Mail Fraud

Mail fraud occurs when the US Postal Service is used in any way to commit a crime (i.e., to unlawfully obtain money or items of value).

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Public Corruption

Public corruption involves a breach of public trust and/or abuse of position by federal, state, or local officials and their private sector accomplices.

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Kickbacks

A kickback is effectively a quid-pro-quo bribe designed to help or influence an individual, company, or government entity.

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Florida Crime Victims’ Rights

The following is a transcript of an interview with Florida personal injury attorney, Jason Turchin, conducted on February 9, 2007. In this interview, Mr. Turchin discusses the laws that govern crime victims rights, Florida’s Crime Victims’ Compensation Fu

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Criminal Appeal Process

When you are found guilty by a judge or jury after a trial, you can appeal the conviction. When you learn of your loss at trial, state or have your attorney state on the record that you will file an appeal, and you want a new trial. Later, you must file paperwork. The most important documents to file are a notice of appeal in the court in which you just lost and the actual appeal with the next higher court. If you did not go to trial, but entered a plea of guilty or no contest (nolo contendere), you cannot appeal the judgment entered against you. In this situation, you must make a motion to withdraw your plea. You go through a different process to withdraw a plea than you do to file an appeal.

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Will the state pay my private attorney if I run out of money right before trial?

If you have hired an attorney of your own, it is your responsibility to pay that attorney. Should you run out of funds to do so before the trial takes place, you will be forced to switch to the services of a public defender unless you can find another way to pay the attorney or unless it is so close to the time of trial that the court refuses to excuse the private lawyer.

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What are the differences between petty offenses, misdemeanors, infractions, and felonies?

Criminal law is a very broad area of law which can cover everything from a traffic ticket to a murder charge. General principles of criminal law such as’the right to remain silent,’ are guided by rights and general procedures outlined in the Constitution. Most states will have a classification system which divides criminal offenses into different levels including petty offenses, infractions, misdemeanors, and felonies.

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Plea Bargains

A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty in exchange for a lesser charge or lighter sentence. While a defendant can request a plea bargain, the decision to offer one is solely in the hands of the prosecution. Once a plea bargain is met, is it generally put on the record, either orally or in writing, and cannot be rescinded by either party. While state law varies, a plea bargain usually results in the prosecutor either agreeing to recommend a lighter sentence to the court; requesting that the court drop one or several charges against the defendant; or agreeing not to oppose the defendant’s requested sentence.

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Federal v. State Criminal Procedure

The first difference between the State and Federal Courts’ criminal procedure is that of uniformity: state court systems, laws procedure differ from state to state. Federal criminal procedure govern by uniform set of rules.

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