Identity theft refers to using someone else’s personal identifying information in order to commit fraud or receive some type of benefit, usually monetary in nature. Personal identifying information includes a person’s name, checking account number, routing number, credit card number or social security number, to name a few. Identity theft only occurs when someone does not give his or her consent to use such information. If a person gives his or her credit card to someone else and permission to use it, this likely will not result in identity theft because consent was rendered. However, there may be other charges or claims through this conduct. Identity theft requires the person perpetrating the crime to have the intent to commit fraud or some other crime.
Instances of Identity Theft
The Federal Trade Commission estimates that more than 9 million Americans have their identities stolen every year. The victims may not even be aware that they have been victimized in this nature until months or years later, after which time their credit can be ruined and their reputation may be damaged.
Crimes Perpetrated through Identity
Sociologist and criminology expert Edwin Sutherland first coined this term in a speech that he delivered in 1939. According to Sutherland, someone is more likely to commit a crime when he or she is surrounded by criminal behavior as observed by those around him or her. Sutherland’s belief is that white collar criminals should not be punished as harshly as other criminals. He based this belief on the notion that white collar criminals are typically considered less dangerous. They are believed to be less likely of recidivism. For these reasons, he lobbied for more lenient sentences for individuals convicted of these types of crimes.
Today’s definition includes the traditional definition that incorporates crimes committed by business professionals through their chosen profession. White collar crimes also include fraud and embezzlement. They may include such crimes as wire fraud, mail fraud, insurance fraud, bankruptcy fraud, money laundering and bribery.
Characteristics of White Collar Criminals
This crime is dubbed as white collar due to the professional standing of the perpetrator. These individuals often have a respected position in the community, such as a money manager,
Other persons acquire these same drugs illegally from someone selling them even when that person should be taking them per his or her doctor. Many of these instances may cause medical issues due to incorrect dosage, body or chemistry difficulties or other similar problems. The person that gave or sold these drugs may be responsible legally for these complications.
While a person may face legal issues when possessing drugs without a prescription, there are others that obtain these same drugs through crimes involving some type of fraud. These may be through online purchases, the use of someone else’s identity or other situations. While many of these acts of lawbreaking result in misdemeanor charges, a person may face a felony charge depending upon the factors of the case. Though some consequences of these actions may be penalties through fines, jail or prison terms and other similar punishments, the possibility of making plenty of money through these drugs keeps these individuals in business.
Types of Drug Fraud Crimes
Among the most popular of drug crimes, there are two types of fraud crime categories that head
However, in some cases, individuals may ignorantly comply with the requests of an undercover agent in a way that they would not without the involvement and encouragement of law enforcement. A common defense to an allegation of a white collar crime is that of entrapment.
Entrapment occurs when officers or other government agents induce another person through their actions to commit a crime that had not been contemplated by that person in an attempt to eventually prosecute the person for the offense.
Elements of Entrapment
Although the prosecution has the duty to establish that the criminal defendant committed each element of the crime, entrapment is considered an affirmative defense. It does not prevent the prosecution from bringing forth the charges against the defendant. A defendant who alleges entrapment must prove a number of things, including that the government agent approached the defendant and was the one who introduced the idea of the crime. Additionally, the defendant must establish that he or she was not willing to commit the crime and only did so because the law enforcement agent acted in a coercive or otherwise improper manner.
Objective or Subjective Standard
The defendant often has a heightened burden to show that law enforcement’s actions would
If a person uses a weapon while committing another crime, he or she may be placing the health and safety of other individuals at risk. Due to this, a crime that is committed with a weapon often incurs severe penalties for the person accused of the crime.
A person who uses a weapon during the commission of another crime may find that he or she is subject to a sentence enhancement. Such an enhancement has the effect of adding time onto a person’s original sentence. Weapons may be used to help facilitate a variety of crimes, including sex crimes, kidnapping, assault, battery, burglary, drug crimes, robbery and burglary. When these crimes are committed with the help of a weapon, the individual may receive one sentence based on the crime itself and additional punishment based on the presence of a weapon. For example, if a person robbed a bank while in possession of a handgun, having the gun at the time of the crime will likely have a serious effect on the person’s sentence in comparison to if the person did not have the weapon at the time of committing the crime.
For a sentence enhancement to apply, it is not always
This shifting may become necessary as other crimes become more important than simple drug charges. Because these penalties are at the federal level, it takes time to process and change laws based on these proposed acts.
