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Feb
21

Credit Card Fraud

by Criminal Defense in Miami

First there is what is called “mail non-receipt fraud” which is when a new or replacement card is sent by the bank and never received by the person it was supposed to go to. This has been mostly combated by the banks sending out inactive credit cards where the person has to make a phone call in order to activate the card. Otherwise it can’t be used. Unfortunately there are some banks that do not do this and still send out cards that are already activated. Then there is what is called “chargeback fraud” where a legitimate cardholder uses the card to purchase goods or services. Then when the statement comes they call the credit card company and claim they never received the item or service or that they never authorized the transaction.

Another type of credit card fraud is called “skimming” where an employee or merchant makes a second copy of the person’s credit card details before processing the payment. This copy is then sold on the black market to professionals who clone illegal copies of these cards. Fortunately, skimming has become less of a problem since the introduction of CVV and CVS codes. These are not encoded on the card strip but are physically written on the back of the card. This is a required three digit code to finalize all transactions. Without this code even a cloned credit card will not work. Skimming at ATMs has also been a problem. What the illegally set up ATM machine does is place a skimmer device somewhere in the machine that reads the magnetic strip attached to the card. This is used together with various devices that monitor the keypad of the ATM by attaching a fake fascia over the original keypad. Fortunately, this is not as common today as it was years ago when ATM machines were relatively new.

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Feb
21

Assault

by Criminal Defense in Miami

Many people are very conscious of their personal space. When this is invaded, you can feel uncomfortable and even violated. However, when this invasion turns into full assault, it can leave you physically and emotionally scarred. There are several types of assault that interfere with your safety and well-being. Sometimes, this assault on your personal safety can come from someone close to you that you trust. Such is the case with domestic violence. Domestic abuse can come from a parent, sibling, or significant other. Often, domestic abuse is difficult to move past because you keep wanting to forgive and forget this person that you love.Next, sexual assault is a violent act that can affect both men and women. In fact, an estimated 25% of all women will be subjected to sexual assault during their lifetimes. 
This battery can, like domestic abuse, come from someone close to you, or from a stranger. Besides putting a woman at risk for pregnancy, sexual assault on women can damage her future sexual drive and interest. Men, too, can suffer from mental struggles due to this violent act. Aggravated assault is one that is made with a deadly weapon, such as a gun. Even if someone is holding a gun and threatens to shoot you unless you submit to rape, yet does not commit the actual crime, they can be charged with aggravated assault. On the other hand, simple assault is threatening to physically, sexually, or otherwise abuse a person without a deadly weapon. A club can count as a simple weapon rather than a deadly one. Another type of assault that is quite different from the ones detailed above is motor vehicle assault. In these types of cases, motor vehicles are considered to be dangerous and deadly weapons. You do not just have to try to run someone over with your vehicle to be charged with motor vehicle assault. Indeed, if you are driving recklessly with no regard for the safety of others around you, you can be ticketed and taken to jail because of motor vehicle assault.

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Feb
21

Penalties For Hacking

by Criminal Defense in Miami

As innocent as it may seem, hacking into another person’s email account is considered a serious offense in the eyes of the law. Depending on the circumstances surrounding the hacking, an offender may be charged with a second or third-degree felony, which generally results in severe penalties. Hacking is the online equivalent of tampering with another person’s mail. Anyone may be charged with hacking, regardless of the offender’s relationship to the person whose account was illegally accessed. In fact, most hacking cases involve family members, partners, or spouses accessing an email account without the owner’s consent. In all cases, the victim may press charges against the perpetrator, and if he or she is convicted, there will be a felony offense on his or her record. Felonies are serious offenses that are punished with either jail time, fines, or a combination of both. Generally, hacking is a third-degree felony; however, if the act was committed in order to steal information, defraud, or otherwise harm the victim, the offense may be escalated to second-degree felony.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Feb
20

Arson

by Criminal Defense in Miami

Fires can start for a variety of reasons. Some fires have natural causes, or start because of the spontaneous combustion of natural materials. However, in some cases, fires are set intentionally to a home, another structure, or to wild areas. A person who sets a fire deliberately or who causes a fire because of extreme negligence may be charged with the crime of arson.

