Domestic Violence in Pennsylvania—Your Rights as a Defendant

Posted on | May 10, 2012 | No Comments

One of the most challenging criminal charges to face can be an allegation of domestic violence. In most instances, there are few or no witnesses to an alleged act of domestic violence other than the parties. As a result, an accusation of domestic abuse can mask an ulterior motive. You may be experiencing domestic problems, with divorce being considered by one or both parties. Your spouse may make allegations of domestic violence in an effort to obtain an advantage in anticipated child custody and visitation hearings. On the other hand, a charge of domestic assault may simply be a way to punish you for any number of things. If you have been charged with domestic violence, you want an experienced lawyer to protect your rights.

At the Henry Law Firm, we have more than three decades of experience defending individuals in and around the Philadelphia metro area who have been charged with a crime, such as domestic violence. Contact our office online or call us toll-free at 877-665-1900 for a free initial consultation.

Defending Yourself on a Domestic Violence Charge

Because of the seriousness with which domestic violence is viewed by law enforcement officers and prosecutors, you may be arrested and charged simply because your spouse called the police. As a general rule, when law enforcement officers come to your home on a domestic call, someone will go to jail. Because of concerns that the victim may be intimidated, police will likely not let the matter be dropped if the person making the allegations recants or says he/she does not want to press charges.

In domestic violence proceedings, because it is typically a “he said, she said” matter, it is critical to gather all potential evidence to demonstrate that there are other reasons for the allegation. Your attorney will want to know of any other instances where the alleged victim made similar accusations, as well as circumstances where the purported victim either made false statements or their credibility was compromised. This testimony can come from your personal experience, or from the observations of others.

You may also be successful in showing that your actions were motivated by reasonable concerns for your safety or the safety of others. Self-defense can be a legitimate defense to an allegation of domestic abuse.

Contact Our Experienced Criminal Defense Lawyers

For a confidential meeting with an experienced Philadelphia criminal defense attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Tax Fraud Crimes

Posted on | April 11, 2012 | No Comments

Because the tax laws are complex, IRS auditors and inspectors expect to find errors in individual and business tax returns. In most instances, the IRS will allow you to amend your return without charging you with criminal tax fraud. This blog post identifies some of the red flags that auditors look for, as well as when mistakes or misrepresentations on a tax return may rise from simple negligence to criminal fraud.

If you have been charged with a tax crime, you want an experienced lawyer to protect your interests. The attorneys at the Henry Law Firm bring more than three decades of experience to individuals in and around the Philadelphia metro area. Contact our office online or call us toll-free at 877-665-1900 for a free initial consultation.

Types of Criminal Tax Fraud

What typically distinguishes criminal tax fraud from other forms or tax errors or misrepresentations is the element of intent. The IRS will generally not seek to press charges for criminal tax fraud unless they believe they can show that you knew or should have known that representations on your tax return were false.

In most instances, the misrepresentation that leads to a tax fraud charge takes the form of an understatement of income. You may have self-employment income that you simply don’t report, or you may have income from illegal sources, such as gambling, theft or drug trafficking.

Another common method of defrauding tax authorities involves claiming exemptions or deductions that are not allowed, or overstating deductions or exemptions. This can involve a wide range of claims, from business expenses to charitable deductions or medical expenses.

The failure to file a return can also be considered tax fraud, though the IRS will typically allow you to file late returns, or may even file them for you.

What Auditors Look For

Auditors are trained to look for what are known within the profession as “badges of fraud.” Some are pretty straightforward, such as using a fake Social Security number or the SSN of a deceased person. Another trigger can be taking deductions for a spouse or children when you are single. If your business is being audited by the IRS, auditors will look for evidence that there are multiple sets of books (or maybe no books at all), or that documents have been or appear to be altered to minimize your tax liability.

Contact Our Experienced Criminal Defense Lawyers

For a confidential meeting with an experienced Philadelphia tax fraud crimes attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Online Solicitation of a Minor in Pennsylvania

Posted on | April 5, 2012 | No Comments

In today’s world, with the proliferation of the Internet and concerns about the use of cyberspace to exploit minors for sexual purposes, state and federal prosecutors and law enforcement officers take a serious approach to any contact between adults and minors online. Unfortunately, in many instances, the adult can be as much a victim as the minor. You may legitimately believe you are communicating with another adult. You may be the victim of a media sting, convicted in the court of public opinion before all the facts are known, before you ever have a chance to tell your side of the story.

