What is a White Collar Crime?

Sunday, September 1st, 2013

White collar crimes usually involve fraud or some other nonviolent way of illegally gaining money from a company.  There are numerous schemes that have been reported in the past and have been defined as a white collar crime.

White collar crimes can happen anywhere and can include computer fraud, counterfeiting, credit card fraud, cell phone fraud, bank fraud, embezzlement, insider trading, insurance fraud, tax evasion, welfare fraud, and healthcare fraud.  These are just a few examples of the many types of white collar crimes that can (and do) take place everyday.  Someone is always looking for a way to make easy money without working for it.  Fraud has been around for centuries and has only become more advanced with the explosion of technology.  Most white collar criminals do not look like a criminal at all; in fact, it’s quite the opposite.  They are usually high level employees in a company that take advantage of their position in the company because they don’t have many, if anyone, to report to.  A common and unfortunate example of a white collar crime is computer fraud.  Computer fraud is when someone hacks into a website or any other source on the internet to obtain personal information from someone such as credit card information, bank information, or any other important and private information.  In some cases, it may be an inside job of an employee at a company that houses that important information for customers.  It can also come from an outside job from someone completely unrelated to the company.  It is still considered white collar because of the nonviolent act of crime.

When a company or individual suspects a white collar crime, the first and most important step is contacting a highly experienced lawyer that specifically offers white collar crime services.  It’s a very serious situation and should not be taken lightly.

The Effects Of Drinking And Driving

Friday, July 6th, 2012

Drunk driving is a major problem that law enforcement is striving to prevent and control. An alcohol-related car accident and drunk-driving conviction can have many negative consequences in your life, including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, and restrictions on or revocation of your driver’s license.

The causes and effects of drinking and driving are staggering. Poor coordination, disorientation, blackouts, slurred speech, poor self-esteem and double vision are just the short-term effects of alcohol abuse. The long-term effects of alcohol consumption can include heart disease, peptic ulcers and cirrhosis a debilitating liver disease called.

Studies have shown it only takes three to four, 12-ounce beers for a 170 pound male to become intoxicated, and one to three of those same beers for an average sized woman to become intoxicated.

After the nightmare of a drunk-driving trial, conviction and sentence, your driving privileges may still be intact or may be restored. However, the question of  automobile insurance becomes more complex and expensive. Exactly what your insurance company legally can do varies from state to state and depends on the insurance law of your state.

Your insurance company may cancel or decline to renew your policy, restrict coverage provisions or increase your premiums based on your drunk driving record. Overall your premiums could go up as much as 100 percent or more.

How your insurer reacts to your drunk driving may be worse if you have other strikes against you, including previous drunk-driving convictions, traffic tickets, at-fault accidents, late or unpaid insurance premiums or other negative history with the insurer. Other significant issues your record may impact is coverage by other types of insurance policies, such as life or medical insurance.

 

New Jersey Crimes Eligible for Expungement

Monday, May 14th, 2012

Certain criminal convictions are eligible for an expungement in New Jersey. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement You should have your criminal record expunged because background checks are now the norm. Many employers and educational institutions place a stigma on any person who has been arrested or convicted of a crime. It can also affect your employment opportunities, professional licensing boards and college applications. An expungement of your New Jersey record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” on an employment application.

Crimes which are Eligible for Expungement

In order to have your record cleared, you must first look at whether or not you are eligible to have the criminal conviction expunged.

Convictions for the following crimes are not eligible for expungement in New Jersey:

.Criminal Homicide (exception Vehicular Homicide)

.Kidnapping

.Luring or Enticing

.Aggravated Sexual Assault

.Criminal Sexual Contact if the victim is a minor

.Criminal Restraint

.Robbery

.Endangering the Welfare of a Child (if based on sexual contact or child pornography)

.False imprisonment

.Perjury

.False Swearing

.Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute

.Motor vehicle violations, DWI or DUI.

Waiting Period for Expungements

The following information is general eligibility requirements for an expungement and the waiting periods for filing a petition for expungement in New Jersey.

TYPE OF CONVICTION AND  TIME ELAPSED SINCE CONVICTION

Indictable two or more convictions – 10 years waiting period from completion of sentence

Disorderly Persons (up to 3 disorderly) – 5 years waiting period from completion of sentence

Petty Disorderly Persons – 5 years waiting period from completion of sentence

Municipal Ordinances – 2 years waiting period from completion of sentence

Juvenile Delinquency – 5 years waiting period from completion of supervision

Possession of CDS <21 years of age – 1 year period from completion of sentence

Arrests not resulting in Convictions – Immediately

Conditional Discharges/Pretrial Invention – 6 months

Length of Time Before Expungement is Complete

The expungement motion should be scheduled for 30 to 60 days from the filing of the expungement petition. Keep in mind that each county is slightly different as far as the time it takes to get your case listed on the expungement calendar.

