Legal Article Written by HG.org
If a person fails to file his or her tax return when required to do so, he or she may face significant penalties based on a failure to file charge. Being aware of the defenses may help a defendant avoid the most serious consequences. However, defendants should also be aware of the limitations of these defenses.
When someone fails to file a tax return and is then charged with a crime of this nature, they often wonder why they were targeted for this crime. After all, there are criminals who have not filed tax returns for years because of their illegally-acquired funds. Often, the question comes down to the willful nature of the failure.
When a person files a tax return, he or she has the option to later amend the return if something was not performed correctly before. However, if a person wants to amend a tax return that included false or fraudulent information on it, there may be important considerations.
White collar crimes are typically non-violent crimes that involve some type of deceit that yields a monetary gain for the perpetrator. As opposed to other crimes, white collar crimes are usually committed by individuals in professional positions of trust. It is this position and assumed respectability that allows individuals to commit these crimes.
Business owners often put a lot of trust in the individuals that they employ. Unfortunately, this trust may be misplaced in some situations. Employees who are in key positions to have access to business funds, client funds or other resources may exploit their positions and commit fraud against the business.
The False Claims Act has become most well-known today for violations from the health care industry. Those that submit a false claim stand to face severe consequences.
Identity theft occurs when a person takes someone elseís personal information and uses it for financial gain, such as by getting credit cards in the victimís name and running up debt under that personís name while benefiting from the purchases. Identity theft can have a significant and adverse effect on a personís credit and financial stability.
The prevalence of identity theft appears to be increasing as technology continues to move forward. The easy ability of accessing the Internet has helped a lot of individuals steal the identities of unsuspecting victims. The rampant use of fraud has assisted these criminals in obtaining information about others that they otherwise would not have any access to.
Every year, hundreds of thousands of the most vulnerable part of the population are negatively impacted by elder abuse. Elder abuse victims may be vulnerable Ė both mentally and physically. They may also be frail or even helpless against their abuser.
As more individuals age, life expectancy increases, medical technologies are advanced and the Baby Boomer generation takes its rightful spot as the older generation, instances of elder abuse increase. In order to determine how to deal with elder abuse, you must be able to understand it and detect it.
Cases of child abuse range from one side of the world to the other. These issues have been in existence for hundreds of years, and only recently have these problems been addressed through laws and litigation.
Organizations in place to assist animals in peril have estimated that over 10,000 puppy mills have been created and are generating profits at the expense of what could have been beloved pets. These facilities have unhealthy living environments for these animals with severe cruelty often unnoticed by others due to where they are located.
The distribution and selling of drugs are rampant throughout the world. These criminals provide and cause addiction in thousands of people each year. When large quantities are distributed to other areas or individuals, multiple crimes are often charged if they are caught by law enforcement.
The world has started changing its views on certain drugs. Of these, marijuana has been considered by citizens of the United States for several years as less of a drug and more of an herb. Many individuals have used this substance to assist in medical treatment for pain, aches, swelling and many similar issues a person often faces with certain ailments or conditions.
Many criminal cases start before a person is arrested for an alleged crime. The actions of accusing a person are often what lead to an arrest, but they have to start with someone telling someone else that a person committed a crime.
It is best to prepare for a Social Security Disability claim when applying for benefits. Preparations with documentation and medical details are ideal when claiming for either Supplemental Security Income or Social Security Disability Insurance.
Child abuse may happen at any place not just in the home. It is when it happens at a business or a company that more damage may be done as it is often unobserved by those in authority. If the abuse is only observed by other children, it may go by unreported.
The laws of the United States have started to change when dealing with some drugs. One particular drug that has a change of regulation and law governance is marijuana. While some states have legalized the use and manufacture of this substance, other states have started to become stricter in dealing with those consuming this product.
The supply and transporting of illicit substances are growing issues within the world since the war on drugs failed. Criminals purchase drugs from one place where they are cheaply bought or grown and sell them in another at a higher price to provide thousands of drug users each year.
Crimes of theft have been around for hundreds of years to include the greater crimes of stealing large or expensive property and possessions. However, laws have become harsh when expensive vehicles are stolen by alleged thieves.
