Federal Wire Fraud Crimes

Image : http://www.flickr.com

The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.

The statute, 18 U.S.C. § 1343 provides, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are frequently used together in federal indictments. Elements of federal fraud and mail fraud crimes are identical. To convict, prosecution will have to show that the act was made in "furtherance" of or be ''closely related to'' the scheme to defraud. There is one substantial difference, however. To violate the statute, any mailing is sufficient, even within the same state. On the other hand, to violate the wire statute, the wire transmission needs to be between several states or countries.

To obtain conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire communications in furtherance of the scheme, and (3) that the scheme was intended to deprive a victim of money or property."

The interpretation of the fraud statute is pretty liberal. The plan to defraud doesn't have to be specifically planned to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two debt collectors misrepresented themselves to the telephone company and post office in order to obtain confidential information regarding subscribers in violation of privacy laws. Both were convicted of wire fraud. In another case, a defendant opened a fake modeling" agency in order to meet and seduce young women, which landed him a wire fraud conviction. Also, the plan doesn't have to be successful to be in violate the fraud statute. Also, it doesn't matter if the defendant did not know that the victim on the other end of the telephone call was in another state.

"Wire communications" for the purposes of the fraud statute, may include computers, radio, television, telephone, telegraph and any other wire communication. In one case the issue was whether telephone calls transmitted by microwave signals are included in the statute. The defense believed that because the defendant's phone call was transmitted by microwave, it was not covered by the fraud statute. The court ruled otherwise.

In short, modern technological advances that may make it easier to perpetrate criminal fraud at the same time make it easier to prosecute them.

Tags : Digital Frame sell annuity payments

Federal Drug Classifications

Image : http://www.flickr.com

The Federal government has made up a classification for different drugs, and although the laws vary in different states, the federal law almost always comes first. Most drug offenses happen with Schedule I and Schedule II drugs. The Controlled Substances Act regulates the making, selling, and use of all drugs in the US. The Federal Drug Administration as well as various other departments help to classify all drugs into categories based on how they are used and how they work.

Schedule I Drugs- These drugs have a high abuse tendency and have no accepted medical use of any kind. This category includes drugs like Marijuana, Heroin, Ecstasy, LSD, and GHB. Recent protesters have been trying to make marijuana a legal drug because of its "medical benefits". Pharmacies do not sell Schedule I drugs and are also not available with a prescription by a physician.

Schedule II Drugs- Like the first category this schedule also has a high abuse tendency. Schedule II Drugs have some accepted medical use, but can cause addiction with persistent use. This category includes drugs like Cocaine, Opium, Morphine, Fentanyl, Amphetamines, and Methamphetamines. Schedule II drugs are only available with a prescription by a physician, but not all pharmacies will fill the prescriptions. These drugs require strict record and special storage measures.

Schedule III- This category of drugs have a low abuse tendency and have an accepted medical use. This category includes drugs like Anabolic steroids, Codeine, Ketamine, and Hydrocodone with Aspirin. These drugs are available with a prescription, but not all pharmacies will carry them.

Schedule IV- This category of drugs have a very low abuse tendency and have a low chance of addiction. This category contains drugs like Valium, Xanax, Rohpnol (more often known as the "date rape" drug). Like the others, this drug is available with a prescription only and is not always available at pharmacies.

Schedule V- This category has the lowest abuse tendency of all of the schedules as well as the lowest addiction rate. Schedule V drugs are like cough suppressants with Codeine. These drugs are usually regulated by stores and don't require a prescription of any kind.

These categories are usually just bases for any judge to look at when thinking of the offense. Almost none of the drug offenses that occur will involve the lower three schedules at all.

For more information or help with your drug case, visit the website of Dentin Criminal Lawyers Alexander and Associates at www.criminallawyerdenton.com .

Tags : game Wells auto insurance Mesothelioma attorneys data recovery seattle

Federal Criminal Records

Image : http://www.flickr.com

There are criminal records available at the federal level that are not available at county and state levels. These records include crimes relating to drugs, immigration, fraud, and weapons charges. We can access these records within 24 hours. The federal court system is an entirely separate court system from the state court system, but there is a great deal of overlapping between these two court systems.

In the USA, there is a good source of all these federal criminal compiled records at the national level called the NCIC (National Crime Information Center) whose reports are prepared by the FBI or legitimate law enforcement officials. The NCIC is the computerized index of criminal justice information that is available to all criminal justice agencies. The purpose of the NCIC system is to provide a computerized database for ready access by criminal justice agencies for making an inquiry about an individual and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. The NCIC is operational 24 hours a day and 365 days a year. The data contained in NCIC system is provided by all the federal, state, local, and foreign criminal justice agencies and other authorized courts. The public records provider has no accessibility of the records provided by NCIC.

Usually, private citizens and firms may not have any access to federal criminal records. Most US District Courts provide access to criminal records via online federal court docket system, but the information included is limited. The online docket system does not contain identification information of defendants. Therefore additional online search is needed for having the full spectrum of the record.

Before appointing new employees, every firm conducts a criminal check about them either through online or offline sources. Most companies are concerned about the records maintained by state level courts. However depending upon the position involved, employers may also want to have a federal criminal check on the potential candidates. For this purpose firms will mostly depend on the Internet for a comprehensive criminal check.