Information Needed to Get Started

In order for an attorney to file your New Jersey expungement petition, specific information about the offense must be obtained. Such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition. Without this information, the expungement cannot be appropriately filed or granted.

 

 

Reckless Driving

Sunday, April 15th, 2012

Reckless driving is defined as a moving violation in which a driver displays a disregard for the rules of the road. In essence, reckless drivers put themselves and others at risk, and they often involve more than one traffic violation. Reckless driving offenders are punished by fines, jail time, and/or driver’s license suspension or revocation.

Disregard for the safety of people or property is a common element in reckless driving car accidents. Reckless driving acts include, but are not limited to, the following situations:

.Causing an automobile accident

.Running red lights

.Distracted driving

.Running stop signs

.Drinking and driving

.Speeding

.Driving under the influence of drugs

.Suddenly braking

.Driving without headlights

.Tailgating

High Rate of Speeding

While speeding alone isn’t usually considered reckless driving, an extremely high rate of speed might lead an officer to charge someone with reckless driving.

Alcohol and Drugs Also Lead to Reckless Driving

Everyone that gets behind the wheel knowing that they are drunk or impaired are by definition reckless drivers. According to the courts, reckless driving and DUI offenses are separate crimes, and drivers may sometimes be charged with both crimes.

Most car accidents can be prevented by following these simple tips:

.Always wear a seatbelt

.Avoid distractions caused by passengers, cell phones, food, or loud music

.Don’t speed

.Obey all traffic signs

.And try not to drive when tired.

Not every automobile accident can be prevented, but you can control whether or not you cause a serious car crash.

The penalties for Reckless Driving in New Jersey are as follows:

.Jail of up to 2 Months (3 months for a 2nd offense)

.Fines of 50-$200. (Up to $500 for a Second Offense)

.5 Points on your Driving Record

The penalties for Careless Driving are:

.Fines

.2 Points on your Driving Record

Avoiding Foreclosure

Monday, February 6th, 2012

Foreclosure can happen to anybody in any financial income bracket. Also, it is not something that you should hide from because it never goes away.

There are many ways to avoid foreclosure but you must act on time. Once you miss your first payment it gets hard to catch up and becomes overwhelming

Foreclosure is when a Lending institution repossesses your home because of unpaid mortgage payments. The mortgage company does not typically begin the official foreclosure proceedings until you are 3-4 months past due. The duration of proceedings depends on your State’s Foreclosure laws.

The Obama Administration has put a number of programs in place to help homeowners who are at risk of foreclosure and struggling to make their monthly mortgage payments. Homeowners are encouraged to contact their lenders and loan servicers directly to inquire about foreclosure prevention options available to them.

Programs to Help Homeowners Avoid Foreclosure Include:

.The Making Home Affordable © (MHA) Program: helps homeowners avoid foreclosure, helps stabilize the country’s housing market, and also helps improve the nation’s economy. Homeowners have the opportunity to lower their monthly mortgage payments and obtain a loan at a lower rate. There are also choices available for unemployed homeowners and homeowners who owe more than their homes are worth.

.Home Affordable Modification Program (HAMP): lowers a homeowner’s monthly mortgage payment to 31 percent of their verified monthly gross (pre-tax) income. The HAMP modification usually results in a 40 percent drop in their monthly mortgage payment.

.Principal Reduction Alternative (PRA): was designed to help homeowners whose homes are worth less than they owe, by encouraging servicers and investors to reduce the amount you owe on your home.

.Second Lien Modification Program (2MP):  this program was designed for homeowners whose first mortgage was modified under HAMP SM and they have a second mortgage on the same property. The homeowner might be eligible for a modification or principal reduction on their second mortgage under 2MP.

.Home Affordable Refinance Program (HARP): is designed to help homeowners who are current on their mortgage but have been able to refinance because the value of their home has declined.

.Home Affordable Unemployment Program (UP): designed for individuals who are unemployed and are having a tough time making their mortgage payments. The program provides a temporary reduction or suspension on your mortgage payments for at least twelve months while you seek re-employment.

.FHA Forbearance for Unemployed Homeowners: Federal Housing Administration (FHA) requirements now require servicers to prolong the forbearance period for unemployed homeowners to 12 months. It also requires servicers to extend the forbearance period for FHA borrowers who qualify for the program from four months to twelve months also removing any upfront hurdles to make it easier for the unemployed borrowers to qualify.

.Home Affordable Foreclosure Alternatives (HAFA): If your mortgage payment is unaffordable and you wish to transition into more affordable housing, you may be eligible for a short sale or deed-in-lieu of foreclosure through HAFA SM.

