Probation is something that places people into two camps. For those who have never been under its control, it is a vaguely understood form of prison release. For those who have been released under this program, or those who advocate on their behalf, probation is a near-constant source of anxiety.
Probation can allow someone to remain out of jail for their crimes, or can allow a person in jail to be released early. Individuals on probation are under the supervision of the courts and are required to follow certain rules in order to remain out of prison. These rules can include:
In some states, prisoners have to pay for the privilege of being released under probation. In Florida, the minimum monthly cost of probation for a misdemeanor is $40 not including bureaucratic surcharges and fees.
All of these rules, fees, and requirements must be met at all times for the probationer to remain out of prison. If any of these rules are broken, that is a probation violation. Additionally, if the probationer is arrested for any reason, whether it was a crime or not, they may also be found to be in violation of their probation.
Once probation has been declared to be violated, probation officers have broad authority to decide how to proceed. Common consequences of violating probation can include:
There is some hope for a probationer being accused of a violation. They may challenge the violation in front of a neutral judge. This course of action allows the probationer to appeal their case to the judge. Perhaps they missed their meeting with the probation officer because they were at work, perhaps they plead poverty for not being able to pay their probation fees.
In any probation violation challenge, it is recommended that probationers retain an attorney who can eloquently advocate on their behalf with more experienced knowledge of the system.
If you have been accused of violating your probation, contact a lawyer today to explore your legal rights and options.
In theory, wage theft is simple: if an employer doesn’t pay an employee they are guilty of wage theft. In practice, however, there are a number of ways that employers run afoul of these protective laws.
Federal wage theft law is outlined in the 1938 Fair Labor Standards Act (FLSA). This legislation sets a federal minimum wage, and requires that all hourly workers be paid time and a half for every hour over 40 per week.
Under FLSA wage theft could be any of the following:
While these violations are serious, they can sometimes be difficult to prove. Many jobs give out pay stubs. If these pay stubs fail to match the hours an employee has worked, that is a relatively simple matter. However, if the employer has doctored their records to show that an employee worked fewer hours than they actually did, the case can become significantly more complicated.
Another complication to wage theft is the type of employee that the plaintiff is. If an employer claims the employee is only an independent contractor, and not an hourly employee, then wages could have been withheld in the form of taxes that the employee was forced to pay that the employer was actually responsible for. These nuanced issues are best navigated with an attorney experienced in labor laws.
Additionally, collecting on wage theft judgements can also be difficult if the court does not freeze the employer’s assets. An attorney can help to ensure that an employer does not have the option to flee a wage theft case and can assist in collections.
If you believe that you have been a victim of wage theft, contact an attorney today to review your options and pursue justice.
Any fan of legal procedurals will recognize the iconic chorus of attorneys swearing in witnesses:
“Do you swear to tell the truth, the whole truth, and nothing but the truth so help you god?”
Following the witness’ refrain of “I do,” the direct examination begins. Breaking this oath is commonly understood to be the requirement for the crime of perjury.
Perjury, however, is a broader and more complex crime than it appears at first brush.
The federal definition for general perjury can be found in 18 U.S. Code § 1621. This legal excerpt defines perjury as either a witness who chooses to “testify, declare, depose, or certify truly, . . . any material matter which he does not believe to be true” or “in any declaration, certificate, verification, or statement under penalty of perjury . . . willfully subscribes as true any material matter which he does not believe to be true.”
Simply put, asserting something to be true or false under oath while knowing that the opposite is true. While this definition can be understood to mean “be truthful,” perjury is actually a bit harder to nail down. Here is an seven point test to determine whether something is likely to be considered perjury:
Perjury can only be committed if an authorized individual, like a notary or judge,l placed the witness under an oath of honesty in an appropriate setting
Refusing to speak is not perjury, neither is remaining silent. Both of these activities are protected by the 5th amendment to the constitution regarding self-incrimination.
If the false statement was not given with the intent to mislead the proceedings, it may not be perjury.
Lapses in memory, simple mistakes, and other minor inaccuracies are not necessarily perjury.
