Fitzgerald Law

You’re being investigated for a white collar crime: What to know

2026-10-02T20:14:32Z

If authorities are investigating you for a “white collar” crime like embezzlement, securities fraud or money laundering, you may not even be aware of it initially. They may be researching documents and digital data. They may be talking to business associates or others whom they believe know something or are involved. By the time they talk to you, they may already have the evidence they need to charge you with one or more serious crimes. Nonetheless, they may act like they simply want to have a conversation with you. Detectives and agents who investigate these crimes typically wear business attire, which can make them seem less “threatening” than a uniformed officer would be.

Don’t talk to investigators alone

It’s critical to protect your rights and not speak to them without legal representation. You might fear (and they might tell you) this makes you look suspicious or even guilty. However, it’s your right and you should assert it. People often think they’re smarter than those investigating them, but those professionals are trained and experienced in what they do. Even if you’re completely innocent of wrongdoing, it’s all too easy to say something that can appear (or be) incriminating.

Search warrants and your rights

As noted, evidence searches in white collar criminal investigations often begin electronically. However, if and when investigators want to search your home, office or specific items (like a laptop or phone), you have the right to say no if they don’t have a search warrant signed by a judge. If you’re presented with a warrant, you have the right to review it. Start by making sure the name, address and other basic details are accurate. Note what areas can be searched and what can be seized. With some exceptions (like items in “plain sight”), law enforcement can’t search or confiscate property outside of the specified areas. If they do, it can be ruled inadmissible. A white collar criminal conviction can harm your career, reputation and future. If you’re a business owner, it can destroy everything you’ve built. That’s why getting early and experienced legal guidance is crucial if you’re under investigation.

How the third-party doctrine affects cellphone evidence

2026-09-18T22:54:32Z

The police may want to search your cellphone for certain evidence during a criminal investigation. They may suspect you of having broken the law, and they think your phone will provide evidence like location data, text records, call records or evidence about websites you visited or searches that you carried out. As a general rule, you do not have to provide consent to a search of your phone, even if the police ask. In order to compel you to allow the search, they would need to get a search warrant. Otherwise, your phone can simply remain locked, and they cannot force you to open it. However, the third-party doctrine can sometimes change where they can gather the evidence that they need.

Who else had access?

In the process of using your phone, you may have voluntarily shared information with another entity. If so, you have reduced your expectation of privacy, and the police can sometimes get that information from the third party, rather than your phone. For instance, perhaps the police want to see your location data to establish where you were at the time that the crime took place. They do not have a search warrant, and you refuse to unlock your phone. However, you had used Uber on the day in question, so you voluntarily provided your location data to Uber through the app. It may be possible for the police to subpoena Uber and get access to this data. In the same way, they can sometimes get records of direct messages from companies like Facebook, or they may be able to get your search history from your internet service provider. It is important for the police to follow all proper procedures when gathering evidence. If you are facing serious charges, especially if you believe the police may have illegally obtained that evidence, it is important for you to know what criminal defense options you have.

Why can a Georgia felony case take so long?

2026-09-16T06:58:39Z

Months have passed since your arrest and your next court date is still weeks away. The silence can create the impression that nobody is working on your case, though substantial work may be happening behind the scenes. A Georgia felony charge must pass through several procedural stages before a judge can resolve it.

Felony cases move through several court stages

A felony charge does not proceed directly to trial. You typically start with a first appearance, where a magistrate judge reviews probable cause and addresses bond. The case then moves to superior court, which holds exclusive jurisdiction over felony cases. In Macon, that means Bibb County Superior Court, part of the Macon Judicial Circuit that also covers Crawford and Peach counties.

Grand jury proceedings can add another step

Most felony charges also go to a grand jury. Those jurors hear the prosecutor's evidence in private and decide whether to return an indictment, the formal document listing your charges. Grand juries meet on a set schedule, so a case may remain pending until the next session.

Georgia law limits that delay in one situation: when a court denies you bail, the charge generally must reach a grand jury within 90 days of confinement, or you can ask the court to set bail. Death penalty cases are an exception.

Evidence review can take weeks or months

An indictment does not mean the evidence is ready. Prosecutors still have to collect and turn over body camera video, phone data, medical records and witness statements. Physical evidence often goes to the Georgia Bureau of Investigation, where separate lab sections analyze drug chemistry, DNA, toxicology and firearms, each with its own backlog.

