What Can You Learn from the Gulf Oil Spill?

The recent oil spill has raised huge environmental issues and a lot of speculation about legal consequences from environmentalists and criminal attorneys alike

According to news reports, it is just a matter of time until Federal investigators file criminal charges against one or more of the companies involved in the Gulf of Mexico spill. That means that penalties might very well exceed the current $75 million cap on civil liability. There is no cap on criminal penalties. Thus the consequences for the companies and their officials can be enormous, as criminal lawyers explain.

Criminal Charges Do Not Require Showing Intent

The Miami Herald offered this report:

"There is no question there'll be an enforcement action," said David M. Uhlmann, who headed the Justice Department's environmental crimes section for seven years during the Clinton and Bush administrations. "And, it's very likely that there will be at least some criminal charges brought."

Such a likelihood has broad legal implications for BP and the two other companies involved - not the least of which is the amount of money any responsible party could be required to pay. The White House is asking Congress to lift the current $75 million cap on liability under the Oil Pollution Act of 1990, but there's no cap on criminal penalties. In fact, prosecutors in such cases can seek twice the cost of environmental and economic damages resulting from the spill.

Under the Federal Clean Water and Air Acts and other legislation, even an accidental spill of this size can lead to charges of misdemeanor negligence charges. Legislation protecting migratory birds offers prosecutors very broad discretion, as Florida defense attorneys can tell you.

Where Will the Blame Be Laid?

As the Miami Herald report continued: "If it happens, then you can charge it," said William Carter, a former federal prosecutor of 14 years who headed the environmental crimes section for the Los Angeles U.S. attorney's office. "There's no intent required."

Fingers are being pointed. BP officials have gone on the record stating that the explosion was due to equipment owned by Transocean. The question of Halliburton’s work on cementing the Deepwater Horizon drill hole has also been raised. Halliburton and Transocean officials are not commenting publicly, probably advised to remain silent by their legal counsel.

What Would You Do If It Were YOUR Firm?

What would you do if your firm were to be charged with violating environmental protection laws, be they federal or state? As soon as you suspect your firm may be so charged, you need to consult with a Miami criminal attorney experienced in these cases. Early intervention could possibly result in lesser charges and the strongest defense possible.

The ABCs of Grand Juries

If you are called as a witness before a federal or state grand jury, your heart may skip a beat given what you may have seen on television. What do you need to know first? Here are the basics of the grand jury system from the American Bar Association. If you suspect you may be indicted, you will want to avail yourself of the services of a criminal attorney.

The modern grand jury serves primarily to review evidence presented by a prosecutor and determine if there is probable cause to indict. Thus there is no need for the jury to hear all of the evidence—just enough to determine probable cause. The current system, based on a centuries old protection against royal abuse, certainly has its critics, who complain that it serves as a rubber stamp for prosecutors, while allowing extraordinary, almost unrestricted powers of investigation.

How Long Does a Grand Jury Sit?

A grand jury is required for federal criminal charges, whereas only about half the states use them. In every federal jurisdiction, for most cases, grand juries sit during weekdays for a month. For highly complex cases (e.g., organized crime, drug rings, and political corruption), “long-term” juries are impaneled for as long as three years. Grand jurors are drawn from the same lists as other jury panels, but are not screened for biases.

What Is the Grand Jury’s Role?

While independent in theory, the grand jury hears only cases brought to it by the prosecutor, who selects the witnesses, awards immunity, questions witnesses, and then decides if he or she has enough evidence to seek an indictment. The basic job of the grand jury is simply to judge what the prosecutor has produced. There is not even a requirement that they be read instructions on the law, and so that seldom happens.

Why the Secrecy?

The controversial judicial secrecy during the proceedings was originally to protect the jurors from outside pressure; today it also serves to prevent the escape of those who may be indicted and to encourage people to testify more freely. It also protects the privacy an innocent person who may be investigated. Note that while the jurors are bound to secrecy, witnesses are not.

Who Must Testify?

Anyone can be compelled to testify before a grand jury, without showing probable cause, and usually without the need to show that the person even has relevant information. Unless a witness can claim special privilege, she or he must answer all questions. (“Special privilege” means one does not have to testify against one’s spouse, share privileged information from legal clients, or testify in a self-incriminating manner.) However, lawyers can be compelled to share information that pertains to the client’s ongoing or future crime or fraud. Any witness who refuses to testify may be found in contempt of court and may be subject to incarceration.

