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defending fraud charges

Defending Fraud Charges

February 12, 2018/in Uncategorized /by DAMG

If you have been accused of fraud charges, you could be facing some serious legal consequences.  Having an experienced criminal defense attorney on your side can certainly make a notable difference in the outcome of your case.


What Constitutes Fraud?

Using false information of any kind in order to achieve financial gain is fraud. That includes using a false identity, submitting false information on applications, false marketing, or other misrepresentations. Fraud occurs over the phone, online, face-to-face, and could involve individuals, insurance companies, or businesses. Examples include:

  • Pyramid and Ponzi schemes;
  • Tax evasion;
  • Bankruptcy fraud;
  • Credit card fraud;
  • Medicaid fraud;
  • Mail fraud;
  • Wire fraud;
  • Embezzlement;
  • Counterfeiting;
  • Insurance fraud;
  • Identity theft;
  • Telemarketing fraud;
  • Insider trading;
  • Racketeering;
  • Workers’ compensation fraud.

 

Penalties for Fraud in Florida

Depending on the type of fraud, a defendant may face numerous consequences if convicted, such as:

  • Restitution payments to the victim;
  • Attorney’s fees and other associated costs of the victim;
  • Civil actions brought by the victim;
  • Imprisonment for up to 30 years.


Possible Defenses for Fraud Charges

There are a number of tacks an experienced attorney may take in defending against charges of fraud. For instance, a prosecutor will have the burden of proof in establishing that fraud has truly been committed. Coming up with sufficient evidence to support such a claim may, no doubt, be challenging.  Apart from this, the reliability of the evidence provided may be called into question.

Without a doubt, intent is the essence of fraud. A prosecutor will have to prove that any actions by the defendant were not accidental. Following this, statements that are misleading are not, by comparison, fraudulent. If the statements are just opinions or commitments to do something at a later time, they actually do not necessarily constitute fraud.

If it can be demonstrated that the defendant was induced to commit the chicanery by a government entity, and would otherwise not have been involved in criminal activity, ultimately an entrapment defense may be appropriate. Such a defense, for example, relies on two key components:

  • A lack of predisposition to commit a crime on the part of the defendant;
  • Government enticement to participate in criminal activity.

Most importantly is by far the last defense. A defense attorney will be required to prove that the defendant was an unsuspecting and gullible pawn, unlike someone with a criminal mindset who happened to come upon an opportunity to commit a crime.


You Deserve an Advocate

At the Robert Foley Law Firm we undoubtedly believe every client deserves a quality defense. Our goal in this situation is to keep your record unsoiled, keep you out of jail, and minimize any financial consequences related to your charges. The best way to do that is either reduce your charges, or, in the best-case scenario, dismiss the charges all together. For a strong, personalized defense, contact our legal team in Fort Myers or Punta Gorda today. The initial consultation is, of course, free.

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how important is science in the courtroom?

How Important is Science in the Courtroom?

February 12, 2018/in Uncategorized /by DAMG

Science has been a part of courtroom drama for decades. While it has been useful in some regards, it has also led to some wrongful convictions. If you are facing charges that are based largely on scientific analysis, there are some facts that a good defense attorney should know.


Bite Mark Analysis

The President’s Council of Advisers on Science and Technology (PCAST) has found that forensic conclusions related to bite mark analysis simply do not meet scientific standards for legitimacy.  Although the use of this unreliable analysis is fairly common in front of criminal juries, it bears some scrutiny. While attorneys like to dangle so-called expert witnesses in front of juries to stock up their cases, the limits of the technology are rarely presented. In fact, juries deserve to know the rates of error and the potential pitfalls of relying on bite-mark analysis. The questions around this science are so pervasive, in fact, that FBI examiners cannot make claims that such analysis provides reasonable certainty in the decision of outcomes.


Hair Analysis

For more pseudoscience, look to The Guardian’s report of improper testimony related to forensic analysis of hair.  When matching hair samples, it turns out that because certain characteristics of hair are so common, it is unlikely that accurate matches can be found. One expert concludes that this type of microscopic examination is effectively useless when it comes to identifying someone, although it might be useful to exclude a suspect.


