Theft Case – How to Get a Lawyer to Help You?

Theft is nothing but taking possession of others property without asking for it. Theft is one offense which is never taken lightly by any country’s law. The consequence of theft has always been harsh punishment by law. Same is the case when it comes to theft in Flagstaff, North Arizona. But neither do any of the Flagstaff lawyers take the offense of theft lightly. Flagstaff attorneys make sure that proper counsel is given to the accused so that the punishment fits the crime.

Sometimes it is thought by the offender that when the accused is caught red handed while committing theft, there is no escape to it and hence there is no need of any defense. The accused will most probably accept the crime thinking that he will get away with a minor punishment which is a thing which will have bad circumstances.

A theft and its penalties vary. No two kinds of thefts have the same type of punishment and this is a well know fact to the Flagstaff attorneys. For a minor theft charge one should not fall victim to the brutal law when Flagstaff lawyers take up the work. If you have been charged with an offense of theft then probably it can be of a few dollars, but chances are that there are multiple charges are levied upon you only to put you into more trouble. Practically thinking, this can ruin your life. So, it is better not to take any risk in the process.

The best and the only alternative to get minimal punishment which fits the crime is to consult Flagstaff lawyers as early as possible before it gets too late. Like if you have logged on to your friend’s computer without asking his permission, you probably do not want to be caught for identity stealing. In the eye of the law, a theft is a theft, and the law does not know anything about your friend or the theft is minor or major. A Flagstaff lawyer’s expertise lies in knowing the events surrounding the theft and the value of the theft so that the punishment is minimal and it suits the offense.

What the Prosecutors often forget, the Flagstaff lawyers uncover and hence the Flagstaff attorneys always help their clients by satisfying them when they need them. All the facts, figures and truth is presented before the court on behalf of the client and the primary goal of the Flagstaff attorney is to satisfy their clients.

Identity Theft – The Choice is Yours, Restoration Vs Resolution or Reimbursement

Identity theft has become a national problem of enormous proportions. According to the Federal Trade Commission (FTC), nearly 10 million people fall victims to identity theft annually, costing customers $5 billion in out-of pocket losses and businesses $48 Billion .

This rise in identity theft is presenting employers with major headaches because they are now liable for identity theft/breaches that occur in their workplace. As of January 2005 to March 2008, there has been reported to the FTC over 223 million data records of U.S. residents have been exposed due to security breaches. This information, can be viewed at PrivacyRights.org. So, all businesses, corporations, schools, financial institutions and hospitals should be concerned about Identity Theft, Identity Theft Red Flags Rule, FACTA, HIPAA, and GLB Safeguard Rules in how they will impact their organizations. If not, the organization may NOT be in compliance with the new Federal and State Laws and modified regulations.

The liability, both civil and criminal for businesses for non-compliance can result in fines up to $1,000,000 per occurrence, 10 years imprisonment for executives, removal of management and employees, and class action lawsuits with NO statutory limitation to name just a few.

There are Five Common Types of Identity Theft: Drivers License identity theft, Social Security identity theft, Medical identity theft, Character/Criminal identity theft, and Financial/Credit identity theft. But, most employers and individuals think it is just about Credit Cards fraud or theft. Criminals are stealing Non-Public Information (NPI) in all 5 areas! Just imagine your medical information file has been stolen, leading to medical bills from hospitals you NEVER visited and receive treatment. Or your social security number was stolen, resulting in the IRS department seeking payment of taxes due from businesses you NEVER owned. Or your driver license number has been stolen, resulting in the Police Department arresting you for tickets that you NEVER knew about. Or new credit accounts (mortgages, credit cards, and loans) were opened in your name, but you NEVER applied for them and now you are liable for all debts after 60 days by federal law! These are just a few of real live identity theft cases occurring throughout America. All due to identity theft and breaches! What do you think September 11, the attack on our Twin Towers in New York…identity theft.

Today, business needs to rapidly education themselves (and consumers alike) on this national problem and be open-minded to possible solutions that can implement into their organizations to become more compliant. Based on CIO Magazine, “The Coming Pandemic”, Michael Freidenberg, May 15th, 2006 reports, “When it comes to cleaning up this mess, companies on average spend 1,600 work hours per incident at a cost of $40,000 to $92,000 per victim.”

