Georgia Criminal Defense Lawyers Blog

Proposed bill could have criminal defense applications

Published on: January 30, 2015 | By Conaway & Strickler, P.C.

Readers may be aware of recently proposed legislation that has sparked debate concerning the use of police license plate readers. These devices are able to scan and record images of license plates, giving law enforcement the chance to locate individuals who have active arrest warrants or are otherwise being sought for questioning. The use of these scanners has become common in Georgia and across the nation, and has led some lawmakers to question the limits that might be placed on the use of the devices. The matter also leads to interesting questions about the criminal defense tactics that might be used in cases that involve these readers.

The recently proposed bill would require police departments to delete captured images 30 days after they were gathered. Those behind the bill assert that, while the devices offer a powerful tool for law enforcement, there is a balance that must be sought between combating crime and protecting the rights of citizens. An additional provision is expected to be added that would prevent police from sharing captured images with federal authorities.

Many people are unaware of how advanced this technology has become in a very short period of time. Readers can be mounted on police vehicles, traffic signals and even road signs. The data that is gathered is not just used to make traffic stops when a “hit” is recorded, it is also being compiled by the Justice Department into a federal database that can track the movement of vehicles across the nation. This, for many, is a violation of an individual’s right to privacy.

4 individuals face drug charges after bust in Georgia

Published on: January 14, 2015 | By Conaway & Strickler, P.C.

Illegal drugs can be detrimental to a person’s health and personal life. They can also cause serious legal problems. This is particularly true for selling and distributing illegal drugs. Four individuals were recently arrested on drug charges in Georgia.

The drug bust happened in early January after police officers purportedly obtained information regarding methamphetamine allegedly being sold at a room in a local hotel. Police officers say they discovered more than an ounce of methamphetamine as well as more than an ounce of marijuana while searching the hotel room. The drugs were allegedly packaged into smaller quantities. The total street value of the illegal drugs was estimated by authorities at $2,500.

In additional to the alleged illegal drugs, the police also apparently discovered one firearm. Along with being charged with possession of marijuana and methamphetamine with intention to distribute, one 25-year-old man was also charged with possessing a firearm while committing a crime. Another 24-year-old man was charged with possession of marijuana and methamphetamine with intentions to distribute. Two women, 33 and 30 years of age respectively, were also charged with possession and intent to distribute marijuana and methamphetamine.

Criminal Defense “Arrested” author cited in elite book review

Published on: January 9, 2015 | By Conaway & Strickler, P.C.

Criminal Defense:

Alan Caruba, a member of the National Book Critics Circle, has included “Arrested, Battling America’s Criminal Justice System ($19.95 Bascom Hill Publishing Group, softcover) by Dan Conaway in his Picks of the Month post for January on his blog, Bookviews. You can find the post here.

Arrested: Battling America’s Criminal Justice System is for you if you are a good, decent, law-abiding citizen who happened to be in the wrong place at the wrong time–or know someone who was–or you just want to know more about the American criminal justice system, this book is definitely for you.

Drug Charges:Cops claim Georgia teacher let teens smoke marijuana

Published on: December 31, 2014 | By Conaway & Strickler, P.C.

Drug Charges: Most teachers are committed to the well-being of their students. In fact, many put in extra hours to help tutor their students to help them be successful in school. However, police claim that a social studies teacher in Georgia was actually allowing teenagers to come to her house to smoke marijuana instead of receiving tutoring.

Police claim that they became suspicious after receiving several reports about multiple teenagers coming in and out of the house. They say that when they arrived at the house, they found what they described as evidence of marijuana use as well as the drug. Both the teacher and her husband have been arrested.

Officials say that they believe that the woman allowed teenagers to use the drug in her house. She has been charged with contributing to the delinquency of a minor and possession, among other charges. At this time, it is unclear how the police determined that the teenagers were actually ingesting the drug or if they had a search warrant that led to the alleged discovery of the drugs.

Accused of tax fraud? Don’t let federal prosecutors bully you

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

There is a significant distinction between state and federal charges, but for many people in Georgia, there may be a significant amount of confusion between the two. Before a person accused of any crime can proceed, understanding the differences between these two types of charges can be crucial to a favorable outcome. Those dealing with federal charges such as insurance or tax fraud may have extra considerations to take into account.

If you’re accused of committing a federal crime, your case will be handled by the federal courts rather than the court local to your state. The idea of standing before a federal judge can be understandably overwhelming, but no matter what court you appear in, you still retain the same rights and protections. Most importantly, you are still presumed innocent throughout the entirety of court proceedings.

Tax fraud: Allegations that could potentially place your case in federal rather than state court can vary. For instance, committing a crime that would usually be handled by the state can immediately become a federal issue simply by occurring on federal property. Others face federal charges for supposedly committing certain crimes in multiple states.

Criminal Defense:Investment Fraud and Willful Blindness Doctrine

Published on: December 11, 2014 | By Conaway & Strickler, P.C.