Tags : Digital Frame Cheap life assurance Endowment Selling Purchasing structured settlement

Federal Criminal Records

Image : http://www.flickr.com

There are criminal records available at the federal level that are not available at county and state levels. These records include crimes relating to drugs, immigration, fraud, and weapons charges. We can access these records within 24 hours. The federal court system is an entirely separate court system from the state court system, but there is a great deal of overlapping between these two court systems.

In the USA, there is a good source of all these federal criminal compiled records at the national level called the NCIC (National Crime Information Center) whose reports are prepared by the FBI or legitimate law enforcement officials. The NCIC is the computerized index of criminal justice information that is available to all criminal justice agencies. The purpose of the NCIC system is to provide a computerized database for ready access by criminal justice agencies for making an inquiry about an individual and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. The NCIC is operational 24 hours a day and 365 days a year. The data contained in NCIC system is provided by all the federal, state, local, and foreign criminal justice agencies and other authorized courts. The public records provider has no accessibility of the records provided by NCIC.

Usually, private citizens and firms may not have any access to federal criminal records. Most US District Courts provide access to criminal records via online federal court docket system, but the information included is limited. The online docket system does not contain identification information of defendants. Therefore additional online search is needed for having the full spectrum of the record.

Before appointing new employees, every firm conducts a criminal check about them either through online or offline sources. Most companies are concerned about the records maintained by state level courts. However depending upon the position involved, employers may also want to have a federal criminal check on the potential candidates. For this purpose firms will mostly depend on the Internet for a comprehensive criminal check.

Tags : game Blog Digital Frame san diego criminal attorney newyork mortgages

Child Support Enforcement and Federal Criminal Law

Image : http://www.flickr.com

Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.

Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.

Tags : game Blog Student Loan Purchase Structured Settlements

Orange County Defense Attorney Firm

Image : http://www.flickr.com

Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

Thanks To : Student Loan TH55 Auto insurance southern

Federal Mail Fraud Charges

Image : http://www.flickr.com

This article provides very general cursory information of Federal Mail Fraud Statute, one of the most widely used in white collar criminal prosecutions. I've put it in an easy to read Q&A format. Federal criminal charges are an extremely serious matter for which qualified legal help must be sought immediately.

Question. What is federal mail fraud statutes?
Answer. Mail and Fraud charges are the most commonly tools federal prosecutors use in federal criminal white collar cases. The mail fraud statute involves (1) a ''scheme to defraud,'' and (2) a use of the mails ''for the purpose of executing'' the scheme.

The current statute, 18 U.S.C. § 1341 (2004) provides as follows: ''Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both.''

Question: What is "'Use'' of the Mails?
Answer: Each use of the federal mails constitutes a separate offense and each mailing is a separate count in the indictment."Mail'' includes Federal Express and other commercial carriers. While each mailing constitutes a separate offense, the government is permitted to base a single count on any number of mailings. To be in violation of this statutes, it is enough to mail anything or ''knowingly cause'' anything to be mailed. There is a five-year statute of limitation, so if the mailing occurred more than five years earlier, no violation of the mail fraud statute may be charged even if the scheme continued to within the limitations period.

Question: What is "'In Furtherance of'' the Scheme?
Answer: Just because the defendant "used the mails" during a scheme to defraud is not enough to convict him of mail fraud. The mailing must be ''for the purpose of executing'' or ''in furtherance of '' the scheme to defraud. There must be logical connection between the scheme and the specific mailing. In other words, mailing should be part of the plot.

Question: What is Scheme to Defraud
Answer: To prove a violation of Section 1341, the government must prove that the defendant had the specific intent to defraud, not just to have participated in an scheme. The government must show the defendant's willful participation in a scheme with knowledge of the fraudulent nature and with the intent that the illicit objectives be achieved. The government will try to prove that the defendant was a knowing participant in the scheme to defraud. In some cases, it is not difficult to prove intent to defraud, especially where the defendant devised the scheme. In other cases the intent is less evident but the government still must prove that the defendant participated in the scheme with knowledge of the fraud.

Question: Should the Scheme to Defraud be Successful?
Answer: No. All the government needs to show is that defendant engaged in fraudulent activity intended to accomplish a deprivation of money or property, and used the mails in furtherance of the scheme. For example, In US v. Helmsley, the defendant was convicted of tax fraud and mail fraud based on the submission of false and fraudulent tax returns. The defendant argued that convictions could not stand because the government could not show that any taxes were actually due to the state. The Second Circuit court in New York held that ''the absence of proof of taxes due to New York state is immaterial because success of a scheme to defraud is not required.''

Question: May I use "Good Faith" Defense
Answer: Yes, if you can proving that the representations, although actually false, were made without an intent to defraud. It is more than an honest belief. Good faith is a complete defense while an honest belief is not by itself a defense but only one factor in the determination of good faith.

Visit : Digital Frame game Delaware auto insurance maine white water rafting

Federal Prison Consultant Explains Why Prison Population Increases While Crime Rates Drop

Image : http://www.flickr.com

Two primary reasons are behind this phenomenon. Both reasons suggest that this phenomenon arises out of legislation from 20 years ago that created the Federal Sentencing Guidelines and abolished parole.

