California Criminal Lawyer

September 9, 2010

Mortgage Fraud Schemes in South Carolina – A Review For SC Criminal Attorneys, Lawyers & Law Firms

Filed under: california criminal lawyer — Tags: Attorneys, Carolina, Criminal, Lawyers, Mortgage, Review, Schemes — 20100612 @ 5:00 am

Mortgage fraud is problem that has reached epidemic proportions in the United States (US) in general and in South Carolina (SC) in particular. The white collar practitioner should be aware that mortgage fraud is generally investigated by the United States Federal Bureau of Investigation (FBI), although other agencies routinely assist the FBI and/or take the lead in investigating a case. Some of the other federal agencies which investigate mortgage fraud crimes for criminal prosecution include, but are not limited to, the Internal Revenue Service-Criminal Investigative Division (IRS-CID), United States Postal Inspection Service (USPIS), U.S. Secret Service (USSS), U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Housing and Urban Development-Office of the Inspector General (HUD-OIG), Federal Deposit Insurance Corporation-Office of the Inspector General (FDIC-OIG), the Department of Veterans Affairs-Office of the Inspector General (DVA-OIG) and U.S. Bankruptcy Trustees.

The FBI works extensively with the Financial Crimes Enforcement Network (FinCEN). FinCEN is a bureau of the United States Department of the Treasury, created in 1990, that collects and analyzes information about financial transactions in order to fight financial crimes, including mortgage fraud, money laundering and terrorist financing. The FinCEN network is a means of bringing people and information together to combat complex criminal financial transactions such as mortgage fraud and money laundering by implementing information sharing among law enforcement agencies and its other partners in the regulatory and financial communities. South Carolina lawyers can keep abreast of mortgage fraud developments by visiting the respective websites of the FBI and FinCEN.

In South Carolina, mortgage fraud is generally prosecuted by federal prosecutors. The United States Attorney’s Office (USAO) and the U.S. Department of Justice’s (DOJ) Criminal Fraud Section handle the criminal prosecutions of mortgage fraud cases. The USAO in South Carolina has about 50 prosecutors in the state, and has offices in Charleston, Columbia, Florence, and Greenville. In the investigation stage, a person with possible knowledge or involvement in a mortgage fraud may be considered a witness, subject or target of the investigation. A subject is generally a person the prosecutor believes may have committed a mortgage fraud crime, whereas a target is a person the prosecutor believes has committed a crime such as mortgage fraud and the prosecutor has substantial evidence to support a criminal prosecution. Criminal prosecutions of mortgage fraud felony cases are usually initiated through the federal grand jury process. A federal grand jury consists of between 16 and 23 grand jurors who are presented evidence of alleged criminal activity by the federal prosecutors with the aid of law enforcement agents, usually FBI special agents. At least 12 members of the grand jury must vote in favor of an indictment charging mortgage fraud. South Carolina criminal defense lawyers are not allowed entry into the grand jury at any time, and prosecutors rarely fail to obtain an indictment after presentment of their case to the grand jury.

Often targets of a mortgage fraud prosecution are invited by the prosecution to avail themselves of the grand jury process and to testify in front of the grand jury. Generally, a South Carolina criminal defense attorney should not allow a named target of a federal criminal mortgage fraud investigation to testify before the grand jury. Subjects and witnesses in a mortgage fraud prosecution are often subpoenaed by the prosecutors to testify before the grand jury. A criminal defense attorney should likewise generally advise a witness or subject to not testify if any part of the testimony would possibly incriminate the client. With respect to a federal mortgage fraud investigation, when a citizen receives a target letter, subject letter, or a subpoena to testify before the grand jury, or is contacted in person by a law enforcement officer such as an FBI special agent, a South Carolina criminal lawyer who is experienced in federal prosecutions should be consulted immediately. One of the biggest mistakes a mortgage fraud target, subject or witness can make is to testify before the grand jury or speak to criminal investigators prior to consulting with a criminal defense attorney. The 5th Amendment to the Constitution allows any person, including a target, subject or witness in a mortgage fraud prosecution, to not incriminate himself or herself. Interestingly, there is no 5th Amendment protection for a corporation. Obviously, if a defendant has been indicted or arrested for a federal mortgage fraud crime in South Carolina, an experienced SC mortgage fraud lawyer should be consulted immediately.

An important practice tip for South Carolina attorneys representing clients who have decided to testify before the grand jury is to accompany the client to the grand jury court room. While not allowed in the grand jury proceeding itself, the attorney can wait just outside of the court room and the client is allowed to consult with the attorney for any question which is posed to the client by prosecutors or grand jurors. This is an effective way to help minimize any potential damaging statements by the client, and a great way to learn the focus of the prosecutor’s case. This approach makes it much easier to gain insights from the client as to the questions asked during the grand jury proceeding as opposed to debriefing the client after a sometimes long and grueling question and answer session which can last for hours.

