People make mistakes and no one is perfect, but staying on the right side of the law is always in your best interest.
If you get into trouble with the law, however, you need representation from an attorney who can advocate for you. They will guide you through the process and explain how the law works.
Simple words, big difference
However, even before that, it is crucial to have a basic understanding of certain concepts. Felonies are much more serious than misdemeanors, for example, and they often result in harsher penalties, while misdemeanors are less serious offenses with less severe consequences.
Examples of felonies include:
Murder
Robbery
Burglary
Drug trafficking
Examples of misdemeanors include:
Shoplifting
Vandalism
Trespassing
Disorderly conduct
Reading through the list gives you a clear picture of the differences between the two. Given that they are so different, felonies and misdemeanors differ in many other ways, like, for example, the legal proceedings and the long-term effects of a conviction.
You deserve advocacy
In a perfect world, no one would commit crimes. However, good people who need legal assistance commit millions of crimes every day in the United States.
Understanding the law, whether you should fight your charges, whether you have defenses and what rights you have are all critical and important for you to know.
For information specific to a crime, an attorney with criminal law experience can assist you further and ensure you understand the entire picture.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497952024-02-13T15:24:24Z2024-02-13T15:23:06ZDrug Trafficking
Selling or distributing illegal drugs like cocaine, heroin, or methamphetamine can lead to federal charges. Even if you're just caught with a small amount, you could end up facing serious consequences under federal law.
Identity Theft
Ever heard of someone stealing someone else's personal information, like their credit card number or social security number, to commit fraud? That's called identity theft, and it's a federal crime. Messing with people's personal information can land you in hot water with the feds.
Bank Robbery
Yup, just like in the movies! Due to federal laws protecting banks, robbing one is a federal offense. Even attempting to rob a bank can get you into major trouble with federal authorities.
Counterfeiting
Making fake money or other counterfeit goods is a big no-no at the federal level. If you're caught making or using fake money, you could be facing federal charges.
Cybercrimes
Hacking into computer systems, spreading viruses or committing fraud online are all considered federal crimes. The federal government takes cybercrimes very seriously because they affect so much of our daily lives these days.
Federal crimes are serious
Now, you might be thinking, "Why should I care about federal crimes? Can't I just avoid breaking the law altogether?" And that's a great question! The truth is, sometimes people find themselves in tricky situations without even realizing it.
Maybe you're hanging out with the wrong crowd, or you make a bad decision in the heat of the moment. But here's the thing: getting involved in federal crimes can have serious consequences that can follow you for the rest of your life.
If you're convicted of a federal crime, you could face hefty fines, years behind bars in federal prison, and a permanent criminal record.
That record could make it tough to find a job, go to college, or even rent an apartment. Plus, federal crimes often come with stricter penalties than state crimes, so you could end up with a much longer sentence.
So, what's the takeaway here? It's simple: know the law, stay out of trouble, and think twice before making any decisions that could land you in hot water with the feds.
Your future is too important to risk over a momentary lapse in judgment.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497902024-01-09T15:00:18Z2024-01-09T15:00:18ZUnderstanding search and seizure
The Fourth Amendment guards against unreasonable searches and seizures. This protection means that any law enforcement action must be reasonable and follow due process. It's a fundamental concern that helps to ensure that law enforcement needs don't overshadow individual rights.
When a warrant is necessary
Typically, law enforcement officers require a warrant to conduct a search or seizure. This legal document, issued by a judge or magistrate, permits them to search a specified area and seize particular items. Warrants can’t be too general or they’ll be considered invalid.
To get a warrant, there must be probable cause, suggesting a reasonable belief that a crime has occurred and evidence is present at a specific location. There are exceptions to the warrant requirement. A warrant might not be necessary in urgent situations involving immediate threats to public safety or the potential destruction of evidence. Also, searches connected to lawful arrests might occur without a warrant.
Rights during a search
Individuals need to know their rights in search and seizure scenarios. If officers lack a warrant, you can usually refuse a search. But, if they have a valid warrant, compliance is required.
Understanding search and seizure is crucial in the criminal justice system. It's about knowing your rights, understanding when law enforcement can conduct searches and recognizing the importance of warrants. This knowledge is key for anyone interacting with the legal system, ensuring they can navigate these complex situations in more informed ways
Evidence that’s obtained without a warrant, permission or extenuating circumstances may not be admissible in court. Working with someone who fully understands the Fourth Amendment’s requirements is critical for any defendant.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497702023-09-29T13:47:58Z2023-09-29T13:47:58ZWhat is the new policy?
In 2021, legislators in the United States passed the Corporate Transparency Act. The Act received bipartisan support and was signed into law after passing both houses. The most important requirement of the Corporate Transparency Act will go into effect on January 1st, 2024. Every incorporated business and limited liability company (LLC) will now need to file a report with the Financial Crimes Enforcement Network (FinCEN) identifying both the beneficial owners who have an interest in the company and the individual who filed the incorporation paperwork for the organization.
