Defending against bank fraud charges

In a world of increasingly sophisticated technology, and despite the fact that banks take many precautions to safeguard their assets, charges of bank fraud are still common. In response, law enforcement has become more aggressive than ever, applying significant resources to catch suspected thieves. Bank fraud is best defined as a form of theft or deception in which assets owned by a bank are stolen or attempted to be stolen under the guise of false pretenses. Types of bank fraud can take on many forms, including counterfeiting, credit card fraud, ATM thefts, forgery, embezzlement, mortgage fraud and others. Although a person may be charged with bank fraud, the good news is that it does not make them automatically guilty. Bank fraud cases can be incredibly complex, and that means following a forensic accounting trail can turn up many things that could work in a person’s favor. Doing this type of work means that it’s imperative that a defendant retains a well-known and successful attorney who specializes in this kind of case as soon as they suspect they will be charged. Part of this will depend on whether or not a person is going to be accused of a state-level crime or a federal crime. Because the banking system is interconnected throughout the country and throughout the world, many crimes cross state borders and banks are therefore protected by federal statutes. The key to mounting a good defense is understanding that a bank is primarily concerned with recovering their assets. Knowing... Read More

Common traits of the best attorneys

Searching for a lawyer when you need one is more than likely something you haven’t had to do before. Much like the court system itself, the process can be intimidating, and if you make the wrong choice, the results could spell disaster for you. Before you start your search, here are a few things to consider when trying to retain the best attorney for your situation. Experience. You cannot afford to take chances with your case, and that means hiring somebody who not only has been practicing law for several years but also someone who has direct experience with similar cases. Negotiating skills. While some cases go to trial, the vast majority are settled long before anyone steps foot in a courtroom. Often, the ability to cut the right deal for a client not only saves time and money, but it can also save in penalties, the length of sentence and other negative impacts on a person’s life. Communication. Much like the bedside manner of a doctor, the best attorneys will be effective communicators. Being excellent communicators means they can not only handle themselves well in front of a judge and jury, but they will also take the time to explain the processes to you in a way that eases your fears and reduces your anxiety. Reputation. An excellent attorney will be well known in legal circles and have a track record that he and his peers can point to. This reputation can work in your favor if the attorney... Read More

What are the differences between state and federal crimes?

If you’ve been charged with a crime, one of the first things you need to consider when searching for legal representation is whether you’ve been accused of a state-level crime or a federal level crime. Depending on the charge, both can carry grave implications for you, but how you mount a defense strategy may be quite different depending on which court system you will be tried in. Some attorneys have experience at both levels, but generally, it is best to find one that has the bulk of their expertise in the system where you will be tried. Most types of crimes are clear cut when it comes to which system will handle the case. If a crime is committed in a single state, it will be considered a state-level crime, unless federal laws override it. In many instances it could go either way, a “Supremacy Clause” kicks in, giving federal law precedence over state law. Some examples of state-level crimes can be burglary, assault, murder, robbery, among many others. Crimes that take place in multiple states or that are designated as federal crimes include acts such as tax fraud and IRS violations, mail fraud, drug trafficking, counterfeiting or immigration-related offenses. One of the most important aspects of being charged with a state-level crime versus a federal level crime is how penalties are determined if you are convicted. Judges have a certain degree of discretion and can take many factors into consideration when determining the length of a prison sentence or... Read More

Legal options when you are falsely accused

Whether it’s in the heat of the moment during a dispute or a long and drawn out argument that has turned nasty, sometimes things can go too far and you can be falsely accused of a crime you did not commit. Life 's hard enough when dealing with legitimate problems in your life, so when a false accusation is added to the heap, you can imagine the unnecessary strain and trouble it can produce. Fortunately, you have several options you can pursue to right this injustice. If another person has defamed you, you may have the grounds to file a libel or a slander lawsuit. Both actions involve someone making false and hurtful statements that can cause damage to a person’s reputation. The difference is that slander occurs when the statements in question are spoken to a third party, and libel takes place when the comments are made in writing or in some way are published. Slander and libel apply if you can show that the person made the statements and that they were false. Laws will vary from state to state and the damages you may be able to collect are calculated in many ways. For example, if you lose your job or have trouble finding a job due to the statements, the person in question could be on the hook for a relatively large amount of money in addition to possible compensation for things such as mental anguish or embarrassment. If someone makes false statements about you and... Read More

