Grand Theft Auto

Posted on | September 9, 2011 | No Comments

Every year in the United States, more than a million automobiles are stolen. The arrest rate, though, for grand theft auto, is slightly more than 10%. As a result, when prosecutors get a grand theft auto case, they tend to take a very aggressive posture. You will want to hire an experienced and knowledgeable attorney, someone who will stand strong against the tactics of police and prosecutors.

If you are under investigation for or have been charged with grand theft auto, there are steps you can take to protect your rights. You want an experienced lawyer at your side at all times, so that you don’t unwittingly make statements detrimental to your defense. The consequences of a conviction for grand theft auto can be severe. Take the right measures to safeguard your constitutional rights.

Exercise Your Rights

Most people know that, under the U.S. Constitution, you have the right to remain silent when questioned by police. Unfortunately, many people do not follow that admonition. You may think you can convince the police or prosecutors of your innocence. You may erroneously believe that remaining silent is tantamount to an admission of guilt. The framers of the Constitution put these safeguards in place for a reason. Exercise your rights.

In addition to the right to remain silent, you have a right, under the 4^th Amendment, to be free from unreasonable search or seizure. Law enforcement officers must generally have probable cause to search your home, vehicle or person, unless they view you committing an illegal act.

The unfortunate reality is that prosecutors and police often cut corners in their efforts to get a conviction or guilty plea. Don’t give in and throw yourself on the mercy of the court without talking to an experienced attorney.

Preserve All Evidence to Support Your Innocence

Whether you have been charged or are just under investigation, you should provide your attorney with all information that will support any type of defense, such as mistaken identity, consent, or even a credible alibi. Don’t talk to anyone other than your lawyer about your case. Police may interrogate anyone you talk to and you may compromise the testimony of favorable witnesses.

Experienced Criminal Defense Attorneys

Our lawyers have more than 35 years of combined experience handling criminal matters, including grand theft auto. For skilled and aggressive representation if you have been charged with stealing a car, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Mail Fraud

Posted on | August 1, 2011 | No Comments

Did you know that you can be charged with mail fraud even if you don’t use the U.S. mail to commit a fraudulent act? The law allows you to be charged if you simply use a mail carrier to commit fraud.  Under the federal statute, you can be prosecuted for mail fraud if you devise and carry out a scheme to obtain money or property under false pretenses, including untrue assertions or promises. The law covers all transactions involving placement of materials in the mail, as well as with any interstate carrier. This can include the forwarding of intentionally false information on checks, contracts, applications for credit and other similar documents.

The punishment for conviction on mail fraud charges can be severe, including significant fines and up to 20 years in prison. All mail fraud charges are federal offenses. Many other types of fraud, such as bank, mortgage, credit card, bankruptcy, health care and securities fraud, can also lead to charges of mail fraud, if any part of the scheme included use of the U.S. mail.

Because mail fraud is often complex, these cases demand experienced counsel. Your attorney will need to have a strong understanding of the types of claims under the law, and the ways that federal prosecutors will seek to prove illegal conduct.

Your Rights When Charged with Mail Fraud

Under the U.S. Constitution, any time you are under investigation for or charged with a crime, you have specific rights. You don’t have to talk with a police officer or with a prosecutor without having your lawyer present. You don’t have to allow police or law enforcement officers to search your home, vehicle or other property without probable cause. You have a right to know the charges against you and to confront your accuser.

Our Experienced Mail Fraud Defense Lawyers

At the Henry Law Firm, we bring more than 35 years of combined legal experience to people who have been charged with a criminal offense. If you are under investigation or have been arrested for mail fraud, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is without cost or obligation.

Involuntary Manslaughter

Posted on | July 28, 2011 | No Comments

In the criminal justice system, there are varying degrees of crimes and penalties, based on the belief that criminal defendants have different degrees of culpability or responsibility. One of the principal dividing lines is between voluntary and involuntary acts. The inclination is to punish intentional acts more severely than unintentional ones.

