Federal criminal defense attorney

Twelve Must Know Criminal Fraud & Securities Enforcement Investigations Facts
By John Teakell

For lawyers, every case brings its own unique and complicated facets to the courtroom. However, there are a certain number of set precedents to know when your client is under investigation for criminal fraud and related securities enforcement.

1. Federal criminal investigations are conducted by the U.S. Attorney s Office and the grand jury, and may or may not occur simultaneously with an SEC investigation.

2. As in a criminal case, generally, your client can assert the Fifth Amendment privilege against self-incrimination as to his/her statements in an SEC investigation or litigation. This may not be true with regard to responses to SEC discovery requests.

3. Securities and Exchange Commission (”SEC”) investigations are civil enforcement actions and may result in a civil Complaint being filed in federal court.

4. Although SEC suits are enforcement actions, they are civil in nature and usually seek injunctive relief, disgorgement of ill-gotten gains, and civil money penalties.

5. Evidence obtained during an SEC investigation or litigation may be used in a criminal prosecution.

6. Statements made by a person during an SEC investigation or during litigation with the SEC may be utilized by the U.S. Attorney s Office for a criminal prosecution.

7. An SEC investigation does not automatically lead to a criminal, grand jury investigation.

8. You have an opportunity during the SEC s investigation to present reasons why your client should not be sued by the SEC.

9. An SEC investigation may also result in proceedings instituted administratively, which are heard before the SEC s administrative law judges.

10. In its administrative proceedings, the SEC sometimes seeks an order barring a client from working in the securities industry, e.g. broker-dealers, stock promoters, or other clients, who have participated in an alleged scheme to defraud or to manipulate stock prices.

11. The SEC can seek to bar company officers and members of boards of directors from serving in such capacity when filing suit against them based upon a fraudulent scheme or scheme to manipulate stock pricing.

12. The court may appoint a receiver to oversee an on-going business that the SEC has sued for fraud or for other prohibited conduct, and to recover assets that could be used to pay expenses and/or be returned to investors.

Dallas-based criminal attorney John Teakell offers defense for federal court cases as well as other criminal defense cases. For more information, visit www.teakelllaw.com

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Search Criminal Records
By Jennifer Bailey

In almost all firms in the United States, doing a criminal record search for potential employees is standard procedure. This is because most business firms would like to avoid the potential problems that can happen if they hire a person with a criminal record, especially those people who have been convicted for very serious crimes. One of these potential problems includes the firm being sued by their employees if the new hire becomes a problem as a direct result of his criminal background. Fortunately, firms can easily avoid this problem by accessing the criminal records of potential employees from a number of sources, among which the most commonly used is the Internet. However, apart from the Internet, there are also other sources of the criminal records of employees, which is also a reliable source of such information.

One source of criminal records

One good source of the criminal record of potential employees is an investigation company. Investigation companies are considered to be good sources of criminal records because they have access to data that are not usually open to the public. This is because as investigators, they can gain access to the information they need through special permission from the courts. They are given special permission because the search that they would do is considered a legal search, which is within the rules that most courts define. Apart from the courts, investigators also have access to the records that are kept by county, state, federal, and even private organizations.

However, investigators can only provide statewide searches, as the only nationwide criminal record search available is only accessible to the Federal Bureau of Investigation. This is not necessarily a bad thing because it has been proven that firms need not do a nationwide criminal record search because usually, those convicted of crimes commit the crime near the place where they live. This means that a statewide criminal record search may be more than enough to help firms check the background of a potential employee.

There are a number of sources from which firms can gain access to the criminal records of their potential employees. Among these, one of the most commonly used is the Internet, which provides firms a convenient way to conduct a criminal record search. However, there are other reliable sources of criminal records, which are investigation company, which do not only provide firms with important information on the criminal records of potential employees but also other important information about a person s background, which are not open to the public.

Criminal Records provides detailed information on Criminal Court Records, Criminal Records, Criminal Records Online, Criminal Records Search and more. Criminal Records is affiliated with Masters Degree In Criminal Justice.

