
criminal law
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criminal law
Overview
Criminal law involves prosecution by the government of a
person for an act that has been classified as a crime. Civil
cases, on the other hand, involve individuals and
organizations seeking to resolve legal disputes. In a criminal
case the state, through a prosecutor, initiates the suit,
while in a civil case the victim brings the suit. Persons
convicted of a crime may be incarcerated, fined, or both.
However, persons found liable in a civil case may only have to
give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a
public law forbidding or commanding it. Though there are some
common law crimes, most crimes are established by local,
state, and federal governments.
If you have been charged with a crime, it is essential that
you seek legal counsel from an experienced criminal defense
attorney at, TALAB NUNLEY, P.C., once so that you can preserve
your rights and protect your future.
Crimes include both felonies (more serious offenses -- like
murder or rape) and misdemeanors (less serious offenses --
like petty theft or jaywalking). Felonies are usually crimes
punishable by imprisonment of a year or more, while
misdemeanors are crimes punishable by less than a year.
However, no act is a crime if it has not been previously
established as such either by statute or common law.
Felony
Felony charges are the most serious of criminal charges, if
you are being charged with a felony, you could be facing a
significant jail or prison sentence and if you have been
previously convicted of crimes you could be facing life in
prison. Different types of felonies can include: Assault &
Battery, Murder, Kidnapping, Robbery and Drug Trafficking.
There are also felonies that are not committed through an act
of violence those can include: Drug possession, Theft,
Burglary, Domestic abuse and Fraud.
We will work to provide you with the best defense possible; we
will analyze your case and determine the best defense for you.
All statutes describing criminal behavior can be broken down
into their various elements. Most crimes (with the exception
of strict-liability crimes) consist of two elements:
1. An act, or "actus reus,"
2. A mental state, or "mens rea."
Prosecutors have to prove each and every element of the crime
to yield a conviction. Furthermore, the prosecutor must
persuade the jury or judge "beyond a reasonable doubt" of
every fact necessary to constitute the crime charged. In civil
cases, the plaintiff needs to show a defendant is liable only
by a "preponderance of the evidence."
White Collar Crimes
White collar crimes are defined as an illegal act
characterized by deceit, concealment, or violation of trust
and is not generally dependant on the threat of physical force
or violence. These types of crimes are committed typically to
obtain money, property or services or to secure personal or
business advantages.
Most white collar crime offenders are ordinary people who for
various reasons make calculated impulsive or poor decisions.
If you are being charged with a white collar crime or are
under investigation for such crimes you need to contact us
immediately, we are experienced and dedicated to helping you
through professionalism and knowledge of these crimes.
White-collar crimes typically refer to a type of crime
committed by professionals using deception, as opposed to
violent crimes that involve force. White-collar criminals
cross all demographic lines and include regular people as well
as CEOs, CFOs, and presidents of major corporations. The
lawyers at Talab Nunley, P.C., have represented clients
charged with white-collar crimes throughout Michigan and the
Detroit area, including the counties of Wayne, Oakland, and
Macomb.
We have the ability to handle complicated state and federal
criminal cases involving:
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Accounting fraud
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Bribery, extortion, racketeering, and RICO crimes
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Computer hacking, cyberspace and Internet crimes
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Conspiracy
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Counterfeiting and forgery
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Embezzlement
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Health care and insurance fraud
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Mail fraud
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Medicare fraud
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Money laundering
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Securities and tax fraud
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Terrorist threats and hoaxes.
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Wire Fraud
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Antitrust violations
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Credit card fraud
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Phone / telemarketing fraud
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Bankruptcy fraud
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Healthcare fraud
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Environmental law violations
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Insurance fraud
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Government fraud
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Financial fraud
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Insider trading
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Kickbacks
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Public corruption
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Economic espionage
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Trade secret theft
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When dealing with white-collar crimes we stress active and
aggressive involvement at the pre-charging stage and are
pro-active in working with authorities to resolve such cases
efficiently and effectively. If you have questions about white
collar crimes, please do not hesitate to contact our office.
According to the Federal Bureau of Investigation, white collar
crime is estimated to cost the United States more than $300
billion annually.
Although white collar criminal charges are usually brought
against individuals, corporations may also be subject to
sanctions for these types of offenses. The penalties for white
collar offenses include fines, home detention, community
confinement, costs of prosecution, forfeitures, restitution,
supervised release, and imprisonment.