The taking or attempting to take something of any value through the use of force, threats of force or through intimidating and fear has been determined to be a robbery by most states. It has also been defined through the removal of someoneís property or belongings with the intention of permanently depriving the owner of the property or belongings.
Kidnapping is the instance when someone abducts another person for various reasons. The abductor often takes the victim to a remote or far-away place to ensure the person taken is not easily recognized or able to get away.
When a person has a claim for Social Security Disability, he or she most often has to face at least one rejection of the claim before any money may be seen to help with his or her situation. The process the case takes usually has very harsh judgment in determining if a person is eligible and approved for these benefits.
Crimes of slavery have been perpetuated for hundreds of years in one form or another. Throughout history, these crimes have been accompanied by physical violence and oppression. As times have changed, slavery in its pure form was abolished through most of the world in the form of various laws or treaties.
Firearms are associated with a right to carry in the United States with the belief that every person should be allowed one in his or her home. When the purchase process is legal, it usually requires an individual to complete an application, wait a period of time and then become permitted to own and use a firearm.
Most states have laws regarding kidnapping as a criminal act. The victim is taken and transported usually to a great distance away from his or her original location, often crossing state lines in the process to impede a criminal investigation.
Abduction and kidnapping cases often go hand in hand. In most cases, abduction is considered to be the illegal holding or transporting of a person without consent and against his or her will. Most instances of this crime include force, threats against the victim, intimidating the person usually through proposed violence or through words or some sort of deception.
To be pulled over by law enforcement agents, there must be reasonable suspicion when a DUI arrest has been issued. When reasonable suspicion is absent and an arrest is made, these charges may be fought in court.
The old adage is that the best time to talk to a lawyer is when you donít actually need one. Some of the reasons why you may want to speak to a lawyer include:
In todayís world, it is just as likely that a marriage will come to an end due to divorce just as much as it is for the couple to stay together. Marriages come to an end for many reasons, including adultery, problems communicating, control issues or many other reasons.
Both debt collection agency and debt collection law firms perform similar roles by pursuing unpaid debts. Additionally, both are regulated by the Fair Debt Collection Practices Act. However, the manner in which the agency or firm collects debt can be different, along with other characteristics of the firm or agency.
Talking to an insurance adjuster after an automotive accident can often lead to disastrous consequences. By taking on this important feat, it is likely that the victim injured in a personal injury case will make a mistake that will adversely affect his or her case.
Every year, approximately 800,000 people are bit by dogs to such a degree that they require medical attention. Children and postal workers are the most susceptible to such bites. Due to the prevalence of such attacks, there are many personal injury cases that are based on dog bites. This also means that there is more opportunity for victims of dog bites to make a mistake that adversely affects their legal rights.
Motor vehicle accidents can lead to a number of serious injuries. One such injury can be shoulder injuries. These types of injuries can have serious implications.
While hail can cause extensive damage to a home, hail damage claims may not be easy claims to have accepted. Homeowners may run into difficulties with claims and compensation for payments that they have already made to repair the damage. Because hail damage is often unnoticed when looking at the roof from below, a professional with experience in hail damage is needed.
Arizona has some of the strictest DUI laws in the nation. There are multiple types of DUI charges that a person may face if he or she is arrested for drinking and driving. For example, important differences exist between misdemeanor DUI and aggravated DUI.
Fatal motor vehicle accidents occur every day on American roadways. This is most apparent when examining fatal accident statistics.
Someone who has been victimized by domestic violence can seek protection through the issuance of a restraining order. This order instructs the alleged abuser from having any contact with the victim. Before a court will issue a restraining order, the victim has to provide reasonable proof that physical abuse has occurred. If issued, the alleged abuser must typically stay at least 100 yards away from the victim.
Few cases are more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.
Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.
When a person is facing criminal charges, he or she has many important decisions to make. He or she must consider whether to plead guilty or not guilty. He or she must decide whether to take a punishment recommended by a prosecutor. Possibly the most important decision is who he or she should use as a lawyer.