While federal witnesses may consult criminal lawyers, they may not have their lawyers present in the grand jury room. They can interrupt their testimony, however, to consult with their lawyer outside the grand jury room. Some states do allow the attorneys to accompany their client—but in some cases are merely allowed to observe without advising.

If you need the counsel of a Miami or Fort Lauderdale criminal attorney, check our prior post about how to select the one that will serve your needs best.

5 Best Practices for Hiring a Criminal Lawyer

There are many, many criminal lawyers in our fair country. There are probably dozens of them within your area, even in quite small country towns. If you are looking for representation in a criminal case, today we look at the tactics you can use to sort through the variety of lawyers that are available to you, and decide which one will be best placed to take your case.

1. Look for professionalism first, friendliness second
   I'm not saying that you need to hire a complete hardcase criminal lawyer who treats you like dirt. However, I am saying that you need to consider your lawyer's professional credentials first, and their personality second. You'll be receiving quite a decent bill at the end of the case … you want to give yourself the best chance of winning, not find a new friend.
2. Interview based on references
   Ask around all of your friends and family members, checking whether any of them have any recommendations for lawyers for your case. A personal recommendation should go a long way. Do remember that the same lawyer who helped your sister fight for custody of her children might not be qualified to handle your criminal case, though.
3. Search on the web
   The internet is an excellent way to get access to a lot of information about a particular lawyer, without spending any money on phone calls. Make a shortlist of attorneys in your area, and start narrowing the choices based on:
   - Their legal areas of specialty
   - The professionalism of their site
   - Their published past results
4. Ask about paralegals and assistants
   Look for an attorney that has a staff of assistants and paralegals - there is a lot of legwork involved in some cases for criminal lawyers, and if you must pay full attorney's rates for every one of those hours the bill will grow like a weed. Look for slightly bigger firms that have assistants to reduce your bill, but maintain quality.
5. Set up a fee schedule
   There are many different ways of paying criminal lawyer fees - make sure that your attorney's usual arrangement suits you.

Florida's Federal Defense Attorney

Are you currently facing charges in your life where you have been arrested or accused of one or more criminal charges ranging from financial issues to personal interest issues? Perhaps you have been called as a witness in a case held before a grand jury? Either legal matter can damage your life and your reputation. Now you have a federal criminal defense attorney who can help you when it comes to defending your social status, assets as well as your professional reputation. Selecting an attorney that has defended the rights of citizens in a variety of cities in Florida and one who has the experience and knowledge you need can be the difference between protecting your freedom as you know it and your lifestyle or risking it all in one case.

Defending Florida citizens in Miami, Fort Lauderdale as well as West Palm Beach for years has given this attorney the knowledge and compassion you and your family or business need during this time. There is no need to settle for less when the best criminal attorney is just a step away. Having the experience in representing entrepreneurs, fellow attorneys, stockbrokers, bank officers, CEOs and other high profile professionals allows him to appreciate the loss or losses you are facing in social status as well as reputation and perhaps financially. You can rest assured that your case will be handled as if the reputation of his law firm were at stake and with the discreetness you deserve.

Being arrested or accused of white collar crimes can tarnish your life and the life of your family and business. There is no need to take chances where your future is at stake. Do not fall victim to an unjust ruling or accusations. Take advantage of the service of a law firm that can assist you in saving your social status, professional status and financial status. You have access to on line information concerning the Florida law firm as well as the ability to speak first hand with your future attorney regarding any questions or concerns you may have in his ability to handle your case prior to obtaining him. Getting to know your attorney and his abilities as a federal criminal defense attorney will give you the comfort you need when working side by side with him in protecting your life and the life of your business and loved ones.

Questions About Miranda Rights Answered

Most of us are familiar with the opening lines of the Miranda Rights statement from watching the cop and criminal lawyer shows on television. "You have the right to remain silent," and so on. However, that is where most people's familiarity with the Miranda rights ends. Today we have criminal lawyers answer six common questions about this well-known statement.

When do the police have to read Miranda Rights?

A person suspected of a crime must be read their Miranda Rights prior to a custodial interrogation -- that is, a questioning session at the police premises. This means that:

• If the police feel they have enough information to make an arrest after a non-custodial questioning session, they can make the arrest without reading Miranda Rights.
• If you are just answering question in your home or on the street, but have been told you are free to leave, police don't need to give the Miranda speech.

