Tuesday, February 14, 2012

Types And Penalties Of White Collar Crimes

White collar crimes are committed by a person of respectability and high social status in the course of his occupation.” A white collar criminal therefore is a socially and economically sound person who violates the criminal laws in due course of his performing professional qualities. White-collar crime, therefore, overlaps with corporate crime because the opportunity for fraud, bribery, elaborate ponzi schemes, insider trading, embezzlement, computer crime, copyright infringement, money laundering, identity theft, and forgery are more available to white-collar employees. It’s not a victimless crime. A single scam can destroy a company; devastate families by wiping out their life savings, or cost investors billions of dollars.
Types of white collar crimes
    white collar crime
  • Bank fraud
  • Blackmail
  • Bribery
  • Cellular phone fraud
  • Computer fraud
  • Counterfeiting
  • Credit card fraud
  • Currency schemes
  • Embezz1ement
  • Environmental Schemes
  • Extortion
  • Forgery
  • Health Care Fraud
  • Insider Trading
  • Insurance Fraud
  • Investment Schemes
  • Kickback
  • Larceny/Theft
  • Money Laundering
  • Racketeering
  • Securities Fraud
  • Tax Evasion
  • Telemarketing Fraud
  • Welfare Fraud
  • Weights and Measures
Penalties for white collar crimes

The penalties depends upon the crime done by the people, because most of the time it will be a monetary fine, a prison sentence or both. It may go upto the maximum penalties which are quite severe nowadays. Most defendants, however, receive less than the maximum sentence. Courts often follow sentencing guidelines, which may vary depending on the jurisdiction. Defendants without a significant criminal record may be sentenced to probation, a suspended jail sentence or a jail sentence far shorter than the maximum. They may have fines levied against them, and may be required to forfeit any profits or pay restitution to their victims.
In addition to criminal and civil penalties, a person who is convicted of a white collar crime may have difficulty finding employment and face social stigma. Because so many white collar crimes involve deceit or dishonesty, employers may be reluctant to hire an individual who has been convicted of such a crime. In addition, a criminal conviction may prevent a person from obtaining a professional license or be cause for losing such a license.
Because of the consequences of the theft conviction, it is crucial to hire a Houston criminal defense lawyer. Neal has experience and expertise in these types of cases. Many times, he has prevented theft offenses from being charged or has gotten them dismissed or reduced. He is one of the best Houston tx criminal attorneys from the Houston criminal lawyer.

Friday, January 13, 2012

What happens if you break the probation rules?


Probation is a defined period of time during which a convicted person must report to and is supervised by a probation officer. The offender may have to comply with special conditions, such as counseling, no contact with a victim, or even staying out of a certain geographic area. Probation often follows a period of time served in jail. This is called a "split sentence.

How the probation is violated
  • Not paying any required fines or restitutions (to victims) as ordered by a court;
  • Visiting certain people or places, or traveling out of state without the permission of your probation officer;
  • Possessing, using, or selling illegal drugs;
  • Committing other crimes or offenses; and
  • Getting arrested for another offense, regardless of whether criminal or not.

You should attend all the appointment with the probation and try to follow the instructions that were given by the court.

If the particular person skips the appointment then they should get in touch with the particular person and they need give explanations for the skipping the rules. In case if you don’t provide any valuable reason then you will receive a warning in the first instance. If you continue to break the rules you will be taken back to court. Or else if you have valuable reason then you will be ask to provide the proof
probation
  • Give you a more serious sentence
  • Give you a different sentence
  • Make the requirements of your sentence harder (eg increase your Unpaid Work hours)
  • Send you to prison
  • You will be send to community service and you need to attend the rehabilitation
  • Pay large fines or brief time to jail

Hence these are the valuable information’s shared by Houston criminal lawyer Neal Davis. When freedom is at stake, you need an experienced, qualified Houston criminal lawyer dedicated to caring, fighting, and winning and he is the only man who understands the client issues and his main motto is to win the case. His Harris County criminal law firm understands the importance of stopping investigations and cases in their tracks, be it a minor misdemeanor or a major felony. Many times, he has successfully prevented charges from ever being filed or won dismissals. As a criminal lawyer houston texas, he has amassed an amazing trial record. And he has won State and federal criminal appeals. Time is of the essence. Contact http://houstoncriminalattorney.com/ now for a free initial consultation

Tuesday, December 20, 2011

Charges and penalties of drug crimes

The State of Texas and the United States take drug offenses seriously, as reflected in the phrase "the War on Drugs." Drug cases, including cocaine and marijuana, are particularly attractive to police because these cases result in forfeitures as well as government grants. A drug case can be a federal or State case. Prescription drug cases are becoming increasingly prosecuted in State court, particularly in Houston and Harris County, Texas. Whatever the charge, a conviction for a drug offense may carry with it collateral punishment, such as a driver's license suspension.
penalities of drug charges




Types of drug charges

Possession: Possession is defined as the actual care, custody, control or management.

