Wednesday, January 18, 2017

White-Collar Crimes And Ways Of Handling Them

The very notion of White-Collar Crimes was first introduced in the 30s. Back then, in case a crime was of a non-violent nature, it would be deemed as a White Collar Crime. Hence, if there was no evidence that violence was used in the crime, it would be automatically transformed into a White Collar Crime.

In most cases Federal Government, District Attorneys as well as local prosecutors are handling White-Collar Crimes. These days the definition is slightly different – in the vast majority of situations White-Collar Crimes imply crimes of a non-violent nature – when funds or property were entrusted to the employee. Furthermore, one should remember that embezzlement is the most common White-Collar Crime these days and the defendants in such cases are people who were entrusted with money or real estate property. In most cases we are talking about accountants as well as bookkeepers – individuals who were entrusted with important money issues or some valuable paperwork.

One way or another, White-Collar Crimes are no different from any other crimes and are therefore prosecuted in the very same manner. There are no special rules or regulations here. However, proving that the defendant was actually responsible for the crime in such a case is often quite challenging. The prosecution will need to gather a whole lot of evidence, which would demonstrate that the defendant is actually the person of interest. Nevertheless, the defendant himself may well make things a whole lot worse. One careless statement that may not mean that much right now will eventually help the prosecutors seal the case and convict the defendant in no time. This is one of the numerous reasons why it is so important to find a qualified as well as genuinely experienced legal representative to avoid such problems.

Needless to say, the legal penalties for White-Collar Crimes differ in line with the circumstances of the crime. Still, in case that federal government found that the crime is harsh, a person may well be sentenced to years in state prison. White-Collar Crimes could be deemed as misdemeanors or felonies, depending on the scale of the crime and how serious it is. However, the investigation process in such cases takes a whole lot of time. This means that you will have more time to hire a qualified lawyer and the attorney will have more time to prepare a great legal defense strategy, which will allow you to avoid the most serious legal consequences. Furthermore, in some cases, if you are lucky enough, the lawyer will be able to stop the prosecutors from filing the case to start with.

Once the investigation process is over, the law enforcement officers will go to the judge in order to present all the gathered evidence on the matter. In case the judge finds all the evidence ample and satisfactory, they will issue a warrant for the arrest. Once the warrant will be served, the defendant will be placed into custody and will remain under arrest until a bail is posted.

The arraignment is what follows the arrest. This is basically an initial trial. During that process the defendant will get comprehensive explanation of why they were arrested and what they are charged with. Furthermore, the judge will tell the defendant more about their rights and will then ask the defendant to plead guilty or not guilty. Should the defendant plead not guilty, the process will continue and the trial date will be set up. Furthermore, the judge will set the amount of bail during the arraignment as well.

Depending on whether it is a felony or a misdemeanor crime, there are two ways that the process could go. First of all, if it is a felony, the judge is going to set a date for the preliminary hearing. However, in case it is a misdemeanor, the judge will set the date of pre-trial, beginning the process of discovery.

Regardless of what kind of crime you were charged with, it is best to have a qualified Los Angeles federal criminal attorney throughout the entire process.

Mistakes You Do Not Know You Are Making When Talking With a Police During The Arrest

We all live in a world that is far from being perfect. One way or another, even the justice system - one of the most important elements of modern society - often makes mistakes. However, some of those mistakes may well cost innocent people their freedom. It is hard to imagine how many people were prosecuted and convicted by mistake, just because they had the misfortune of being in a certain place at a certain time. The errors of the justice system may be detrimental and could certainly ruin people’s lives.

Hence, it is very important, crucial even, to be prepared for just about any kind of situation. After all, you never know what may be waiting for you around the corner and you need to know your rights and how to use them. Interacting with the police has its nuances. In case you had the misfortune of being in the wrong place at the wrong time, try and remember the very basics. For example, the law enforcement officers in Beverly Hills are obligated to read you your rights during the arrest. Even if you know little to nothing about the modern justice system, chances are you know a whole lot more about the rights you have – you have heard and seen those rights read a thousand times, on television, in books and movies. Still, did you ever think why it is so important to use your right to remain silent? And what about the fact that anything you may say will be used against you in court?