South Carolina white collar criminal attorneys need to be aware of the types of mortgage fraud that are prevalent in the state in order to effectively identify and represent clients who are involved in mortgage fraud activities. Consumers need to be aware of the variations of mortgage fraud so that they do not unwittingly become a part of a scheme to defraud a bank or federally backed lending institution. Federal mortgage fraud crimes in South Carolina are punishable by up to 30 years imprisonment in federal prison or $1,000,000 fine, or both. It is unlawful and fraudulent for a person to make a false statement regarding his or her income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan or credit application for the purpose of influencing in any way the action of a federally backed financial institution.

Some of the applicable federal criminal statutes which may be charged in mortgage fraud indictments include, but are not limited to, the following:

• 18 U.S.C. § 1001 – Statements or entries generally

• 18 U.S.C. § 1010 – HUD and Federal Housing Administration Transactions

• 18 U.S.C. § 1014 – Loan and credit applications generally

• 18 U.S.C. § 1028 – Fraud and related activity in connection with identification documents

• 18 U.S.C. § 1341 – Frauds and swindles by Mail

• 18 U.S.C. § 1342 – Fictitious name or address

• 18 U.S.C. § 1343 – Fraud by wire

• 18 U.S.C. § 1344 – Bank Fraud

• 18 U.S.C. § 2 – Aiding and Abetting

• 18 U.S.C. § 371 – Conspiracy

• 42 U.S.C. § 408(a) – False Social Security Number

While states experiencing the highest number of mortgage fraud cases are California, Florida, Georgia, Illinois, Indiana, Michigan, New York, Ohio, Texas, Utah, Arizona, Colorado, Maryland, Minnesota, Missouri, Nevada, North Carolina, Tennessee, and Virginia, the state of South Carolina has seen a huge rise in the number of mortgage fraud cases being prosecuted by the USAO, DOJ and FBI.

In South Carolina, a disproportionate number of mortgage fraud cases have occurred in the coastal region. Some of the South Carolina counties with high concentrations of mortgage fraud or bank fraud cases include Horry County, Florence County, Georgetown County, Charleston County, Berkeley County, Dorchester County, Beaufort County, Colleton County and Jasper County. Some of the South Carolina cities with high concentrations of mortgage fraud or bank fraud cases include Little River, North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Awendaw, Mt. Pleasant, Charleston, North Charleston, James Island, Isle of Palms, Sullivan’s Island, Folly Beach, Kiawah Island, Hollywood, Ravenel, Beaufort, Bluffton and Hilton Head Island. The reason for the increased number of mortgage fraud and bank fraud criminal prosecutions in these areas is because large number of condominium, condotels, townhouse and similar real estate projects which proliferated in these areas. These real estate developments were popular in areas close to the waterfront and bank lenders were willing to loan money at a furious pace due to a perceived enormous demand.

There are a wide variety of schemes, artifices and conspiracies to perpetrate mortgage frauds and band frauds with which the South Carolina white collar criminal defense lawyer and consumers must be familiar. Typical mortgage fraud schemes or conspiracies that have occurred in South Carolina and elsewhere throughout the United States include the following:

Air Loans. The air loan mortgage fraud scheme is a loan obtained on a nonexistent property or for a nonexistent borrower. Professional scam artists often work together to create a fake borrower and a fake chain of title on a nonexistent property. They then obtain a title and property insurance binder to present to the bank. The scam artists often set up fake phone banks and mailboxes in order to create fake employment verifications and W-2s, home addresses and borrower telephone numbers. They may establish accounts for payments, and maintain custodial accounts for escrows. Phone banks are used to impersonate an employer, an appraiser, a credit agency, a law firm, an accountant, etc…, for bank verification purposes. The air loan scam artists obtain the loan proceeds and no property is ever bought or sold, and the bank is left with an unpaid loan that never had any collateral.

Appraisal fraud. Appraisal fraud is often an integral part of most mortgage fraud scams and occurs when a dishonest appraiser fraudulently appraises a property by inflating its value. In most cases, after the seller receives the closing proceeds, he will pay a kickback to the appraiser as a quid pro quo for the fake appraisal. In most cases, the borrower doesn’t make any loan payments and the house or property goes into foreclosure.

Equity Skimming. In an equity skimming mortgage fraud scheme, an investor often uses a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer’s name. After the closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments, and rents the property until foreclosure takes place several months later. Equity skimming also occurs when a scam artist purchases a residential property whose owner is in default on his mortgage and/or his real estate taxes, and then diverts rental income from the property for personal gain and does not apply this rental income toward mortgage payments, the payment of taxes and other property-related expenses.

Flipping. A flipping scheme occurs when the seller intentionally misrepresents the value of a property in order to induce a buyer’s purchase. Flipping mortgage fraud schemes usually involve a fraudulent appraisal and a grossly inflated sales price.

Foreclosure schemes. Foreclosure scheme scam artists prey on people with mounting financial problems that that place them in danger of losing their home. Homeowners in the early stages of foreclosure may be contacted by a fraudster who represents to the homeowner that he can get rid of his debt and save his house for an upfront fee, which the scam artist takes and then disappears. In a similar foreclosure scheme, Homeowners are approached by a scam artist who offers to help them refinance the loan. The homeowners are fraudulently induced to sign so-called “refinance” documents only to later find out that they actually transferred title to the house to the fraudster and then face eviction.

