Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at LawFindLaw IM Template2024-02-28T05:14:55Zhttps://www.sheppardwhite.com/feed/atom/WordPress/wp-content/uploads/sites/1402711/2022/07/cropped-SWKDW-Logo-ICON-Color-32x32.pngOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=487452024-02-22T05:16:07Z2024-02-28T05:14:55ZCommon defenses to embezzlement charges
Facing embezzlement charges can have significant legal and personal consequences, making it crucial for those accused to understand their defense options. The defenses against embezzlement charges often hinge on the intent and the circumstances surrounding the alleged misappropriation of funds or property.
Lack of intent to commit a crime is also possible. This argument posits that the defendant didn’t intend to steal or permanently deprive the owner of their property. It might have been a misunderstanding or mismanagement of funds rather than a deliberate act of theft.
Demonstrating that any appropriation of funds was done with the belief of having rightful ownership is another defense strategy. This sometimes hinges on the assertion of being allowed to use the funds or property in any manner desired.
Another defense revolves around consent. This occurs when the defendant argues that they had permission from the owner to use the money or property in the manner they did.
Entrapment is another defense, although less commonly employed. In this case, the defendant argues that they were induced by someone else to commit the crime, which they wouldn’t have otherwise committed.
Ultimately, a person who is facing embezzlement charges should review the evidence against them with the assistance of a skilled legal team and determine the appropriate defense strategy. Because these cases are often complex and may result in career-ending consequences, it behooves defendants to have legal representation to assist them as they build the strongest possible response to the charges at hand.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=487432024-01-22T07:36:11Z2024-01-25T18:20:33Zcocaine charges is crucial for individuals facing them so they can determine what type of defense strategy to use.
Cocaine possession charges and penalties
Being found in possession of cocaine in Florida can lead to significant legal consequences. The severity of the charge typically depends on the amount of cocaine in possession. Possessing less than 28 grams is considered a third-degree felony. This charge can result in prison, probation, fines or a combination. Even a small amount of cocaine can lead to serious charges because of the state's zero-tolerance policy towards controlled substances.
Selling cocaine charges and penalties
Selling cocaine in Florida is deemed a more severe offense compared to possession, so the penalties are much more significant than those for possession. It’s categorized as a second-degree felony, punishable by prison or probation and fines. The penalties can increase depending on various factors, such as the proximity of the sale to designated areas like schools or churches. These additional factors can elevate the severity of the punishment.
Trafficking cocaine charges and penalties
Trafficking cocaine is among the most serious drug offenses in Florida. It carries mandatory minimum prison sentences based on the amount of cocaine involved.
The sentencing guidelines state that a person will face these sentences:
28 to 200 grams: 3 years in prison and $50,000 fine
200 to 400 grams: 7 years in prison and $100,000 fine
400 grams to 150 kilograms: 15 years in prison and $250,000 fine
More than 150 kilograms: Up to life in prison
Anyone facing these charges should ensure they understand precisely what sentencing risks they’re facing because mandatory minimums sometimes apply. Working with someone familiar with these matters may be beneficial so they can develop a defense strategy that will give them the best chance of achieving a favorable outcome.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485732023-12-22T07:16:41Z2023-12-27T07:15:53ZSuspensions can last for years
Barring a scenario that involves harm to others, the most important consideration when estimating the penalties for a DUI offense is the record of the person accused. The law in Florida allows the courts to impose increasing penalties for each subsequent infraction after someone's first conviction.
A first DUI in Florida could lead to someone losing their driver's license for between 180 days and a year. A second DUI conviction within five years of the first could lead to five years without a license. Drivers can sometimes secure a hardship license after the first year without a license. A second DUI more than five years after the first has the same 180-day to one-year driver's license revocation penalty.
A third DUI conviction with 10 years of someone's second conviction can lead to a 10-year revocation period, and that is the minimum. A fourth DUI conviction at any point in someone's life can lead to a lifetime driver's license revocation.
The only sure way to eliminate the driver's license revocation penalty risk in a DUI case in Florida is to defend against charges successfully and avoid a conviction. A guilty plea does little to protect someone from licensing consequences and other penalties. Reviewing the evidence that the state has with an attorney can help someone settle on the best defense strategy given their circumstances.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485702023-11-16T08:15:41Z2023-11-21T08:15:11ZInjury isn't necessary in simple assault cases
People frequently misunderstand how Florida defines assault. A simple assault is not one person intentionally injuring another. Instead, it is a threat against another person. An individual does not have to cause significant harm to someone else for Florida to accuse them of assault. They don't even need to physically touch the other person.
