Embezzlement is the stealing of property that has been handed over to an individual by someone else, based on trust.

Embezzlement is often seen in work environments, such as when an employer entrusts an employee to funds or property. It isn’t limited to these scenarios alone, and it should also be noted that embezzlement is directly related to the crime of theft.

Determining Factors of Embezzlement:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Embezzlement is no different, and these factors include:

• The offender secured a good trust with the victim

• The offender was therefore entrusted a property based on this trust
• The offender intentionally took possession of the property for self-gain

Penalties for Embezzlement

The penalties for embezzlement are mainly weighed by the value of the property. Fines will vary based on the state. However, most classifications of embezzlement are grouped into:

• Petty Theft
• Grand Theft

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of Embezzlement.

Embezzlement can entail both tangible items such as equipment, a laptop; or intangible property such as access to money or funds.

A false accusation of embezzlement can lead to felony offenses. That’s why it’s extremely important to contact a seasoned criminal defense lawyer if you find yourself facing these charges.

Other related crimes include fraud, identity theft, perjury, larceny, conspiracy and more. Embezzlement is also considered to be a white collar crime.

Legal defenses for embezzlement include that:

• The defendant acted in good faith
• The defendant was falsely accused
• The defendant did not have the intent to steal

A good example of this defense is when Mark for instance, who has long worked with company X is entrusted with a  credit card for company business. Mark then uses the credit card for use he thought was business related, but was not authorized to. The company may or may not charge Mark for embezzling company property.

This is precisely why if you happen to be innocent, an expert criminal defense  lawyer is needed to defend against these false accusations.

Even though many have been concerned about the recent increase in crime organized via Facebook, twitter, and other social media that allows people to organize, those networks can also be used by the law enforcement and investigators trying to keep tabs on criminal activity. When put in the hands of people who are interested in doing harm, the potential to use social networks for crime increases exponentially, but when utilized to the maximum extent possible by preventative organizations, social media can be of great benefit in alerting the forces of justice, spreading the word about a tip, and monitoring criminal Facebook rings. There have been some notable instances of social media used by police and other agencies to catch criminals before they commit the crime.

How Many Friends do you Have?

Some of the ways that law enforcement agents are using to catch criminals through social networks are not nearly as subversive as one might initially suspect. In some instances, law enforcement agents simply as to be “friends” on Facebook or follow someone on Twitter. It’s as simple as that in some cases as some criminals have been less that discrete about their crimes. Some have even bragged about their crimes, making the police’s job as simple as tracking them down.

In some instances, the criminals help out in this regard as well, by leaving their geo-location identification tools engaged.

Communicating with the Public

Some police departments have also created Facebook pages, which they use to socialize photos and other information to a large audience. The response to this publicity has been significant in some instances, leading to numerous tips and responses from the public Facebook followers who have a better idea of who that person is. One notable example of this type of tactic occurred in the Cherry Hill police district, where officers have posted the photos of shoplifters from retail stores on their Facebook page and are getting a huge response from the public. Even though the Facebook group route might not be the best option for all law enforcement agencies, with the boom in numbers of Facebook users, this possibility can really help the justice forces expand their outreach when searching for possible suspects.

The New York Police Department has also been shown to use Facebook, twitter, and other social media to catch criminals. Apparently, since many criminals are well known to the NYPD, and also involved in other crimes as well, the police department simply has to browse through the social media sites to find some interesting information that may be relevant to an open case. Even though the sites have privacy settings, the police still find out what is going on. This is the thing about social media- for better or worse, if you are a heavy user, you do leave an “online footprint.”

Concerns over Privacy

To some, the use of social media information to catch criminals is a “no brainer”; others are concerned about infringement on privacy. While some of the examples cited above seem relatively straightforward, there are fringe activities that raise the concerns of privacy advocates.

The United States Supreme Court has already weighed in to the fray in one regard, ruling that the Federal Bureau of Investigation should stop the use of GPS information for surveillance without a warrant. While this doesn’t address the use of social media outlets, one can only presume that the legal battle is coming, if it hasn’t already arrived.