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History Of Criminal Justice
By Marcus Peterson

Justice while she winks at crimes, Stumbles on innocence sometimes?
- Samuel Butler

Crime and punishment have had a dangerous liaison with humanity throughout the history of civilization. People have always done and will continue to do things that are crimes in the eyes of society. They will kill, they will loot, they will rape, and they will plunder, and although the crimes are committed by humans themselves, they alone have the right and obligation to decide how these acts are punished. The only detail that makes a difference in the field of criminology is the perception of right and wrong. Many things that are considered okay on this side of the border become capital crimes on the other.

Crimes come a dime a dozen and so do the ways criminal systems judge them. To decide whether an act is a crime or to justify it under moral auspices requires a close look at the phenomenon, making it essential to study all precedents available. Making the proper assessment of crime, the accountability of the perpetrator as well as the victim in order to mete out punishment that fits the crime depends up on a detailed study of the history of crime and punishment.

The commonest form of punishment since ancient times has been exile. People were sent away from their native lands when they did something wrong with the belief that by sending them out of the kingdom, their crimes are no longer the kingdom s responsibility. Then came the age of tributes: people who committed crimes were to pay suitable compensation to the victim s family as well as to the state for wasting its time with crimes. Of course, this arrangement made no sense for the poor, who were then conveniently engaged as bonded labor. Throughout history, criminal justice has been responsible for committing the most heinous crimes. The witches burnt at the stake, the peasants convicted of treason and the children buried alive are just some of the victims of skewed perceptions of crime and punishment. Most of the time, the poorer classes had to bear the brunt of criminal justice and were forced to endure public flogging, torture and amputations for crimes like staring at a parson or stealing bread.

Criminal Justice provides detailed information on Criminal Justice, Online Criminal Justice Courses, Masters Degree In Criminal Justice, Criminal Justice Careers and more. Criminal Justice is affiliated with Criminal Records Online.

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Criminal Injury Claim - Are You Serious
By Mumtaz Shah

Injuries due to criminal activities, can be one of the most complex and traumatic experiences that anyone can suffer. A criminal injury claim in these terrible incidents, can profoundly affect both the victim and the victim s friends and family, leaving both emotional and physical scars that can last a lifetime.

Few people understand the sensitive and complicated nature of criminal injury claims and can sympathise with those who require the legal help often necessary after these incidents. Criminal injury compensation is especially unique and each case must be dealt with in a unique manner.

Getting Started Can Be The Hardest Part

The most difficult part of a criminal compensation claim, quite often, is coming to the decision to seek one. Serious crimes, that leave the victims injured both physically and mentally can have all sorts of impacts, depending on the person.

Far too often, the victim chooses to put the incident behind them, without persuing for justice that they deserve because they feel that a court case will just make things worse. That s when a trusted compensation solicitor comes in handy.

Because of the sensitive nature of these cases, a trustworthy and caring solicitor will be your best friend in the battle. If you feel comfortable with your injury solicitor, then you will be able to get the verdict and the compensation you ve been hoping for. Together, you can turn this whole incident around and find the silver lining in the cloud.

Don t Be Victimised! Fight Back!

After suffering a criminal incident such as an assault, many victims tend to shun away and try to bury the memory, in hopes that it will go away. This, unfortunately, is probably the worst thing anyone can do, while we understand the trauma that has been suffered, we must push hard for a compensation claim, because it is the right thing to do.

Allowing those who have hurt you to remain free from responsibilities is unacceptable.
Finding the right accident compensation solicitor and taking those responsible to court is the right and justice thing to do, as you could possibly prevent them from assaulting others.

From Victim To Victor!

Take back your life and get the compensation you deserve. Go from being a victim to a victor and make them pay!

Getting the compensation you deserve can be a turning point in this tiring time, but you must not forget to choose the right solicitor in your battle, it can mean all the difference in the final outcome.

Start Today And Make Them Pay!

If you are a victim of a crime and have been injured, and are still not convinced that an accident claim is the way to go, then please read the following:

If it was someone you cared or loved was hurt in a criminal activity, wouldn t you push hard for justice?

Even if the victim was reluctant and wanted to forget the whole thing, you would know better, because you cared and knew they weren t thinking clearly.

