Evidence Filed by Prosecutor or When the FBI is Investigating You

Evidence filed by a prosecutor or when the FBI is investigating you can be requested by lawyers by means of a court procedure called "discovery." Lawyers know evidence filed by a prosecutor or the FBI is really up to their discretion. Some evidence may be excluded from a client file, whether intentionally or unintentionally. The evidence most likely to be excluded either done malevolently, forgotten, or federal agents were simply unaware of the evidence, is evidence that does not exist in some tangible form. Evidence beneficial to a criminal client that is not recorded, written down, documented, stored or discovered may not ever come to light without a thorough and expert investigation by federal criminal lawyers hired by the defendant.

Criminal discovery is very restricted, even in federal cases where penalties are severe and the stakes are much higher. The prosecuting attorney need only reveal "Brady evidence," evidence that is exculpatory in nature. The prosecutor need not reveal the names of the witnesses until after s/he has testified. However, many times the best federal attorneys working on the defense will figure out who the prosecutor's witnesses are by investigating the criminal case. LibertyBell Law Group lawyers like to know who the witnesses are so they can investigate, prepare, and question the witnesses. Attorneys commonly attack the credibility of the witness by showing character flaws, witness compensation, and inconsistent statements.

A defendant accused of a crime in federal court is advised to hire a private criminal lawyer experienced in federal defense cases and working with federal agencies and prosecutors. LibertyBell Law Group's private criminal lawyers work on a team with other attorneys and experts who have the time and resources to conduct a thorough investigation to bring to light evidence favorable to the defendant.

Private federal criminal lawyers hired by the defendant will be able to dedicate much more time to your case than a public defender. Read this article on Public Defenders vs. Private Attorneys for Defense to learn more about the obstacles public defenders face.

It is imperative that a defendant accused of a federal crime hire a criminal lawyer, as prosecutors have roughly twice the budget as public defenders do to investigate, prosecute and convict. It is well known among attorneys that public defenders have limited resources, though they may have the best intentions.

It is important to note that discovery in a criminal case can only be requested in a pre-trial stage. That is, if the defendant chooses not to go to trial and to plea bargain, discovery cannot be requested by the lawyers. This fact is more incentive to hire a criminal lawyer for your federal case. An expert criminal lawyer from LibertyBell Law Group will know which route will give you the best result, whether by plea bargaining or trial. When your life is on the line this may be the most important decision you make. You need the best legal advice from top attorneys.

If you are under investigation by the FBI, federal agents, or detectives, speak to top criminal lawyers and call 855-LAW-PRO1 (855-529-7761) now.

Federal Defense by Attorneys on Tax Crimes

The best federal defense by attorneys for tax crimes often involves preventing the case from being referred by the IRS to the U.S. Department of Justice for criminal prosecution. The likelihood of non-referral is highest at the beginning of an audit or an investigation and diminishes significantly with time. Once the case has been handed over to the prosecutor, the difficulty of having the case declined is at it's highest.

Attorneys know attempting to convince the prosecutor to decline the case is a risky endeavor and many factors must be considered. What and how evidence is presented must be carefully thought out as an attorney must lay bare at least part of the federal defense strategy that may be used later if the prosecutor decides to go forward with trial.

If the client is indicted for other co-occurring crimes along with federal tax fraud and evasion, it is not likely a prosecutor will decline a case. In these circumstances, the attorneys on the defense are probably best not to pursue a pre-indictment conference.

Most common federal crimes occurring with tax fraud and evasion:

• Money Laundering
• Drug Trafficking
• Mail Fraud
• Mortgage Fraud
• Health Care Fraud

A solid federal defense presented by attorneys to the prosecutor, pre-indictment, involves a strong legal argument based on facts. The argument presented by the attorneys for the defense will depend on the goal. For instance, is the attorney attempting to persuade the prosecutor to throw out the case completely or pursue lesser charges, such as a misdemeanor instead of a felony. The same analogy may be applied when attorneys present a defense in a trial, much will depend on the goal.