Pretrial motions can change the case schedule

After arraignment, your defense can ask the judge to suppress evidence or challenge the indictment's wording. Georgia law generally gives you ten days after arraignment to file pretrial motions, though the court can extend that deadline. These motions often require a hearing, and a judge may take weeks to issue a ruling. One ruling can significantly change what either side will accept in felony defense work.

Plea discussions can continue before trial

Plea negotiations rarely follow a fixed schedule. A prosecutor may reconsider an offer after lab results arrive, a witness changes a story or a judge rules on a motion. You do not have to accept a deal, and rejecting one does not necessarily end negotiations. Discussions can continue until the week of trial.

Court calendars can push hearings further out

Even a case that is otherwise ready must fit the court's calendar. Local judges handle felony trials alongside other criminal and civil cases and schedule trial weeks well in advance. If an earlier case runs longer than expected, your date may move. Witness availability and attorney conflicts can create additional delays.

A longer timeline still requires active preparation

A lengthy timeline does not necessarily mean wasted time. While the state prepares, you can help your defense by staying in touch with your attorney, following bond conditions, avoiding social media and passing along witness names.

If the delay is wearing on you, ask your attorney which stage comes next and what they need from you beforehand. Understanding the schedule can turn an uncertain wait into a process you can prepare for.

When do online stings become entrapment under Georgia law?

2026-08-30T00:25:44Z

These days, many criminal offenses can be committed without someone ever leaving their home. Internet-related crimes can involve everything from theft to extortion to sex offenses. Law enforcement agencies at all levels take online sex-related offenses seriously – especially those that involve child pornography and activity with minors. To catch people who are participating in this illegal online activity, law enforcement agencies often conduct “sting” operations where an agent goes into a chat room, gaming site or social media platform to find those who are seeking or offering something illegal. While trained officers and agents know how to catch people who are already planning to engage in illegal activity, there’s always a chance that an overeager law enforcement professional or someone who is working as a confidential informant for them will step over the line into entrapment.

How is entrapment defined?

Under Georgia law, “Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee…and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.” A person who has been charged with an offense like soliciting a minor, sexual exploitation or furnishing obscene material can potentially use entrapment as a defense if it occurred under the law’s definition. That means if an agent somehow coerced them into doing something they didn’t intend to do (maybe because they wandered into a site they didn’t mean to), they could claim they were entrapped. To determine whether entrapment is an appropriate defense, it’s necessary to look at the entire interaction between the law enforcement officer and the defendant. An experienced criminal defense attorney can determine whether a solid defense can be built on entrapment. Regardless of whether someone believes that they were entrapped or not, being convicted of any online sexually related offense can seriously damage their future. That’s why getting sound legal guidance is the best first step for anyone facing such a charge.

Flock cameras may provide evidence in criminal investigations

2026-08-15T20:51:25Z

There has been a lot of media coverage of the Flock camera system that is being used in Georgia and other parts of the country. While Flock refers to the Atlanta-based Flock Safety company that makes them, they are actually a form of automated license plate readers (ALPRs). They do more than read license plates, however. They capture images of the color, make and model of vehicles that pass by them and put this information in a searchable database that can be used in criminal investigations as well as for other purposes. According to the manufacturer, it does not use facial recognition technology to identify anyone in these vehicles.

Concerns about misuse of the data

There have still been serious concerns about misuse of the data collected by the technology. In addition to law enforcement agencies, government, neighborhood and other private organizations can purchase a system. Multiple law enforcement officers have faced charges for using the collected data for personal purposes. Civil liberties and privacy advocates have raised concerns about the potential uses of this technology, which most people don’t notice because they devices are typically placed above eye level on poles and other structures. In response, the company has announced that it’s putting some auditing controls in place to help protect against such misuse and reducing the data retention timeframe from 30 to just 7 days. However, there can still be exceptions. If you have been charged with a crime, you have the right to know what evidence is being used against you and if that evidence was collected and handled appropriately and in compliance with the law. That includes surveillance photos, videos and other data collected by Flock and other systems. This is just one reason why having experienced legal guidance may prove to be critical when it comes to protecting your rights.