Others Following the Debate

In addition to law enforcement agencies and social media users, other interested parties are closely following the debate. Private detectives, debt collectors and bail bonds agents are closely following the debate.

Marijuana, or cannabis, is currently a hot topic in today’s society. However, regardless of personal opinions it remains illegal in many areas, including the majority of the United States of America. For this reason, having marijuana is often a gamble that can lead to severe consequences. This article will discuss the issues of marijuana possession in short, and some of the outcomes that you could face.

Marijuana, like many other drugs, causes short-term effects that can change the way you act and react in various situations. Your reaction time, for example, can be slowed down which can make tasks like driving dangerous. Another danger is that the chemical referred to commonly as ‘THC’ can remain in the blood stream and even in your hair for a long period of time. Proof of recent marijuana use has resulted in many individuals losing their jobs, and in some instances, facing jail time.

Those who have marijuana possession charges often shoulder steep fines, time behind bars, and the costs of court proceedings as well as things like probation and routine drug testing. Depending on your case, you may only be charged with possession, or you could face intent to distribute charges. Charges can vary depending on the circumstances where in one case possession could be a misdemeanor, while in another it might be a felony.

No matter what the charges are, if you are found guilty and are convicted of marijuana possession, that is something that can be placed on your criminal record. Countless individuals have struggled to find a good job, acquire a travel visa, or secure their footing in impressive social groups because of a past charge involving something like cannabis. In the end it’s all a question of what you’d be willing to sacrifice in order to carry or use this substance.

Marijuana may be a topic that is up for debate, but until it is officially legalized, you should carefully consider if possessing this drug is worth the potential risks. Most legal experts or Arizona drug lawyers agree that even medicinal marijuana users should be wary and keep in mind that state and federal laws may not always coincide and it is good to know if an area that you are traveling to upholds tolerance for medicinal use or not. Carefully weighing the risks and doing some research about marijuana possession could save you a lot of heartache in the future.

Post is from the Law Offices of David Michael Cantor a Phoenix Criminal Lawyer in Arizona.

Is Arizona Rule 32 the same as a PCR petition? How can you qualify for Rule 32? Is there a certain time that you should use it? Arizona rule 32 is an often misunderstood legal tactic that will be explained below.

In many criminal court cases, it is pretty common for a defendant to appeal a conviction. If the appeal is denied then the defendant has the ability to file a Rule 32. In Arizona a rule 32 is the same thing as a Post Conviction Relief (PCR) petition.

The most common way that Arizona Rule 32 is used is when the defendant feels that their legal counsel in their case was largely ineffective. If you can prove to the court that the outcome of the trial would have been different if you had different legal counsel then they may accept your rule 32 submission. More often than not, actual evidence is needed to strengthen and support your claim.

Another very common reason for filing a rule 32 is that there was some kind of error made during the court proceedings. For example, if an error occurred during the sentencing, you would most likely re-do that portion of the trial to correct that error, if possible.

If you have attempted to appeal a conviction and that was denied, remember Rule 32. If you’ve gone through the court proceedings and feel that there was an error made in your defense, you can utilize rule 32 to your benefit. Beginning the process can be done by doing your own internet research. I would also recommend hiring a qualified Rule 32 lawyer. In Arizona the rule 32 cases usually involve a lot of writing on the attorney’s part. First, ask if your prospective law firm does the Rule 32 cases. Because of the writing involved, many firms will refer you to a firm that specializes in these types of cases.

This Blog is from the Law Offices of David Michael Cantor a Phoenix Criminal Lawyer in Arizona.

While this article focuses on paralegal positions in the United States, paralegal positions are in great demand in any first-world society. Be sure to check with your local jurisdiction for specifics that pertain to your situation.