Can what I say be used against me in court if police didn’t read me my Miranda rights?

If the statements were made voluntarily, it is usually admissible in court. You don't have to say anything -- but if you do, it is admissible.

Won’t my silence be used against me anyway?

If you have been read your rights, remaining silent cannot be used against you in court. However, if you have not been read your rights and remain tight-lipped from the moment police ask you a question, it can be argued that your silence (prior to being read your rights) indicates that you knew the police were going to arrest you, and implies guilt.

How do I avoid this conundrum?

Try to prompt the police person's reading of your rights, by saying something like "I have heard that I should always talk to an attorney before talking to the police, is that true?" The police should read you your rights at that point, and any silence from then on cannot be used against you in court.

Will I be treated worse by police if they think I am guilty?

No, you should not be. Many people are worried about the police thinking they are guilty - they shouldn’t be. The only people that your appearance of guilt or innocence should natter to are judges and a jury if applicable. Always request a criminal lawyer before answering police questions - getting legal advice should never be seen as a bad idea.

Reduced Criminal Penalties for Corporations on the Way?

Our penalty and sentencing guidelines are constantly under review, as the number of offenders in a particular crime changes, as governmental focus changes, and as the prisons fill, and them empty again. It seems that in the area of white collar crime, criminal attorneys may soon be seeing lighter penalties for corporations -- however, it is unclear what will happen to individuals.

The prompt -- Arthur Anderson

One of the most prominent and high profile cases that seems to have contributed to this shift in sentencing guidelines is the collapse of Arthur Andersen LLP. The company was convicted of destroying evidence in 2002, and subsequently went out of business. However, in terms of the judgement's impact on people, it was mostly innocents who bore the brunt of this verdict. Thousands of jobs were lost when the company went out of business, and this is neither socially or economically desirable.

Enter the Sentencing Commission

The role of the Sentencing Commission is to advise judges on the expected penalties for certain types of crimes, and also to provide minimum and maximum limitations on sentencing. Watching the Sentencing Commission's publications lets criminal lawyers advise their clients on the possible penalties for their crime. A recent 78-page report included a proposal to reduce the liability of a company for its employees engaging in criminal behaviour.

However…

The company must have programs already in place to combat white collar crime, and generally the compliance officer for the programs must have access to the board of directors for a company, or other equivalent body for smaller companies. The company must also be the ones to report the misconduct to the authorities, which would clearly indicate that it has no part in the alleged activities.

Fort Lauderdale criminal attorneys are supporting the proposal -- it certainly seems to work towards a more just penalty system in our country.

Email, Twitter, Faceboook - Not the Lock and Key of White Collar Crime

White collar crime can be a difficult area of defense for general criminal attorneys -- this is one of the reasons that you'll find specialists in the area. Much of the evidence in white collar crime relates to intent or knowledge, which can only be proven with recordings of conversations, letters, and witness accounts of relayed information. Increasingly, electronic methods of recording information are subject to scrutiny in criminal trials; these might include emails, or even ephemeral methods of relaying information such as Twitter and Facebook. However, it seems that prosecutors are not set to have the success that they expected by seizing email records; a recent case explains the precedent win for criminal attorneys.

The Bear Sterns Verdict and Impact

Two hedge fund managers at Bear Sterns were recently found not guilty on all of their fraud charges. The prosecution case was that they had lied to investors, informing them that the prospects seemed optimistic in order to prevent them from pulling out their funding, when in reality they were close to spent.

Obviously, some key aspects of the case to be argued over by criminal attorneys would include whether the defendants were in fact optimistic about the fund's future or not; and whether their comments to investors were an accurate representation of their feelings. Without the widespread ability to record a person's thoughts at every second of the day, prosecutors are turning to expressions of thought in forms like email to help prove their case.

Is Email the Lock and Key of White Collar Crime?

This is where a jury of a person's peers plays such a key role in determining the apportionment of justice. Some of the defendant's emails may have indicated some level of doubt about the viability of the hedge fund. However, the jurors understood that not every email represents the entire truth, nor does it necessarily equate to a balanced and measured view of reality or a cross-section of the defendant's brain at any particular time.

Expert white collar criminal attorneys will be paying a lot of attention to this case, and using the finding for their own defendants in the future.