J. Pete Theodocion, Attorney at LawAugusta Criminal Defense Lawyer | J. Pete Theodocion, Attorney at Law2024-02-07T16:40:06Zhttps://www.georgia-criminalattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1500862/2020/04/cropped-site-icon-32x32.jpgOn Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478632024-02-07T16:40:06Z2024-02-07T16:40:06Zonly a small fraction of federal cases end in acquittal.
What might lead to federal prosecution for a drug-related offense in Georgia?
Investigation or arrest by federal authorities
One of the most important considerations when establishing the jurisdiction for a criminal offense is what law enforcement agencies or regulatory organizations uncovered the misconduct, gathered evidence or arrested someone. An individual swept up in a large-scale enforcement effort by the Drug Enforcement Administration (DEA) might face federal charges. Someone arrested for drugs found in their pockets during a traffic stop might face state charges even though both people may have possessed the same amount of the same drug.
Operations that cross state lines
Location is another key consideration when determining who has jurisdiction to prosecute someone. An individual arrested in Georgia usually faces accusations of violating Georgia laws. However, if they traveled to Georgia from Florida or vice versa while in possession of controlled substances, their actions might constitute interstate trafficking and could lead to federal charges. Particularly when someone travels with a large amount of controlled substances, they could be at risk of federal prosecution.
Involvement in a conspiracy
A drug conspiracy might involve plans to cooperate in the manufacturing or distribution of illicit substances. Those attempting to cooperate with someone to make their income look legitimate could also face accusations of a money laundering conspiracy. Oftentimes, charges involving multiple different parties, especially if they are in different jurisdictions, can lead to federal charges. So can any kind of organized criminal activity that utilizes federal resources, like the postal service or the Federal Reserve.
The dangers of federal drug charges include the risk of being affected by a very serious criminal record and the possibility of a mandatory minimum sentence after a conviction or guilty plea. Understanding what might lead to federal prosecution could help people who are currently worried about a pending investigation or a recent arrest to make more informed choices about their circumstances.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478612023-11-13T15:23:48Z2023-11-13T15:23:48Zfake prescription pills sold on the unregulated market. Fentanyl contamination can have a major impact on someone's criminal charges if they get arrested with drugs that contain fentanyl.
How contamination affects a criminal case
There are several ways in which someone accused of a drug crime in Georgia might pay a higher price because of fentanyl contamination. The first and most obvious is that the state will likely pursue charges related to the current scheduling status of fentanyl. It is a Schedule II substance, making it one of the most dangerous types of drugs to possess.
Typically, the charges that people face depend on the weight of the drugs found in addition to the type of drugs. The state might potentially try to bring charges for the full weight of all of the drugs contaminated by fentanyl as Schedule II drugs. Additionally, judges might have a harsher response to a case involving fentanyl contamination. Often, the people caught with drugs contaminated by fentanyl may not even know about its presence. They could then endanger anyone that they share those drugs with because they won't have accurate information about the substances they will consume.
Fentanyl is one of the reasons that fatal opioid overdoses have surged in Georgia in recent years. Judges may assume that someone was aware of the fentanyl contamination and that it was intentional. They might impose the harshest possible penalties because of how fentanyl contamination affects members of the public.
Those who are unaware of fentanyl contamination before consuming drugs are at elevated risk of overdose and death. Those caught with contaminated drugs may face serious consequences if they plead guilty or get convicted. Recognizing how certain factors can complicate Georgia drug charges may benefit those trying to put together an effective defense strategy with the assistance of a skilled criminal defense attorney.
]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478602023-08-16T03:55:45Z2023-08-16T03:55:45ZThey obtain appropriate professional support
There will usually be a paper trail that allegedly connects the person accused of embezzlement with certain financial transactions. Often, those accused of embezzlement will require a trained financial expert, like a forensic accountant, to help them review the evidence gathered by their employer or prosecutor. A forensic accountant could raise questions about the accuracy or completeness of financial records are provide more clarity about when and how questionable transactions occurred.
They identify an alternate suspect
Sometimes, those accused of embezzlement played no intentional role in financial misconduct but may have completed transfers or issued checks under the instruction of someone else. Being able to identify who actually wanted to complete those transactions or who benefited from them could help someone accused of embezzlement propose a viable alternate suspect who could be guilty.
They provide proof of deliberate compliance
The records that someone keeps of their business travels and financial transactions might help them establish that they didn't actually misuse company resources or try to pass off personal expenses as business expenditures. Someone's personal journal and private financial accounts could be a good place to glean evidence regarding everything from the training they received on company policies to what actually happened during a business trip when alleged financial misconduct took place.