Eight facts you need to know about Colorado’s drunk driving laws

If you’ve been caught driving with alcohol in your system in Colorado, you’re going to need a good DUI attorney to help you work through your situation. You may get lots of well-intentioned advice from friends and family, but you need to know the facts as early as possible. Here’s are some things to consider: There are two levels of alcohol-related driving offenses, both based on BAC. They are Driving Under the Influence of Alcohol or Drugs (DUI) and Driving While Ability Impaired (DWAI). The legal limit for blood alcohol concentration (also known as BAC) is 0.08% if you’re 21 years of age or older. It is 0.02% if you’re under 21 years old. For a DWAI, the legal limit is 0.05%. The Colorado DMV has the legal authority to suspend your license for DUI and DWAI offenses regardless of the status of any charges you may be facing in court. A DUI 1st offense can result in a license suspension of up to 9 months, a fine of up to $1,000, up to one year in jail, up to 96 hours of community service, and alcohol education classes. A DWAI 1st offense will result in 8 points toward a license suspension, a fine of up to $500, up to 180 days in jail, and up to 48 hours of community service. Penalties go up significantly for repeat offenders and may include the installation of an ignition interlock device on your vehicle. If you fail a roadside sobriety test, you... Read More

Defending yourself against charges of sexual abuse

Aside from being charged with an actual act of sexual abuse, the implied emotional issues that come from such a charge can bring a pointed response from prosecutors, members of the public and others who follow these types of crimes closely. Sexual abuse charges stem from any and all kinds of unwanted sexual contact between two people. Every charge of this nature is serious and can bring a long prison term with it. One of the biggest additional implications is that a conviction may also include having to register as a sex offender. A sex offender registry can be a permanent record that can have a negative impact when applying for a job, trying to rent an apartment or any other number of situations. That’s why it is crucial to hire an experienced sexual abuse defense attorney as soon as you have an indication you could be charged with this type of crime. Mounting arguments in your favor will not be an easy task, but the sooner you retain an attorney, the better your chances are of being found innocent or dealing with lesser charges. There are a couple of possible defenses an attorney may employ when dealing with your case. The most basic of these is the claim of innocence. Supporting evidence and a sound alibi can often turn a bad charge into a good defense. Sexual abuse charges can happen in a variety of ways, but one of the most common is when a couple is in the... Read More

Internet luring enforcement activities are on the rise

Facebook, Instagram, Snapchat, chat rooms, and dozens of other social media applications have made it easier than ever before to contact just about anyone in the world with an online presence. While we’re more connected than ever before, sometimes the Internet can be used for potentially illicit activities as well. It is becoming more and more common for some individuals to use online means as a way to commit acts of child enticement, which is defined as reaching out to minors for the purpose of luring them into sexual activities. As this type of crime has become more commonplace, so too has law enforcement engagement in an attempt to stem this tide. Child enticement is a broad umbrella term that incorporates many types of criminal activities including soliciting children into pornography, sexual abuse, pandering and prostitution. Internet luring is one of the more common accusations leveled at defendants. Specifically, luring takes place when a person attempts to meet a child over the Internet or by phone, describing explicit sexual conduct, when the child is at least four years younger than the defendant, and when the defendant believes that the child is less than 15 years old. Internet luring is considered a felony, and so it is vital, if you are charged with this type of crime, that you mount a fast and aggressive Internet luring defense. There are several possible ways to defend against this charge, with the most common being that a person has misrepresented themselves online, allowing a... Read More