Criminal Law Review

No parent wants to get a phone call from a child in jail. Nevertheless, mistakes happen. Don’t compound their mistake by mishandling their call to you.

Being arrested is scary and, odds are, your child is going to be extremely upset by the time they call you for help. Your first priority is to calm them down. Your second priority is to keep them quiet.

Do not make your child explain what happened. In fact, don’t even ask. And don’t let them tell you. Your child is probably calling from the booking desk and is standing in front of a police officer. Or he or she is calling from the holding area and can be overheard. What your child says to you on the phone can be detrimental to their case. Calmly explain that they will be able to tell you everything later.

You must encourage your child not to waive their right to remain silent or to legal counsel. Everything your child says while in police custody can be put in their case file and be used against them. Stress that they are to remain calm, courteous and quiet. You need to know the charge, if bond has been set, and if not, when it will be set. These are the only questions to be answered on the phone.

If the child is too distraught to answer, have him give the phone to the desk sergeant or jailer. Let your son or daughter know that you are going to help them and will see them as soon as you can.

Once you know the amount of bond, get your child out of jail. If you don’t have the cash on hand, you can use a bondsman. They will post bond and charge you a percentage of the total amount as their fee. You will also have to pay jailer fees. If there is no way you can post bond, contact a criminal defense attorney immediately.

Though your child can be represented by the public defender, he or she will have a much better chance at minimizing the legal consequences if you hire an experienced DWI attorney. Take some time and research local attorneys. Once one is hired, information passed between your child and the attorney is privileged. The attorney will not be able to update you on the case or explain the details of the arrest without authorization-even if you are footing the bill.

Depending on the circumstances, a DWI arrest can affect the rest of the child’s life. New Hampshire takes DWI very seriously and offenses carry stiff penalties. The whole process is going to be difficult on everyone involved. Odds are, you will be caught off guard when you receive the initial phone call, and you may feel overwhelmed throughout the entire process. Choosing the right attorney will go a long way toward not only building your child’s defense, but also supporting your family through a very difficult time.

For more information on how to choose the right attorney, read Picking a DWI Attorney.

The term “white collar crime” describes a variety of conduct. The term was first used by Edwin Sutherland when he addressed the American Sociological Society in 1939. Dr. Sutherland presented the position that corruption among affluent business and government officials caused as much harm to society as what is commonly referred to as “street” or “blue collar” crime. Thus, society should take action to identify and punish individuals involved in such conduct.

Perhaps “white collar crime” is best defined as property crimes associated with business that do not result in physical injury to any person. This broad definition can apply to complex investment schemes such as those publicized in the Enron scandal, or insider trading allegations such as those brought against Martha Stewart. The definition can also apply to more direct criminal activity such as telemarketing schemes, Internet fraud, and embezzlement.

Some examples of “white collar crimes” are: access device fraud, bank fraud, blackmail, bribery, cellular phone fraud, computer/Internet fraud, counterfeiting and forgery (not only currency but also certificates, documents of authenticity, licensing documents, identity, contractual agreements, etc.), credit card fraud, futures speculation schemes, copyright infringements, embezzlement, environmental regulation violations, extortion, fraud involving the health care industry, insider trading, insurance fraud, investment schemes, money laundering, securities fraud, tax fraud and evasion, telemarketing schemes, fraud involving illegal attainment of government services or benefits, bait and switch schemes, price fixing, false advertising, improper weights and measures for marketable goods, etc. This is by no means an exhaustive list of all of the conduct that could be characterized as “white collar crime.

Often, subjects of investigations of “white collar crimes” are accused of committing wire or mail fraud, obstruction of justice, or for making false statements to federal investigators. Wire and mail fraud prosecutions are very common in the arena of “white collar crime.” The difference between wire or mail fraud is that with wire fraud, the defendant used the “wires” (i.e., phones, fax, radio, etc.) to further the scheme to defraud, whereas with mail fraud, the defendant uses the United States Postal Service. See 18 U.S.C. yy 1341, 1343. The wire and mail fraud charges are very serious charges. The two carry a statutory maximum penalty of twenty (20) years imprisonment!

