceeds allegedly gained from trafficking in counterfeit goods can now form the basis of a money laundering charge. This effectively “beefed up” the government’s ability to prosecute these cases. Penalties for violations of § 1956 and § 1961 are substantially greater than for trafficking in counterfeit goods. A violation of § 1956 carries a maximum sentence of twenty years in prison and a fine of $500,000 or twice the amount involved in the transaction. There is also a civil penalty of up to $10,000 or the value of the funds involved in the transaction, whichever is greater. In 1996, § 1961 was amended to include § 2320 as a RICO “predicate offense”. Once again, this “beefed up” the government’s ability to prosecute these type of cases with much more severe penalties. A violation of RICO carries a maximum penalty that includes twenty years’ imprisonment and a fine of up to “twice the gross profits or other proceeds” of the racketeering activity. 18 U.S.C. § 1963. Long and short of this brief legislative history of counterfeiting laws in the US, is that a case is prosecuted much more punitively than a mere 30 years ago.

Attorney blog: federal crimes, click here

White Collar Crimes: Georgia man charged with bank fraud

Published on: April 4, 2014 | By Conaway & Strickler, P.C.

White Collar Crimes: In some cases, bank employees can make mistakes on a customer’s account. Some of these mistakes are minor and easily corrected while others can prove costly. A bank employee reportedly made an error by depositing $31,000 into a customer’s account. Now, a Georgia man has been arrested for bank fraud.

According to reports, a bank teller accidentally deposited $31,000 into a man’s account. This may have been a case of mistaken identity since the funds that were deposited were for another bank customer with the same name. However, the man did not make the bank aware of this and allegedly withdrew almost $25,000 in multiple ATM withdrawals. He made a series of purchases, including fast food restaurant and grocery charges thus escalating the case and being charged with a number of white collar crimes. For more discussion on this, see this entry.

He also reportedly made a purchase at a car dealership. The bank eventually discovered the mistake and made contact with the man for payment arrangements. However, when he was unable to repay the bank, he was arrested. His bond amount, if any, is dependent upon his upcoming bond hearing.

Drug charges for Georgia physician and others

Published on: March 19, 2014 | By Conaway & Strickler, P.C.

Drug charges can typically carry long-lasting repercussions for those who are convicted, in addition to possible jail time. Understandably, Georgia officials and the federal government take these types of cases seriously and commonly prosecute this type of accusation to the fullest extent possible under the law. A doctor and three other suspects were charged with the illegal distribution of prescription pain pills in this alleged traveling “pill mill.”

According to reports, authorities launched an investigation that lasted for three years by multiple agencies. Reportedly, the physician would make visits to casinos and become acquainted with the employees while on location. He would allegedly write out prescriptions for a large number of painkillers. When apprehended by law enforcement, the doctor and three others were federally charged with illegally distributing prescription painkillers. Please see this entry.

If the suspects are convicted, they could face up to 20 years in prison for conspiracy with intent to distribute Oxycodone. In addition, the suspects could face up to 10 years in prison for possession with intent to distribute hydrocodone. Furthermore, they could face fines totaling $1 million. So far, the doctor has made an initial appearance in court.

Federal Crimes: FATCA What is it?

Published on: March 12, 2014 | By Conaway & Strickler, P.C.

Federal Crimes: FATCA stands for Foreign Account Tax Compliance Act. Back in March, 2010, United States legislators decided that the Internal Revenue Code was not bulky enough, and therefore added yet more chapters, 26 U.S.C. §1471-1474. The U.S. has been hard at work on pushing for increased tax compliance amongst U.S. taxpayers with foreign accounts and assets. FATCA forces foreign financial institutions (FFI) to disclose information on foreign accounts held by US citizens to the Internal Revenue Service.

Click here for another blog entry on Federal crimes

Although the effective date for FATCA was January 1, 2013, another new deadline is looming. Foreign banks must register with the IRS by June 30, 2014. A foreign financial institution could face significant consequences if it fails to enter into an agreement with the IRS. Institutions must now report to the IRS US taxpayers with overseas bank accounts. Failure to report certain transactions to the Internal Revenue Service will result in a 30% withholding penalty. FATCA’s intent is to lessen the ability to avoid paying US taxes. But, it is also a major step in global Orwellian information sharing.

Georgia man faces state criminal charges in wife’s death

Published on: March 7, 2014 | By Conaway & Strickler, P.C.

A wedding day is one of the most exciting events that someone can experience. Unfortunately, a newlywed Georgia couple never made it to their honeymoon. A man is facing state criminal charges following an accident that took his wife’s life.

The couple was on their way to their destination following the wedding reception. Authorities indicate that the crash happened when the suspect was reportedly attempting to avoid striking a dog. This attempt caused the vehicle to go off the road, resulting in the suspect’s wife being thrown from the vehicle. However, when the suspect’s blood alcohol content level was tested, the results allegedly showed that he was at .114 percent.

Authorities placed the suspect under arrest after he turned himself in and charged him with vehicular homicide and reckless driving. He was also charged with driving while intoxicated and failure to stay in a lane. He has since been released from jail on a $25,000 bond.

Federal crimes: Stealth provision outlaws dog fight attendance

Published on: February 13, 2014 | By Conaway & Strickler, P.C.

Not long ago, U.S. Congress passed a major farm bill. While this proved to be a significant news item, one aspect of the bill that is likely to have repercussions in the world of the law of federal crimes went nearly unnoticed. As a result of this legislation being signed into law, it is now a federal crime to attend an animal fighting event.

According to reports, it had previously been a crime to charge those who organized dog fights, but the legislation will now provide federal law enforcement officials with the authority to charge anyone who simply attends these events.

In addition to making it illegal on a federal level to attend a dog fight, a person can also be charged for bringing a child under the age of 16 to an event. Of course, this would only create additional trouble for someone who is charged under the new law.