Scott C. Brown Law OfficeWheeling Criminal Defense Attorney | DUI Lawyer Scott C. Brown Law Office2023-11-29T06:16:31Zhttps://www.scottbrownlaw.com/feed/atom/WordPressOn Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474722020-08-06T18:06:20Z2020-08-06T18:06:04ZFactors influencing fraud penalties
The Federal Deposit Insurance Corporation discusses penalties related to fraud crime convictions. These penalties often involve hefty fines and decades of potential time in jail. The severity of the penalty often depends on several factors, including:
If the crime is a felony
If you were working alone or as part of an entity
How many people or corporations claim victimization
The amount of defrauded assets in question
Fraud convictions have lasting impacts
For example, mail fraud is a felony crime. If convicted of mail fraud, you face up to 20 years in jail. What if the plaintiff accuses you of taking advantage of a situation of national emergency? You can face up to 30 years in jail. Also, you face a fine of up to $1,000,000. You may also face this fine if convicted of fraud targeting a financial institution. What if you use wire communication to further a fraud crime also nets hefty penalties? You face up to 20 years in jail.
Any form of fraud targeting or involving a bank will result in a fine of up to $1,000,000. Obstructing the examination of a targeted financial institution can cost you, too. You may get up to 5 years in jail and a fine. Thus, most fraud convictions result in decades of potential jail time and devastating fines.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474672020-07-31T18:40:58Z2020-07-31T18:39:57ZYou applied for a promising job with an employer in West Virginia, and you recently got a call for an interview. You have the chance to show what makes you a great candidate, but you also have the chance to show why you have a felony on your record.While your criminal past does not have to prevent you from landing a job, it presents a unique obstacle. Learn how to explain your record to employers to help show that you are not a risk.
Be honest
One of the most essential steps is being honest about your felony. Understandably, you may feel ashamed and anxious, but the employer is likely to find out about your past after running a background check on you. By revealing the information voluntarily, you gain control of the narrative.
Get specific
Avoid being vague when describing your felony and its impact. Are you on parole? What do your charges mean? How long were you imprisoned? Also, mention how many convictions you received.
Spin it
Touch on how your felony changed you for the better. Have you learned to take responsibility for your actions? Do you have a deeper understanding of yourself and other people? If you learned anything in prison, be it life lessons or a skill, mention that. How could your experience make you a better employee and asset to the company in ways other applicants cannot bring to the table?
Share changes
Share with the employer the steps you take to improve your life and ensure that you never see the inside of a prison cell again. Focus on life improvements made since your release.You do not have to let your felony act as a burdensome weight during your job search. Use these tips to show you are aware of your mistakes and want to rectify them.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474622020-07-29T07:33:14Z2020-07-29T07:33:13ZDefining embezzlement
What is embezzlement? Simply put, it is a white-collar theft crime in which a person in a place of trust or who has substantial control over another’s funds or property fraudulently takes it in order to either keep it for themselves or unlawfully transfer it to a third party. Substantial control is often a factor in embezzlement of an employer’s assets by an employee.
Embezzlement can take various forms. Sometimes small amounts of funds are misappropriated over a long period of time, in hopes that these amounts will go undetected. Other times, a large amount of funds will be taken all at once. Under-reporting income and keeping the difference is also a form of embezzlement.
Tax evasion and embezzlement
In addition, the Internal Revenue Service (IRS) could charge a person with tax evasion if the person does not include embezzled funds as gross income on their tax returns. If a person does report the funds on their tax returns and then later returns the funds to their rightful owner or pays restitution for the crime, then those funds may be deducted on their income tax return.
Seek help when facing embezzlement charges
Ultimately, embezzlement may occur as a one-time lapse of judgement or it may be a calculated endeavor. However, the consequences for embezzling funds in West Virginia can be severe. For this reason, if you are facing embezzlement charges, it is important to seek the assistance of an aggressive yet compassionate attorney who understands West Virginia law on embezzlement and can provide sound legal advice.
]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474572020-07-22T18:41:28Z2020-07-23T18:40:06Zconspiracy charges, you may be unsure of what exactly that means and what the penalties are. The truth is, a court may charge you with conspiracy, even if no crime occurs.
Simply put, a conspiracy charge is appropriate when you conspire with one or more people to commit a crime, and then take active steps towards committing the crime. Even if the steps you take themselves are not illegal, the act of initiating a plan to commit a crime qualifies as a conspiracy.
Intention as a primary component
Simply associating with people who commit crimes does not make you a coconspirator. What does, however, is agreeing to commit crimes with those people. A conspiracy includes a combination of intention plus action towards an illegal act.
For example, you are not a coconspirator if your friend tells you that he or she is going to rob a bank. If you rent a car to help them complete the act, that is when you become an accomplice. Talking about renting the car still will not qualify as a crime until you put action forward to make the plan a reality.
Penalties for conspiracy charges
According to FindLaw experts, conspiracy charges may earn you up to five years in prison. If the crime you conspire to commit is a misdemeanor, your punishment is generally less severe than if it is a felony.
Conspiracy charges are not an either-or situation and may coincide with charges for the crime itself if you go through with it. This will earn you separate sentences and penalties for each offense.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474522020-07-21T16:56:30Z2020-07-21T16:55:30Zconspiracy is an agreement of two or more people to participate in illegal conduct. Some laws require that the prosecutor has concrete evidence that at least one of the people involved in the scheme took overt action to complete the crime.
Conspiracy elements
The crime of conspiracy addresses the dangers posed to society when people get together for the purpose of committing a crime. Prosecutors must have evidence of the following elements before bringing these charges.
