Wednesday, October 26, 2011

Probation Violations and Detainer Hearings

Probation violations and detainer hearings are terms that are often heard together. This is simply because when terms of probation are violated, then the individual will frequently have a detainer hearing to tend with. Probation violations and detainer hearings can quickly become a serious situation that involves heft fines and even jail time. To list some of the most common technical violations include the following:
  • Fines or court costs not being paid
  • Failure to appear in court
  • The violation of a restraining order
  • Being tardy to a probation meeting
  • Failing a court ordered drug or alcohol test
  • Not attending a scheduled probation meeting
  • Failing to complete court mandated counseling, rehabilitations or classes
  • Various others
Probation violations and detainer hearings that a judge chooses to lodge against an individual that has violated their probation will depend a great deal on the specific circumstances that surround the violation. This will often end in steeper fines and longer time added to a jail sentence.
When a person is facing probation violations and detainer hearings, their best bet is to consult the best criminal lawyer familiar with this specific procedure. They are often able to convince the judge to lift detainers that have been set.

Monday, October 24, 2011

When Police Brutality Happens, Call a Criminal Lawyer

When police brutality becomes an issue at hand, there are several things that will generally take place. Depending on the specific situation that surrounds the accusations that are being made and any charges that may be filed, the police officer in question may be put on paid leave from work until the issue is completely resolved. In situations where police brutality is an accusation, there is generally quite a bit of investigation work that takes place. This is frequently done by members of the Federal Bureau of Investigation. In some cases the investigation that is required also involves the Justice Department’s Civil Rights Division as well.

In the event that an officer of the law is convicted on charges they have received for police brutality, there are a number of different forms of punishment that they may end up facing. Not only is it likely that they will be liable for various fines but depending on the severity of the crime they may also be looking at jail time as well. Another problem they will also face is losing their job.
When a person has been convicted of police brutality, it is a must to consult with criminal lawyer that has a vast knowledge in this area to ensure they obtain the least amount of fines and punishment.

Saturday, October 22, 2011

The Punishment for Juvenile Crime Is Nothing to Laugh At

There is a wide range of different juvenile crimes that can result in all sorts of punishments that are passed down through the family courts of the juvenile justice system. To list just a few of the most common juvenile matters that numerous teenage delinquents are often charged with include the following:
  • Delinquency
  • Vandalism
  • Petit larceny
  • Robbery
  • Burglary
  • Drug offenses
The specific punishment and fine penalties that are handed down through family court systems in regards to juvenile matters depend a great deal on the specific crime that has been committed. A teenager that commits any of these or other crime could face such punishment as community service, time spent at a rehabilitation facility, probation, time spent at a juvenile detention facility or even time spent in jail. When a trial is the chosen direction, a jury is not an option available in family court. This means that the guilt or the innocence of the defendant is a verdict that is determined solely by the judge.
In many situations, relying on the expertise of a skilled juvenile crime attorney is all that is needed to get the charges of juvenile matters completely dropped or at least get felony charges reduced to a misdemeanor.

Thursday, October 20, 2011

What Are White Collar Crimes

White collar crimes can include a wide spectrum of different charges and a list of a few of these charges includes the following:
  • Money laundering
  • Fraud – This includes credit card, bank and social security fraud
  • Forgery
  • Illegal financial or business transactions
  • Identity theft
  • Counterfeiting
  • Insider trading
The punishment that a person may end up facing for white collar crimes such as the ones listed above will often include house arrest, a number of fines, prison time and fulfilling obligations of community confinement.
In many situations when a person has been charged with white collar crimes, their case is often presented to the courts by any one of several different federal agencies. These can include such agencies as the FBI, US Customs, SEC, IRS, EPA and even the Secret Service.
If you happen to be facing any type of white collar crimes, it can be a huge relief to know that there are a large number of white collar criminal defense attorneys that truly do all they can to get charges like this completely resolved. In the event that this is not possible, most experienced attorneys can at least provide a strategy of defense that will result in a lesser form of punishment.

Wednesday, October 19, 2011

Accidental Vehicular Homicide is a Serious Charge

Vehicular homicide is a very serious charge that a person will often receive when the untimely death of another person occurs simply because of the negligence they’ve shown while operating an automobile. An example of this type of crime would be when the accidental death of a person happens as the result of such unlawful acts as another person being under the influence while they are operating a motor vehicle.
The specific penalties that a person might wind up facing for serious charges that involve vehicular homicide is going to depend a great deal on the state the charges have been incurred. In some states and depending on the circumstances that surround the situation, the driver can face a sentencing of as many as 15 years in prison and fines of up to $10,000. There are also some states that look at vehicular homicide as a class A felony that is punishable by as much as $50,000 in fines and up to life in prison.
When a person has been charged with vehicular homicide in teh state of Pennsylvania, hiring the right Philly criminal lawyer is a step in the right direction that can actually result in decreased charges and fine penalties that are not nearly as expensive.

