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Criminal Law Overview

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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:

  • Accounting fraud
  • Bribery, extortion, racketeering, and RICO crimes
  • Computer hacking, cyberspace and Internet crimes
  • Conspiracy
  • Counterfeiting and forgery
  • Embezzlement
  • Health care and insurance fraud
  • Mail fraud
  • Medicare fraud
  • Money laundering
  • Securities and tax fraud
  • Terrorist threats and hoaxes.
  • Wire Fraud
  • Antitrust violations
  • Credit card fraud
  • Phone / telemarketing fraud
  • Bankruptcy fraud
  • Healthcare fraud
  • Environmental law violations
  • Insurance fraud
  • Government fraud
  • Financial fraud
  • Insider trading
  • Kickbacks
  • Public corruption
  • Economic espionage
  • Trade secret theft

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:

  • Drug charges (possession, sales, trafficking, distribution, school zone)
  • Assault & battery
  • Robbery & burglary
  • Theft & grand larceny
  • Gun violations
  • Domestic assault
  • White collar crimes
  • Sex offenses
  • Arson
  • 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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