If a witness claims to not remember an event or time period, but then later claims knowledge from the same period to advance their claims, they may be flirting with perjury
A witness is only committing perjury when they certify a statement is false in an official capacity. This may include certifying an affidavit, or testifying in court. If another witness hears them speaking a falsehood while not under oath, that statement cannot be used to accuse the witness of perjury since it was not made under oath.
If a witness lies about how many reps they can do at a gym while being asked about being at the gym, they have lied, but they have probably not perjured themselves. As long as the witness is truthful about all material facts they are asked about, they are likely safe from perjury claims.
While this test may work in general cases, there are still circumstances where some of these points may arguably not be met and a perjury charge is still issued. In the event that a witness is charged with perjury there are a few defenses.
First, a witness could have technically spoken the exact truth and the questioner simply inferred a different conclusion than the witness literally stated. Additionally, a witness may protect themselves from perjury charges if they recant upon realizing that they spoke in error or may have accidentally perjured themselves. Before attempting any type of defense, an attorney should be consulted.
Ultimately, there is one guaranteed way to avoid perjury: silence. Many attorneys will advise that witnesses simply plead the 5th or remain silent rather than attempt to craft testimony that hews close to potential perjury. If a witness or defendant feels that their testimony will not help their case they should exercise their constitutional right to avoid self-incrimination and simply say nothing.
If you have been accused of committing perjury, it is recommended that you speak to an attorney as soon as possible to discuss your options for appeals, defenses, and resources.
Fraud is one of the most nebulous and least commonly understood crimes that an individual can be charged with. Unlike most crimes, fraud doesn’t have a single section of the U.S legal code, but an entire chapter.
Chapter 47 of the U.S. code of laws is titled “Fraud and False Statements.” In this chapter are 40 separate sections devoted to various types of fraudulent action. This is because fraud is a very broad charge. Fraud is defined as the intent to swindle or deceive an individual, group, or entity for personal or financial gain.
Some of the most common forms of fraud are listed below:
The penalties for fraud are as wide-ranging as the crime itself. Some minor counts may result in fines or short-term imprisonment. One unusual facet of fraud charges is that they also include restitution.
Restitution is the legal punishment by which the accused is forced to repay the damages caused to their victims directly. Due to the intimately personal nature of fraud charges, restitution can be a legitimate punishment if the defendant is found guilty.
Fraud charges can be extremely complex. If you have been accused of committing fraud in any form, it is advisable that you consult with an attorney immediately to review potential actions or resolution options.
When the words “forgery” and “counterfeiting” are used, images of sneaky crooks writing false checks and printing fake bills are respectively summoned. These images are the most obvious and easy-to-understand forms of forgery and counterfeiting, but each law runs much deeper.
Forgery is the subject of Chapter 25 of the U.S. Code of Laws. Section 472 discusses the most commonly understood form of forgery where some individual “attempts to pass, utter, publish, or sell, . . . any falsely made, forged, counterfeited, or altered obligation.” An obligation can be any form of authentic document from checks to signatures on a will or power of attorney declaration. When this forgery is used to specifically pass off currency as authentic, it becomes counterfeiting.
There are additional forgery charges for all sorts of false documents, artworks, or goods. These range from military documents and patents, to even fake designer labels or a falsified IOU.
However, there is an additional level to charges of forgery. US code section 473 states that anyone who “buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine” has also committed a crime.
While this may sound like standard language for trapping a criminal, there is a catch. When any person pays another with cash, they are using it “with the intent that the same be passed, published, or used as true and genuine.” People intend it because they have no reason to suspect that the bill they are giving is fraudulent.
This means that a victim of counterfeiting who fails to recognize it and passes it on could also be charged with counterfeiting for trying to use a fake bill. This is a serious charge as all counterfeiting and forgery charges are felonies, not only in all 50 states, but also on the federal level. These charges can be punished by serious prison sentences, heavy fines, or full restitution.
For this reason, anyone charged with forgery or counterfeiting should immediately contact an experienced attorney to create their best defense possible. This can include certifying whether the accused created the work, knew it was fake, or intended to deceive. If you have been charged, an attorney can help you explore the options that work best for you.
When the term embezzlement is used in a discussion, many people will think of Bernie Madoff’s $50 billion ponzi scheme that defrauded thousands of people. Fewer people, however, have a full understanding of what embezzlement is and how it can manifest in significantly smaller crimes.
