New York Criminal Defense Law Blog

Common types of tax fraud

On behalf of Bachner & Associates, P.C. on Monday, March 11, 2019.

Taxes are due April 15th. Although many people have worried about receiving reduced tax refunds this year, data actually shows the average taxpayer has gotten more. The average refund check so far is $3,068, which is a 0.7 percent increase from last year.

If you still have not filed your taxes yet, then it is vital you get on it right away. As you fill out the paperwork, make sure you do not inadvertently commit tax fraud. Tax fraud, even if it was an accident, is a serious crime, and it is paramount for everyone to familiarize themselves with the different types that can manifest.

How to attain a pardon in New York

On behalf of Bachner & Associates, P.C. on Sunday, March 10, 2019.

Most people are familiar with presidential pardons. However, governors of states also have the power to award pardons under certain circumstances. In December of 2018, New York governor Andrew Cuomo provided clemency to 29 felons. Many of them faced deportation, but now they can remain in the country.

Pardons can free someone from prison, and in certain circumstances, they can restore the individual's voting rights. Another form of clemency involves commuting a sentence. In this instance, the person is freed from prison but still has certain civil disabilities. After commutation, the person cannot sit on a federal jury or vote. Although many convicted felons would like to receive a pardon or commutation, not many people get them, and the process for getting them can be long.

Common defenses to insider-trading allegations

On behalf of Bachner & Associates, P.C. posted in white collar crimes on Tuesday, February 26, 2019.

Insider trading is a type of securities fraud that occurs when confidential information is spread to shareholders so that they can take actions that are one step ahead of what is public knowledge. For example, if an investor receives confidential information that suggests the stock price of a company is going to take a hit, the shareholder will be able to sell shares before their price goes down. This is an illegal act and is heavily enforced by the Securities and Exchange Commission (SEC).

If you have been accused of insider trading in New York City, it is important that you take immediate action to adequately defend yourself. The SEC tends to punish the crime of insider trading quite severely in order to set a precedent.

Claiming self-defense in an assault charge

On behalf of Bachner & Associates, P.C. posted in criminal defense on Thursday, February 14, 2019.

If you have been accused of an assault in New York, you are probably feeling worried about the potential consequences of the accusation. Being charged with any type of assault can lead to life-changing consequences for your entire future. That's why it is important that you take action to defend yourself.

If a fight breaks out in a bar or on the street, things can escalate very quickly and it can be near-impossible for an objective view of the course of events to be established. That's why people sometimes end up accused of assault even though they were standing on the sidelines or were simply acting in self-defense.

How to beat an insider trading charge

On behalf of Bachner & Associates, P.C. on Friday, February 8, 2019.

You have worked hard to secure financial freedom for yourself and your family. While your efforts have built a successful business, an insider trading charge could leave you penniless. It could also land you in federal prison. If authorities have charged you with violating Section 10(b) of the Securities Exchange Act of 1934, you must act quickly to develop an effective defense.

To secure a conviction on an insider trading charge, prosecutors must prove certain elements. First, they must show you purchased or sold securities. Then, they must demonstrate you had material information that was not available to the public. Finally, for an insider trading charge to stick, prosecutors must prove you had a duty not to trade. To better understand your situation, you should know a few things about each element.

Understanding federal securities law

On behalf of Bachner & Associates, P.C. posted in securities on Thursday, January 31, 2019.

When a company is looking to sell its securities, its owners must be aware of the laws in place that regulate securities across the United States. These laws were put in place mainly to protect investors and to increase transparency so that buying and selling could take place with full disclosure.

There are two laws that specifically address issues relating to securities exchanges. These are the Securities Act of 1933 and the Securities Exchange Act of 1934, more commonly known as the "Exchange Act". It is important that you understand what these laws mean for selling stocks and bonds.

An illegal search may be the key to your criminal defense

On behalf of Bachner & Associates, P.C. on Friday, January 18, 2019.

Investigating white-collar crimes requires officers to carefully follow a set of regulations and procedures. If investigators illegally conduct a search, you may be able to use the error to your advantage.

If you plan to argue that officers violated your Fourth Amendment rights, you should know a few things about this defense strategy.

Understanding hacking as a white collar crime

On behalf of Bachner & Associates, P.C. posted in white collar crimes on Wednesday, January 16, 2019.

White collar crimes in the digital realm are constantly evolving; therefore, the ways in which they are charged can be difficult to determine. If you have been charged with a white collar crime in the state of New York, it is important that you take such an accusation very seriously and that you take the time to understand the details of the case.

Hacking is often seen as a type of white collar crime, since it can be executed in a corporate environment, taking advantage of professional relationships in the process. There are many different types of hacking strategies; therefore, it is vital that the legal definition of the act is understood.

Common defenses against domestic violence charges

On behalf of Bachner & Associates, P.C. on Tuesday, January 8, 2019.

It is vital for genuine victims of abuse to seek help. The National Domestic Violence Hotline is available for such people.

However, plenty of people face wrongful accusations. It is vital for them to seek legal assistance immediately to start building a viable defense. Ultimately, the burden of proof still rests with the prosecution, so you can implement a few defenses to try to get the judge to drop the charges.

Negotiating a plea bargain in New York

On behalf of Bachner & Associates, P.C. posted in criminal defense on Wednesday, January 2, 2019.

If you have been accused of a criminal offense in the state of New York, it is likely that you will be feeling overwhelmed and confused. Facing criminal charges can feel like a lot to handle. But it is important to understand how you can work to possibly minimize the charges. Many defendants in the state of New York have the opportunity to negotiate a plea bargain -- but there are numerous things that need to be considered before you start.

It is vital that you understand how plea bargains work before you decide to negotiate one. It is not always the best option, because it will lead to some legal consequences. Getting your charges dismissed or being acquitted at trial are usually preferable options. However, it isn't easy to get charges dismissed and going to trial in order to show your innocence can take a great deal of time and money.