Not pursuing the compensation deserved can be a regretful decision, with many people coming to the realisation too late.

Don t become just another victim, just another statistic that is left to deal with the traumatic experience by yourself.

There are solicitors who care, who will fight hard and win for you, who are not only concerned with the bottom line, but getting their clients life back on track.

Don t hesitate, make the decision and take charge today, you won t regret it.

It s easy to proceed with a criminal injury claim and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of criminal injuries at http://www.100percent-compensation.co.uk/articles/criminal-injury-claim.html

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Criminal Records 101
By Amit Mehta

Criminal records, also known as rap sheets , are documents that contain your personal identification details, your legal status and a listing of any crime you may have committed. It is the responsibility of the state government, usually a law enforcement agency, to keep the criminal records of each of its citizens updated and accurate. Even if an individual has never been convicted of a crime, criminal records usually also include instances of arrests.

Who Accesses Criminal Records?

A copy of your criminal record may be requested by your potential employer, a future landlord, an educational institution you are seeking admission in, or even by police authorities. The latter usually asks for the retrieval of one s criminal records to check on a suspect s past records and/or to aid in coming up with the most appropriate sentence . For instance, if you have been caught driving under the influence and your record shows a history of DUI arrests, then you will be slapped with a higher sentence this time.

There are also reasons why YOU should access criminal records such as if you are planning to employ someone or you simply want to check up on somebody (a suspicious neighbor, a potential business partner, etc.). You can even pull a copy of your own criminal record to see what others will see and to check if you have been a victim of identity fraud. Obviously, if you see entries of crimes you have never committed, it is highly possible that someone else has been using your identity!

Laws for accessing criminal records vary from one state to another. Some states view criminal records as public records that anyone can retrieve, while other states require the consent of the person before the criminal record is released. Whatever your purpose, you should check first what the specific rules are in your state.

Criminal Records - Ordering Online

Traditionally, criminal records are requested in person, on the phone or through fax. This often comes after a laborious search for the right courthouse and submission of required documents and corresponding fees. Online criminal records, on the other hand, are instantaneously yours, without all the trouble.

Once these criminal records are transferred to an online repository, requests can come through and approvals for disclosing the information can be accomplished in much less time. Although there are many websites that offer free access to criminal records, other companies on the Internet will require you to pay a minimal fee to cull information from a variety of sources.

These online companies also have standardized formats for easier investigation and comprehension. They also provide summarized descriptions of each of the items that turn up in a search so that you do not need to read through all of the documents in detail. And because the data is stored over the Internet, you can request for criminal records 24/7.

Want to Know the Top Sites to Find Criminal Records? Read Dr. Amit Mehta s Unbiased Reviews ==> RecordsSiteReviews.com

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Weight of Marijuana and Criminal and Tax Law
By David Oppenheimer

Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into delta9 THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THCA is released. The result is marijuana’s psychoactive compound delta9 THC. The State of North Carolina’s laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold. No one purchases wet marijuana at a price comparable to suggested market value because approximately 80% of this weight consists of water, both in the plant tissue and chemically bonded by carbon to the THC molecule. No one smokes fresh, wet, uncured marijuana because it cannot produce a euphoric effect. Decarboxylation must occur by drying prior to it’s combustion that occurs with smoking (this does not occur when attempting to smoke uncured marijuana), drying must also occur before eating marijuana, if it is to produce a euphoric effect.

North Carolina’s G.S. 15A-903(a)(1) allows the State to retain only a small random sample of marijuana to be made available to prosecutors and notably the defendants for the discovery rights. This deprives the defense of having all the evidence available to them. The actual weight of marijuana is an essential element of the criminal statute. The marijuana’s weight is the primary factor in determining the NC unauthorized substance tax assessment.