The global recession has left millions of individuals wondering where there jobs went. Most have realized that those positions aren’t coming back. It has also left millions of individuals just entering the workforce (or about to enter the workforce) confused about their career alternatives. At the same time, college tuition is increasing, significantly outpacing inflation. In this uncertain environment, whether you have twenty years’ worth of experience under your belt or you’re taking on your first (of many) thousand dollars of educational debt, you would be well served to consider a job as a paralegal.

Many high school students do not hear about this choice from their counselors, and many people who are already in college do not realize that they can shift their focus from their current major to paralegal studies at many public universities.

Why?

Not only do paralegals have an outstanding job outlook currently, but there is often less education and certification required to become a high earning paralegal than there is for many other career paths. According to the Bureau of Labor Statistics, in the United States, an average starting income for a paralegal is in the $40,000’s per year. This is higher than the average income for teachers, social workers, and many other career options and that’s just the starting salaries

Successful paralegals can earn well into six-figure territory, though that level of success doesn’t come easily. It generally requires specialization in a profitable legal niche and a lot of hard work. However, the opportunity for paralegals, which is all that one can really ask for. Not only do paralegals earn quite a bit of money, but they are also afforded the opportunity at a relatively less-expensive education (for instance, when compared to a teacher with a Masters of Arts).

Great Return on your Educational Expenses

Most technical colleges and community colleges offer courses for paralegal associate degrees. This being said, there is an increasing demand, and higher pay, for paralegals who pursue a four year degree in paralegal studies. However, many certification programs, and even some paralegal degree programs are offered online, which is often less expensive than going to a traditional college. In other words, for the amount of earning potential and employment rate of a paralegal as compared to the cost of education for paralegals currently, this career is one of the best deals around.

Intellectually Rewarding

The financial rewards and incentives are significant for paralegals, but beyond that, a career as a paralegal is intellectually challenging and mentally rewarding. There are few people who can read a legal text and understand its meaning, or dig through archives for hours on end searching for the single detail that can make or break a case; paralegals are paid to do just that. So, even though becoming a paralegal often requires minimal education for hire, this career path is not for people lacking in mental acumen or work ethic.

Sunshine and Roses

Being a paralegal is not all roses, but no high-paying career is. Like any area of work, succeeding in a career as a paralegal requires hard work and dedication. While the time in the classroom may be less than that required for some other professional positions; it is offset by time in the field, in a real-life work situation learning the ropes. In addition, paralegals have continuing education requirements; but so do most professional positions, from accountants to teachers. While continuing education generally isn’t free (some employers pay for it as part of employee investment), it also provides paralegals with an opportunity to stay up to date on the latest legal trends and to identify future employment or career opportunities.

Demand

The reason salaries are high is that demand is as well. As our society has become increasingly litigious, the demand for paralegals has grown. From patent law to criminal law, legal proceedings are on the rise. According to the same Bureau of Labor Statistics report cited above, demand for paralegals is expected to be 8% from the period 2010 to 2020, which is 4% higher than the average demand for all other occupations.

Paralegals are at the center of any successful attorney’s practice and in any strategy for leveraging that attorney (or team of attorneys). A paralegal who demonstrates their worth is in great demand as it enables an attorney to do more for less. That added profit margin often results in an increased salary for the contributing paralegal. It’s a team effort and good attorneys recognize that. If they don’t, good paralegals are easily able to find employment elsewhere.

While a career as a paralegal isn’t for everyone it is certainly worth considering. Many of the unemployed claim that they “just want to work.” Why settle? As a paralegal, you may very well find a rewarding, well-paying career with more opportunity than you can shake a stick at.

Thursday, the 5^th of April, 2012 Wisconsin Governor Scott Walker signed a bill which eliminates the statute of limitations on violent crimes in the state.  The bill, called The Justice for Survivors Act, was signed at a domestic violence shelter, lifting the spirits of attending victims of violent crimes.

