Bail turns out to provide a fair amount of entertainment value if you look at the movies, TV shows and mystery novels around the subject of setting bail and catching those who skip town. There was even a 2004 TV series, Family Bonds, devoted to a New York family running a bail bond service. The greatest fictional criminal defense lawyer of all time, Perry Mason, was brilliant getting his clients released without bail or with a much reduced bail, to the DA’s perpetual consternation!
Thursday, May 27, 2010
Understanding the Bail Process
Thursday, May 13, 2010
Have You Been Charged with a White Collar Crime in Florida?
White-collar crimes are those “committed by a person of respectability and high social status in the course of his occupation.” That original definition by sociologist Edwin Sutherland still holds. Given that occupation affects opportunity, white collar crimes overlap corporate crime. Among them are fraud, bribery, insider trading, embezzlement, computer crime, identity theft, forgery, and more.
- Deal with law enforcement on your behalf
- Create an effective defense strategy
- Assist you BEFORE white collar crime charges are filed
- Make every effort to resolve your case without a trial
- Find alternatives to serving prison time, where legally possible
- Getting the charge(s) against you dropped
- Arranging a plea agreement in which you plead guilty to a lesser charge and/or agree to cooperate with an ongoing investigation
- A less harsh punishment
- A strong, effective defense in court
Monday, April 26, 2010
Tips on Being Audited
- Don't offer more information than you have to
This is the golden rule for being audited. You don't want to make the auditor suspicious … and even the most well-meaning people will start to sound nervous, and therefore guilty, when there is an auditor going through their intimate financial details! - Only bring what is requested on the original audit notice
That way you can’t be pressured into providing additional information that may not be legally searchable, simply because it is already there. Leave it at home if it isn’t on the audit notice. - Never ignore the notice
Being audited is right royal pain. Never ignore the notice though, as easy as it feels to just stick it in the bottom of your pile and forget about it. - Have your records well-organized
If you need help from an accountant or criminal attorney to do this, get it. Making things as easy as possible for the auditor will definitely endear them to you, and could help them overlook things that are in a gray area. - Only give copies to the auditor
There aren't any cases where the IRS will need original documents from you … and if you lose a necessary original and a case later comes to court, your criminal lawyer will have a hard time proving your case. - Have your explanations ready for red flags
Be aware of what will raise suspicions with auditors, search your memory and remember exactly why you did things that way. This applies if you have low income but a lot of deductions, excessive home office deductions, a substantial increase in income, or big meal and entertainment deductions, for example.
Wednesday, March 10, 2010
Federal Criminal Defense Attorney
Hiring an experienced criminal defense attorney means the difference between freedom and life changing forever. Facing white collar criminal charges or being wrongly accused of a crime can affect your professional reputation, social status, assets, finances and your family for the rest of your life. There is no sense in taking chances with attorneys who claim to be the best and have nothing but your best interest in mind when you have a top Florida criminal defense attorney who has been protecting individual’s rights for years. Serving a vast part of Florida such as Fort Lauderdale, Miami and West Palm Beach you can be sure that your future and the future of your family will be protected. Representing white collar professionals such as bank officers, CEOs, other attorneys, stockbrokers, physicians and other trade professionals -- you hire experience and reliability when you find this Florida law firm.
Thursday, February 18, 2010
Trade Secrets versus Ordinary Patent Law
Trade secrets are a method of protecting highly valuable information, to a much larger degree than a patent. While patent violations are seen as almost a trivial matter by many (although admittedly, not by those whose patent was violated), trade secret violation cases usually get a lot of press and attention. Today we look at trade secret law in depth and criminal lawyers explain the differences between trade secrets and ordinary patents.
- That the information is not common public knowledge, or common knowledge within the business's industry
- That the information has demonstrable financial value
- That the information has been protected and maintained as confidential by its owner.
- Marking any documents that hold the secret as confidential
- Restrict the copying of confidential documents
- Requiring employees with access to sign confidentiality agreements and non-disclosure agreements
Criminal lawyers sometimes do not recommend that very valuable information be protected as a trade secret rather than with a patent. When reverse engineering is a possibility by a competitor, a patent may be a wiser choice.
Wednesday, February 10, 2010
Business/Corporation Involvement in White Collar Crime
- Monitor - Monitor all appropriate records -- conduct internal audits of any records that have a legal ramification. For example, financial records, occupational health and safety records, etc, should all be checked internally to uncover problems before the law does.