‘Mature stalks’ are found on all mature marijuana plants. The percentage by weight of marijuana’s ‘mature stalks’ can vary widely by different cultivation methods and by genetic variation. NC G.S. 90-87(16) clearly exempts ‘mature stalks’ from being considered toward the weight of ‘marijuana’ for criminal sentencing purposes. ‘Mature stalks’ are exempt because the State has recognized that they have neither intrinsic value as an intoxicant, nor any noteworthy market value. Marijuana’s ’shade leaves’ are a waste product for marijuana farmers. These leaves are not smoked, and are not psychoactive. Likewise, male marijuana plants do not produce smokeable buds nor THC (the psychoactive ingredient of ‘marijuana’). Marijuana’s initial wet, uncured weight can be over 500% of the final, dried, consumable and marketable weight. Uncured marijuana cannot be bagged or jarred because without curing because it would mold, rot, and become valueless. The State’s weighing of water content in uncured marijuana has resulted in many citizens receiving far harsher imprisonment, taxes and fines. Marijuana trafficking in North Carolina carries a mandatory minimum 2-year sentence for anyone possessing 10 lbs. or more. One pound of marijuana may weigh 6lbs before it dries and is useable. Many small farmers end up with trafficking charges because of this discrepancy. I do not believe this was legislature’s intent, nor is it just. The marijuana trafficking statutes,

Gwinnett County Criminal Defense Case - What to Do When You re Involved
By Kevin Mitzner

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.

CriminalDefenseFAQS.com provides *straight to the point* articles about Criminal Defense Lawyer, Federal Criminal Defense and Criminal Defense Investigator.
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Criminal Justice
By Marcus Peterson

Civil society cannot continue to exist without peace and order. Several structures and systems are in place to ensure that government, business and the general public enjoy protection from threats to their freedom, life and property.

Criminal justice is at the heart of these efforts. And you can play an active part in it with the right attitude and education.

What it’s All About

Criminal justice is a diverse and interesting field that opens so many areas of opportunities for practitioners. More importantly, because it deals with the psychology of crimes and the social implications and influence on people who commit crimes, the field is dynamic and highly evolving.

Forms of social justice and punishment has changed over the years due to new legislations, advocacies and emerging philosophies. For example, prisons were previously seen as places where all the bad guys could be locked up, away from the vulnerable citizens. Today, correction facilities are embarking more rehabilitation programs to prepare these criminals to come back as more responsible members of society.

Crimes have also evolved into high-tech or cyber modes. Traditional methods and processes of profiling criminals and catching them have of course ridden on the same wave. Crimes are also not confined to a specific area. They can escalate into forms that may require international cooperation. And with the constant threat of terrorism, criminal justice agents are harnessing their skills in international politics, law, and relations to ensure peace and security.

Career Opportunities

Students of criminal justice may find that they have to learn not just general laws and enforcement techniques, but they may also need to choose something to specialize in, from numerous disciplines. Criminal justice is a product of interdisciplinary studies of law, psychology, sociology, public administration, criminology, forensics, among others.

With this extensive background, students can easily get into the police force, private security industries, courts, and even academics. The choices are varied and numerous.

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Pleas & Court Appearances in New York Criminal Courts
By Susan Chana Lask

At arraignment, the District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases so the District Attorney can rightfully concentrate on the more serious crimes.

If you were arrested for misdemeanor shoplifting and you arrive at the arraignment with no prior arrests, most likely the District Attorney will offer you the option of pleading guilty to a lesser violation and a few days of community service with a fine. You have the option to end the process by accepting the lower charge of a violation, which is not a crime but will appear on your record in the future.

If you accept the plea then you will actually plead guilty to a lesser offense on the record and the court will most likely impose a fine and community service or counseling, depending upon what you and the District Attorney agreed to.

If you don’t accept the plea, you will simply plead “not guilty” and continue your criminal court appearances. Your attorney will file various motions and hold hearings to discover what evidence the District Attorney has against you or to get the charges dismissed. An example of such a hearing would be called a “Huntley Hearing”. In that hearing your attorney s objective is to get any incriminating statements you made suppressed, meaning they can not be used against you. The point of that hearing is that the police obtained statements from you invlountarily. At the hearing your attorney will cross-examine the police involved in your arrest by asking them detailed questions. If your attorney can prove your statements were coerced or obtained form you in some way involuntarily then you have just eliminiated a criucial piece of evidence against you, making your case of innocence stronger.