Regardless of the federal defense goal, attorneys must be diligent in performing an investigation prior and be ahead of the prosecutor for a successful outcome. This is essential even if the prosecutor goes to trial and even from the minute attorneys were hired and all throughout the case. Preventing a federal criminal case or resolving the case successfully and as quickly as possible is often the goal of attorneys working on the defense. However, when necessary or if the client does not authorize anything but a trial, attorneys will vehemently lay out all their cards in front of a jury and judge for them to decide. 

If your taxes are being audited or investigated by federal agents or you are suspected of tax fraud and evasion crimes, it is imperative to commence your federal defense with attorneys immediately. Speak to an attorney now at 855-LAW-PRO1 (855-529-7761).

Federal defense requires attorneys with experience in both the civil and criminal law aspects of tax fraud and evasion, and trials, such as the lawyers from LibertyBell Law Group. These lawyers have an impressive and perfect Avvo 10 rating and have also received the coveted "Top Trial Lawyers" award. Read their verified client reviews and ratings at www.LibertyBellLaw.com.

Lawyers on Defenses for Ponzi Schemes

When criminal lawyers prepare a defense for a Ponzi scheme case, most often they are defending the client against allegations of fraud, as that is the most common charge. Ponzi scheme cases usually also involve other co-occurring charges. It is vital for a lawyer to have experience in the defense of all charges and Ponzi schemes.

Lawyers note Ponzi schemes commonly involve one or more allegations:

• Fraud
• Conspiracy
• Tax Evasion
• Mail Fraud
• Wire Fraud
• Money Laundering
• Securities Fraud

Lawyers point out that not all alleged Ponzi cases are alike and each must be evaluated on its unique characteristics. Criminal lawyers must all consider the local laws if the case occurs in a state court, as the courts and judges differ in the handling of Ponzi cases, which may be influenced by past court rulings in that area. Though, Ponzi scheme accusations are commonly processed in federal court which requires experience in federal courts.

Lawyers may need to not only defend allegations of operating a Ponzi scheme in criminal court but also against a civil lawsuit. A civil lawsuit may be pursued by the government and/or investors. A defense of Ponzi scheme must take into account the implications and outcome that interrelated cases have on each other.

Best Defense of a Ponzi involves Disproving Fraudulent Intent

One of the key underlying factors that must be proven to establish a Ponzi scheme existed is fraudulent intent. LibertyBell Law Group's criminal lawyers emphasize that the courts have found some circumstances weigh heavily towards the presumption of fraud.

Factors considered heavily by the courts;

• A legitimate business operation connected to the investment program
• The size of the business operation in comparison to the amount of investments
• The promise of return on investments
• The time period in which debt was incurred by the debtor

In building a strong defense, criminal lawyers may choose to engage in fact development  that paints a positive picture taking account all possible factors mentioned above. Criminal lawyers can more easily build a strong defense in Ponzi cases that rely upon circumstantial evidence. A plea agreement in which the defendant pleaded guilty in a criminal case can be used to establish fraudulent intent in a civil lawsuit. Thus it is vital for a defendant to get the best defense by top lawyers in a criminal Ponzi case. However, lawyers may also argue the amount of liability as well as the absence of fraudulent intent in a civil case.

A good defense for an accusation of operating a Ponzi scheme usually involves criminal lawyers proving  absence of negligence, absence of recklessness, and absence on intent. Lawyers must show the client had no intent to manipulate, deceive, or defraud investors. If the client worked with business partners or employees, lawyers may seek to establish that key decisions were made by others. However, some courts do not accept this defense.

Top criminal lawyers work with a team of attorneys and experts in investigations, finding and questioning witnesses, and pooling their brain power in building a winning defense. It takes great skill to build a case outside of the courtroom and also during a trial, where they eyes of the jury and judge examine every move and word. Lawyers from LibertyBell Law Group are recognized for their skill in trials and received the nationally recognized and prestigious "Top 100 Trial Lawyers." LibertyBell Law Group has also received a superb lawyer rating of 10 in Avvo, which is a perfect score.

