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.

Use of Witnesses in Federal Drug Trafficking Conspiracy Cases

Lawyers working for the defense of  Norbeto Alaniz in a huge federal drug trafficking conspiracy case did not win their appeal. The lawyers claimed the federal court abused its discretion by not releasing dates of birth and social security numbers of informants.

The federal case included charges of drug trafficking, money laundering, and conspiracy thereof. The drug trafficking operation involved the Mexican drug cartels, Los Zetas and the Gulf cartel.

The best federal criminal lawyers working regularly on cases involving drug trafficking and conspiracy are more likely to use new evidence and arguments to win an appeal. New evidence is extremely unlikely to surface in a drug trafficking federal case as a result of obtaining a social security number or birth date of an informant. Especially in light of the true names of the informants being revealed to the defense as well as other information such as their criminal histories, background information, prior testimonies, and plea agreements.

Federal lawyers working on the defense have the odds against them, as only 3% of federal cases are won.  Hence the reason why some federal criminal lawyers will argue the evidence and testimony admitted to lessen sentencing and time in prison. Top federal lawyers will attempt to get probation for clients when a mountain of evidence exists including video or audio recordings.

During the Alaniz case trial, one witness informant was asked by counsel if he reported his income to the IRS, which was rejected immediately by the court as it was irrelevant to the drug trafficking conspiracy charges of the defendants.

How Top Federal Lawyers Win Against Drug Trafficking Allegations

Top federal lawyers can prevent or lessen charges filed if hired early enough or greatly reduce sentencing and even get no prison time in lieu of probation. It's important to note that private federal lawyers are much more effective than free public defenders as they have the resources and especially the time to build a strong case and go against the power and resources available to the prosecutor.

Top federal lawyers work on a team with other federal lawyers and experts and have the resources and expertise to comb through a federal drug trafficking case. LibertyBell Law Group's federal criminal lawyers also have expertise in taking apart a witness' testimony and rendering them useless for the benefit of the client.

LibertyBell Law Group lawyers may take on many tactics in questioning evidence or witnesses in federal cases. Mostly because experienced federal lawyers know that the amount of evidence entered and argued against is a key component. However, federal lawyers use the most relevant evidence in making the best arguments to build a strong defense. Federal lawyers also know how to handle witnesses used by the prosecution to hinder their testimony. They also have their own experts and know how to find and present their own witnesses to slice away at the prosecution's arguments.

Federal lawyers from LibertyBell Law Group are known for their exceptional abilities and successes in federal cases. LibertyBell Law Group's Gina Tennen, a top federal and criminal lawyer, has been chosen as one of the nation's "Top 100 Trial Lawyers". Recently recognized in the news, Tennen and her team of federal lawyers also recently won a federal case and got her client a "not guilty" verdict.

If you are accused of or being investigated for federal drug trafficking, call the federal attorneys from LibertyBell Law Group now at 855-LAW-PRO1 (855-529-7761)!

Criminal Attorneys on Federal Defense for Tax Evasion of Payroll Taxes

Criminal Attorneys, the best ones, custom-make federal defenses for a charge of tax evasion of payroll taxes. If federal criminal attorneys were to use the same defenses for all cases, prosecutors would be able to anticipate what they're next move would be and lodge an effective prosecution strategy. However, there are federal defenses that experienced criminal attorneys can tell you will not work under most conditions so you can be better informed on what is not a good defense tactic.

The Best Defense Is Before Tax Evasion Charges are Filed

If you are being investigated for tax evasion it is imperative and vital that you only say "speak to my  criminal attorneys" and do not utter another word to IRS agents, detectives, and law enforcement. Experienced federal criminal attorneys know that even saying something such as "I don't have to talk to you" or "I'm not saying a word" can be used against you in a federal court.

The best defense against a federal charge is, of course, hiring a criminal attorney before charges get filed. Criminal attorneys can effectively protect your rights and know how to mount a defense, talk to the IRS agents, hinder the investigation, and either prevent charges from being filed or lessen the severity of charges filed.

After, charges have been filed, it is essential your criminal attorney start working on a defense immediately. The earlier a criminal attorney can start working on a federal case of tax evasion the much easier it is to defend you and be one step ahead of the prosecution.

Criminal Attorneys Know These Defenses are Not the Best

When federal criminal attorneys defend a charge for tax evasion of payroll taxes they know that a claim of being deceived by the accountant is not going to work well, as past tax evasion cases have shown. In fact, federal attorneys know a business owner can be liable even if the owner had no knowledge the IRS was not being paid payroll taxes. In past cases, federal prosecutors have been successful in expressing that business owners have the authority and responsibility to ascertain payroll taxes are paid.