So, it is highly recommended by Atty. Kirk J. Nahra, partner with Wiley Rein & Fielding L.L.P. in Washington, D.C., leading expert in privacy and information security litigation and counseling for companies facing compliance obligations in this country, states in his “White Paper” report, that companies needs to implement a security system that is continually monitored, as well as, have a service that will handle RESTORATION and MITIGATION for it’s employees and customers. Having a service that provides FULL restoration and mitigation would help reduce liabilities and class action lawsuits against their organization.

Mike McCoy, Director of the Identity Theft Institute, international expert and co-author of “Who is You? The Coming Epidemic of Identity Theft” and the author of “The Silent Crime, What You Need to Know About Identity Theft”, states “identity theft is on the rise and the worst has not come yet.” So the best two recommendations, an institution can do to limit identity theft exposure and losses are to train employees on identity theft and to offer the best Identity Theft Protection & Restoration service to employees and/or customers. The service that he endorses, as the best voluntary benefit service for employees and/or your customers, can be viewed at CombatProtection.com.

The time is now, for all institutions in America to put a “sense of urgency” into instituting a “Culture of Security”, as stated by The Federal Trade Commission, within their establishments to help reduce and prevent identity theft in the workplace. While identity theft & breaches will never be stopped, but it can be reduced, as well as liability exposures! By implementing the proper security systems, employee training, documentation, and continual monitoring of the effectiveness of your Identity Theft Prevention Program, is a pro-active position in addressing this major crisis. Small to Mid size institutions should be especially concern, due to the enormous cost from liabilities and class-action law suits, and the impact on their business. Reducing liabilities, will be one of the keys to success for businesses today and in the future.

It is advised, for members of a Board of Directors, Presidents, and Senior Level Executives/Managers of their institutions, to consult with an attorney concerning these laws, compliance standards for their industry, and how they apply to their institution.

Offenses Requiring Sex Offender Registration

Florida took the first step in 1997 to make a list of sex offenders available on the internet as well as making that information also available by telephone hotline for people who do not have the internet. It is a requirement in Florida for those convicted of a sex crime to register and report between two and four times per year, to the Sheriff’s Office. Florida’s requirements include more than just an address to register as sex offenders are required to also report any instant message names and numbers, and email addresses to the Sheriff’s Office. A sex offender’s birth month is what is used to determine which months he/she will be required to report in. If they fail to report, submit to all restrictions or provide all information requested will have penalties that classify as felonies. Sex based crimes in Florida are divided into two categories, Sexual Offender and Sexual Predator.

Sexual Predators

Florida law states that all sex offenders are not always considered to be sexual predators, and that for this to happen, the offender must appear in court before a judge who considers the evidence and makes the designation. Even someone who was convicted of sex based crimes, this does not automatically mean they are a sexual predator. There are five different ways in Florida for someone to be classified a sexual predator. These include first time convictions of: lewd and lascivious behavior in front of someone under the age of 16, kidnapping, buying or selling child pornography, false imprisonment, or sexual battery. You should be aware that this applies even if the conviction occurred in another jurisdiction or state besides Florida.

Another way you can be designated a sexual predator is if you commit one of the above mentioned offenses and especially if you were found guilty of having committed other sexual offenses in the past. Past sexual offenses that can get you a designation of sexual predator include: sexual battery, kidnapping, unlawful sexual activity with a minor, false imprisonment, having a child perform sexually, luring or enticing a child or getting someone under 18 for prostitution. Lastly, anyone can be designated a sexual predator if they are determined to be a sexually violent predator at a civil commitment hearing.

Sexual Offenders

he courts in Florida provide three ways to designate someone a sexual offender. The first way includes if you attempt to commit or commit: luring or enticing a child, kidnapping a minor, sexual battery, false imprisonment of a minor, getting someone under 18 for prostitution unlawful sexual acts with a minor, sexual misconduct, selling or buying minors for sex trafficking, or computer pornography. The second way says if you have a conviction that occurred in another state or jurisdiction, you can be considered a sex offender in Florida. If a person has been designated a sexual offender in a different jurisdiction or state, Florida laws will also designate that person as such and they will be required to register their status. The third way says that under Florida laws, if someone attempts to commit or commits lewd and lascivious molestation, sexual battery or lewd or lascivious battery on someone 14 or older, they can be designated a sexual offender in Florida.

