Bird & Van Dyke, Inc. – A Professional Law CorporationBird & Van Dyke, Inc. - A Professional Law Corporation2024-03-14T22:27:22Zhttps://www.birdandvandyke.net/feed/atom/WordPress/wp-content/uploads/sites/1101653/2022/07/cropped-favicon-32x32.jpgOn Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=533922024-03-14T22:27:22Z2024-03-14T22:27:22Z1. Failure to prove willfulness
Willfulness requires the prosecution to show that the accused intentionally and knowingly attempted to evade paying taxes. If the individual can prove that any discrepancies or errors were unintentional and resulted from negligence or misunderstanding rather than deliberate evasion, it could weaken the prosecution's case.
2. Lack of sufficient evidence
Another defense strategy is challenging the sufficiency of evidence. To get a conviction, the government must provide substantial evidence proving beyond a reasonable doubt that tax evasion occurred. If there are gaps or inconsistencies in the evidence, the prosecution may fail to meet its burden of proof.
3. Reliance on professional advice
Individuals may assert a defense based on their reliance on professional advice. If they can demonstrate that they acted in good faith and reasonably relied on the advice of accountants or tax professionals when preparing their tax returns, it may mitigate any allegations of intentional wrongdoing. However, this defense requires evidence to support the claim that the advice received was reasonable and that the individual followed it in good faith.
4. Statute of limitations
Another potential defense is the expiration of the statute of limitations. The government must initiate legal proceedings within a certain time frame from the alleged commission of the offense. If the prosecution fails to meet this deadline, the accused may be able to have the charges dismissed based on the statute of limitations.
5. Mistake of fact
Those accused of federal tax evasion may argue a defense of mistake of fact. This defense asserts that any discrepancies or omissions on their tax returns resulted from a genuine mistake or misunderstanding, rather than a deliberate attempt to evade taxes.
By understanding these defenses, individuals can better navigate the complexities of the legal system.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=533902024-02-29T20:48:29Z2024-02-29T20:48:29ZUnderstanding the target of the embezzlement
At its core, embezzlement involves the theft of money, funds or assets that an organization or person other than the perpetrator owns. Common examples include an employee stealing from a company or someone misusing money from a trust or estate. The assets involved must have been legally entrusted to the person for them to then misappropriate.
Considering the intent to defraud
An essential component of any embezzlement allegation is evidence that the perpetrator knowingly took part in fraudulent activity with the intent to deprive the rightful owner of funds or assets. Without proving intent, there may be poor accounting or financial mismanagement, but likely no crime.
Establishing access to the funds
A key distinction between embezzlement and ordinary theft is that embezzlement requires that the person have lawful access for a time. For example, an employee may have authorization to transfer funds for legitimate purposes, enabling the crime. The access is then abused when assets are ultimately kept or spent illegally.
Understanding exactly what constitutes embezzlement under the law is essential for anyone facing such serious accusations. Building a sound defense starts with a comprehensive understanding of the law and the burden of proof on the prosecution.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=533882024-02-27T20:27:51Z2024-02-28T20:27:44Z1. Imminent home foreclosure
In Stockton, the median amount of monthly homeowner costs with a mortgage is $1,958. If you are at risk of losing your home due to foreclosure, emergency bankruptcy could halt the process. This gives you an opportunity to reorganize your finances and potentially keep your home.
2. Car repossession
An emergency bankruptcy filing may put a temporary stop to car repossession proceedings. This can be a huge help when you need your car for work. You can get the time explore alternatives to keep your vehicle.
3. Eviction
If you are facing eviction from your residence, filing for emergency bankruptcy could provide immediate relief. It could temporarily halt eviction proceedings and allow you to work on resolving your housing situation.
4. Bank account levy
A bank account levy can leave you without access to necessary funds. Emergency bankruptcy filing may prevent or halt such levies.
5. Wage garnishment
Wage garnishment can hurt your ability to meet basic needs. Emergency bankruptcy could give you some breathing room.
6. Professional licenses
Certain professions in California require licenses, which may be at risk due to financial or legal issues. Emergency bankruptcy filing might offer a chance to protect or reinstate these licenses, safeguarding your ability to work.
Exploring the option of emergency bankruptcy may provide you with relief and protection. Carefully consider your circumstances first.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=533862024-02-10T16:54:06Z2024-02-14T16:53:37ZHow the legislation impacts penalties
The enactment of the new law means those convicted of fentanyl trafficking now face more severe consequences. Longer prison sentences and increased fines are among the measures introduced to address the seriousness of this offense. By imposing stricter penalties, policymakers aim to disrupt the supply chain of fentanyl.
Why the legislation is in place
In addition to increasing penalties, the new legislation underscores the state’s commitment to enhancing public safety efforts related to fentanyl trafficking. Law enforcement agencies are receiving additional resources to combat the distribution of fentanyl and dismantle criminal networks involved in its trafficking. Furthermore, communities are implementing initiatives focused on education, prevention and treatment to address the root causes of drug dependency and reduce demand for illicit substances.