Another federal defense criminal attorneys say won't work is one based on a business owner claiming payroll taxes were not paid because he or she was trying to keep the business afloat. However, criminal attorneys know federal prosecutors are much harsher in sentencing if the business owner was using the money owed to the IRS to buy luxury items, expensive cars and lavish homes versus just trying to keep the business alive and pay other bills, if the accused were found guilty.

The IRS is aggressively taking on many more employment tax cases and charging smaller businesses with tax evasion. Because of increased hardball efforts against tax evasion of payroll taxes, if you are being investigated or charged with tax evasion, it is to your benefit to hire a team of criminal attorneys and experts right away. LibertyBell Law Group's team of federal criminal attorneys and experts unite their brain power, expertise, and resources to build you an effective and successful defense.

Know that tax evasion, especially of payroll taxes, is a very serious crime, even more so than income tax evasion. A conviction on tax evasion can land an individual numerous years in prison, and having to pay huge fines, penalties and restitution if not effectively defended in a federal court. If your life, business, and reputation is on the line, call our best criminal attorneys now at 855-LAW-PRO1 (855-529-7761).

Info Criminal Lawyers use in Filing an Appeal

Criminal lawyers consider many factors in filling an appeal and post-conviction relief remedies. Different states have different laws regarding the number of days that you can file an appeal or years that you must have a clean record before applying for post-conviction relief.  Some states have anywhere from 7 to 60 days to file an appeal. Usually it's between one to five years before you can apply for post-conviction relief.

When filing for a post-conviction relief remedy, a criminal lawyer can best demonstrate that you are completely rehabilitated and are not likely to commit another crime.  A criminal lawyer may even be able to get the conviction erased with an absolute pardon. A pardon is also called a clemency. Depending on your individual case, a criminal lawyer can also seek  a conditional pardon, which means the crime is excused. Know that the appeal process can take a month or even a year, even by the best criminal lawyers. There are deadlines, court procedures, and legal papers that criminal lawyers have to file, though each state has different rules and requirements.

Criminal lawyers who work in all states also know the unique characteristics of the judges and their individual preferences and what they want to see. Criminal lawyers also know that there are other considerations a judge will consider, such as, is the person contributing to society in some way. Criminal lawyers show a positive contribution to society by a person in many ways, like holding a long-term job, volunteering in a non-profit organization, improving education with classes or enrolling in a college or university and more.

Top Factors for a Successful Appeal or Post-conviction relief

• New facts showing the defendant cannot be found guilty beyond a reasonable doubt
• New interpretation/perspective of facts that ideally includes newly discovered evidence
• Completion of confinement or probation
• All fines are paid
• No other arrests or convictions (besides traffic violations) have occurred
• Significant changes to laws regarding your conviction, especially sentencing laws, or new court rulings.
• If you were not convicted or found guilty, fingerprints , photographs and DNA evidence may be removed from your record. A record of arrest may also be removed if the charge was non-violent or serious. Most arrests not resulting in a conviction can be removed from your record in most states.

Persons with federal convictions can apply for a pardon, which is extremely hard to get. From the time Obama started his presidency only 39 pardons have been given. A federal lawyer can assist you with a federal pardon.

There are many types of appeals or motions a criminal lawyer can use strategically to benefit your case. The way in which a criminal lawyer files an appeal or motion depends much on the individual characteristics of your case, state laws, recent court rulings, the judge and much more. Only  experienced criminal lawyers can best assess your unique case and determine which is the best route to take.

There are also many different post-conviction remedies that can be taken to change or remove all criminal spots from your record. A criminal lawyer specializing in post-conviction remedies and appeals can assess the best route to take, which will depend on many factors. Speak to a top lawyer now, and call 855-LAW-PRO1 (855-529-7761) if you need expert help.

Selecting & Preparing a Corporate Witness for Rule 30(b)(6) Deposition

Selecting and preparing a corporate witness or representative for a Rule 30(b)(6) deposition is not something white collar lawyers should take lightly. Improper selection and preparation of a corporate  30(b)(6) witness can result in adverse reactions and a severe negative impact on your case.

