There are many types of white collar crimes

A white collar crimes attorney will be able to defend you against a wide array of white collar crimes, such as:

Bankruptcy Fraud – If you knowingly make a false statement on a bankruptcy filing, you can be charged with fraud.  You can also be charged when you conceal assets from a bankruptcy trustee in an attempt to have them withheld from creditors.

Health Care Fraud – These are the most commonly prosecuted white collar crimes in federal court.  They generally start when someone submits false claims to the federal government for payment, usually under Medicare.  These can either be for services that were not provided or for fake patients who do not really exist.

Tax Crimes – These types of crimes involve tax misrepresentation, or tax evasion, a complete failure to file a tax return and can involve prison time if convicted.

Immigration Fraud – There are many ways immigration fraud can be committed, from taking part in a sham marriage, to lying on an immigration form, or providing false information to help someone get into the country illegally.  If you are already in the country on a visa, and you lie about your status to obtain employment, you can be charged with a crime as well.  If you are convicted, you can spend time in prison and/or be deported and never allowed to enter the United States again.

Securities Crimes – There are many types of securities fraud that involve pump and dump schemes, churning stocks and bonds, making misleading statements about the prospects of a company and many others.  The federal government works closely with the Securities and Exchange Commission to police these infractions.

Real Estate Fraud – Creating a false appraisal of the value of a property, falsifying loan documents if you are a buyer or a mortgage broker, and not disclosing defects and other negative aspects of the property and other crimes that are considered real estate fraud.

The penalties for white collar crimes can be especially harsh, often times on par with those doled out for violent crimes.  But the severity of a sentence will vary, depending on the amount of loss and how many victims were involved.  Generally, the higher the number of victims, the tougher the sentence.

Dwane Cates Law Group proudly serves the cities of Phoenix, Scottsdale, Glendale, Tempe, Mesa and surrounding Arizona communities.

Identity theft is a serious financial crime

In recent years, identity theft has become a major problem. It is a form of financial fraud that can be committed in many different ways. Unsuspecting victims may have their personal information stolen to open credit card accounts, have loans taken out or have their bank accounts drawn down without their knowledge.

Any person who knowingly purchases, creates, records or possesses anyone else’s financial information is guilty of identity theft. In Arizona, this is considered a Class 4 felony and can result in stiff jail sentences and fines of up to $150,000. The severity of the penalty will depend on the amount of monetary damage to the victim, how sophisticated the identity theft was and the defendant’s past criminal record.

If a person is charged with an identity theft crime, there are a few defenses that a financial crimes lawyer can mount on their behalf.

The best defense is to claim that there was no fraudulent intent or unlawful purpose for the defendant to be in possession of another person’s identitymaterials.

Obtaining another person’s personal identifying information with someone’s consent for a legitimate purpose does not, in itself, constitute identity theft.

If you are charged with an identity theft crime, it is essential to work with an experienced financial crimes defense attorney to ensure the best outcome for your case. Because there are so many different ways that an identity theft case can be prosecuted, it is essential to respond by creating a defense that is customized to your particular situation so that you stand the best possible chance of getting charges reduced or dismissed.

Dwane Cates Law Group proudly serves the cities of Phoenix, Scottsdale, Glendale, Tempe, Mesa and surrounding Arizona communities.

Making your case for self-defense

Defending yourself, your family or your possessions against criminal actions is a widely accepted principle, but specific rules as to how this is administered will vary widely from jurisdiction to jurisdiction.

In cases of self-defense, you have the right to use enough force or violence to stop or counteract force or violence that is being attempted to be used against you.  While this sounds simple enough, the degree to which a person can use force creates a serious grey area that has been the focus of many heated cases in recent years.

States have developed general guidelines to help administer self-defense laws.  Many of these can be fully fleshed out by an experienced self-defense attorney defending a person accused of overstepping their self-defense rights.

An imminent threat – A person may only use self-defense measures when it is in response to an immediate threat.  The threat must be one that puts a person in immediate physical harm.  Yelling and threatening a person and then stopping may not be met by a physical self-defense response because the immediate threat has passed.  Such an act is considered retaliatory.

A reasonable perception of harm – Self-defense can be justified if a reasonable person in a similar situation would view the acts as potentially, immediately harmful whether they were intended to be or not.

A proportional response – You can only use self-defense to the same degree as the threat in question.  If a person attempts to use deadly force against you, then you can safely use deadly force against them.  But if the threat is much less than that, you will overstep your legal bounds if you still use deadly force as a self-defense response.

The Castle Doctrine – In most states, a person can use deadly force against someone who unlawfully enters their home.

Dwane Cates Law Group proudly serves the cities of Phoenix, Scottsdale, Glendale, Tempe, Mesa and surrounding Arizona communities.

The cost of violating your probation

If you’ve been arrested, convicted of a crime, but are lucky enough to be sentenced to probation, you may breathe a sigh of relief.  But that sigh can quickly go away if you don’t diligently follow the terms and conditions of your probation.

While a good probation violation lawyer may be able to help you avoid going to jail due to your transgression, you need to understand that a probation violation can also result in more significant jail time and fines, or an even longer extended probation period.

There are many ways you can violate your probation.  All of them basically stem from ignoring, avoiding, refusing or acting in such a way that you violate the terms the legal system has set out for you at any time during your probation period.

This may include:

  • Not reporting to your probation officer at your scheduled time and date.
  • Possessing, using or selling illegal drugs.
  • Not paying fines as required by the court.
  • Not appearing in court on your set dates and times.
  • Meeting with people or going places you are expressly forbidden to do so as part of the terms and conditions of your probation.
  • Committing other crimes or getting arrested for any other violation.

When you violate your probation, your probation officer has a lot of leeway to determine what happens next.  He can issue a warning or require you to appear in court for a probation hearing.  Much of this rests upon the type of violation and your history of probation compliance.

At a hearing, a judge will weigh several factors, including the severity of the violation, your probation history and any other circumstances unique to your situation.  If you are found guilty, you will be sentenced accordingly.  Your probation time may only be extended, you may be assigned community service or rehabilitation classes, you may be ordered to serve some time in jail, or you may revert back to the terms of your original sentence and serve out your remaining time in jail.

Dwane Cates Law Group proudly serves the cities of Phoenix, Scottsdale, Glendale, Tempe, Mesa and surrounding Arizona communities.