Have you been accused of committing fraud? In this article, a federal criminal defense lawyer in Tampa with The Rickman Law Firm will discuss eight of the most common crimes associated with fraud. Even if you are completely innocent of a crime, it’s important to know about the different types of fraud. If you have been accused of any of the crimes in this article, consult our criminal defense law attorneys in Tampa.
It’s not unusual in the modern day for a consumer to discover that their credit card was compromised. There are many ways this can happen, including:
If you have been accused of credit card fraud, speak with an experienced federal criminal defense attorney in Tampa to learn about more potential legal defense strategies.
Telemarketing fraud is considered to be any type of misleading or deceptive offer made through phone solicitation services. Although there are plenty of credible telemarketing businesses that reach out to consumers, solicitors need to be aware of restrictions under Florida law. You can learn more about telemarketing requirements in the Sunshine State by visiting the Florida Department of Agriculture and Consumer Services (FDACS) website.
There are a variety of ways a person’s identity can be stolen, ranging from online research to even digging through their trash. An identity thief can obtain credit card information, a social security number, a driver’s license number, or other information without a person’s consent and use this information to apply for a line of credit, file a fraudulent tax return, or collect earned wages in someone else’s name. If you have been accused of identity theft, the prosecution must prove that you used this information with unlawful intent. In some cases, a person is given consent to use personal information or a suspect is arrested in a case of mistaken identity.
According to the Better Business Bureau (BBB), here are five of the “riskiest scams” involving businesses:
Investment frauds like Ponzi schemes look great on paper because the investor is offered a high return with little risk of losing their money. Ponzi schemes involve unregistered investments with the SEC and lack documentation to show the investor how their money was invested. The scheme involves the orchestrator taking the new investor’s money to pay off previous investors while keeping the remaining funds.
Whether it’s a fake natural disaster fund, a bogus charity on a for-profit website, or a charity that is not government-approved, there are several ways a charity program’s organizer can be accused of charity fraud. Moreover, an organization may be considered credible, but if it’s discovered that the charity failed to devote much (if any) of their donations to their cause, it can also result in legal action.
Healthcare and insurance fraud are common crimes. For example, a healthcare provider may perform unnecessary services or overbill their patients. In other insurance-related cases, a solicitor may obtain a person’s Medicare information for fraudulent use. If you are a healthcare provider who has been accused of healthcare fraud, you can experience excessive fines, potentially lose your license, or face incarceration if found guilty of fraud.
Any type of action that results in stealing cash through a businesses’ payroll system is considered payroll fraud. Examples include an employee requesting an advance on their pay and never paying the business back, or a bookkeeper or payroll staff reallocating funds from the company payroll into a direct deposit.
Any of the above types of fraud cases are complex and can result in serious penalties. If you have been accused of fraud, speak with a criminal defense lawyer in Tampa.
For a free consultation with a criminal defense lawyer in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
If you have been accused of a crime like domestic violence, you should know that the burden is on the prosecution to prove that you were guilty beyond a reasonable doubt. Considering that most domestic violence cases occur in the privacy of a home, these cases are challenging for prosecutors to prove. In this brief article, a domestic violence defense lawyer in Tampa with The Rickman Law Firm will discuss how the prosecution will try to prove that a defendant is guilty of a crime like domestic violence.
Although there may not be much physical evidence related to a domestic violence case, the prosecution will do their best to present any physical evidence that hurts the defendant’s case. Common pieces of physical evidence include photographs of injuries the victim sustained, as well as items or property damaged during the incident. Other forms of evidence could include text messages between the defendant and the alleged victim, social media content, or voice messages left by the defendant.
Photos of abuse can be extremely impactful to a jury. Although “a picture is worth a thousand words,” in domestic violence cases, a picture alone may not provide the full story. An experienced domestic violence defense attorney in Tampa can assess any physical evidence presented by the prosecution and provide an alternative explanation that brings its relevance into question.
Although witnesses are crucial for any criminal case, they are especially important in domestic violence cases where physical evidence may be lacking. The prosecution will rely on witnesses to provide compelling testimony related to the incident. Common witnesses in domestic violence cases include:
Whether the person under oath witnessed the incident, observed physical evidence related to the crime, or received a statement from the victim, the defendant’s legal counsel has a right to cross-examine any witnesses. An experienced attorney also has a firm understanding of the legal proceedings during both a trial and preliminary hearings. For example, if a witness did not testify in a preliminary hearing, they should not be authorized to make any statements at the trial. An experienced attorney can cross-examine any witness, challenge any inconsistencies in their statements, and ensure that the defendant is provided a fair trial.
Although the prosecution has many challenges in presenting evidence during a domestic violence case, a defendant should never assume that it will automatically result in a favorable outcome. Without an experienced domestic violence defense attorney in Tampa on your side, you are leaving your future to chance. If you have been accused of a serious crime like domestic violence, you require the services of an excellent criminal defense attorney that will work tirelessly on your case to ensure you obtain the best outcome. Contact Anthony Rickman of The Rickman Law Firm today.
For a free consultation with a domestic violence defense lawyer in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Florida law defines aggravated assault as a threat to do violence to another “with a deadly weapon without intent to kill” or “with an intent to commit a felony.” We’ve already covered assault with the intent to commit a felony in a previous article. Below, we discuss what can be considered a “deadly weapon” under Florida law. Unfortunately, the law doesn’t provide an exact definition, and there are a wide variety of items that can lead to an aggravated assault charge. If you have been accused of aggravated assault, it is in your best interest to consult an aggravated assault attorney in St. Petersburg who can work to have your charges reduced, dismissed, or dropped.