How the legislation promotes rehabilitation
While the new law seeks to hold individuals accountable for fentanyl trafficking, it also emphasizes the importance of rehabilitation and support services. By offering pathways to treatment and recovery, the state aims to address the issues driving drug-related crimes. It also seeks to help people break the cycle of addiction that often contributes to criminal behavior.
Ultimately, the goal is to create safer and healthier communities statewide.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=532042024-01-30T02:19:00Z2024-02-01T02:18:02ZUnauthorized billing
One common way fraud can occur is through unauthorized billing. Malicious healthcare workers may submit false claims for services that were never provided. They might also inflate the costs of legitimate services. This deceptive practice not only compromises the financial integrity of healthcare systems but also impacts patients who may bear the burden of higher costs.
Phantom patients
Fraudulent healthcare workers might also create phantom patients. These are fictitious individuals who supposedly receive medical services. By billing for these non-existent patients, healthcare workers can channel funds into their pockets while evading detection. This deceptive tactic exploits the administrative aspects of healthcare systems.
Kickbacks and bribery
Some healthcare workers accused of fraud engage in kickbacks and bribery schemes. This involves receiving illegal payments or benefits in exchange for patient referrals, services or the purchase of medical equipment. Such unethical practices compromise the impartiality and fairness that should characterize healthcare decisions.
Upcoding and unbundling
Upcoding is the process of billing for a more expensive service than the one actually provided. Unbundling involves billing separately for procedures that patients would otherwise pay for in a cost-effective bundle. Both practices distort the financial aspects of healthcare and lead to unjust enrichment for the accused individuals.
The United States Sentencing Commission reported that there were 431 healthcare fraud offenders in 2022. This is a 1.4% increase from 2018, meaning that fraud accusations, both rightful and wrongful, are on the rise in the healthcare space. It is important for healthcare workers to understand how they can defend their rights in the face of such accusations.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=532002024-01-18T19:19:57Z2024-01-18T19:19:57ZBurglary
Burglary involves unlawfully entering a building with the intent to commit a crime, typically theft. Unlike other theft charges, burglary focuses on the act of breaking and entering. The severity of the offense may increase if the burglary occurs in a dwelling, such as a house, compared to a non-residential structure.
Robbery
The use of force or threat turns theft into robbery. Unlike burglary, which emphasizes unlawful entry, robbery centers on confrontation. It involves taking other people’s property directly from them and instilling fear through force or intimidation.
Shoplifting
Shoplifting occurs when an individual takes merchandise from a retail establishment without paying for it. Unlike burglary and robbery, shoplifting typically involves a less confrontational approach, often characterized by concealment or simple removal of items.
Embezzlement
Embezzlement is a white-collar crime where a person entrusted with someone else's property, such as funds or assets, misappropriates or fraudulently uses those assets for personal gain. Unlike other theft charges, embezzlement often occurs within an employer-employee relationship.
Grand theft
Grand theft is a category that encompasses theft of significant value, usually involving a specific type of item or exceeding a monetary threshold. The severity of the charge depends on the value of the stolen property. There are various forms, such as grand theft auto or grand theft larceny.
Petty theft
In contrast to grand theft, petty theft involves stealing property with a lower monetary value. Petty theft may include pickpocketing or stealing small, unattended items from a public place such as a laundromat or restaurant.
Penalties for theft in California include fines and jail time, even for petty theft.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=531932024-01-04T04:37:36Z2024-01-04T04:37:36ZDistracted driving
Distracted driving is a prevalent cause of serious accidents. Activities like texting, talking on the phone, adjusting the radio and eating divert a driver's attention from the road. When this occurs, the risk of collisions dramatically increases.
Speeding
Excessive speed and driving too fast for road conditions commonly lead to serious accidents. Speeding reduces a driver's reaction time, making it challenging to avoid obstacles or stop suddenly.
Reckless driving
Aggressive and reckless driving behaviors, such as tailgating, weaving in and out of traffic, and ignoring traffic signals, elevate the likelihood of serious accidents. These actions compromise the safety of everyone on the road.
Driving under the influence
Operating a vehicle under the influence of alcohol or drugs is a leading cause of severe auto accidents. Impaired drivers have diminished judgment, coordination and reaction time, posing a considerable risk to themselves and others.
Fatigue
Fatigue impairs a driver's ability to focus and make sound decisions. Falling asleep at the wheel or experiencing reduced alertness significantly increases the risk of accidents.
Lack of driver experience
Inexperience behind the wheel results in more serious accidents among younger drivers. Limited familiarity with driving situations and poor decision-making create hazardous situations. The California Office of Traffic Safety reports that 474 fatal accidents involved teen motorists in 2021 alone.
