Georgia Criminal Defense Lawyers Blog

Early Termination of Federal Probation

Published on: October 12, 2023 | By Conaway & Strickler, P.C.

Under 18 U.S.C. § 3564(c), a federal court may modify or terminate a term of probation, or supervised release, that has been previously imposed. For a federal misdemeanor, a term of probation can be modified or terminated at any time. For felonies, however, the defendant must have completed at least one year of their federal probation before the Court may modify or terminate the sentence.

In deciding whether to terminate probation early, the Court will consider the factors set forth in 18 U.S.C. 3553(a). The 3553(a) factors include: the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the need for the sentence imposed to protect the public from further crimes of the defendant, the need for the sentence imposed to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment, and the need for the sentence imposed to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.

After a defendant files a petition to have their sentence modified or terminated, it is the Judge’s decision whether probation should be terminated early. This judge will often be the same judge that imposed the original sentence. In most cases, judges deny requests; however, certain factors can strengthen a defendant’s request for early termination of probation. Overall, to successfully terminate a term of probation, the defendant must show that they have earned it through good conduct, and it would be in the interests of justice.

Conaway & Strickler, PC In The News

Published on: October 6, 2023 | By Conaway & Strickler, P.C.

Meg Strickler often discusses the law in the media. Recently, with all of the attention of the former President Trump being charged in several indictments, Meg Strickler has been quite busy discussing her thoughts on the various cases. She was asked by NBC 11 Alive more than once for her thoughts on the RICO Trump indictment in Fulton County. She also was featured in an article by the BBC, among others.

Georgia’s RICO act can be used by county district attorneys in a variety of ways including both Trump and the Cop City indictment in Dekalb County. The state of Georgia RICO statute is even more broad than the federal RICO statute.

The RICO statute is explained in another blog by Conaway & Strickler, PC. Feel free to contact us if you should have any questions on RICO and more importantly, should you or someone you love be facing a state or federal RICO charge.

FAQ for Georgia Nursing License Issues

Published on: October 1, 2023 | By Conaway & Strickler, P.C.

What does the Georgia Board of Nursing Regulate?

The Georgia Nursing Board regulates:

Licensed practical nurses (LPNs)

SHUT UP! Never speak with law enforcement without a lawyer

Published on: September 30, 2023 | By Conaway & Strickler, P.C.

In 25 plus years of practicing law, I find this is the one rule clients of mine perpetually break. Every single word uttered can impact the outcome of a case. So, if you have a early morning or early evening, “knock and talk” SHUT UP! Please state that you want a lawyer and then you can potentially give a statement. Criminal investigators of all kinds (IRS agents, FBI, Detectives, DFACS, etc) are trained to make one feel at ease and that “this is no big deal”. Wrong. It IS a big deal. Remember they are recording you, and everything you say can and will be used against you.

You have the right to say nothing! Use it.

Don’t hand them your phone either. Please. Don’t allow them to search anything unless they have a valid search warrant. Be super nice to them and cooperate/be compliant but do not “consent” to a search. You are doing nothing wrong by asking for a lawyer before you speak or work with them.

What is a PSR Interview?

Published on: September 18, 2023 | By Conaway & Strickler, P.C.

The PSR interview consists of meeting with the assigned probation officer for about two hours, and you have the right to have your attorney present during the interview. The probation officer will ask you about, among other things: your childhood, any abuse you have gone through, family members and their support of you, places you have lived, marriages, divorces, children, medical history, mental health, education, military service, any drug problems, your past arrests and convictions, any terms of probation or parole, and, about how you got involved in the offense.

Your probation officer will also ask you about how you’ve accepted responsibility for breaking the law. It is important to be aware that, in the federal system, defendants who do not clearly accept responsibility for their actions can receive harsher sentences than those who admit they broke the law, follow the rules of the Court, and continue to follow the law.

Your probation officer will also ask you about the assets you and your spouse own, any cash you have, and any debts you owe. This is because in some cases the Court is required to determine if you have the ability to pay a fine or, in some cases, restitution to victims. Restitution can be mandatory, and the financial information you provide will be used to determine monthly payments. Because of this, and because your officer will investigate and confirm the information you provide, it is very important you give truthful information about your financial situation. You may also be asked to provide documents such as, but not limited to, statements, deeds, and titles, which support the information you provide verbally, and on a variety of financial forms. Finally, you will be asked to sign a variety of release forms that will allow your officer to access government records, as well as educational, medical, psychiatric, and employment information about you.

What is a Presentence Investigation Report (“PSR”)?

Published on: September 18, 2023 | By Conaway & Strickler, P.C.