First, prison sentences are longer so inmates are spending more time in federal prison. For the past 20 years, anyone convicted of a federal crime was sentenced pursuant to the Federal Sentencing Guidelines. These were not guidelines in the traditional sense. The Guidelines required federal judges to sentence defendants to terms within limited prescribed ranges. The length of sentences was determined by factors such as the amount of money and number of victims involved in the crime. For purposes of determining the length of a sentence, the perspective shifted away from the offender and onto the victims.

Consistent with the shift away from rehabilitation and toward retribution, Congress repealed parole at the same time it enacted the Federal Sentencing Guidelines. For the past 20 years, federal inmates have been sentenced to substantial terms without the possibility of parole.

The second element behind this phenomenon is the efficiency of federal prosecutions. Faced with the threat of a draconian sentence length, a higher percentage of defendants plead guilty to crimes rather than face the risk of trial. Since the late 1980's, over 80% of people charged with a federal crime spent time in prison. During this time period, several campaigns were waged against specific categories of offenses. For example, we are still fighting the war on drugs and rounding up illegal aliens. The past 20 years has also seen the criminalization of previously non-criminal conduct and a broad expansion of the notion of a conspiracy.

Thus, although there may be a marginal drop in the rate of violent crime, we are imprisoning more non-violent offenders for longer terms without the possibility of parole.

Recent Supreme Court decisions gave some hope that this cycle would be broken. These decisions permitted judges to have more discretion when issuing sentences. Judges must still consider the Federal Sentencing Guidelines. They are now permitted some latitude and are not required to blindly follow the former restricted parameters. Statistics reveal, however, that judges are not varying in any significant way from the Guideline sentencing ranges.

Related : Ferret Hipmore Insurance, Auto Insurance Online homeowners insurance quotes Audio conference calling white water rafting maine

Gwinnett County Criminal Defense Case - What to Do When You're Involved

Image : http://www.flickr.com

Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.

Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

Friends Link : Insurance Critical illness cover

The Many Benefits Of Being A Lawyer

Image : http://www.flickr.com

People of a certain generation tended to view the profession of law with a certain degree of awe and respect. Take the example of my father who was an avid fan of Perry Mason; he was fascinated by the idea that his daughter could one day become a lawyer one and unmask the criminals in the court of law. What is it about being a lawyer that attracts the best and the brightest talent?

The Legal Profession Pushes You To Your Full Potential

A common misperception towards lawyers in general, not just in the USA but also all over the world, is that younger lawyers are usually not to be trusted with complicated cases. We often tend to gravitate towards older lawyers because we see them as more experienced. People will typically start trusting a young lawyer as he starts earning some credibility from winning some cases. Thus a newbie in the legal profession may proceed a bit slow in the beginning of his career, but after a few success and wins, his career starts gathering momentum

Great Earning Potential

As a beginner in the world of law, you may need to work as an apprentice in a law firm for a few years, or you can also run your own private practice. Whatever may be the case, the remuneration you earn at this stage is not much.

But do not get discouraged; to emerge as a successful lawyer you need time to grasp the law and get to know the inner workings of the law to help you solve the most complicated of cases. Once you have gained more experience and earned a solid reputation for winning cases, you can charge a much higher fee. Working as a corporate lawyer also earns a decent salary starting out at approximately $125000 a year.

Earn Prestige As A Lawyer

You can enter into the government service as a lawyer in three levels: local, state and federal. Among these three, the federal lawyers naturally earn more money and prestige.

Contribute To Society By Bringing Criminals To Justice

As long as society exists, there are bound to be crimes and criminals. The good thing about practicing as a lawyer is that you will never be out of work. Your law degree will always help you find work, or you could always be your own boss. It is also a profession that allows you to enrich your professional as well as personal experiences. Above all, as a lawyer, you have the capability to contribute a great deal to society, and perform great social service by bringing offenders to justice and helping the innocent find justice.

Thanks To : game Blog Student Loan Mesothelioma Lawyers San Diego

Child Support Enforcement and Federal Criminal Law

Image : http://www.flickr.com

Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.

Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.

Thanks To : Digital Frame game Insurance, Auto Insurance Compare auto insurance rate san diego criminal attorney Purchaser settlement structured

Federal Drug Classifications

Image : http://www.flickr.com

The Federal government has made up a classification for different drugs, and although the laws vary in different states, the federal law almost always comes first. Most drug offenses happen with Schedule I and Schedule II drugs. The Controlled Substances Act regulates the making, selling, and use of all drugs in the US. The Federal Drug Administration as well as various other departments help to classify all drugs into categories based on how they are used and how they work.

Schedule I Drugs- These drugs have a high abuse tendency and have no accepted medical use of any kind. This category includes drugs like Marijuana, Heroin, Ecstasy, LSD, and GHB. Recent protesters have been trying to make marijuana a legal drug because of its "medical benefits". Pharmacies do not sell Schedule I drugs and are also not available with a prescription by a physician.

Schedule II Drugs- Like the first category this schedule also has a high abuse tendency. Schedule II Drugs have some accepted medical use, but can cause addiction with persistent use. This category includes drugs like Cocaine, Opium, Morphine, Fentanyl, Amphetamines, and Methamphetamines. Schedule II drugs are only available with a prescription by a physician, but not all pharmacies will fill the prescriptions. These drugs require strict record and special storage measures.

Schedule III- This category of drugs have a low abuse tendency and have an accepted medical use. This category includes drugs like Anabolic steroids, Codeine, Ketamine, and Hydrocodone with Aspirin. These drugs are available with a prescription, but not all pharmacies will carry them.