Nominee Loans/Straw buyers. One of the most frequent types of mortgage fraud occurs when a “straw buyer” is used to hide the identity of the true borrower who would not qualify for the mortgage. The straw buyer or nominee buyer generally has good credit. The scam artist usually fills out the loan application for the straw buyer, and falsifies the income and net worth of the straw buyer in order to qualify for the loan. These fraud scams were popularized with the advent of the “stated income” loans which did not require a borrower to prove his true income and net worth – the bank just believed the income and net worth that was “stated” on the loan application. Straw buyers are often duped into thinking that they’re investing in real estate that will be rented out, with the rental payments paying the mortgage, and are sometime paid a nominal fee outside of closing. In most case, no payments are made and the lender forecloses on the loan. Sometimes straw buyers are actually in on the scam and are getting a cut of the proceeds.

Silent Second. In the silent second mortgage fraud scheme, the buyer borrows the down payment for the purchase of the property from the seller through the execution of a second mortgage which is not disclosed to the lending bank. The lending bank is fraudulently led to believe that the borrower has invested his own money for the down payment, when in fact, it is borrowed. The second mortgage is generally not recorded to further conceal its status from the primary lending bank.

A mortgage fraud is usually reported to the FBI by the financial institution upon which the fraud has been committed. Pursuant to the Bank Secrecy Act of 1970 (BSA), a bank must file a Suspicious Activity Report (SAR) with FinCEN if a customer’s actions indicate that the customer is laundering money or otherwise violating a federal criminal law such as committing mortgage fraud. See 31 C.F.R. § 103.18(a). A bank is required to file a SAR no later than 30 calendar days after the date of initial detection by the bank of facts that may constitute a basis for filing a SAR, unless no suspect was initially identified on the date of the detection, in which case the bank has up to 60 days to file the SAR. See 31 C.F.R. § 103.18(b). Once FinCEN has analyzed the information contained in the SAR, if a criminal activity is found to have occurred, then the case is turned over to the FBI and the DOJ or AUSO for investigation and prosecution. The rise in FBI SARs reports involving mortgage fraud went from approximately 2,000 in 1996 to over 25,000 in 2005. Of those 2005 SARs reports, 20,000 of involved borrower fraud, approximately 7,000 involved broker fraud, and approximately 2,000 involved appraiser fraud.

The FBI has identified a number of indicators of mortgage fraud of which the South Carolina criminal white collar lawyer needs to be aware. These include inflated appraisals or the exclusive use of one appraiser, increased commissions or bonuses for brokers and appraisers, bonuses paid (outside or at settlement) for fee-based services, higher than customary fees, falsifications on loan applications, explanations to buyers on how to falsify the mortgage application, requests for borrowers to sign a blank loan application, fake supporting loan documentation, requests to sign blank employee forms, bank forms or other forms, purchase loans which are disguised as refinance loans, investors who are guaranteed a re-purchase of the property, investors who are paid a fixed percentage to sell or flip a property, and when multiple “Holding Companies” are used to increase property values.

One of the first and biggest South Carolina mortgage fraud prosecutions occurred in the Charleston Division in the 1990’s. It involved nominee borrowers and straw loans made by Citadel Federal Saving and Loan. Over 10 straw purchasers were enticed into the real estate loans by getting paid fees for signing up for the loans. They did not put up any of their own money as part of the deal and when the loans went sour the bank was left with properties that were upside down, that is, the real estate was worth less the the amount of the loan. Some bank insiders were part of the scheme and got convicted for their respective roles.

The range of defendants that a SC criminal lawyer will represent in a typical mortgage fraud case may include straw borrowers or nominee borrowers, real estate agents, developers, appraisers, mortgage brokers, and sometimes even closing attorneys and bankers. Bankers often get involved in mortgage fraud scams because they are receiving kickbacks from the borrowers or are paid bonuses for the volume of loans made and thus ignore proper banking loan requirements and protocols in order to make more money. Close scrutiny should be given to bank loan applications, appraisals, HUD-1 closing statements, borrower’s W-2 and tax returns when analyzing a potential mortgage fraud case for a potential client.

Federal judges who impose sentences for mortgage fraud normally rely upon the United States Sentencing Guidelines, which are now advisory as a result of the U.S. v. Booker case, when determining a sentence. A federal court calculates a particular guideline range by assessing a defendant’s criminal history, the applicable base offense level, and the amount of the actual or intended loss. Section 2B1.1 of the USSG sets forth a loss table which increases the base offense level according to the amount of money involved in the mortgage fraud. Generally, the more money which is lost in a mortgage fraud scam, the greater the sentence the defendant receives. In some cases, a defendant may be subjected to sentencing enhancements which means the defendant receives a greater sentence. A defendant may receive an enhancement for the role in the offense if the court determines that the defendant was an organizer, supervisor, or a recruiter, or used a sophisticated means to facilitate a crime, abused a position a trust, or targeted a vulnerable victim such as a disabled or elderly person. However, federal judges now have wide latitude for imposing a sentence because they must consider the broad statutory factors set forth in 18 U.S.C. 3553(a)which include the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense, the need to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner, the kinds of sentences available, the sentence recommended by the Sentencing Guidelines and any applicable guidelines or policy statement therein, the need to avoid sentence disparities, and the need for restitution.