A Presentence Investigation Report, often abbreviated as “PSR” or “PSI”, is a document created by the United States Probation Office after an individual has been convicted of a felony in federal court. The PSR documents the convicted individual’s life history and background and is provided to the Court to assist in determining a fair sentence.

After a defendant pleads guilty (or is found guilty by a jury or judge), the judge will order the probation officer to create the PSR. The assigned probation officer will conduct a PSR interview with the defendant as well as an independent investigation into the offense to gather information.

Once the initial PSR is complete, the report is sent to your attorney, the Government’s attorney, and the Court. Once disclosed, your attorney is required to review the report with you. If you see any information that is incorrect, or if you disagree with how the guidelines are computed, your attorney can file objections to the PSR. The final PSR will make any corrections and note any objections in the PSR Addendum. If there are still any unresolved objections by the day you are sentenced, the Judge will resolve any disagreements before pronouncing your final sentence.

Georgia RICO Defined

Published on: September 1, 2023 | By Conaway & Strickler, P.C.

Trump has been indicted in Fulton County Superior Court.

So, what is RICO and why is it important in this case?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was original designed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon. And, within a few years, Georgia enacted their own version, and of course, as years went by, both state and federal prosecutors saw opportunities to expand the use to other types of cases.

Health Care Fraud

Published on: July 29, 2023 | By Conaway & Strickler, P.C.

By: Onisuru Ojegba, Legal Intern to Firm

J.D. Candidate, Class of 2025

The George Washington University Law School

Insurance Fraud

Published on: July 29, 2023 | By Conaway & Strickler, P.C.

By: Onisuru Ojegba Legal Intern to the firm

Insurance fraud consists of crimes where an individual consumer or insurance company, agent, or adjuster commits deliberate deception to obtain illicit profits or benefits. While the classification of insurance fraud is broad and consists of many different variations, including health care fraud, life insurance fraud, and unemployment fraud, the crime occurs in the same manner; during the process of buying, selling, or underwriting insurance.

While every state has its own laws which criminalize insurance fraud, federal law does not specifically address the crime. Instead, federal law addresses insurance fraud through The Violent Crime Control and Law Enforcement Act (1994), which gives the Federal Government jurisdiction over insurance fraud once a transaction crosses state lines (either physically or through wire). The alleged fraud then falls into the federal government’s jurisdiction and will be prosecuted at the federal level. Title 18 U.S. Code § 1033: specifically outlines this jurisdiction as Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. This law separates insurance fraud into 5 categories including:

How is White Collar Crime Generally Prosecuted?

Published on: July 10, 2023 | By Conaway & Strickler, P.C.

The Department of Justice investigates and prosecutes cases where large amounts of money is alleged to have been taken. Examples of white collar crimes are money laundering, bank, wire and mail fraud, tax evasion, insider trading, insurance fraud, mortgage fraud, bribery and embezzlement. Of course Homeland Security, the FBI, the IRS, Customs and Border Patrol and SEC can also investigate and prosecute cases of fraud as well.

The government has a special United States Guideline Chapter dedicated to “basic” economic offenses. For purposes of this blog, this chapter will be discussed in more detail below. As with anything involving federal criminal litigation, nothing is crystal clear in the law. Therefore, there is also a chapter in the United States Guidelines dedicated to tax offenses, election fraud, gambling, and money laundering in the United States Sentencing Guidelines.

This USSG chapter DOES cover extortion, bribery, kickbacks, counterfeiting, embezzlement, health care fraud, computer fraud, insurance fraud, securities fraud, mortgage fraud, identity fraud, bankruptcy fraud, etc. What is most important in this chapter is the loss amount. All charges start off with a base offense level of 6 or 7 depending on the statutory max of the offense charged. Then, you look at what the “loss amount” is using the below table.

Loss (apply the greatest)	Increase in Level
(A) $6,500 or less	no increase
(B) More than $6,500	add 2
(C) More than $15,000	add 4
(D) More than $40,000	add 6
(E) More than $95,000	add 8
(F) More than $150,000	add 10
(G) More than $250,000	add 12
(H) More than $550,000	add 14
(I) More than $1,500,000	add 16
(J) More than $3,500,000	add 18
(K) More than $9,500,000	add 20
(L) More than $25,000,000	add 22
(M) More than $65,000,000	add 24
(N) More than $150,000,000	add 26
(O) More than $250,000,000	add 28
(P) More than $550,000,000	add 30.

The loss amount is a pandora box of confusion and the government is able to add all kinds of relevant conduct and intended loss conduct to inflate these numbers.

To further make things complicated, there are enhancements in this section that permit the government to add levels for things such as the use of sophisticated means, role in the offense, number of victims, a defrauding a charity, mass marketing, among others.

Navigating the federal criminal system is a task that should not be endured alone. Contact our team today for more information about we can protect your rights and your freedom.