b1-1

Whether To Cooperate Or Not With The Federal Bureau Of Investigation

by Criminal Defense Attorney

The Federal Bureau of Investigation may begin an investigation of persons in your neighborhood or even you. The FBI is usually simple and will ask whether you agree to an interview. You might not know what the discussion is about, but speaking with the agents shouldn’t be an issue if you don’t think you’ve done anything wrong. Before you do anything else, contact your attorney. It would help if you did not speak with the FBI or any other law enforcement officer unless you know your rights and what questions you must or must not answer.

If the FBI contacts you, you must retain the services of a competent criminal defense attorney to advise you on your cooperation. Speaking with law enforcement should not be taken lightly and only be done after consulting with an attorney. David E. Stanley, APLC, has extensive expertise representing clients in federal investigations and will help you make the right choice for your specific circumstance. To schedule a complimentary consultation, please get in touch with us today!

Call David E. Stanley, APLC
At 225-926-0200 Now!

Communicating With The Federal Bureau Of Investigation

How Can You Know Whether The FBI Is Looking Into Your Case?

It is in the FBI’s best interests to keep you in the dark when you are the subject of a federal investigation. For example, suppose you know that federal investigators are investigating your professional practice or business operations. In that case, you will be significantly more likely to seek legal advice and exercise your right to remain silent to avoid self-incrimination. On the other hand, FBI agents know that if they can persuade you that you are not pursued, they will have a better chance of getting you to say something they can use against you.
The fact that FBI agents have contacted you does not necessarily mean that you are being investigated; nevertheless, it does mean that you should proceed with caution in your circumstance. The FBI agents in charge of the investigation have the upper hand and will take advantage of any leverage they have to the utmost extent possible.

Why Would The FBI Be Investigating In A Case In The First Place?

The FBI looks into specific federal cases, such as terrorism, rioting, and sabotage. Counterfeiting, human trafficking, mail fraud, and other severe federal offenses are also investigated. Many of the violations they look into are considered crimes against the state. Because these are typically federal offenses, they frequently result in felony charges and substantial danger of lengthy prison sentences. If convicted, you could face hefty fines. It is why you should avoid speaking with the FBI on your own.

Why Wouldn’t You Talk To The FBI Without Your Lawyer Present?

You are in a risky position if you willingly talk to the FBI without the presence of an attorney. You may say or do something that makes you appear implicated in a crime. You may jeopardize your case if you are also involved in an alleged crime.
You may believe that appearing to collaborate with the FBI is vital, but you must be careful how you approach this scenario. Calling a criminal defense attorney before speaking with the FBI doesn’t mean you’re guilty or trying to hide something. It simply demonstrates that you are intelligent and aware of your rights. You’re showing the FBI that you won’t interrogate anything you don’t need to be examined for and that you’ll only answer legitimate inquiries required by law.

Frequently Asked Questions

Is It Possible To Engage A Lawyer To Communicate Directly With The FBI On My Behalf ?

Yes. When you hire a lawyer, they will speak directly with the FBI on your behalf. In addition, your lawyer will inform the agents working on your case that you have retained legal counsel and will instruct them to contact them instead of you.

If I’m Guilty, How Can A Lawyer Assist Me During An FBI Investigation?

While the FBI can utilize a variety of federal legislation to accuse people and corporations of criminal activity, you should never presume you have committed a federal crime. Aside from interacting with federal officials, one of the biggest mistakes you can make during a federal investigation is assuming you’re guilty. Even if you have done the steps necessary to conduct a federal offense, the best federal defense lawyer may be able to employ a variety of defenses to protect you.

How Long Does It Take The FBI To Complete An Investigation?

It is debatable. An inquiry could result in an arrest and arraignment in a matter of days, or it could take weeks or months for federal prosecutors to determine whether to pursue (or drop) charges, depending on the extent of the investigation and the evidence available.

A Trusted Criminal Defense Attorney

The FBI is a critical part of our nation’s security, and they need to be able to communicate with the public to solicit information from them. If the FBI has contacted you, you must take the time to consult an experienced criminal defense lawyer who can protect your rights. David E. Stanley, APLC, has years of experience representing clients in federal court, and he understands what the FBI is looking for when they contact someone. Contact us today to schedule a free consultation!

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b5-1

All There Is To Know About Miranda Rights

by Criminal Defense Attorney

The Miranda Warnings are well-known in the United States, if not by name, then at least by the first few sentences. “You have the right to keep silent,” they say in every aspect of popular culture. But, in a court of law, anything you say can and will be used against you.”

We know that “being read our rights” is an essential component of the criminal justice process from movies and television. However, many Americans are either unaware of or confused about their Miranda rights and when they must be read aloud by a law enforcement official.

It is essential to understand your Miranda rights if arrested. David E. Stanley, APLC, can help you know what these rights mean for you and how they will impact your case. Contact us today to schedule a consultation with an experienced criminal defense lawyer.

Call David E. Stanley, APLC
At 225-399-0709 Now!

All There Is To Know About Miranda Rights

1. What Are Miranda Rights?

Miranda rights are a practical adaptation of the Fifth Amendment’s right against self-incrimination and the Sixth Amendment’s right to counsel. Miranda rights ensure that those unfamiliar with the legal system have a fair opportunity and are not unlawfully forced by the police.

2. What Exactly Do Miranda Rights Cover?

Despite what we’ve all heard on cop programs and in movies, the police are not required to say your Miranda rights to you in a specific way. However, if the police say something that sums up the rights in sum and substance, they have fulfilled their Miranda commitment.

The right to keep silent is one of the earliest rights. Exercising this right does not imply guilt; rather, it indicates that you have decided to meet with a lawyer before speaking with the police. The right to an attorney is the second right. You must specifically request an attorney to acquire one. If you cannot afford an attorney, you will be assigned one.

3. When Do The Police Have To Read Your Miranda Rights To You?

The police may not read you this warning at the time of your arrest. However, when the police question you, the police must read you your Miranda warning. It includes any time you cannot depart, such as during or interrogation after the arrest. If they miss out on reading your rights, whatever responses you give during questioning or interrogation will almost always be inadmissible in court.

