Michael A. Gottlieb, P.A.Michael A. Gottlieb, P.A.2024-03-05T11:14:31Zhttps://www.browardcriminallawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1203418/2023/02/cropped-favicon-32x32.jpgOn Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474542024-03-05T11:14:31Z2024-03-05T11:14:31ZRICO basics
Well, for starters, “RICO” is an acronym for the Racketeer Influenced and Corrupt Organizations Act. Under this federal law, originally codified in 1970, suspects who are part of an organized criminal enterprise can face criminal charges even when it may be difficult to directly tie those individuals to specific criminal acts. So-called “little” RICO laws have been implemented by a handful of states, including Florida and neighboring Georgia.
When it was enacted back in 1970, the original federal RICO law was intended to be used against the so-called “mafia.” Individuals who were considered to be higher up in the loosely defined mafia structure were, at the time, difficult to connect to illegal moneymaking efforts.
As our readers have probably been able to see by the extensive news coverage of RICO cases, these cases can be sprawling and, as a result, difficult for prosecutors to pursue and ultimately prove. Illegal debt collection, money laundering and other efforts tied to alleged efforts to illegally earn funds can all be the source of RICO charges.
And, if a conviction results, the penalties can be especially harsh. If you are facing charges in a potential RICO case in Florida, be sure to get the right information about your criminal defense options.
]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474532024-02-28T18:41:40Z2024-02-28T18:41:40Zunderstanding the differences between the two is critical.
Misdemeanor DUIs
In Florida, a DUI is usually a misdemeanor if it is a first or second offense within a specific period. However, several factors determine whether the DUI is a felony.
Felony DUIs
A third DUI conviction within ten years of a prior conviction is a felony.
Each subsequent offense carries increasingly severe penalties, including longer license suspensions and imprisonment.
If a DUI results in a severe injury to another person, the driver may face felony charges.
If a driver causes the death of another person because of a DUI, law enforcement authorities can charge them with DUI manslaughter, which is also a felony offense.
Having a previous DUI felony conviction enhances subsequent DUI charges to felony status.
Driving under the influence with a child inside the vehicle can cause a felony DUI, even if it is a first DUI, given that the driver is endangering the life of the child.
If a DUI causes property damage, particularly severe damage, the authorities may elevate the charge to a felony.
Suppose the police pull over a person for a suspected DUI, and the person refuses testing. In that case, the state can charge them with felony DUI in certain circumstances.
Driving under the influence on a suspended or revoked license because of a prior DUI conviction can lead to a felony charge.
You may be wondering what happens if a person gets a felony DUI and what their life may look like after a conviction.
This is important to know because it helps understand the seriousness of the distinction between a misdemeanor and a felony.
What's the matter with a felony?
Felony convictions result in severe consequences, such as longer prison sentences, significant fines, extended periods of suspension or revocation of a driver's license, and other punishments, including community service and the installation of an ignition interlock device if the person can drive again.
Long-term consequences
In addition, the long-term consequences of a felony DUI extend beyond the above. For example, an individual with a felony conviction can have difficulty seeking and securing employment, housing, financial aid, and other privileges.
Given the seriousness of felony convictions, people must understand the differences between misdemeanors and felonies, in this case, when the offense is a DUI.
Being aware of this empowers individuals to take action to prevent it. In the event of being charged with a felony DUI, they can seek appropriate legal aid, depending on the severity of the situation.]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474512024-02-22T21:05:30Z2024-02-21T19:34:18Zmail and wire fraud charges could result in significant criminal penalties; thus, it is imperative that those accused take the matter seriously. A criminal defense is available, and by taking timely and well-informed steps, this could help reduce or even dismiss the charges altogether.
Mail and wire fraud
At Michael A Gottlieb, P.A., our law firm knows firsthand how quickly individuals are hit with wire and mail fraud charges when facing other financial fraud charges. Whether it is bank fraud, tax avoidance, securities fraud or money laundering, prosecution will search for ways to add mail fraud, wire fraud or both to the existing charges.
With regards to mail fraud, this occurs when the mail is specifically used in the alleged scheme that is designed to defraud a person of money or their property. This charge could occur regardless of how the mail was sent. This means it could have been sent through the U.S. mail or a private carrier.
A wire fraud charge is based on the usage of electronic communication, such as a phone, email or fax, during a fraudulent scheme. For example, wire fraud could be tied to an internet fraud scheme or a tax evasion scheme with e-filed returns.
Defense options
Each time the alleged scheme is referred to or furthered by mail or wire, a criminal count is charged. This means an individual could face several counts of mail or wire fraud. This can quickly turn into a serious and complex matter, requiring a serious and strategic approach when creating a criminal defense.
A legal professional can help you assess the details of the matter and the evidence collected. With further investigation, you can uncover different defense options that could help you reduce or even dismiss some or all the charges against you. Thus, it is important to take a timely and aggressive approach to these and any criminal allegations.]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474452024-02-05T12:31:35Z2024-02-05T12:31:35Zyou can avoid spending the night in jail.
Why are bail and bonds set?
The terms bail and bond are sometimes used interchangeably but they have different meanings. The purpose of bail and bonds is to ensure that you will attend future court dates and not flee.