Solid defense strategies often require a careful review of evidence or the process of finding additional evidence that may reframe the circumstances. Without a strategic defensive response, embezzlement charges could lead to someone's incarceration and an order to repay their employer, as well as major challenges when seeking gainful employment in the future. Fighting back against embezzlement charges and other allegations of financial misconduct is of the utmost importance for those hoping to preserve their reputations and their careers.
]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478592023-05-12T10:16:32Z2023-05-12T10:16:32ZFederal prosecutors have already established precedent
In order to charge people with not just a drug trafficking or manufacturing offense but rather a conspiracy charge, law enforcement professionals and prosecutors typically need to connect someone directly with other people involved in criminal activity. A group chat where people make jokes about drugs could potentially influence what criminal charges someone faces. Someone's sense of humor and inside jokes with people in their inner circles could look like suspicious or even criminal activity to those working in law enforcement.
Jokes about coming back from a trip to Mexico with enough marijuana or cocaine for everybody, for example, might end up worsening someone's legal situation if they get arrested for drug possession later. Federal prosecutors have previously brought serious charges based almost solely on group chat records. Given how people increasingly socialize with others on digital platforms and through smart devices, the likelihood of drug conspiracy charges arising from the conversations someone has with friends online or in a group chat on a social media app isn't something people can outright ignore.
Raising questions about evidence can be an effective defense strategy
There can be a significant burden on criminal prosecutors when trying to prove that someone violated the law. They must have have evidence beyond a reasonable doubt to secure a conviction in court. Reinterpreting or explaining digital evidence can be part of a broader defense strategy responding to allegations of a drug offense, especially complicated federal charges like drug conspiracy accusations. Recognizing how personal habits might put someone at risk of criminal prosecution can benefit those with a sense of humor or social habits that prosecutors or police officers may not understand.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478582023-02-14T00:21:38Z2023-02-14T00:21:38ZWhat is Georgia's stand-your-ground law?
Georgia's stand-your-ground law is codified in O.C.G.A. § 16-3-23. The law provides that an individual is justified in using force, including deadly force, against an attacker if the individual reasonably believes that such force is necessary to prevent death, significant bodily injury, or the commission of a forcible felony.
When does Georgia's stand-your-ground law apply?
Georgia's stand-your-ground law applies when another person threatens an individual with the use of force. The critical element of the law is that the individual must reasonably believe that the use of force is necessary to prevent death, great bodily injury, or the commission of a forcible felony.
This means that the law does not apply in situations where the individual is the initial aggressor or where the individual could have safely retreated from the situation. In such cases, the individual would not be considered to be acting in self-defense and would not be immune from criminal prosecution or civil liability.
When does Georgia's stand-your-ground law not apply?
There are several situations in which Georgia's stand-your-ground law does not apply, including:
Initial aggression. If an individual is the initial aggressor in a situation, they cannot claim self-defense under the stand-your-ground law.
Illegal activity. If an individual is engaged in an unlawful activity when the force was used, they cannot claim self-defense under the stand-your-ground law.
Georgia's stand-your-ground law provides individuals with the right to use force, including deadly force, in self-defense without the obligation to retreat from a dangerous situation. While the law has been a topic of much debate, it is crucial to know when it does and does not apply to ensure that individuals understand their rights and responsibilities in self-defense situations.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478572022-11-09T21:08:37Z2022-11-09T21:08:37ZMiranda violations trigger the exclusionary rule
Prosecutors typically cannot present evidence in criminal court if police officers violated the law together that evidence. The so-called exclusionary rule prevents the state from using illegally-obtained evidence during criminal trials.
If you can show that police officers violated your Miranda rights, possibly by failing to provide the Miranda Warning before questioning you, you could invoke the exclusionary rule. The courts may have to exclude a confession or any statements that you made to the police after a Miranda violation regardless of how important those statements are for the prosecutor's case.
After a Supreme Court ruling in the early summer of 2022, it is no longer possible to bring a civil lawsuit against a police officer or police department for a Miranda violation. However, defendants still have the right to assert a violation as part of their broader defense strategy during criminal proceedings.
Did a violation actually occur?
Some people have the wrong expectation for the Miranda Warning based on popular media. It's important for defendants to realize that the Miranda Warning is only necessary before someone undergoes questioning while in state custody. It is not part of the standard arrest protocol, so an officer failing to provide the Warning during an arrest is not automatically mean a violation occurred.
Looking into the details of your recent arrest can help you determine the best criminal defense strategy for your situation.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=478022022-09-29T14:00:03Z2022-08-16T19:54:39ZA conviction with a domestic violence charge
There are several felony offenses, including violent felony offenses, that can affect someone's legal right to own a firearm. When it comes to domestic violence allegations related to a spouse, even a misdemeanor offense will be sufficient to trigger limitations on someone's firearm ownership rights.