4. What Are The Procedure For Invoking Or Waiving Miranda Rights?

To invoke your Miranda rights (including the right to remain silent), you must tell police that you prefer to remain silent, that you want the interrogation to cease, or that you want an attorney. It is not enough to stay silent in the face of interrogation to invoke Miranda or end the interrogation. In contrast, courts consider a person to have intentionally waived their Miranda rights if they answer questions after being issued Miranda warnings.

Miranda rights aren’t something you can do once and then forget. You can use Miranda rights at any point during the questioning, including after answering some questions. The interrogation must come to a stop once Miranda is invoked. Joe’s interrogation must halt until he consults with an attorney.

5. What Happens If The Police Do Not Give A Miranda Warning?

A voluntary statement made after an arrest but before interrogation and Miranda warnings are admissible in court. However, you cannot use the subject’s comments at trial if the authorities fail to inform a person of their Miranda rights before questioning begins. In addition, if you don’t offer a Miranda warning, it doesn’t imply you won’t face charges. Instead, the prosecution will not be able to use evidence gathered in breach of the Miranda rule to prove the defendant’s guilt at trial.

Frequently Asked Questions

When Do My Miranda Rights Become Obligatory?

Miranda warnings are essential once an individual is in custody and interrogated by law enforcement.

1. Custody

When freedom of action of any person is restricted in any manner, they are said to be under captivity. It can happen in jail, a crime scene, a public venue, and other places. Before questioning someone who is in custody, police must issue them Miranda warnings. Being pulled over by police for a brief questioning during a traffic stop is not considered in control. Therefore officers are not compelled to issue Miranda warnings.

2. Interrogations

Any police questioning that the officers know or should know will result in an incriminating response is referred to as an interrogation. Any interrogation by the police of a person in custody must include Miranda warnings, or any statements made would be inadmissible unless the individual voluntarily waived their rights.

3. Waiver

During interrogations in custody, a person might waive his Miranda Rights and his right to have an attorney present. Without any police force or influence, you must sign the waiver willingly and voluntarily.

Is It Possible To Be Arrested Without Being Informed Of My Miranda Rights?

Yes. Miranda rights only protect against self-incrimination during interrogation in custody. Probable cause is all the police need to make an arrest. When interrogating a suspect in charge, the police are merely required to read the Miranda rights. The police are aware of when Miranda rights must be read and will frequently question someone without placing them under arrest.

When I Invoke My Miranda Rights, What Happens?

When you invoke your right to stay silent or request an attorney, police interrogation must end immediately. If a person asks an attorney, the police may refuse to question them again. Nonetheless, the authorities employ various techniques to persuade suspects to change their minds about remaining silent.

The Best Criminal Defense Attorney

If you are arrested and are in custody, it is essential to understand your Miranda rights. These rights protect you from self-incrimination and ensure you can use any statement you make in court. However, if arrested, the best thing to do is remain silent until you have spoken with an attorney. David E Stanley, APLC, has over 25 years of experience defending people’s constitutional rights and will work tirelessly to get the best possible outcome for your case. Contact us today for a free consultation!

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b9_1

How Criminal Charges Can Result From Bar Fights

by Bar Fight

On occasion, a night out does not go as planned. For example, you minded your business when another person approached you and began provoking a fight. Before you know it, a bar fight has broken loose.

The other person in that bar fight ended up with significant injuries. Now you’re being accused of violent behavior, which could result in charges. You may face severe consequences if you cause substantial bodily harm to another individual.

If you did not start the conflict and were merely protecting yourself, you may be able to defend yourself against the accusations successfully. It is legitimate to be afraid for your life and protect yourself. It is critical to seek legal counsel as soon as possible. Attorney David E. Stanley has years of experience defending clients who have been involved in brawls and can assist you in obtaining the best possible outcome for your case. Contact us today for a no-obligation consultation!

Were You Involved in a Bar Fight?
Call Criminal Defense Attorney David E. Stanley Now
at 225-926-0200!

4 Charges You Might Face After a Bar Fight

While bar fights are easy to avoid, they can rapidly become more hassle than they’re worth due to their aggressive character. If you get into a bar brawl, you could face the following four criminal offenses.

1. Disorderly Intoxication

A person is charged with disorderly intoxication when accused of jeopardizing public safety or producing a public disturbance while under the influence of alcoholic beverages. “Disorderly intoxication” also includes public drunkenness and disturbing the peace charges. If you continue to act this way, the bar’s management or law enforcement officials have the right to order you to leave before the situation worsens. In addition, one can file a second-degree misdemeanor charge if someone is injured in an incident.

2. Disorderly Conduct

Disorderly conduct is referred to as a “breach of the peace. The goal of this law is to promote a sense of public decency. Disorderly conduct is a second-degree misdemeanor and can result in hefty fines or jail time.

3. Aggravated Battery

When a person is charged with aggravated battery, it signifies that they intended to cause substantial bodily harm to another person while fighting in a bar. The employment of a dangerous weapon, whether a pocket knife or a bottle taken up off the table, amplifies this energy. This can result in a second-degree criminal charge.

4. Manslaughter

Losing a life in a bar brawl is heartbreaking and entirely preventable, yet it has occurred before. This crime can be classified as either voluntary or involuntary. Voluntary manslaughter refers to the act of killing someone because of provocation. Involuntary manslaughter occurs in the heat of the moment. It is motivated by passion or emotion, leading to an immediate intent to do any act that gets another person killed. Involuntary manslaughter occurs when someone is killed inadvertently during a struggle, such as a bar fight. An example would be if a person trips or is pushed during a brawl and slams his head on the bar, resulting in an injury leading to death. Both types of manslaughter will very certainly result in a prison term.

Defending Against Assault and Battery Charges

If charged with assault or battery in connection with the bar brawl, keep in mind that you can defend yourself by demonstrating that:

● There was no way for you to flee or withdraw.
● You had the impression that you were in grave danger.
● Before they threatened you, you did not provoke or injure the other party.
● Someone subjected you to an unlawful threat of force or damage.