Bail is an amount of money set by the judge that you must pay yourself to be released. The court holds this money and it is refunded to you when your case is over.
Bond is paid by a bail bond agent. A bail bond agent is a licensed professional and often charges a non-refundable fee for their services which is usually around 10%.
The bail bond agent pays the full amount of your bail set by the court. You are released from jail when the bail bond agent pays your bond. Unlike bail, the bond is non-refundable and is paid to a third-party.
When your bail amount is set, you typically have a choice to pay it yourself or through a bail bond agent. The main reason people usually choose to pay via a bail bond agent is out of necessity if they cannot afford the amount themselves.
Pre-trial release requirements
Once your bail is paid through either method you are released, although you are still legally required to attend all court hearings and comply with other requirements.
These requirements usually include not committing any further crimes or contacting any victims or witnesses in your case. If you miss a hearing or do not obey any of these requirements you could forfeit your bail.
]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474442024-01-25T19:45:47Z2024-01-23T18:49:25ZUnder state law, theft and acquiring a credit card through fraud can lead to various penalties including jail time and fines. Depending on the allegations, these can be misdemeanors or felonies. Knowing the law and what charges are being made can be crucial with formulating an effective defense.
Know what constitutes theft and fraudulent acts with credit cards
A person who has taken or retained a credit card without the cardholder’s approval will be charged with credit card theft. They will also be charged if they took or received the card intending to use it, sell it or transfer it to another person.
Using a credit card that was delivered to them by mistake or one they found is also categorized as theft. For example, if a credit card was delivered to the wrong address, the person who received it cannot activate and use it or give it to another person to activate and use.
People who make purchases or are involved in sales using another person’s credit card; have acquired a credit card as security for a debt; are labeled a credit card “dealer” and issued at least two credit cards in other people’s names; have forged a credit card; signed another person’s credit card; or unlawfully possess a stolen credit or debit card can also be charged under this statute. Dealing in credit cards or forging them will be a third-degree felony.
A first-degree misdemeanor in Florida can result in a fine of $1,000 and a year in County jail. For a third-degree felony, the person can be fined up to $5,000 and be imprisoned for up to five years. In some cases, the victim or victims might receive restitution.
White collar crimes can result in severe consequences
Credit cards are a necessary part of everyday life and there are often accusations of people committing various types of crimes related to them. Those who are confronted with these charges might have been caught up in a criminal activity without their knowledge. There could be a misunderstanding with the credit card holder. Or they might be completely innocent. Penalties for white collar crimes are surprisingly harsh. Crafting a viable defense is imperative from the outset and can be helpful with avoiding the worst consequences.]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474422024-01-09T05:47:05Z2024-01-12T13:51:10ZThe Marchman Act
To address the underlying health and social issues that stem from drugs, and alcohol, addiction, the Florida legislature passed the Hal S. Marchman Alcohol and Other Drug Services Act in 1993. It is enshrined in Chapter 397 of the Florida Statutes and is a law that deals with “substance abuse prevention, intervention and treatment services.”
Commonly known as the Marchman Act, the law allows “voluntary or involuntary assessment, stabilization and treatment of a person abusing or addicted to drugs or alcohol.” The intention of the law is to help ensure that the person suffering from substance abuse or addiction can cope with it in a healthy and safe manner.
How the law operates
A petition under the Marchman Act can be filed voluntarily by the accused. However, if the accused is not filing voluntarily, it is also possible for a third person to file a petition in the interest of the accused. Some examples of that third person include spouses, family members, guardians, doctors, or any three persons who are aware of accused’s impairment.
The law, however, does not provide an easy exit from legal proceedings for just about anyone accused of drug possession. There are various criteria that need to be satisfied for the Marchman Act to apply. Upon filing of the petition, a circuit court judge hears the petition and then decide whether the law will apply to a particular case or not.
Legal proceedings under the law
If you wish to understand how legal representation can protect your rights during proceedings under the Marchman Act, you may want to visit the Marchman Act page on our website. The attorneys at the Law Office of Michael A. Gottlieb, P.A. are experienced in defending against drug charges, both at the state and at the federal level.
]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474412023-12-29T09:20:30Z2023-12-29T09:20:30ZThe process of bailing someone out can be confusing and stressful.
First, what is bail?
Bail is a set amount of money that the court requires defendants to pay as a guarantee that they will show up for future court dates. To be clear, though, bail is not a punishment, nor is it intended to be a fine. Instead, bail is a way of ensuring that defendants do not flee or commit new crimes while awaiting trial.
How is bail set?
Bail is set by the judge or magistrate based on several factors, such as the nature and severity of the charges, the defendant’s criminal history, their ties to the community, their risk of flight and their ability to pay. Bail can be set at any amount, from a few hundred dollars to millions of dollars, depending on the circumstances of each case. Bail can also be denied altogether, if the judge or magistrate determines that the defendant poses a danger to the public or is likely to flee.
Cash bond
There are three main ways to pay bail for your loved one in Fort Lauderdale. The first is cash bond. You can pay the full amount of bail in cash or by cashier's check at the Broward County Main Jail or any other Broward County Sheriff’s Office facility. You will need to provide proof of identity. You will get a receipt and a bond copy. You will get your money back at the end of the case, minus any fees or fines.