If an individual with a domestic violence conviction in their background gets caught in possession of firearms, the state may charge them with a crime even though their only offense is owning a seemingly legal firearm.
A substance abuse issue
The individuals filling out the paperwork to purchase a firearm have to answer questions about whether they have substance abuse issues. Those addicted to prohibited drugs cannot legally own or carry a firearm. It is also illegal at the state level to discharge a firearm while under the influence of alcohol.
Individuals caught in possession of prohibited substances in addition to firearms could face charges as a result. Whether the firearm charge is the only criminal allegation you face or a secondary charge in addition to another offense, you need to recognize that a weapons charge could have a major impact on your future opportunities. You don't need to use the firearm or even take it out of your home for the state to potentially charge you with a crime for owning it.
Defending yourself against allegations of criminal misconduct may require careful review of the evidence and a well-planned legal strategy.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=470552022-09-29T14:00:16Z2022-05-09T22:20:45ZA highly addictive substance
First and foremost, the Mayo Clinic considers opioids to be highly addictive. There was a time when doctors didn't realize just how addictive they were, so a lot of overprescribing took place. People were given too many painkillers or told to take them for too long. This led to serious addictions that people just couldn't break on their own.
This has become such an issue because a lot of the criminal offenses stemming from opioid use are not things that people would have done on their own. Someone who is caught with a bag of pills in their car during a traffic stop, if they're addicted to those pills, probably wishes that they hadn't been carrying them in the car. They wish they weren't even using them. But addiction is a powerful medical condition, so they can't just stop.
This side of the picture is sometimes lost in the public narrative. Those who have never dealt with addiction assume that anyone who is illegally using these drugs for recreational purposes has made a choice to do that on purpose. People may not have that much empathy for someone who gets caught breaking the law, saying that it was simple enough for them to not break the law.
But that's just not how addiction works at all. It's not realistic. Someone who is addicted may not want to break the law the entire time that they're doing it, but they don't feel like there's any way they can help themselves because these legal medications have taken control of their life.
What can you do?
If you're facing serious legal ramifications because of the use of opioids or other prescription drugs, it's very important for you to understand all of the legal defense options at your disposal.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=470542022-09-29T14:00:26Z2022-02-04T20:36:40ZPossession with intent doesn't require prohibited drugs
The state can charge you with possession with intent to manufacture or distribute prohibited drugs even if you don't have the banned drugs in your possession. Georgia law has very strict rules regarding certain controlled substances and the compounds used to create them.
Drugs and chemical compounds known to be chemical precursors for dangerous drugs like methamphetamine can lead to not just possession charges but charges of possession with intent to distribute or manufacture the drug. If police find you with multiple boxes of cold medicine or have records that you purchased a large supply from one store or a moderate amount from numerous stores, they could use that as a basis for intent to distribute or manufacture charges.
Possession with intent charges could completely change your life
Pleading guilty to drug charges is usually a big mistake. Georgia has strict rules regarding sentencing for drug offenses, and if you aren't careful, you could find yourself facing jail time and a permanent criminal record. Rather than assuming that everything will come out in court in your favor, you need to plan a robust defense so that your future isn't at risk because of these charges.
Responding appropriately when Georgia charges you with a serious drug crime can help you protect your freedom and your future.]]>On Behalf of J. Pete Theodocion, Attorney at Lawhttps://www.georgia-criminalattorney.com/?p=469982022-09-29T14:00:32Z2021-11-09T20:37:46Z30 years in prison. What are some of the situations that might lead to trafficking charges in Georgia?
When the amount or variety you possess implies it is not for personal use
Possession charges help punish those who possess and use prohibited substances for their own purposes. However, if the police catch someone with a large amount of drugs in their possession or a wide variety of different drugs, then that might lead the state to pursue trafficking charges.
While they have no evidence that the individual sold those drugs, prosecutors or law enforcement may believe that the amount or variety of drugs they found indicates that they are for sale and not for personal use.
When someone transports the drugs, especially across state lines
Trafficking charges can easily affect someone who helps with the transportation or delivery of controlled or prohibited substances. Driving a vehicle loaded with drugs from one city to another or even transporting illegally obtained prescription medication from Florida to Georgia could result in a trafficking charge if the person gets caught.
When police believe someone sells or manufactures the drug
The definition of trafficking in Georgia is broad and includes both manufacturing drugs as well as distributing or selling them to others. If the police find evidence that you have helped manufacture methamphetamine or cultivate marijuana, that could lead to trafficking charges. The same is true if your social media posts or text message history makes it look like you have distributed drugs to some of your social connections.]]>