 

Driving Without Insurance

Friday, December 16th, 2011

Driving without insurance varies from state to state—and so do the penalties imposed. You may have your car registration suspended as well as your driver’s license. Whether or not you did not get around to paying your insurance (or are looking for cheaper rates) and your insurance lapses, operating your car without insurance is a hazard.

If you get in an accident and you have no insurance, your assets may be at risk since you will be held responsible for the damages caused. Also, if you get caught driving without a registration the penalties are usually tougher because you could have caused an accident in which you were
not covered.

Driving in New Jersey without auto insurance or not being able to show proof of auto insurance when requested is a serious offense carrying severe penalties. According to the NJ Motor Vehicle Commission a citation for driving uninsured puts you at risk of economic loss, fines,
suspension of driver’s license or registration, community service, surcharges, and time in jail.

The New Jersey statutes state that every owner or registered owner of a motor vehicle registered or principally garaged in the state of New Jersey shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance.

A first time violation of driving without liability insurance includes a fine of at least $300 and up to $1000, community service, DMV surcharges of $250 for 3 years, and the loss of your license for up to one year. In addition to court costs and fees.

A second time offense comes with a fine up to $5000, a mandatory jail sentence of 14 days, 30 days community service and a license suspension for 2 years or more. State laws and statutes are always being changed and updated, so it is important to contact the courts to find out what the exact penalties are for driving uninsured.

Remember that you are breaking the law if you drive without the proper auto insurance.

 

Juvenile Law—Kids and Drugs

Tuesday, September 13th, 2011

Juvenile crimes can be either felonies or misdemeanors, depending on the brutality of the offense.  In a lot of cases, particularly those concerning violence, sexual felonies, crimes on a campus, or other factors such as:  gang developments or exploit of weapons, the juvenile offender will be charged as an adult and subject to adult penalties.

Kids and Drugs Just Don’t Mix

This thought applies to a juvenile whether or not he or she finds his or herself in a child welfare action in juvenile court.  There is an assumption that if you are a parent who uses drugs and has minor children—you are in fact, neglecting them and instigating possible drug use in the child’s future.  The best thing a parent should do is immediately inquire about substance abuse treatment.  It is hypothetically possible that a parent can use drugs and not disregard their child, but the burden of proof to refute that assumption is very high.  The argument that illicit drug use does not impair a parent’s parenting ability is nearly impossible to win.  It may not be impossible, but there are circumstances where a court would not find it to be so.  Avoid your child’s possible stay in a Juvenile correctional facility due to drugs by seeking treatment today.

Caught in sobriety check Point: Still Hope for defense

Friday, October 29th, 2010

Every year, there are many instances where individuals are caught at sobriety points doing always some real bad things that catch the attention of law enforcement agencies. These wring things can be drunk driving, or driving under the intoxication, possessing illegal narcotics possession of a CDS Schedule I narcotic (marijuana) and possession of a CDS Schedule III narcotic drug paraphernalia. If anybody is caught in the sobriety checkpoint, heavy fine to criminal prosecution case can be initiated against the culprit. The culprit is then presented in the courtroom where the magistrate decided the future of the culprit.

But don’t worry; the things will take normal course if you hire a criminal lawyer or attorney. The lawyer or attorney will discuss your case and find out the key points that will help you to come out of the dragnet. The sobriety check point case will be handled by an experienced criminal lawyer or attorney who has the experiences in handling such type of cases. But make sure that you hire appropriate criminal lawyer and not just anybody. Because, if you hire inexperienced attorney or lawyer to fight the sobriety case, then you’d be in a big trouble! Inexperienced criminal lawyers and attorneys can make the situation turn more complex, and if the situation turns complex, even the most experienced criminal lawyer will not be able to get you back your lost dignity.

Caught in sobriety checkpoint, then consult only an experienced lawyer who will otherwise understand the complexities involved in your case and give you more ready made solution. If you really go for the best solution or if you are really concerned that you come out of the trouble as soon as you can, the ideal remedy will be to catch hold of professional and experienced attorney and lawyer who’d be able to study the pros and cons of your case and bring forth reliable solution.

Now the relevant question arises–which is the right means to get an experienced sobriety attorney or lawyer to fight your case and understand its technicalities? The Internet is the best and comprehensive place where you can search for the best and experienced sobriety attorney and which will help you to come out of the problem as quick as possible. Shop around online to find the experienced sobriety attorney, and also take some time out to read through the terms and conditions.

Hundreds of arrests are made at sobriety check points, and therefore you need to show complete restraint even if you get caught in any of unexplainable situation. All you need to do is hire a sobriety attorney or lawyer and discuss your condition with him in as much detail as possible.