There are some important strategic decisions which need to be made for the defendant who has been charged or indicted for mortgage fraud. The defendant and his lawyer should seriously consider the consequences of pleading guilty if he has in fact committed the crime. A mortgage fraud defendant can receive up to a 3 level downward departure for pleading guilty. A criminal lawyer representing a mortgage fraud defendant can also file a motion for a downward departure and/or a motion for a variance and argue factors to the court in support of an additional decrease in a defendant’s sentence. The mortgage fraud defendant’s criminal attorney should closely scrutinize the circumstances of the case and the defendant’s background and criminal history in order to help minimize the amount of time to be served. A valuable tip for an attorney representing a criminal mortgage fraud defendant in South Carolina is to consider mitigating factors such as disparate sentences, 5K departures for cooperation, aberrant behavior, property values, family ties, extraordinary rehabilitation, diminished mental capacity, extraordinary restitution should be considered as possible justifications for a lesser sentence.

A white collar criminal defense attorney in South Carolina must have an understanding of the basics of the mortgage fraud in order to adequately represent clients who have been charged or indicted with mortgage fraud violations. Recognizing the difference between the status of being a target, subject or witness can have important consequences in how a case is handled. A white collar bank fraud or mortgage fraud criminal conviction can have life altering consequences for those defendants convicted of the same. A defendant who is charged or indicted with the federal crime of mortgage fraud should consult with a SC criminal lawyer who is knowledgeable about the different types of these scams, how the scams are carried out, the law enforcement investigatory process, the grand jury process, substantive law regarding mortgage fraud, the applicable federal sentencing guidelines and approaches available to minimize a defendant’s potential sentence.

Joseph P. Griffith, Jr.
SC Mortgage Fraud Attorney
SC Mortgage Fraud Lawyer
Joe Griffith Law Firm, LLC
7 State Street
Charleston, South Carolina 29401
(843) 225-5563
http://www.joegriffith.com

Attorney Joe Griffith is a former SC federal prosecutor who focuses on white collar criminal defense of individuals charged or indicted for mortgage fraud and bank fraud offenses.

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September 6, 2010

Find a Cheap Lawyer?

Filed under: california criminal lawyer — Tags: Lawyer — 20100612 @ 1:05 pm

What do Santa Claus, the Easter Bunny and cheap lawyers have in common? A dumb question to be sure, as there is no Santa Claus, Easter Bunny or cheap lawyers; however if you have a legal problem and you need to get it fixed, there are some alternatives to consider before you give a lawyer a retainer.

Paralegals

When talking to a paralegal they cannot give you specific legal advise, but they can talk to you in general terms, and you might be surprised at some of the solutions they might suggest that you as a lay person might not even be aware are available, like talking to the Small Business Administration if you have problems with your business. SBA offices will often times have retired lawyers that they can refer you to get free advise. SBA offices usually have libraries with lots of reference tools that you can use.

Legal Forms Online

One resource that you might consider is Nolo.com which provides many legal forms that you can fill out yourself; many times if the item under consideration is straightforward this can be a simple and easy solution. They also provide articles, many are very topical such as using bankruptcy to avoid or forestall foreclosure of your home. They also have forms for simple wills and simple incorporations.

Mediators

Many times both parties would if possible like to avoid going to court and a mediator might be a solution that works for your circumstances. Divorces in particular using this strategy might save you thousands of dollars, which in this taxing emotional period not introducing or enlarging existing money problems can make a bad situation, a little more bearable.

There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run!

This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.

Fred’s new project http://www.CheapCharliesHotels.com where he reviews cheap hotels, budget guesthouses, discount accommodations and cheap international flights, but is really an excuse to go scuba diving on vacation more, Fred is in Phnom Penh Cambodia planning his next adventure travel tour. Keep up to date with Fred and to view some great pictures go to [http://www.cheapcharlieshotels.com/blog/Cheapcharlieshotelsasiadiscountflightsvisa]

Fred Tittle vacations with lawyers http://www.cheap-lawyers.us/

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September 5, 2010

Have You Been Charged With a California DUI?

Filed under: california criminal lawyer — Tags: California, Charged — 20100612 @ 9:11 am

Have you been charged with DUI? If you live in Los Angeles, Marina del Rey, Santa Monica, Garden Grove, Anaheim, Newport Beach or any other city in Orange County of LA, it could be considered either a felony offense or a misdemeanor. It all depends on the mitigating circumstances surrounding your arrest. Whether a misdemeanor or a felony offense, the wisest move for you to make is to contact a good DUI defense attorney.