This applies to homicide, as well as other crimes. The legal term for unintentionally killing another person is “involuntary manslaughter.” Involuntary manslaughter is generally defined as the unlawful killing of another person “without malice aforethought.” This is simply another way of saying without intent. The crime of involuntary manslaughter is often associated with vehicular homicide or motor vehicle accident deaths. If you are negligent in the operation of a motor vehicle and cause the death of another person, you may be guilty of involuntary manslaughter.

Exercise Your Constitutional Rights

When you have been arrested for or charged with a serious crime, such as manslaughter, you can often forget to take all the measures afforded by the U.S. Constitution to protect your rights. You have the right to remain silent — don’t talk with police or prosecutors until your lawyer is present. You have the right to be free from unreasonable searches or seizures. Always ask to see a warrant and don’t allow police officers or prosecutors to search your property or take anything that belongs to you without a valid warrant.

Our Experienced Involuntary Manslaughter Defense Lawyers

At the Henry Law Firm, we bring more than 35 years of combined legal experience to people who have been charged with a criminal offense. If you are under investigation or have been arrested for involuntary manslaughter, contact the Henry Law Firm or call us toll-free at 877-665-1900 to schedule a free initial consultation.

Prescription Fraud

Posted on | June 14, 2011 | No Comments

America’s “war on drugs” has been going on for years. Unbeknownst to many people, the focus of government and prosecutor investigation is not just illegal drugs, such as marijuana, cocaine, meth and heroin. The war is also being waged on illegal use of prescription drugs. Unfortunately, many prescription drugs have the propensity to be highly addictive. Illegal access to prescription drugs can actually be easier, and frequently safer, that access to controlled substances.  In many instances, you only need look in your own medicine cabinet or that of a friend.

If you are caught and successfully prosecuted, the consequences can be severe. In most instances, prescription fraud is a felony, and can result in substantial fines, as well as a lengthy incarceration.

You can be charged with prescription fraud under a variety of circumstances. Among the most obvious are stealing a prescription pad and forging prescriptions, or creating a bogus prescription pad. You can also face charges if you alter a legitimate prescription to increase quantities or to allow refills. However, any type of misrepresentation or deception, from assuming a false identity to faking an injury, can be the basis for charges of prescription fraud.

It is also important to understand that any party involved in the deception to fraudulently obtain prescription drugs can be charged. If you are a doctor or pharmacist who wrote bogus prescriptions for yourself or others, you can be charged. If you are a nurse or other health care worker who stole prescription forms, either for yourself or others, you can be charged.

Exercise Your Constitutional Rights

Regardless of the circumstances under which you were arrested, you still have rights. Don’t jeopardize your future by willingly forfeiting the protection you have under the U.S. Constitution. You have the right to have an attorney present before answering any questions. You have the right to remain silent. You also have the right, under the 4^th Amendment, to be free from unreasonable search and seizure. This requires that law enforcement officers have probable cause to conduct any search or seizure, and that they have probable cause to obtain a search warrant.

Our Experienced Philadelphia Prescription Fraud Defense Lawyers

We have more than 35 years of combined legal experience focused on criminal defense. If you are under investigation for fraudulently seeking or obtaining prescription drugs, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Identity Theft

Posted on | June 14, 2011 | No Comments

Identity theft can take many forms.  You may be charged with identity theft for using someone else’s financial or personal information for profit, such as using a name or identification number to obtain credit, goods or services. You could be charged with identity theft for giving someone else’s name when stopped or investigated for a crime.  You could be charged with identity theft simply by presenting a fake ID.

Identity theft can involve the inappropriate use of any sensitive personal data, such as name, address, Social Security number, credit card number, passwords for access to financial accounts, date of birth and even maiden name. Identity theft generally requires knowledge and intent: if you are charged, it must be shown that you took someone else’s personal information knowingly, that you did so without permission, and that you did so with an illegal purpose, such as wrongfully obtaining goods, services or other items, including medical and other personal records.

The penalties for conviction on an identity theft charge will vary, based on whether you are charged with a felony or a misdemeanor. In most instances, prosecutors and judges will also look at whether there is a prior criminal record, as well as the extent to which you carefully planned the crime.