Surety bond
The second is a surety bond. You can hire a licensed bail bondsman to post bail. A bail bondsman is a person or a company that agrees to pay bail for someone in exchange for a fee, usually 10% of the bail. You will need to sign a contract with the bail bondsman and provide collateral to secure the bond. The bail bondsman will then post bail for your loved one and get them released. You will not get your money or collateral back from the bail bondsman, even if your loved one shows up for all their court dates.
Release on own recognizance
In some cases, the judge or magistrate may allow your loved one to be released from jail without paying any money. This is called ROR, and it means that your loved one promises to appear in court and follow any other conditions of their release. To request ROR, you will need to file a motion with the court and present evidence of their eligibility.
]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474392023-12-18T21:27:58Z2023-12-14T21:25:14ZPPP refresher
The federal government, to help small businesses pay their staff during supply chain issues and unprecedented business slowdowns, created the Paycheck Protection Program as a stopgap. But, after approving many applications for the program, now retrospectively, the Department of Justice is now charging many individuals with alleged wire fraud crimes relating to the PPP program.
From charges to convictions
For example, recently, 17 individuals were charged with wire fraud in connection to alleged PPP fraud in 2020. All 17 individuals related to the same workplace and face possible loss of their employment in relation to their charges, even before they are convicted.
On the other side of the criminal case spectrum, a local man was recently sentenced to serve time in prison and home detention for reportedly committing wire fraud. In addition to the prison sentence, the man was also ordered to return funds received from the federal government.
Final thoughts
Because the government is still investigating reports of fraud, more charges for individuals are expected. If the government has time to prepare fraud cases, and you are worried you might be charged, just remember you retain rights and there are steps between charges and convictions that can help protect your rights.]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474372023-12-06T06:38:16Z2023-12-06T06:38:16ZMistakes to avoid when being investigated for a white collar offense
Even though the burden is on the prosecution to prove its case beyond a reasonable doubt, many individuals who are accused of white-collar crimes end up making mistakes that put themselves in the prosecutor’s crosshairs. Here are some of those slipups that you’ll want to avoid:
Destroying, altering, or concealing evidence: Some individuals who are under investigation for a white-collar crime think that they can put the matter behind them by getting rid of incriminating evidence. Doing this is against the law, though, and the prosecution and the court are bound to find out, which will just make you look even more guilty. So, if there’s problematic evidence in your case, don’t destroy it or hide it. Instead, discuss it with your attorney so that you know how best to tackle it.
Consenting to a search: The police probably aren’t going to happen upon incriminating evidence. Instead, they’re going to meticulously work to secure it. And most of this evidence is probably going to come from your business or your home. But you don’t have to willingly give the police what they’re looking for. After all, they need probable cause before they can secure a warrant. If you consent to a search, though, then you might give them evidence that they otherwise wouldn’t be able to secure.
Talking openly about your case: When you’re under investigation, you might feel the urge to discuss your case with others who are implicated in the case or with those close to you to vent your frustrations and your fears. But talking about the investigation with others is dangerous. There’s a good chance that the prosecution is going to subpoena these individuals to testify in any case brought against you, which will put those individuals in a position where they’re forced to testify against you lest they get in trouble, too.
Not being open with your attorney: If you end up securing an attorney to assist you with your case, they need to know everything. Remember that anything that you say to them is protected by attorney-client privilege, so you won’t face the same risks as you do when discussing your case with others. Also, one of the worst things that can happen to you in a criminal case is having your attorney taken by surprise. So, be open and forthcoming with your criminal defense attorney so that you can craft a strategy to best protect yourself.
Don’t let the prosecution steamroll you in your white-collar crime case
The prosecution is going to come across as competent and confident in your white-collar crime case. Try not to let that rattle you. By educating yourself on the law and the various defense strategies available to you, you might be able to be just as competent and confident in the presentation of your defense. Hopefully then you’ll be able to beat the prosecution and get on with your life.
]]>On Behalf of Michael A. Gottlieb, P.A.https://www.browardcriminallawyer.com/?p=474382023-12-11T12:27:13Z2023-12-01T12:26:24ZArson
First, the arson must have been intentional. This means that you set fire to a structure, dwelling or property on purpose. Property can include buildings, homes, vehicles or other places used for shelter.
You must also either own, possess, or control the burned property and you must have intended for the fire to cause damage, harm or injury. If you are accused of destroying the property by arson to collect insurance money, for example, they may also need to prove that you had an intent to defraud.
Defenses
There are several defenses that may be available to you, however these will vary depending on the circumstances of your case. If you can prove that you did not have an intent to commit a crime, that may be a defense. This may apply where the fire was caused by an accident, for example.
If there is insufficient evidence to find you guilty of the crime, that may also help your case. For example, if witnesses are not reliable or there were errors in how evidence was handled.
If you can prove that you were not present at the time the arson occurred or that you are not the person who committed the arson, you may use this as a defense, especially if you know the identity of the person who is set the fire and can present that to the court.
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