-Penalties and Punishments
After a fire, experts investigate to determine its cause, using sophisticated techniques ranging from chemical analysis to trained dogs. The evidence they collect is used in court to prove the original cause of the fire. The penalties for arson are associated with the intent of the arsonist as well as the extent of property damage and bodily injury. Arson and its penalties can be classified with varying severity:

-First degree arson: occurs when a person is severely injured or killed by the fire.
-Second degree arson: occurs when a large amount of property is severely and irreversibly damaged
-Misdemeanor arson: a person is charged is a misdemeanor for less severe cases of arson. Additional charges can include destruction of property, breaking and entering, and criminal mischief.
-Death penalty. In rare cases, the death penalty has been assigned as a punishment in arson cases which result in multiple deaths.
-Psychotherapy for mental illness. Mentally ill patients are sometimes sentenced to extensive psycho- and behavioral- therapy or committed to a mental treatment facility.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Feb
20

Tampering

by Criminal Defense in Miami

Whether out of malicious intent or as something of a prank, sabotaging motor vehicles is a serious crime that can have massive repercussions. Little changes, like pouring sugar in a gas tank or putting a potato in an exhaust pipe, can cause major damage to the motor vehicle and potentially cause bodily harm to the owner or driver of the vehicle. For some, namely those out to cause extreme, if not fatal, injuries, cutting a brake line or causing engine failure can seem like a way to get revenge on an enemy. However, all of these actions constitute a variety of illegal actions, not necessarily labeled under a single umbrella charge of tampering. In the case of damages that cause more property-based expenses as opposed to real bodily harm, such as keying a car door or slashing tires, there are still severe penalties. Even in instances where the intention was clearly to execute a prank, the damage done to a motor vehicle can not only be expensive in repair costs, but wages or opportunities may be lost as well. In these situations, the law does not grant leniency simply because no one was physically harmed. Destruction of property and vandalism can lead to heavy fines, civil suits, and a criminal record.

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Feb
20

Extortion

by Criminal Defense in Miami

The act of extortion occurs when a person obtains property, money, or some other valuable asset from another person by using threats to scare the person into handing over the assets. Demanding some form of payment in return for not carrying out a threat is extortion. Any threat created to scare another person into taking actions to avoid the threat is a form of extortion. Extortion includes threats of physical harm, murder, or abduction. One example of a situation that may lead to extortion is the classic mafia example. The mafia is notorious for using extortion as a way they maintain dominance throughout the community where they exist. Many business owners are approached by men who offer some sort of protection in exchange for payment. Many times, the business owners respond with no interest in the offer, and this upsets the mafia.

When the business owners turn down the offer of protection in exchange for payments, many times the mafia is known to make threats. The men from the mafia have been known to threaten business owners who do not buy the mafia’s protection. The threats consist of injury and destruction of the business if the owner does not accept the mafia as its protection service. These threats directed towards the business owner are a form of extortion. Threatening a business owner with injury or destruction if they do not accept the mafia’s protection is a crime that mob bosses are tried for time and again. Another classic example of a situation that leads to extortion is when a person is kidnapped and held hostage for ransom. Many times, kidnappers will contact the relatives of the kidnapped person, and request that money be exchanged for the safety and well being of the hostage. These threats to harm the hostage if payments are not made are another example of extortion.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Feb
17

Misdemeanor Lawyer

by Criminal Defense in Miami

A misdemeanor lawyer is a kind of criminal defense attorney who represents individuals charged with misdemeanor crimes. While misdemeanor crimes likely to be less rigorous than felony crimes, these infractions do show up on a convicted individual’s criminal background check whether he has a prior criminal back ground, and can lead to an individual at a risk of future employment and educational prospects. Here, most of the people facing misdemeanor charges decide to hire a misdemeanor attorney to represent them in the court. Misdemeanor punishments may vary from country to country, but these crimes usually carry less severe penalties than felonies, as a result, no penalties like snatching away personal liberties such as the right to vote or get a passport. Mostly, the punishment for a misdemeanor conviction is a small fine or an imprisonment of not more than 30 days. But a misdemeanor conviction can lead to a severe consequence if, for instance, the convicted individual has a previous criminal history, or any one is injured due to your misdemeanor act.