Schedule IV- This category of drugs have a very low abuse tendency and have a low chance of addiction. This category contains drugs like Valium, Xanax, Rohpnol (more often known as the "date rape" drug). Like the others, this drug is available with a prescription only and is not always available at pharmacies.

Schedule V- This category has the lowest abuse tendency of all of the schedules as well as the lowest addiction rate. Schedule V drugs are like cough suppressants with Codeine. These drugs are usually regulated by stores and don't require a prescription of any kind.

These categories are usually just bases for any judge to look at when thinking of the offense. Almost none of the drug offenses that occur will involve the lower three schedules at all.

For more information or help with your drug case, visit the website of Dentin Criminal Lawyers Alexander and Associates at www.criminallawyerdenton.com .

My Links : Digital Frame Student Loan Oh auto insurance Buy life insurance

Federal Wire Fraud Crimes

Image : http://www.flickr.com

The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.

The statute, 18 U.S.C. § 1343 provides, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are frequently used together in federal indictments. Elements of federal fraud and mail fraud crimes are identical. To convict, prosecution will have to show that the act was made in "furtherance" of or be ''closely related to'' the scheme to defraud. There is one substantial difference, however. To violate the statute, any mailing is sufficient, even within the same state. On the other hand, to violate the wire statute, the wire transmission needs to be between several states or countries.

To obtain conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire communications in furtherance of the scheme, and (3) that the scheme was intended to deprive a victim of money or property."

The interpretation of the fraud statute is pretty liberal. The plan to defraud doesn't have to be specifically planned to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two debt collectors misrepresented themselves to the telephone company and post office in order to obtain confidential information regarding subscribers in violation of privacy laws. Both were convicted of wire fraud. In another case, a defendant opened a fake modeling" agency in order to meet and seduce young women, which landed him a wire fraud conviction. Also, the plan doesn't have to be successful to be in violate the fraud statute. Also, it doesn't matter if the defendant did not know that the victim on the other end of the telephone call was in another state.

"Wire communications" for the purposes of the fraud statute, may include computers, radio, television, telephone, telegraph and any other wire communication. In one case the issue was whether telephone calls transmitted by microwave signals are included in the statute. The defense believed that because the defendant's phone call was transmitted by microwave, it was not covered by the fraud statute. The court ruled otherwise.

In short, modern technological advances that may make it easier to perpetrate criminal fraud at the same time make it easier to prosecute them.

Tags : Student Loan Digital Frame Ferret Mesothelioma Lawyers San Diego Secured Loan Calculator

Gwinnett County Criminal Defense Case - What to Do When You're Involved

Image : http://www.flickr.com

Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.

Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

Thanks To : game Ferret Free online auto insurance remortgage lenders

Federal Wire Fraud Crimes

Image : http://www.flickr.com

The Federal Wire Fraud Statute is one of the most used tools in federal prosecutions of white collar and business crimes. Together with the Mail Fraud Statute, it is the work horse of federal prosecutors in white collar criminal cases.

The statute, 18 U.S.C. § 1343 provides, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.''

The wire fraud statute is very similar to the mail fraud statute. Both are frequently used together in federal indictments. Elements of federal fraud and mail fraud crimes are identical. To convict, prosecution will have to show that the act was made in "furtherance" of or be ''closely related to'' the scheme to defraud. There is one substantial difference, however. To violate the statute, any mailing is sufficient, even within the same state. On the other hand, to violate the wire statute, the wire transmission needs to be between several states or countries.

To obtain conviction, the government must prove (1) the existence of a scheme to defraud, (2) use of wire communications in furtherance of the scheme, and (3) that the scheme was intended to deprive a victim of money or property."

The interpretation of the fraud statute is pretty liberal. The plan to defraud doesn't have to be specifically planned to obtain money or property. In fact, a charge of wire fraud can be found in a variety of circumstances. In one case, two debt collectors misrepresented themselves to the telephone company and post office in order to obtain confidential information regarding subscribers in violation of privacy laws. Both were convicted of wire fraud. In another case, a defendant opened a fake modeling" agency in order to meet and seduce young women, which landed him a wire fraud conviction. Also, the plan doesn't have to be successful to be in violate the fraud statute. Also, it doesn't matter if the defendant did not know that the victim on the other end of the telephone call was in another state.

"Wire communications" for the purposes of the fraud statute, may include computers, radio, television, telephone, telegraph and any other wire communication. In one case the issue was whether telephone calls transmitted by microwave signals are included in the statute. The defense believed that because the defendant's phone call was transmitted by microwave, it was not covered by the fraud statute. The court ruled otherwise.

In short, modern technological advances that may make it easier to perpetrate criminal fraud at the same time make it easier to prosecute them.

Thanks To : Student Loan Inexpensive auto insurance Structured settlement brokers

The Many Benefits Of Being A Lawyer

Image : http://www.flickr.com

People of a certain generation tended to view the profession of law with a certain degree of awe and respect. Take the example of my father who was an avid fan of Perry Mason; he was fascinated by the idea that his daughter could one day become a lawyer one and unmask the criminals in the court of law. What is it about being a lawyer that attracts the best and the brightest talent?

