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Georgia Computer & Internet Crime Attorneys
What is computer and internet crime? It is exactly what you would think - crimes involving the use of the personal computer and internet in some illegal manner. Two of the most common examples are using the internet to collect child pornography - usually defined as children under the age of 17 or 18; or using internet chat rooms to entice a child into a face to face meeting for the purpose of engaging in sexual activity. Another growing concern is internet stalking, which involves using e-mail and internet chat rooms to harass another person. Other examples of Atlanta Internet fraud and computer crimes include:
A major concern for the criminal defense attorney in these cases is the tendency for a "rush to judgment" on the part of the general public and media. These types of charges are so sensitive by nature that anyone even being investigated for such a crime may very well be branded a societal outcast by their peers, friends, family, and neighbors. The Georgia criminal defense lawyer representing someone accused of these types of charges needs to do everything possible to keep the case out of the public eye and to work with the investigating and prosecuting authorities to keep the media coverage to a minimum and the client's privacy protected.
There can also be, in some cases, First Amendment issues as to whether the images seized are actually "pornographic"or, in the alternative, "artistic" in nature. The pictures may be "close to the line" of what is legal to possess, and, therefore, a jury may have to ultimately determine whether a picture is actually "pornographic" or not. What one juror may consider "art house" photography can be, to another juror, absolute smut. Another issue that may arise in these cases is that of criminal intent. The prosecutor has to prove the person intended to possess the pornography or intended to "entice" the child through a particular chat room or intended to "harass" the person receiving unwanted e-mails. These are subjective conclusions that can only be determined by looking at all of the facts and circumstances of a particular case and are often open to differing opinions. Once again, it may be up to a jury to ultimately make the final determination as to what the accused person's actual intent really was. Attorney Dan Conaway focuses on computer and internet crime in his law practice, and his first goal in all his cases is to keep his clients from being formally charged and arrested if possible. "You want to stop the investigation at the pre-arrest stage whenever possible," says Conaway, "before the embarrassment of the arrest and prosecution becomes public. Then, if the case is dismissed, that is the best possible outcome for the client. At the same time, if the case goes forward, then I am already prepared to defend my client in court, as I am now familiar with the prosecutor's case and have developed my client's defense. Room for negotiating a dismissal also still exists, as the lines of communication with the prosecutor's office have been well established." "If charges are formally brought, then the courtroom is the ultimate place to determine whether the accused is innocent or guilty. One of the my biggest challenges in these types of cases, is to ensure that my client is not lynched in the public eye, before he or she has a chance to defend themselves in a courtroom against the charges, and where they have the constitutional right to be presumed innocent until proven guilty by the prosecutor. In our democratic society it is up to the jury to determine guilt or innocence, and not the hysterical outcry of the general public or the media." Contact Conaway, Strickler, & Margolis, P.C. today for a free consultation with an aggressive Georgia computer crime attorney.  |
For
over a decade the criminal defense attorneys at Conaway, Strickler, & Margolis, P.C.,
P.C. have been aggressively representing clients accused of serious
misdemeanor and felony crimes. If you have been arrested for allegedly
committing an Internet or 
These
cases involve key constitutional issues; especially Fourth Amendment
issues concerning the right for a citizen to be free of unreasonable
searches of their homes and private property. These issues almost
always arise, because the person being investigated normally finds
his home and workplace computers and other personal property seized
by the police or FBI, and then sent to a crime lab to be searched
for illegal content. This usually happens before an arrest
is made, and, thus, the person's home or office is invaded by government
agents before the person is ever accused of a crime, immediately
raising constitutional issues about the legality of the search.
These searches are also done at the person's home or workplace,
and, thus, workplace and neighborhood gossip can spread quickly.
Because of the lurid nature of these types of charges, the person
being investigated can find their personal or professional reputation
immediately stained before they have even been arrested for anything.
Thus, it is critical for the person under investigation to get legal
help as soon as they are served with a subpoena, receive a phone
call from an FBI agent or the local police, or find his/her home
or business being searched by state or federal agents.