Delivery: It is an offense under both state and federal law to deliver or to have intent to deliver a controlled substance.

Manufacturing: It is an offense under both state and federal law to manufacture a controlled substance.

Conspiracy: One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance.

Methamphetamine: Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe. 

Cocaine: It is an offense to possess or distribute even the smallest amount of cocaine.

Marijuana: It is an offense to possess, distribute or cultivate marijuana.  Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.

Paraphernalia: Paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was intent to use the items to use drugs

types 

Penalties for drugs

  • If you're caught with drugs in your bag, you may be charged with possessing an illegal material, whether it's yours or not you will be responsible for it.
  • If you’re found with a Class C drug and don’t have a criminal records in the police station, you’ll get a formal warning or caution at a minimum. But in extreme situation the punishment may leads to 2 years. If you're found with a Class A or B drug, or have a record of drug offenses, you're likely to face much tougher punishment; because the punishment for the A and B will be five to seven years in prison.
  • If you're under 17, the police are allowed to tell your parent that you've been caught.
  • For selling drugs the punishment may leads to life in prison(Class A) or 14 years(Class B or C)

Hence these are the valuable information’s shared by the Houston criminal lawyer Neal Davis for the precautions. He has skill and knowledge in defending drug cases. Before deciding to open his own Houston criminal law office, Neal was a lawyer for over ten years with legendary Texas criminal defense attorney Dick DeGuerin, where Neal established an outstanding reputation in his own right. At the Houston law office of Dick DeGuerin, Neal defense of drug cases ranging from simple possession to complex conspiracies. Many times, Neal has prevented drug offenses from being charged or has gotten them dismissed or reduced. He has successfully handled forfeitures.

Monday, November 14, 2011

Neal Davis in DUI/DWI Cases

DUI/DWI
A Houston criminal lawyer may stand for someone that has already been arrested for a criminal offense or maybe the individual authorities in prosecuting the exciting party. A Houston criminal attorneys can easily put on a variety of hats, from counseling an individual against a minor traffic infraction to representing a supposed offender throughout a murder case. In this situation Neal Davis has given up his life to defending individuals in all types of criminal cases. Neal has been named to the Super Lawyers list as one of the top attorneys in Texas. No more than five percent of the lawyers in the state are selected by Super Lawyers.

 Neal Davis practice areas are too different from others because he can able to win any type of criminal cases till now. His defense mechanism is the greatest profit for him, because he is an unusual man dedicated to caring, fighting and winning.


He has handled many cases such as Driving while intoxicated, Securities fraud, Misapplication of fiduciary property, Aggravated sexual assault, Tax fraud, Homicide, Juvenile, Federal crimes, Domestic violence, Drug much more.

Few tips given by him in DUI/DWI cases

 It is crucial to hire a drunken driving lawyer, meaning an attorney qualified to handle DWI cases. Neal is the lawyer he has experience and expertise in DWI cases including being NHTSA certified as an expert in field sobriety testing.

 Here are some common challenges to breathe tests in DWI cases:

• The Machine Was Not Properly Maintained

• The Machine Was Not Properly Calibrated

• The Machine Was Not Properly Operated

Alcohol meter• The Machine Was Affected By Radio Frequency Interference (Police Radio etc.)

• The Machine Has An "Acceptable" Range Of +/- .02%

• Your Body Temperature Was Greater Than 98.6

• You Were Tested Within 2 Hours From Your Last Drink

• You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing

• The Officer Did Not Have You Under Continuous Observation For 15 Minutes Prior To Giving You The Breath Test

• Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result

• Manufacturer does not warrant that the Intoxilyzer is fit for any particular purpose

• Residual alcohol in the mouth increased the results

Sunday, October 23, 2011

The Prevailing Defense Attorney Against Criminal Offenses


If you were to be accused of an offense or even in a critical situation, you would need a qualified criminal lawyer to represent you. Your aim is to prove that you are blameless and not responsible of the crime. Being guilty of the crime translates into prison time, which is something that no one wants to have to do, especially if you are innocent. Even the responsible will seek out a great criminal lawyer to prove that they're innocent, even when they are not.

So when you are in risk, you need an experienced, qualified Houston criminal lawyer dedicated to caring, fighting, and winning . . .

In this critical situation of facing a criminal charge, it is crucial to get in touch with an experienced criminal lawyer, such as Neal Davis. Veteran criminal lawyer Neal Davis has extensive experience and he is a most dedicated advocate. He has dedicated his career to protecting peoples and businesses in all types of criminal law matters. He is an excellent lawyer with a quick mind, a healthy contempt for the government, and high ethical standards. Who has proven extraordinary record of success at all phases in all types of criminal cases. He has earned the respect of police. Texas Ranger Joaquin Jackson is a law enforcement legend who was a Texas Ranger for almost 30 years. He has written that Neal is a "damn good Texas lawyer."


