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New York Criminal Defense Law Blog

Criminal justice matters require you to protect your rights

No matter what type of legal matter you are facing, you have to make sure that you are protecting your rights and making decisions that you feel are in your best interests. A criminal justice case has to be taken very seriously because your freedom and ability to live in the manner you currently enjoy are at risk.

We realize that you might have some concerns about what options you have. These might be very limited in some cases but you should still explore the possibilities for your case. Looking into what you might be able to do early in the case gives you time to determine how each might impact you down the road.

Credit and debit card fraud are serious

Credit and debit card fraud are serious matters. Some people might even face them without realizing they did anything wrong. This is because the definition of this crime likely includes more than what you think it might.

Here are a few points you need to know about credit and debit card fraud:

The temptations of white collar crime in New York

New York is commonly referred to as the financial capital of the United States. As such, opportunities to commit corporate and financial fraud are abundant. Sometimes just one rash or risky decision that did not seem to be that important at the time can come back to haunt you, especially if it turns out that your actions are technically illegal under New York state law.

There are many different types of white collar crime, and each has its own risks if you receive a conviction. The judicial system in New York takes corporate crime seriously, and if you are facing charges, or fear you may face charges, you should not take the risks lightly.

Putting off a defense plan is dangerous in white collar crimes

White collar crime accusations must be taken seriously from the first day that you find out about them. You can't think that they are just going to go away. Typically, prosecutors are only going to levy these charges if there is ample evidence to support the charges. With this in mind, you need to jump into action right away when you know that you will have to face these charges.

We understand that having to face these charges might not be fun, but your actions now can have a big impact on your future. There are a few goals that you have to have when you are up against white collar crime charges. One of these is obviously the criminal case. Another is that you need to think about how the charges impact your professional life. A third is how your social life is going to be affected.

Know what factors affect sentencing

A criminal sentence after a conviction must be taken seriously. The court considers several factors when determining a defendant's sentence. It might behoove defendants to know these points as they prepare their criminal defenses.

One of the primary factors that judges consider is the nature of the charge on which the defendant was convicted. Almost all charges have sentencing guidelines to which the court must adhere. In some cases, offenses have strict sentencing requirements. Mandatory minimum sentences are an example of a situation in which the court doesn't have any choice but to impose a specific sentence.

The grand jury and trial jury are separate in criminal law

There are two different types of courts that you might hear about if you are facing a criminal justice case. Even though they share the designation of being a jury, they are very different. In fact, one of these juries is one that you will likely never stand before.

The grand jury is a larger jury that meets before a criminal charge is levied against a person. This one consists of 16 to 23 people. The defendant typically doesn't appear before this jury, and neither does that person's legal representative.

Securities law matters require careful planning

Securities law is a complex area that requires a comprehensive look at the circumstances of a case to determine what options are present. We understand that you might be upset and frightened about what is to come in regards to your case. We can help you work through the issues one at a time so that you know where you stand.

For people who are facing charges for matters related to securities fraud, working through the evidence in the case might be a remarkable challenge. This is one reason why it is imperative that you meet these charges head-on. Trying to ignore them means that you are letting valuable time slip by without taking any positive action on your case.

Securities fraud is a matter that must be taken seriously

When you have inside knowledge of a company that is publicly traded, you need to make sure that you are handling that knowledge in an appropriate manner. Namely, you should be certain you aren't committing insider trading, which is a form of securities fraud. Being charged with securities fraud can mean that you are blacklisted in your profession and that you are looking at spending time in prison.

There are a few different actions that can lead to a securities fraud charge. One of these occurs when a person who has confidential information about the financial aspects of a specific company uses that information to make decisions about buying or selling stock. In some cases, they might pass this confidential information on to another person who also uses that information to decide what to do with stock. Martha Stewart is an example of someone who was convicted of this charge.

Real estate fraud takes many forms and could affect you

Let us say that you are involved in the real estate business as a mortgage counselor, and you have achieved a reputation for fairness in your dealings with homeowners who are facing foreclosure.

Unfortunately, a nervous new client is accusing you of fraudulent activity. You suspect she has you mixed up with a scam artist, but you are worried because your career and good reputation are at stake.

Learn the elements of a charge; use them for your defense plan

In our previous blog post, we discussed some of the elements that must be present in an aggravated assault charge. This is something that isn't limited only to that charge. All criminal charges have elements that must be present in the case in order for the charge to stick.

Learning about the elements of a charge that you are facing is one of the first steps that you can take to get to work on a defense. Because the laws in New York are so complex, we can help you to sift through the laws that apply to your case so that you can determine which elements must be present in order for the prosecution to launch a successful case against you.

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