Criminal Law – Keep the Public Safe From Felons

Criminal law involves different rules that can cause the prosecution of a person for acts identified as crimes by the government. People found guilty of committing a criminal act would be incarcerated, fined, or both. Committing a crime means violating public laws which are established by the federal government, the state or the local government. These include felonies such as murder and rape as well as misdemeanors such as petty theft or jaywalking. Most felonies are punishable by one to two years imprisonment while misdemeanors are punishable by less than a year inside the slammer or other lighter punishments such as community services depending on the weight and kind of crime committed.

Ancient civilizations such as the Sumerians were the first to write codes of laws but did not distinguish civil and criminal laws. Most violations of the written laws were punished accordingly by physical punishment such as whipping or caning, incarceration which may vary from a day to life, house arrest, paying damages, or execution. As the written laws developed and distinguished civil laws from criminal laws, criminal sanctions are enforced according to five objectives:

  • Retribution – the aspect of making criminals pay for the crime they committed by placing them at some unpleasant disadvantage
  • Deterrence – this aims to sufficiently penalize offender to discourage him and other offenders from committing the crime and other criminal behavior
  • Incapacitation – criminals are taken away from the society so that the public can be safe from them. Prison sentences as well as death penalties serve this purpose.
  • Rehabilitation – involves transforming an offender into a better citizen
  • Restitution – this aims to repair any hurt inflicted to the victim by the offender such as paying for damaged properties or embezzled money.

The different crimes that fall under the criminal law statutes include:

  • Appellate law
  • White Collar Crime
  • Bribery
  • Counterfeiting/forgery
  • Embezzlement
  • Fraud
  • Healthcare fraud
  • Government fraud
  • Murder/homicide
  • Tax evasion
  • Violent crime
  • Theft/property crime
  • Drug crime
  • Juvenile crime
  • Child abuse crime

In the United States, prosecutions for criminal law offenses are initiated by complaints issued by a judge or an indictment issued by a grand jury. However, felonies in Federal courts require indictment or a formal accusation based on the Fifth Amendment to the United States Constitution. Furthermore, the Sixth Amendment provides the criminal defendant with a right to a speedy and public trial by an impartial jury of the State in both state and Federal courts, to be informed of the nature and cause of accusations, to be confronted with the witnesses against him, to obtain witnesses in his favor, and to be given a right to a Counsel for his defense but can defend himself and act as his own lawyer.

There is an excessive amount of traffic coming from your Region.

Types of Theft

From a young age, most people are told that stealing is wrong and can come with very heavy consequences. We are repeatedly told that we cannot take something that does not belong to us unless we have very clear permission to do so. Thus, people tend to have a good understanding of what is meant by the term “theft,” both in its everyday use and when it is used in courts of law. There are special terms that are used to define theft under specific circumstances, though. While many of these terms are widely used and understood, the details that separate the different classifications can be less clear.

Shoplifting is possibly the most common type of theft charge seen by courts, and also the first type that comes to mind when a person thinks of goods being stolen. It is defined as the stealing of goods from a retail establishment, from a department store in a shopping mall to a small grocery or convenience store. The consequences of being found guilty of shoplifting will depend largely on the value of the good stolen.

Robbery is the term used to describe theft accomplished through the use of violence, threat of violence, or use of other intimidation tactics. Robbery can run the gamut from a quick mugging to a detailed, violent, large-scale bank robbery. The sentence accompanying a guilty verdict in a robbery case will likely be more severe than another theft case dealing with similar values of goods, as threats or assault are often present, as well.

Where robbery is theft through violence, fraud is generally considered theft through deception (though there are types of fraud that do not necessarily involve theft). Common forms of fraud include identity theft, forgery, and bait and switch schemes. When an instance of fraud is defined by a individual or group’s gain through the appropriation of money or other assets they have been trusted to protect, it is known as embezzlement.

Burglary is a blanket term applied to instances where theft is accompanied by trespassing. Home invasion break-ins, stealing goods from closed stores, or taking property out of a parked car are all forms of burglary.

