A lawyer talks to client about RICO Crimes

Everything You Need To Know About RICO Crimes

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.

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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?

A lawyer talks to client about RICO Crimes

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

A lawyer talks to client about RICO Crimes

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

A 100-dollar bill highlighted in UV light

Five Common Questions When Caught with 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

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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.

A woman opens her wallet and holds a 100 dollar bills

  • 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.

Magnifying glass to see 100-dollar bills

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.

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10 Ways Federal Offenses Can Affect Your Life

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!

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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.

A hand dividing the mother and child's wooden figures into the father's wooden figure

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.

A group of new graduates gathers their diploma

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.

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Police search the vehicle after traffic stops and checks the driver

What You Should Know About Car Searches After Traffic Stops

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.

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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.

Police search the vehicle after traffic stops

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.

A man arrested by police

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
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For a Consultation!

David E. Stanley, APLC
1055 Laurel Street Suite 2
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225-926-0200

Drugs Paraphernalia

Two Common Healthcare Fraud Accusations You Can Learn From

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.

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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.

Drugs

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.

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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.

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David E. Stanley, APLC
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Computer Hacking Laws

What You Should Know About Computer Hacking Laws

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.

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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.

Judge's gavel on the laptop

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.

handcuffs on the laptop

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.

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

Property Crimes

Five Different Felony Property Crimes You Should Know About

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.

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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.
Lawyer talks about Property Crimes

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.

Property Crimes

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

A judge's gavel

Five Defense Techniques To Assist You in Obtaining a Lighter Sentence

Criminal Defense Attorney

The primary purpose of criminal defense for many people is to avoid a conviction. Your defense, on the other hand, does not always finish when the jury renders its decision. You will have to appear in court again after a guilty verdict. David E. Stanley APLC, a criminal defense attorney, is ready to give the best advice to any criminal case.

If there is a victim of the offense, the pre-sentencing investigation will contain a victim impact statement. This investigation aims to fill in the gaps in the court’s understanding of the events leading up to the crime. For that, you need an experienced criminal defense attorney. As a result, the courts may give a more appropriate penalty if they understand the offense better.

During the hearing for your sentence, your attorney will use the facts gathered during the pre-sentencing process. You will also have the opportunity to argue in your defense. Getting legal representation immediately is necessary. David E. Stanley is an experienced attorney who can guide you through the legal process and help you achieve the most favorable outcome possible for your case. Get in touch with us as soon as possible to receive a free consultation!

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Defense Techniques that May Help Reduce Sentence

Here are several ways to get a criminal sentence reduced that you might explore with your lawyer.

Investigate Your Past to Elicit Sympathy

Personal trauma and mental health difficulties frequently influence criminal conduct. For example, maybe a bar brawl got out of hand because the person shouting at you reminded you of your controlling father. Perhaps you’re dealing with a mental health issue or an addiction.

Your lawyer can assist you in evaluating the circumstances that led to your illegal activities and determining whether or not expressing your history or side of the story during sentencing might be beneficial.

Show Genuine Regret and a Proactive Desire to Improve

People convicted of crimes will try to avoid hearing the victim impact statement or minimize the repercussions of their conduct in any way possible. However, recognizing how your actions harmed others and considering how you might accept responsibility for your future actions may appear compassionate to the courts.

Attending counseling, commencing treatment, or donating money and time to a charity supporting victims of criminal offenses could be beneficial. These actions demonstrate that you are responsible for your actions and want to lessen the damage they caused. In addition, other sentencing options may be available to help reduce the effects of a recent conviction. Finally, examining your position and potential punishments in detail might assist you in better planning for the last stages of your criminal defense.

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Plea Bargains

Prosecutors frequently try to agree with an alleged offender to avoid costly and time-consuming trials. If you plead guilty (the “plea”), they will attempt to persuade the judge to reduce your sentence (the “bargain”).
A plea deal may be a suitable alternative if the case against you is vital or you just wish to plead guilty. Because of your apparent cooperation, the judge may be lenient and award you a reduced sentence.

Remember, a plea bargain isn’t always a sure thing. Regardless of your cooperation, the judge has the option of imposing a harsher sentence on you. In addition, a guilty plea is irrevocable. Therefore, a guilty plea could linger on your criminal record for life, depending on the offense. Furthermore, by pleading guilty, you are acknowledging that you were the one who committed the offense. For some, that carries a lot of emotional weight, and you might want to go to court to prove your innocence. You’re also unable to raise any concerns about police misbehavior. Instead, you’re admitting that you broke the law, regardless of how they acted.