Fingerprints

Surprisingly, tests still need to be done on the accuracy of the science behind fingerprint identifications. One problem lies in the training buy levitra from India standards that examiners have, which vary widely.  Believe it or not, the majority of fingerprint examiners have not passed certification tests.  Hence, the depth of knowledge any given “expert” has could be called into question. Beyond problems with the examiners themselves, (who train to say that the results of their examination provide absolute certainty), there are serious questions about the science itself.  Many courts throughout the country have excluded the use of fingerprint evidence altogether.


Handwriting Analysis

Handwriting analysis is problematic in a courtroom for a number of reasons. One of the bigger reasons is the fact that it is largely subjective. Although training is becoming more standard with time, views of the analysis is shaky, at best. Problems with this practice include:

  • Scientists still need to determine an error rate in the assessment procedure;
  • You cannot rely on comparisons of upper- and lowercase letters;
  • An individual’s handwriting may differ greatly based on a number of factors. This includes illness, the type of writing (applications and forms vs. letters, for example) and even state of mind;
  • Exemplars with which to compare a writing sample may be difficult to locate.


The Right to a Strong Defense

Every American is entitled to a vigorous defense in a court of law. At the Robert Foley Law Firm, we pride ourselves on our ability to challenge questionable evidence, like science in the courtroom, in our efforts to provide clients with the best defense possible. Contact us in Fort Myers or Punta Gorda for a free, confidential consultation.

https://robertfoleylaw.com/wp-content/uploads/2022/01/hand.jpg 924 1643 DAMG https://robertfoleylaw.com/wp-content/uploads/2023/01/robert-foley-logo-300x49.png DAMG2018-02-12 20:49:202022-01-21 18:40:56How Important is Science in the Courtroom?
grand theft

Grand Theft

February 12, 2018/in Uncategorized /by DAMG

Grand theft can occur in all kinds of situations. One of the more unusual cases to hit Florida recently involved a Canadian native who experienced a bit of delusional thinking at a Florida airport. After claiming to be a pilot, trailing an employee with a cleaning cart, and removing his pants, he absconded with a luggage tug onto a taxiway. When he was finally subdued by a firefighter and arrested, he was charged with grand theft for commandeering the $75,000 luggage tug. Go figure.

Another curious case of grand theft involved Gators football players who became complicit in a debit card scheme. The players purchased expensive electronics with University issued credit cards, then sold the electronics. No problem so far. The crime occurred when players reported the cards as stolen.

In yet one more variation of grand theft in Florida, a female psychic was charged with defrauding her victim in a fortune-telling scheme involving over $80,000.

While most stories involving grand theft are not so colorful, the charges are nonetheless serious, and require the skill and determination of an experienced local attorney.


What is Grand Theft?

Grand theft is a Third Degree felony crime that takes shape in a variety of ways. The key component in this type of crime is intent. The prosecution must be able to convince a jury that the accused committed the theft, knowing it was stealing. In other https://nygoodhealth.com words, if the accused genuinely believes the items taken belong to him/her, intent might not be provable. That being said, grand theft might involve a number of acts, including:

  • Deliberately taking something valued at $750 or more.
  • Stealing a firearm;
  • Stealing a stop sign;
  • Taking a motor vehicle;
  • Stealing a fire extinguisher;
  • Stealing 2,000 or more individual pieces of fruit;
  • Taking items from a posted construction site.

The penalties for this Third Degree felony may include a maximum of 5 years in prison, 5 years of probation, and a $5,000 fine.

When the theft involves emergency medical equipment or law enforcement equipment that exceeds $300 in value, and the charge rises to a Second-Degree felony, punishable by up to 15 years in prison, 15 years probation, and a fine of $10,000.

Finally, if the stolen item exceeds $100,000 in value, is a law enforcement semitrailer, or disrupts interstate commerce involving cargo exceeding $50,000 in value, it bumps up to a First Degree felony. Naturally, the maximum punishment rises as well, including a 30-year prison sentence and a $10,000 fine.


Your Advocate

If you have been accused of grand theft, it is imperative that you have a strong legal defense. At the Robert Foley Law Firm, our experienced team will work aggressively to ensure the best outcomes for you. Contact us today in Fort Myers or Punta Gorda for a free initial consultation.

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changes in florida’s marijuana laws

Changes in Florida’s Marijuana Laws

February 12, 2018/in Uncategorized /by DAMG

 

Recent changes to Florida’s marijuana laws regarding medical marijuana leave some with questions about just what is now legal, and what can get you into trouble with law enforcement. If you find yourself the target of a local prosecutor, you will need an effective defense.