You should be able to run if approached by someone in a bar who threatens you and rushes in your way. If you cannot flee, you have every right to fight back. You’d be able to claim self-defense because you did everything possible to prevent a physical altercation but couldn’t avoid it.

Self-defense is a viable option for defense; however, it is not always practical. If you defend yourself with a force that is excessive for the circumstances, you could be charged with assault or battery.

Before forming a defense, you must understand the allegations you’re facing as much as possible. Although not everyone can utilize self-defense as a robust legal defense, other measures may be available to protect yourself and avoid being convicted of a significant crime.

If you or someone you know gets into a bar fight and is charged with one or more of these offenses, you must contact the advice of an experienced criminal defense attorney like David E. Stanley. Call him immediately to learn how he can help you.

Frequently Asked Questions:

What Happens if You Get into a Fight at a Bar?

You could face a lengthy jail sentence if you get into a fight at a bar and are convicted of serious assault. In addition, during a bar brawl, using a dangerous weapon or handgun can result in charges of aggravated battery. This Class 3 felony results in five years in prison and a maximum fine of $25,000.

Why Do Men Get into Bar Fights?

Young men get into bar fights partly because they believe it is expected of them by their peers. However, it turns out that most young men overestimate how widespread fighting is among their friends. And the more the man overestimated peer approbation for battle, the more likely he was to get into a fight. Samantha Wells, Paul F.’s daughter, claims as much.

Does a Fight Go on Your Record?

A fight can go on record if you’re convicted of any form of assault, including disorderly conduct. You’ll face financial and other consequences, including incarceration and a criminal record.

Experienced Legal Defense Representation

David E. Stanley, APLC, is a distinguished criminal lawyer. He is meticulous in his legal profession and pays special attention to detail. In addition, he is deeply concerned about his clients’ legal issues. As a result, every customer is treated with dignity, respect, and care.

Need Advice on a Criminal Case?
Call David E. Stanley, Criminal Defense Attorney
at 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b12_1

Everything You Need To Know About RICO Crimes

by Blog

Criminal Defense Lawyer

The RICO Act, Sections 1961–68 of Title 18 of the United States Code, describes the areas where the anti-racketeering statute is implemented. The RICO Act changed in the 1970s, 1980s, and 1990s to reflect changes in the legal and commercial landscapes, and our white-collar law team has kept up with the developments.

Contact a Baton Rouge criminal defense lawyer immediately if you or someone you know is charged with breaching the RICO Act. Our professional trial lawyer maintains up-to-date data on state and federal racketeering statutes, allowing us to give our clients unrivaled RICO knowledge. It includes Congress’ inclusion of mail and wire fraud as offenses that might prosecute under the RICO Act.

David E. Stanley, APLC, represents individuals, not large corporations or institutions. Our legal firm has successfully defended clients accused of various white-collar offenses, including RICO crimes. To decide our plan for your defense, we must first evaluate every detail of the charges against you, including all evidence, witness reports, law enforcement records, and others. Our firm will be your zealous advocate in court, and we take a tough stance in defending our clients against RICO charges.

To Schedule An Appointment, Contact David E. Stanley, APLC!
Call 225-926-0200 Now!

Everything You Need To Know About RICO Crimes

What Are RICO Offenses?

RICO offenses fall under the purview of the Racketeer Influenced and Corrupt Organizations Act (RICO). This act was passed in 1970 and entered into effect the following year. The purpose was to bring organized crime to justice. As a result, these crimes are in scarce circumstances with a high level of planning and organization. Even minor offenses in the same line are unlikely to qualify. It is illegal for people or organizations to participate in “racketeering activities or the collection of illicit debt,” according to the US Justice Department.

What Is Racketeering?

Financial gain and extortion are common goals of racketeering. It has long been associated with the Mafia and other forms of organized crime in the United States. Some have characterized it as a solution to a problem that the organization caused, such as threatening local companies and requiring owners to pay for “protection” from the same threats. Racketeering has also been linked to the following issues:
Illegal lotteries

  • Prostitution
  • Bootlegging
  • Violent clashes and mob wars
  • Insider trading
  • Manipulation of stock prices

One of the goals of the RICO Act was to make it simpler for police to file charges against criminal organization leaders. It has been previously difficult because leaders would have someone else carry out the crime. The person who ordered it might be arrested, but not the person who called it. Technically, they didn’t break the law. However, under the new statute, authorities gained new authority to charge those who provide the commands, not just those who carry them out, allowing them to combat organized crime in a new way.

What Does a RICO Violation Entail?

In 1970, part of the Organized Crime Control Act, the Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted. The goal of this legislation was to outlaw “racketeering conduct.” Racketeering is defined extensively in 18 USC 1961 to cover a variety of crimes, including:

  • Embezzlement
  • Trafficking in narcotics
  • Laundering of funds
  • Bankruptcy and identity theft

Racketeering includes crimes such as murder, arson, extortion, and bribery that are illegal under state law, as well as violations of federal laws such as theft, obstruction of justice, enslavement, and murder-for-hire.
However, state and federal authorities can only charge someone under the RICO Act if they show a “pattern of racketeering activities.” It means that within ten years, there have been two or more racketeering convictions for similar goals, with similar players, or against similar victims.

Frequently Asked Questions:

What Are Different Types Of White-Collar Crimes?

Nonviolent crimes with a financial motive are white-collar crimes. Embezzlement, conspiracy, price manipulation, corporate fraud, and tax fraud are standard charges against firms, executives, and government authorities.

Are These Offenses Usually Classified As Misdemeanors Or Felony Offenses?

The penalty for a white-collar crime conviction varies depending on the case’s circumstances; most white-collar defendants face felony charges. It’s critical to realize that a criminal record can significantly influence your life, whether a misdemeanor or a felony.

Can Criminal Investigations Take Place Concurrently With Civil Lawsuits?