A DUI offense can really become quite complicated and the laws are very strict. The punishment for the offense has been tailored to try to dissuade drinking and driving. Therefore they can be quite harsh. A good Garden Grove attorney or one in other cities in Orange County will have intimate knowledge of California DUI laws and can provide your best defense.

Drinking and driving has been known to cause extreme personal pain and suffering, not only to the victim of a DUI accident but also to the offender. If you have been in an accident where you were considered DUI and others have been hurt, a lifetime of regrets on your part will result. So many people have been injured or killed in DUI accidents, that the organization of mothers called MADD (mothers against drunk drivers) has worked diligently to get legislation passed for stricter laws. DUI offenses’ are highly unacceptable in today’s society. Not only the loss of life or severe injuries can occur but the loss of ones reputation as well.

Have you been arrested for DUI? The blood alcohol levels considered to be illegal in California are 0.08% or above. A good DUI defense attorney can prepare your best defense. He will ask you questions about whether you refused to take certain tests or not. What speed you were driving at or were any children involved and was there any personal injuries or property damage caused? He can bring into question the arresting officers protocol while arresting you. A good DUI defense attorney will make sure your constitutional rights have not been violated.

Choosing the best Los Angeles DUI attorney can be of tremendous value and help to you. But not all DUI defense attorneys’ are good. Many are inexperienced or incompetent. Make sure you ask for references or a referral when thinking of hiring a DUI attorney. Follow up by calling these references. Try to find out his or her track record in defending other DUI offenders. Many great DWI counsel in LA are also injury lawyers Los Angeles. A really good DUI defense attorney can even have charges of DUI dismissed if they are well versed in California DUI laws and know how to go about it.

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September 4, 2010

Hit and Run: Criminal Accidents in Los Angeles

Filed under: california criminal lawyer — Tags: Accidents, Angeles, Criminal — 20100612 @ 6:22 am

There are many ways for an otherwise law-abiding citizen to get in criminal trouble in a city the size of Los Angeles without ever intending any wrong-doing or harm. One way to do this is by being involved in a “hit and run” type of incident. It should not be difficult for you to imagine a scenario where you are in a busy parking lot or driving down the street, and for a host of reasons ranging from innocent distraction or noise to less innocuous being overtired or on medication and you hit another vehicle.

This is a common occurrence usually handled by insurance companies or privately between the parties themselves. Sometimes, depending on the severity of the incident, and the damages, and the police will be called. Where things get complicated and criminal is when one party leaves the scene. This is commonly called a “hit and run”.

It does not matter if you left the scene in your car or left your car at the scene and fled on foot or been picked up by a friend. If you have left the scene without providing information or have left inaccurate or false information (The “fake note” scenario).

THE PROBLEM

In California, what is commonly called “HIT AND RUN” is codified in Vehicle Code Section 2002 which provides:

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“The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available or other valid identification to the other involved parties.

2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.”

California Vehicle Code Section 2002 is very clear and specific. It does not matter who is at fault you must comply with the requirements as listed above.

A hit and run can occur even when your car hits a parked car and causes relatively minor damage and you leave the scene. You may not even realize that an accident has occurred. A bystander or eye witness may take down your license plate number and call the police. It is even possible to be in busy traffic, or on the freeway, and be involved in a collision where one or both parties “takes off” or leaves the scene of the incident. You may even lose each other in to the normal flow of traffic, or due to the speed of the vehicle, or road or weather conditions such as darkness, rain or bad lighting. Even in this situation someone can be charged with a hit and run violation. Even failing to provide complete or accurate information can lead to a criminal filing and can land you in jail for up to six months.

THE SOLUTION

Perhaps you were involved in a situation that is similar to this. You may have been sent a letter by the City Attorney. You may have received a telephone call from a detective, or someone may have come around asking questions about you or your vehicle. It is important at this point not to speak to anyone and to seek the advice of a competent attorney and follow that attorney’s direction. An experienced criminal defense lawyer can find the information for you based on the information you give and can locate reports and speak to the officers and parties involved.

An attorney can guide you through this process, keep you out of trouble, and even guide the case back into the civil arena. A Civil case is one where only money is involved (still a problem if you don’t have any) and a criminal case is one where incarceration and loss of ones freedom is involved. A misdemeanor as cited above can carry penalties of up to six months in county jail. If injuries are involved or other issues such as hitting a pedestrian, or you were under the influence you should contact a criminal defense attorney immediately because these types of situations are often classified as a felony hit and run, usually injuries are involved, can carry penalties of more than a year in the State Prison.

Over the years many people who have been involved in hit and runs have come to me and I have helped get them out of trouble. Sometimes I have been able to make sure that no charges were filed and even when charges were filed, I was able to either get them dismissed or have been able to resolve them with relatively minor consequences.

I use many techniques based on years of negotiation and legal knowledge including California Penal Code Section 1377-1378.

California Penal Code Section 1377, 1378 provide:

“When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:

(a) By or upon an officer of justice, while in the execution of the duties of his or her office.

(b) Riotously.

(d) In violation of any court order as described in Section 273.6 or 273.65.

(e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.

(f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code.