The act was inspired by a criminal case in Appleton which took place over ten years ago.  A 23-year old woman was viciously attacked and stabbed more than 20 times, left for dead, in Appleton’s Hoover Park where she was taking a walk.  The woman survived, but was not at the signing of the bill.  Her assailant was never found, and because the statute of limitations that was in existence had run out, will never be prosecuted.

The sponsor of the Justice for Survivors Act is Kaukauna Republican Representative Jim Steineke.  He commented about how the perseverance and survival instincts of those who have been through such ordeals inspired him to pursue the bill.

Originally, statutes of limitation were conceived to aid in prosecutions where the witnesses memories were no longer reliable after years had passed, and could not be counted on to accurately recall turns of events or particulars about subjects involved.  According to the Governor, modern technology has made that irrelevant.  With modern DNA evidence collection techniques, advances in forensics and training of crime scene professionals, it’s much easier to collect evidence and interpret it accurately, even if years have passed since an incident took place.  Old evidence can be re-evaluated and re-tested according to more modern methods, allowing prosecutors to be sure about their cases and to ensure a higher commitment to justice.

Wisconsin State Attorney General J.B. Van Hollen indicated that there would be other steps to help bring justice to victims of violent crimes.  This bill paves the way for other measures to be taken to ensure that their cause is not lost.

Another bill signed on the same day would make the penalties for attempting certain violent crimes, notably certain child sex crimes, the same as if the actual crime had been committed successfully.  Additionally, they voted to allow hearsay at preliminary hearings in some instances, in order to protect victims from having to attend multiple hearings.

Will this affect other states as well? Already there are a number of states which have enacted similar laws.  There are even four states that have no statute of limitations on any crimes: Kentucky, South Carolina, West Virginia, and Wyoming.  Will other states move to adopt similar practices?   Alaska, New York, and California also have no statute of limitations for certain violent crimes (in New York for murder one, in California for any crime which could be punishable by the death penalty).

Like the government of Wisconsin, other states are realizing that modern crime fighting techniques have drastically improved in the last ten to fifteen years, allowing a much more effective and reliable strategy to emerge.  Fewer mistakes are made, and modern DNA practices allow prosecutors in many cases to determine with absolute certainty who the perpetrators of violent crimes are.

Victims of violent crimes may finally see some of their hopes realized, as those who have offended them may finally be able to be brought to justice, without worry of the passage of years confusing matters.

About the Author

This article was written by Tyler Cook for www.DUIMike.com, a Nashville DUI attorney and Tennessee DUI Defense Center that serves DUI legal needs throughout Tennessee.

It happens to the best of us, making mistakes, drinking while driving and unfortunately, having run ins with the law.

For sure, a DUI arrest can come with many unwanted consequences. This arrest will make its way on your criminal record and follow:

• A less than favorable chance at employment
• Restrictions when travelling abroad
• An inability to enroll in certain organizations
• Higher insurance payments

These records are also made public.

So what can you do? If you’re not a repeat DUI offender, and some amount of time has passed since your arrest, a DUI lawyer can help to expunge your record.

More About DUI Expungements

A DUI Expungement acts like an eraser to your criminal record. Sounds like heaven after all the trouble? It is!

Here’s how the process works:

• A reason for requesting expungement will need to be submitted
• The expungement paperwork has to be filed in a proper manner. This means either you or your lawyer gathering pertinent information and forms. You will need to note the date, time and reasons for your arrest.You or your lawyer will need two forms:

• Petition for Expungement of Police
• A General Waiver or Release

These are both available at county offices, or DUI lawyers will most likely have them on hand.

Additional Things to Consider:

A DUI expungement request is invalid, or you’re ineligible if:

• There was a traffic accident or manslaughter incident
• Driving under the influence caused significant property damage
• The DUI offender has a felony on their record

The expungement process takes time and effort,  but the benefits of a clear record are certainly worth it.  It’s important to note that even if a DUI record has been expunged and you repeat the offense, it can be brought up in court – again – to argue your case, fines and penalties.