They only need to put someone in fear for their immediate safety. The state could charge someone with assault for brandishing a deadly weapon or issuing a verbal threat. Pulling back a fist to indicate an intent to strike someone could also constitute assault. Even written communications, like emails and text messages lead to assault charges if people believed they were credible and that someone intended to follow through on that threat.
A simple assault charge is a misdemeanor offense. The judge could sentence someone to up to 60 days in jail or potentially six months of probation. The defendant may also need to pay a $500 fine in addition to any court costs. Aggravated assault is slightly different. It involves a threat combined with the possession of a deadly weapon or an intent to commit a felony offense. Even then, physical contact between the two parties is not necessary for the state to press charges.
Proving that someone did not suffer significant injuries is, therefore, not a viable defense strategy when an individual is accused of assault in Florida. However, there are a variety of other potential defenses to assault available depending on the circumstances. Ultimately, seeking legal guidance to learn more about the state laws that relate to assault may help people choose the best response after a recent arrest.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485632023-10-17T12:05:27Z2023-10-21T02:39:01ZForensic accountants can help build a strong defense
Accountancy is a skilled profession that requires both experience and education. Some accountants go into highly-specialized fields. Rather than simply managing payroll or tax filings for businesses, some accountants may partner with legal authorities or criminal defense teams. Forensic accountants are specialists who can go over financial records in minute detail. They can trace where money comes from and where it goes. They may be able to identify parties who had access to accounts or resources. Often, their thorough evaluation of the evidence in a white-collar case will provide the basis for a viable criminal defense strategy.
A forensic accountant could identify the parties who directly profited from the situation. They could track down missing resources or determine conclusively that a specific individual did not play a role in all of these questionable transactions. Their efforts may not always identify an alternative suspect, but they could at least help raise a reasonable doubt about someone's alleged criminal activity.
Given that the prosecution of white-collar criminal charges often involves a huge amount of financial evidence, it is unrealistic to assume that individual defendants would be able to analyze those records on their own. Ultimately, bringing in professionals, including forensic accountants and other expert witnesses, can make a major difference for those preparing to fight back against white-collar criminal charges.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485612023-09-19T07:14:26Z2023-09-22T07:14:09ZTransporting medication for others can be risky
There are some scenarios in which it is reasonable and legal for one person to transport controlled substances for another. A spouse, parent, other family member or friend could potentially pick up someone's medication at a pharmacy because the person who needs the medication cannot drive.
They could then transport the sealed medication labeled for someone else's use and deliver it to that person or their primary caregiver. Should a traffic stop occur, the medication should not trigger too much concern from the police officer, provided that it remains in the sealed packaging provided by the pharmacy.
However, once a patient opens the package, it may no longer be safe or legal for another person to transport those medications. If a police officer finds someone with medication in alternate packaging or in prescription packaging with someone else's name on it, they are likely to arrest that individual for the unlawful possession of the controlled substance. The more common it is for people to abuse a specific medication, the more likely it is for an officer to assume criminal intention or activity.
It is more common than people realize for one individual to share their medication with someone else or to resell their leftover prescription drugs. Quite a few people will also steal the medication that belongs to someone else with an intent to misuse those substances.
Those who get caught in possession of someone else's medication, even if they have a very reasonable explanation for the situation, could end up prosecuted for possession. Understanding the strict rules imposed on controlled substances in Florida may help people avoid breaking the law or plan a more effective defense strategy if they get arrested while for doing a favor for a loved one.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485592023-08-08T05:00:02Z2023-08-12T04:59:46ZIt’s frighteningly easy for a child to end up prosecuted as an adult
In most states, a prosecutor has to seek a judge’s consent before they can hand a defendant in a juvenile delinquency case over to the rigors of the adult criminal justice system – but not in Florida.
Here, the prosecutors have tremendous power to decide if and when juveniles are brought into adult court for prosecution through a process known as a “direct file.” They may do so whenever their “judgment and discretion” leads them to believe that doing so serves the public good – so long as the juvenile in question is at least 14 years of age.
In other situations, the law actually requires the prosecutor to file charges against a child directly in adult court. For example, if a teen is at least 16 years of age and they already have a previous conviction for an act of violence against another person, the case automatically goes to adult court if they’re charged with a second offense.
