Have You Been Charged with Improper Solicitation of Money in Georgia?
Fraud crimes cover a wide area of crimes in Georgia. Many fraud crimes are treated as misdemeanors while others are characterized as felonies. Improper solicitation of money is considered a misdemeanor crime in Georgia. Even though it may seem like a minor offense, it is still in your best interest to hire a criminal attorney in Georgia to help you achieve the best outcome in your case!
O.C.G.A. §16-9-52
A person commits the offense of improper solicitation of money when he solicits payment of money by another by means of a statement or invoice or any writing that could reasonably be interpreted as a statement or invoice for goods not yet ordered or for services not yet performed and not yet ordered, unless there appears on the face of the statement or invoice or writing in 30 point boldface type the following warning:
“This is a solicitation for the order of goods or services and you are under no obligation to make payment unless you accept the offer contained herein.”
The Penalty for Improper Solicitation of Money in Georgia
Violating O.C.G.A. §16-9-52 will be treated as a misdemeanor conviction. In Georgia, misdemeanor convictions come with a penalty of up to a $1,000 fine, up to 12 months in jail, or both.
Even though these consequences seem minor compared to other crimes you still need a Georgia Improper Solicitation Attorney to assist with your case. Many people are wrongfully charged or the prosecution does not have enough evidence for a conviction. That is where our experienced criminal defense lawyers in Georgia come in. We will diligently work to get the penalties reduced in your case or argue for the charge to be dismissed if there is insufficient evidence.
However, in addition to other penalties, any person damaged by the act is entitled to damages in the amount equal to three times the sum solicited.
There are always Georgia Criminal Defenses that apply to your case. Our Improper Solicitation of Money in Georgia Attorneys will thoroughly examine your case to see which arguments will work best for you. Rest assured you will receive the very best representation when you choose Lawson and Berry.
Georgia Defenses to Improper Solicitation of Money
Improper solicitation requires that the accused solicit payment when the services have not yet been ordered without notifying the buyer. If the buyer was aware that the goods had not been ordered, that would negate an essential element of the crime.
Another defense would be the warning was placed on the invoice. Therefore, the buyer had notice that the services had not yet been performed. Evidence of the contract would be required to successfully argue this defense.
There are numerous Georgia Criminal Defenses our lawyers can use to defend your case.
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