(g) Upon a child, as described in Section 647.6 or 11165.6″

An experienced Los Angeles Criminal Defense Lawyer can solve many hit and run cases by negotiating damages and payment for you and protecting you from criminal liability and jail time. By using this code section effectively an experienced attorney can navigate the deep and muddy waters of the criminal justice ocean and get you safely ashore. As an attorney, I can locate the investigator and speak with the investigator. I can contact the other parties and draft letters for them to sign and I know the way to present it to the District Attorney, he City Attorney and the judge so they can “sign off” on it.

Although Penal Code Sections 1377 and 1378 provide for a civil remedy thus allowing the criminal court to dismiss a case, usually a prosecutor has to agree to it and it is most certainly in the judge’s discretion whether to grant a dismissal under Penal Code Section 1377-1378.

Other factors include the severity of the incident, the age of the person involved, prior criminal record, the victim’s desire for prosecution, and other factors not cited here.

August 30, 2010

Criminal Justice Education

Filed under: california criminal lawyer — Tags: Criminal, Education, Justice — 20100612 @ 2:15 pm

California has globally marked its presence in providing standard quality education. No doubt, today California boasts number of renowned schools and universities, which are capable of attracting huge number of students from all across the world. As per the prediction of the Department of Labor (DOL), the number of jobs in court reporting is expected to increase by 25% by 2016. Seeing this considerable rise in number of jobs in criminal justice, many colleges in California have started providing a range of criminal justice programs. In fact, criminal justice programs are highly preferred by the students in Californian colleges due to tremendous demand in law enforcement and related fields. These days millions of students enroll in various collages of California (especially in criminal justice) every year for preparing themselves to match up the current market openings.

If you are one of those who are looking forward to making career in justice, here are some of the best programs offered by the various colleges and universities of California that may further enable you make a profession in respective fields:

Court Reporting: You can select court reporting associate degree or diploma programs offered by various criminal justice schools located in California. Once you complete the program, you can easily start your career as a court reporter. As a court reporter, your work responsibility will be to record court testimony, speeches, legal proceedings and other events. No doubt, today the job opportunity for court reporters and deposition reporters are immense in California and so many students are opting for court reporting program in California’s best schools.

Business Security and Assurance: Business security and assurance professionals are high in demand and their main role is to protect the information infrastructure from unscrupulous hackers or other evildoers in various institutions. For students who are interested to begin their career in business security can obtain an MBA Degree that is available in different schools of California. The curriculum of the degree program is primarily focused on the different aspects that are important for securing corporate computers and networks like network forensics, database integrity, information security auditing, etc. Once you complete the program, you can pursue your career in business security as a network security manager, risk manager or information security officer.

Criminal Investigation: Pursuing a career as a criminal investigator in California can be an exciting and rewarding profession. The curriculum of this program is focused on the investigation part of any crime scene. Apart from theoretical legal aspects, students are practically taught. As a criminal investigator, your responsibilities include major duties like assessing and processing the crime scene, preparing detailed crime reports, briefings with police agencies and many more.

With so many degrees and programs and lot of recognized universities, California is rich in providing not only higher but quality criminal justice education.

If you are located in California and want to make career in Criminal Justice then find top criminal justice schools in California and choose best criminal justice course for you and start your career education. For more information visit CriminalJusticeU.com

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August 28, 2010

How to Find a Top Los Angeles Criminal Defense Attorney

Filed under: california criminal lawyer — Tags: Angeles, Attorney, Criminal, Defense — 20100612 @ 12:41 pm

In a Southern California city such as Ventura, Pasadena, or Los Angeles, criminal lawyers are a dime a dozen. But how do you find the most qualified counsel out of the many expert lawyers in California? Which defense counselor in San Bernardino is immensely educated in forgery law, DUI/DWI law, writs and appeals law, or assault law? A person wanting to hire a Los Angeles criminal defense attorney has to ask himself/herself these questions! People are stunned to realize that many of my clients are first time lawbreakers, who because of dubious circumstances are arrested and charged with a criminality. Sound familiar?

Many of my customers are word of mouth referrals, referred by acquaintances, people in their network or their lawyer. Being referred is the starting step, but how do I, as a prospective client, know if this criminal defense attorney is most appropriate for me? My administrative assistant, Cynthia, is the first person who has communication with a prospective customer. Cynthia is frequently asked if the criminal attorney has any experience handling criminal court trials just like theirs and what is my success rate? Often the client will directly ask me those same question.

Those are terrific questions that need to be answered honestly. But how do you know if your criminal defense attorney is honestly telling you the truth? “Buyer beware”- there are a lot of attorneys out there who will exaggerate the facts when it comes to their qualifications and previous experience – my investigator, refers to this puff as the attorney at law “selling wolf tickets”.

To help you find a Los Angeles criminal defense attorney who is suitable for you and your criminal court case, here are five easy steps to help you choose a competent criminal defense attorney.