5 acts that are considered as shoplifting in Georgia

2026-08-13T09:40:05Z

Many people think shoplifting only happens when someone walks out of a store without paying. That is a common misconception. In Georgia, state law defines shoplifting much more broadly. Here are five specific acts that can lead to a shoplifting charge and some of them may surprise even regular shoppers.

1. Hiding items inside the store

To start, one of the most well-known forms of shoplifting is concealing merchandise. If you place an item in your bag, pocket or coat while still inside the store, Georgia law may treat that as intent to steal. You do not even have to walk past the registers for this to become a legal issue. Under Georgia state law, the act of concealment alone can establish a legal presumption of intent, which means simply hiding the item is enough to raise suspicion.

2. Altering prices on items

Beyond hiding merchandise, tampering with a price tag or barcode also constitutes shoplifting under Georgia law. If you mark over a price with a pen or switch a discount sticker from one item to another, you can face charges. This applies even if you complete the transaction at the register.

3. Moving items into different containers

In addition to altering tags, transferring merchandise into a different container also qualifies as shoplifting. For example, Georgia law treats placing an expensive item inside a cheaper product's box and paying the lower price as theft. The determining factor is not the action itself but the intent to pay less than the actual retail value.

4. Swapping price tags between items

Along the same lines, swapping tags between items is a separate offense. If you remove a $100 price tag and replace it with a $10 tag from another item, Georgia law treats that as fraudulent conduct and prosecutes it as shoplifting.

5. Paying less than the full retail price

Similarly, any act that causes a retailer to receive less than the full retail price can result in shoplifting charges. This includes using counterfeit coupons, manipulating self-checkout scanners or collaborating with a cashier to avoid full payment, a practice that law enforcement commonly calls "sweethearting."

What happens after a shoplifting charge in Georgia?

Now that you understand these five acts, you can better recognize where the legal line is. A shoplifting charge in Georgia can feel overwhelming, especially if you believe the accusation does not accurately reflect what happened. In situations like these, having someone in your corner who understands Georgia's legal framework can make a real difference. The right guidance can help you sort through the details of your case, weigh your options and move forward with confidence. No matter what the circumstances are, you deserve a fair chance to tell your side of the story.

How might violent crime convictions change a person’s life?

2026-08-13T22:25:18Z

A person who’s arrested on a violent crime charge has a lot to think about. One of the most important is how they will handle their defense strategy because the consequences of a potential conviction can affect every area of their life. While many people will focus on the sentence that a court could impose, there are others that can also change their life in significant ways. Collateral consequences can affect a person’s ability to work, find housing, go to school, handle family responsibilities, and participate in community life. Some of these consequences happen automatically, but others depend on the realities of life post-conviction.

Background check considerations

A violent crime conviction can inspire difficulties with finding a job because so many employers conduct background checks. Certain jobs, such as those involving children, the elderly, or vulnerable individuals may have restrictions regarding people who have violent crime convictions. Health care, security, transportation, education and regulated industries may also have strict restrictions about certain convictions. It can also be challenging to find suitable housing because many landlords have similar restrictions about criminal convictions. Housing that’s available without a background check might be in less desirable areas. Public housing and other government benefits might not be available because of the nature of the conviction at issue.

Other potential effects of a violent crime conviction

A violent crime conviction can also lead to restrictions on firearm possession, jury service or voting rights. Some convictions may also affect child custody, the ability to adopt and other family-related situations. Social opportunities might also change as people learn about the conviction. The effects of a violent crime conviction can last for years, even if a person has already completed their court-imposed sentence. Understanding all the ways a conviction can impact a defendant’s life may help them to determine how they want to shape their defense strategy.

Can a Georgia DUI be reduced to reckless driving?

2026-07-27T17:52:28Z

Yes, you may be able to lower your Driving Under the Influence charge to reckless driving. A reduction like this protects your license, avoids strict mandatory DUI penalties and keeps a DUI conviction off your record. However, prosecutors do not hand out reductions out of kindness.

Key factors that influence a charge reduction

The chance to lower your charge relies heavily on specific details of your case, like how solid the officer's evidence is, your personal driving background and whether any accidents happened. Having an experienced Georgia DUI lawyer in your corner dramatically improves your chances of securing a favorable plea deal.