Sunday, October 16, 2011

Are Sex Crimes a Criminal Offense

There is a wide range of different types of criminal activities that are placed in the category of being sex crimes. There are some that are considered to be a misdemeanor crime and others that are considered to be a felony crime. An example of a crime that is considered to be a misdemeanor would be the distribution of material that is obscene. A list of some of the most common felony sex crimes would include rape, the sexual assault of a child, the possession or distribution of child pornography, human trafficking and numerous others.
The degree of severity of the crimes that are committed will play a large role in the type of punishment that a person committing this type of crime will receive. Sex crimes that are considered to be a misdemeanor can result in hefty fines, probation, as much as a year in jail or any combination of these punishments. Felony convictions can result in each of the above penalties and a term of life in prison.

An expert criminal attorney with years of experience in dealing with cases involving sex crimes knows the strategic planning that is required to possibly reduce fines and other punishment their clients face.

Saturday, October 15, 2011

Do People Really Get Pardons

The eligibility people have for pardons can vary a great deal from one state to the next. This is also true for any convictions they have received from any type of military or federal offenses that have been committed. Any type of conviction that is considered to be a state offense is one that can be pardoned by the governor of that specific state. However, any type of conviction that is considered to be a federal offense or a military offense such as a court martial is one that can only be pardoned by the President of the United States. In quite a few states, pardons for a person’s criminal records are not an option that is available at all.
In a number of situations where convicts have acquired serious criminal offenses on their record, the only chance of them being able to move ahead in life and have their rights restored is by obtaining pardons for their actions. This is something that is not always an easy achievement and simply is not possible without the skill of an experienced attorney that specializes in pardons. They can advise clients on the best course of action to take to successfully acquire a pardon.

Friday, October 14, 2011

Online Solicitation - The "Catch a Predator" Offense

While the charges of the online solicitation of a minor may vary somewhat from one state to another, it is regarded as a very serious crime in all states and is punishable by hefty fines and jail time. When a person is charged and convicted of a third-degree online solicitation it is considered as a third-degree felony offense. This type of crime can result in the punishment of as much as $5000 in fines and as long as five full years spent in prison. When a person is charged and convicted of a second-degree online solicitation, it is considered as a second-degree felony offense. This type of crime can result in the punishment of as much as $10,000 in fines and as long as 15 years in the state penitentiary. Penalties like this are the result of each individual online solicitation that a person becomes involved and is convicted of. Another stiff penalty that will also be required of the convicted party is they will have to register as a sex offender as well.

The best step that a person facing online solicitation charges can make is to consult an top criminal lawyer. In some cases they can get penalties reduced to house arrest or even electronic monitoring.

Tuesday, October 11, 2011

Punishment Levels for Manslaughter Charges

Manslaughter charges are those that are given to a person that has been involved in some type of accident that has caused the accidental death of another person, without having any type of malice or intention for causing the loss of life. There are also varying levels of this particular kind of charge, which includes involuntary, voluntary and vehicular manslaughter.

There are also a variety of other factors that are generally taken into account when a person is charged with this crime. An example would be if a person were driving while intoxicated by alcohol or some type of illegal drug substance when the death occurred.

When a person has been convicted of this crime, they can end up facing fines of no less than $500. In many cases, the individual will also face a jail or prison sentence as well. The length of the term a person will have to serve in prison will depend a great deal on the degree of manslaughter that they are charged with, along with other factors that surround the case.

Consulting an experienced criminal defense attorney can in many cases get a person’s manslaughter charges dropped from a felony down to a misdemeanor.

Sunday, October 9, 2011

Internet Sex Crimes Are a Serious Offense

Internet sex crimes are being looked upon as extremely serious offenses and the laws that surround these types of crimes are getting tougher all the time. There is also a very broad spectrum of different criminal acts that fit under the description of Internet sex crimes. A person that is caught trying to arrange a meeting with someone who is not of legal age for sexual reasons can end up facing as much as $5000 in fines and as much as three years in prison.
If a person arranges a specific time and place and then goes to meet a minor for sexual reasons, they will generally face as much as four years in prison and a felony conviction. Internet sex crimes also describe situations where a person contacts a minor that they know for sexual reasons. This is a serious crime that can result in a lengthy stay in jail, which will depend greatly on all of the factors that surround the case.

In cases like this it is imperative to consult an attorney familiar with every aspect of Internet sex crimes. They can help get bail requirements eliminated and in some situations suggest electronic monitoring or house arrest instead of a jail term.

Saturday, October 8, 2011

Facing Internet Fraud Charges?

