Our last post on the blog discussed bank robbery and its potential penalties. If you are facing robbery charges or other criminal allegations, then you might be in for a fight. Federal prosecutors are aggressive, and they often seek not only a conviction, but also the strictest penalties allowable under the law. As mentioned last week, for example, people can face 20 years or more if convicted, depending on the underlying circumstances of the case.
Federal investigators handle a wide variety of crimes. Amongst those offenses is bank robbery. Bank robbery and attempted bank robbery are taken extremely seriously by the federal government, and a criminal conviction for such a crime could land an individual in prison for up to 20 years. This lengthy sentence, in addition to imposed fines, can really take a toll on an individual's life, making it extremely difficult for the person to get it back on track.
You might, depending on the circumstances surrounding your case and the quality of your criminal defense. According to federal law, if you receive, store, sell, or dispose of any goods, merchandise, securities, or money over $5,000 in value, those items have been stolen, and they have crossed a state line or a U.S. boundary, then you might be charged with a federal crime. Additionally, if you accept or promise to hold stolen goods to secure a loan, the value of the stolen goods is $500 or greater, and the goods crosses a state or United States boundary, then you could face federal criminal accusations.
Last week's blog post introduced readers to the idea of mens rea, or the mental state that must be shown by a prosecutor in some cases in order to obtain a conviction. Though not all offenses require the prosecutor to show the appropriate mens rea, many do. This can be a hotly contested area during the course of plea negotiations or a trial and should be dealt with aggressively, as failure to do so could lead to a conviction and serious penalties.
In many criminal cases, the prosecution, in order to obtain a conviction, must show that a defendant possessed a certain mental state when committing the alleged offense. This mental state is often referred to as "mens rea." For example, many statutes state that a defendant must have "willfully" committed the offense in order to be found guilty. But what is a "willful" act?
You might face such allegations if certain circumstances exist. In fact, telemarketing scams are amongst the most common, so the federal government has really cracked down on telemarketers and what they can and cannot do over the phone. For example, if you offer significant products, services, or winnings in exchange for an individual's personal information, you should make sure you make good on your promise. Failing to do so could result in fraud charges.
A few weeks ago on the blog we discussed federal kidnapping charges and their potential penalties. Unfortunately, the law in this area, like much of the federal penal code, is complicated. Therefore, some Californians may find themselves facing kidnapping allegations without even knowing that they have done anything wrong. For example, a non-custodial parent may take a child across state lines, not knowing that he or she needs permission to do so. In this instance, the non-custodial parent may be facing significant penalties, including prison and the loss of access to his or her child.
Kidnapping is a criminal offense that can fall under either state or federal law, depending on the circumstances of the alleged crime. Typically, kidnapping is considered a federal offense if a person is taken against his or her will and transported across state lines. However, other present factors can render a kidnapping a federal offense. For example, if the alleged abductor uses an instrument of interstate commerce in furtherance the offense, then it may fall under federal jurisdiction.
A California attorney is in hot water after being accused of possessing and distributing child pornography. According to authorities, the deputy Los Angeles city attorney had been under investigation since November of 2013, and a search warrant executed in early September resulted in the seizure of several computers and other digital evidence. It is also alleged that signs of child exploitation were found in the home. The accused now faces two felony charges, which could land him in prison for up to more than five years. He is currently on administrative leave.
Workplaces are far from perfect. Nearly every work environment has something go unexpectedly wrong at one moment or another. Employees and customers can get aggressive, a business' building may become structurally unsound, or a company may go out of business. Yet, perhaps no other type of workplace incident garners the amount of attention as alleged theft. Such allegations are serious, and could severely damage an accused individual's life.