If you face investigation on charges of online solicitation of a minor, you want an experienced attorney to protect your interests. At the Henry Law Firm, we have more than three decades of experience protecting the rights of individuals in and around the Philadelphia metro area. Contact our office online or call us toll-free at 877-665-1900 for a free initial consultation.

Protecting Your Constitutional Rights—Online Solicitation Charges

In their effort to demonstrate to the public that they are taking a proactive stance against online exploitation of minors, state and federal law enforcement officers will often take on the persona of a participant in an online chat, pretending to be a minor seeking to have sex with an adult. In many instances, the police officer will initiate a discussion of sex, offering up what appears to be a harmless question or comment about sex. If you are an adult and you respond with further questions or comments, you may become the subject of an investigation. If you suggest a meeting, you can probably expect a high likelihood that police will be waiting when you get there.

The Constitutionality of Luring You through Online Chat Rooms

Though sting operations have been sanctioned by the courts for many years, police must still walk a fine line between responding to a prior criminal intent and actually creating the intent. When a law enforcement officer poses as a minor, he or she must not engage in activity that initiates the discussion of sex or any attempts to meet. Anything that can be construed as an effort by police to start a discussion of sex or of meeting may be illegal entrapment.

Furthermore, if an actual meeting is set up, there are defenses that can be raised to assert your innocence. Did you have condoms or other sexual items with you? Were you arrested within a reasonable distance of the specified meeting location?

Contact Our Experienced Criminal Defense Lawyers

For a confidential meeting with an experienced Philadelphia criminal defense attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Types of Weapons Violations

Posted on | February 14, 2012 | No Comments

State and federal statutes govern the use, possession and sale of weapons. This blog post identifies the common types of weapons violations that you can be charged with. If you are under investigation for or have been charged with violating a gun or weapons law, you want an experienced and aggressive criminal defense lawyer to protect your interests.

Examples of Common Weapons Offenses

• Carrying a concealed weapon in violation of the law—There is no federal law governing concealed weapon permits, but 49 states allow citizens to carry a concealed weapon, customarily with a permit. Only Illinois prohibits the carrying of a concealed weapon. Four states—Alaska, Arizona, Vermont and Wyoming—do not require a permit.
• Illegal sale of weapons—This may include selling stolen weapons, selling weapons without proper documentation, selling a weapon to a known felon, or selling weapons that are illegal in certain states, such as assault weapons where prohibited. Federal law allows the sale of weapons between private individuals living in the same state, as long as the purchaser is at least 18 years of age.
• Possession of an altered weapon, such as a sawed-off shotgun
• Possession of a firearm by a convicted felon—As a general rule, once you have been convicted of a felony, you may not purchase or possess a gun.
• Unlawful discharge of a firearm
• Use of a weapon in the commission of another crime

Whether you have been charged with a weapons crime, or are merely under investigation, you need to take specific steps to protect your constitutional rights.

First, don’t talk to anyone without your attorney present. You have the right to remain silent—exercise it! Though you are innocent until proven guilty, police will focus more intently on finding evidence to convict than on proof of your innocence.

Additionally, don’t let law enforcement officers into your home without a warrant. They may say that they simply “have a few questions.” However, if they see anything that gives them probable cause to suspect that a crime has been committed, they can search your home without a warrant. You have the right to say no.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.



Types of Federal Drug Crimes

Posted on | February 10, 2012 | No Comments

If you have been charged with a federal drug crime, you want an experienced and knowledgeable lawyer to protect your rights. Under federal law, in addition to fines and incarceration, you may face forfeiture proceedings, where the federal government will seek to take any property believed to be obtained with drug money.

What Makes a Drug Crime a Federal Offense

All states have laws governing the possession, sale or trafficking, and manufacturing or cultivation of controlled substances. How does a drug crime become a federal offense, putting you in the jurisdiction of the federal courts? There are a number of ways.

Congress enacted the Comprehensive Drug Abuse Prevention and Control Act in 1970, identifying the types of substances that are illegal, as well as specific acts. This includes trafficking, manufacturing and conspiracy, as well as participating in a criminal drug enterprise (where you act in concert with at least 5 other people), and the distribution of illegal drugs in a school zone or on a playground. The laws are fairly similar to state laws, but generally carry stiffer penalties.

One way that you can be charged with a drug offense in the federal courts is to be arrested by a federal law enforcement officer. The most obvious example of this is an arrest by Drug Enforcement Agency (DEA) officers. However, you can also face prosecution in the federal courts if you are caught using illegal drugs on federal property, such as a federal park or national monument.