The Legal Profession Pushes You To Your Full Potential

A common misperception towards lawyers in general, not just in the USA but also all over the world, is that younger lawyers are usually not to be trusted with complicated cases. We often tend to gravitate towards older lawyers because we see them as more experienced. People will typically start trusting a young lawyer as he starts earning some credibility from winning some cases. Thus a newbie in the legal profession may proceed a bit slow in the beginning of his career, but after a few success and wins, his career starts gathering momentum

Great Earning Potential

As a beginner in the world of law, you may need to work as an apprentice in a law firm for a few years, or you can also run your own private practice. Whatever may be the case, the remuneration you earn at this stage is not much.

But do not get discouraged; to emerge as a successful lawyer you need time to grasp the law and get to know the inner workings of the law to help you solve the most complicated of cases. Once you have gained more experience and earned a solid reputation for winning cases, you can charge a much higher fee. Working as a corporate lawyer also earns a decent salary starting out at approximately $125000 a year.

Earn Prestige As A Lawyer

You can enter into the government service as a lawyer in three levels: local, state and federal. Among these three, the federal lawyers naturally earn more money and prestige.

Contribute To Society By Bringing Criminals To Justice

As long as society exists, there are bound to be crimes and criminals. The good thing about practicing as a lawyer is that you will never be out of work. Your law degree will always help you find work, or you could always be your own boss. It is also a profession that allows you to enrich your professional as well as personal experiences. Above all, as a lawyer, you have the capability to contribute a great deal to society, and perform great social service by bringing offenders to justice and helping the innocent find justice.

Related : Blog structured settlement quote Level term life assurance

Federal Mail Fraud Charges

Image : http://www.flickr.com

This article provides very general cursory information of Federal Mail Fraud Statute, one of the most widely used in white collar criminal prosecutions. I've put it in an easy to read Q&A format. Federal criminal charges are an extremely serious matter for which qualified legal help must be sought immediately.

Question. What is federal mail fraud statutes?
Answer. Mail and Fraud charges are the most commonly tools federal prosecutors use in federal criminal white collar cases. The mail fraud statute involves (1) a ''scheme to defraud,'' and (2) a use of the mails ''for the purpose of executing'' the scheme.

The current statute, 18 U.S.C. § 1341 (2004) provides as follows: ''Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both.''

Question: What is "'Use'' of the Mails?
Answer: Each use of the federal mails constitutes a separate offense and each mailing is a separate count in the indictment."Mail'' includes Federal Express and other commercial carriers. While each mailing constitutes a separate offense, the government is permitted to base a single count on any number of mailings. To be in violation of this statutes, it is enough to mail anything or ''knowingly cause'' anything to be mailed. There is a five-year statute of limitation, so if the mailing occurred more than five years earlier, no violation of the mail fraud statute may be charged even if the scheme continued to within the limitations period.

Question: What is "'In Furtherance of'' the Scheme?
Answer: Just because the defendant "used the mails" during a scheme to defraud is not enough to convict him of mail fraud. The mailing must be ''for the purpose of executing'' or ''in furtherance of '' the scheme to defraud. There must be logical connection between the scheme and the specific mailing. In other words, mailing should be part of the plot.

Question: What is Scheme to Defraud
Answer: To prove a violation of Section 1341, the government must prove that the defendant had the specific intent to defraud, not just to have participated in an scheme. The government must show the defendant's willful participation in a scheme with knowledge of the fraudulent nature and with the intent that the illicit objectives be achieved. The government will try to prove that the defendant was a knowing participant in the scheme to defraud. In some cases, it is not difficult to prove intent to defraud, especially where the defendant devised the scheme. In other cases the intent is less evident but the government still must prove that the defendant participated in the scheme with knowledge of the fraud.

Question: Should the Scheme to Defraud be Successful?
Answer: No. All the government needs to show is that defendant engaged in fraudulent activity intended to accomplish a deprivation of money or property, and used the mails in furtherance of the scheme. For example, In US v. Helmsley, the defendant was convicted of tax fraud and mail fraud based on the submission of false and fraudulent tax returns. The defendant argued that convictions could not stand because the government could not show that any taxes were actually due to the state. The Second Circuit court in New York held that ''the absence of proof of taxes due to New York state is immaterial because success of a scheme to defraud is not required.''

Question: May I use "Good Faith" Defense
Answer: Yes, if you can proving that the representations, although actually false, were made without an intent to defraud. It is more than an honest belief. Good faith is a complete defense while an honest belief is not by itself a defense but only one factor in the determination of good faith.

Tags : game Insurance, Auto Insurance Compare auto insurance rate Mesothelioma Lawyers San Diego maine white water rafting

Consumer Fraud Criminal Liability

Image : http://www.flickr.com

With consumer fraud on the rise, federal and local law enforcement agencies crack down increasingly on individuals and groups suspected of this crime. But what is consumer fraud to begin with? Generally, there is no universal definition of consumer fraud, which is usually prosecuted under federal mail or wire fraud statutes. The reason prosecutors love to use these statutes in fraud cases is because both apply to ''scheme to defraud''. Obviously there is an unlimited number of ways to defraud others, which will guarantee that criminal defense lawyers handling fraud and white collar crime cases will never be hungry.

Actually, the law is quite liberal to the requirements of proving a fraudulent scheme. The government doesn't have to show that defendant actually swindled or tricked anyone, only that he devised the plan with the capacity to defraud.