You Have Rights

The U.S. Constitution establishes a number of rights for people charged with a crime. You should be notified of many of these rights, such as the right to an attorney, and the right to remain silent, immediately after you are taken into custody. If law enforcement officers arrest you, but fail to advise you of your rights, any statements they get from you may be inadmissible in court.

To best understand and exercise all your rights, you want to hire an experienced lawyer as soon as possible. Police and prosecutors will use every opportunity to get evidence that can lead to a conviction. You want an attorney who can anticipate their moves, and counsel you in ways that protect your future.

Contact an Experienced Philadelphia Identity Theft Defense Lawyer

At the Henry Law Firm, our attorneys bring more than 35 years of combined legal experience to your defense. If you are under investigation for identity theft or misuse of someone else’s personal information, contact the Henry Law Firm or call us toll-free at 877-665-1900. We offer a free initial consultation to every client.

Defending Yourself on Internet Sex Crimes Charges

Posted on | May 9, 2011 | No Comments

When you have been charged with a sex crime, including an offense involving the Internet, you need an experienced attorney to protect your legal rights, as well as your reputation. Because of the nature of the crime, you can often be convicted in the court of public opinion before you have ever had a chance to tell your side of the story. Career-seeking prosecutors can brazenly step all over your constitutional rights in their haste to make a name for themselves.

Regardless of the type of crime, you still have rights. The police and prosecutors must follow constitutional guidelines when gathering any evidence against you. You don’t have to answer any of their questions without first consulting your lawyer. You have the right to confront anyone who has accused you of such a crime.

Protect Your Rights

Law enforcement officials in Pennsylvania take Internet sex crimes seriously, especially those involving the solicitation of minors or the display or dissemination of child pornography. In many instances, police or prosecutors will set up sting operations, posing as minors in chat rooms, e-mails or instant messaging.  Any communications made online can become the basis for an arrest, should prosecutors deem it to be a form of sexual predation or solicitation.

The penalties for conviction of an Internet sex crime can be substantial. You may be required to register as a sex offender, and be forced to go door-to-door to advise your neighbors of your status. Even if it is your first offense, you could face significant prison time.

There are many effective defenses that can be raised in Internet sex crime prosecutions. You can question whether police had probable cause to search your home or your computer, or to obtain any evidence against you. If you were the victim of a sting operation, you can raise an argument based on a theory of entrapment. In certain situations, the validity of the statute under the U.S. Constitution can be called into question.

If you have been arrested for an Internet sex crime or believe that you are under investigation for such a crime, it is important that you exercise your right to remain silent. Some of the most damaging testimony is often your attempt to deny charges or stand up for your rights. Don’t help the police or the prosecutors do their job. Let an experienced attorney speak on your behalf.

Contact Our Experienced Criminal Defense Lawyers

Contact the Henry Law Firm or call us toll-free at 877-665-1900 to schedule a free initial consultation with an experienced Internet sex crimes attorney. We have protected the rights of criminal defendants in Pennsylvania for more than 35 years.

Protecting Your Rights under the Federal Sentencing Guidelines

Posted on | May 9, 2011 | No Comments

If you have been charged with a crime that will be prosecuted in the federal courts, you will be subject to the federal sentencing guidelines. These guidelines are extensive and extremely complicated, with more than 2,000 pages of intricate rules that can double or triple the length of your sentence.  The length of a potential incarceration can vary significantly based on the application of the guidelines.  For example, for the same crime, a defendant can face anywhere from three years to 20 years in prison. Without a knowledgeable and experienced attorney, you can easily face an unnecessarily long prison term.

Experienced Pennsylvania Federal Crimes Defense Attorneys

The federal sentencing guidelines include a calculation, based on a number of factors. Under the guidelines, you are given a base number that will vary, depending on your prior criminal record and the severity of the crime. A number of factors can increase the potential sentence, such as:

• whether or not a gun was used in the commission of the crime
• whether there were minors present at the time the crime was committed
• whether you are categorized as a career criminal

Your base number can also be reduced in situations where you can demonstrate that you either played a minor role in the commission of the crime, or that you cooperated with authorities to bring all guilty parties to justice.