The fact that the prisons across the country are full of non-violent lawbreakers dealing in or with drugs has prompted many lawyers and political advocates to lobby those in power with changes to provide assistance to these individuals. There are additional factors that should be taken into account as well, such as the type of crime and how it may or may not contribute to further criminal acts. The first offender stipulation may also reduce penalties with the assistance of legal counsel. However, differing crimes may provide for reduced sentences and punishments if these proposed acts become laws. With the retrograde stipulation, those already in prison or jail from the point the acts were proposed may be let out earlier than expected.
Some amendments have provided for harsher penalties based on who did what in the crimes charged against multiple defending parties. The Holder Amendment was created for when someone is a courier of illicit substances, but he or she did not participate in any
Before the laws created regulations for these machines, many individuals have used them to ensure the avoidance of tickets and law enforcement for a variety of reasons. Some of these detectors may have monitors in place to record speeds of the vehicle they are installed in or may provide information on where and how far a police squad car is. Some incidents have resulted in these machines being used against the drivers as evidence.
For those situations when the driver has committed a traffic violation, radar detectors may be used as evidence in a court case. When laws and regulations are unknown, it is essential to obtain a lawyer for all relevant information. Some states only allow specific devices for use in the vehicle, and others do not allow any of these detectors at all. It is vital to know what law is present in the state the driver is traveling through. When the legal devices are used in those states that allow them, they often assist in avoiding traffic tickets and citations. It is important to ensure only the right one is installed to prevent legal entanglements.
Some Radar Detectors are Legal
The most important point in having a radar detector installed
However, in some instances, when a woman finds out she is pregnant, she may attempt to eliminate an addiction problem from her life. The life growing inside her body often becomes more important than the next fix. However, the options available to remove this obstacle are often few. Additional assistance may become a necessary part of these women’s lives.
Changing a person’s life is not an easy thing. When few options are available, a pregnant woman may find possibilities blocked. After determining to rid addiction to the drug she is compelled to consume, a woman awaiting a child may seek governmental help. There are clinics available in major cities as well as some in smaller areas. By seeking these out, the person may find the way to eliminate drugs from her life. Unfortunately, the option to take methadone for assistance with addiction issues may become a legal matter. Because the substance of methadone is still considered a drug with possible withdrawal symptoms in newborn children, the issue of consuming this substance may become a legal battle for the mother or the clinic that provides it.
When a pregnant woman faces the future with a child on the way, she may find
However, there are some means of enslaving others still occurring that are often even more brutal than the original circumstances. Human trafficking has been an issue in various locations around the world. Even in cities thought to be safe, these crimes have been arising in secret. Since law enforcement has been cracking down on these actions, the fact of human trafficking has come to light for those unaware that a form of slavery is still in existence.
As each year passes, thousands of individuals and groups are forcibly or through devious means taken and forced into various types of labor. The issue affects the entire world, as tourist cities, business locations, remote places and residential areas alike are targeted. Though men are abducted for hard labor, this growing concern mainly involves women and children. They are in many situations forced into working for nothing, sexual situations and various forms of relationships. Some children are kidnapped to be sold for their purity or innocence. In these cases, the victim is often harmed before he or she may be liberated.
Human Trafficking Explained
The illegal abduction of a person for the use in trade involving sexual slavery, reproductive means and any type of forced labor
Most instances of this crime have no aggravating factors. Penalties are issued based on these usual kidnapping instances. However, there are specific guidelines followed to determine if the criminal actions are considered aggravated based on some criteria. It is often these aggravating factors that cause a person to find himself or herself behind bars for a lengthy period of time. Additionally, compensation may have to be made to the family of the victim or the person abducted.
Aggravated Kidnapping Explained
When a simple kidnapping charge is elevated to aggravated, this usually means there were additional factors present for the crime to become worse in the eyes of the law. To become aggravated, the kidnapping often must have some kind of violence, injuries to the victim, ransom demands and similar issues attached to the crime. Dangerous weapons are often involved with aggravated criminal actions with the intention of harming or intimidating the person taken. Additional charges may be issued based on various elements of the crime, but these are usually saved for injuries, death and dismemberment of the target person. If multiple persons are taken, each person is counted as one charge each. Penalties are usually much harsher when more than one person
If your law firm is ready to venture into the sometimes-frustrating realm of online marketing, you have a lot to consider. Although your options for digital marketing are vast, video production is becoming the most popular and highly utilized method. Making a legal video for your law firm is the best way to help your firm stand out and attract new clients.