5 steps to find a criminal defense attorney in Los Angeles

Know the crime you have been arraigned with. Ask colleagues and friends for recommendations to criminal lawyers. Word of mouth is a great way to find an lawyer that’s right for you. You will feel more confident hiring a criminal defense legal representation who was recommended by someone you trust.
Go online to expand your list. A good site to find good criminal lawyers is lawyers.com. Simply type in the area of law and location to determine your query. For example, “Riverside criminal attorney”, or to be even more precise, “drug trafficking attorney San Diego”.
Research the list of attorneys you’ve put together. Find out how long they have been practicing criminal law (general rule of thumb is at least 15 years), how many criminal law court litigations they have won/lost. In California, you can look up an attorney’s undergraduate and law school schooling and how long they have been admitted to the bar at The State Bar of California website. More importantly, check whether the lawyer has an AV Peer Review Rating on lawyers.com website. This rating is a recognition of the attorney’s legal competence and adherence to the highest level of professional ethics as judged by other attorneys and judges.
Ask the legal representation about the fees. Depending on the counsel, rates can vary greatly from $100/hour to over $750/hour. Get his/her costs schedules up front to know precisely what you will be paying. Never be in agreement to work with an attorney that charges a percentage of the total settlement he/she gets for you. It is unethical for the attorney to do so.
Meet with the attorney in person. But before meeting, make sure you find out whether there is an initial consultation fee. Ask as many questions that pertain to your criminal case as possible. Get an overall sense of how comfortable you feel and whether or not he/she is competent enough to represent you in the court of law. Does the defense counselor ask appropriate, sensible questions? Will he/she handle the case or let junior associates do the work?
To hire the best Los Angeles criminal defense attorney, ask to see their track record in writing and then go to the court and check them out!

Tom R. Medrano is an aggressive Los Angeles criminal defense attorney who has been serving clients throughout southern California for over 30 years. He has been an AV rated lawyer for more than 10 years. Areas of expertise are in laws relating to murder, manslaughter, homicide, sex crimes, robbery, drug trafficking/possession, theft, business fraud, credit card fraud, domestic violence. FREE consultation and available for appointments on weekends if requested. Call Now 626-577-4940. Visit us at http://www.crime-attorney.com

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August 26, 2010

A Quick Guide to Lawyers

Filed under: california criminal lawyer — Tags: Lawyers — 20100612 @ 6:56 am

Lawyers specialize in a wide number of fields from personal injury and criminal law to immigration, business and finances. But what do these lawyers actually do? There is a wealth of misinformation available to the average consumer, and you may be confused where to start looking.

Finding a good lawyer is essential, but if that lawyer doesn’t specialize in the specific area in which you need them, it doesn’t put you in the best situation. You don’t want to hire a lawyer who specializes in divorce to help you with a personal injury suit, and vice versa. Thus it’s imperative that you find not only a good lawyer, but one who really knows specific information about your problem. Here is a brief overview of some of the most popular types of lawyers and what they do:

Criminal Lawyer

A criminal lawyer is the highest profile lawyer for good reason. Criminal lawyers handle statutory and common law crimes and the punishment of criminal offences. They deal with every aspect of criminal law, with the state defender, or prosecutor, defending the state’s interest and the defense attorney representing the defender. They defend against and prosecute crimes against the person (assault, murder, rape, etc.), crimes against property (arson, theft, larceny etc.), crimes against justice (bribery, perjury etc.) and other myriad lesser criminal offenses.

Divorce Lawyer

Divorce lawyers focus on any and all matters concerning divorce. This applies to any proceedings, including prenuptial agreements, division of property, alimony or spousal payments, child support, and more. Most individuals going through a divorce generally hire a divorce lawyer to take care of all legal matters. Much of the time a good divorce lawyer can make all the difference in how messy or clean your divorce becomes.

Accident Lawyers or Personal Injury Lawyers

Accident lawyers, also known as personal injury lawyers, specialize in legal claims relating to auto accidents and vehicle claims, dangerous or defective products, medical and health care malpractice, workplace injuries (worker’s compensation), wrongful death, and a slew of other accidental incidents that warrant legal procedures.

Immigration Lawyers

Immigration lawyers handle any matters pertaining to immigration, including citizenship and naturalization proceedings, permanent residence, green cards, work visas, asylum, deportation hearings, family-based immigration waivers, and any other legal issues surrounding immigrants to the US.

Financial and Business Lawyers

Financial lawyers deal with a wide range of business and personal investments, savings products and services. These include mortgages, banking, brokerage services, commodities, claims, mutual funds, stocks and bonds, and other securities. They are in charge of taking care of all legal requirements and formalities surrounding any financial issue. They are also helpful for starting and operating businesses, including: LLC’s, corporations, and partnerships.

myabogado.com

Marcela De Vivo writes on behalf of myabogado.com, a directory specializing in law related resources.

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August 24, 2010

Pennsylvania Criminal Lawyer

Filed under: california criminal lawyer — Tags: Criminal, Lawyer, Pennsylvania — 20100612 @ 12:50 pm

There are many different acts that a person can be convicted for under criminal law, and a Pennsylvania criminal lawyer is trained to deal with all of these different legal issues. Anyone convicted of a crime could face punishment ranging from a fine to a long term prison sentence depending upon the conviction. Hiring a Pennsylvania criminal lawyer enables you to fight for your rights and could make the difference between a harsh sentence and leniency.

