Monday 10 February 2020

Three Biggest White Collar Crimes Committed in the Last Two Decades

White collar crime, although sounding less serious than other types of crimes, can cause serious damage to the national economy and individual financial stability. Due to the higher stakes involved in the crime, most offenders receive severe punishments that involve prison time as well as steep fines.


This write-up focuses finding some of the biggest crimes involving the white collar offences:

1.    Enron

The Houston-based agency sold a host of services to people all over the world. During the last decade, the corporation faked energy shortage to drive up the cost of electricity. They lied about their annual profits, and committed accounting scams to stabilize their stock prices. During the investigation, the company was found guilty on several charges. The CEO and chairman, Kenneth Lay, was sentenced with life imprisonment but died before his scheduled sentencing. Previous CEO of the agency, Jeffrey Skilling, was convicted for insider trading, making false statements, and multiple security frauds.

2.    WorldCom

WorldCom, once a big long-distance calling and Internet business corporation, met its fall after reports of misstating profits and accounting practices cropped up. The executives duped the investors regarding profits and filed for bankruptcy. The CEO, Bernard Evers, was convicted on the grounds of fraud and making false statements.

3.    Jack Abramoff

The Native American tribes paid close to $20 million as payment to former Republican lobbyist, Jack Abramoff, for lobbying congress regarding gambling casino rights. In some cases, he even worked backdoors to shut down the Native American casinos, as in such events the Native Americans would have to pay him more for lobbying.

If you have been accused of the white collar crime, then you might be facing decades in prison and thousands of dollars in fine. You can get experienced lawyers from the Bernstein, DeCailly & Marshall, PLLC to help your with representing you in the court. For more information, visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

Thursday 23 January 2020

Classification and Range of Punishment for Violent Crimes in Florida

In Florida, those criminal offenses which involve force and brutality are considered violent crimes. Along with it, a crime that entails the threat of violence or force (even if the intimidation was not carried out) falls under the preview of Florida violent crime. In simpler terms, violent crime covers a wide-ranging offense starting from assault (both sexual and non-sexual type), rape, simple or aggravated assault, murder or robbery.

Usually, violent crimes occur in either way:

1.    When violence is the prime objective of the offense
2.    Violence has been the way to end a situation

For instance, in a murder scheme - violence is the prime objective – when stabbing someone. However, killing someone as an end of an event like robbery would also be considered a violent crime in the state.


Classification and range of punishment for violent crimes

Depending on the nature of violent crimes, the offender might be awarded serious punishments including fines, prison time, or a mixture of both. For more serious offenses, the accused might receive the death penalty as well. In Florida, the crimes are rated in degrees – with the first degree offenses bringing on thirty years of maximum punishments.

Some of the serious crimes that bring in harshest punishments are:
  • Aggravated Assault
  • Manslaughter
  • Murder
  • Terrorism Charges
  • Vehicular Manslaughter
  • Kidnapping

Death penalty

 
Under the following circumstances, the defendant might be awarded death penalty:
  • The defendant has been charged with either felony murder or first-degree murder
  • Drug trafficking
  • Sexual battery

The lawyer from Bernstein, DeCailly & Marshall, PLLC has represented people accused under Florida violent crime. If you or someone you know is looking for such lawyers, then they can be reached http://bdmcriminallawyers.com or call them at 1-833-3BDMLAW.

Friday 3 January 2020

Attorneys Who Cannot Practice As Pro Hac Vice Lawyers in Florida

Pro hac vice is a legal term that means "for this event" or ‘for the given occasion’. Under this provision, the lawyer can participate in a case out of his jurisdiction. Ironically, under this provision a lawyer can fight a case in almost every American jurisdiction; however, the civil law is usually stricter laws set up for multi-jurisdictional practice.


Usually, the out-of-state lawyer has to submit the following documents, duly filled, to the state court where the case has to be submitted:

1.    Court case number and name
2.    Name of the Court where the case will appear
3.    Declaration by the Pro Hac Vice attorney duly signed with their name and other credentials
4.    The bar licensing status of the lawyer in their licensed region

Along with these documents, the lawyer must upload the hearing related documents as well as the case record for reference purposes.