There are quite a few different criminal activities that are actually included in the crime of Internet fraud. To list just a few of these would include identity theft, credit cards, misrepresentation, investment schemes, auction purchasing, wire fraud, wholesale purchasing and a wide range of others. Any one of these forms of Internet fraud is considered to be a serious felony offense and there are also some very still penalties that are associated with this kind of crime. When a person is charged and convicted with Internet fraud, they can find themselves facing fines that are as high as $250,000. Another punishment that many people who are convicted of this type of charge often face is a sentence of as long as 20 years in prison. Depending on the type of situation it is, a person may also face federal consequences with this crime is committed. While there are specific laws in place for each state in regards to this crime, the prosecution of these charges is usually put in the hands of the federal government.

Because of the seriousness involved in charges like Internet fraud, a person needs to hire a local attorney. For instance, if facing criminal prosecution in Philly, you will want to consult with an experienced Philadelphia criminal defense lawyer. In many situations the legal plan of action they put in place will be the only possibility of obtaining lesser charges.

Thursday, October 6, 2011

Possible Outcomes for Child Pornography Charges

Internet child pornography is a serious problem that seems to continuously grow even larger. There are also some very harsh penalties that a person that is charged and convicted of this type of crime will end up facing. There is a variety of levels of this type of crime that a person can be charged with.
The most serious level of Internet child pornography is the making of pornographic material that involves children and this serious crime also carries some very harsh punishments. Another level of this crime is the distribution of materials that involve child porn. The specific level of punishment a person will receive for charges like Internet child pornography will depend a great deal on the particular crimes that are being committed. A person that has pornographic material in their possession involving children face a jail term of up to almost 5 years. This is not to mention all the fines they face and the requirement of registering on the national registry of sex offenders. The creation and distribution of materials such as this result in penalties that are much steeper.
Even if it is a first offense, a person that has a charge of internet child pornography against them will want to consult an expert criminal attorney with thorough knowledge of charges and convictions like this.

Wednesday, October 5, 2011

Penalties & Internet and Computer Crime

There is a wide range of different criminal activities that fall under the category of being considered as an Internet and computer crime. Threats that are related to hacking, scams involving email addresses, traditional types of criminal threats, cyber stalking, ideology threats, hacking, phishing and identity theft are just a few examples in the Internet and computer crime category. There are also other crimes that target large computer networks such as computer viruses, malware and various others.

When a person commits a type of Internet and computer crime, they risk receiving some very tough penalties that include some very step fines, as well as the possibility of a lengthy amount of time spent in prison. Depending on the circumstances that surround the crime that is committed, a person could be looking at as much as 10 years in prison and fines that are in the amount of up to $250,000.

When a person faces the charges of an Internet and computer crime, an experienced criminal defense attorney is the first person they’ll want to contact. They have the skill to strategically plan a course of action that could lead to a reduction in fines, jail terms and other penalties being faced.

Tuesday, October 4, 2011

Advice if Charged With Gun Possession

Gun possession is a charge that can result in a varying degree of penalties that can range from enormous fines to a stay in prison. If there have been any types of violent crimes committed when a person is charged with the crime of gun possession, then they can automatically expect to have five years added onto the sentence they are punished with. In the event that the crime involves a machine gun or assault weapon, an additional 20 years will automatically be added to the sentence they receive.
The amount of fines or jail time that a person receives for gun possession charges is largely determined by the specific state that they live in. This is simply because they can vary a great deal from one state to the next. They are also independent of federal firearm laws that exist.

In many cases, the charges that a person faces for gun possession can be reduced, simply by consulting a leading Philadelphia criminal attorney with experience in cases like this. The biggest determining factors that can help a criminal defense attorney build a case in the defendant’s favor are the force, fraud and intent that may have been used when the charges occurred.

Monday, October 3, 2011

Fraud & Avoiding the Maximum Sentence

Fraud is a serious charge that results when a person has been suspected of deceiving another person deliberately in order for them to gain money, goods or some type of service. This may not be a crime that involves any form of violence but it is certainly considered to be an extremely serious crime. Some of the areas that tend to be a problem in regards to fraud include securities, insurance, credit cards, banking, healthcare, mortgage, Internet, US mail and phishing.
The penalties of this kind of charge depend a great deal on the amount of the benefit that the individual has received. For example, if a person obtains an amount that is $500 or lower in services, goods or cash, it is considered a class A misdemeanor. However if a person commits fraud that exceeds the amount of $500, it is then considered to be a class C felony offense. The punishment for a crime of this magnitude could result in as many as 5 years in prison, as much as $5,000 in fines or both.
To avoid facing the maximum sentence allowable by law, any person charged with fraud should not waste a minute in consulting professional representation familiar with cases of this nature such as a qualified Philadelphia criminal lawyer.

Saturday, October 1, 2011

Forfeiture & Getting Your Property Back

When a person’s property happens to be connected to a crime that they have committed, the individual faces the strong possibility of the state claiming and taking possession of the property. This type of action is what is commonly referred to as a criminal forfeiture. It is also a penalty that is in addition to any other penalties such as fines, jail time or criminal prosecution that the person may already be facing.
You will find that each state has their own specific set of rules that are in place when it comes to the types of circumstances that actually justify the action of a criminal forfeiture. Another element that can vary greatly from one state to the next is the specific types of property that can be taken as a penalty for criminal forfeiture. In some states the possession of a person’s vehicle can even be taken over when they have received a charge for driving under the influence.