Yes. While defending against civil litigation, businesses and people may be the focus of an investigation. Building a solid defense in both cases necessitates a thorough understanding of legal procedures and case law. Lawyer David E. Stanley, APLC, has the dedication and discipline required to handle complex issues.

The Best Criminal Defense Lawyer

Suppose you are under investigation for a RICO crime or have been arrested and charged with racketeering. In that case, you must speak with an experienced criminal defense lawyer as soon as possible. David E. Stanley, APLC, has successfully represented clients in complex federal criminal cases across the country and can provide you with the aggressive legal representation you need during this difficult time. Contact us today to schedule a free consultation and learn more about how we can help you fight your charges.

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b7_1

Five Common Questions When Caught with Counterfeit Money

by Counterfeit Money

The act of counterfeiting is the creation of counterfeit currency or the alteration of genuine money. This type of white-collar crime stretches back to the Civil War when estimated that a third of all U.S. cash was counterfeit. Counterfeit currency was complicated to detect in the nineteenth century when more than 1,600 banks were allowed to produce a total of 7,000 different coins. Although counterfeiting declined with nationalized currency in 1863, technological advances such as high-resolution printers and copiers have made counterfeiting easier.

When a cashier examines a bill and discovers it is counterfeit money, he may contact authorities. At that point, the authorities may arrest you for using a counterfeit and charge you with forging. Forgeries and counterfeits are regarded very seriously in the United States because they threaten the currency and economy. As a result, anyone suspected of counterfeiting should prepare a compelling case as soon as feasible.

Therefore, if caught using fake money or if charged with monetary instrument misuse or any other charge related to using false money, contact David E. Stanley, APLC crime defense attorney. Mr. Stanley is committed to working on criminal cases to achieve the best possible outcome for his clients

Caught with Counterfeit Money?
Call Criminal Defense Attorney
David E. Stanley Immediately
at 225-926-0200!

Questions About Finding Counterfeit Money in Your Possession

  • What To Do If You Find Counterfeit Money?

Sometimes, you may accidentally come into contact with counterfeit money through no fault of your own. You should not return a bill to the person who handed it to you if it doesn’t appear proper. Instead, you should report the counterfeit to the local police or the United States Secret Service field office.

If a cop or a special agent from the U.S. Secret Service approaches you to collect the counterfeit money, follow their orders and hand it over only after they have been appropriately recognized.

  • What Happens If You Try to Spend a Fake Banknote Without Realizing It?

Counterfeit money does circulate through the U.S. economy daily. Smaller banknotes, such as ones and twenties, are rarely authenticated. Upon discovering a counterfeit bill, you must take action as soon as possible to protect yourself.

Remember that the cashier or anyone else engaged in the transaction cannot know if you’re attempting to pass a counterfeit bill off as real money. So they might call the cops and have you arrested for having the money on your person.

You could face severe charges at that time; therefore, it’s essential to ask to talk with your attorney and to remain silent about the situation. You should not be punished if you were unaware that a banknote was forged or counterfeited.

  • What are the Penalties for Possessing Counterfeit Money?

The possession of printed reproductions (including images) of the national currency, postage stamps, or U.S. securities, as well as the creation of counterfeit notes or coins or alteration of genuine currency, come with a punishable fine and/or 15 years in jail. In addition, forgery, trafficking, or manipulation of U.S. bonds or checks can result in ten years in prison or a hefty fine.

  • What Defense To Utilize In Counterfeiting Cases?

You can utilize several defenses if charged with using counterfeit money. However, to be convicted, the prosecutor must prove that you committed the offense beyond a reasonable doubt, just like any other criminal accusation. As a result, the most common defense in situations involving counterfeit currency is a lack of information or reason.

Your counsel will use this argument to persuade the jury or court that you were unaware you were using counterfeit money. As a result, you had no intention of defrauding the cash receiver.

In addition, the prosecutor can refute your claim of ignorance by arguing that your actions suggested you knew the money was counterfeit. The prosecutor may point out that you acted strange when using fake money. Your attorney can use witnesses’ testimony that you were nervous during the process to bolster your claim.

  • What Immediate Action Should be Taken when Caught with Fake Money?

If you have been charged with using counterfeit currency, you should contact an attorney as quickly as possible. You could face a lengthy jail sentence if convicted of distributing counterfeit money under state or federal law. An attorney will examine your case and consider all options for defending you. They will also assist you throughout the criminal justice process. It’s important because there’s a good chance you won’t be able to defend yourself in court. They will protect your rights and ensure you receive the best possible outcome in your case.

Frequently Asked Questions:

What Does Counterfeit Money Do?

Counterfeit money is created without the State’s or government’s legal approval, usually in an attempt to imitate that currency and deceive its recipient. Producing or utilizing counterfeit money is deception or forgery punishable by law.

What is the Most Counterfeit Money?

According to the Federal Reserve Bank of Boston, the U.S. dollar is the most widely counterfeited currency in the world.

What Does the Government Do to Prevent Counterfeiting?

To prevent counterfeiting, the government brings in the Secret Service. When false bills are discovered, the Secret Service takes over. The U.S. Bureau of Engraving and Printing says that counterfeiting Federal Reserve notes is a federal offense punishable by a $15,000 fine, 15 years in jail, or both.

Credible And Experienced Defense Lawyer​

You should immediately contact an attorney if you’ve been accused of using counterfeit money. Call David E. Stanley, APLC, a seasoned criminal defense attorney with more than 35 years of expertise. A conviction for passing fake money under federal or state law can result in a significant jail sentence. Mr. Stanley will assess your case and look into any defenses to the charge. He is dedicated to providing crucial counsel throughout the criminal process while safeguarding your freedom and ensuring the best possible resolution for your case.

Need Help on a Criminal Case?
Call David E. Stanley
Criminal Defense Attorney
at 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b6_1

10 Ways Federal Offenses Can Affect Your Life

by Federal Offenses

Getting convicted of a crime has a lot of adverse effects. First, the state could hold you in custody for some time. You will be required to settle the fines and court costs. Moreover, a criminal record will haunt you for the rest of your life.