Criminal Defense: U.S. District Judge Laura Taylor Swain sentenced Bernie Madoff’s assistant, Annette Bongiorno, 67, to six years in prison – a lenient sentence far less than recommended by the federal sentencing guidelines. During sentencing, Judge Taylor told Ms. Bongiorno that she had “willfully blinded herself,” and “chose Madoff’s blessing” over “her own moral compass.”

The term willful blindness is the key issue in many white-collar criminal cases involving phony investment schemes like Madoff’s and other types of fraud schemes. The practical legal purpose of thewillful blindness doctrine is to allow prosecutors a way of proving that someone involved in implementing an investment scheme, regardless of their role in the scheme, should have known it was illegal but willfully chose to turn a blind eye to the illegality, because they were making good money.

So, as an employee, if your boss tells you he is selling ownership shares in Santa Claus’ workshop at the North Pole and someone who invests $100,000 will receive a one percent ownership of Santa Claus’ workshop and reap guaranteed returns on their investment of $10,000,000; and you participate in selling this “investment opportunity” to the public, a judge or a jury can find you guilty under the willful blindness doctrine of participating in an investment fraud scheme. Your defense at trial will be, of course, “hey, who doesn’t believe in Santa Claus? My boss told me he personally knew Saint Nick, so I figured it was a good investment.” Under the willful blindness doctrine you can be found guilty anyway, unless, of course, your lawyer is able to actually subpoena Santa from the North Pole to come testify on your behalf.

Police arrest 8 individuals on drug charges in Georgia

Published on: December 3, 2014 | By Conaway & Strickler, P.C.

Marijuana can come in various forms. One new form of marijuana, known as “ear wax,” is becoming more common in some parts of Georgia. However, no matter what form of the drug one is in possession of, it is still against the law. Eight individuals found this out after they were recently arrested on drug charges during two separate drug busts by law enforcement officials.

The series of arrests by local police began in mid-November after three men were arrested at an apartment complex. The three men allegedly were in possession of marijuana ear wax. Police also discovered several objects that they deemed to be drug-related. The three men consisted of two 18-year-olds and one 19-year-old.

The police then arrested another five individuals the next day for possession of marijuana ear wax. Law enforcement officials say they received a tip-off that enabled them to obtain a search warrant. Investigators found several containers of marijuana ear wax. Along with various drug-related objects, investigators also seized a firearm as well as suspected stolen items.

Ferguson and Zero Tolerance

Published on: November 25, 2014 | By Conaway & Strickler, P.C.

Zero Tolerance: A grand jury on Monday declined to indict police officer Darren Wilson in the fatal shooting of 18 year old Michael Brown. It took months for the grand jury to contemplate this decision. It took St. Louis County Prosecuting Attorney Robert P. McCulloch too long to actually announce the decision. It seemed clear that there would be no indictment since the grand jury took way too long to make their decision.

So, now there will be no state charges against the officer. And, if a grand jury cannot indict, any type of civil suit will fail as well. So, what does that leave as a recourse in this particular case? The Department of Justice? Will they intervene? That did work for the Rodney King case, but there are many examples where it did not.

So, where do we go from here?

Drug Charges: Voters say YES to Marijuana

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

Drug Charges: Voters say YES to Marijuana

This past week, we had some interesting election results. The Republican Party took home the big wins. Even President Barack Obama’s home state of Illinois switched to Red with Bruce Rauner taking over seat as Governor. But forget red and blue, the new political color of this country seems to be turning a pale shade of green, growing denser and danker with each election cycle. Yesterday voters in Alaska, Washington D.C., and Oregon, have decided it was due time that recreational use of marijuana be legalized.

This relatively new shift and leniency in drug laws illustrates a broad, budding new attitude toward narcotics in the United States. The tide is already changing, as can be seen on a state level with the results from yesterday’s election, as well as on a Federal level, with the recent two-point reduction on drug-related convictions–future, present, and past–which has and will continue to result in a reduced sentencing for all relevant convictions… or at least for the crimes not perpetrated by individuals with previous convictions of a sexual or violent nature. It is important for the judicial system as a whole for laws to be able to adapt to contemporary social standards and practices. Regardless of political stance, these new regulations are proof of a living democracy.

Drug Charges: Search at home results in 2 arrests on drug charges

Published on: November 5, 2014 | By Conaway & Strickler, P.C.

When undercover operations lead to the execution of search and arrest warrants, arrests often quickly follow. This was the case for two Georgia residents who were arrested in late October on drug charges. The charges stem from an ongoing investigation by undercover members of a law enforcement narcotics team.

Drug Charges: According to reports, local city and county law enforcement personnel, paired with a narcotics team, went to a residence with search and arrest warrants. As soon as officers entered the residence, they were allegedly shot at by those who were inside. After securing the situation and subsequently searching the home, authorities reportedly discovered marijuana, heroin and Oxycodone, along with over $1,000 in cash and a loaded firearm. In addition, authorities searched a storage unit where they found more heroin.

Authorities arrested two people who were inside the home at the time the warrants were executed. The two, one male and one female, are now facing felony drug charges. Both defendants are being held in a local detention center awaiting arraignment. The male who was arrested has been arrested twice before on drug charges and was the subject of the undercover operation.