The recent oil spill has raised huge environmental issues and a lot of speculation about legal consequences from environmentalists and criminal attorneys alike
Monday, May 17, 2010
What Can You Learn from the Gulf Oil Spill?
Thursday, May 13, 2010
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.
Friday, April 9, 2010
5 Best Practices for Hiring a Criminal Lawyer
- 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. - 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. - 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 - 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. - 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.
Tuesday, March 9, 2010
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.
Tuesday, February 16, 2010
Questions About Miranda Rights Answered
- 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.
Tuesday, February 9, 2010
Reduced Criminal Penalties for Corporations on the Way?
Saturday, January 16, 2010
Email, Twitter, Faceboook - Not the Lock and Key of White Collar Crime
Monday, January 4, 2010
Are Criminal Lawyers' Clients Pressured into Pleading Guilty by Plea Bargains?
Monday, November 30, 2009
Inconsistent Penalties and White Collar Crime: What Are Your Rights?
Case 1: Michael Riolo
Michael Rioli, of West Palm Beach Florida, was found to be running a fraud scheme that cheated its investors out of around $15 million, early in 2009. His Florida criminal attorney represented well and advised Mr Riolo to hand in his computers and records as evidence to assist prosecutors, which he did. However, the judge in question handed out a 24.5 years sentence for the $15 million fraud.
Case 2: Michael Regan
Michael Regan ran a hedge fund in Massachusetts, and was also found to be defrauding investors. This time the sum in question was around $9 million, and victims included a widow and several elderly citizens. He also assisted prosecutors by handing in his evidence, and received only a seven year sentence.
Why the difference?
The difference is not due to the quality of their criminal attorney representation, but rather to two separate Supreme Court cases in 2005 and 2007 which mean that judges now have greater freedom to depart from sentencing guidelines. The point of the new laws was to give judges greater potential to ensure justice is served according to the individual merits of the case. Yet criminal attorneys are seeing cases that are superficially very similar receiving radically different sentences.
Statistics
Preliminary statistics indicate that on average, judges are giving longer sentences for white collar crimes, while social crimes are receiving fairly similar sentences across the country.
What can you do?
There is currently an inquiry running as to whether the new guidelines have created inequities and unwarranted disparities in the sentencing system. However, clients do not need to wait for the outcome of the trial - your Florida criminal attorney can explore all legal avenues and let you know whether you have a good case to appeal a sentence.
The Law and You: Child Porn
The facts
The definition of child pornography in the US comes from Title 18, Part 1, Chapter 100, §2256. It designates a 'child' as any person under the age of 18, and for an image or video to be classed as pornography it must contain:
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person
The inclusion of simulated sex makes these laws much broader -- easier to be charged under, but in some cases easier for a criminal attorney to defend. Publishing the appearance of a minor being engaged in sexual misconduct can also be prosecuted under US law -- so, for example, adult websites displaying models (even legal-age ones) in pigtails, surrounded by stuffed animals and with heavy makeup making them look younger could actually be prosecuted under child pornography laws. People viewing this type of images would also be classed as consuming child porn, and may need criminal attorney services.
The First Amendment protects distribution of adult pornographic images, but not those of children.
Laws can be used against children also
In the US in the last 12-24 months, there have been a spate of cases involving teens taking nude self-portraits and distributing to partners or friends. For example, Florida criminal attorneys recently defended a 16-year-old girl and her 17-year-old boyfriend who faced court after a teacher accidentally uncovered nude images of the girl on the boy's phone. The photos were shared with nobody else, yet the teens were charged with producing, directing or promoting child porn -- even more serious than consumption of child porn.
Tuesday, November 10, 2009
Finding the Right Fort Lauderale Criminal Attorney
When playing golf here in Fort Lauderdale with clients or colleagues, whose name is mentioned when talk turns to hiring a criminal attorney? Chances are, the professionals in your foursome haven't yet been faced with that necessity.