Ultimately, what this means is that any child 14 years of age or older can end up being charged as an adult. If convicted of certain serious offenses, like murder, they can even be sentenced to life in prison.
If your child has made a mistake and gotten caught up in the criminal justice system, don’t expect the prosecutor or the court to go easy on them just because they’re young and immature. It takes experienced legal guidance to help navigate this kind of situation.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485552023-07-13T06:13:10Z2023-07-18T06:12:25ZMortgage fraud for profit
For most people, the word fraud conjures images of a professional of some sort intentionally lying to others, and that can absolutely occur during mortgage fraud cases. Mortgage fraud for profit is about making money off of a transaction. People may fabricate buyers or fabricate property transfers as a means of getting a bank to fund a loan. Unfortunately, then when the lender seeks to foreclose later, there is no collateral property to claim or buyer to take to court. Mortgage fraud for profit can lead to devastatingly large losses for the financial institutions affected, and such schemes frequently involve industry insiders such as real estate agents, mortgage brokers or even property inspectors.
Mortgage fraud for housing
Fewer people recognize that those who want to buy a home are likely to commit mortgage fraud as well. It is illegal to lie on a mortgage application, and yet many people think nothing of providing a friend's phone number as their employer's line for verification purposes or inflating their income artificially on paperwork. They may take such steps under the assumption that if they get the mortgage, then they will do whatever they need to make all of the payments. When lenders uncover such misconduct, often during foreclosure proceedings, the homeowner could potentially face prosecution.
Financial crimes often lead to financial penalties in addition to a possible jail sentence based on the charges a prosecutor pursues. Seeking legal guidance and learning more about financial crimes may benefit those under investigation or facing accusations of illegal financial conduct or fraud.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485512023-06-13T05:50:10Z2023-06-16T05:49:49ZThey haven't eaten recently
A stressful day at work may have meant that someone powered through their lunch break to get as much done as possible instead of actually eating a meal. They may have started the day early and skipped breakfast so that they could get to work a little bit earlier. Those that have no food in their stomachs and have had little to eat previously in the day will often feel the effects of alcohol far more strongly than those who have eaten in the last few hours.
Sales push them to overindulge
The average adult can metabolize approximately one beverage's worth of alcohol per hour. That means one shot of liquor, one beer or one glass of wine. Some cocktails may have multiple shots in them, and many restaurants and bars serve beer and wine in sizes beyond the standard single drink. Beyond that, many people will order a second cocktail if the prices are great or the atmosphere is pleasant. Happy hour inspires people to unwind and relax, which may mean that they end up drinking more than they should too quickly.
They are too eager to get home
Perhaps the worst part about happy hour is how soon it ends. Once the specials end or the dinner hour looms, those headed home from work are often eager to get on with their evening. They may not wait an appropriate amount of time after finishing their drinks before leaving the bar. Their blood alcohol concentration (BAC) might continue to rise after they leave even if they test themselves to make sure that they are safe to drive before getting in their car.
If motorists understand what elevates their risk of impairment during happy hour, they may be able to make better choices. Learning more about issues that lead to drunk driving charges can also help those hoping to put together a defense after a recent impaired driving arrest.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Lawhttps://www.sheppardwhite.com/?p=485052023-05-18T05:09:51Z2023-05-23T05:09:17ZPeople don't have the right to dispense medication to others
Although technically someone owns a prescription medication once they pick it up from the pharmacy, they are not in a position to legally share that medication with anyone else. Attempting to transfer a drug to another person could lead to an arrest in multiple circumstances.
If someone gets caught in the act, both the person giving the medication to someone else and the person receiving it could end up arrested and charged with a crime. If the person receiving the medication gets arrested later, they might disclose the source of the medication, putting the person who provided it at risk. There could also be criminal charges brought against someone who gives their medication to others if the recipient ends up causing a car crash, committing a crime or overdosing.
Even a transfer without profit can lead to charges
One of the biggest misconceptions about controlled substances law is the idea that it is only criminal to transfer the rest of someone's opioid pain reliever or muscle relaxant to another person if there is financial compensation. It is not the payment for the drugs that makes the transfer illegal but rather the act of dispensing or transferring the medication without a medical license. Someone can face charges even if they donated their medication to their neighbor with good intentions.
Understanding that seemingly kind and reasonable actions could lead to criminal charges can help people avoid mistakes that could alter the course of their lives.]]>