Thursday, 22 August 2019

Which activities are regarded as white collar crimes in Florida?

The white collar crimes are those activities that are committed for personal financial gain. The actions include forgery, fraud, and money embezzlement. In this blog, you will find a list of activities that are regarded as white collar crimes in the state of Florida.

In recent news, a Florida woman was awarded 4 years in prison and a hefty fine for diversified white collar crime involving forgery, wire frauds, and incorrect healthcare billing. According to the Florida Annotated Statutes, a white collar crime involves forgery, fraud, embezzlement, bribery, and so on.

As per the Statutes, a convicted felon under the Florida white collar crime can be awarded a strict penalty, with or without prison time.



What are white collar crimes?

The offense can be defined as an act where a person breaks a law for profit and enrichment motives. According to an experienced lawyer, the profit motives might be dictated by:
  1. Loss of assets, especially money or property
  2. Financial advantages
  3. Misuse of funds for personal gains

Traditionally, the term has been associated with the more affluent people who abuse their power for financial and personal advantages. However, in the modern scenario, with technological advancements, the definition has been updated. Now, it includes several other activities that are regarded as white collar transgressions. Let’s look at some of them:

1. Bribery

Offering a bribe or accepting the same, is considered a serious offense. The payments for personal or professional gains can be offered in the form of cash or other incentives. These illegal payments can be made to government officials or a person of interest.

2. Money laundering

It is a process where the money, earned from illegal activities, is passed through a complex series of banking transactions. In most cases, the overall motive of the process is to return the money to the launderer without any trace. The process involves doctoring the account books, or falsification of information relating to the source of the money.

3. Fraud

It is one of the most common forms of white-collar crimes and involves distortion of facts for financial gain. These activities are conducted to dupe the officials or tax agencies so that a given person can avoid paying their dues. One can also commit fraud against depositor, investors or shareholders by a company to gain personal profits.

Conviction associated with white crime felony

In the state of Florida, the punishment for such criminal activities might include prison time, in addition to a heavy fine. The sentencing is determined by the amount of money involved in the case and the nature of the crime.

Have you been involved in a white collar crime? Then, you should contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC for legal consultation. For more information, visit http://bdmcriminallawyers.com or call 1-833-3BDMLAW.

Tuesday, 13 August 2019

What does pro hac vice mean? And, how can it help you?

Just like any profession, lawyers also need permissions or permits to work in a particular state. Ideally, with the state license, they can practice in any court inside the state. But, what if a particular attorney is required to participate in the case pending in the court of a different state? They can be allowed to participate in the case on “pro hac vice”.

According to a Florida pro hac vice, the term essentially means “for this time only”. According to this rule, the lawyer from a separate jurisdiction can practice on special permission in a given state for which they do not possess a license. As per a general course, such lawyers have to coordinate with a local attorney who possesses the permit to practice in the state where the permission is been sought.


How these lawyers can help?

In most cases, the growing need to practice between the state lines has made it necessary for the appointment of such out-of-state lawyers. These lawyers can help their local clients in out-of-state legal matters like buying or selling property in a different state.

Do you need the counsel of such lawyers? You can always contact Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC. For more information, contact http://bdmcriminallawyers.com or calls 1-833-3BDMLAW.

Wednesday, 24 July 2019

Defend Your Loved One with Best Crime Attorney

Being charged with a drug crime can completely destroy your career, personal life or any social reputation that you hold. It’s not easy to get over such disturbing charges, whether it’s you or any of your loved ones. However, hiring an experienced criminal defense lawyer can save you from going through some major trials. If you have been charged with a Florida drug crime then getting in touch with the best defense lawyer is the only way out. Don’t beat yourself up by over thinking, check out some of the cases that these lawyers accept.

