161 FAQs where found , 30 in this page
It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way. Learn More
It all depends on how the evidence is acquired and if the police violated the defendant's Fourth Amendment right. A Gallardo Law Firm drug crime lawyer can surely assist you with any challenges along the way. Learn More
You have the right to an attorney and the right to remain silent via the Miranda Warning. Learn More
Your will be immediately revoked and you will be remanded to jail. Learn More
It depends whether you are on misdemeanor probation or felony probation. Learn More
First of all, you need to provide the probation officer with details of the emergency and verification of the trip as soon as possible. Then, you must look for approval. If you are in good standing, the decision may be favorable for you before and after the fact. Learn More
You attend a hearing when you are charged with a violation of process giving you the opportunity to be heard. You may represent yourself or be represented by an attorney. The District Attorney representing the State and the probation officer and any witness will present the case. The Defense attorney has the right to examine the evidences and present witnesses. After both parties preset their cases, the judge will decide whether there has been a probation violation or not. If the judge has found the defendant has violated probation then the sentence will be given. Learn More
Violation of probation may lead to revocation of probation to prison. The judge may sentence the defendant to serve up to twelve months in the county jail, up to six months in the Probation Detention Center. In addition, the court may order the defendant to follow special conditions such as counseling programs and so forth. Learn More
You have a probation officer assigned who you should contact and report any change in job status or place for living, and request permission to travel out of the state. You should follow all the instructions to report. In the event you fail to comply, your case will be returned to court for a violation hearing. Learn More
You need to transfer your supervision to the state you are moving. The officer will give you permission and explain requirements for the relocation of your probation supervision to the new state. Learn More
You should know that it is very important to tell the truth because lying can cause more harm than good. Discussions with your attorney are protected, the lawyer receives the largest and most valuable information through the client, this being a major source. Learn More
An arrest is merely apprehension and taken into custody an individual by the police. It will never mean that you have been found guilty of any crime. The prosecutor will let you know later if you are guilty of a crime or not. If the prosecutor decides to impute a crime, the charges may be dismissed at the end. Anyway you may face charges, attend the trial and be released. So, we must be clear that one has been arrested, not convicted, and has not been found guilty of any crime. A conviction is when you already filed with the court and was found guilty of a crime regardless of the level of severity of this and then it will reflect a conviction on your record, no matter if you spend time in jail or not because there are other ways to pay fine sentences such as, voluntary serviceid and others. Learn More
If you come before the charges are filed you may be able to avoid extradition. This is something positive and works to benefit the client. Judges see this act favorably. Learn More
Yes, you can do it but remember that the right to a lawyer is personal to the defendant which means that the defendant must request the right to counsel. Learn More
Yes, the police do not need a warrant to check it in case you are arrested. Learn More
You have the constitutional right to an attorney at the time of police interrogation. Remember that everything you say can be used against you; you can say that you will not answer any question until a lawyer is present. Learn More
Yes, some types include: shoplifting, credit card fraud, petty theft, grand theft, identity theft and carjacking among others. Learn More
Petty theft is a serious offense generally considered a misdemeanor. Being Grand theft a much more severe offense of stealing things with a monetary high value, a minor felony can be considered. Learn More
The courts want to treat both types of crimes equally; however, it is thought that white collar defendants do receive preferential treatment, especially when it comes to negotiating fees and terms of release pending sentencing. Keep in mind that although white collar crimes are serious, there is generally no physical violence involved. The main issue comes at the time of sentencing, involving questions such as where the defendant will be placed to complete the prison term. White collar criminals and other types of criminals such as those accused of rape, murder, and other violent crimes should not be placed together. The type of crime is also significant when deciding whether or not to give the defendant pretrial release. However, some crimes have been committed where large sums of money are involved and individuals implicated might have violated more than one law. In these cases, they will be judged more strictly than other White Collar cases. Even though many white collar crimes are not violent, keep in mind that there are no victimless crimes and someone from the general population is always negatively affected (mostly financially) with these violations of the law. In many cases of white collar crimes, a defendant's cooperation is essential to solving the case. Learn More