The Differences Between Theft and Robbery

Colloquially, robbery and theft are often referred to as if they were more or less the same thing. A robber and a thief both take things that are not theirs, and thus these words can be used interchangeably most of the time. Legally, however, robbery and theft are different crimes with very different punishments. Let’s look at these laws in more detail.

Theft

This is actually a broad term referring to any occurrence when a piece of property is taken without its owner’s permission. It is usually classified as a crime against property, along with property damage and arson. Theft is prosecuted on the state level, with a few exceptions. Because Congress has the constitutional right to control interstate commerce, which has been interpreted very broadly over the years, some acts of theft that affect the interstate economy can be tried on the federal level.

In the US, most state governments use the term larceny in their criminal code because it is more specific. The word “theft” can cover looting, robbery, mugging, shoplifting and a wide variety of other offenses. Larceny, on the other hand, refers to the very specific act of physically moving an object that belongs to someone else, without their permission, and with the intent to deprive the person of that object permanently. It does not matter if the person committing larceny intends to keep the object for their self, but it does matter if they are only temporarily borrowing the object.

Larceny can be a felony or a misdemeanor, depending on the total monetary value of whatever objects were stolen. In Wisconsin, for example, stealing objects or money worth up to $500 is a misdemeanor. Any amount more than that is a felony, with the class increasing with the value of the stolen property.

Robbery

Legally, this term refers to the act of taking property away from its owner through the use of violence or intimidation. Unlike theft, the owner of the property must be present as it’s being taken, or else the crime does not qualify as robbery. This crime is always a felony, although the class varies depending on the amount and type of force used.

If a person physically assaults or threatens another without using any kind of weapon in order to steal anything, this is a Class E felony, and can be punished by up to 15 years in prison. Additional years may be added if the convicted person is a repeat offender. A person who steals property while using a dangerous weapon, such as a gun, has committed a Class C felony, punishable by up to 40 years in prison. Again, more years can be added for prior convictions.

For more information about the legal distinctions between different crimes, contact Milwaukee theft defense attorneys Kohler & Hart.

What Are the Major Causes of Crime and How Can Crime Be Prevented

The number of crime being committed in the United States of America is increasing day after day. There are many reasons as to why people commit crimes and it has been identified that there are no quick solutions to fix this problem in the country today. When people become victims of crime they usually consult the law enforcement agents. For example, people becoming victim of crime in the Chattanooga city may seek professional help from the Chattanooga attorneys. A Chattanooga attorney will be able to aid the person when it comes to dealing with court proceedings and other legal matters. Crime has a major impact on the society and there are many reasons as to why individuals indulge in criminal activities.

It has been revealed that kids who are being neglected by their parents choose the path of crime later in their lives. Peer pressure is also a major contributor to crime today. Students who are weak in education and are unable to perform up to the required standards often become criminals in future. Most of these unfortunate kids come from poor backgrounds where the parents are unable to afford for the clothes, books and other necessary things. These kids form groups and criminal gangs and resort to extortion, theft and fraud as a means of achieving material items which they had been deprived of.

Substance abuse such as drug and alcohol abuse has a strong influence on an individual’s ability to decide things. When people become addictive, they often commit crime to support their drug habits. Moreover, an addicted person can become a vulnerable target for another criminal due to his inattentiveness. The crime life has been made easier in the US through the easy access of handguns. In most reported cases of crime, the weapon which was used was a handgun which was either stolen or purchased from black markets.

Researches have also shown that most of the criminals are not well educated enough. This means that unemployment and poverty had caused them to become criminals so that they had means of supporting themselves and their families. Even if they had been employed at some point, the wages obtained from the workplace wouldn’t be enough to support a family. With that income it would be impossible to even cater for their basic needs and crime was the only profitable business that could help them in catering for their needs as well as their wants.

There are many ways in which crime can be prevented. Punishments and imprisonments are already in place to decrease crime levels. Another way is to reduce the opportunities of crime for the criminals. This can be achieved by better lighting, improved security systems, locking bars and guard dogs. Moreover, if people are given proper education then there will be an automatic reduction in crime rate as they will be able to get a job which will be able to provide for their basic needs and wants. There are also treatment programs available which influences people to make positive choices and refrain from criminal activities.