When a person has been given notice that seizure of their property is going to take place, the best chances of possibly having charges like this lowered would be to contact a Philadelphia criminal defense lawyer with experience in criminal forfeiture.

Friday, September 30, 2011

Search and Seizure - What You Need to Know

"Search and seizure" is a term that describes the right for police and other officials to legally search and confiscate a person’s property when it is deemed as evidence to a criminal act the individual is believed to have committed. Although there are other extenuating circumstances, there exist three key situations that make a search and seizure a reasonable act as interpreted by the courts.
  1. If a person gives their consent, it is legal for the officer investigating a crime or situation to search through the person’s property.
  2. When a valid warrant has been issued by the court and describes the specific property to be searched, a search and seizure is legal.
  3. When it is believed that evidence may be destroyed or is in serious danger, police have the right to conduct a search without going through the steps to have a warrant issued.
When a person believes the search and seizure conducted on their property was invalid, it could be beneficial to consult with an experienced Philadelphia criminal lawyer. They can help to file a motion that challenges the legality of the search. In cases where this process is not done legally, it is likely the evidence will not even be introduced in court.

Thursday, September 29, 2011

What are Sentencing Challenges

When a person has been charged with a crime and a conviction is expected, there is a wide variety of sentencing challenges that the person may end up facing which should be handled by an experienced criminal lawyer. For example, there is a minimum and a maximum sentence that is set in the statutes of each state for a large number of crimes that are committed. This means a person must face at least the minimum amount of time set in the statutes when they are convicted of a certain crime. This is perhaps one of the biggest sentencing challenges that many people have to face.
Another of the sentencing challenges that can make it extremely tough on a person that has been charged of a crime is when the prosecutor they are facing is overzealous or excessively aggressive. In situations such as this, the person that is accused of a crime will often wind up facing the maximum sentence that is possible as a punishment.
This is exactly why it is very important to consult with an experienced defense attorney that has a high level of knowledge and skill to strategically plan a legal course of action that prevents any sentencing challenges from stepping on the rights of their clients.

Wednesday, September 28, 2011

What You Need to Know about State Grand Jury Cases

The specific procedures that are commonly used for state grand jury cases are determined by each individual state. There are quite a few states which follow the practices that are commonly used in a federal grand jury. There are, however, other states that have the indictment process as an optional choice. This leaves the prosecutor with the option of filing a complaint to charge the defendant formally with a crime.
There are numerous prosecutors who take advantage of being able to use state grand jury cases to investigate situations where a person has been arrested for a specific crime. They also use these grand juries in situations where a person has not yet been arrested for a crime.

When a person has been arrested for a crime after the indictment of state grand jury cases, the first and best step he or she can possibly opt for is consulting with an expert Philadelphia criminal defense lawyer who specializes in state grand jury cases. Defense attorneys who have years of experience behind them and a thorough knowledge in this particular field can help a great deal in formulating the most beneficial defense for further criminal proceedings that a person may be facing.

Monday, September 26, 2011

Proper Criminal Defense against Federsl Weapons Charges

When a person is being charged with a federal crime that has been committed, along with receiving a weapons charge, chances are that they will end up spending a large amount of time in prison once a conviction has been made. This is true even if the person has registered the weapon as required by law. Because of the severity that the penalties on charges like this carry, it is essential for a person facing these charges to consult with an experienced federal weapons defense attorney. This is especially true of individuals that have been involved in a violent federal offense or drug trafficking, while carrying a weapon. A conviction of serious charges like this could result in as much or more than 15 years in the penitentiary.
There is a wide range of different federal crimes that involve a weapon that a federal weapons defense attorney specializes in. Just a few of these are as follows:
  • When an unauthorized person is trafficking firearms
  • When a convicted felon is in possession of a firearm
  • The interstate transportation of firearms
  • Numerous others
When facing charges like this, an experienced federal weapons defense attorney can devise a strategic plan of action that will provide the best results possible. This is simply not possible without the right federal weapons defense lawyer on your side.

Saturday, September 24, 2011

What to DoIf You Are Facing Federal Tax Charges

Getting into a situation where federal tax charges have to be faced is not a predicament that any person wants to be in. Paying yearly taxes is a responsibility that every working person has to pay attention to in order to avoid such serious situations. This is true whether they own their own business or they are employed by a private company or large corporation. When a person neglects the responsibility of paying the IRS for their yearly taxes, it is a serious crime that can result in harsh federal tax charges. This particular crime is one that is considered to be a felony charge. The people that are charged with and found guilty of federal tax evasion may find themselves ending up being responsible for paying hefty fines of up to $100,000. A person that commits this type of crime is also likely to face as many as five years in prison.
Before federal tax charges are filed against a person, they are given ample time to contact the IRS to make arrangements filing for an extension. However, in many situations this is simply not enough. Seeking professional representation via an experienced criminal lawyer should be the first step a person facing federal tax charges should make. They can help to avoid frozen bank accounts, a tax levy and excessive penalties.