A common refrain of individuals or organizations facing white
collar criminal charges is the defense of entrapment.
Both state and federal legislation enumerate the activities
that constitute white collar criminal offenses. The Commerce
Clause of the U.S. Constitution gives the federal government
the authority to regulate white collar crime, and a number of
federal agencies, including the FBI, the Internal Revenue
Service, the Secret Service, U.S. Customs, the Environmental
Protection Agency, and the Securities and Exchange Commission,
participate in the enforcement of federal white collar crime
legislation. In addition, most states employ their own
agencies to enforce white collar crime laws at the state
level. At Talab Nunley, P.C., our criminal defense attorneys
are ready to come to your aid when you are targeted for
criminal prosecution.
If you believe that you may be the subject of a warrant,
criminal complaint or indictment, it is important to retain a
skilled criminal defense attorney as soon as possible. In the
Federal system you must start negotiations with the Government
during the warrant or complaint stage in order to try and
convince the government to dismiss or reduce the severity of
the charges against you. Once an indictment is obtained from
the Grand Jury, it is often too late.
An indictment will substantially change your rights and
available defense options. Without an attorney, you are more
likely to overlook options to reduce or eliminate the charges
against you, and you will be less able to negotiate freely
with the prosecution. Also, you run the risk of making
statements to the Government that will be used against you in
future criminal proceedings. Having our criminal defense
attorneys on your team will make sure that you are able to
present your case forcefully and convincingly, while exploring
every legal option available.
Criminal Procedures
Criminal Procedures are composed of the rules governing the
series of proceedings through which the substantive criminal
law is enforced. In the United States, local and state
government define most crimes, however, the federal government
has adopted its own criminal code, at Title 18, to deal with
activities extending beyond state boundaries or having special
impact on federal operations.
The procedure for criminal trials in federal courts is
outlined in Title 18. States also have statutes that set out
the framework for criminal procedure, subject to important
constitutional limits. For example, the U.S. Constitution Bill
of Rights provides basic protections including the right to an
attorney, the right to not testify, the right to confront
witnesses, and the right to a jury trial, among others. State
constitutions may increase, but not take away from the federal
protections.
The American criminal system is an adversarial and
accusatorial model. Criminal procedure must balance the
defendant's rights and the state's interests in a speedy and
efficient trial with the desire for justice. Therefore, the
rules of criminal procedure are designed to ensure that a
defendant's rights are protected.
The rules of criminal procedures are different from those of
civil procedure, because the two areas (criminal and civil)
have different objectives and results. In criminal cases, the
state brings the suit and must show guilt beyond a reasonable
doubt, while in civil cases the plaintiff brings the suit and
must only show the defendant is liable by a preponderance of
the evidence.
Areas of Criminal Defense Practice (Click on this to go to
information Eric)
The Law Firm defends the rights of people arrested and accused
of criminal offenses. We handle all types of criminal cases,
including:
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Drug charges (possession, sales, trafficking, distribution,
school zone)
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Assault & battery
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Robbery & burglary
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Theft & grand larceny
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Gun violations
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Domestic assault
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White collar crimes
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Sex offenses
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Arson
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Conspiracy
We protect clients' rights at all stages of legal proceedings
- lineups, bail hearings, preliminary hearings, plea
negotiations, and, if necessary, trial and appeals. If you are
charged with a crime, call 248-366-5000 immediately. There is
much that can be done to protect your legal rights. There is
no charge for the initial consultation.
DUI & Traffic Violations (Click on this to go to information
Eric)
Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the
influence (DUI). A conviction on DUI charges will result in a
loss of driving privileges, fines and possibly land you in
jail. In addition, your insurance company may increase your
rates to an unmanageable level. In defending against an under
the influence or impaired driving charge, you have many rights
as a criminal defendant, including the right to cross-examine
the witnesses against you, even if they are police officers.
An experienced attorney can make all the difference in such a
difficult case.
If you have been charged with DUI or other traffic offense,
call us at 248-366-5000 as soon as possible for a free initial
consultation.
Free Consultation
Any information that you provide is confidential. Our office
will only use this information to determine the viability of a
claim on your behalf.
There is no charge or obligation, and any consultation is
free. A member of our legal group will review this information
and respond immediately.
You can always contact us directly at 1-248-366-5000. Our
phones answer 24 hours a day, 7 days a week.
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