- Implement - Appropriate compliance and regulatory mechanisms in a business. Obviously the specific nature of these will vary vastly, but a criminal lawyer or business consultant can help determine them.
- Listen - for any rumors ore reports of illegal activities by employees and investigate them appropriately. In many cases, managers tend to take a 'not my problem' attitude to reports of criminal wrongdoings by staff. They don't realize the impact it can have on the business itself.
Sunday, January 17, 2010
The Law and You: Federal Environmental Law
Thursday, January 7, 2010
The Law and You: Tax Evasion versus Tax Avoidance
- What you spent the income on; if it was for business purposes or a charitable donation, you avoid paying tax on that income -- but this is obviously legal
- The country you derived the income from
- Transferring assets to another jurisdiction
- Changing the structure of legal entities
- Failing to report income -- being paid in cash
- Claiming deductions which are not authorized, in the hope they will not be investigated
- Claiming personal deductions as business expenses, or vice versa
- Falsely claiming charitable contributions
- Overestimating the value of property donated to charity
- Underestimating the value of assets that have been received
Monday, November 30, 2009
Tips from Criminal Attorneys: Can They Search Me?
The Basics
The overarching guideline for fairness is that police can search you and your property, and also seize your property with or without a warrant, if the circumstances justify their actions. They need to have probably cause, and stay within constitutional limitations. However, in a situation where they feel it would be your word against theirs the lines can become blurred. Your criminal attorney can help retrospectively, but you can help yourself proactively.
Tip #1: Draw attention to yourself
If police feel that there are witnesses around (especially witness that aren’t related to you), they are more likely to act fairly to begin with. Shout "Hello! Can you come over here please?" to a stranger passing by, and if you have friends around, make sure they are with you.
Tip #2: Cellphone savers
An easy way to keep a record of what is said is to call your home phone from your cell, and put your cell on loudspeaker. While police don’t necessarily have the power to stop you doing this, it would be wise not to call attention to it. Your criminal attorney may be able to use the conversation in court, if necessary.
Tip #3: Consider the implications of false denials
If you are found to have something illegal in your possession, your best bet is to remain silent, as the movies and television have taught us so well. If you deny that something is yours, it raises the question of who it belongs to - and may start trouble for your family and friends.
Tip #4: Resist verbally, not physically
If you state verbally, loudly, that you do not agree to be searched, the police cannot "accidentally" slip their hand in your pocket while doing a (legal) patdown, and find anything you would rather not have to explain. They must have probable cause to search you -- if you don’t believe they do, then object to the search so that everyone around you can hear. Never physically resist, or your criminal attorney will have much more work to do for little gain by you.
Naked Short-Selling - Stock Counterfeiting
In decades past, stock counterfeiting had to be done with paper and ink, and a dab hand at forging signatures. Now that electronic means of administering the stock market dominate, it is actually much easier to counterfeit stock. This is a common method that Florida criminal lawyers see.
Naked Short Selling
There is a three-day leeway between the payment of a stock by the buyer, and its delivery by the broker. The money is paid, a Securities Entitlement for the amount of stocks purchased is put into the buyer's account, and the broker collects his commission. However if the stocks aren’t available, on day 3 the broker is supposed to remove the Securities Entitlement from the buyer's account and refund the commission and the purchase price. Simply failing to do this, and acting as if the Securities Entitlement is real and valid, is known as naked short selling.
Relatively common -- but illegal
Obviously, this is a form of fraud and theft, and as such is illegal practice. However, many brokers continue to do it, because if the buyer wants to onsell those stocks, they can hardly be told at the point of sale that they aren’t real. Another unwitting buyer is dragged into the loop, and while there is no loss on the broker/trader side of the fence, there is plenty on the investor side.
Investors protecting themselves
Investors would become subject to criminal charges also if they onsold this stock - a situation that most would consider extremely unfair. However, in some cases courts have determined that the original buyer (and attempted seller) is at fault, because of a lack of due diligence on their part. To avoid needing a Florida criminal attorney for an act you had no idea was wrong, always check for a corresponding book-entry share in the DTC's ledger.
Thursday, November 19, 2009
There When You Need Them
My son and four of his friends spent spring break in Miami and while they were there they got into some trouble with the law. He was arrested and was being held in a Miami jail. The first thing I did was contact a criminal lawyer to take the case and get my son out of jail while he waits for trail. Thankfully the criminal attorney I picked was very wise and very helpful. I wired him the retainer and within four hours of getting the case my son was out on bail.