Friday, September 23, 2011

Federal Sentencing & State Sentencing - What's the Difference?

There are several differences between the results obtained in federal sentencing as opposed to those that are generally given during state sentencing after a trial has been held for someone charged with any number of crimes. For instance, the specific punishment that may be handed down from a judge during the process of federal sentencing tends to be much harsher than the penalties that a person may receive from a judge in a state court proceeding. In some situations a person may receive as much as ten or more year’s punishment during federal sentencing for the crimes they have committed. Another person that has been convicted of the very same crime may only receive just a few years of punishment in jail when they are sentenced in a state court. The amounts of penalties in fines that a person may receive are frequently also a lot steeper than those that are given in state courts.
The first thing a person will want to do when they are facing federal sentencing is to hire a criminal lawyer before any formal charges are received. This raises their chances of possibly receiving a sentence that is far lower than what it would be without an experienced professional on their side.

Thursday, September 22, 2011

What are Federal Grand Jury Cases

Federal grand jury cases tend to result in a sentence and fines that are much harsher than those that are generally handed down in state cases. Some of the most common types of federal grand jury cases usually involve the following types of charges:
  • Counterfeiting
  • Organized Crime
  • Kidnapping
  • Bank Robbery
The duties of a grand jury are much different than that of a trial jury. A grand jury of a federal case will only have to make the determination on if the charges of the accused party should be completely dropped or if they should be indicted on the charges of the crime they are said to have committed.

A judge swears in the jury that listens to federal grand jury cases. However, there is not a judge present during the proceedings. After the Attorney General supplies the evidence against the accused, testimony is then given by any witnesses that may exist. After this process is complete, the jury will then make a determination on filing charges by making a careful consideration in weighing evidence brought before them.

The expertise of a professional Philadelphia criminal lawyer can be extremely beneficial during federal grand jury cases. Their expert preparation can actually help tremendously in getting charges dropped, instead of having to face federal court trial proceedings.

Wednesday, September 21, 2011

Making Sense of Federal Criminal Charges

When crimes have been committed across the state line or there are several different states that are involved with a specific crime that has been committed, it is not uncommon for the guilty party to ultimately end up facing federal criminal charges. This completely eliminates any confusion that might arise between states on making the decision of which particular state should handle the prosecution of the crime committed. It also means that the federal court will be handling the trail, which means the prosecution for federal criminal charges is much more involved than in trails that are held by the state.
Each case that involves federal criminal charges is held in accordance with the Federal Rules of Criminal Procedure. What this ultimately means is regardless of what the local, county or state laws may be, federal laws will take precedence over each of these. Federal Sentencing Guidelines are also used when the courts are making the determination of the specific penalties that will be handed down for federal criminal charges.

If facing conviction in the Philadelphia area, it is vital for people with charges of this nature to consult a Philadelphia criminal defense attorney that is thoroughly versed in all forms of federal litigation, including sentencing and prosecution. It could very well mean the difference of a few years behind bars verses the rest of your life.

Tuesday, September 20, 2011

Expungements Can Be Difficult

When it comes to expungements of convictions on a person’s criminal record, it can be a very difficult task and this can be especially true depending on the state you live in. There are some states that only allow charges like retired, dismissed, diversion, pre-trial or post-trial charges to be erased from a criminal record. Regardless of where a person lives, a conviction can be devastating. It is something that can have a negative effect on where a person is allowed to live or work. This is precisely why a person that is in the position of possibly having convictions expunged from their criminal record will want to consult with an experienced criminal attorney that specializes in expungements.
A lot of people are not even aware of the fact that even when they have went to trial and have been completely cleared of the charges that were filed against them, in many cases the charges will remain on their record. It is in situations like this that expungements can be especially beneficial. There are also other situations that expungements are in order and a few of these include the following:
  • When a person’s innocence is proven through new DNA evidence
  • Upon completion of deferred sentences like alcohol treatment, probation or anger management
  • When convictions have been overturned or acquitted

Monday, September 19, 2011

When You Need a Drug Attorney

A drug attorney is the very first person you will want to consult if you have been charged with any type of crime that involves narcotics. This is true of any type of drug charge and includes those that involve the possession, distribution, manufacture, fraud or prescription forgery of narcotic drugs.
In a majority of cases, an experienced drug attorney has the skill and expertise needed to successfully get a client’s narcotics charges reduced to the lowest possible charge. This is a huge benefit to many people because narcotics charges can be and often are rather steep. While some cases that a drug attorney represents a defendant that has narcotics charges held against them will only receive specific terms of probation, several others often receive a lengthy prison term and numerous fines. In some situations they are even able to get charges reduced to where the defendant only has to attend a drug treatment program.