Strength of evidence

Prosecutors agree to reduce charges when they realize their case has weak spots. A skilled defense attorney reviews every detail of your arrest to find these mistakes. They check if the police officer had a valid legal reason to pull you over in the first place. They examine whether the officer gave field sobriety tests correctly or if improper steps ruined the test results. Your attorney also checks if the breathalyzer or blood testing equipment had regular maintenance and calibration. If officers violated your constitutional rights during the search or failed to read your rights, the court might throw out key evidence. When the evidence falls apart, prosecutors often choose to offer a reckless driving plea rather than lose in court.

Criminal history

Your past driving record plays a huge role in negotiations. If this is your very first arrest and you have a clean driving history, prosecutors view you much more favorably. They are far more willing to offer a second chance to a driver with no prior offenses than to someone with past DUI convictions on their record.

Aggravating circumstances

The specific facts surrounding your arrest directly impact your reduction options. If your stop involved a car crash, property damage, injuries or an extremely high blood alcohol level, prosecutors take a much harsher stance. On the other hand, if you had a lower alcohol level, cooperated with officers, and caused no accidents, negotiating a lower charge becomes much easier.

3 things to know when a loved one gets arrested

2026-07-21T00:10:43Z

Learning that a loved one has been arrested can be a stressful turn of events. You may be shocked or feel like you don’t know what to do. Information may be limited, which can make the situation even more complex than it might otherwise be. It’s important to remember that an arrest doesn’t automatically mean that an individual did what they’re accused of. An arrest simply means that your loved one is going to have to interact with the criminal justice system.

#1: Bail may be set

One of the most immediate concerns of someone who’s arrested is how they’re going to get out of jail while their case is moving through the criminal justice system. A judge may set a bail, which is an assurance that the person will appear in court that’s backed by property, assets, or cash. It’s often possible to use a bail bondsman if paying the full bail isn’t possible. Alternatively, some defendants may be released on their own recognizance.

#2: Release conditions vary

There are often conditions present when a person is released while awaiting the outcome of their criminal case. These often depend on the type of charge. For example, violent crime charges may include a no contact order. Other charges may require the defendant to wear an ankle monitor.

#3: Different paths to resolution are possible

Not all criminal justice cases go to trial. The majority of cases are resolved through a plea deal. Alternative sentencing options or diversion programs are also possible in some cases. The charge, defendant’s criminal history and other factors have a role in what options are possible in a specific case. People who are facing criminal charges should work with a legal professional who can assist them with determining what defense strategy to use. Ideally, this will be done as early in the criminal justice process as possible. If your loved one is still in custody, strongly consider calling for support right now. Given all that is at stake, doing so can potentially be the best decision you ever make.

What if I got blamed for drugs that are not mine?

2026-07-02T13:25:18Z

Finding out that police believe the drugs belonged to you can feel shocking, especially if you never expected to face criminal charges. Maybe you accepted a ride from a friend, shared an apartment with roommates or were simply in the wrong place at the wrong time. When officers find drugs in a space that several people use, it is not always obvious who should be held responsible. Understanding how Georgia handles these situations can help you make sense of what happens next.

Does sharing a space mean everyone is responsible?

Simply being near illegal drugs does not automatically make someone guilty of possessing or distributing them. However, prosecutors may argue that a person had "constructive possession," meaning they knew about the drugs and had the ability to control them even if the drugs were not found in their pocket or personal belongings. When several people have access to the same location, investigators often look beyond where the drugs were discovered. They may examine who had access to the area, whether anyone exercised control over it and whether evidence links a particular person to the drugs. Depending on the circumstances, prosecutors may also allege that someone intended to distribute the drugs rather than possess them for personal use.

What evidence can affect a drug distribution case?

The presence of drugs alone does not always establish an intent to sell. Prosecutors rely on additional evidence to support more serious charges. Depending on the circumstances, they may consider factors such as:

The quantity of drugs involved
Packaging materials, scales or other items associated with distribution
Large amounts of cash or financial records
Text messages, phone records or other communications
Statements made during a police investigation

Understanding how investigators build these cases can help you better evaluate the allegations and the evidence involved.

Protect your rights early

A drug charge does not mean the outcome is already decided. Every case depends on its own set of facts, including how the evidence was collected, whether prosecutors can connect the drugs to a specific person and whether the available evidence supports the charges filed. If you have been accused of possessing drugs that were not yours or are facing allegations of drug distribution in Georgia, seeking legal guidance as early as possible can help you understand your rights, evaluate the evidence and make informed decisions about your next steps.