Cornell Law School’s Legal Information Institute defines fraud as the “fraudulent taking of personal property by someone to whom it was entrusted.” Cornell also notes that this is most often manifested as the theft of money. In many cases, embezzlement is simple theft with the exception that the property they are taking has specifically been placed into their protection.
A simple example of embezzlement would be if an accountant used their position as a trustee of the company’s finances to discreetly funnel company profits into their own bank accounts. Because the accountant was put into a position of trust over the money they stole, they are guilty of embezzlement rather than simple theft.
There are several types of embezzlement that can be committed against other people, organizations, or even the government. Generally, an individual can be guilty of embezzling money, materials, or information. In each case, the caretaker of the property betrays the trust placed with them to instead rob the entrusting party.
Embezzlement is a very specific crime. In order to be guilty, a prosecutor must prove that the accused took possession of property that they were entrusted with. Embezzlement is also a crime that requires intent. An individual who is entrusted with money or property who holds the good faith belief that they are now the legal owner of that property may not have committed embezzlement.
An example of this could be if an uncle gave their nephew $10,000 to hold and the nephew thought this money was a gift. Since he believed it was a gift, the nephew spends it under the impression that it was his money not the uncle’s. There may have been a breach of the uncle’s trust, but it is not likely to rise to the specific crime of embezzlement unless the uncle could prove that there was no way that a reasonable individual would have believed it was a gift.
If you have been accused of committing embezzlement, the best course of action is to discuss your options with an attorney experienced in embezzlement law to ensure that your rights are protected and the best possible outcome is achieved.
A wrongful death lawsuit can be filed when someone dies due to the legal fault of another person or entity. Intentional killing, car malfunctions, and medical malpractice are all common instances that may serve as grounds for a wrongful death lawsuit.
This useful guide includes everything you should know if you are interested in filing a wrongful death claim.
A wrongful death claim is brought against a defendant who causes someone's death either by negligence or by intent. Moreover, A wrongful death claim may arise when the defendant's wrongful actions lead to the death of a victim who otherwise would have had a valid personal injury claim. You may encounter this in the following situations:
The victim's estate, usually the closest surviving relative, usually a spouse, child, or parent, will typically file a wrongful death lawsuit on behalf of the deceased plaintiff. However, state laws often dictate who is legally allowed to file wrongful death suits on behalf of another party. Some states may allow more distant relatives, such as siblings or grandparents, to claim wrongful death. Domestic or life partners as well as anyone who was financially dependent on the victim may also have a right to file a claim.
Some states limit a parent’s ability to receive financial or emotional compensation if a fetus dies before birth. These states may only allow wrongful death claims if the baby passed away after it was born. It is highly advised to consult an experienced attorney to help you navigate the wrongful death regulations in your state.
Various individuals, companies, and even government agencies can be sued for wrongful death. It is possible, for instance, to file a wrongful death suit against the following defendants:
According to Johns Hopkins University, medical mistakes are the third-leading cause of death in the United States. Wrongful death in medical malpractice occurs when the medical provider fails to act in accordance with the accepted standard of care. The standard of care is determined by analyzing what another medical professional in the same specialty would have done in a similar situation.
In the event that a loved one passes away due to medical malpractice, you may be unsure whether you should sue the hospital or the doctor themselves. It is best to seek the advice of your attorney regarding who to sue in these instances. Upon establishing liability, your attorney will help you pursue compensation for the victim’s death.
Following a successful wrongful death lawsuit, you may be entitled to a number of different damages. Survivors may receive compensation for funeral and burial costs, medical treatment costs incurred due to injury prior to the victim’s death, loss of the deceased person’s future income, and loss of any inheritance that occurred as a result of the victim’s death. Another common compensation for wrongful death is known as a “survival claim.” In a survival claim, the deceased's estate is compensated for the victim’s pain and suffering from the moment of the injury until the time of death. The focus of survival claims tends to be on the suffering the victim endured while still alive instead of the financial and emotional consequences of the death. Essentially, survival claims are simply personal injury lawsuits filed on behalf of a deceased loved one.