Acceptable cases by defense attorney
Some of the premier defense attorneys accept multiple cases. No matter how complex the situations are, they will leave no stones unturned to get you out of the situation. They provide a committed and despicable representation over your case. Some of the criminal cases that they accept are as follows:

•    Drug possession cases
•    Transportation of drugs
•    Controlled substances and other drug manufacturing cases
•    Drug trafficking and other controlled substances
•    Drug distribution and controlled substances
•    Drug delivery cases and other controlled substances
•    Juvenile drug crimes and other controlled substances
•    Drug crime and DUI, other controlled substances
•    Second/third-time drug crime cases

In order to find the best Florida drug crime defense lawyer, you can make sure they offer a wide platter in your defense cases just like these. To bring the point home, experienced lawyers with extensive knowledge of criminal cases will higher your chances of winning. They put in every angle to defend you regardless of the complexity and severity of the cases.

If you want your cases to be inexperienced hands, then switch to Bernstein, DeCailly & Marshall, PLLC. This attorney has an excellent reputation to fight any criminal case that fetched success as an end result. Visit http://bdmcriminallawyers.com to discuss your case further.

Saturday, 13 July 2019

Florida’s Sentencing Guidelines – A Complete Overview

Federal government and Florida sentencing guidelines are mainly used to determine a sentence range. Guidelines are advisory in the Federal Criminal Court system and the federal courts are mandated to consider various factors before passing sentence on a defendant. Learn about the factors here.
Florida sentencing guidelines rely on a scheme that is basic and dictates the minimum sentence that can be imposed by the judge for felony cases. Florida also has a non-exclusive list of reasons for a downward departure, but a motion for such a departure must be filed and a hearing scheduled on the motion. A departure hearing can last 10 minutes or 2 days. Oftentimes, a departure hearing has the same look and feel of a trial, but the burden is on the defendant to prove that he or she is worthy of a departure.


Structured Sentencing in Florida
The Florida Sentencing Guidelines represents the state’s structured policy with respect to the sentencing of non-capital felony offenders. There are three distinct versions of the guidelines currently in operation in Florida.
  • They provide for a uniform set of standards to guide the sentencing court in sentencing decisions.
  • They evaluate relevant factors present at sentencing relating to the offense or offenses and the defendant’s prior criminal behavior.
  • They are attempts to provide for “truth in sentencing” and eliminate unwarranted disparity in sentencing decisions.
  • They focus on ensuring that the punishment is commensurate with the offenses before the court for sentencing
  • They are mathematically based and provide a means to address several policy areas. Every assessment of points reflects a policy statement regarding the relative severity of a criminal behavior.
  • Each policy is represented on its respective score-sheet, which must be completed for each felony defendant prior to sentencing.

Unstructured Sentencing – History of Sentencing Policy
Prior to October 1, 1983 courts used to sentence in accordance with the provisions of law, that permitted a wide range of judicial discretion in the sentencing decision. Sanctions ranged from a fine up to state prison incarceration. The statutory maximum penalties of incarceration in state prison were:
  • Five years for a felony of the third degree
  • Fifteen years for a felony of the second degree
  • Thirty years for a felony of the first degree
  • Life for a life felony

This was a form of an indeterminate sentencing policy because most offenders sentenced to prison were by law, parole eligible. Parole was a discretionary early release policy, which obviously had a significant impact upon both the percentage, and the actual amount of time served.
If you want to get in touch with a lawyer regarding Florida sentencing guidelines, Paul DeCailly of BDM Criminal Lawyers would be a great choice.

Monday, 24 June 2019

Understanding The Complications Of Florida DUI

Reckless driving in Florida is described in the state as ''operating a motor vehicle with deliberate and willful disregard for the safety of others." Fleeing a law enforcement officer is termed as Felony. Reckless driving can involve a number of situations such as, vilely excessive speed, tailgating, weaving in and out of traffic or failure to yield.
Florida DUI case can remain on your record and affect your future in many ways:
  • One might be subjected to significantly higher insurance rates or outright cancellation of the insurance
  • One could find it hard to obtain a professional license
  • One could have challenges in keeping or finding a new employment
  • One could have difficulties in getting a rent to live
  • It might be hard to get a student loan
An arrest for DUI by itself brings out tough penalties. And, it can be an equally difficult, serious and complicated situation if you are caught after fleeing from the site of an accident that involves property damage or injury. The condition worsens if you are found to be under the influence of drugs, alcohol, or a controlled substance. Serious repercussions may alter the course of the accused's future which is why you need experienced attorneys to lessen those legal consequences.