When it comes to federal offenses, the consequences of a conviction can be exceptionally severe and challenging to overcome. Your criminal record will follow you around like a shadow. Only conviction and arrest records from within the state will be available to police in some states. Police in Ohio may be unaware of a prior offense in Alaska. On the other hand, a federal criminal record can follow you everywhere you go and may even limit your possibilities when you travel abroad in some situations.

If you have been convicted of a federal offense, you must seek legal advice as soon as possible. Attorney David E. Stanley has years of experience and the necessary knowledge to explain the ramifications of federal offenses to you. Contact him today for a no-obligation consultation!

Getting Back to Society After A Federal Offense?
Call David E. Stanley for Legal Advice
at 225-926-0200 Today!

10 Various Outcomes of a Criminal Record

It’s critical to do everything you can to lessen your risk of being prosecuted for a crime, not just to safeguard your freedom now but also to limit how a criminal record can come back to haunt you.

Yes, even a single criminal charge has the power to do so. So what are some implications of a federal criminal conviction after you’ve paid your obligation to society?

1. Job Opportunities

Even if you are acquitted, a criminal charge on your record can make it difficult to find a good job and limit your earning potential. In addition, in most situations, prospective employers have the legal right to do a background check on you and may refuse to hire you based on the results.

Employers may ask you directly if you’ve ever been charged with or convicted of a crime, including misdemeanors and felonies. It would be best to answer honestly, but you are not required to reveal arrests that resulted in no conviction or offenses later expunged from your record.

2. Custody of a Child

A criminal record may limit your child custody rights, especially if the accusation includes domestic abuse or other violent activities. Even a misdemeanor might result in losing custody of your children, mainly if the crime involves family members.

3. Children Adoption

If you were convicted of a misdemeanor with a family member, you wouldn’t be able to adopt a child. You will also be unable to adopt if you have committed an alcohol-related crime.

4. Driving Privileges and Other Benefits

Depending on the gravity of the offense, anyone with a criminal record may lose their ability to drive. A criminal history involving alcohol or other drugs can result in a 180-day suspension of your driver’s license and require you to complete a 15-hour drug education course before regaining your driving privileges.

5. Weapons

You may lose your right to carry a handgun if you are convicted of a crime. This is likely if you have a felony or a Class A misdemeanor on your record. You will not be allowed a license to carry a firearm in such circumstances.

6. Immigration

A criminal record may prevent you from obtaining a green card, changing your immigrant status, or becoming a naturalized U.S citizen if you are a foreign national. In addition, you could lose your job and be deported even if the offense is minor.

7. Consequences of the Offense

Suppose you are charged with a new offense and already have a criminal record. In that case, your previous criminal history may result in more severe penalties if you are convicted and sentenced for the current crime.

8. Admission to a College

A criminal record with a minor offense might make it challenging to get into college or graduate school. This is determined by the policies of each institution or university. In addition, having a sexual or drug-related crime on your record can make it difficult to receive financial aid for college.

9. Medical Licenses

Even if you have a misdemeanor conviction, you may be unable to obtain a healthcare license, such as a nurse’s license, if you have a criminal record.

10. Renting and Leasing

If you have a criminal on your record that occurred within a specified number of years, a landlord may refuse to rent his property to you. The elapsed period won’t matter if you’ve been convicted of a sex offense. The landlord can deny you.

Frequently Asked Questions:

Will I Ever Get a Job with a Criminal Record?

Yes, it is possible to get a job with a criminal record. Many employers hire people with criminal records. It depends on why you have a criminal record and what kind of job you seek if it makes a difference. However, getting a job unrelated to your previous conviction would be better.

Does a Criminal Record Affect Car Insurance?

Yes, having a criminal record can affect car insurance. A criminal record will raise the cost of your vehicle insurance, whether or not your conviction is related to driving. This is because insurers will think you are at a higher risk if you have a criminal record. This is because your insurance considers all convictions, including robbery and driving under the influence of alcohol or drugs.

How Is A Person’s Life Changed When Charged with a Crime?

A person charged with a crime may be psychologically affected. While the short-term consequences of crime might be devastating, most people do not experience long-term effects. However, people occasionally suffer long-term issues like depression or anxiety-related disorders. In addition, a small percentage of people experience a severe, long-lasting reaction to a crime, known as post-traumatic stress disorder (PTSD).

Criminal Defense Attorney Available

Having a reliable criminal defense attorney on your side is critical if you want to keep the charge off your record. Contact David E. Stanley, APLC, today if you live in Baton Rouge, LA. Mr. Stanley is an accomplished defense lawyer ready to assist you with your legal issues. For a free consultation, give us a call right now.

Looking for a Criminal Defense Attorney?
Call David E. Stanley
at 225-926-0200 Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b5_1

What You Should Know About Car Searches After Traffic Stops

by Traffic Stop

There are federal rules in place to safeguard citizens from police misbehavior. In addition, the Fourth Amendment to the United States Constitution also protects you from unreasonable searches and seizures and protection frequently invoked in criminal cases. If you are facing criminal accusations, regardless of whether they result from a car search, consult David E. Stanley, an experienced criminal defense attorney.

When is it illegal to conduct a traffic stop or a car search? Unfortunately, police officers are frequently willing to break the rules regarding handling people, particularly when they suspect a narcotics crime. A cop may be eager to stop you for questionable reasons or inspect your vehicle without having the legal authority to do so. When would you be able to object to a traffic stop or a police search of your car?

For law enforcement, there are numerous motivations, not the least of which is civil asset forfeiture, which might provide their department with additional incentives. That is why it is necessary to employ the services of an experienced attorney who is knowledgeable on traffic stop legal advice if your car was detained at a stop and then searched. The best lawyer for that is David E. Stanley, APLC. Contact him today for a free consultation.

Need Traffic Stop Legal Advice?
Call David E. Stanley
at 225-926-0200 Now!

4 Legalities of Car Searches After Traffic Stops

1. The Police Must Justify a Traffic Stop

You have the right to question why an officer pulled you over as soon as they did. If they don’t have a compelling basis for stopping you, it’s a red flag that they’ve likely infringed on your rights.