Lawyers who cannot practice as out-of-state lawyers in Florida

According to Florida Bar’s rules, following lawyers are barred from practicing as out-of-state attorneys,

1.    Lawyers suspended or disbarred from practicing in any given area
2.    An associate of Florida Bar Association but not qualified to practice law in the state
3.    The person who has been disciplined in the past for their conduct or was held in contempt of court for misdemeanor
4.    The said attorney has failed to pay the required fee as presented by the law in this case

Are you looking for such lawyers in Florida or nearby areas? Then, Bernstein, DeCailly & Marshall, PLLC and their experienced lawyers could be of immense help. For more information, visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

Wednesday 27 November 2019

Four Penalties that can lead to DUI Offense in Florida

Driving under influence (DUI) is considered a serious offense under the jurisdiction of the State of Florida. If proven, the accused might face suspension of license, probation, prison time, a criminal record, and might have to complete mandatory community services. The Florida DUI sentences are among the most hard-hitting ones in the United States.


In Florida, several factors determine the degree of penalty for a DUI arrest. These factors include:
  • Blood-alcohol level during arrest
  • Involvement of injuries or causalities while driving inebriated
  • Prior charges of DUI
  • Statement of the accused said during the time of the arrest

Types of penalties for DUI offenses

According to Florida state law, the motorist in control of a vehicle ‘under the influence of intoxicating substances’ or 0.08% blood alcohol concentration (BAC) can be booked under DUI offense. The judge can assign jail time or other penalties to the accused under such circumstances.

People with their first DUI conviction might be awarded the following sentences:
  • Fine
  • Community Service
  • Probation
  • Prison time

With subsequent DUI sentences or repeated offenses, the penalties become stricter. Additionally, the offender has to abide by participating in a monthly program on substance abuse and its management. The reports of the program are directly sent to the judge.

Have you been accused of Florida DUI crimes? Then, you will need an aggressive defense attorney to represent you in the court. Visit Bernstein, DeCailly & Marshall, PLLC, at http://bdmcriminallawyers.com or call 1-833-3BDMLAW for getting in touch with such experienced attorneys.

Thursday 7 November 2019

White collar crime and some FAQ's

White collar crimes are categorized as non-violent criminal activities in the business or commercial sector, done mostly for financial gain. These crimes involve money embezzlements, fraud, tax evasion, etc., and are often committed by professionals, with the motive of profit.

According to experienced Florida white collar crime lawyer, when a professional is charged with such an offense, he must immediately contact an experienced attorney. A lawyer well acquainted with the law and regulations in the field, can aid these people in a much better way.


Here are some common FAQ’s related to the crimes:

1. How white-collar crime is different?


These crimes are usually non-violent in nature. The people involved in such criminal activities are usually associated with commercial or business activity and might occupy a position of respect in society.

2. Are such crimes very common?

Each year, more than a thousand white collar criminals are prosecuted by the federal authorities. According to acquired data, each year the country loses more than $300 billion in money laundering, embezzlement, and other such crimes.

3. Are criminals charged with leniency?

Unfortunately, no. Such crimes create a national loss that goes up to billions. In the current political scenarios, these offenses and offenders are seldom given any leniency.


Have you been charged with such crimes, and are looking for a reliable attorney to represent you at the court? Then, you should contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC. For more information, contact http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

Thursday 24 October 2019

Florida sees more DUI than the national average. Do you need a lawyer?

To many, driving after a few drinks does not seem like a big deal; but there are no less instances when the situation swerves around, causing some severe consequences. And, it’s then only a matter of time as the cop pulls you over and you are hold guilty of driving under the influence.

But DUI can go worse if the results end up in an accident.

Compared to the national average, Florida has a slightly higher rate of alcohol-related car accidents. The incidents are more commonly seen amongst the age group of 21-34 age range.