The penalties and punishment you receive for narcotics charges is going to greatly depend on the consequences that surround the charges you have received. Even so, the drug attorney you hire will play the most important role in the punishment you ultimately end up serving.

Sunday, September 18, 2011

DUI Crimes & Punishments - What You Need to Know

Driving under the Influence, which is more commonly known by many people as a DUI, is a charge that is determined by the blood alcohol concentration of BAC. This level can be obtained in a variety of ways that include a urine test, a breath test or with the use of a blood test.
When a person receives a charge of driving under the influence, there are several different punishments that they could possibly end up facing. Below you will find is a list of several punishments that are often given when a person is charged with one or more driving under the influence convictions.
  • Many defendants are often required to attend alcoholic anonymous meetings
  • The defendant may face the requirement of having an interlock device installed on their vehicle
  • The license of many DUI drivers is suspended
  • The defendant’s vehicle may need to be forfeited
  • Jail time or a lengthy prison sentence is a very real possibility
If you are convicted in the Philadelphia area, the skill and expertise of an experienced Philadelphia defense attorney can provide defendants that have received a driving under the influence charge with a legal course of action that could very well result in a reduced penalty.

Saturday, September 17, 2011

Should your Consult a Criminal Attorney for Domestic Violence Charges

There are some states that view the act of domestic violence as a very serious charge. In others, there are not a specific set of laws in place in regards to this type of crime. In these cases, the person that commits this crime is likely to face charges of assault and battery or other charges that may be related to the crime, such as sexual assault.
The specific charges that a person may receive for domestic violence may differ somewhat from one state to another. However, in most all cases a crime like this will entail fines that will have to be paid, a short stay in jail and probation. There are also some cases where the guilty party will end up having to attend a program such as anger management or other type of abuse program. The length of probation in most all states is usually set at one year. A restraining order is often another penalty that is placed against the person that is guilty of domestic violence.
The skill and experience of a professional criminal attorney is often what it takes to get charges of domestic violence either reduced or completely dismissed when clients find themselves facing this type of unfortunate dilemma.

Friday, September 16, 2011

Different Degrees of Burglary & Possible Jail Time

Burglary is a very serious crime that can cause a person to end up spending a minimum of one year in prison to the maximum of a number of years. There are several different factors that will be taken into consideration when the exact amount of jail time is determined for a case such as this. A few of these factors include each of the facts that surround the case and any prior convictions that may be found on the defendant’s criminal record.
There are actually three different types of burglary that a person can be charged with and they include first degree, second degree and third degree. The specific degree that a person is charged is going to play a huge role in the amount of prison time that a person may be looking at.
In a burglary case, each element included in the statute must be proven in order for a District Attorney to obtain a conviction. When a defendant consults with a criminal defense lawyer that has skill and experience, they work to ensure the burden of proof for burglary is placed on the District Attorney. This means that they will have to prove the guilt beyond any reasonable doubt.

Thursday, September 15, 2011

Bail Reductions - An Important Option to Consider

When a person has been charged with a crime, it is a common procedure for the courts to set a specific bail amount on the individual. Once the initial bail amount is set, the individual in question then has the option to consider bail reductions. The amount is to serve as a type of security used in exchange for the individual’s release. It is also considered a pledge that he or she will not miss any court hearings that have been set. A few factors for bail amounts and bail reductions that are set include the financial standing of the person charged, the flight risk associated with his or her case and the specific crime that he or she has been charged with are all taken into consideration when a bail amount is set.

In the event that the amount is considered excessive, individuals have the choice to consult with a criminal defense attorney to determine whether or not bail reductions are an option available to them. This is a privilege that provides numerous people with the ability to enjoy their freedom before the actual trial starts. Once an attorney files for bail reduction, the legal process will begin.

Wednesday, September 7, 2011

Getting Caught Lending Money to a Friend to Cover an Illegal Gambling Debt

You’re not a bad guy. And you are very non-violent. You are against the war. You donate to "Save the whales." You are a daily communicant. And you like to hire independent contractors. You know a guy. He has a reputation for being one of "those guys". And you ask him to go collect a debt. But you specifically instruct him not to threaten any force, or use any force. "That guy" goes to collect the debt. And he doesn’t threaten the deadbeat in any way, either verbally, or threw the use of weird signals. Unfortunately, the deadbeat is wearing a body wire and the meeting is on video. The F.B.I. was watching. You are indicted and charged with extortion. Can you be convicted of extortion? Nobody was even threatened. And you, personally, did not even try to collect the debt.
More specifically, if a disputed debt was arbitrated and negotiated by a known mobster, does that amount to the use of extortionate means within the meaning of Title 18 § 894? You hire a federal lawyer. This is not a strong arm robbery case. You need a Philadelphia criminal defense attorney who researches subtleties in the law, and most importantly, who will read the statute which provides:

Thursday, September 1, 2011

Federal Defense Attorneys in Philadelphia

Individuals charged with Federal Crimes including public corruption, child pornography, illegal computer usage, fraud and weapons charges need to know who they can turn to when battling a complex legal system.
The Law Office of Peter J. Scuderi has consistently employed the #1 Federal Defense Attorneys in the Philadelphia Metropolitan Area. When choosing a Federal Defense Attorney in the City of Philadelphia or the surrounding suburbs, be sure to research a law firm’s history so you know which firm has a long proven record of accomplishing success when defending their clients charged with federal offenses.

Wednesday, August 31, 2011

A Renewed Focus on Drug Cartel Money Laundering

"The authorities uncovered billions of dollars in wire transfers, traveller's cheques and cash shipments through Mexican exchanges into Wachovia accounts. Wachovia was put under immediate investigation for failing to maintain an effective anti-money laundering programme." -

During the financial crisis of 2007 and 2008, many banks were made more vulnerable to money laundering activity. Although Wachovia and other banks were subject to a number of regulations directed at preventing money laundering, such as the Bank Secrecy Act, many of these firms had growing problems that were, at the time, more cause for concern.

When an organization could seriously use an influx of cash to avoid insolvency, hundreds of millions of dollars in questionable deposits can have a tendency to become a whole lot less questionable.

Of course, authorities eventually did launch an investigation that resulted in Wachovia being fined $110 million for allowing the transactions, with an additional $50 million fine levied for not monitoring funds that were used to ship 22 tons of cocaine. Of course, these finds are dwarfed by the hundreds of billions of dollars the bank had transferred without the proper restrictions, between United States and Mexico based accounts.

In much the same way that the recent financial crisis has brought about an increase in public pressure to better-regulate the financial industry, exposes of large-scale laundering activity by drug cartels is sure to bring a renewed focus on ensuring the banking industry is doing more to prevent the system from being used for money laundering.

Peter J. Scuderi is a Philadelphia Money Laundering Lawyer with experience representing clients charged with money laundering. Because of the increased focus on bringing legal action against those suspected of money laundering, many individuals have found themselves as a target of laundering investigations.

Tuesday, August 30, 2011

Philadelphia Federal White Collar Crime Attorney

White collar crimes are defined as crimes that lack any physical violence and mainly revolve around a financial objective.  Because of the nature of these crimes, they have tendency to be more complicated and difficult to work with than many other criminal offenses.

The Philadelphia white collar attorneys at the law offices of Peter J. Scuderi understand that an established and sophisticated level of expertise is required in order for legal council to be successful in the defense of their clients.  Most if not all white collar crimes are federal offenses and therefore require a strong defense team to avoid harsh penalties.

Forfeiture Attorney in Philadelphia

There are many practices within the legal system that can generate confusion or debate among the people involved.  One of the most controversial and confusing practices is forfeiture.  Asset forfeiture is a legal process in which the government can exert the right to seize any property that they feel has been connected or directly involved in criminal activities.

Because the forfeiture procedure is unique compared to other criminal proceedings, many defendants can feel severely disoriented and helpless.  The government often oversteps their bounds and seizes much more property than what can be proved was related to something criminal.  When facing forfeiture, it is imperative that you contact a skilled and knowledgeable Philadelphia forfeiture lawyer from the law offices of Peter J. Scuderi.

Extortion: A Problem Facing Business Owners Worldwide

In The Godfather II, Don Fanucci demands "protection" money from small business owners and shopkeepers in New York City's Little Italy. The shopkeepers comply, fearing repercussions at the hand of Fanucci as a result of not paying the fee, rather than some other danger.

Later in the movie, a young Vito Corleone loses his job when his boss is asked by Fanucci to provide his nephew a job. Unable to afford both Vito and Fanucci's nephew on the payroll, he has to let Vito go.

Although these and other aspects of the Godfather series are fictionalized accounts, this kind of extortion took place frequently during that time, just as it did in the Vito's native Italy. In fact, extortion continues to take place worldwide, every day.

Monday, August 29, 2011

Fraud in the Wake of Hurricane Irene

Whenever there is a large storm that causes widespread property damage, there are always people who then attempt to profit from fraud in the aftermath.

Although insurance fraud is a commonly cited example in these sorts of cases, it is far from the only fraud that takes place.

In the wake of Hurricane Irene, the Virginia Department of Agriculture and Consumer Services has asked that residents report suspected scams via their telephone hotline.

Insurance Fraud is a Serious Charge with Far-Reaching Consequences

Despite the prevalence of insurance fraud convictions in the news, many continue to file false claims, overstate their losses, and utilize various other methods for attempting to defraud insurance companies.