A Pennsylvania criminal lawyer deals with all sorts of cases, including theft, embezzlement, manslaughter or murder, sex crimes, drug related crimes, fraud, assault, and violent crimes to name but a few. Many of these crimes carry very harsh sentences, and without the assistance of a Pennsylvania criminal lawyer you could end up in a worse case scenario. However, with the expert knowledge, skill, and negotiation of an experienced lawyer in this field, there could be a big difference in the outcome of your trial.

It is important to seek the assistance of a Pennsylvania criminal lawyer as quickly as possible after being arrested for a criminal act. You need to ensure that you have the right legal advice and that you know your rights from the very start of the process in order to give yourself the best chance of either proving your innocence or getting a lenient sentence if convicted. However, getting legal assistance does cost money, and many people arrested for criminal acts simply cannot afford the fees associated with getting legal help.

Prepaid legal services can prove a real asset in this situation, as this type of service enables you to enjoy access to legal services for a wide range of issues. For a nominal premium you can enjoy peace of mind that legal help is always at hand when you need it, no matter what your financial situation is like at the time. Having prepaid legal services means that you can quickly enlist the assistance of an experience lawyer that has expert knowledge in the field of criminal law – which could make all the difference to your case.

Find the right Pennsylvania criminal lawyer [http://richardcunningham.net/category/legal]

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August 12, 2010

Uncover the Full Scoop on Anyone’s Past With This Online Background Check!

Filed under: california criminal lawyer — Tags: Anyones, Background, Check, Online, Uncover — 20100612 @ 9:49 pm

If you are ever curious about what’s in someone else’s past, an online background search enables you to discover this information. If you’re wondering what is in somebody’s history, today we cover the easiest way to run a personal background search.

Utilizing background check can prove useful under many instances.

For numerous folks, they are merely curious! Discovering information about any person you are wondering about can be quite amazing.

Having said that, other folks have more specific reasons to utilize a background search such as needing to look into an individual they are employing or dating.

You can attempt to put the persons name into a search engine to see what it brings up. Every now and then you’ll locate usable info this way, though likely there won’t be what you are looking for.

Utilizing a professional background search website is the easiest way to make sure that you get usable results. You can locate licensed businesses online that specialize in delivering background searches.

You are able to utilize one of these internet sites to uncover info on anyone by searching through their background report database. Though these databases may also be used by investigators, they are also accessible to anybody with a personal computer.

You merely contain to type in the individuals name, click search and the information will be immediately shown on your screen.

The information that you will locate is pretty amazing.

Not only will you have the ability to find out if the person has court records, but normally you will get info on their address history, marriage records and employment info. Depending on the individual, there could be other types of information that may be available.

What you pay for making use of this type of background check is not a lot – an individual search will typically cost about twenty dollars. As well, for just a little bit more you can get a special membership which lets you run as many searches as you would like for the one-time fee. This is a great choice since you are able to utilize this service whenever you need in the future.

Utilizing a background search offers you a simple way to discover facts on anybody you need. You don’t need to hire a private investigator, just hop online and you’re on the way!

Running an online background check isn’t complicated – you just type in the person’s name and you’re off to the races.

Click here to check out a free sample search to see how it works!

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August 11, 2010

California DUI Defense

Filed under: california criminal lawyer — Tags: California, Defense — 20100612 @ 6:12 am

DUI is a criminal offense in California. It can be considered a misdemeanor or felony under the state law. Therefore a good DUI defense is absolutely necessary if you ever get charged with a DUI case. Penalties or punishments are based on the circumstances involved in the DUI incident. A good DUI defense attorney should have prior knowledge of the DUI laws in the state in order to defend you perfectly in a DUI case. DUI laws are varied in different states, but some laws are common to all states. Strict laws are meant to criminalize those who drink and drive – an act which causes great casualties to people and property.

DUI defense becomes complicated under certain circumstances and could lead to harsh punishments. These are high alcohol level in the driver’s blood, involvement of children, vehicle’s high speed, refusal of chemical test by the driver, intensity of injury or property damages, and so on. These increase the complexities of any DUI cases. Use of potential defense factors becomes necessary here. Like blood test report for alcohol level, questioning of arresting officer critically, etc. In this way the expert DUI defense attorney can help you to get maximum benefits in any DUI case. But the big question is to find a good DUI defense lawyer among many inexperienced and incompetent defense lawyers.

Being involved in a DUI case is serious business in California. An expert and experienced DUI attorney is needed for defense against DUI charges. As a lawyer it is their job to know the law of the state and its implications. They can guide you in every aspect of magisterial proceedings of a DUI case. Expert DUI defense could even dismiss the DUI charge label against you. Before hiring a DUI attorney, his or her authenticity and experience should be checked, because a DUI charge is full of frustration and anxiety.

California DUI Lawyers provides detailed information about California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is the sister site of Florida DUI Attorneys [http://www.e-FloridaDUI.com].

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