Understanding DUI

Driving under the influence or DUI refers to a situation where someone is operating a vehicle under the influence of drugs, alcohol, or other mind-altering intoxicants. Understandably, these products can significantly increase the likelihood of road accidents or some other sorts of injuries because one does not remain in complete control of the physical faculties once intoxicated. Florida DUI is a serious legal issue and considered as a misdemeanour. It will need your BAC (blood alcohol concentration) as evidence of driving impaired.

Florida has an increased rate of alcohol-related car accidents than the national average

Did you know that you could get a DUI without even leaving your parking spot in Florida?

Are you being sued?

It can be confusing to decipher all of the jargon used for the ones unfamiliar with the law. Know that you should be served with a formal lawsuit complaint if being sued. Typically, a police officer or some court/legal official will give a summon to appear in court.

How long will the process take place?

The lawsuit process, like any other case, can be a lengthy one. If the case consists of insurance claims or getting out money from the other involved parties, it can even take up to years to get the result. That is exactly why you need people like Paul DeCailly, who can gauge the severity of the situation, the age of the accident, and other factors concerning the state of affairs.

AM I AT FAULT?

Florida DUI is a serious legal issue that and you will need the strongest legal representation to defend your guilty. It proven guilty, you might face serious punishments such as fines, driver's responsibility fees, a driver’s license suspension, community service, counselling, and or imprisonment.

That being said, there can also be some instances where the cause of the accident may not have been your fault. While you may be given a DUI for some reason, had it been some other driver’s fault, you need to fight for your justice.

If you are a Florida resident and have been affected by a DUI, attorney Paul DeCailly can help you fight the lawsuit. Defend yourself and resolve the issue as soon as possible with the experts from Bdmcriminallawyers.com. Visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW to find out today!

Thursday 10 October 2019

Why hiring a pro hac vice attorney could be a good idea?

Your local attorney although good, but might not have the suitable experience in handling difficult cases involving multidistrict litigation for injury caused by a medical device. With pro hac vice motion, you can hire an experienced out of state lawyer for representing you in the court. The given write-up tries to spell some advantages of hiring such out of state lawyers.

Law is a diverse stream, which has multiple digressions and convergences. In some situations, a lawyer familiar to you might not have the required experience in handling a difficult case. According to an experienced Florida pro hac vice lawyer, partnering with a lawyer or attorney who knows the in and outs of the particular type of case, can help in putting up an aggressive defense. If your local attorney does not hold necessary expertise in handling the particular case, then apparently you can hire an out of state attorney.

“…partnering with a lawyer or attorney who knows the in and outs of the particular type of case can help in putting up an aggressive defense…”

Apart from that these lawyers come with a host of benefits. Let’s look at them one by one:

1. Experience in special cases

Finding a specialist for the lawsuit is important. It ensures your victory. Imagine you have been involved in a multidistrict lawsuit involving a failed hernia mesh. Your local attorney has helped you in the past, but his counsel could be inadequate to handle a legal case at a national level. For fighting such cases, you will need an experienced attorney, who understands the specific set of laws and help you in getting favorable results for your lawsuit.

2. Proximity might not be helpful

This point is an extension of the previous point. It might be comforting to hire someone you know for the case, but it might not always be helpful. Your familiar lawyer could find it difficult to break through the complexities of a multidistrict lawsuit. In such circumstances, hiring a lawyer, who is learning about the specific branch of the law as the case progresses, could bring in a fatal outcome.

3. Online Research and admission


With the help of pro hac vice admission out of state attorneys can represent your case in the local court. These lawyers are provided special permission to represent these cases. The attorney has to complete some paperwork, which is very simple. The out of court lawyer can access the case history and other details regarding the case from online legal research services from their office. Your local council would also use the same platforms for researching and building the case. A pro hac vice lawyer could better utilize the information and help your case.

The United States Federal and State laws clearly state that while fighting an out of state lawsuit or litigation, the lawyer has to take the help of a local council. Without a local attorney, with a license to practice in the area, the appeal might get nullified. In most cases, these out of state attorneys either associate themselves with a local lawyer or make an appeal in the court to appear pro hac vice.

Are you looking for such attorneys? Then, Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC can be of help. For more information, visit Bdmcriminallawyers.com or call 1-833-3BDMLAW.