Adverse consequences of inappropriate and uneducated 30(b)(6) witnesses:

• Unfavorable binding admissions that cannot be debarred from contrary positions at trial
• Privilege Waiver
• Sanction based on lack of good faith
• Sanction based on prejudice to opposing side
• Sanction based on disruption of the proceedings
• Sanction that includes awarding attorneys' fees and costs

It is important to note that the 30(b)(6) witness is representing the knowledge of the corporation and not of herself. In other words, the corporation is answering indirectly via its Rule 30(b)(6) deposition by its designee. That being said, it is assumed that the designated witness chosen by the corporation is not giving a personal opinion. The 30(b)(6) witness is giving the corporation's position on the topic, which includes the corporation's knowledge of facts, and subjective opinions and beliefs.

The 30(b)(6) witness's binding admissions are limited to the list of topics the requested party provided. However, the topics cannot be quasi legal arguments or a party's contentions. Nor can the corporate 30(b)(6) witness be expected to articulate legal positions that should be done by the corporation's white collar lawyers. According to the Rule, the topics must be of a "reasonable particularity," that is, not general topics, but rather topics should be concerned with the details in a reasonable manner. Courts have ruled that topics in the deposition are not the end of inquiry but rather the start of inquiry. There is no limit in Rule 30 on the number of topics.

Corporations may choose to have different Rule 30(b)(6) witnesses to represent different deposition topics. A corporation may choose to have a single representative witness to answer on all topic areas, which would force the examining party into a single seven hour day to take the 30(b)(6) deposition. The downside of having a single 30(b)(6) witness is that there may be an inability to address the topics or the company's complete story. The examining party can also apply to expand the length of time for deposition. 

Having separate 30(b)(6) witness depositions can considerably expand time allowed as each 30(b)(6) witness can be subject to a separate one-day seven hour deposition on their respective topics.

Lack of Knowledge by a 30(b)(6) Witness

The deposing party can impose sanctions, bar the corporate party from introducing evidence at trial on a particular topic, and compel the company to produce additional corporate witnesses if there is a lack of knowledge by a 30(b)(6) designee. However, in order for deposing counsel to advantage these alternatives at trial they must make certain tactical actions such as filing pretrial and discovery motions.

When there is a lack of knowledge by a corporate witness the corporation is obliged to provide another 30(b)(6) witness. If the corporate witness makes a claim that she lacks knowledge, this can be considered an admission of no corporate knowledge or position on that topic by the examining lawyers. The opposing lawyers may then prevent the corporation from admitting evidence on that particular topic or query area of interest. Only when it can be proven that information was not readily available at the time of deposition can a position on that subject matter be entered at trial. Some courts have even ruled impeachment if the 30(b)(6) witness deposition is different from the trial testimony of the witness.

Careful Selection and Preparation of a 30(b)(6) Corporate Witness

The facts are clear, white collar lawyers need to carefully select and prepare 30(b)(6) witnesses and must allow sufficient time to do so. Know that even the steps taken to prepare a corporate witness is discoverable. White collar lawyers have to be careful not to expose corporate witnesses to privileged documents. White collar lawyers should also not be the main source of information on facts. Witnesses can be prepared by review of relevant corporate documents, interviews with lower level employees, and contact with affiliates or subsidiaries. Corporates witnesses are also not required to have personal knowledge on the topics nor do they have to be employees. A Rule 30(b)(6) witness can be a former or current employee of any rank, or any person or entity outside of the company. The corporate witness is required to have "responsive knowledge."

A Rule 30(b)(6) deposition requires top lawyers experienced in both the criminal and civil aspects of litigation and trials, such as the white collar lawyers from LibertyBell Law Group. At the core of not having a binding and damaging deposition is selecting and preparing the witness. Our best white collar lawyers and experts know how to successfully leverage a 30(b)(6) deposition and witnesses for a favorable end result.

Which Lawyers for Federal Cases Handle Felonies Effectively

Lawyers that work on federal cases mostly handle felonies because that is what most federal cases consist of. The Bureau of Justice Statistics reports that of federal cases filed a full 96% are felonies. Criminal lawyers are the types of attorneys representing defendants accused and charged with a felony. Criminal lawyers also represent persons being investigated for a federal offense but no felony charges have been filed, which is the most ideal time to hire a lawyer. It is much, much easier for a lawyer to influence and prevent a US attorney from filing a federal case.