Remember, the best way to avoid arrests for DUI is to not drive while being drunk; and the best way to deal with a DUI arrest is with an experienced DUI lawyer.

Other benefits of a DUI expungement is that other criminal offenses, warrants or reports can be erased in the process.

Below is a guest US law blog post regarding online gambling in the US.

For many years, the brick and mortar gambling community has considered online gambling to be a huge threat to their livelihood. They were concerned enough about people staying home to gamble rather than visiting the casinos that they actually lobbied to prevent online gambling from becoming legal. Their efforts paid off, in that many states still have online gambling slated as illegal activity.

Europe, who has a very rapid growth of internet gambling, as well as achieving a very nice profit from it, is seeing no real ill effects. In addition, a recent memo from the United States Department of Justice which states that the Federal Wire Act provides for online sports betting being illegal in the United States is beginning to change a few minds, as well as turn a few heads.

The DOJ Memo

The US Dept of Justice made a memo public which offers that “interstate transmissions of wire communications that do not relate to a ‘sporting event of contest’ fall outside the reach of the Wire Act.”

This was done in response to queries from the states of Illinois and New York about the sale of lottery tickets online. The memo, seen here, provides the opinion that the Wire Act applies only to sports betting.

Congress has been called on in the past (most notably in March of 2011) to craft legislation which will permit states to regulate online poker, to license it, and to put into play methods to ensure that players in these online games are not being cheated.

Nevada-First On Board

In December, the Nevada Gaming Commission adopted rules which would permit various companies to apply to receive a license that allowed them to operate online poker websites. The online poker lowdown is that Caesars Palace–Caesars Entertainment has applied for the online gaming license which is projected to be approved by June of this year, but other companies as well, including Boyd Gaming, Cantor Gaming, International Game Technology, and Bally Technologies have applied for these licenses.

The only real issue seems to be the legislation which would affect the online gaming. If multiple sets of rules are in play, each enacted by the states rather than a federal mandate, the resultant cacaphony of laws and rules for ages, methods, and other kinds of issues could make (according to Caesars Entertainment and others)”patchwork set of regulations that is confusing to customers and law enforcement.”

So What’s the Online Poker Lowdown?

If everything goes according to plan, many states will have legal online poker sites in the very near future. Legalities will vary from state to state, while the United States permits state by state regulation and considers the impact of federal legislation to regulate –and to profit from—online gaming.

Among the states who are now considering legalizing online gambling and poker, and who are looking into the ways they could benefit from it are New Jersey, Iowa, Illinois, and California.

The mobile phone today is a full-fledged communication device. Mobile phones can help the attorney keep in touch with clients and colleagues and ensure that they are accessible at all times.

Go Smart

According to ABA’s 2011 Legal Technology Survey about 88% of attorneys use a smart phone for job related tasks when they are out of office. Smart phones offer numerous features such as ease of internet access, ease of email usage and possible integration with the firm’s Legal case management software. So first level of decision in selecting a mobile device for attorneys is clear – it has to be a smart phone.

How to Select a Smart Phone for Attorneys

Selecting the right smart phone for attorneys would depend on the needs of the individual attorney. Does he need the phone solely for surfing the net and reading quick updates or will he use the phone for accessing emails and responding to them. Some may use the smart phone for opening and reading documents in the email.

Currently the market is dominated by a handful of smart phone providers and each mobile phone platform has unique features. Selecting a mobile device for an attorney is essentially choosing the smart phone platform that has features supporting his specific needs.

An Overview of the Various Smart Phone Platforms

• Blackberry RIM Platform

The Blackberry has a tradional business image and features to match. This is the best platform for superior email accessibility and is compatible with Microsoft Outlook, the familiar system in your law firm

• iOS platform

This platform is represented by the ipad and the iphone. Though basic email features are available in both devices, they are more suitable for surfing the internet as they offer high speed navigation. Such a device may be ideal for paralegals as their work involves considerable online research. iOS devices do not support Word and other Office apps and cannot be integrated with Outlook. The iOS platform has some really good apps for lawyers, that you can consider.