You can also end up in the federal criminal justice system if somebody informs on you. The federal law imposes severe mandatory minimum sentences, even for possession. However, a party facing a federal drug charge can often get a reduced sentence by naming others who have violated the law. Furthermore, you can end up in the federal courts simply through the decisions or agreement of state and federal prosecutors, who may make a decision that it will be easier to prosecute you in the federal court, or that there is a likelihood of a greater sentence if you are prosecuted in the federal court.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Gun Laws in the United States

Posted on | February 8, 2012 | No Comments

In the United States, the use, possession and sale of firearms is regulated by both federal and state law. The state laws are, for the most part, comparable, and many states have reciprocity agreements with other jurisdictions, so that gun owners visiting a state must customarily comply with the laws of that state. This blog article identifies the basic types of federal and state gun laws.

Federal Firearms Laws

All legislation regulating guns is limited by the 2nd Amendment to the U.S. Constitution, which establishes the right to bear arms. Nonetheless, a wide range of statutes have been passed exerting some control on the sale, use, possession, transfer or manufacture of firearms.

Some laws govern who may own firearms. For example, the Brady Handgun Violence Prevention Act makes it illegal for people falling into a wide range of categories to own or possess a gun, including:

• Illegal aliens or anyone who has denounced their American citizenship
• Anyone convicted of felonies (and certain misdemeanors)
• Fugitives from justice
• Anyone unlawfully using certain controlled substances

Under federal law, the sale of a firearm must be documented by the completion and filing of federal form 4473. The sale of a gun without documentation is a violation of the law.

Federal law does not prohibit the carrying of firearms for protection, except in certain “gun-free” zones, which include schools. Under the provisions of the federal Gun Free School Zone Act of 1990, a person cannot carry a firearm within 1,000 feet of the property line of an elementary, junior high or high school in the country. A person may carry a firearm for protection in all states except Illinois and the District of Columbia. Thirty one states do not have any licensing requirements whatsoever for the carrying of a gun.

In 1994, the federal government enacted a ban on the use of what are considered to be assault weapons. The ban had a 10 year life, and expired in September, 2004. It has not been renewed despite multiple attempts. Some states and local jurisdictions, such as California and Denver, have their own assault weapon bans.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Types of White Collar Crimes

Posted on | February 7, 2012 | No Comments

The term “white collar crime” has been used in reference to a broad range of illegal acts. This blog article identifies the common types of white collar crimes. If you are under investigation for one of these offenses, or have been arrested and charged with a white collar crime, you want to immediately contact an experienced criminal defense lawyer.

Common Types of White Collar Crimes

The term “white collar crime” is relatively recent in the history of criminal law, coined in the early 20^th century to describe “a crime committed by a person of respectability and high social status in the course of his occupation.”  The most prevalent form of white collar crime is fraud. Under the law, fraud is characteristically defined as an intentional act. It involves the knowing or intentional misrepresentation of a material fact, which is relied on by another party, resulting in monetary loss. Fraud can take a variety of forms, such as:

• Bank fraud, where you make misrepresentations to unlawfully obtain funds from a bank or lending institution
• Mortgage fraud, where you make false statements in order to secure a mortgage
• Credit card fraud, which can be the unauthorized use of someone else’s credit card to obtain goods or services, or the use of false information to obtain a credit card
• Health care fraud, where an unlicensed health care provider offers services and obtains a monetary benefit by falsely alleging that they have proper licenses
• Insurance fraud, where you make false statements to obtain insurance benefits

Another common type of white collar crime involves taking money, goods or services from an employer without permission. This may take the form of embezzlement, where a person entrusted with money or property takes it for his or her own benefit. It may also include filing false expense reports or billing sheets, or otherwise obtaining value from an employer under false pretenses. Often, in embezzlement schemes, a person may engage in forgery, another typical white collar crime. This may involve the forgery of a signature, or the falsification of any other type of document for personal gain.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Internet Child Pornography

Posted on | October 7, 2011 | No Comments

Simply learning that you are under investigation for violation of child pornography laws using the Internet can be frightening, and can wreak havoc with your life. Police may show up at your door with a warrant, and walk out with your hard drive. You may have no opportunity to back up any critical files, and you may not see your computer for months.

If you have been charged with an Internet-related child pornography offense, the situation will get far worse. Often, you will be tried and convicted in the court of public opinion before you have any chance to tell your side of the story. Even if you are eventually acquitted, the damage may already be done. It is critical, whether you think or know that you may be a target of an investigation, or you have been formally charged, that you contact an aggressive, experienced and knowledgeable lawyer as soon as possible.