There is an agreement for a particular illegal activity
The agreement involves two or more people or organizations
The intent includes defrauding the U.S. Government or violating federal law
One or more overt acts move the scheme forward
Conspiracy penalties
The Federal Law Enforcement Training Centers state that conspiracy to commit a crime and the crime itself are separate charges. For a felony offense, the maximum fine is $250,000, and the maximum prison sentence is five years.
There are dozens of state and federal conspiracy statutes. Because of the broadly defined conspiracy laws, investigators can find and prosecute the brains behind a criminal plot. Circumstantial evidence may establish the agreement and encompass a variety of alleged participants who benefit from the illegal activity.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474472020-07-13T20:27:50Z2020-07-13T20:26:49ZStalking and bullying
Young people face various charges related to internet activity. Sometimes, people are charged with cyberstalking, such as someone who harasses their former boyfriend or girlfriend. Many people are also accused of cyberbullying and these charges are also very serious, depending on the situation. For example, some people who claim that cyberbullying caused them to harm themselves are able to virtually destroy the lives of others (even if the claims are exaggerated or untrue).
The impact of cybercrime cases
For a young person, these charges can create financial problems, emotional trauma (depression, anxiety, etc.) as well as problems related to one's job and employability in the future. Moreover, these allegations often interfere with school and even threaten a teen's ability to attend a particular college, for example. Review our site for more on handling charges related to online offenses.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474422020-06-29T22:34:15Z2020-06-29T22:33:44ZThe consequences of drug charges
When someone is charged with a drug offense, there are a number of concerns. Sometimes, one loses their job as a result of the charges they are facing, while others face difficulties related to child custody or problems in their relationships. Moreover, drug charges often result in time behind bars and haunt people years down the road. For all of these reasons, it is imperative to understand all of your options with regard to fighting drug charges and defending yourself.
Protecting your future
Unfortunately, some people who are struggling with drug addiction find themselves in a far worse position as a result of charges. Those attempting to recover from addiction sometimes have even more difficulty moving forward because of high levels of stress and depression. Make sure you have a comprehensive understanding of your legal options and spend some more time on our website if you would like to read more about the consequences of drug charges.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474372020-06-25T18:00:59Z2020-06-25T18:00:26ZInsufficient evidence
According to Abraham Lincoln University, a lawyer may argue that the officer did not have probable cause or enough evidence to make an arrest. For an arrest, the officer must evaluate a number of factors, such as driving and driver observations, breath test results and field sobriety tests performance. If any of these was missing, there may be a dismissal of the case.
Illegal traffic stop
An officer must have a valid reason to stop a vehicle. This reason, such as erratic driving, might relate to the DUI, or it might not relate, such as for a burnt-out tail light. There may be a dismissal if there was an unconstitutional seizure.
Breath and blood test inaccuracies
There can be numerous issues with the breath and blood tests. Common arguments for the breathalyzer include instrumentation inaccuracy, rising alcohol and medical conditions such as type 1 diabetes. Defense methods for the blood test include specimen collection, preservation and analysis.
Alternative defenses
According to FindLaw, a defense attorney may also use some alternative tactics to argue the case. These include:
Duress
Necessity
Mistake of fact
Entrapment
Involuntary intoxication
Lawyers use these tactics less often than the more common methods of defense, but there are circumstances in which they are effective arguments.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474322020-06-23T17:48:03Z2020-06-23T17:47:58Zhow drug courts operate and what the goals of drug courts are.
Components of drug court
If a defendant is eligible for drug court, the court will identify him or her early on for the program. Drug courts provide intense treatment options for those with drug and alcohol abuse problems.
Throughout the process, the defendant must undergo evaluations, drug testing and monitoring to ensure that he or she sticks to the treatment and rehabilitation provided. All drug tests are random and mandatory. The purpose of random drug testing is to discourage drug use at any time. Courts can use incentives or sanctions to alter a person’s behavior. Every drug court participant must have ongoing interaction with the judicial system.
Drug courts are most effective with support from communities and other drug courts. If there is local and community support, it is generally easier to have an effective drug court.
Goals of drug court
Research and evaluation show that drug courts are effective in reaching their goals. The objectives of drug courts include:
Crime reduction
Family restoration
Money savings
Reduced substance abuse
The criminal justice process is expensive. When drug cases overload the system, it is not only expensive but drug abuse fills jails with nonviolent offenders. Drug court relies on rehabilitation. It takes offenders and helps to shape them into rehabilitated members of society.]]>On Behalf of Scott C. Brown Law Officehttps://www.scottbrownlaw.com/?p=474292020-06-19T11:00:37Z2020-06-19T11:00:24ZDUI charges they are facing.
Breathalyzer tests may be challenged if:
The breathalyzer test was not properly maintained or calibrated – breathalyzer tests must be routinely maintained and calibrated according to a set schedule to produce reliable results. If this was not done, it may call into question the reliability or accuracy of the breathalyzer test results.
The breathalyzer test was not properly administered – breathalyzer tests must be properly administered according to the training the police officer has received. It is important that police officers administering breathalyzer tests are properly trained to do so and administer any test in accordance with that training they have received.
The accused driver’s bodily fluids interfered with the test – breathalyzer tests results may be unreliable if the accused driver’s bodily fluids interfered with the test results such as if the accused driver vomits when the breathalyzer test is being conducted.
Because a breathalyzer test can form the basis of drunk driving charges, it is essential for accused drivers to know how to question the reliability and challenge the accuracy of a breathalyzer test upon which their criminal charges may rest. Preparing a strong DUI defense can be the difference between jail time, fines and license suspension or not so it is helpful for accused drivers to be familiar with their criminal defense options when facing accusations of driving under the influence.]]>