When making a legal video you need to consider a variety of factors like budgeting for production, finding a production team that suits the needs of your legal video, and determining what type of legal video to produce.
You can produce various types of legal videos which range in content and production. However, the following are generally considered the most successful types of videos for law firm use.
1. Legal brand video
Having a brand overview video that serves as a visual introduction for your law firm will do wonders for your marketing efforts. In a brand overview video, you can truly encapsulate the essence of your law firm and its services. First impressions are pivotal; a potentially interested client’s first impression of your law firm needs to be outstanding.
When creating a brand video about your law firm, you should always consider
However, the manpower and resources needed to catch these criminals are often staggering in light of other more heinous crimes the agency could be spending time on. However, this type of criminal act should be eliminated entirely to protect those that possess items of considerable monetary value. With individuals committed to stealing other’s possessions or from a business, this possibility may never become reality.
Several types of theft exist. These all may have differing sentences when a conviction occurs against someone. There are some differences in burglary, larceny, the act of robbery, dissimilar types of fraud, the actions of stealing from department stores, embezzlement of funds from a company and others. Many of these types of illegal acts have the potential to become major theft, but other criminal thefts charges of art, cargo, copper, jewelry or gems, mass retail and vehicles are considered more of the major acts of stealing. The amount of money that may be garnered from these items is usually greater than may be taken in other crimes.
A staggering $6 billion in art is stolen each year in the United States alone. The individuals that steal art pieces often have specific reasons for doing so. They often
Sometimes the person kidnapped is held captive in some secluded area. Most instances of this crime involve the use of force or violence at some point. Though many cases of this act are for collecting monetary payouts through ransom demands, some are committed for various other purposes. A few persons that commit this crime do so because they have a particular need that they are seeking to satisfy. This may be for companionship such as a person who wants a child but cannot have one, or this could be to commit additional crimes such as rape or murder. Unfortunately, not all kidnapped individuals are returned to their families and friends.
Kidnapping is considered a serious crime that has corresponding harsh penalties when a conviction occurs through the legal system. When someone is accused, he or she may have a difficult case to prove innocence. However, the prosecution may also have the same difficulty if the defending party has little evidence against it. The lack of the victim being present is what usually causes the most issues with proving guilt in claims of kidnapping. However, when the victim has been recovered, he or she may be the foundation these court trials are
The worldwide illegal trading of substances regarding the farming, production, distribution and trading of substances subject to drug offenses and violations is a billion dollar business that has been growing. Various agencies are continuously monitoring and researching drug markets throughout numerous countries to attempt to gain a complete understanding of their methods. With updating technology, these procedures may have some success in reducing or eliminating this drug business in many areas.
Levels or categories are set for certain drugs and crimes dealing with drugs to better explain how severe some are when involving the law. Level one or schedule one means the drug has no medicinal value known by the medical community or administration and has a very high potential for abusing the drug. Schedule or level two through five are varying degrees of dangerous to less dangerous with the potential for abuse in lesser amounts. The lower on the scheduling or leveling system, the greater chance the drug is used for medical reasons. When applied to illicit substances, the greater chance penalties are harsher than when the number is lower.
Charges for Drug Trafficking
Often, similar criminal court cases have dissimilar outcomes based on various factors and statutes a person is charged
The world has evolved from small town justice to recordings in every room, phone and building. Even some lights and buildings have outside cameras that record every second of every interaction of the day, making it more difficult to pull off crimes of this nature. As technology progresses into the next age, these crimes may become obsolete.
Grand theft auto is usually considered a felony and deemed as this crime when more than $500 to $1,000 is stolen. In the case of vehicles, this would usually be charged even if the person does not keep the car. In typical cases of conviction, a person may be punished up to one or more years in prison. Even with this specific stipulation of dollar amounts in some states, others have the same law in regards to all auto thefts. Additionally, some states charge the alleged perpetrator with other crimes such as Unlawful Taking or Driving of a Vehicle and other similar criminal acts.