Distracted driving has been recognized as a serious problem by lawmakers, resulting in many states banning cell phone use while driving, adopting hands-free only rules or taking other action to curb the use of cell phones while driving. Individuals who are found to be engaging in distracted driving can face a variety of serious consequences.
Consequences for DUI convictions, especially subsequent convictions, can be quite serious, resulting in a loss of freedom, hefty fines, loss of driving privileges and social and professional consequences. A DUI defense lawyer can discuss whether any of the following defenses may apply in your case to help you get your charges reduced or even your case dismissed completely.
Drug addiction is rampant among Americans of all ages and backgrounds. For decades, the war on drugs has failed to eradicate this issue. These substances have overtaken lives to the point friends and family no longer recognize who these addicted individuals are any longer.
Some drivers journey from one place to another with only short jaunts and may forget to bring a driverís license. Others have had their licenses suspended after facing other traffic crimes such as too many speeding tickets or driving under the influence.
In the years after 2000, marijuana has been considered less of an illicit substance and more of a common drug found everywhere. Healthcare professionals have found many individuals use it to soothe pain with medical problems. The medical aspect of the drug has become so widespread that several states have attempted to legalize the drug for at least medicinal purposes.
Many drivers have purchased and installed radar detectors in many states. The question of legality has risen at different points in time, and some states have created stipulations regarding these devices. For those that have these legally, the question remains how long until they are outlawed entirely.
When employees work at the same place for so long, they expect to accrue several types of pay to their own accounts. Among these are often pension, unemployment when needed and disability benefits if any type of issue ever arises.
The punishments for possession, distribution and the manufacture of drugs are often harsh and severe. When multiple counts are applied to a personís case, he or she may see life behind bars. Combine violence with these crimes, and the person may face other penalties often more severe than if violent acts were not added to the charges.
Many families have access to drugs lying around the house from previous prescriptions that were not completely used. In many situations, one person or another in the family may give these drugs to another person even if he or she does not have that prescription or may require a different dose.
The issue with theft has dropped throughout the United States as the economy improves, but major thefts are still an issue. The Federal Bureau of Investigation has been committed to the various major thefts of art, gems, retail and other types of greater robbery. Through their efforts, many heists have been foiled.
Penalties for drug charges are extremely severe for those convicted of these crimes. Starting in 2014, acts have been proposed to provide a reduction in consequences for these crimes as well as a retroactive allowance for those convicted from the point the acts were proposed originally. These acts are to update the minimum sentencing to keep with the years as laws and sentencing shift and change.
White collar crimes are committed every year. Sometimes the perpetrator is discovered. Other times, such actions go undetected. In other cases, the defendant may be targeted by someone who actually committed the crime and is trying to avoid detection.
The term ďwhite collar crimeĒ is typically used to describe illegal actions that are not violent in nature. Typically, these behaviors are motivated by financial gain with the intent to deceive in order to acquire funds that do not rightly belong to the perpetrator.
White collar crimes are becoming increasingly common due to the technology that exists and makes it easier for individuals to get a hold of other peopleís personal identifying information. Given the expanse of white collar crimes, it is likely that you know someone who has been affected by a white collar crime. These crimes range from identity theft to fraud.
A white collar crime is a crime that is often committed by a professional that involves some type of fraud or deception that results in financial gain to the perpetrator or others. White collar crimes are serious offenses that must be taken seriously. It is important to contact a lawyer as soon in the process as possible to help protect the defendantís rights. Being aware of white collar crimes and their implications can aid in the defense.
Many people are charged with white collar crimes every year. They often have a number of questions about a charge of this nature, including:
White collar crimes vary in their severity and application. They may include nonviolent crimes like antitrust violations to complicated money laundering schemes. In some cases, aggressive and ambitious law enforcement officers and prosecutors attempt to crack down on white collar offenses through special programs targeted at this demographic.
Money laundering regards the financial transactions in which individuals participating in criminal activity try to disguise the proceeds or sources from these transactions. For example, a person may attempt to hide drug dealing money by investing in a business.
Identity theft is a serious crime that results in serious consequences. Identity theft cases continue to increase as new technological advancements make it easier for people to pretend to be someone else.
