What are Search and Seizure Protections for Accused Individuals?

 Posted on October 25, 2019 in Criminal Defense

Anyone who has been accused of committing a crime should keep in mind that they have important criminal defense protections that authorities must follow when arresting an accused individual for an alleged crime. The Fourth Amendment of the United States Constitution protects accused individuals from unreasonable searches and seizures so it is helpful to know what that includes.

Fourth Amendment protections against unreasonable searches and seizures include the person of the accused individual, as well as their home, business or property. If police have violated the accused individual's search and seizure rights and protections, it may call into question the evidence they obtained and the charges against the accused individual. Because of the overwhelming importance of criminal defense protections, such as those against unreasonable searches and seizures, it is essential for accused individuals to know when they apply.

Search and seizure protections apply in circumstances when an individual is stopped and questioned by police while walking down the street; when an individual is pulled over for a minor traffic infraction and the trunk of their vehicle is searched; when an individual is arrested; when authorities enter the home of an individual and arrest that individual; when authorities enter the home of an individual to search it for evidence of a crime; when authorities enter the business place of an individual to search it for evidence of a crime; and when authorities confiscate an accused individual's vehicle or other personal property and place it under police control.

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What are Examples of Everyday White Collar Crimes?

 Posted on October 11, 2019 in White Collar Crimes

Just because white collar crime may occur every day does not mean that it is not serious and cannot result in serious penalties and consequences for accused individuals.

For anyone facing white collar criminal charges, accusations and allegations, it is important to be familiar with some common types of white collar crimes that can lead to potential trouble.

Examples Of White Collar Crimes

One example of white collar crime that may not be uncommon is tax evasion which is a form of tax fraud. Most white collar crimes involve an element of fraud which is considered the use of deceptive practices to obtain something of value for personal gain. Another example of white collar crime can include stealing trade secrets which an everyday employee may be able to do. In addition, money laundering and embezzlement may also be forms of white collar crime that can result in criminal charges.

Potential Consequences Of White Collar Crimes

White collar criminal charges can result in fines, potential jail time and a criminal record for the accused individual which can make their professional and personal lives difficult. As a result, it is helpful for accused individuals to be familiar with how to defend themselves against white collar criminal charges and how to utilize important criminal defense protections when facing them. Any criminal defense strategy may focus on any police misconduct, if proper procedures were not followed by authorities or problems with the facts and evidence as alleged by authorities or in witness statements.

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Heather Barbieri Discusses Guyger Case Developments on WBAP Radio

 Posted on October 03, 2019 in Criminal Defense

On October 1, former Dallas police officer Amber Guyger was convicted of the "mistaken apartment murder" that took the life of neighbor Botham Jean. This verdict came as something of a surprise to some who followed the trial, including our own Heather Barbieri of Barbieri Law Firm.

Barbieri's Viewpoint

In a discussion on WBAP Radio's "Chris Salcedo Show," Barbieri and host Chris Salcedo stated that the prosecution "missed the mark" with not only their own witnesses but also in the cross-examination of the defense's first witness, Guyger. Failing to counter the defense's gains at every turn, Salcedo described the prosecutor himself as "cocky" and "dismissive" in his questioning of Guyger. Barbieri felt that the "snide comments" made by the prosecution actually made Guyger more sympathetic as a witness.

Barbieri's main concern with the prosecution's case was that they failed to bring up recklessness and that, in her opinion, this was necessary to make the case for first-degree murder. Given the considerations of "mistake of fact" and self-defense, she felt that defense came out ahead as of Guyger's testimony.

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What Are The Rules Regarding Check Forgery?

 Posted on December 07, 2018 in Forgery

Texas has strict rules when it comes to writing bad checks. Whether you willfully or accidentally write a check on a bank account with insufficient funds, write a check from a bank where you have no account or sign another person's name on a check, the penalties are severe.Writing a bad check is a state jail felony punishable by between 18 and 24 months in jail and a fine of up to $10,000. The conviction stays on your record for five years and affects your ability to get jobs, take out loans and, obviously, open a bank account.There is no shortage of allegedly fraudulent check writers throughout Texas. Among the most recent examples:

• One Jourdanton couple faces multiple counts of forgery after police found goods allegedly purchased with fraudulent checks, along with items reportedly stolen from area businesses and alleged drug paraphernalia.
• Police in Amarillo are looking for a woman wanted in three counties for fraud, forgery and credit card abuse.

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Importance Of A Strong Criminal Defense Strategy

 Posted on December 06, 2018 in Criminal Defense

When any accused Texan is facing criminal charges, a strong criminal defense strategy is paramount. A strong criminal defense strategy can potentially help mitigate some of the possible penalties and consequences the accused individual is facing as a result of the criminal accusations and allegations that led to the charges they are facing.

Criminal Defense Strategies

There are a variety of different types of criminal defense strategies, and the best one depends on the situation and circumstances the accused individual is facing. Some criminal defenses are based on specific affirmative defense, while others may be based on an attack of the alleged evidence or the activities of authorities, if they violated any of the accused individual's rights. There are different methods of approaching a criminal defense strategy that accused individuals should understand.

Why You Need A Criminal Defense Attorney

There may be circumstances when the accused individual provides admissions, a denial or an explanation of the crime. Though, because there is so much riding on any criminal defense strategy, it is essential for accused individuals to have trained guidance when facing criminal charges and determining how to respond to the charges. Accused individuals have important criminal defense rights that must be protected and it is essential for them to understand how to assert those rights.