The mail fraud statute is a power tool in the arsenal of federal prosecutors because it makes it a crime to commit fraud by using mails and it's hard to envision any sort of business activity without using mail. So, in an average scenario, if a person is engaged in fraud and uses mail to promote the plan, the activity is controlled by the mail fraud statute, even where the mailing is done within one state. Moreover, you don't even have to physically mail anything so long you cause someone else to use mail to promote your fraudulent scheme. One example: you defraud Mr. X to buy something from you and Mr. X mails you payment.

Another power tool is the wire fraud statute that makes it a crime to wire information in furtherance of the scheme be an interstate or foreign communication. In a similar fashion, you don't have to personally wire anything so long the wire communication is from the victim of the fraud, or even a third party, and it is done in furtherance of the fraudulent scheme. In the past, the wire fraud statute was used against businesses engaged in a ''boiler room'' operation to solicit customers by phone from across the country as well as in cases involving false advertisement on radio and TV.

This said, mailing or interstate or foreign wire communication is not criminal unless it has some nexus to the scheme, and is either ''incident to an essential part of that scheme'' or in some way furthers the scheme.

A good question is when consumer fraud will become of interest to federal prosecutors. In most cases, where schemes involve only a few isolated incidents and losses to the victims are relatively minor, cases will end up state criminal courts. Other cases, where defendants acted on a larger scale against general public of numerous victims and where damages are substantial, will likely be investigated and prosecuted by federal authorities.

Corporations are often targets of consumer fraud investigations. A corporation is not a physical entity and it acts through its officers, employees, and agents and it may be responsible for their criminal acts if such acts are done within the scope of employment and with intent to benefit the corporation or further the corporate business. Does participation by a corporation in a scheme to defraud automatically make its officers criminally liable? No, however, to establish such liability, prosecutors will have to show that corporate officers consciously promoted the scheme.

See Also : Blog auto insurance rate quote

Orange County Defense Attorney Firm

Image : http://www.flickr.com

Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

Tags : Blog Student Loan auto insurance rate quote Auto insurance quotes florida

The Many Benefits Of Being A Lawyer

Image : http://www.flickr.com

People of a certain generation tended to view the profession of law with a certain degree of awe and respect. Take the example of my father who was an avid fan of Perry Mason; he was fascinated by the idea that his daughter could one day become a lawyer one and unmask the criminals in the court of law. What is it about being a lawyer that attracts the best and the brightest talent?

The Legal Profession Pushes You To Your Full Potential

A common misperception towards lawyers in general, not just in the USA but also all over the world, is that younger lawyers are usually not to be trusted with complicated cases. We often tend to gravitate towards older lawyers because we see them as more experienced. People will typically start trusting a young lawyer as he starts earning some credibility from winning some cases. Thus a newbie in the legal profession may proceed a bit slow in the beginning of his career, but after a few success and wins, his career starts gathering momentum

Great Earning Potential

As a beginner in the world of law, you may need to work as an apprentice in a law firm for a few years, or you can also run your own private practice. Whatever may be the case, the remuneration you earn at this stage is not much.

But do not get discouraged; to emerge as a successful lawyer you need time to grasp the law and get to know the inner workings of the law to help you solve the most complicated of cases. Once you have gained more experience and earned a solid reputation for winning cases, you can charge a much higher fee. Working as a corporate lawyer also earns a decent salary starting out at approximately $125000 a year.

Earn Prestige As A Lawyer

You can enter into the government service as a lawyer in three levels: local, state and federal. Among these three, the federal lawyers naturally earn more money and prestige.

Contribute To Society By Bringing Criminals To Justice

As long as society exists, there are bound to be crimes and criminals. The good thing about practicing as a lawyer is that you will never be out of work. Your law degree will always help you find work, or you could always be your own boss. It is also a profession that allows you to enrich your professional as well as personal experiences. Above all, as a lawyer, you have the capability to contribute a great deal to society, and perform great social service by bringing offenders to justice and helping the innocent find justice.

Friends Link : Student Loan Ferret game Low rate remortgage

How to Find an Indiana Criminal Defense Lawyer

Image : http://www.flickr.com

Although no one ever hopes they'll need a criminal defense lawyer, the need arises more often than you might imagine. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or any other city or town - it's important to be able to find a good criminal defense attorney in your time of need. But how do you go about assessing the strengths of an attorney? Here are some tips to help you select a lawyer that meets your needs and circumstances.

Geographic Familiarity

While laws apply to the entire state, each Indiana county has its own approach to criminal justice. As is true for every state, there is some variation in law enforcement from area to area. Judges, prosecuting attorneys, and probation officers have quite a bit of leeway in how misdemeanor and felony cases are handled. It's important, then, to find a criminal defense lawyer or legal team that has experience in the geographic area where the crime was allegedly committed. Local approaches and procedures can affect the outcome of a case, and a lawyer who is familiar with those differences can work them to his client's advantage.

Type of Criminal Charge

Some criminal defense attorneys specialize in one type of criminal charge, such as crimes involving a weapon, or traffic ticket appeals, or sentence modification. The best criminal defense lawyers, however, have a broad range of experience in a variety of charges - everything from traffic ticket appeals to felony DUI to carjacking to homicide. Make sure that you select a lawyer who has a broad range of experience, and who is a seasoned trial attorney. Hopefully, the case will never go to trial, but if it does, you want to ensure that you have the best representation available to you or your loved one.

