In order to be convicted, the State must prove that the defendant`s use of a communication device falls within the general meaning of facilitating, facilitating or facilitating or less complicating or providing, assisting or enquiring. Russell v. Staat, 243 Ga. App. 378, (2000). In summary, this includes phone calls, SMS, emails, communication via a social media app, or any other form of SMS such as WhatsApp. Talking to the computer also matters. Finally, the law states that it covers “all other means of communication”. This law is comprehensive and that is why it is important to turn to a lawyer who specializes in drug-related crime in Georgia if he is accused of this crime.
A person convicted of using a means of communication in Georgia will be guilty of a crime. The penalty consists of a fine of up to USD 30,000.00 or imprisonment for one to four years, or both. There are several ways to convict a person of using a means of communication to commit a crime. Some situations in which the court ruled that there was sufficient evidence to convict the accused were: In Pennsylvania, the use of a “communication device,” an instrument that transmits sounds, images, or data to commit, provoke, or facilitate drug trafficking, may lead to your arrest. This means that you can be accused of using your mobile or landline phone to communicate by phone, text or email in order to commit a drug-related crime. In order to understand exactly what is prohibited in the case of Georgia, it is important to understand what a “means of communication” is. Under section 16-13-32.3 of the O. CGA, communication devices are defined as all public and private instruments used or useful for the transmission of writings, signs, signals, images or sounds of any kind, including mail, telephone, wire, radio, computer or computer network and any other means of communication. Each time a person uses a means of communication to promote a drug-related crime, they can be charged with a separate offence. Under federal law, you can be charged with a separate offence every time you use a means of communication to promote a drug-related crime. Every call or text message is an additional charge that the prosecutor`s office brings against you. If you are arrested, it is important that you hire a criminal defense attorney who has detailed knowledge of drug laws and how to handle telecommunications evidence.
Georgia devotes enormous resources to the arrest and sentencing of people for drug-related offences. There are many laws on drug offenses, and Georgia imposes some of the harshest penalties in the country. If you have been charged with using a means of communication to commit or facilitate an act that constitutes a crime or other drug-related crime in Georgia, you must immediately call one of our lawyers specializing in drug crimes in Georgia. An indictment is not the same as a conviction, so don`t make the mistake of thinking there are no options for your case. Call now for a free case evaluation. “Means of communication” means a public or private instrument used or useful for the transmission of signs, signals, writings, images, sounds, data or information of any kind transmitted in whole or in part, including, but not limited to, telephone, wireline, radio, photoelectronic, photo-optical or postal systems. Martin`s experienced criminal defense lawyers understand the stress and anxiety associated with arresting for drug-related offenses. Our defence lawyers have been representing individuals charged with drug offences for 15 years, including a charge of criminal use of a communications centre. Your defense attorney will take the time to gain a thorough understanding of your case and guide you through every step of your criminal trial through Pennsylvania`s criminal court system. Our defense attorneys are committed to achieving the best possible outcome for you, including reducing your charges, enrolling them in an alternative sentencing program such as ARD or probation § 17 without trial, or dismissing criminal charges against you. Pennsylvania law criminalizes the use of any means of communication to commit, cause, or facilitate the commission or attempted commission of a crime that constitutes a crime under the Controlled Substances, Drugs, Devices and Cosmetics Act.
These offences include: It is unlawful for a person to knowingly or intentionally use a communication device to commit, do or facilitate one or more acts constituting an offence within the meaning of this Chapter. Each individual use of a communications facility is a separate criminal offence within the meaning of this section of the Code. Penalties for drug offenses in Pennsylvania depend on factors such as the amount and type of drugs involved, whether a firearm is present, previous convictions on your record, and other things.