Differences between Grand Theft and Simple Theft
Typical simple theft is usually considered the taking or using of someone else’s property or belongings without permission or consent. This is also known as larceny which usually involves items of a lesser or minor
However, there are usually signs that may be detected if the person knows what to look for. It is imperative to pay attention to these signs to avoid the abuse from continuing. These warning signs are observed in the behavior a child exhibits during daily activities or interactions with people.
Though many instances of child abuse stick only with the physical or emotional acts, some cases include the sexual aspect. Many of the symptoms demonstrate that there is a problem are present. However, when the child is sexually abused, there tends to be more extreme behaviors that surface. Many children block these memories when they are particularly young or the violence is extreme to them. Unfortunately, silence from the child is often one of the symptoms that there is something wrong. It is extremely important to listen to these children when they attempt to tell another of the acts they’ve suffered through.
Possible Signs of Abuse
Various warning signs may be monitored when the child has gone through a traumatic event. These could include many different behaviors depending upon a myriad of factors. The young person may have issues walking, sitting, laying down or similar daily exercises. These may be especially difficult if
Sometimes, an individual who is released from jail must complete a period of probation in order to complete his or her sentence. Cherry Hill criminal lawyers report that probation violations can result in heavy fines, extended probation, or time in jail.
During probation, the individual is held to a specific set of rules. The rules imposed on the individual are determined by the nature of his or her offense. For example, an individual convicted of a drug crime in New Jersey may be required to complete a urine test each week while he or she is on probation, which can be for a few years.
Examples of Probation Violations
When an individual is on probation, he or she is assigned a probation officer. The individual must meet the officer on a consistent, court-determined basis. The individual may also be required to appear in court or complete a rehabilitation or education program. Failure to comply with one or more of these requirements is known as a probation violation. Examples of probation violations include:
Failing to meet with a probation officer
Failing to appear in court
Being arrested for a new offense
Failing to attend a required rehabilitation program
Leaving the state or spending time
Some laws currently exist that have punishments in the extreme for the possession, distribution and consumption of this drug. Anyone caught with even small amounts may find harsh penalties like jail. Fines and programs for rehabilitation are often issued in conjunction with any periods behind bars.
Even as America is changing with societal expectations and opinions of how things should be, some political leaders push their own agenda that often is in direct opposition to the people residing in their states. Some punishments for the possession of this substance become harsher as these individuals in power attempt to protect those not using this drug. Many law enforcement agencies use those addicted to drugs as informants or to take down criminals of more importance. This often permits those with the drug of marijuana to go free after providing assistance or information. Various states have differing laws, but some have the same direction of harsh punishments for this substance as they do for harder drugs.
Law in Florida
As one of the toughest states on marijuana possession, it hosts the harshest penalties for this drug in the entire United States. For possessing one single ounce of this drug may result in up to five years
For many years, children were not listened to and were believed to be telling fanciful tales no matter how grim they were. However, when the crimes of sexual and physical abuse became apparent with family and friends or friends of the family, governmental interference with these criminal actions became part of everyday laws. The evidence of these actions was all the proof needed for those in power to change how things were run.
Since the laws changed, agencies for the welfare and well-being of the young were created. Though each one does not necessarily work with another, they are available for assistance and counseling for children and those seeking children. This ranges from safe housing, health and dental insurance, food assistance and many other various programs. Some agencies were created to help place children into a home when their parents have died or are no longer capable of caring for them. Some agencies are initiated to stop child abuse from occurring or continuing inside a household. With these issues and programs, some myths have been started about child abuse that are perpetuated.
Some Child Abuse Myths Explained
Various stories have been passed down from parents to children or amongst children or parents that
Tax evasion is a crime that is committed when someone lies on their tax return or fails to file a tax return in order to avoid paying the taxes that he or she rightfully owes. The crime is complete when the tax return is filed, even if there is still time to amend it.
However, there are two general exceptions to the rule that the crime is complete once filed. The first exception is if the person filed the return before the normal due date. In order to avoid potential criminal culpability, the individual can file an amended return by the normal due date that does not contain fraudulent information. Another exception is if the superseding return removes the fraud because of an extension period that applies. In most cases in which a fraud charge is a possibility, these exceptions do not apply.
Due to the exceptions most likely not applying, there are different approaches that people may take in this situation. Practitioners may advise against filing an amended return since doing so can basically prove the government’s case. Key elements of tax evasion include tax due and owed. By admitting to this crime by filing an amended return, the filing