A traffic stop usually results in a citation, and the irritated motorist drives away. However, an officer may extend a traffic stop and search the driver’s vehicle.

An officer who has stopped a car may have legal grounds to search it in specific cases. However, sometimes that just isn’t available. For example, suppose an officer doesn’t see any apparent traffic violations or has any other objective reason for pulling a car over in the first place. In that case, any evidence uncovered during a car search will undoubtedly be inadmissible in court.

Officers may profile you if they see you leaving a particular company or if you have a particular bumper sticker on your vehicle. In addition, a police officer may profile you and pull you over without probable cause based on the year and condition of your vehicle or your looks.

A traffic stop without probable grounds to suspect a major traffic offense is illegal, and the courts may exclude any evidence discovered during that traffic stop.

2. Car Searches Conducted Following a Simple Detention

Even if a traffic stop is legal, an officer who issues you a citation cannot search you or your vehicle unless there is a reasonable suspicion that you are armed and dangerous or involved in criminal conduct (other than the minor traffic violation).

The notion that the police can’t inspect a car just because they’ve stopped it. In the case of rental cars, the practical rule is that police may not inspect a rental car following a traffic stop solely because the driver is not listed on the rental agreement. By not being on the rental agreement, someone who has the authorization to use an automobile from the person who rented the car does not lose all of their Fourth Amendment rights.

3. A Car is Searched Following an Arrest

Despite the above rule, officers can inspect cars they’ve stopped in various situations. For example, many states have laws that allow police officers to arrest drivers for minor traffic violations like speeding or not wearing a seatbelt. The facts determine the legality of a later search in these and other arrest scenarios.

Police may check the passenger compartment of a car after detaining an occupant if it appears that the arrestee might get access to the vehicle during the search or if the vehicle contains:

  • Weapons
  • Objects illegally possessed, such as contraband or burglary tools
  • Evidence linked to a traffic stop
  • Ways of eluding detection

The following search must be limited to locations where the searching officer expects to discover the objects they are looking for.

4. Must Have Probable Reason to Search Your Vehicle

You may be arrested if a police officer discovers even tiny amounts of illegal narcotics in your vehicle. For example, a marijuana seed left by a former owner or a small amount of cocaine left by a passenger could be enough for the cops to arrest and charge you with a crime.

To search your vehicle, they usually need probable cause or a warrant. You should inspect your vehicle when you pull down the window and see drug paraphernalia or smell something. What an officer finds when they search your car without probable cause or your permission may not hold up in court. Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Frequently Asked Questions:

What is a Traffic Stop?

A traffic stop is a seizure and detention of a vehicle’s occupants violating the Fourth Amendment. A standard traffic stop is justified if a police officer rightfully suspects that the occupant is driving without a license or that the car is unregistered.

What is the Automobile Exception to the 4th Amendment?

The automobile exception to the 4th Amendment is a legal rule in the United States that reduces standard probable cause requirements and, in some circumstances, permits a police officer to search a motor vehicle without a search warrant.

When Can Police Seize a Vehicle?

Police can sequester a vehicle if they believe it is being utilized in a way that causes alarm, harassment, or distress, such as careless or inconsiderate driving. They can also take a car if they suspect someone is operating it without a valid license or insurance.

Experienced Criminal Defense Lawyer

David Stanley is a proactive defense lawyer with over 35 years of experience in criminal defense. He is the founder and principal of David E. Stanley, APLC. Mr. Stanley is a successful trial lawyer who devotes his practice to defending people accused of significant or complex federal or state felony crimes. In addition, he is determined to protect those who want to appeal their conviction or sentence to a federal or state appellate court.

Call David E. Stanley, APLC Now
at 225-926-0200
For a Consultation!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b4_1

Two Common Healthcare Fraud Accusations You Can Learn From

by Healthcare Fraud

Healthcare fraud cases may include doctors billing insurance companies or the government for services that were never performed or were unneeded, which may have been hazardous to patients’ health. Pharmaceutical companies that misrepresent clinical studies to get dangerous pharmaceuticals licensed for general use are examples of corporations implicated in healthcare fraud.

The United States is the world’s largest financial victim of healthcare fraud. Therefore, more money available for healthcare in the United States undoubtedly means more potential for fraud and more money lost due to these unlawful activities.

Healthcare fraud encompasses a wide range of criminal activities. It also includes significant financial, physical, and social repercussions in modern industrial countries. For cases involving this type of fraud, contact David E. Stanley, APLC, an experienced lawyer handling cases concerning healthcare fraud.

Contact David E. Stanley for a Legal Consultation
Call 225-926-0200 Now!

2 Healthcare Cases Louisiana Medical Professionals Were Accused Of

Case 1: Louisiana Physician Charged with Healthcare Fraud

You may reach Metairie by driving about an hour southeast of Baton Rouge. A 37-year-old chiropractor was accused of cheating a healthcare benefit program by submitting claims for chiropractic services that were never given. According to the Department of Justice, Benjamin Tekippe has been charged with health care fraud and aggravated identity theft.

Accused of False Statements

According to US prosecutors, in July of last year, Tekippe allegedly provided a “materially false, fake, and fraudulent statement” to FBI agents and other investigators. They further say that the chiropractor utilized his clients’ insurance identification numbers to bill for services he didn’t give without their approval.

Possible Punishments

Tekippe stands up to ten years in federal prison and three years of supervised release if convicted of healthcare fraud. If convicted of aggravated ID theft, he faces a potential term of 2 years (which would run concurrently with any other sentence). If convicted of lying to investigators, he faces a maximum penalty of 5 years, with up to 3 years of supervised release. For each infraction, he may face a punishment of up to $250,000.

Case 2: Louisiana Doctor Charged with Opioid Prescriptions

Drive a few miles north of Metairie, across the Lake Pontchartrain Causeway (the world’s longest continuous bridge over water), to Slidell, where another health care practitioner is facing severe criminal charges.