• Microsoft 7

A feature rich platform, it has a number of features useful for business users including quick email access. It supports all Office apps (naturally) and it can be completely integrated with Outlook.

The Basic Mobile Phone Features Necessary for Attorneys

• Connectivity

Ensures that attorneys are accessible at all times.

• Email Access

Enables attorneys to check emails instantly even when out of office and respond at once.  Communication by email is a great time saver (as compared to telephone calls) and increases efficiency, which is of the essence in law firms.

•  Calendar Integration

Enables attorneys to keep track of schedules and makes changes as required even when they are not in office.

• Case Management Software Integration

A smart phone that supports such integration is clearly the best mobile device for attorneys. It ensures that attorneys can view and update client fields on the go. The Legal case management software integration also ensures easier across the board collaboration increasing overall efficiency and thus business for your law firm.

Below is a guest post by Nadia Jones who blogs at online college about education, college, student, teacher, money saving, movie related topics. You can reach her at nadia.jones5 @ gmail.com.

The Regulation of Legal Process Outsourcing

The public opinion of the Legal Process Outsourcing (LPO) industry has been a prevalent topic of discussion for several years now. With more and more United States law firms outsourcing their back office and legal work to LPO firms overseas, debates about the advantages and disadvantages of the process have continued. Even so, with plenty of people condemning LPO practices for poor ethics and loss of jobs in the United States, the industry has continued to grow steadily. In light of the continued growth of LPO firms, organizations worldwide are looking into better regulation of the outsourcing process. As reported recently, the Solicitors Regulation Authority (SRA) in London is planning to keep a check on the outsourcing done by major law firms in England and Wales.

For a little background, the biggest basic advantage LPO firms and corporations have to offer is saving money. For example, American law firms outsourcing their legal work to firms in India, the Philippines, Latin America, etc. are able to save a considerable amount of money on legal staff. While an attorney in the U.S. may charge a significant fee for performing legal services, an LPO firm overseas often charges a fraction of this cost. On the flip side of this, because U.S. law firms can get the same quality work (or better) for a cheaper price overseas, American law firms have cut back significantly on the amount of people on their staff. With the current economic climate in the United States and the unemployment rate sky rocketing, many U.S. law firms that outsource their work have come under fire. Furthermore, one of the other major concerns with legal outsourcing is the potential for breach of client confidentiality. It is this confidentiality infringement threat that has spurred action from regulating organizations such as the SRA.

In a new Code of Conduct published in the last year, the SRA establishes guidelines concerning outsourcing review. The SRA expects firms to look at all existing outsourcing contracts. In effect, law firms may have to renegotiate their outsourcing arrangements and allow access to outsourcers’ premises for regulatory checks. The SRA has come under attack by many major law firms for their attempts to regulate the system. Many major names from law firms affected by this change site that the SRA’s guidelines are intrusive, unclear, and in need of revision. While regulation in this sector of law and business is no doubt necessary, the law firm’s complaints are not unwarranted. The SRA is an organization that has authority over only England and Wales. Therefore, by asking for information about a third party associate that is located outside of these countries, the SRA is overstepping its boundaries.

With legal process outsourcing growing ever more prevalent throughout the legal world, it is clear that some sort of regulation must take place in the industry. While it remains unclear how the SRA expects to regulate LPOs in India and other countries around the world, it is obvious that some sort of regulation will eventually take place. The SRA maintains that it will not be changing the guidelines of the Code of Conduct. As the controversy over LPO regulation continues, it has become easy to criticize the law firms or the SRA, but is this not missing the point? The question should not be what’s in it for the law firm, but rather, what is in it for the client. Regulation is a good thing; it’s just time to figure out the right path for regulation in this sector of law and business.

Author Bio:

This is a guest post by Nadia Jones who blogs at online college about education, college, student, teacher, money saving, movie related topics. You can reach her at nadia.jones5 @ gmail.com.