Fighting on Behalf of the Client

A good criminal defense lawyer takes a number of steps to ensure that his client obtains the most favorable outcome. The first step is to take the time to examine the facts of the case. An experienced attorney can see where the police investigation may have been weak, where the prosecution's evidence is lacking, and whether or not Indiana law has been correctly applied to the case.

The next step is to take proactive steps on the client's behalf. By offering a client's defense in the best possible light, and by acting in a timely manner, a good attorney can often have charges for the most serious crimes dismissed or lowered in severity. In contrast, the clients of lawyers who wait until the last minute are rarely offered the best outcomes.

Cost and Availability

When looking for an Indiana criminal defense attorney, cost may not be the primary consideration, but it does enter the picture. Some of the best lawyers offer free initial consultations for the specific problem you or your loved one are facing.

When making your choice, you have a right to expect that your lawyer will be available to you when you need him. Facing criminal charges can be frightening, depressing, and stressful. Knowing that your lawyer is available in a timely manner to answer your questions and address your concerns is of primary importance.

With the right Indiana criminal defense attorney, your legal troubles will soon be behind you or your loved one, and you can get back to enjoying life.

Thanks To : Digital Frame Student Loan Purchaser settlement structured

Life As a Criminal Defense Lawyer

Image : http://www.flickr.com

Life as a criminal defense lawyer is not easy when your job is basically to help those who are arrested of a crime. While some of the clients you meet are innocent, many of them are guilty and have had previous run-ins with the law.

Since the law dictates that everyone is innocent until proven guilty and you decided to specialize in this field, you have to defend this person by putting up the best defense there is available.

There are various strategies you can use to get your client off. You can plead insanity or claim that someone else did the crime. If your client has something to offer, you can make a deal with the district attorney in exchange for the client being granted immunity.

But before you decide what cards to play, you have to talk to your client. If this person is in jail, you have to go there and ask what happened. You should already discuss whether to enter a guilty or not guilty plea because your client will be arraigned shortly.

When a trial date has been set, you can get a copy of the documents of the case from the district attorney's office because by law, both sides are supposed to view everything from the police reports to the evidence.

You will also get a copy of the people the prosecution will be calling to the witness stand as they too will also be aware of that so there will be no surprises during trial.

When it is your turn to cross examine the witness, you should use whatever is available to cast doubt on their testimony because this is the only way that the jury may be convinced that your client is not capable of doing the crime. Using expert witnesses of your own is also helpful since they can dispute the claims of the other camp.

Before the jury will reach its verdict, you will have one last chance to state your client's innocence when you are given the opportunity for your closing argument. When it is all over, you just have to wait for the decision of the court to take the next course of action.

Your client's not guilty verdict means your job is done and you can move on and work with another client. A guilty verdict means you have to stay on as counsel for this individual and appeal the jury's decision to a higher court so you can perhaps get a reversal.

The best way to win an appeal is to determine if there is something in the trial that shouldn't have happened or was overlooked. These technicalities are better known as constitutional protections. For instance, the client's confession was taken without the presence of a lawyer so whatever they said is inadmissible in court. The same goes if a search was done without a warrant.

There are many examples which you can use. You may even cite a case with similar circumstances because this serves as precedence to the one you are working on.

The life of a criminal defense lawyer is challenging no matter how many times you have been inside the court room. This is because you get to work with different clients each time since someone who was innocent can no longer be charged with the same offense because of the principle of double jeopardy.

Recommend : Insurance, Auto Insurance game Ferret The cheapest car insurance

Gwinnett County Criminal Defense Case - What to Do When You're Involved

Image : http://www.flickr.com

Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.

Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

Friends Link : Student Loan Blog Digital Frame Auto insurance price quote

Five Questions to Ask a Criminal Lawyer Before Hiring

Image : http://www.flickr.com

For most people, choosing the right lawyer (or doctor, or accountant, etc.) is difficult. Our work is highly specialized, so it's hard for regular people to know what questions to ask. Below are five questions you should ask criminal lawyers before hiring them. There are plenty of other questions to ask, but there are good ones.

1. What will you do if the prosecutor refuses to plea bargain and insists on a plea of guilty?

The right answer is that your criminal lawyer will fight the case. In this situation, a defendant has nothing to lose from fighting. The worst that can happen if you fight is that you will be found guilty after a trial - the same result as if you plead guilty. Practically, it's possible that the sentence would be worse in this situation, but in my experience there is either no difference or a better result. Plus, you might actually win. A follow-up question to ask on this is how much it will cost for the fight.

2. How many jury trials have you done?

The answer, hopefully, is at least five. For more serious cases you'd want someone with 10 or more trials. If the answer is zero, then you may not want that lawyer. I've had over 40 jury trials (maybe over 50 - I've lost count). Most of my trials have been in personal injury cases, but I have had a few criminal jury trials. On that thought, a good follow up question here is to ask how many criminal jury trials the attorney has had.

For felonies, you may also want to ask how many felony trials. I'm ambivalent about this one, because I've only had to show up for one felony trial and the prosecutor agreed to dismiss it before we picked a jury. All of my other felony cases have been resolved long before we got to trial, most of them favorably.

