LibertyBell Law Group

Criminal lawyers from LibertyBell Law Group are known for their winning case results and top client reviews. Learn more about the award winning criminal attorneys from LibertyBell Law Group.

Friday, September 5, 2014

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.

Friday, June 20, 2014

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:

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.

Friday, April 4, 2014

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).


Tuesday, January 7, 2014

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:


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.


Thursday, December 5, 2013

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)!

Friday, October 18, 2013

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).

Wednesday, October 9, 2013

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.