The Second Amendment to the United States Constitution provides citizens with the right to bear arms. They often exercise this right by keeping a gun or several guns in the home for protection. However, this can be a dangerous scenario, especially when children are present.
When someone commits a crime in which a weapon is involved, he or she may be subject to an additional penalty. Because weapons have the easier ability to cause bodily harm or death, law enforcement takes a firm stance against weapons by punishing criminal defendants more severely.
A nolo contendere plea is offered in some states as an alternative to pleading straight guilty or not guilty. This plea can sometimes lead to confusion as whether a nolo contendere plea constitutes a conviction depends on the penalty or the sentence imposed in some jurisdictions.
Many traffic violations may cause the suspension of a driverís license. When multiple crimes have been accumulated, when some violations have not been resolved and other similar situations, the state licensing agency often suspends the personís license as punishment.
The Confrontation Clause of the Sixth Amendment to the United States Constitution gives a defendant the right to confront his or her accuser. This includes any witnesses who speak out against him. The interpretation of this right has changed over time.
Traffic offenses occur daily around the country by every type of person. These may range from simple speeding violations to the more serious driving while under the influence of drugs or alcohol.
Drivers may operate a vehicle in a manner that causes both stress and peril on the road for others attempting to travel safely to their destination. In many of these instances, citations and tickets are issued. However, not all of these drivers are stopped before they may cause injury or property damage to others on the road or in traffic.
When facing the accusation of murder or homicide charges,defendants confront some of the most severe consequences, including the death penalty or life behind bars.
Most traffic violations are classified as lesser offenses such as a municipal violation. When a driver commits a particularly egregious crime in traffic or on the road, it may be deemed a felony offense.
Many deaths occur on the road or in traffic due to numerous factors. In many instances of death, the fault is due to a driver either through intentional acts, negligence, accidents or similar situations. Some of these accidents result in the death of someone by reckless or dangerous driving. Some crimes are classified as manslaughter, homicide or murder.
Many criminal defendants receive probation as part of their criminal sentence. During this time, they must be on their best behavior or suffer serious consequences.
Polygraph or lie detector tests attempt to discern if someone is being dishonest. Every test is different, offering different features and being conducted in a different manner. Some machines are more sensitive than others and are able to detect the smallest variation of a personís vitals. After the test is analyzed, a determination is made as to whether someone was telling the truth or not.
Many criminal defendants receive an additional charge pertaining to a weapon in connection with another crime, such as burglary or assault. If a person is found to have used or possessed a deadly weapon while committing another crime, he or she may face serious consequences. Most significantly, he or she may be subject to sentence enhancements.
As more baby boomers are alive and prospering, the rate of elder abuse has continued to increase. Elder abuse may be caused by any number of factors. Sometimes the abuse is inflicted by overworked caretakers. Other times, the abuse is inflicted by the elderly individualís own family.
The Second Amendment to the United States Constitution, gun control laws and the prevalence of mass shootings made up an ongoing debate during the second decade of the 21st century. During recent years, there have been additional measurements put in place to help safeguard communities from mass murderers.
When most people think of the right to bear arms, they think about guns. However, there are other weapons that may be used for self-defense, such as a dirk, dagger or knife. There may be laws that infringe on the general right to bear arms when it comes to these weapons as well as guns.
A prosecutor has the duty to disclose certain information to the defense. This helps aid the defendant in being able to lodge a proper defense.
Evidentiary privileges concern confidential communications, such as those between spouses or between a lawyer and his or her client. The United States Supreme Court has dealt with evidentiary privileges more than any other part of the Federal Rules of Evidence, indicating the importance that society has on these privileges.
Shoplifting occurs when someone goes into a store and takes something that does not belong to him or her. Many businesses have to carefully monitor shoplifting because it causes so much monetary loss to a business. This is why many people have had the experience of going in a store and being followed around because they are being suspected of shoplifting.
Sometimes a person may happen upon stolen property. There may be many innocent reasons for why he or she is in possession of such property. There may be many reasons to support why he or she never would have stolen the property. In many cases, stolen property may wind up at a pawn shop or other second-hand store. Such stores have risen in popularity during the last several years. There are even prominent television shows based on the pawn industry.