Monday, November 2, 2009
When You Need a Criminal Lawyer
Here's a scenario we hope no one reading this will ever experience: a highly respected professional, perhaps an accountant, finds himself suddenly in need of a criminal attorney. He's been arrested for a white-collar crime and has no idea what's at stake. Let's look at the ways, without representation by an experienced criminal lawyer, the life of a respected professional can be devastated.
As a Fort Lauderdale criminal lawyer, my office has seen some very difficult circumstances surrounding white collar prosecution. Whether or not they're convicted, professionals such as corporate executives, physicians and accountants can find their reputations ruined and assets seized long-term without the proper representation.
Not the least of the potential damage is to one's professional reputation. Consider for a moment the news-hungry, 24-hour-a-day environment in which today's media operates. Even local media outlets are fed by international news sources, making news of an alleged crime widely accessible. It's easy to see why having a highly-competent criminal attorney, well-versed in white collar criminal defense, is essential to help protect your public image.
Another huge factor that impacts professionals accused of financial crimes is seizure of assets. Each state has its own statutes pertaining to seizure of assets believed to be gained by the commission of a crime, with underlying federal law supporting them. And it may surprise you to know that it's quite simple for a law enforcement agency in most states to obtain the legal documents necessary to seize assets such as homes, vehicles and cash they believe were the result of your alleged criminal activity.
Experience as a Miami criminal attorney has made me privy to cases in which law enforcement personnel far overreached the legal boundaries of asset forfeiture or seizure, however, and the civil process by which those assets are returned can move slowly.
The biggest risk in such a situation is, of course, the possibility of imprisonment and financial penalty. Whether or not you actually committed the crime of which you might, hypothetically, be accused, you would be guaranteed by our country's founding documents a "vigorous defense" before being penalized.
Here in Florida, that would mean being represented by a West Palm Beach criminal lawyer, for example, who knows how to make sure your rights are protected. No matter what your location, finding that type of representation is essential.
I hope you never experience any of the above, but if you do, don't hesitate to secure the services of a criminal attorney experienced in the defense of white collar crimes prosecution. Having an experienced advocate to ensure your rights are upheld and damage to your reputation mitigated can make all the difference in whether your life as a respected professional is devastated or restored.
Wednesday, October 21, 2009
Money Laundering Case Study: Eddie Antar
Thursday, October 15, 2009
Effective Legal Representation from David J. Joffe
When a person gets into legal trouble, many negative things result which can ruin someone’s life, reputation, business or family and help is needed. It is never easy to find reputable and expert legal representation unless you know someone who works in the legal field. For those who do not have this advantage, finding a good attorney can be frustrating.
The person who represents themselves in court has a fool for client, or so the saying goes. An attorney like David J. Joffe gets results whenever the need for expert legal representation is needed. He is an attorney well versed in dealing with a wide array of legal issues such as white collar crime or federal criminal issues and has the experience to get the job done.
As a Miami criminal lawyer, Mr. Joffe has represented clients from various professions and walks of life. He has handled serious business matters in both state and the United States federal court system. Mr. Joffe has personally handled more than 200 federal criminal cases which makes him an asset when the chips are down and a skilled legal representative is needed.
Other types of cases this Fort Lauderdale criminal attorney has handled include tax related crimes, fraud, money laundering, public corruption, criminal extradition, conspiracy, SEC violations, asset forfeiture, drug possession, theft, racketeering and is admitted to practice before the United States Supreme Court. He is licensed, knowledgeable and an expert in his field, bringing a level of professionalism unsurpassed and a reputation built on getting results for clients.
Mr. Jofee is ranked as an “AV” by Martindale Hubbell Bar Register which is one of the most prestigious rankings an attorney can have. His AV rating is a career accomplishment and a testimony to the fact that he is well-respected and adept in his field of profession. Having such a skilled attorney working hard on your side gives his clients peace of mind and reassurance of his capability and expertise.
From his past history of representing doctors, stockbrokers, trade professionals, bank officers, CEOs and other attorneys, David J. Joffe is a name that can be trusted to provide each client with the best possible outcome. Bringing a wealth of skill and expert representation allows Mr. Joffe to represent each client to the best of his ability and proves he can help in most any type of difficult and complex legal problem. When looking for a good Miami criminal attorney, look no further than David J. Joffe.