Sorts of punishment expected
Leaving the scene of an accident, when there is no DUI involved, can result in a fine which can be within a range of $500 to as much as $10,000 if there is a fatality. The person can even be jailed for 60 days up to as much as 30 years for a fatal crash.
If alcohol or drugs are involved in a hit and run case, a DUI charge is often added on, which has its own set of separate penalties. Punishment for a DUI conviction can include fines from $500 up to $5000 and 6 months or longer in jail.
There are some other consequences which can affect and they are as follows:
  • loss of the use of your vehicle
  • suspension/revocation of the license
  • mandatory attendance of a substance abuse program
  • community service
Bernstein, DeCailly & Marshall, PLLC attorney Paul DeCailly is one of the most reputed DUI lawyer who will help you protect your freedom and reputation. Visit Bdmcriminallawyers.com to find out more about the details if you have been charged with a DUI case.

Thursday, 13 June 2019

Fight For Your Rights in Florida Crime

Usually it takes a high level of intelligence to commit white collar crime. These are basically illegal acts which is done through a wide variety of complex activities, such as money laundering, tax evasion, embezzlement, Medicare or health care fraud, telemarketing fraud, identity theft, computer hacking and much more.

Florida white collar crime is known to be very difficult for government prosecutors to try, as the activities are buried in a series of shell companies and intentionally hidden. It involves complex and interrelated transactions, and often with meticulously layered shields. A great deal of sophisticated expert knowledge is required to discover and unravel the criminal activity. To track, catch, and explain what has transpired to a jury takes time and great expense for the government to build a solid prosecution.


There are a few charges which are more serious than those that involve a violent offense. If you have been accused of a violent crime in Florida, you should understand your social reputation, your livelihood and your freedom hangs in the balance. It is critical to have the right Florida attorney, knowledgeable in state and federal laws, who can help you save your rights from Florida violent crime. Following are the main four types of cases they fight for:
  • Assault Cases
  • Protective/Restraining Orders
  • Homicide Cases
  • Weapons Charges

If you been accused or charged with a Florida white collar crime, you have limited time to act. So get in touch with attorney Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC who has the experience of navigating the complexities of such crimes. White collar crime accusations may not only destroy a career and a reputation but can be highly stressful in nature. The firm utilizes significant experience to formulate a strong defense for your case and help protect the rights. Visit Bdmcriminallawyers.com to speak up if you have been affected by Mail Fraud, Bank Fraud, Airplane Parts Fraud, Healthcare Fraud, Government Procurement Fraud or Wire Fraud. Other crimes such as Conspiracy, Embezzlement, Economic Crimes, RICO Act, Online Crimes and Environmental Issues are equally concerning.

Monday, 27 May 2019

Sentencing Guidelines in Florida


Federal government and Florida sentencing guidelines are followed when it comes to determining either a minimum sentence or sentencing range. Guidelines have become ‘advisory’ in the Federal Criminal Court system and the federal courts are mandated to consider various factors before passing sentence on a defendant.

Paul DeCailly has had success in obtaining sentences for defendants for years who were far below the federal and state guidelines. Sentencing is an important part of the criminal justice process and needs expert defense when it comes to lengthy prison sentence. Paul DeCailly of Bernstein, DeCailly & Marshall, PLLC has previously been hired as co-counsel in cases where a departure is being sought. Sentencing is an opportunity for aggressive advocacy and you need to trust attorneys such as him to fight for your rights.

Visit Bdmcriminallawyers.com to find out more through a free pre-plea initial consultation.