Medical Marijuana Legalized in Certain Situations

Full-strength marijuana is available as a treatment for patients suffering from a range of debilitating medical conditions. What exactly qualifies as such a condition and who decides what conditions make the list is still under debate, however, particular conditions have been specifically named:

  • Epilepsy;
  • Cancer;
  • HIV;
  • AIDS;
  • ALS;
  • PTSD;
  • Glaucoma;
  • Crohn’s disease;
  • Parkinson’s disease;
  • Multiple sclerosis.


What About Recreational Use?

Florida law still prohibits the recreational use of marijuana. For one thing, the implications are worth considering:

  • Medical marijuana users cannot simply pick up the stuff on the street. Instead, it must be acquired through a special dispensary, which gets its inventory from one of a limited number of nurseries. Products ranging from oils and tinctures to pills and edibles may be available.
  • Growing backyard plants, buying and selling outside of an approved dispensary, and smoking cannabis for any reason, above all, are all still illegal.


Penalties Associated with Marijuana Possession

While possession and sales of marijuana are illegal without a prescription, Florida laws are still spelling out punishments on the books. In addition to a suspended driver’s license, those convicted of possession may consequently face some pretty tough reprimands:

  • Possession of over 20 grams is a felony, punishable by up to five years of incarceration and $5,000 in fines;
  • If you are caught buy phentermine 2012 with more than 25 pounds, then you are facing a mandatory three years incarceration, and as much as 15 years on top of a $25,000 fine;
  • A few plants in your yard could result in consequences similar to possession of small amounts. If you have over 25 plants, you are facing 15 years as well as $5,000 in fines;
  • Having cannabis within 1,000 feet of a college, park, or school potentially nets you 15 years incarceration a $10,000 fine;


Legal Consequences of Marijuana Sales

The penalties for selling marijuana are contingent on the amount of the drug involved.  Incarceration can be anywhere from one to 30 years, and fines of up to $200,000 may be incurred. As with those convicted of possession, individuals found guilty of selling marijuana will have their driver’s license suspended for one year.


Possession of Drug Paraphernalia

Simply possessing drug paraphernalia is a first-degree misdemeanor in Florida, which could result in up to one year of prison and $1,000 in fines.


Drugged Driving

Obviously, even with a prescription, you are not allowed to operate a motor vehicle while under the influence of cannabis. The penalties may include a suspended license, incarceration, and fines, all depending on the seriousness of the driving infraction or accident.


You Deserve a Strong Legal Defense

Our constitution guarantees you the right to a legal defense. At the Robert Foley Law Firm, you will receive personalized, aggressive representation. Contact us in Fort Myers or Punta Gorda for a confidential consultation today.

 

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challenging your dui charge

Challenging Your DUI Charge

February 12, 2018/in Uncategorized /by DAMG

You may be looking at some serious penalties if police arrest you for a DUI charge, or driving under the influence (DUI) of alcohol or drugs. A vigorous defense can minimize or even eliminate those consequences. It is in your best interest to have an experienced DUI attorney on your side to ensure the best outcomes in your case.


DUI Legal Penalties

If you are asked to submit to a breath, blood, or urine test by a law enforcement officer and you refuse, you are subject to a one-year suspension of your driver’s license. But even one DUI charge or conviction can lead to a record that follows you for years. Depending on the circumstances of your arrest, you could face hefty fines, community service requirements, probation, imprisonment, license revocation, DUI School, and ignition interlock installation on your vehicle. None of these consequences are pleasant.


Probable Cause

An officer cannot require you to undergo a field sobriety test or other testing for DUI without probable cause. Generally speaking, you must commit a fairly egregious driving error in order for police to stop your vehicle.


Challenging the Blood Test

 Key challenges to blood tests include:

  • Poor training of the person who drew the blood;
  • Poor record keeping;
  • Missteps in the collection process;
  • Discrepancies in the blood alcohol concentration (BAC) at the time of driving compared to the time of the blood test.

Since the blood test is a key piece of evidence that will be used against you, challenging the veracity of the blood test results is an important piece of your defense. Clearly, there may be an affect on the integrity of the blood specimen by how it is drawn. In all likelihood, the person who collected the sample had only about 40 hours of training. Nonetheless, law enforcement asks that you trust your future to their competence.

