FAQS

Should I hire a lawyer to represent my case in court even though I am innocent?

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.

If a person wants to plead guilty, does a lawyer need to be hired?

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.

Are all white collar crimes prosecuted in deferral court?

State authorities can also prosecute white collar crimes. At times offenses are named differently in federal courts.

What are the penalties for white collar crimes?

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.

Who is in charge of investigating white collar crimes?

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.

Is it mandatory to use the Miranda Rights in Miami?

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.

What is the difference between an arrest and a conviction?

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.

Is it important to tell the truth?

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.

Do I need to hire a criminal defense attorney even though I am innocent?

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.

Can a police officer arrest a person without providing the Miranda Rights?

They can, but it is illegal. Police officers are required to read the Miranda Warning to individuals who are being arrested.

What is the Miranda Warning?

The Miranda Warning is the benefit offered to any person who is being arrested for any criminal cause, giving them the right to remain silent until a defense attorney is present. If the individual does not have the means necessary to pay an attorney, the state will assign a free public defender. In addition, police officers are required to read the rights in a language that will allow the accused to fully understand what exactly he/she is being accused of and what their rights are.

When were the Miranda warning established?

The Miranda Rights were established in 1966 by the U.S. Supreme Court of Justice.

If the police arrest a family member, can I send a lawyer to represent him/her?

Yes, you can do it but remember that the right to receive counseling is personal to the defendant which means that the defendant must request the right to be counseled.

Can I be checked by the police if I am arrested?

Yes, the police do not need a warrant to check in the event you have been arrested.

Are you entitled to an attorney at any time during a police interrogation?

You have the constitutional right to an attorney at the time of police questioning. Remember that everything you say can be used against you; you can say that you will not answer any question until you have a lawyer. You need not to answer any question until your lawyer is present.

What is the difference between a misdemeanor and a felony?

A felony is a criminal act with more than a year of sentence while a misdemeanor is an offense punishable by a sentence of less than one year

It is important to tell the truth?

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 Misdemeanor lawyer receives the largest and most valuable information through the client, this being a major source.

Is it advantageous if I give myself voluntarily?

If a person comes 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.

What is the difference between an arrest and a conviction?

Arrests are merely arrest; it is to take an individual into custody by the police. The prosecutor will have to notify you later if you are guilty of a crime or not. If the prosecutor decides to attribute a crime, the charges may be dismissed at the end. Anyway you may face charges, attend the trial and be absolved. So we must be clear that one can be arrested, not convicted, and not found guilty of any crime. A conviction is when you have already been at the court and found guilty of a crime regardless of the level of severity, and then this conviction will be on your record, no matter if you spent time in jail or not because there are other ways to pay sentences such as, monetary fines, voluntary serviceid and others.

How is the offense of money laundering committed?

Money laundering offense is committed in circumstances where a person is engaged in an arrangement (by providing a serviceid or product) and that arrangement involves the proceeds of crime. These arrangements include a wide variety of business relationships e.g. banking, and investment management. In some cases the offence may also be committed where a person knows or suspects that the person with whom he or she is dealing is engaged in or has benefited from criminal conduct.

If I am involved in an investigation, what should I do?

You should submit all information and documentation of any activity which has been linked to a lot of money. It is advisable to try to use electronic payments through banks.

What differentiates an unusual operation of a suspect one?

An unusual operation is one that has no relation to the economic activities which will normally make the person; while a suspicious transaction is one that is unusual but presumed to come from illegal activity and has no economic basis.

Are all crimes capable of predicating money laundering?

Different jurisdictions define crime predicating the offense of money laundering in different ways. Generally the differences between the definitions may be summarized as follows:

• Differences in the degree of severity of crime regarded as sufficient to predicate an offence of money laundering. For example in some jurisdictions it is defined as being any crime that would be punishable by one or more years imprisonment. In other jurisdictions the necessary punishment may be three or five years imprisonment; or Differences in the requirement for the crime to be recognized both in the country where it took place and by the laws of the jurisdiction where the laundering activity takes place or simply a requirement for the conduct to be regarded as a crime in the country where the laundering activity takes place irrespective of how that conduct is treated in the country where it took place. In practice almost all serious crimes, including, drug trafficking, terrorism, fraud, robbery, prostitution, illegal gambling, arms trafficking, bribery and corruption are capable of predicating money laundering offences in most jurisdictions.

What is money laundered?

Money is laundered when a person or business deals in any way with the benefit of someone else's crime. That can happen in many different ways. Generally, money laundering takes place in three stages. Placement, the stage at which the funds are brought in the financial system. Layering, the process in which the property is 'laundered' and its ownership and source are camouflaged. Integration, the last stage at which the 'laundered' property is re-inserted into the legitimate economy.

Is there any place where it is allowed to save money and the origin is not investigated?

Yes, these places are appointed fiscal paradise. Countries are exempt of tax payments or low invested that have bank accounts or large business in their territory, usually illicit money is transferred to these countries to hinder tracing the source of that money.

What crimes fall under the RICO law?

By law the purpose of this organized criminal activity includes:

• Any violation of state laws such as occupation of toxic substances, murder, extortion, arson, robbery, trafficking in, kidnapping. Any violation or act of embezzlement, counterfeiting, theft, bribery, fraud, obstruction of justice, money laundering, and commission of murder for hire. Assisting aliens to enter the country illegally. (if the action was for profit). Acts of terrorism.

What should I do to get sealed or expunged a criminal history record?

With the aim of having sealed a criminal record or set aside in the State of Florida, a person must first apply to FDLE for a Certificate of Eligibility. The Certificate of Eligibility does not signify that your criminal record was requested to sealing or expunging. It shows only that you are eligible for the type of resource being requested. The judicial record of a child may also be eligible for other types of expungement.

Where is provided the application for Eligibility Certification?

The Eligibility Certification is provided by the FDLE to the Clerk of Courts in all sixty-seven counties within the Florida state. The application packages can be gathered from the criminal division from the entire county courthouse along the state.

If the charges against me were dismissed, why do I still have a criminal record?

Because criminal records are known to the community excepting that the record is sealed or expunged. That record was created when the person is arrested and finger prints taken.

If my civil rights have been restored, will my criminal record disappear?

No, individuals with previous conviction of a felony are not eligible for a seal or expunge of the criminal history records.