If you are being investigated or accused of operating a Ponzi scheme it is imperative you receive counsel by a top lawyer immediately. The earlier a lawyer can intervene in your case, the better. Speak to a lawyer now and call 855-LAW-PRO1 (855-529-7761).

Defenses Used by Criminal Lawyers for Embezzlement

There are numerous defenses that used by criminal lawyers for embezzlement. However, a civil and criminal defense for embezzlement is customized by the lawyers according to the specifics of the embezzlement case. Criminal lawyers will also tailor an embezzlement defense by taking into account the trial court, judge, and state laws and recent court rulings. Federal embezzlement cases are also handled differently by attorneys.

When embezzlement is charged with another crime, the complexity of the case increases dramatically and so does the sentencing and imprisonment, if convicted. Complex embezzlement cases require a defense by criminal lawyers with expertise in these different crimes. LibertyBell Law Group's criminal lawyers have successfully represented clients in both state and federal courts all across the country for embezzlement and other many crimes.

Embezzlement is sometimes also charged with:

• Money Laundering
• Fraud
• Wire Fraud
• Mail Fraud
• Falsifying Documents
• Theft
• Grand Theft
• Larceny
• Grand Larceny
• Identity Theft

Embezzlement Defenses Used by Lawyers

Criminal lawyers experienced in these types of cases can developed winning defenses based on many factors. An accusation of embezzlement hinges on evidence and criminal intent. If hired early enough, criminal lawyers will attempt to prevent embezzlement charges from being filed and resolve the case out of court by civil law means. Most commonly, if there is a mountain of evidence and paper trails, lawyers will seek to resolve the matter for the client with restitution. Of course, the best lawyers know how to argue for the least amount of restitution and the most convenient payment terms for the client.

Insufficient Evidence Defense for Embezzlement

The first line of action a criminal lawyer will take after an embezzlement case has been filed, is either preventing evidence from being entered or arguing for insufficient evidence to get the case dismissed. LibertyBell Law Group's best federal and criminal lawyers are adamant on pursuing this defense as many as 40% federal embezzlement cases are dropped because of insufficient evidence when counseled by the best criminal attorneys.

No Criminal Intent

Embezzlement is one of those crimes wherein criminal intent must be proved beyond a reasonable doubt by prosecuting attorneys. Criminal lawyers know that criminal intent can be disproved when the owner, manager, or key peers were well aware of the fact that money or property was being transferred to you. For instance, if money or property was given, paid, or reimbursed to you, especially on a regular basis under watchful eye, criminal intent can be very hard to prove. It is the job of your criminal lawyer to ascertain if this is the best defense for you. LibertyBell Law Group's federal and criminal lawyers, who work with experts and are highly skilled in presenting evidence and witnesses that are beneficial, make decisions on defense based on what will win.

Defense of Duress

Criminal lawyers use the defense of duress for embezzlement when a defendant  believes s/he will be in danger or receive some sort of harm for not participating in a crime. Attorneys sometimes use the duress defense for embezzlement if the defendant was thought to lose employment if s/he did not participate in the embezzlement, such as when coerced by a supervisor. These types of embezzlement cases are sticky and must be represented by top criminal lawyers to achieve an effective defense.

Entrapment

Criminal lawyers use the entrapment defense the least as it rarely occurs. In embezzlement cases, the entrapment defense is most commonly used in the political arena by criminal attorneys. Private businesses generally do not solicit law enforcement to entrap someone. In order for a entrapment defense to win, criminal lawyers must prove the defendant was not inclined to commit an offense of embezzlement under other circumstances.

If you are being investigated or accused of embezzlement, it is imperative you contact the best federal and criminal lawyers now at 855-LAW-PRO1 (855-529-7761), before everything spirals out of control and ideally before charges get filed. LibertyBell Law Group's criminal lawyers may be able to prevent embezzlement charges from being filed, which otherwise can result in lengthy prison terms, hefty fines and court ordered restitution. The earlier our criminal defense law firm is able to intervene and hinder the investigation the better it is for you.