Blood Test Questions

Did police draw your blood soon after the DUI charge? Your BAC level may increase as time goes on, making your level at the time of the draw significantly different from the level at the time of driving. Preservative powder of the right type and amount must be used to ensure fermentation does not occur in the tube of blood. Testers must properly store the mixture of blood and the correct amount of anticoagulant powders. If errors in these procedures occur, the results of the blood draw may not be accurate.

What about after they collect the blood? If they do not refrigerate and store the blood properly, false positives may be the result. Not to mention, once the blood reaches the lab for analysis, further errors may occur.  The Gas Chromatograph used to measure alcohol content in the blood may confuse other compounds for alcohol. Even when it measures alcohol content correctly, it cannot determine whether the alcohol detected was formed during the delay or whether it was actually in the person’s body at the time of collection, nonetheless at the time of driving.

After all, forensic labs do not frequently study and report error rates for this type of testing. It seems ridiculous to let your future rest on the results of such an arbitrary system.


Fighting Back

At the Robert Foley Law Firm, our knowledgeable team knows just what to look for when examining your arrest record. We will fight to ensure the best outcomes for our clients. Contact us today for a confidential consultation.

 

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obstruction of justice: florida consequences can be severe

Obstruction of Justice: Florida Consequences can be Severe

February 4, 2018/in Uncategorized /by DAMG

Floridians were dismayed to hear that their trust in Police Sergeant Phillip Antico of Boynton Beach was unfounded. He was found guilty of lying to the FBI in an investigation into the beating of an unarmed man. That act of deception could cost Antico up to 20 years in federal prison; the courts do not look kindly upon obstructing justice. If you find yourself facing similar prospects, a good criminal defense attorney may be worth talking to.


What Constitutes Obstruction of Justice?

There are a slew of actions that could lead to charges of obstruction in Florida. Essentially, it refers to any behavior that influences or impedes, or attempts to impede, the administration of justice.  Specifically, that could include:

  • Evidence tampering;
  • Witness harassment or tampering;
  • Jury harassment or tampering;
  • Resisting a law enforcement officer, with or without violent actions;
  • False impersonation of a police officer;
  • Accessory after the fact;
  • Unlawful use of police communications;
  • Disobeying lawful orders from law enforcement officers;
  • Perjury;
  • Falsification or destruction of documents;
  • Escaping or aiding in an escape.


Criminal Penalties for Obstruction of Justice

The maximum consequences for a guilty conviction in an obstruction case depend on the legal classification of the offense:

  • Second Degree Misdemeanor: $500 fine and 60 days in jail. For example helping a juvenile escape from a correctional facility or failing to aid an officer.
  • First Degree Misdemeanor: $1,000 fine and one year in jail. For instance resisting arrest (without using violence) and unlawfully using a police badge.
  • Third Degree Felony: $5,000 fine and five years in prison. Examples include resisting arrest with violence and intentionally harming a police or fire dog.
  • Second Degree Felony: $10,000 fine and 15 years in prison. Such as helping in a prison escape by providing tools, or impersonating an officer in the commission of a felony.
  • First Degree Felony: 10,000 fine and 30 years in prison. Examples include committing a felony that results in a fatality while impersonating an officer.
  • Life Felony: $15,000 fine and life in prison. In fact, using police communications to commit a first-degree felony constitutes a life felony.


Avoiding Charges of Obstruction

Because circumstances can be interpreted broadly, it is essential that an air of cooperation is plain in any interactions with law enforcement personnel. Belligerent comments, a haughty attitude, or smug remarks may make one feel powerful and self-satisfied, but eventually they may result in charges of obstruction. Officers will interpret your behavior based on past experiences as well as the immediate situation. By all means, exercise your rights without giving law enforcement any ammunition for such a charge.


If You do Face Charges of Obstruction

Whether you are accused of altering documents, resisting arrest, or improper use of police communications, you are facing serious consequences. At the Robert Foley Law Firm, our experienced team of attorneys will work in order to secure the best possible outcomes for you. If you want an aggressive and undaunted defense, then contact us in Fort Myers or Punta Gorda today.

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    If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative.

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    If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative. As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.

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