Not usually. These White Collar Crimes are usually federal crimes and are investigated by federal agencies such as the U.S. Department of Treasury, FBI, IRS ,U.S. Postal serviceid, Securities and Exchange Commission and the U.S. Citizenship and Immigration. There will usually be an objective for investigating the alleged crime and some time will be spent collecting research and following the suspect in order to have sufficient evidence before presenting the case in court. Being the target of a White Collar Crime investigation can be very threatening. For this reason, there are regulating agencies at the state and federal level, which job is to analyze certain business areas when suspicion arises. Learn More
You can, although it is especially difficult. Keep in mind that an indictment for a white collar crime generally involves fraud and dishonesty. Thus, when a prospective employer sees the criminal record of the person, they may be concerned that the person can commit a similar action in the future. Employers are required to report to their investors whenever a person convicted of a white collar crime is hired and generally investors are not willing to risk the company's reputation. Learn More
The assistance of a lawyer is always necessary, especially if youre innocent because a good lawyer will make sure that your rights are fully protected and the truth comes to light. Learn More
It is always good to have legal advice, even when you believe you want to plead guilty. Most people are not fully aware of the consequences of a white collar crime. Hence, it is crucial for a competent criminal defense lawyer to handle your case. A good criminal defense lawyer might be able to achieve a sentence reduction, providing you with many more opportunities to continue your life normally. Learn More
State authorities can also prosecute white collar crimes. At times offenses are named differently in federal courts. Learn More
White collar crimes have severe penalties. Most white collar crimes have to do with stealing large amounts of money therefore the punishment can be more severe than a common theft crime. Among the most common penalties for white collar crimes are a long prison term, an unbearable fine, restituting the whole amount stolen, possible probation, etc. Learn More
White collar offenses are investigated by a number of government agencies. Occasionally, several agencies are involved. The FBI will investigate mortgage fraud and bank fraud and other common frauds while the IRS investigates problems related to taxes but also team up with other agencies including the FBI. IRS will mainly investigate money laundering offenses, which are frequently charged together with fraud offenses. U.S. Postal inspectors also investigate some categories of fraud having to do with mail. The Department of Defense is involved in some fraud cases as well and the Immigration and Customs Enforcement will get involved in cases related to, for example, counterfeit goods. Learn More
It is not mandatory to use the Miranda Warning, it is simply a right each person has and can use to his/her advantage. The accused may come to the police station voluntarily and answer any questions about name, address, age, and any other personal data in general without the need for a Miranda Warning. However, if you are being accused and arrested by a law enforcement officer, it is always recommended that you make use of your Miranda Rights. Learn More
An arrest is the detainment and physical act of putting under custody of an individual by a law enforcement agent. This does not mean you have been found guilty of a crime. The prosecutor will have to inform you later about whether you are being charged of any crime. Even if the prosecutor decides to charge you with a crime, the charges may be dismissed at the end of the process. Sometimes individuals may face charges, attend a criminal trial, and be acquitted at the end. So you must be clear about the fact that even though you may get arrested, you have not been convicted because you have not been found guilty of the crime at this point. A conviction is when you have been through the court process and been found guilty of a crime. Regardless of the severity of the crime, if you are convicted it will show on your criminal records when a background check is performed. This is regardless of whether or not you spend any time in jail since there are other ways of paying a sentence, such as through fines, voluntary serviceid, and so on. Learn More
You should know that it is very important to tell the truth, especially when speaking to your attorney since these conversations are protected. The client is usually an attorney's best resource of information for the case, as he/she will provide the greatest amount and most valuable information. Learn More
All those accused of a criminal offense need a lawyer. Even if you are innocent you need to be represented by a lawyer in the criminal process to ensure that your rights are protected. There are cases of innocent people who have gone to jail convicted of a crime they never committed, so the best way to prevent a terrible mistake like this one is to have an attorney who specializes in the criminal area. Learn More