Most federal cases are these felonies:

• Immigration
• Drug trafficking
• Fraud
• Weapon offenses
• Nonviolent sex offenses
• Racketeering and extortion
• Larceny
• Robbery
• Counterfeiting
• Sexual abuse
• Assault
• Embezzlement
• Regulatory violations
• Tax law violations

Federal cases, especially felony charges, require a great deal of skill and expertise. Lawyers regularly working on crime defenses are the best in federal trials and plea bargaining. Though not all criminal lawyers practice in federal courts. The best criminal lawyers have experience working in different states and federal courts and have defended many types of felony crime allegations. Having experience on a wide array of felony charges, in different courts, and plea bargaining should not be underestimated.

Plea Bargaining Federal Felony Cases

A federal trial and plea bargaining is much like a game of chess apart from the evidence. The greatest players have a great deal of creativity in having to think or re-think a winning strategy, even in the middle of the game in order to increase the odds of winning. Criminal lawyers must also sometimes maneuver their way through a case and sometimes re-think their strategy when the prosecutor (called the United States Attorney in federal cases) unveils new evidence, witnesses, or changes his course.

Federal cases can be complex as US attorneys don't file felony charges in a federal court unless they have very convincing evidence. It's easier for a lawyer to prevent a federal case from being filed because a criminal lawyer knows how to protect someone being investigated for a crime.

Lawyers on the defense for federal cases have a very hard job in either getting the case dismissed or plea bargaining. The Bureau of Justice Assistance reports that 90-95% of federal felony cases end in plea bargaining. This is no surprise as US attorneys usually only file charges when there is so much evidence it's almost impossible for anyone not to see any guilt. The key element criminal lawyers usually build a defense around is how much guilt and intent. This is where criminal lawyers, especially those experienced in federal cases, excel at as it is the grounds for plea bargaining effectively. Plea bargaining can be very effective in reducing charges and even in getting no time having to be served in a federal prison.

To learn more about our criminal lawyers, click here.

Felony DUI in California – Criminal Lawyers on What to Expect

A felony DUI in California is a very serious crime and more common than people think. Criminal lawyers know a felony DUI carries harsh penalties, fines, and can result in the first criminal strike on your record. A strike on your record will make any future brushes with the law harder to defend by any criminal lawyer. A felony DUI may also hinder future employment opportunities and will make you ineligible for student loans and government assistance programs.

A Felony DUI in California has one of the following:

• Bodily injury and especially death to another as a result of driving under the influence, which does not have to include a car accident, it can be the result of running a red light or speeding.
• Prior felony dui conviction
• Prior felony gross vehicular manslaughter while intoxicated
• 3 or more DUI or "wet reckless" convictions on your record within the last ten years, whether from California or out of state.

Drunk driving that results in death in California is charged as a felony DUI with either manslaughter, vehicular homicide, or second-degree murder.

What happens after an arrest for DUI?

A felony dui in California begins with an arrest. After being arrested, the ideal time to contact a criminal lawyer is as soon as possible, definitely before the arraignment. Criminal lawyers need to start working on your case immediately to get the best results. The sooner the criminal lawyers begin the better, as it is easier to defend against a felony DUI charge much earlier in a case by persuading the prosecutor to file lesser charges.

The arraignment is the first court hearing, after the prosecutor has filed charges.  However, in order for criminal lawyers to start building a strong case for you, there is a lot of work that must be done, the beginning of a case for a felony DUI can sometimes be the most important. Criminal lawyers must launch their own investigation with the use of experts and they must also question and investigate witnesses among other things.

The preliminary hearing is when the judge decides if there is enough evidence for a trial. A criminal lawyer may be able to convince the judge that there is not enough evidence to convict the defendant for a felony DUI at this hearing. It is like a trial before a trial, as the judge listens to and makes decisions on the DUI case even before there is a trial. It is extremely important to be represented by a criminal lawyer at a preliminary hearing for a felony DUI.

If the judge decides there is enough evidence for a charge of some sort, then the case moves forward with a trial. A criminal lawyer can also win a case of felony DUI in California at this stage as well.

There are many stages to a case at which a criminal lawyer can win, much depends on the unique characteristics of your felony DUI case and what the best strategy is against the prosecution. Top criminal lawyers know when the best time to hit a homerun is, as winning cases is just as much about timing as it is strategy.

Criminal lawyers know how serious a felony DUI conviction is in California. Though these felony dui penalties are not set in stone, here are some general guidelines.

Felony DUI Penalties in California

• The minimum sentence is 180 days in jail, but you can be sentenced to 4 or more years in prison
• 4 year suspended license
• $3,000 fine
• 18-month alcohol education program
• If it's your third strike, you will be imprisoned for 25 years to life if convicted
• Ineligible for student loans and government assistance programs