Many accidents have various faults and reasons behind the why and how. Though there are dangers on the road or with weather, most collisions and injuries are caused by drivers. These accidents may be through distractions, driving under the influence of alcohol or drugs, crumbling roads, dangerous weather, objects in the road and many other similar obstructions and issues.
When an accident occurs, many victims and participants are completely unaware of what procedures, documentation and other issues need to be completed or taken care of. Without the aid of a lawyer, this information may elude those that require it most. In most instances, an accident with vehicles involved necessitates an insurance claim for damage to the car and repairs.
Many drivers have cellphones in the car with them when they are travelling from one place to another. It is when they look at it, use it to text or other similar acts that accidents and injury may occur. The demands these devices place upon a personís attention often have him or her looking at the phone every few minutes even if it has not rung or signaled incoming messages.
Various claims for Supplemental Security Income and Social Security Disability are often met with resistance. Large amounts of time and energy are used to prove a claim when the money is desperately needed by someone that cannot work or work enough to support the household.
Arson is a serious criminal offense. As such, it can have serious implications. It is vital to involve a qualified criminal defense lawyer in the case as soon as possible in order to avoid serious penalties. A criminal defense lawyer can help explain the charges against a defendant.
Today, there are higher risks of being victimized of identity theft than ever before. This is due to the easy access that many culprits have due to technology. Various mechanisms exist in which a criminal can get a personís personal information and credit card information through computers and other devices.
When a person is facing federal charges, he or she must be concerned with the federal sentencing guidelines. In the event that he or she is found guilty of a federal crime, he or she will be subject to the guidelines.
Manslaughter, self-defense and murder are often closely tied together. It can be difficult to determine when self defense changes things so that a person is not criminally culpable for manslaughter or murder. Being aware of principles related to self defense can help make important distinctions.
One of the most notorious stand your ground cases involved George Zimmerman. The Florida case made national news, not the least of which occurred after Zimmerman was found not guilty by a Florida jury after they determined that he had used legitimate self-defense under the law. The Michael Dunn trial resulted in a hung jury.
Many DUI and drug-related arrests start as a simple traffic stop until law enforcement observes signs of impairment or other criminal activity. However, in many cases, such stops could have been avoided and the negative consequences of an arrest or conviction could have been averted.
Many individuals are stopped for speeding in certain areas known for speeding. Often, law enforcement establishes a speed trap in these locations. Knowing how speed traps function and the different defenses that may be available if a person receives a speeding ticket in such a trap can be helpful.
As the number of people texting has steadily increased, so have the number of cases involving motor vehicle accidents caused by texting while driving. The use of cell phones while driving leads to many avoidable accidents every year.
There are a number of privileges that criminal defendants have that protect certain communications. These privileges include clergy privilege, spousal privilege, doctor-patient privilege and the attorney-client privilege.
In self-defense cases, there are generally two different approaches that states take. The first is the duty to retreat. The second is stand your ground. The rules that the state follows can have a significant impact on the defendantís case.
Many states enact a number of privileges in order to protect criminal defendants. These privileges help prevent certain people from testifying against the defendant based on things that he or she revealed. These privileges include attorney-client privileges, doctor-patient privileges, spousal privileges and clergyman-penitent privilege.
After a person has been found guilty either by pleading guilty, accepting a plea agreement or being found guilty by a judge or jury, the next phase of the criminal case is sentencing. The sentencing phase determines how much time a person will be ordered to serve as well as any other sentences that will be imposed. It is important that the defendant through his or her lawyer take certain steps before he or she is sentenced.
While your life, liberty and reputation may be on the line in a criminal case, there are certain aspects of your criminal defense that may be better left for your lawyer to handle.
The insanity defense is one of th emost controversial defenses. Additionally, it has one of the lowest success rates among all criminal defenses. Knowing about the insanity defense and when this defense may apply has the potential to help a criminal defendant who may be able to assert this defense.
In the United States, all criminal defendants have the right to receive a fair trial. There are numerous constitutional safeguards in place to help protect these rights.