Similarly, if it's a federal criminal case, you should ask about federal trials. Around here those are a lot rarer and it's probably hard to find an attorney who has done a lot of them.

3. Who will handle my case?

Most criminal lawyers are solo practitioners or work in small offices, and they handle their own cases. Our office has grown and I have associates who handle substantial work. I generally review their paperwork and do most of the hearings and so far all of the trials. I'm confident that having associates do part of the work is actually better for the client. You get different sets of eyes looking at things and there's more chance of picking up key details.

The thing to worry about is that some lawyers have a "business model" that may not be good for you. It's pretty rare, but some lawyers who advertises heavily end up doing almost no work on your case. They accept cases far from their office and have someone local appear for them. Unlike with an associate, there is little quality control.

For minor cases like traffic tickets, where the lawyer will simply be negotiating a plea deal, this may not matter as much. Easy for me to say since we do that. But I don't feel comfortable having an outside lawyer do substantive in-court work for me on a serious criminal case, even on a DWI (which I think is pretty serious).

4. How many cases like mine have you handled?

In general, you want a lawyer who's seen something similar in the past. If you are facing a DWI, you want a lawyer who's handled a few before. If it's a federal drug case, you want someone with that experience. An attorney with no experience in that area is going to miss some details. I'm a much better DWI lawyer now than I was four years ago. I've seen more, done more, and learned more.

Every once in a while I get a call from someone with a really odd case. If you're in that situation, you're not going to find a lawyer who's had ten of them before. You should be looking for someone with general criminal defense experience and something at least vaguely related.

For traffic cases, this can matter a great deal. Our firm represents many out-of-state drivers, and the deals we try to get for them are sometimes different than what we do for NY drivers. We have direct access to not only the NY DMV database, but also the NJ MVC because we get so many New Jersey clients. Make sure the attorney understands your circumstances and knows how to deal with your particular situation.

5. Do I have to come to Court?

Our clients rarely come to Court with us. Most of our appearances are routine and nothing of significance happens at them. It is a waste of time for our clients to come, and it can be quite stressful for them. By saving them the trip and stress, we are providing a real benefit.

Even for most hearings and even some trials, we do not bring our clients. They are certainly welcome to come, and in some cases their participation is important, but we usually don't need them. Pre-trial hearings are mainly about what the police have to say. Clients rarely testify at this stage.

An exception is complex cases or white collar crime, where the client's presence can be critical. Even if they don't testify, they can provide insight to the attorney that helps with cross-examination of the prosecution witnesses.

Those five questions are a good start. You should have more, based on the details of your case and your situation. Choose wisely and you will be a lot happier with your criminal defense lawyer.

Friends Link : Student Loan Insurance, Auto Insurance Online homeowners insurance quotes maine white water rafting

How Does a Criminal Defense Lawyer Do Their Job?

Image : http://www.flickr.com

Everyone has their day in court. This means that even if the client is guilty, the criminal defense lawyer must do whatever is necessary so that person will not be convicted of the crime.

How does that work? If you are a public defender, the client will be appointed and you have to meet with them. Before this person is arraigned in court, you will have time to discuss what will be their plea which will then be presented to the judge. Afterward, ample time will be given so you can conduct an investigation, review police reports and examine the evidence to prepare you for trial.

During the trial, both sides will be able to present witnesses. Some of these are experts and after the prosecution questions this person on the stand, you will have the chance to cross-examine them and vice versa.

Before the trial starts or even during, you can try to settle this matter out of court. You have the right to accept or turn it down but you must first discuss this with your client.

When all the witnesses have spoken and the evidence has been presented, the only thing you have to work on now is your closing argument. You should summarize everything that has happened in front of the jury because the prosecution will do the same so the jury can now go to the jury room and make their decision.

How long will the jury will be deliberating is anyone's guess. Sometimes a verdict will be announced in less than hour while others will take longer. When the jury has returned, you will know if the jury has reached a guilty or not guilty verdict.

If the verdict is guilty, then you can appeal the decision to the higher court. If the verdict is not guilty, then your client can walk out of the court room as a free man.

The same thing happens when you are working for or have your own criminal defense law firm. The only difference is that clients will go up to you. When they walk in, they will want to interview you first to find out a little about you.

You should be ready to answer questions such as how long have you been a criminal defense attorney, how many cases have you won, do you go to trial often or decide to settle this matter out of court and so on. How you answer will help them decide if they want to hire you or not.

Another difference between those who operate privately is that you can charge a certain fee for your legal services. You can charge a flat fee or on an hourly basis. This depends on you.

If you are handling a lot of cases right now, be honest with the client and tell them you can't because you will not be able to represent them to the fullest of your ability in that condition.

So how do you a criminal defense attorney do their job? By operating on the assumption that anyone who is arrested is innocent until proven guilty. This is hard especially if you know your client did it but this is your duty as a public defender. You failure to do so will mean this person will spend the rest of their time in jail.

Visit : Ferret Auto insurance price quote Life assurance quotes Online homeowners insurance quotes

How an Indiana Criminal Defense Lawyer Can Help After Conviction

Image : http://www.flickr.com

It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.

Appeals

If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.

Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.

A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.

Probation Violations

You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.

Sentence Modification

If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.

Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.

When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.

Visit : Insurance, Auto Insurance Hipmore Mesothelioma attorneys Car insurance quotation