If that distant possibility becomes reality, however, you'll need a trustworthy referral, fast. Here's how to quickly judge which Fort Lauderdale criminal lawyer will best represent you.
You may already be putting on the brakes, denying the possibility of future prosecution. With today's complex laws governing medicine, banking and other professions, though, it's possible to find yourself under investigation without deliberately committing a crime.
And so, just as you build your referral network for other services, it's a good idea to have someone qualified in mind to call should you find yourself in need of a criminal lawyer. If you're like most professionals, you may be assuming you can call on those golfing buddies for an acceptable referral.
The first thing to remember is that, unless your colleagues have actually worked with a criminal lawyer, they may be basing their referral on secondhand knowledge. If you've been charged with a crime, you need to know the person representing you has specific experience defending against similar charges.
For example, a Fort Lauderdale criminal attorney who specializes in domestic violence or drug cases may have never defended a client accused of white collar crime. Even more importantly, professionals accused of bank fraud, insider trading or crimes likely to trigger a grand jury investigation require the services of an experienced Federal criminal defense attorney.
Once you've received a referral, research that criminal attorney by asking the following questions:
1. How much experience do they have working with defendants in cases like yours?
2. How successful has that specific history as a Fort Lauderdale criminal lawyer been?
3. What resources do they have available to ensure a strong defense in your case?
4. Into what courts are they admitted to practice (US Supreme Court, Federal Courts, or US Tax Court, for example)?
5. How have they been ranked by their peers? Their Martindale-Hubbell Bar Register ranking is a good measure of their professional standing among other attorneys.
The answers to these questions will enable you to discern whether or not a Fort Lauderdale criminal attorney to whom you've been referred is actually appropriate to defend you. By taking the time to learn more about a potential defense attorney, you can be assured of the proper defense before the need ever occurs.
Saturday, October 31, 2009
Why Your Medical Office Needs a Criminal Attorney for FCA Violations
There's no question that healthcare billing to federal health programs is under intense scrutiny. Fraud within programs such as Medicare and Medicaid was the impetus behind the Federal False Claims Act (FCA), which spells out guidelines and penalties for prosecuting fraudulent healthcare practices. The threat of prosecution under the FCA has sent many a healthcare provider in search of a criminal attorney.
In the past, a billing from your office to Medicare, Medicaid or other federal health program that included errors might have been seen as just that, a billing error. It might have been corrected by the payor bringing the error to your billing department's attention, or within your own internal audit system.
Today, however, erroneously billing a federal health program such as Medicare or Medicaid is taken very seriously, and legal action is often initiated against the medical provider. Whether represented by a criminal lawyer from Toledo or a Miami criminal attorney, those providers need adequate legal representation to avoid serious civil and criminal penalties.
If your medical office isn't up to date on what might be pursued as a fraudulent billing violation under the FCA, it could be headed for serious legal trouble. Here are just a few of the reasons the government might pursue prosecution against your practice:
* Deliberate duplicate billings
* Misrepresenting dates, diagnoses or descriptions of services
* Charging separately for services bundled under reimbursement agreements
* Billing for non-covered services
* Billing for services not rendered
In a busy medical practice, even with the best billing practices in place, health care billing errors can occur. When they occur in billings to federal health programs, however, the consequences can be disproportionately painful.
Fort Lauderdale criminal attorney clients, for example, have reported the devastating impact the threat of legal action of this type had on their medical practices before being represented by a criminal lawyer versed in this type of defense.
As a responsible, ethical medical care provider, you do your part to help keep federal health program abuse and fraud under control. You have strong billing practices in place and your staff is well-trained.
Should errors within federal health program billings, however, result in threatened prosecution under the FCA, your first call should be to acriminal lawyer with strong experience in this type of defense. Securing such adequate representation could make all the difference in your medical office's ongoing viability.
Wednesday, October 21, 2009
In Plain English: Insider Trading
IRS Violations That You Could End up in Criminal Court For