Discuss your case thoroughly with your counsel before accepting a plea bargain. Take their counsel seriously if they believe a plea bargain is the best action. Remember, though, that you always have the right to defend yourself, and if you want to fight your case in court, your attorney should support you.

Proving Circumstances to Avoid

Even though a defendant appears entirely guilty, the court may exercise mercy on them. People’s natural tendencies might make poor decisions, especially when confronted with unexpected circumstances. Mitigating circumstances are conditions outside of the criminal justice system that impacts criminal behavior.

Suppose the prosecution has a strong case, and a guilty finding appears to be a foregone conclusion. In that case, your attorney may be able to show that circumstances outside of the offense warrant a lesser punishment.

Mitigating Circumstances Surrounding the Offense

Your attorney can use various strategies to argue that the crime does not warrant a harsh penalty.

1. There was No Actual Harm Done

Consider a mugger who approaches someone in a dark alley. They take out a knife and demand the victim’s wallet. They realize the wallet is empty when they receive it, so they give it to the victim and depart. The attacker intended to mug the victim and undoubtedly commit armed assault. However, no one was wounded, and nothing was stolen. In a circumstance like this, an attorney may be able to negotiate a reduced sentence.

2. The Victim Is Also at Fault

Take the same scenario, except swap the victim and the attacker this time. Consider a person going along the street, minding their own thing. A mugger appears, brandishing a knife, and demands the victim’s wallet. The mugger’s knife is knocked out of the mugger’s grasp, and the victim begins to beat them severely. This would-be victim is charged with aggravated violence on the spur of the moment.

In terms of the law, this person made a mistake. You can’t defend yourself with disproportionate force. On the other hand, this individual did not assault someone at random. The mugger would never have gotten hurt if he hadn’t started the fight. This example of “victim culpability” can be used to request a reduction in punishment.

3. When You’re Under Pressure

You can claim that you were compelled if you were threatened with committing a crime. The court may still find you guilty, but it may decide to give you a lower sentence because of coercion.

4. Circumstances Surrounding the Suspected Offender

An attorney may be required to cast a positive light on the alleged perpetrator on occasion. Here are some examples of how a defendant’s circumstances may influence their punishment.

The lawyer explained to the client about legal issues

 5. Addiction Issues

Long-term addiction can have a lifelong impact on a person’s decision-making ability. Being under the influence of a substance distorts your judgment as well. If you’ve been battling addiction, a court-ordered treatment program may be able to reduce your sentence to probation.

6. An Offense for the First Time

This could work in your favor if you have an otherwise spotless record and are arrested for a single offense. If the court considers that you will not continue to constitute a threat and that rehabilitation will be effective, it may reduce your sentence.

7. Cooperation at a High Level

If you agree to collaborate extensively with the cops, they may begin to believe that you are trying to do the right thing. This is particularly true if you assist them in locating any co-defendants. In addition, they may start to see you as a team member and advocate in your favor, pleading with the court to reduce your sentence.

8. Problems with Mental Health

If you had a temporary mental health problem that led to you doing an illegal act, you might be eligible for a reduced sentence. Remember that this is not the same as filing an insanity petition. Those are only for persons who have severe and debilitating mental conditions. Reintegration into society is not immediate. Instead, they are usually committed to high-security mental health centers. While they are not technically jails, their inmates are not free to come and go. They’ve been sentenced to be there, and their actions and liberties are tightly monitored.

We’re talking about a brief health issue that resulted in a lack of judgment. Although you are still guilty of the crime, your mental condition at the time may result in a reduced punishment.

Frequently Asked Questions:

What are the Four Most Important Justification Criminal Defenses?

The four most important justification criminal defenses used in criminal cases are innocence, self-defense, insanity, and constitutional infringement. A solid defense can assist raise enough doubt that a conviction is unjustified. Therefore, criminal courts require that a judge or jury determine guilt beyond a reasonable doubt.

What are the 7 Procedural Defenses?

The seven procedural defenses are entrapment by the government, false confessions by witnesses, faked evidence, denial of a timely trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are Three Arguments for a Valid Defense to a Crime?

The three arguments for a valid defense to a crime are: They can contest the actus reus by denying that they performed the act. They can argue that they lacked the required criminal intent or guilty mentality, arguing that the men’s rea was violated. Finally, the accused has the right to react to the charges and submit a defense.

Judge reading legal documents

Experienced Criminal Defense Attorney

Mr. Stanley has successfully practiced criminal law from his Baton Rouge office since 1983. He is a renowned trial lawyer who devotes his practice to defending persons and businesses accused of significant or complex felony crimes and those seeking to overturn an unjust criminal conviction or disproportionate punishment. In addition, he is exceptionally dedicated and skilled in the area 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