With that said, of course, it is rather difficult to remain calm when you are being arrested. Hence, a lot of people panic and are ready to say just about anything to the law enforcement officers. Nevertheless, even if you are 100% innocent and you want to tell the police about it, try and remember to use your legal right to remain silent. After all, at times, people say things that they do not mean during the arrest. The police will depict all of those things in their report and will give the report to the prosecutor. The prosecutors are always in a rush to close the case as quickly as possible and will make sure that all you said is used as evidence against you to get you convicted. As such, be sure to remain silent, at the very least up until you get a chance to get in touch with your legal representative.

The right to remain silent is a very important one and we simply cannot emphasize it enough. After all, everything that you say during the arrest will go in the police statement. Fighting against such a strong statement will be more difficult and challenging, so it is best to avoid saying anything altogether and wait for your Beverly Hills criminal lawyer to arrive on scene.

Tuesday, January 17, 2017

“Rehab Mogul” Accused of Sexual Assault And Money Laundering

Los Angeles prosecutors charged the self-described rehab facility with a number of sexual assault offenses as well as money laundering scheme – defrauding insurers as part of a $175 million scam. 

55-year-old Christopher Bathum, who founded 19 sober-living facilities throughout Southern California, was charged by Los Angeles prosecutors with sexually assaulting nine patients as well as money laundering. He pleaded not guilty to all cases, including 34 counts of sexual assault in addition to 12 counts of furnishing drugs. Prosecutors believe that Bathum sexually assaulted women and in some cases provided them with drugs between the years 2012 and 2016.

In addition, Kirsten Wallace, who is chief financial officer for Bathum and his “rehab” facilities, was also charged with 31 counts of money laundering. Furthermore, there are also charges for grand theft, identity theft as well as insurance fraud. Both Wallace and Bathum were stealing their patients’ identities in order to obtain health policies. What’s more, they were charging their clients for the treatment that those clients were no longer receiving. Overall, according to the prosecution, due to those fraudulent actions insurance companies paid out $44 million.

Unfortunately, the official statistical data clearly indicates that insurance fraud is on the rise these days. Even the most successful people, such as businessmen, medical practitioners, dentists as well as chiropractors, are practicing these illegal activities. They are basically using false insurance claims in order to obtain compensation for damages that never occurred. Furthermore, when it comes to medicine, chiropractors, dentists as well as general practitioners are becoming increasingly eager to risk it and are actively getting involved in insurance fraud. In most cases District Attorneys, Attorney Generals or US Attorneys’ offices are investigating insurance fraud, but when it comes to medical fraud, a Medical Insurance Fraud Defense Attorney may start the investigation as well.

Both Wallace and Bathum were recently arrested when the law enforcement authorities were involved in a raid after sexual assault claims in May. If convicted, both Bathum and Wallace are facing up to 53 years in prison. Furthermore, for sexual assault, Bathum may face life in prison as well.

Sexual assault implies sexual intercourse of any kind without consent. Forced sexual intercourse, fondling, incest, child molestation as well as forcible sodomy are all included in the very definition of sexual assault.

With that said, at times, people get falsely accused of sexual assault. Such cases really exist and in case you believe that charges will be dropped just because they are ridiculous and you never had anything to do with such actions, think again. Such charges are extremely serious and will not simply go away – they may have terrible, absolutely detrimental consequences and you will need to prepare yourself if you are falsely accused of sexual assault. Below are some things that you will be able to do in order to make sure that things are not going to get worse:

  • Keep in mind that you must not speak to the police or any investigators until your Los Angeles sex crime lawyer is present. Do not forget that the police will do its best in order to make you confess to any crime, and anything you are going to say will most definitely be used against you. Just politely tell them that you are not going to talk until your attorney arrives. 
  • Even if you have reasons to believe that the case will be dismissed, do not hesitate to hire a qualified as well as genuinely experienced defense attorney. That way you are going to make sure that the lawyer will be able to gather evidence that will prove your innocence. This means finding witnesses that will testify for you and provide you with an alibi. Furthermore, you should be prepared to submit yourself to numerous psychological evaluations as well. 
  • Do not forget to get as much information as possible. Even though the criminal defense attorney will do their best to defend you, you will need to have comprehensive understanding of the process as well. 
  • If you wish to make sure that the case will be dismissed and all those false allegations will go away, you will need to follow all the legal proceedings strictly all the time. This is indeed the best way to go. 

If you are interested in a positive outcome and you are hoping that the case will be dismissed, it is very important, crucial even, to ensure that you have a qualified and genuinely experienced Los Angeles sex crime defense attorney by your side throughout the entire process. Otherwise, you may not be able to prove your innocence at all.

