Saturday, July 24, 2010

False Statements and Criminal Defense

If a person is accused of a crime, he or she may be unaware of his or her legal options following an arrest or filed charges. Immediately following notification, the person may not know where to turn for help or how to defend themselves against charges that are being brought against them.

While most people are aware that they have the right to defend themselves in a court of law, many do not understand how serious criminal trials can be. It is essential to note that making false statements to police or during trial can have severe consequences later on. When it comes to criminal proceedings, it is important to be truthful and not attempt to conceal any evidence or details, especially when it comes to speaking in front of a judge or jury.

If you are accused of making false statements, the individual accused may face additional criminal charges on top of those that he or she is already facing. Persons who are called in to testify may also be charged with making false statements if they try to conceal any details from the investigators or the court.

Actions that may warrant criminal prosecutions may include:


  • Incorrectly identifying oneself

  • Intentionally misrepresenting oneself to gain advantage of a situation

  • Making fraudulent statements

  • Using or creating an intentionally fraudulent document

People who attempt to gain advantage over others by falsely identifying themselves, or by misrepresenting their intentions may be charged with making false statements. In addition, the use of fake contracts, forged identification, or other fraudulent items may also be reason for prosecution.

If you are charged with a crime, it is important to remember that you have rights under the law and are presumed innocent until proven guilty. You do have options for defending yourself against criminal charges and are allowed to present your side of the case. By consulting an experienced criminal defense attorney, people who are accused of felonies and misdemeanors may bring in evidence, submit testimony, and bring in witnesses to defend their actions.

When it comes to false statements, it is important to remember that misrepresenting yourself in order to commit a crime can be a serious charge. It is important to defend your rights and your livelihood if you have been wrongly accused of such a crime. For more information on false statements and criminal defense, visit the website of the Austin criminal defense lawyer Ian Inglis. 




Joseph Devine

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Friday, July 23, 2010

Mass Marketing Fraud

Mass marketing frauds are often considered to be white collar crimes involving the use of media for mass-communication such as the internet, mailing, and telemarketing. These crimes often use deceitful tactics to scam money from consumers and it is estimated that millions of Americans fall for mass-marketing schemes each year, resulting in the loss of millions of hard-earned dollars.

Mass Marketing Fraud is considered a white-collar crime because it often involves little or no violence toward the victim. Instead, such schemes are carried out with the confidence of the victim that a good or service will be delivered. This type of fraud depends heavily on the trust of the victim and the exchange of money before anything of value is delivered. Unfortunately, many victims of mass marketing frauds never recover the money that was stolen from them.

Types of Mass Marketing Fraud

Advance fee schemes are the most common types of mass marketing fraud. Advance fee schemes often involve victims who are encouraged to submit payments for goods or services up-front and wait for delivery. This type of scheme often comes in many variations and often relies upon extreme confidence on the part of the victim. According to the F.B.I., some commonly recognized examples of advance fee schemes are:

o Nigerian Letter Fraud - Victims are told of large amounts of money in foreign accounts that need to be transferred to the U.S. The victim is often told that he or she will only need to act as an "agent" of transfer for the funds in question and will receive a "fee" for simply securing the release of said funds. The victim is often provided a counterfeit check to pay for the promised fees, and once they return actual funds to the scam artist, they often find themselves accountable for cashing a counterfeit check.

o Overpayment Scams - Common overpayment scams involve eBay, Craigslist, and other websites that individuals use to sell goods. Victims are often contacted by an interested "buyer" who offers more money than the advertised price of the item. The seller is usually sent a counterfeit check and is asked to return the remaining balance (minus some "bonus fees") to the buyer. The seller usually discovers that he or she has been given a counterfeit instrument only after sending money back to the fraudulent party.

o Sweepstakes Fraud - This type of fraud plays upon individual's belief that they have won a prize, sweepstakes, or lottery of some sort. They are often informed that they are a sweepstakes winner and must pay up-front fees to collect their prize or winnings. Once the victim has sent remittance, they often find there was no contest at all.

For more information on mass marketing fraud or white collar crimes, visit the website of Austin criminal defense attorney Ian Inglis.




Joseph Devine

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Friday, July 16, 2010

Criminal Forfeiture

If a person commits a crime, he or she may face criminal prosecution, fines, jail time, and may even lose property due to the criminal act. In some cases, the state may claim property that has a direct relation to the criminal activity. The taking of property by the state is referred to as "criminal forfeiture, and the exact rules regarding such action is usually determined on a state-by-state basis.

Property that is used in the commission of a criminal act or is obtained through criminal activity may be subject to forfeiture. A common example of property that may be seized because of use in a crime may be a vehicle that was used in a robbery or vehicles used to transport drugs or illegal goods. In such cases, the state may take possession of the vehicle, impound it as evidence, and may eventually be able to sell it at auction.

If a person obtains property like a home or land with the funds from an illegal enterprise, law enforcement may seize the property and count it under forfeiture laws. Although the person may have never used the home to plan or execute crimes, the state may determine that the property was acquired with proceeds from the sale of drugs or other criminal enterprise. Much like vehicles, the property may eventually be sold by the state at auction.

It is important to note that some states may consider the act of drunk driving to be an offense worthy of criminal forfeiture. In a case that involves driving under the influence, the judge may determine that the vehicle should be forfeited due to the defendant's negligent actions.

Although some individuals may argue that their actions should not put their property at risk, it is not uncommon for the authorities to remove property if there is reasonable cause that it was used in the commission of a crime. Business owners suspected of using their business to conceal illegal activities, launder money, or "front" criminal enterprises may find their right to do business in that location taken away.

Criminal forfeiture may severely affect the family of the defendant. Family members may be completely unaware of the illegal actions committed by their family member, yet they may be subject to eviction and loss of personal belongings if the court finds that the possessions were purchased with proceeds from a crime. This may leave "innocent" family members without a place to live, transportation, and valuables that they did not know were gained through unlawful means.

If you have been accused of a crime, you have the right defend yourself in a court of law. In cases requiring criminal forfeiture, the state will often give the defendant notice of the property to be seized. If you would like to know more about forfeiture and criminal defense, visit the website of the Austin criminal defense attorney Ian Inglis.




Joseph Devine

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Thursday, July 15, 2010

Art Acevedo on the Alex Jones Show 1/22/2009 - Part 2 of 5

Austin Police Chief Art Acevedo on the Alex Jones Show 1/22/2009 www.anomalytelevision.com www.prisonplanet.tv www.infowars.com



http://www.youtube.com/watch?v=EEcELUTgnDI&hl=en

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Wednesday, July 14, 2010

Houston Criminal Defense Attorney Types of Cases

Attorney Mario Madrid talks about the different types of criminal cases he handles. Madrid, Martinez & Associates handles all criminal charges including DWI, DUI, Drug Crimes, Theft, Robbery, Burglary, Assault, Domestic Violence, Sex Crimes, White Collar Crimes and more. You can contact Mr. Madrid at www.mmalaw.com or 800-724-1876.



http://www.youtube.com/watch?v=DTx4TNc-mHw&hl=en

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