As you proceed further through the criminal court process, the plea to a lesser charge may or may not be offered again. Whether or not you accept a plea is something only you and your attorney can decide, based upon your circumstances. Just remember that the plea will always be on your record as opposed to fighting the charges if you’re innocent and getting the whole criminal case dismissed, clearing your name.

Your Criminal Court Appearances

If you plead not guilty and are released “ROR” (meaning without bail and on your own recognizance) or on bail, you’ll be given the next date to appear before the court. At that time the court will set deadlines for your attorney to complete certain work on your behalf.

The District Attorney has a limited period of time to complete his investigation and state on the record he is ready for trial. The time limits are mandatory to protect your constitutional right to a speedy trial. So you should be prepared to quickly prove your innocence. Being accused of a crime is a stigma, and the reality is that you are actually presumed guilty until you prove your innocence (contrary to the belief that “you are presumed innocent until proven guilty”).

If you miss a court appearance, a warrant for your arrest is issued

Your Right To A Speedy Trial

The time for you to get a speedy trial starts running from the date the criminal complaint is filed against you. A trial for a violation must be held within 30 days. A misdemeanor trial must occur within 90 days. A felony trial must take place within six months.

The time periods for a speedy trial are “tolled” (stopped) because of certain motions made by your attorney or certain hearings. They are not tolled if the District Attorney requests adjournments without your consent. They are also not tolled if the District Attorney is not ready for certain appearance dates. This is called “excludable time” for the purposes of determining when a trial must be held.

Making A Record

At each court date, there will be a stenographer typing every word of the proceeding to make a record of it. Your attorney must make sure the record is clear that you do not consent to an adjournment or that the District Attorney was not ready. Being clear is important, because the court is overwhelmed with hundreds of cases a day. Sometimes the judge will not keep a good record or his notes on your file will be unreadable and the judge later can’t recall what happened.

To be clear and to protect your rights, state on the record that “defendant does not consent to the adjournment and time should be charged to the People” or state that “The District Attorney is not ready and time should be charged to the People.” Make sure the stenographer hears what you say because you may later have to order those records from the stenographer to prove what happened at the hearing. If the stenographer did not hear you or your attorney then you will not have a record that will benefit you. Make sure you both speak loud and clear at each court date to protect your record.

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

About The Author

Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title “High-Powered” New York attorney. She can be reached at www.appellate-brief.com.

sue@aol.com

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Wisconsin Free Criminal Records
By Danny Brown

Wisconsin statute 19.35 (3) allows most criminal records to be open to the public. Wisconsin free criminal records kept by local and state agencies are available for public review. All adult Wisconsin free criminal records are included. This statute can make you research easier.

All open criminal records in Wisconsin are kept in the database of the Criminal Investigation Bureau.
In addition you can find free Wisconsin criminal records in these other databases.

LexisOne.com, a private group helps small firms needing legal research. The company provides a free search engine of criminal records on its web site. You can find court cases filed in state courts or federal courts. This allows searching of Wisconsin criminal records by keywords or citation numbers. You can also specify a range of dates to narrow your results.

Most of Wisconsin cities keep free criminal records in online databases Most wanted people are provided by cities such as Appleton and Beloit. The city of Beloit also keeps a database of sex offenders. In addition Font du Lac, Madison, Kenosha, Harford, Milwaukee, and others keep a listing of sex offenders. The Milwaukee data of Wisconsin free criminal records also includes property recording, violations, service requests, and permits.

There are County databases that provide free criminal records such as lists of inmates and people out on parole. Burnett County databases are a good example. This information is helpful in your search of Wisconsin free criminal records. A benefit of county records is they are gathered from all the courts in its jurisdiction. This data does not include federal court records. The county records provide most of the facts for the Criminal Investigation Bureau records.

City databases provide inmate information, but the best source is the Department of Corrections. It provides the most complete online information about inmates. Searching these Wisconsin free criminal records you only need to fill out a form online to check an offender’s status. You can search the database by name or offender I. D. code.

It’s best to try all these Wisconsin free criminal records databases and get as much information as possible.

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