Friday, December 16, 2016

Practical DUI Recommendations That May Save You from Jail Time

If you do not want to get prosecuted for DUI, the very best thing that you could do would be not drinking any alcohol before getting behind the wheel in the first place. Unfortunately, seeing how many DUI accidents occur on the roads and highways all over the nation, it is only obvious that too many people disregard their safety as well as the safety of other individuals around them. Some people do not even know how serious the DUI charges can really be. This is exactly why the law enforcement authorities are not very forgiving when it comes to a drunk driving. If you are caught and charged with DUI, you risk losing your driving privileges, having to pay expensive fines, being required to attend DUI awareness classes, having to install ignition interlock device in your vehicle, getting a new type of insurance and even spending some time in county jail.

With that said, you will be interested in avoiding these severe legal penalties and for good reasons. Well, if you cannot stop yourself from drinking before driving altogether, at least make sure that you are eating well and drinking plenty of water. If you are going to be consuming alcohol without eating anything and without drinking any water at all, you will end up wasted and this will be absolutely detrimental for your driving. That way you will definitely end up in some sort of trouble and will probably be arrested by the police.

Furthermore, in case that you are planning on hanging out with your friends or your loved ones in a bar during a weekend evening, make sure to plan your exit strategy properly before you drink anything at all. It is only natural that the law enforcement authorities will be on high alert during this time. Weekends and holidays are perfect for people, who enjoy drinking with their bodies and the police know it. They practically relocate their precincts to those bars and are waiting for people to get out of those establishments drunk. This is where they catch most of the potential DUI criminals, who intend to operate their vehicles while under the influence of alcohol. Hence, it is very important, crucial even, to park your car somewhere as far from the bar as possible and to get to it on foot. That way you will minimize the risks of being caught sitting in the vehicle under the influence of alcohol.

Finally, do not forget about all the basic things. Even if you are driving under a small influence of alcohol, always remember not to be speeding. Speeding is one of the most common reasons why people are being pulled over by the police. In addition, do not forget to check your tail lights, make sure that they are functioning properly and do not change lanes frantically. These basic rules will help you avoid the most challenging issues indeed.

However, if you were caught by the police and were arrested for drunk driving, the very first thing that you will need to consider would be hiring a qualified as well as genuinely experienced criminal defense lawyer, such as Eisner Gorin LLP, as soon as it is possible. That way, you will be able to make sure you are getting the defense you need to avoid harsh penalties.

Tuesday, November 15, 2016

Taking a Plea Bargain Without Consulting an Attorney First: Is This a Good Idea?

Most people believe that the justice system is specifically designed to protect and serve. Although it is true, one must not forget that nothing is perfect and we are all human beings, so mistakes can be made quite often. At times, people who had the misfortune to be in the wrong place at the wrong time, are being condemned for the crimes that they have never committed. Too many people are in jail and all over the nation for nothing. Furthermore, the prosecutors are very often swift to judge and the defendants are too stressed out to have a valid say in the matter.

With that said, because of all that stress and pressure, people are often prepared to do just about anything in order to relieve the tension and to make it all go away. Hence, some of them are going to gladly agree for any kind of plea bargain that the prosecution is going to offer. Even if it is clearly not a good deal indeed. Well, at times, people, who are completely innocent, are using the plea bargain without even realizing what they are signing. Here is a very clear demonstration. Let us imagine that you, along with your pals are going to a huge party. It is a large event, a great social gathering and things are going great. The music is awesome, your favorite tracks are playing on the stage; the people around you are all friendly and welcoming. Well, the guys want to hit the bar and suggest that you join them. You are not very eager to drink hard liquor and you grab a single bottle of beer instead. Afterwards, you and your friends are all going to dance and have fun, making all sorts of moves. Suddenly, a law enforcement officer approaches you. He claims that you are totally drunk and that your behavior is a clear indication of that. You are trying to explain that you did not drink any alcohol. However, the police officer does not want to hear it – he simply throws away the bottle of your beer and takes you in his custody.

Needless to say, the vast majority of people in a situation like this are going to panic, especially if you never had to deal with the police before. You will be taking to the courtroom. The prosecutor, who views you only as yet another case file, will do his best to get it done quickly. He or she is going to suggest you a plea bargain – you will need to admit that you were drunk and you will only have to pay a small fine. This is why it is so important to have a good San Fernando criminal attorney by your side. Only our skilled criminal defense lawyer Dmitry Gorin will know if your rights are violated, and how to suppress all the evidence for the prosecution.

Eisner Gorin LLP