According to prosecutors, Dr. Adrian Dexter Talbot was charged with delivering more than one million doses of illegal narcotics, including oxycodone and morphine. These opioids are generally safe pain medications when used for a short period and as directed by a doctor. Still, they can be overused since they generate euphoria and pain relief. Even when prescribed by a doctor, regular use can develop into dependence, and opioid pain medications, when misused, can lead to addiction, overdose events, and deaths.

Dr. Talbot was also accused of stealing more than $5 million from Medicare, Medicaid, and Blue Cross Blue Shield of Louisiana.

Cash for prescriptions?

According to prosecutors, Talbot allegedly ran and operated a medical clinic in Slidell that collected payment in exchange for opioid prescriptions. They also claim that the scam continued when Talbot obtained a full-time job in Pineville, Louisiana, in 2015, more than 250 miles northwest of Slidell. Talbot allegedly left pre-signed prescriptions for clinic customers even though he was no longer physically in Slidell and didn’t see or examine them.

He allegedly hired another physician for the Slidell clinic in 2016, who also pre-signed prescriptions. According to prosecutors, customers then used their insurance coverage to fill the prescriptions, cheating the insurers.

What the Future Could Hold
Talbot faces a maximum term of ten years in federal prison if convicted of healthcare fraud conspiracy. On the remaining accusations, he faces a maximum sentence of 20 years in prison for each conviction: conspiracy to distribute and dispense controlled substances, keeping drug-involved premises unlawfully, and four counts of unlawfully distributing and dispensing controlled substances.

“An indictment is only an accusation, and all defendants are presumed innocent unless proven in a court of law as guilty beyond a reasonable doubt,” the Department of Justice wrote at the bottom of the arrest notices.

Yes, it is correct. The doctor and chiropractor were charged but not found guilty. They have the right to choose their attorneys to represent them in court and to negotiate terms of sentence reductions in plea bargains.

Frequently Asked Questions:

What are Health Care Crimes?

Healthcare crimes encompass a wide range of criminal activities, including doctors billing insurance companies or the government for services never performed or unneeded and, in many cases, hazardous to patients’ health.

What is the Most Common Negligence Tort in Healthcare?

One of the most common forms of negligence tort in healthcare is incorrect medicine prescriptions or drug delivery. This can happen if a patient is given the wrong medication for their ailment, obtains medication from another patient, or is given an improper medication dosage.

What Are The Three Types of Malpractice?

The three types of malpractice are failure to make the proper diagnosis, birth injuries, and drug errors.

Defense Attorney Available

Look for a private defense attorney specializing in criminal defense and practices in the jurisdiction where the accusations are pending. Choose criminal defense attorney David E. Stanley, ALPC. He is a distinguished trial lawyer in Baton Rouge who is familiar with local judges and prosecutors, dedicated to protecting your freedom.

Accused of a Medical Criminal Offense?
Call David E. Stanley, APLC Now
at 225-926-0200!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b3_1

What You Should Know About Computer Hacking Laws

by Hacking

There are many different sorts of computer crimes, but hacking is one of the most well-known. Hackers have impacted everything from the economy to the political by penetrating every part of our life as data breaches have become more common.

Hacking, however, isn’t always considered a crime because of the various degrees of hacking, its growing ubiquity in our culture, and it’s critical to know where the borders are set.

Hacking into a computer system is a severe offense. It’s a very technical charge, meaning you’ll have to defend yourself by knowing the laws related to your situation. David E. Stanley, a criminal defense lawyer, can provide legal advice if you have been involved in a computer hacking activity.

Need Legal Advice About Computer Hacking?
Contact David E. Stanley for a Consultation
Call 225-926-0200 Now!

Computer Hacking Defined

Hacking is the process of breaking into a computer system. As mentioned earlier, hacking isn’t necessarily a crime because “ethical hacking” occurs when a hacker is permitted to exploit security networks legitimately. To put it another way, it’s when a hacker gets the necessary permission or authorization. On the other hand, hacking crosses the criminal line when a hacker gains access to someone’s computer system without their consent or authority.

If you face a computer hacking charge, you admit that you accessed another party’s computer system or network without their permission or legal authority. At least four federal statutes may apply to your situation. Let’s go through each briefly.

Four Computer Hacking Federal Statutes

1. The Stored Communications Act (SCA)

The SCA, enacted in 1986, gives network service providers’ clients legislative privacy protection. The SCA governs how the government can access stored account information from Internet Service Providers (ISPs). E-mail addresses, as well as subscriber and billing information, are usually included in this account information. The SCA, in particular, lays down the procedure that state and federal law enforcement officials must follow to compel the provider to release these materials.

2. The Defend Trade Secrets Act (DTSA)

The DTSA was enacted to protect trade secrets. When a trade secret is misappropriated, the DTSA establishes a private civil right of action for victims of trade secret espionage or theft. The stolen trade secret must be related to a product or service utilized in, or intended for use in, interstate commerce.

3. The Electronic Communications Privacy Act (ECPA)

The ECPA was passed to protect customers’ privacy rights when their ISP personal information is revealed. Violations can result in civil penalties and criminal proceedings in some situations.

4. The Computer Fraud and Abuse Act (CFAA)

The federal law that prohibits computer fraud and abuse is called CFAA. This federal statute addresses legal and criminal access to government and financial information technology networks. It was created to reduce computer system cracking and address federal computer-related offenses. The CFAA is federal legislation that criminalizes hacking or breaking a government computing system.

Each of these rules may apply in different situations, so it’s a good idea to check to see if any of them or other laws are applicable to your situation.

The primary statute to be concerned with is the CFAA. This one makes it illegal to hack into another person’s computer system. Unauthorized access is against the law, and the legislation attempts to protect servers, laptops, cellphones, tablets, and desktop computers from hacking.

What Kind of Punishments Could You Face if Accused of Hacking?

Depending on your criminal history, you might face a sentence of one to ten years in jail for trafficking in passwords under the CFAA. If you use computers to extort money or assets, you might face a five-year prison sentence. If you hack into a computer to steal information, you could face a sentence of one to five years in prison.