Although lengths of incarceration for insurance fraud convictions are not typically as serious as sentences for violent crimes, being convicted of insurance fraud utterly destroys one's reputation, especially in the business community.

Take for instance the recent convictions of those involved with an insurance fraud scheme in Rhode Island. Because of fraudulent insurance claim, Lori Sergiacomi received a sentence that includes confinement to a halfway house, home confinement, 200 hours of community service, fines, orders to pay financial restitution, and more. Two others were convicted as a part of the scheme

Forfeiture and Seized Assets

One of the more controversial aspects of law is asset forfeiture. When an asset is alleged to have been used in the commission of a crime, or to be proceeds of a crime, the state is allowed to seize it.

This makes sense when you consider the idea of someone indicted for bank robbery mounting a big defense, using the proceeds of that same bank robbery to cover legal fees and other expenses.

Of course, it cannot be conclusively said that the funds are from the bank robbery. After all, the accused bank robber has only been charged; a fair trial must take place and a guilty verdict rendered before they are convicted.

Forfeiture is intended to prevent assets from being used before a verdict is returned. In addition, forfeiture can also work to prevent assets that might be viewed as evidence from being destroyed. As we will see, a variety of things can happen to forfeited property.

Stock Fraud and Its Effects

Of all the various types of fraud, perhaps none causes repercussions as dramatic as stock fraud.
Shares of Sino-Forest, as quoted over-the-counter on the Pink Sheets, closed Friday at $1.38, down 70%, on volume of more than 15 million. The stock closed at $18.64 on June 1, the day before Muddy Waters issued its rating. -
The above quote refers to the effects of a research firm alleging that Toronto-based company had engaged in stock fraud. The CEO had voluntarily resigned, the stock price tumbled, and then trading of the stock was suspended simply because of fraud allegations. Nobody has been convicted of stock fraud and nothing has been proven conclusively, but the effects are obvious as they are significant.

Search and seizure and the Fourth Amendment

The Juneau School District Board of Education has yet to agree on updated policies regarding search and seizure in schools. Because of the pressure involved in coming to an agreement that can both protect students' rights as well as their safety, it makes a lot of sense that the board members are careful in making their decision.
Board member Mark Choate, an attorney, spoke to the constitutionality of the proposed changes, particularly in the general terminology of "reasonable suspicion" versus "probable cause". -
This distinction between what is considered "probable cause" as opposed to "reasonable suspicion" is the crux of just about any argument related to search and seizure. We take the Fourth Amendment very seriously in this country and, as a result, government encroachment on our privacy and personal property is rightly viewed with a careful eye.

Insider Trading Charges

The world of business thrives on information. Comprehensive research and planning is a strong arbiter of success and nowhere is this truer than in investing. The most obvious concern, however, is the issues brought about by unequal access to information that can have a huge impact on financial markets, companies, and economies in general. 
"He wasn't just a financial technician. He had leadership skills, interpersonal skills and the ability to bring in business, which fit the role of a managing partner of a big accounting firm. He also has a great sense of humor," the friend said. "What he admitted to is out of character given everything everyone knows about the guy. He knows the rules." -
The above quote is from a former colleague of H. Clayton Peterson, an accountant from the Denver area who was recently charged with insider trading. Mr. Peterson and many like him are not necessarily mean, scheming, malevolent people. In fact, those who are caught up in insider trading scandals have decades of unblemished careers behind them.

Friday, August 19, 2011

The Constitutionality of DUI Refusal Charges

Americans are endowed with certain natural and unalienable rights that guarantee them due process and protection from unfair treatment, as well as protection from the law. Believing this to be violated, many are now protesting the policy of DUI refusal charges.
To understand why some oppose this type of charge, one must first understand what a DUI refusal charge is. This charge would include:

Tuesday, August 9, 2011

What is the Statute of Limitations?

In the interest of pursuing real, egalitarian justice in the United States, the statute of limitations exists. In order to keep plaintiffs from preying on defendants at their most vulnerable and to keep evidence and other time-sensitive materials from being tampered with or deteriorating, the statute was put into place. For all practical purposes, it acts to allow justice to be served in a timely and swift manner.
The statute of limitations is the period of time in which prosecution for a crime must occur. This is meant to allow for a fair trial in the swiftest manner. For example, if a civil suit occurs, it protects the defendant from being sued when they are more successful or when their reputation would be more damaged. Additionally, it maintains that the evidence cannot have deteriorated and aspects of the case must still be relevant.

Thursday, August 4, 2011

What is a Bench Warrant?

While many people understand what a simple arrest warrant is, fewer are entirely sure of what constitutes a bench warrant. At the lowest level, a bench warrant is simply a mandate to appear before the court. They are complicated, very different from arrest warrants and definitively not something a person would want on their police record.

Unlike arrest warrants, which are issued by the police and approved by the courts, bench warrants are issued by individual judges. The most common reason why a judge would issue a bench warrant would be contempt of court.