You may wonder why you or your company may be charged with wire or mail fraud for conduct that is more specifically addressed in other statutes. Especially in light of the fact that in today’s marketplace, businesses of all types are highly regulated. Perhaps it was explained best in a Second Circuit case from New York: “To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart–and our true love. We may flirt with RICO, show off with 10b-5, and call the conspiracy law ‘darling,’ but we always come home to the virtues of 18 U.S.C. y 1341, with its simplicity, adaptability, and comfortable familiarity.”

United States v. Pisani, 773 F.2d 397, 409 (2nd Cir. 1985) (citing Rakoff, The Federal Mail Fraud Statute (Part 1), 18 Duq.L.Rev. 771, 771 (1980)) (footnotes omitted).

In other words, due to the simplicity of the wire and mail fraud statutes and because of the fact that oftentimes prosecutors are unable to identify violations of more specific statutes, the prosecutors simply rely on their “sweetheart” statutes, Mail or Wire Fraud. The prosecutors twist the facts in an attempt to satisfy the elements of the Mail or Wire Fraud statutes.

If you have been charged with Mail or Wire Fraud, or conspiracy to commit mail or wire fraud (which carries the same penalty as Mail or Wire Fraud), you are facing very serious charges. The author HIGHLY recommends that you obtain COMPETENT legal counsel IMMEDIATELY. If you anticipate that you may face Mail or Fraud charges, or conspiracy to commit Mail or Wire Fraud charges, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE. If you are aware that you or your company is being investigated as a result of your business activities, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE.

Competent legal counsel is very important from the moment that you realize you may be the subject of an investigation for any conduct that may constitute “white collar crime.” Often, legitimate business people find themselves prosecuted for unintentionally making false statements to investigators (just ask Martha Stewart), or for other unintentional actions that can be construed as an attempt to obstruct justice. The risk of such prosecution necessitates the acquisition of legal counsel as soon as possible.

There could come a time when you decided to just have one glass of beer after a long tiring day at work. After drinking such a responsible amount of alcohol, you are on your way home only to cross paths with a bored police officer. He pulls you over, does the standard of checking your license and registration. Afterwards, he asks you to step out of the vehicle and conducts a series of sobriety tests. He thinks that you are drunk based solely on his judgment and arrests you on the spot. Does this sound familiar?

There are many cases in which the accusation of a DUI crime is unfair and unjust. It is especially in Tennessee that prosecutors are quite ruthless, and they would do anything to see you in jail. They are government-funded and have unlimited resources to do so. This is why it is so important to hire the best lawyer you can find that handles DUI cases in Tennessee. After all, every state has varied laws regarding DUI. Finding a good Knoxville DUI lawyer could be the key to your freedom. He or she could either minimize the effects of things such as jail time, alcohol counseling, and court fines.

A really good lawyer could even completely bail you out and eliminate all the punishments that a DUI crime calls for. This is important because the lives of many people have been destroyed because of a DUI criminal record especially in Tennessee where they pin you down to the ground right from the start. It could even be worse if you are taking care of a family. Imagine not being able to find a job because of your criminal record.

It would only result in a hard time making money to feed your family, put your kids through school, and paying for monthly bills. This means that such case does not only affect you, but other people as well. With a good lawyer, you are bound to have better chances to avoid such problems that a DUI crime could entail. A DUI crime is even worse if you rely on driving to make money. Your license could be suspended for a long period of time, and sometimes you could even be completely banned from driving in the state of Tennessee.

So if you find yourself in a situation like this, it’s important to remember that finding a good lawyer is the best step. Having a solid defense at your side has always been important in trials. It doesn’t matter how much evidence of lack of it the prosecutors have, if you don’t have the lawyer that could best represent your case, then you might as well walk to jail right away.