In many states, these sorts of theft charges may be further broken down into the categories of “petty theft” or “grand theft,” depending on the value of goods or assets stolen. The dollar amount where the line is drawn depends on the state.

For more information about theft charges, visit the website of Appleton criminal defense attorneys Kohler, Hart, & Priebe, LLC.

Laws Protecting Elder Financial Fraud Must Come With Stiff Penalties To Do Any Good

Everybody is worried about cyber attacks, identity theft, and hackers when it comes to their personal finances. Many senior citizens are so afraid that they will not do online banking, and they don’t even want to file their tax returns over the Internet. The IRS prefers online filing because they would rather have everything in a digital format, who can blame them, it cuts down on their administration costs, and it keeps everything very simple. That is of course until something goes wrong, something like identity theft and financial fraud.

Don’t think it can’t happen, it happens all the time. For instance, there was an interesting article in the Boston Business Journal on January 14, 2013 titled; “Citizens Bank teller could do 30 years for embezzling from elderly victims,” where a teller reportedly stole some $375,000 from three elderly bank customers. What is so unfortunate is that this is far too common a problem. What usually occurs is there is basically an inside job. The teller collects the information from the senior citizen when they make a deposit; their signature, bank account number, and all their information. They may even know how often they make deposits and withdrawals. They also know how much money is in the account.

Next, the bank teller slips this information to a friend who then carries out the fraud or identity theft by coming into the bank, cashing a large check, or creating a fake check or using information from the senior citizen’s online banking or ATM pin code. It often happens that seniors may not even know they’ve been ripped off for many months. This makes it even harder to catch the thieves because by the time the bank finds out or someone doing the accounting or tax return for the senior citizen notices something is missing, it is months after the fact.

By then the thieves are long gone, along with all of the elderly person’s money. Luckily, we have stiff penalties for those who would rip-off senior citizens, and that’s a good thing. Of course, this is only one way that seniors are ripped off every day, many of the other ways involve much more elaborate schemes, and some of those take years for anyone to ever catch. If you know of someone who may have been ripped off, someone who is a senior citizen, there are all sorts of local, regional, and federal authorities you can contact. It’s up to all of us to look out for our senior citizens.

Embezzlement – Its Occurrence and How to Clear Them With Help of Attorneys?

Embezzlement is fraudulent act where one tries to own illegally the property and assets of another person. This is a form of white collared crime and takes place mainly in the work surroundings. Over the years there are many companies and people who have found themselves affected by embezzlement. In many cases the person who is handling bulk amounts of money on a daily basis seems to have some shortage of money, which is improperly used or stolen. If this scenario exceeds then the person’s reputation would be badly hit and this mainly implies to business owners.

Understanding embezzlement:

This is a simple process to understand and occurs when a person steals the funds and property of the other person or organization and in turn passes the remaining amount as the only one received. To be more specific the people who steal small amounts of money which gets unnoticed by company or personal come under this act. Generally the person involved does it for a prolonged period.

This act is punishable by law and its severity depends on the crime’s intensity. Some of the factors involving this are:

• The extent at which money or property underwent embezzlement.

• Harm caused to person due to embezzlement.

What to do if you are a victim?

If you have noticed that the money laundered in your company then you must immediately tell your superior. If you find out that your superior is the main culprit behind this, then seek for the one who is higher than the superior.

In case of business owners contact an Attorney so that the proper investigation takes place in this issue and further proceeded according to law. Even if you are not sure whether embezzlement has taken place or not then attorneys help you to bring in a clear picture. It is better to have updating with this information so that you are not held responsible for unknowing or ignorant of whether the crime existed or not. In corporate world there is greater chance of embezzlement being shifted to you and the result being, you to suffer the unaffiliated crime. Seek the help of a professional Criminal Defense Attorney to help you bail out from this incident. It is important and necessary to hire an expert to resolve this issue, as this is a critical one involved which influence your emotional and professional goodness. The more quickly you conform these occurrences the better and the worst thing being not to take action.