A “deadly weapon” is a weapon that can be used in a way that is likely to produce death or great bodily harm. As we’ve covered previously, Florida residents must use extreme caution when they fear that a situation could escalate into threats of violence. In these moments, a pocket knife, gun, or speeding car can be considered a deadly weapon — all have the potential to produce death or great bodily harm. However, Florida’s definition of a deadly weapon leaves a lot of room for interpretation. Here are a few unusual items that may lead to an aggravated assault charge in Florida:
Being charged with aggravated assault and being convicted of aggravated assault are two different things. Many items that are initially considered a deadly weapon don’t hold up under scrutiny. Despite this, law enforcement officers will happily charge individuals with aggravated assault and judges will regularly hand down convictions for assaults that involve weapons that are clearly not “deadly.”
Aggravated assault is a third-degree felony punishable by up to five years in prison and a $5,000 fine. If you’ve been charged with aggravated assault after threatening someone with an unconventional item, you face the same penalties as an offender who used a gun, knife, or moving vehicle. An experienced attorney could mount an effective defense that includes arguing that the object in question is not a “deadly weapon,” among numerous other strategies. Contact Anthony Rickman, the best aggravated assault attorney in St. Petersburg, and take the first steps towards having your charges dropped, reduced, or dismissed.
For a free consultation with an aggravated assault attorney in St. Petersburg, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Telemarketing crimes are a common form of fraud. Typically, this type of fraud involves a solicitor calling a potential client and requesting that they act fast on an amazing once-in-a-lifetime offer. Of course, the offer is a way to deceive the consumer into providing their payment information over the phone. Florida has instituted several laws to help protect consumers from falling victim to this form of fraud, including the Florida Telemarketing Act.
With new restrictions in place, telemarketing businesses could face criminal penalties unless they are mindful of recent changes to Florida law. If you have been accused of violating telemarketing laws in Florida, consult a fraud defense attorney in Tampa.
If you own a telemarketing business in Florida, or any business that requires employees to solicit services over the phone, it goes without saying that you need to be aware of telemarketing laws in the Sunshine State. Even if you own a telemarketing business outside of Florida, you can still be held liable for breaking these laws if your phone calls are targeting Florida residents.
Here is some more information on the requirements of the Florida Telemarketing Act:
Telemarketing fraud is a serious charge that may be prosecuted on either the state or federal level. Although Florida has its own telemarketing laws, it’s not uncommon for the Federal Trade Commision (FTC) to investigate complaints for cases in which fraud was committed across state lines. Regardless, for telemarketing fraud crimes, it’s best to hire a fraud defense lawyer in Tampa who is experienced defending cases in both Florida and federal court. If you are facing fraud charges, speak with Anthony Rickman of the Rickman Law Firm today.
For a free consultation with a fraud defense attorney in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
It goes without saying that being accused of a federal crime is a serious accusation. If convicted, offenders can face exorbitant fines and be imprisoned for the majority of their lives. However, a felony conviction can impact a person’s life long after they’ve left prison. Below, we discuss the rights that are forfeited when a felony conviction is handed down. These aren’t simple conveniences being taken away; they are civil liberties that define the American experience. If you or a loved one has been accused of a federal crime, it is imperative that you contact a criminal defense lawyer in Tampa who can fight to preserve your rights.
In the State of Florida, those convicted of a felony lose their right to vote while they are incarcerated. In years past, convicted felons lost the right to vote for life. However, on Jan. 8, 2019, Florida citizens voted in favor of Amendment 4, allowing convicted felons who were not convicted of murder or felony sex charges to vote once they’ve completed their prison sentences. But hopeful voters continue to face roadblocks as lawmakers passed S.B. 7066 preventing felons from voting until they pay off all court fees and fines before their sentences are completed.
Convicted felons often face massive fines that can halt any attempt to reintegrate into society. Upon leaving prison, most felons are without work or the means to support themselves. What’s worse is that they are automatically barred from social welfare programs, such as federal grants, public housing, and food stamps. While many states allow former felons with drug convictions to receive food stamps, Florida is one of only a handful that don’t — a decision that has been shown to increase recidivism among drug traffickers.
As stated on the website for the Bureau of Alcohol, Tobacco, Firearms and Explosives, “The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition.” Included in the lengthy list provided are those “convicted in any court of a crime punishable by imprisonment for a term exceeding one year.” Possession of a firearm by a former felon is a felony itself, punishable by a minimum-mandatory prison sentence of three years. While former felons can have their rights restored by the Office of Executive Clemency, it’s a process that involves numerous hoops to jump through and can take years to finalize. To learn more about this process and having a felony conviction expunged or removed from your record, consult a criminal defense lawyer in Tampa from the Rickman Law Firm.
Removal of the above rights is just one consequence of a felony conviction. Despite time served, a person can still be barred from financial aid, traveling abroad, and employment opportunities. This is simply an extended punishment that makes life unbearable for many convicted felons in the State of Florida. If you have been accused of a felony, don’t jeopardize your rights through inaction. Contact the federal criminal defense law attorneys in Tampa from The Rickman Law Firm.
For a free consultation with one of our federal criminal defense law attorneys in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.