The first offense concerning national security could result in ten years in jail. Second convictions can result in jail sentences of up to 20 years.

Victims of CFAA violations have several alternatives. For example, they may demand the seizure of the offending party’s property or seek injunctive remedies. They may also request to impound stolen information and gadgets so they cannot be reassessed.

Frequently Asked Questions:

Is Computer Hacking a Crime?

A crime is committed whenever someone enters a computer without permission, even if the person does not take information or cause harm to the system. Hacking offenses are likely to be tried in state or federal court for one of the crimes outlined above. Hacking is also expressly targeted by several laws.

What is the Consequence of Hacking?

Hacking is a severe offense that can result in serious legal ramifications. Hacking is often categorized as a misdemeanor or felony white-collar crime, depending on the amount of damage or money stolen. Jail or prison time, as well as criminal fines and retaliation, are all possible criminal consequences.

What is the Penalty for Hacking a Phone?

Penalties for misdemeanors can range from a year in county jail to three years in prison for felonies, depending on the specifics of the case.

Credible Defense Lawyer

David E. Stanley APLC’s primary focus is on each client’s well-being and is determined to find a solution to their specific legal challenge. Attorney David E. Stanley will treat you with dignity, respect, and compassion in any scenario. Don’t hesitate to contact Mr. Stanley if you need advice on a computer hacking case you may be involved in.

Looking for a Criminal Defense Attorney?
Book a Consultation with David E. Stanley, APLC
Call 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b2_1

Five Different Felony Property Crimes You Should Know About

by Felony Property Crimes

Felony property crimes are the most severe property crimes one can commit. They can range from causing property damage to stealing something. Theft of cash, on the other hand, is the most common. Unfortunately, only around 18% of theft crimes are filed as charges. So first, we’ll go through some property crimes and what to expect when charged with one.

Anyone accused of felony property offenses will need to prepare a defense. You might face prison time and hefty fines and penalties if convicted of these offenses. If you think you are involved in any felony property crime, you can turn to David E. Stanley for the best advice to tackle them.

Do You Need Legal Advice?
Call David E. Stanley, APLC, at 225-926-0200 Today!

Five Different Felony Property Crimes

Arson

The intentional and malicious burning or charring of property is classified as arson. While most arson crimes involve the destruction of structures, a person could also set fire to forest land or a boat. Arson is frequently used to conceal evidence of other crimes, such as insurance fraud or domestic abuse. Arson crimes often involve malicious intent as a distinctive sign of criminal conduct. Arsonists must be registered with the Louisiana Arson Registry.

Financial Crimes and Fraud involving Property

Fraud and financial crimes are types of theft/larceny in which someone or something obtains money or property and uses it illegally to profit from it. These crimes differ from ordinary theft and robbery because of deception, fraud, or the misuse of a position of trust. Fraud and financial crimes can take various shapes in today’s challenging economy. Fraud can cover many concerns, from insurance fraud to deceptive sales to homeowners. For example, allegations of fraud might range from filing a bogus insurance claim to selling an item and never delivering it after receiving payment.

Property Theft and Burglary

Any unauthorized entry into another person’s home, watercraft, car, cemetery, or other location to commit a crime is considered simple burglary. A simple felony can result in fines of up to $2,000 and a jail sentence of up to 12 years.

Burglary is the illegal entry into any structure (not just a home or company) to commit any crime (not just theft or robbery) within. There is no need for a physical break-in; the criminal can trespass through an open door. In contrast to robbery, which involves using force or terror to gain another person’s property, a burglary typically occurs without the presence of a victim.

Burglary has been a crime for hundreds of years. Although it originated in common law, states have adopted the basic concept of burglary into their criminal laws, albeit with minor variations. Burglary laws were created to defend people’s homes and prevent violence, not to keep them safe from theft. Other laws make it illegal to take property; burglary laws, on the other hand, are intended to protect homeowners from dangerous encounters with burglars in their homes.

Robbery

Robbery is theft committed with the use of violence or the threat of violence. Unlike theft and burglary, robbery nearly invariably necessitates the presence of a victim threatened with bodily harm. The theft may be charged as “armed” or “aggravated” if a weapon is used or the victim is injured.

Vandalism

Vandalism laws intend to prevent behavior that has the potential to cost states millions of dollars in clean-up costs each year, as well as cause psychological or emotional harm to property owners. When someone defaces, modifies, or destroys another person’s property, they may be obliged to clean up, restore, or replace the damaged property or face criminal consequences such as jail time, fines, or both.

What To Do if Charged with a Felony Property Crime?

If you face felony offense charges, you must understand your legal rights and create a strong defense. Felony offenses are often punishable by hefty fines and penalties, as well as the possibility of being imprisoned for a year or more.

You have a Legal Right to be Represented

If facing a felony charge, your first concern should be to avoid saying or doing anything that will aid the prosecution’s case. Staying silent and not saying anything unless you completely grasp your legal rights is the most significant way to defend your interests. To protect yourself, remember that you have a right to an attorney and that you should discover more about the specific claims so that you may start preparing a defense against the charges you may face.

Frequently Asked Questions:

What is an Example of a Crime Against Property?

Burglary, motor vehicle theft, theft, arson, vandalism, and shoplifting are all examples of crimes against property.

What are the Major Offenses Against Property?

Theft, fraud, deception, and making off without paying are the most common property crimes, as are criminal damage, arson, forgeries, and forceful entrance. However, some property crimes, such as burglary, robbery, and blackmail, may also include components of crimes against people.

What is the Lowest Sentence for a Felony?

In general, felony offenses, whether state or federal, have a one-year minimum term. Federal felony offenses are classified into four categories, with escalating potential penalties based on the seriousness of the crime: Class “E” felonies are the least serious and can result in a prison sentence of up to three years.

Reliable Criminal Defense Attorney​

Since 1983, David Stanley has successfully practiced criminal law from his Baton Rouge office. He is a well-known trial lawyer who focuses his practice on defending individuals and businesses charged with severe or complex felonies and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is mainly dedicated and experienced in the field of federal criminal defense.

Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200