In conclusion, serious auto accidents can result from a combination of factors. Practicing safe driving habits allows you to avoid common collision causes.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=531912024-01-04T04:36:05Z2024-01-04T04:36:05ZFalse information
A common form of mortgage fraud involves providing false information on the loan application. This misinformation may relate to the borrower's income, employment history, assets or debts. Lying about these crucial financial details can lead to a distorted assessment of the borrower's creditworthiness.
Misrepresentation of property
Individuals may provide an inflated appraisal value for a property to get a larger loan. Another way to perpetrate fraud is to misreport the condition of the property to make it seem more valuable.
False documents
Fraudulent schemes may involve falsifying documentation. This could include forging signatures on property deeds or creating fake supporting documents.
Straw buyers
Straw buyers are individuals who allow others to use their identities and credit histories to obtain a mortgage. This deceptive practice is to conceal the true borrower's financial situation.
Flipping scams
Fraudulent flipping occurs when individuals buy a property, artificially inflate its value through false appraisals or improvements and then quickly sell it at the inflated price. This practice not only deceives lenders but also contributes to the distortion of property values in the real estate market.
Occupancy inaccuracies
Occupancy fraud occurs when a borrower provides inaccurate information regarding their intended use of the property. For example, claiming that a property will be a primary residence when it is actually an investment property or a second home can lead to mortgage fraud charges.
The consequences of mortgage fraud can be severe. Lenders may face financial losses, and borrowers may find themselves in legal trouble. Convictions for mortgage fraud can result in fines, imprisonment or both, depending on the severity of the offense.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=531892024-01-02T15:44:58Z2024-01-02T15:44:58ZCalifornia drug charges
California law treats drug charges seriously. This is especially true in cases involving the sale of potent drugs like Fentanyl. Drug trafficking charges may result in major fines and jail time. However, if a person who buys and takes these drugs dies, the charges could become even more severe.
The Watson murder rule allows the state to charge someone with murder, even if they did not directly cause the victim's death. The law originates from cases involving fatal drunk driving incidents. Today, the Watson murder rule also applies to some deaths linked to drugs. In August of 2023, a jury found a man guilty of second-degree murder for the drug-related death of a woman in Temecula. A conviction like this could result in a sentence of 15 years to life.
Implied malice
The operation of the Watson murder rule hinges on the concept of implied malice. Implied malice occurs when a person engages in an act that has a high probability of causing someone's death. It signifies a disregard for the value of human life. In the context of drug charges, selling substances like Fentanyl, known for their lethal potential, may constitute implied malice. This is especially true if the seller is aware of the drug's potency and the risks associated with its use.
Watson rule defense
Facing charges under the Watson murder rule in California is a gravely serious situation, often fraught with complex legal challenges. Defenses against these charges can vary based on the specifics of the case.
It may be possible to contest the direct link between the defendant's actions and the victim's death by arguing that a drug-related fatality was not foreseeable. In some cases, the defendant may have lacked sufficient knowledge about the drug's lethal nature, which challenges the role of implied malice. Likewise, mitigating circumstances or factors that reduce the defendant's role in the death could play a role in the defense strategy.
The intersection of drug charges and the Watson murder rule in California presents a complex legal scenario. Individuals dealing with these charges must grasp the seriousness of the situation and the legal principles at play.]]>On Behalf of Bird & Van Dyke, Inc. - A Professional Law Corporationhttps://www.birdandvandyke.net/?p=531872023-12-20T16:26:28Z2023-12-20T16:26:28Z1. Unlawful possession
First and foremost, it is important to understand that possession of prescription drugs without a valid prescription is against the law. Whether it is painkillers, anti-anxiety medications or other prescription drugs, having them without the proper documentation can result in criminal charges. Law enforcement takes a stern stance on unauthorized possession, viewing it as a violation of the law.
2. Illegal distribution
Another perilous path associated with prescription drugs involves their illegal distribution. When individuals share or sell their prescribed medications to others, they may find themselves facing serious criminal charges. The intent to distribute prescription drugs without the proper authorization is a crime, as it poses risks to public health and safety.
3. Doctor shopping
Some individuals, seeking more prescription drugs than medically necessary, engage in a practice known as doctor shopping. This involves visiting multiple healthcare providers to obtain additional prescriptions. Unfortunately, this behavior is not only medically risky but also legally perilous. In California, doctor shopping can lead to criminal charges, as it is an attempt to manipulate the healthcare system.
4. Driving under the influence of prescription drugs
Driving under the influence does not only pertain to alcohol. Consuming prescription drugs that impair one's ability to drive safely can also result in criminal charges. Individuals need to be aware of the potential side effects of their medications and exercise caution when operating a vehicle.
The misuse of prescription drugs can lead to serious consequences. In 2022, California law enforcement made 20,574 felony drug arrests and 130,105 misdemeanor arrests, many of which involved prescription drugs.]]>