Here we need an experienced Misdemeanor Attorney there are so many law firms available there you can approach them and choose the best law firm. The main purpose of a misdemeanor legal representative is to help the convicted person to avoid a trial by talking a plea bargain, or reduced sentence, in exchange for a guilty plea. If a plea bargain cannot be successful, the misdemeanor legal representative will prepare a convincing defense, give professional legal guidance during all stages of the trial process, and fight on behalf of convicted person during the courtroom trial, to make sure that your constitutional rights are upheld.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Feb
17

Felony Arrest

by Criminal Defense in Miami

-Felony Review
Following an arrest for a serious crime, the police agency involved in the arrest must contact the local States Attorney’s Offices. Police agencies do not have the inherent power to automatically charge someone with a felony. That decision rests solely within the power of the States Attorney’s Office. The Felony Review division will be open 24 hours a day, 365 days a year. It is within the sound discretion of the State Attorney to determine whether or not the felony charges will be filed against the accused. In some instances the State Attorney will decide not to charge the individual with a felony, in that event, the arresting agency may still bring misdemeanor charges against the defendant.

-Bond Hearing
Constitutional safeguards guarantee that the rights of the accused will afford that individual to be brought before a judge within 72 hours following the arrest. At that time a bond hearing will be held to determine the amount of the bond that needs to be posted. The reasoning behind the amount of bond to be posted is to guarantee defendant’s subsequent appearances in court. Types of things the judge considers in order to determine the amount of bond are, whether or not the defendant is a flight risk, has ties to community, (i.e. whether the accused has family, job, owns property, etc.) the nature and seriousness of crime the defendant is charged with and whether or not the individual is likely to commit other criminal acts while out of custody. If the judge allows for a bond to be set, the family of the defendant only needs to post 10% of the total bond amount.

-Preliminary Hearing
In most cases the next step of the process involves a Preliminary Hearing. The main purpose for a Preliminary Hearing is to determine whether or not probable cause exists for the case to continue further. During the hearing, the State Attorney will present witnesses who will testify to the events leading up to the arrest. The defense attorney will have an opportunity to cross-examine those witnesses and make sure that their story is consistent with the facts at hand. The judge will look at all factors presented at the preliminary hearing, and determine whether enough evidence exists for the case to move forward. In many cases the judge may find that no probable cause exists and dismiss the charges all together. (This does not necessarily mean the case is over).

-Indictment
Ninety percent of felony cases are superseded by Indictment. This is where the State Attorney will have 18 individual members of the community, known as the Grand Jury, convene behind close doors and determine whether probable cause exists to have felony charges brought against the individual. In many instances the State Attorney will bring indictment charges against individual in the cases where charges were originally dismissed at the Preliminary Hearing. If the Grand Jury makes a finding of probable cause and arrest warrant will generally be issued and the case will proceed to the next level.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Feb
17

Criminal Trespassing

by Criminal Defense in Miami

Trespassing is the act of passing onto someone else’s property after you have been warned not to enter, or of remaining on someone else’s property after you have been asked to leave. In most states, trespassing is classified as a misdemeanor. While trespassing laws are useful for keeping would-be burglars and other criminals off of another person’s property, they are also sometimes abused to arrest individuals who mean no harm. In the state of Florida, trespassing is usually charged as a second degree misdemeanor. If convicted, the defendant may be penalized with up to 60 days in jail, a maximum $500 fine, or both. The charge may be elevated to a first degree misdemeanor if another person was inside the structure or conveyance at the time the trespass was committed, even if the trespasser wasn’t aware of the other person’s presence. The penalties for a first degree misdemeanor conviction may include a maximum of 1 year in jail, up to $1,000 in fines, or both.

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Feb
17

New AVVO Badge

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