Existing businesses will have a year from when the law goes into effect to put together that report. New businesses formed after the first day of 2024 will have 30 days to file the necessary documentation with FinCEN. The idea is that identifying each party with an ownership interest in an organization and the person who files the paperwork to form the business with the state will help the federal government track the relationship between different entities.
The disclosure requirements will also help identify organizations run by those with ties to terrorism or organized crime. Those who help start or have an ownership interest in numerous businesses may have their information disclosed to FinCEN by the organizations that they have funded or helped to start. They could very well then find themselves facing accusations of money laundering based on their involvement with those multiple companies and the transactions that they have conducted.
Remaining compliant with new laws and understanding what behaviors might trigger a money laundering investigation could benefit those who have invested in a business or intend to do so in the near future.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497572023-08-27T18:12:23Z2023-08-27T18:12:23ZReading someone else’s email
It is illegal to read someone else’s email messages without their permission. There was even a case where a man was arrested for reading the emails on his wife’s phone. He was close to going to jail, but it turned out that his wife had also read the messages on his phone, so neither of them were incarcerated. But this case helps to show that gaining unauthorized access to someone’s private account is unlawful. It doesn’t matter if the person doing it considers reading someone else’s emails to be a “minor” event. It doesn’t even matter if the people are married. It is still technically a violation of the law unless the account holder has granted the reader explicit permission to access their account.
Accessing someone’s social media
Unlawful access of another individual’s social media accounts is also unlawful. This could be done maliciously, but it is also often done between friends, roommates, coworkers or other people who know each other. Some people may think that it’s just a joke to “hack” into someone else’s social media and post a compromising status, but it is technically a violation of technology laws.
These laws are somewhat outdated, and they are always being changed as technology evolves. As a result, those who have been accused of violating the law should seek legal guidance promptly to begin building a defense strategy that is strong in the face of the unique ins and outs of their particular circumstances.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497462023-07-17T20:00:54Z2023-07-17T20:00:54ZYour financial obligations will continue
Your bills and expenses will not be put on pause just because you have been arrested or convicted. Your rent or mortgage payments will remain due, as will your car loan, exactly as before. You’ll still have to pay off your credit card bills, pay taxes and tend to child support obligations, unless your term of incarceration is so lengthy that an exception to this rule applies to your situation.
As a result, it’s important to have someone who can handle these affairs for you. Some people use a power of attorney to give an agent the legal right to act on their behalf. Others set up automatic electronic payments. Still others simply entrust a family member with this task, such as allowing a spouse to handle their affairs.
Without an official legal agreement in place, someone else may not be able to take care of everything for you while you are in jail. For instance, you may want your brother to take money out of your bank account and pay your mortgage, preventing a foreclosure, but that doesn’t mean that the bank is going to give them access to your account. If you don’t take steps to facilitate this access, your lender could foreclose even though you have enough money to pay.
As a result, people who don’t consider their financial obligations often end up losing their possessions while they’re in jail. This is one of the reasons why being convicted can result in massive ramifications, even if you know you didn’t do anything wrong and you will eventually be released.
Creating a plan in advance
It’s crucial to have a plan in place to take care of these expenses so that you don’t lose everything you own, forcing you to restart your life when you are finally released. Be sure you know exactly what legal steps to take to protect your interests while you’re in jail. Seeking legal guidance is a good place to start.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497452023-07-06T12:27:06Z2023-07-06T12:27:06Zbackground checks on potential tenants, and a felony conviction can significantly diminish one's chances of securing a lease. Landlords may perceive individuals with criminal records as higher risks, fearing potential property damage, disturbances or illegal activities on their premises.
The Fair Housing Act criminalizes discrimination based on religion, race, sex, national origin, disability and familial status. However, it does not explicitly protect individuals with criminal records. As a result, some landlords may refuse to rent to individuals with felony convictions, effectively barring them from certain housing options.
Felony convictions can also impact an individual's eligibility for public and subsidized housing programs. The US Department of Housing and Urban Development (HUD) can assist low-income individuals and families through programs like Section 8 and public housing. However, individuals with certain criminal convictions, particularly drug-related offenses or violent crimes, may be ineligible for participation in these programs.
Overcoming challenges
Individuals with a felony conviction may have the opportunity to pursue expungement or record sealing. These legal processes aim to remove or limit public access to criminal records, effectively reducing the visibility of the conviction.