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One Surgeon Defrauded Over 2,500 People

 Posted on November 29, 2018 in Fraud

50-year-old Spyros Panos, an ex-orthopedic surgeon, saw dozens of patients a day at his suburban medical group in New York. Over the years, he was billing for surgeries never performed and inflating charges. After being caught, his first criminal scheme shutdown, only to be followed by another: medical insurance fraud.

During this new stage of fraud, Panos posed as another doctor. With his new identity, he reviewed thousands of patient medical records, affecting over 2,500 individuals nationwide. According to state officials, he denied almost 200 medical and workers' compensation claims. Some of the allegations and charges against him include:

• Wire fraud
• Identify theft
• Medical malpractice
• Falsifying medical records

After a decade-long of criminal activity, Panos earned over $7.5 million. Court records indicate that he performed up to 20 surgeries daily, and saw anywhere from 60 to 90 patients a day in his office.

Analyzing industry vulnerabilities

The length of Panos's criminal history raises questions about security and accuracy in the medical review industry. Some companies told authorities that they are working on preventing posers from infiltrating the system. However, the industry has yet to present any preventative measures. Anthem Inc, Health Care Service Corp. and The Hartford were just a few insurance companies using Panos's fraudulent services.

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Healthcare Fraud Can Lead To Major Penalties

 Posted on November 29, 2018 in Fraud

Healthcare fraud constitutes a serious offense. A case involving the patient medical care and the possibility of negligent doctors may bring significant consequences for convicted physicians.

To avoid any criminal charges, medical employees should take precautionary steps to ensure the safety of their patients and uphold their lifesaving responsibilities. Should a court accuse you of healthcare fraud, contacting an experienced attorney may provide you with the best defense and opportunity to avoid penalties.

Common Healthcare Fraud Charges

Although you strive to work ethically when dealing with patients, accidents happen, and opportunities still exist for a court to convict you of medical fraud. Providing only necessary services and avoiding serious missteps in the medical care of your patients may save you from significant penalties.

Healthcare fraud usually involves the violation of the following statutes.

• The Federal False Claims Act: If you commit offenses against the False Claims Act, a court may find that you submitted claims to Medicare or Medicaid for services not provided to your patient. Perhaps:
  • You charge a patient or their insurance company for an x-ray, but the x-ray scan never occurs.

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White Collar Criminal Charges Are Serious Criminal Charges

 Posted on November 22, 2018 in White Collar Crimes

White collar crimes are a category of crimes that can lead to potentially stiff penalties and consequences which is why being charged with them should not be treated lightly. Preparing a strong criminal defense strategy to Texas white collar criminal charges is essential for accused individuals.

Types Of While Collar Crimes

White collar crimes include theft, embezzlement, various types of fraud, identity theft, forgery, internet crimes and money laundering. Many white collar criminal charges relate to accusations of some type of fraud. Embezzlement refers to circumstances when the accused individual is rightfully in possession of property or money, but through some sort of deceit, misappropriates the money or property intending it for personal gain.

As any accused individual can see from the brief description of embezzlement above, white collar criminal charges can be extremely complex and technical and oftentimes difficult to understand. Criminal defense options may include challenging the facts as alleged by authorities, challenging the validity or the evidence or challenging how the evidence was collected and the procedures that were, or were not, followed by police. If important procedures authorities are required to follow were disregarded or the accused individual's rights were violated in any way, it may form the basis of a criminal defense response.

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Preparing A Defense To Prescription Drug Charges

 Posted on November 20, 2018 in Drug Charges

Sometimes people may have the misunderstanding that charges for prescription drug fraud are not as serious as other types of drug charges. In reality, prescription drug charges are serious criminal charges that accused individuals should be prepared to defend against.

The truth is that prescription drug charges are no laughing matter and can carry serious penalties and consequences for accused individuals. When many people think of drug charges, they think of drugs like cocaine, heroin, methamphetamine and marijuana but drug charges can apply to prescription drugs as well. If prescription drugs are illegally obtained, possessed or distributed, accused individuals can face significant penalties and consequences.

Application And Consequences

In fact, prescription drug charges can apply to illegally possessing, distributing or trafficking prescription medications such as Fentanyl, OxyContin, Morphine, Codeine, Demerol, Adderall or Vicodin. Prescription drugs charges may not only result in criminal penalties but can carry a whole host or personal and professional consequences as well and can result in a criminal record that may follow the accused individual for some time to come.

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What Felony Level is Identity Theft in Texas?

 Posted on November 07, 2018 in Identity Theft

Identity theft has become a major issue in today's world. So, you might not be surprised to hear that Texas has harsh laws against such theft.

Under Texas law, it is a felony offense to use, transfer, possess or obtain the identifying information of another person, without permission, with the intent to defraud or harm someone.

Now, what level of felony identity theft is in Texas varies. It primarily varies based on how many items of identifying information the offense involved. The more items involved, the more severe the felony level.

Standard Felony Levels For Identity Theft In The State

• State jail felony: Offenses involving less than five items
• Third-degree felony: Offenses involving at least five but less than 10 items
• Second-degree felony: Offenses involving at least 10 but less than 50 items
• First-degree felony: Offenses involving at least 50 items

Also, if an identity theft offense was against an elderly individual, the felony level of the offense goes up one severity level from what would normally be the case given how many items the offense involves (unless the offense is already at the first-degree felony level, in which case it stays there).

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