Winning Cases
  • Forfeiture
  • State seizure of over $1 million dollars: Money returned.
  • Federal seizure of over $1 million dollars: Court ordered money returned.
  • Some of the pre-charge investigations
  • Federal hate crime, Medicare fraud, Harassment, Indecency with a child: No charges filed
  • Deadly conduct, Engaging in organized crime, Explosive device, Possession with intent to deliver over 400 grams of cocaine and ecstasy ,Marijuana, prostitution, terroristic theft – the case was Dismissed.
Hence don’t wait for an aggressive, experienced legal representation. Contact Neal Davis and lead your life in a happy manner .Call him at - 713-227-4444 any time or Contact him through the http://houstoncriminalattorney.com/contact.html for the free initial consultation.

Thursday, September 22, 2011

Crime Statistics

Crime rates are published each year in a report that looks at both reported and unreported crimes. National, local and street level crime information is now available online

How crime is measured

Crime is measured in two ways:

  • The police keep a record of all crimes reported to them
  • The government carries out a large household survey to ask the public about their experience of crime

Why are both crime measurements needed?
Both methods give a complete count of all crime, and they have different strengths and weaknesses.

Police records cover all crime reported to or identified by the police. This includes both commercial and ‘victimless’ crime (such as possession of drugs) as well as crimes reported by the public. However, only about 40 per cent of crimes are actually reported to the police.

To fill that gap of unreported crime, the crime survey asks thousands of people each year about their own experiences with crime. This means that crimes that are never reported to the police are included. However, the crime survey does not cover commercial crime or so-called ‘victimless’ crimes (such as possession of drugs). Also, because it is a survey of crime victims, it cannot cover murder.

crime statistics
Used together, though, the police records and the annual crime survey form a picture of crime trends in the country. A detailed report covering both measurements is published each year, with brief updates published quarterly.

The justice system where you live

There are several different ways of bringing offences to justice. Many offences result in convictions in court, others are 'taken into consideration' by judges and magistrates when criminals are sentenced for different crimes. Less serious offences are handled outside of courts through cautions, penalty notices (on-the-spot fines) or verbal warnings given by police.

Generally, it's hard to fairly compare the number of crimes reported to police with the number of crimes brought to justice. There are several reasons for that, including:

  • It can take months or years for criminals to go on trial for their crimes
  • One arrest can solve many crimes
  • One crime can involve several offenders

Tuesday, August 16, 2011

Jury Service

jury-service
Jury service is something that some people may be asked to do in their lifetime. Being on a jury is a 'civic duty' and helps decide the outcome of criminal (and civil) trials in a court.
What a jury does
  • A jury decides whether someone is innocent or guilty of committing a serious crime - like murder, rape, burglary or fraud.
  • You may be asked to be on a jury at a civil trial - like a personal injury case.
  • A jury is made up of 12 members of the public, randomly selected using the electoral registers.
When you can’t be on a jury
  • Ever had a prison or youth custody sentence of more than five years
  • Have been in prison or youth custody for any length of time in the last ten years
  • Have or have had a mental health condition or mental disability
Being asked to do jury service
  • If you're selected for jury service, you’re sent a 'jury summons'. This tells you the time and date you need to be at court.
  • You must complete and return it to the Jury Central Summoning Bureau within seven days from the day you get it.
  • You’re then sent details of how to get to the court and what to expect once you're there.
How long jury service lasts
  • Jury service usually lasts for up to ten working days.
  • Many trials last only two or three days, so you may be on a jury for another trial.
  • If a case is complex (like fraud) it could take longer than ten days. You’re asked at the court if this would cause you any difficulties.
Asking to be excused from jury service
  • If you can't do jury service at any time during the next 12 months you must state the reason on the form. You’re normally asked to give evidence - like a letter from your doctor about a medical condition you have.
  • If you have served on a jury within the previous two years you have a right to be excused.
Childcare costs - or if you're caring for someone
  • You can claim for child minding costs from the court if:
  • You don't normally have a child minder but need one because of jury service (it's not part of your usual childcare arrangements)
  • You do normally have a child minder but need them for more hours than usual because of jury service
The same applies if you need to employ a carer to look after someone you normally care for.

Claiming loss of earnings and other costs
  • Jury service is unpaid but you can normally claim an allowance for certain things up to a certain amount. This includes travel costs and loss of earnings.
  • You make a claim at the end of the period of jury service. On your first day, the jury manager explains how to claim your expenses.
  • Financial support and benefits (like Jobseeker's Allowance) are unaffected for the first eight weeks while on jury service.
If your jury service lasts longer than this, contact your local Jobcentre Plus office. You can also contact the court for advice.