Individuals can also participate in rehabilitation programs and obtain relevant certifications to demonstrate their commitment to personal growth and reintegration into society. Rehabilitation programs can be related to:
Substance abuse
Anger management
Vocational training
Educational courses
Limited rental options, housing discrimination and restrictions on public and subsidized housing programs create significant barriers for individuals seeking shelter after a conviction. However, with access to legal resources and participation in rehabilitation programs, individuals with felony convictions can potentially work towards greater opportunities.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497352023-06-03T22:12:14Z2023-06-03T22:12:14Zsecure a state license. They then have to maintain that license by meeting professional standards and fulfilling continuing education requirements.
Those who have invested heavily in their careers in the pursuit of a licensed profession typically intend to profit from that investment for many years to come. However, sometimes, mistakes and misconceptions can put someone's professional future at risk. How can someone who is facing criminal charges in Massachusetts protect their professional license?
Avoiding a criminal conviction
Every defendant has the right to a presumption of innocence. In other words, in the eyes of the law, anyone accused of a crime is innocent until proven guilty. Employers and other parties, like licensing authorities, should not discriminate against an individual accused of a crime but able to exonerate themselves through evidence. Therefore, it is the outcome of criminal charges, not someone's arrest, that will usually affect their professional license.
Any professional facing criminal accusations, regardless of whether or not the accusations directly relate to their profession, can typically minimize career consequences and long-term limitations by avoiding a conviction. The state licensing board will have a much more difficult time justifying punitive actions if the criminal courts have failed to convict someone.
There are numerous ways for someone to defend against criminal charges ranging from proving someone else committed the crime to establishing that no crime actually occurred. Those facing criminal charges and worried about preserving their professional licenses will often benefit from cooperating with a defense attorney.
A successful defense in criminal court may eliminate the risk of disciplinary efforts by the licensing board or can strengthen someone's chances of avoiding lasting licensing consequences stemming from a recent arrest. Although it is theoretically possible for licensed professionals to defend themselves at a disciplinary hearing in front of the state licensing board after a conviction, it is easier to avoid disciplinary efforts and penalties with an unblemished criminal background.
The team at J. W. Carney, Jr. & Associates does not practice licensing defense, but our attorneys do help professionals facing criminal charges avoid career-ending charges. Our network of professional contacts can help us connect clients with the right support if clients need to defend their licenses in addition to defending against criminal charges. Mounting a rigorous defense to even seemingly minor criminal charges can help professionals protect the investment that they have made in their careers thus far.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497332023-05-17T11:18:39Z2023-05-17T11:18:39ZChanges to three-strikes laws
It also softens the 'three-strikes' law, reducing the life sentence for three or more convictions to a 25-year sentence. It also expands the 'safety valve' provision in federal sentencing laws, allowing judges more discretion to deviate from mandatory minimum sentences in some cases. This is a significant move toward a more individualized justice approach.
Prison reform
On the prison reform side, it aims to prepare inmates for a successful reentry into society. It incentivizes inmates with the possibility of earning 'good time credits' to reduce their sentence length, contingent on their participation in programs aimed at reducing recidivism. These programs, which include vocational training, education and drug treatment, are designed to equip inmates with vital skills to help them reintegrate into society upon release.
Challenges remain
Critics argue that the First Step Act, while a positive move, only scratches the surface of the deep-seated issues plaguing the U.S. criminal justice system. It primarily affects the federal prison population, which comprises a relatively small fraction of the total incarcerated population in the U.S., so its reach is limited. However, it has established a precedent that could potentially inspire more substantial state-level reforms.
The First Step Act marks a significant step forward in criminal justice reform in the U.S. While it is not a cure-all, it signifies a much-needed shift towards a more humane and rehabilitative approach to criminal justice, one that recognizes the importance of second chances and the potential for transformation. As the name suggests, it is merely the first step on the path to more comprehensive reform.]]>On Behalf of Carney, Gaudet & Carneyhttps://www.carneydefense.com/?p=497362023-06-13T06:10:17Z2023-04-21T06:09:07ZRights to a fair trial
In making the ruling, the high court relied on the sixth amendment to the Constitution, which provides rights to a fair trial that includes unanimous verdicts. It explicitly defines procedures to prosecute criminal suspects and ensures a jury trial for the suspect but does not detail the trial’s process, passing it on to the states to decide based on their own constitutions.
Following that decision, the Oregon Supreme Court ruled that cases within their borders should retroactively be applied, ending the mandated 10-2 for conviction. The decision makes Louisiana (formerly 10-2 prior to a new constitutional amendment requiring unanimity) and Oregon the only two states not requiring unanimous verdicts.
Another Louisiana inmate named Thedrick Edwards was convicted in a 10-2 decision in 2007, which challenged Louisiana's non-unanimous jury conviction law. He petitioned the Supreme Court during the same time period. That decision changed his petition to the Supreme Court to request the Ramos decision be retroactive to defendants who had exhausted all appeals. The court subsequently accepted Edwards' case with oral arguments commencing on December 2, 2020.]]>