Alleged Elder Fraudsters Held Without Bond in MS

Two Georgia men who allegedly tried to steal $50,000 from an 80-year-old man are now sitting in a federal prison facility in Mississippi.

The 52-year-old man and 69-year-old man were arrested Sept. 5 by the Lafayette County Sheriff’s Office on state charges. Monday morning, both men had their initial appearances in federal court, charged with conspiracy to commit wire fraud. They were each ordered detained until their preliminary and detention hearings could be held Wednesday.

The alleged victim said he received a call from someone who claimed to work for Amazon. The caller told the man his accounts had been compromised, he must withdraw all but $1,500 of his money from the bank, and then put the money in a cardboard box to keep it safe. When the federal “agent” who was supposed to pick up the money was delayed, the alleged victim showed up at the sheriff’s office the next morning with $50,000 in cash in a cardboard box. Deputy sheriffs were on hand when the defendants attempted to pick up the cash.

They were initially charged with the exploitation of a vulnerable adult, false pretense and conspiracy to commit to false pretense. Because the scam used phones and crossed state lines, federal prosecutors held the men on the wire fraud charges.

Just Pasin’ Through Criminal Cases

Nonresident criminal cases, whether elder fraud or something else, pose several challenges for a Marietta criminal defense lawyer.

Jail release is one example. A nonresident is a flight risk, and that’s one of the primary pretrial release factors. More on that below.

Most of the nonresident criminal cases we handle are college student criminal cases. Emory, Georgia Tech, and Georgia State are the three largest universities in the Atlanta area. Others include Spellman College, Morehouse college, and the list goes on.

These nonresident criminal cases are very frightening, for both students and caregivers. Being in jail is bad enough. Being in jail in an unfamiliar place many miles from home is infinitely worse. Caregivers usually feel helpless in these situations. So, stress levels are through the roof.

Special issues in these cases include jail release and attorney/client confidence issues. Usually, mom or dad pays the bill, and the college student defendant is the client.

Frequently, college students participate in some extracurricular activities that their parents are unaware of. Students often want to keep it that way. Furthermore, since mom/dad pays the bill, mom/dad often wants to sit in on client consultations. The presence of a third party could affect the attorney/client privilege.

These cases usually have unusual collateral consequences as well, such as school disciplinary proceedings. Schools and school organizations, like fraternities and sororities, usually have separate disciplinary proceedings. These cases are difficult to resolve, mostly because the normal constitutional protections don’t apply.

Noncitizen cases are the ultimate nonresident criminal cases. These matters are now a hot-button topic in Georgia. Jose Ybarra’s murder trial is scheduled for November 2024. Ybarra is the undocumented Venezuelan immigrant who allegedly murdered a nursing student earlier in 2024.

Criminal convictions have immediate and long-term consequences for noncitizens. A misdemeanor, like a DUI, could trigger deportation or similar proceedings. A felony, especially a violent felony, almost always triggers such proceedings. Even if a Marietta criminal defense lawyer helps noncitizens dodge the first bullet, a criminal past usually affects later status adjustment applications.

Pretrial Release in Criminal Cases

The direct and collateral consequences of a criminal case begin at the jail release phase. The process of limiting or eliminating these effects also begins at the jail release phase.

Own Recognizance release is the preferred form of pretrial release. It’s usually available if the defendant is a first-time offender charged with a nonviolent misdemeanor. If the defendant promises to appear at trial and abide by some other conditions, the cell doors open. These conditions usually include:

• Remaining in the county,
• Working and/or attending school full time,
• Checking in with a supervision officer, and
• Remaining current on child support and other FSOs (family support obligations).

Defendants who are just passing through probably cannot comply with conditions one and three. They won’t remain in the county and are very unlikely to check in with supervision officers.

So, a Marietta criminal defense lawyer often modifies these conditions, tailoring them to suit the defendant’s needs. Besides, if the defendant moves away and causes trouble by violating numbers two and four, that’s someone else’s problem.

OR unavailability is not the end of the world. Fallback options usually include cash bond and, in many cases, a bail bond.

Usually, a cash bond is around $750 for a misdemeanor and $1,500 for a felony. Cash bonds are like security deposits. Defendants get most of this money back when the case is resolved. Unfortunately, for most people, $1,500 might as well be $15 million.

Two options are available in these cases. One is a bond reduction hearing. A Marietta criminal defense lawyer can ask the judge to reduce bond, based on the defendant’s ability to pay. Other factors, which may not be so defendant friendly, may apply as well.

A bail bond is a more reliable alternative. Most bail bond companies charge about a 10 or 15 percent premium for a bail bond, which is basically an insurance policy. If Adam’s house burns down, a fire insurance company bears the financial risk. If Adam “skips” bail (doesn’t fully comply with all conditions), the bond company bears the financial risk.

Both situations involve some fallout. Adam’s insurance rates increase, even if the fire wasn’t his fault. A judge issues a warrant for Adam’s arrest, even if the violation wasn’t his fault. These special arrest warrants are valid in all states, and they are valid forever. If you have an outstanding warrant from another jurisdiction, a Marietta criminal defense lawyer must take care of it. Eventually, officers will serve that warrant.

Fraud Nuts and Bolts

Many criminal cases also have civil consequences, and fraud is a very good example. In fact, as far as many police officers are concerned, fraud is always a civil matter, except in extreme cases, like in the above story. Therefore, investigators normally don’t vigorously pursue these cases.

In civil court, fraud is usually deceit or negligent misrepresentation. Deceit is an intentional misstatement of a material fact. A Marietta personal injury lawyer must also prove the victim relied on that false statement. Negligent misrepresentation is almost exactly the same, except the actor might believe the false statement was true.

If Paul tells Peter he’s won a prize and he must pay $5,000 to redeem it, Paul is liable for deceit. If Paul tells Peter he’s eligible for a prize, which may technically be true, and Peter must pay $5,000 to participate, Paul is liable for negligent misrepresentation.

Transient criminal cases present special issues. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.