When there is a theft and embezzlement case, the accused must have strong legal defense that can protect him from the accusations of theft and embezzlement. The lawyer should be able to defend his client against the claims that are brought against him by the prosecutor in the course of proceedings for theft and embezzlement. The client may be charged with two separate offenses, one for theft and one for embezzlement, depending on the nature and extent of the investigation that the prosecuting authorities had conducted. If these offenses are committed by the same person, then he is also charged with two counts of embezzlement and one for theft. The procedures for accusation and handling of cases of petty theft and grand theft vary from one state to another. Usually, the first step in this case is to file the complaint, which includes the name and address of the defendant, the crime charged, the amount of money involved, and the claim to be victims of petty theft and grand theft. This is known as the charge. Another step is to make the defendant's preliminary appearance before the grand jury which is composed of citizens of the district involved, in this case, the prosecuting attorney. The defendant is required to give a true statement. The second step in the process of theft and embezzlement is the investigation of the event, which may include gathering information from witnesses, collecting documents, and doing background check. The investigator will also ask some favors from the owner of the asset being claimed. For instance, he may ask to inspect the place where the asset was kept. He may want to personally look at documents and records. He may want to go to the residence or workplace of the accused. These investigations are often done secretly by private detectives. Once all investigations have been done, the investigator can already start making a plan for the proceedings. One is to present the complaint against the accused. The papers are to be filed in the appropriate court. The grand theft and white collar crime are punished with different sentences. The sentence for grand theft and white collar crime differ from state to state, but in most cases, the sentence is years in jail or imprisonment. You can check out this site for more info. The punishment for embezzlement varies from one state to another, even from county to county. However, it is always included in the charges of the white collar crime. There is yet no fixed pattern on what the punishment is. The punishment for embezzlement is a fine in the amount of double the actual value of the property or in the entire value of the property if the guilty party did not live up to his/her end of the bargain. The theft crime is classified as a felony theft if the act of stealing does not relate to any other crime. With regards to the elements of the crime, the elements of theft and embezzlement fall under the following major factors: the actual physical victim and the proceeds obtained through the theft or embezzlement. The value of the property and the actual victim's loss thereof are very important in determining if the theft and embezzlement have taken place. These are the elements that should always be present and should be followed closely by the embezzlement lawyer in theft and embezzlement law. This will make sure that the defendant will always be charged with a strong legal defense in the case. An alternative post for more info on the topic here: https://en.wikipedia.org/wiki/Criminal_defense_lawyer.
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If you're facing criminal charges of loan fraud or mortgage fraud, you're looking at possible jail time if convicted. You definitely want a knowledgeable, experienced mortgage fraud defense attorney on your side to defend you from these charges. If you've been accused of any kind of mortgage fraud, it's extremely important that you hire an experienced lawyer who is committed to working aggressively to protect your rights and to obtain the best outcome for you. You do not have to live in fear while wading through the court systems with the burden of heavy fines and possible jail time hanging over your head. Mortgage fraud occurs when a homeowner intentionally deceives a lender by failing to pay attention to significant aspects of the property's purchase or by omitting material information on their application. This intentional deception is often committed by mortgage brokers or loan officers. Mortgage fraud can include any of the following: misrepresentation of appraisals; false or inaccurate documentation; false statements in statements of facts; the falsification of a material fact; failure to disclose a material fact that is relevant to your case; or any combination thereof. Because of this serious and complicated issue, many legal representation companies will assign one of their loan fraud attorneys to work on your case. The federal Truth in Lending Act and your state's law regulating the mortgage industry make it illegal for any lender to discriminate against you based on race, disability, gender, religion, credit score, or any other similar criteria. Unfortunately, because these laws were designed to protect everyone, they have also been ineffective in stopping mortgage fraud schemes. Loan brokers and other industry professionals have often falsified information or omitted critical elements from the loan application in order to secure a higher loan amount or to avoid a high-interest rate. For this reason, you may be fighting against a criminal conspiracy by a large number of industry insiders. To lear more about these services, browse more on this site. There are some federal laws that allow you to file a civil lawsuit against those who you feel are guilty of crimes related to their business practices. If you find a real estate agent or broker in violation of these federal laws, you should immediately contact a mortgage fraud defense attorney and begin to learn about the full range of legal remedies that are available to you. These include criminal prosecution, punishment, and restitution. It may even include disqualification from the real estate industry. For a more deeper understanding of this topic, click on this website now. As part of your mortgage fraud defense, you will likely be representing yourself, so it is important that you understand the significance of hiring a competent lawyer. If you have already hired a lawyer to represent you, he or she should explain to you the significance of hiring a team of experts, including a fraud specialist. Together, an experienced mortgage expert and an attorney can help you build a powerful case against the lender who is responsible for your financial misfortune. When you hire a lawyer, you need to be absolutely certain that he or she is thoroughly knowledgeable about federal-level laws, including the Real Estate Frauds statute. You should also hire a mortgage fraud defense attorney who practices within the confines of the law, as the laws regarding these types of cases vary from state to state. When you take the time to hire a highly skilled attorney, not only will you receive great representation in court, but you will also stand a much better chance of recovering most of your losses. The success of your case depends upon how knowledgeable your lawyer is, so be sure to ask questions and demand answers. Get more info related to this topic on this page: https://en.wikipedia.org/wiki/Lawyer. A mortgage fraud defense attorney is your best line of defense in the event that you are accused of bank fraud. This type of attorney is going to help you fight back and prevent your mortgage fraud from getting found out. This type of lawyer knows the system and how to use it to your advantage so that your day in court does not end in a loss. Fraudulent activities can take place anywhere in your mortgage life. It could be with your agent, your appraisers, loan officers, home builders, contractors, lenders, or even your own employees. There may be appraisers in your industry who are crooked and purposely trying to keep their rates down so they will stay in business. There may also be contractors who have not done the job correctly and are just trying to get paid. If you have been cheated by some in the industry then you may need to find legal representation to fight back. The first thing a mortgage fraud defense attorney will do is he will review the case file and take care of any legal issues that may arise. These may include a legal notice that has gone out to all the other mortgage lenders or an official complaint with the Attorney's Association. From there the attorney will gather evidence and conduct his investigation. In some instances a legal action can even be filed against the false appraisers and contractors. If you want to know more about this topic, then click here: mndefenselawyer.com/practice-areas/mortgage-fraud. After the investigation has been conducted the attorney will present the case to the prosecuting attorney. If the prosecution declines to pursue the case then the lawyer will offer to drop the fraud charge. This is when the real estate industry professionals will negotiate a plea bargain. They will admit to the federal crimes and pay fines. This is also the point where the mortgage fraud defense attorney will suggest to his client to take a plea bargain and try to get some type of leniency on their sentence. This will often work in the interests of the federal laws and the government but not always. Some attorneys and judges will decline to take plea bargain deals because they believe the guilty person has not suffered enough from their criminal acts. There are cases where this happens. In most cases, however, the attorneys will try and prove that their clients did not suffer any negative consequences from the crimes. This is what will make a difference in the final sentencing for the criminal charges. Contact this attorney for more details on the above topic today. It is very rare for someone who has been charged with committing a federal crime such as mortgage fraud to be sentenced to jail time in a federal prison. Most people who have committed these crimes get probation is usually for a year. However, there have been cases in which the charges were upgraded to life imprisonment. This can mean spending the next 30 years in prison if convicted. If this happens a person would be unlikely to be eligible for a loan modification program under the current federal housing secretary. Here is more information on this topic: https://en.wikipedia.org/wiki/Law_firm. |
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