The child pornography laws allow you to be prosecuted for a wide range of offenses, including possession, creation, purchase, sale or dissemination of illegal images of minors. The Internet can be a dangerous place to view or obtain sexually explicit pictures. You may have no way of knowing whether the individuals in the pictures or videos are of legal age. You may visit a site believing that it is a legitimate adult site, only to learn that you are either a suspect or a defendant in a child porn investigation.

If you suspect that you are under investigation, you should immediately exercise your right to remain silent. You don’t have to talk with police, regardless what they tell you, whether they threaten you, or even tell you they are “just trying to clear this matter up.” If you have critical information on your computer, you should always keep a backup copy. If police show up at your door, don’t let them in without a warrant. Even if they just come in to “talk,” they may see something that they believe gives them probable cause to conduct a search.

You should also resist the urge to take matters into your own hands and try to set the record straight. The police will always give you the opportunity to do so, but will often use what you have said against you in a prosecution. An experienced attorney who knows the details of your case can help you minimize the risk that you will make statements that tend to incriminate you.

Our Experienced Internet Child Pornography Attorneys

Our lawyers have more than 35 years of combined criminal defense experience, and have defended people charged with Internet child pornography. For skilled and effective advocacy from an experienced criminal defense lawyer, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Assault with a Deadly Weapon

Posted on | October 7, 2011 | No Comments

If you have been charged with assault, the consequences can be severe. When the assault involves a deadly weapon, such as a firearm, the sanctions will likely be far more serious. If you are charged with a weapons offense in connection with a federal crime, a conviction will probably result in mandatory prison sentence or additional time added to your incarceration.

If you have been notified that you are a suspect in an investigation for assault with a deadly weapon, or you have been arrested for such an offense, there are specific guidelines you want to follow to protect your constitutional rights:

• Ask for a lawyer immediately, or call your attorney (if you are only under investigation)—Even if you have been detained, you have a right to have an attorney present.
• Don’t talk with police, prosecutors, other prisoners or anyone at the police station—Anything you say may be used against you in court. Don’t fool yourself into believing that you can clear up any misunderstanding by talking your way out of a charge. The police may even seem cooperative and understanding, but are always on the lookout for any information that can be used by the prosecution.
• Don’t let police in your home without a warrant—If the police come to your door and ask to come in, you have the right to say no, unless they have a valid warrant. They may say that they “just want to talk,” but if they view anything that they believe gives them probable cause, they may conduct a search.

The crime of assault with a deadly weapon causing bodily injury is a Felony 2 in Pennsylvania. A deadly weapon can include a broad range of implements, including a knife, a baseball bat or club, a motor vehicle, or almost any blunt object that can cause bodily harm. If convicted, you could face up to 10 years in prison. In addition, as a convicted felon, you will lose certain basic rights, including the right to vote and the right to own or possess a firearm when you are released from prison.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Complex Litigation

Posted on | September 9, 2011 | No Comments

When you are involved in complex civil litigation, including the defense of personal injury claims or other insurance defense matters, it is critical that you have experienced legal counsel. Complex litigation requires extensive preparation and attention to detail. Your attorneys will need to be thorough and meticulous at all stages of the process, from the investigation of the facts and circumstances of your case to the review of documents to the deposition of witnesses.

Complex litigation may include any of a number of factors, each of which can make the process time-consuming and difficult to manage. You may have:

• Multiple interrelated issues, including breach of contract, fraud, misrepresentation and unfair trade practices
• Strict time constraints
• The review and analysis of substantial quantities of information
• A large number of potential witnesses
• Issues that must be addressed and explained by an expert witness
• Highly technical issues

Complex litigation may take the form of a class action, involving hundreds or thousands of potential claimants.

In complex litigation, many claims are settled before trial. Complex cases in state, federal or administrative courts customarily include considerable pre-trial discovery (where the parties gather all evidence), as well as an extensive motion practice. Your attorney may need to gather, review and evaluate a large number of documents. Evidentiary issues critical to a case may be addressed in pre-trial motions. Your lawyer must have skill and experience in a motion practice, with a strong understanding of rules of evidence, as well as rules of civil procedure.

Complex civil litigation may involve months of discovery, including depositions of many witnesses. Your attorney will need to be highly organized in order to determine what is important and what is not, and to synthesize a vast amount of information into a compelling and persuasive argument.

Our Experienced Complex Litigation Attorneys

Our lawyers have more than 35 years of combined experience handling complex litigation. For skilled and effective advocacy in a difficult civil matter, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.