- 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
Philadelphia criminal defense attorney Peter J. Scuderi's criminal law blog.
Wednesday, October 26, 2011
Probation Violations and Detainer Hearings
Monday, October 24, 2011
When Police Brutality Happens, Call a Criminal Lawyer
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
- Delinquency
- Vandalism
- Petit larceny
- Robbery
- Burglary
- Drug offenses
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
- Money laundering
- Fraud – This includes credit card, bank and social security fraud
- Forgery
- Illegal financial or business transactions
- Identity theft
- Counterfeiting
- Insider trading
Wednesday, October 19, 2011
Accidental Vehicular Homicide is a Serious Charge
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
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
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
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
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
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?
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
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
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
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
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
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
- If a person gives their consent, it is legal for the officer investigating a crime or situation to search through the person’s property.
- When a valid warrant has been issued by the court and describes the specific property to be searched, a search and seizure is legal.
- 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.
Thursday, September 29, 2011
What are Sentencing Challenges
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
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
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
Saturday, September 24, 2011
What to DoIf You Are Facing Federal Tax Charges
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?
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
- Counterfeiting
- Organized Crime
- Kidnapping
- Bank Robbery
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
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
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
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
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
Saturday, September 17, 2011
Should your Consult a Criminal Attorney for Domestic Violence Charges
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
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
Wednesday, September 7, 2011
Getting Caught Lending Money to a Friend to Cover an Illegal Gambling 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
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." - http://www.guardian.co.uk/world/2011/apr/03/us-bank-mexico-drug-gangs
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
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
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
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. - http://www.thestreet.com/story/11232685/1/sino-forest-ceo-resigns-shares-suspended.html
Search and seizure and the Fourth Amendment
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". - http://www.chron.com/news/article/Juneau-schools-delay-search-seizure-policy-2133759.php
Insider Trading Charges
"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." - http://www.denverpost.com/business/ci_18778373
Friday, August 19, 2011
The Constitutionality of DUI Refusal Charges
Tuesday, August 9, 2011
What is the Statute of Limitations?
Thursday, August 4, 2011
What is a Bench Warrant?
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.