Though the federal guidelines include minimum mandatory sentences, an experienced lawyer may be able to work directly with federal prosecutors to get approval from a judge to establish a lesser sentence. There are also circumstances where a judge can depart from the minimum sentencing guidelines, applying what is known as the “safety valve” application found in Title 18. This option is available if you can demonstrate to the judge that:

• You only have one item in your criminal history
• You were not the leader or organizer of the crime committed
• You have truthfully disclosed all relevant information
• No one was harmed because of the criminal act you were involved in
• You did not use a weapon or engage in violence while committing the crime

We Understand the Federal Sentencing Guidelines

At the Henry Law Firm, our lawyers have more than 35 years of combined legal experience, including the defense of crimes in federal court. To set up a free initial consultation, contact our office online or call us toll-free at 877-665-1900. Let us use our experience, knowledge, skill and resources to ensure that your constitutional rights are protected.

When You Have Been Charged with Fraud

Posted on | April 6, 2011 | No Comments

Are you or a family member facing charges of fraud? Are you uncertain what the prosecutor must prove in order to get a conviction? Are you wondering what you can do to minimize the consequences of your arrest? This blog post helps you identify the elements of a charge of fraud and provides recommendations regarding how to protect your interests.

Typically, fraud includes an intentional statement of fact which turns out to be false. To constitute fraud, the person making the statement must know at the time that the statement was false, or must have had good reason to know that the statement was false.

It is not enough, however, to simply make a false statement. The person to whom the statement was made must take some type of action based on the misrepresentation, and must suffer some sort of loss based on that reliance. The loss can be either an actual monetary or property loss, or the loss of an opportunity. For example, payment of funds or transfer of property based on a false representation would be sufficient to constitute fraud. Likewise, losses caused by the decision not to purchase an asset, when based on a misrepresentation, can also be fraudulent.

So what should you do if you are under investigation for or have been charged with fraud?

The most important thing, apart from hiring skilled legal counsel, is to exercise your right to remain silent until you have spoken with your lawyer. Never forget that police and prosecutors are not your friends. Their job is to identify and use all evidence that can lead to a conviction. They may try to be your friend or tell you that they are only trying to help, or that things will go easier for you if you simply provide them with a little information. Don’t ever talk to the police without your lawyer present.

It is also important that you don’t allow police or prosecutors to conduct any type of search or seizure without a valid search warrant. The police may knock on your door and ask if they can come in. They may even tell you that they need to come in. Regardless, you don’t have to let law enforcement officers in your home unless they have a valid warrant based on probable cause.

When you first encounter police and prosecutors, you can feel overwhelmed. If they have obtained evidence against you, you may be inclined to confess and get it over with. Don’t ever admit to anything unless on the advice of counsel. An experienced criminal defense attorney may be able to find effective defenses to your charge, even when the hour seems the bleakest.

Contact an Experienced Fraud Defense Attorney

At the Henry Law Firm, we have protected the rights of criminal defendants throughout the Philadelphia area for more than 35 years.  We use an in-house private investigator to help us gather all relevant evidence.  If you are under investigation for fraud, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is without cost or obligation.

Protect Your Rights When Charged with Homicide or Assault

Posted on | April 6, 2011 | No Comments

If you are convicted of homicide in Pennsylvania, you can face the death penalty, depending on the circumstances of the crime. Conviction on assault charges can result in significant prison time. You may have a loved one who has been arrested and charged with assault, manslaughter or murder. What can you tell them to make certain they don’t forfeit any of their constitutional rights?

1. Keep Your Mouth Shut

A longstanding right in the criminal justice system is the right to remain silent. Regardless of the tactics law enforcement officers or prosecutors employ, you always have the right not to say anything unless accompanied by counsel. Police may try a multitude of strategies to try to get you to talk. They may act like your friend or tell you that things will go easier for you if you help them. Don’t be taken in by their games. They are always looking for evidence to use against you.  If they ask you questions, simply say that you want to speak with your lawyer.

2. Don’t Make Their Job Easy

The 4^th Amendment to the U.S. Constitution protects you from any unreasonable search or seizure. Law enforcement officers cannot come into your house or search you property without obtaining a proper warrant. They cannot get a warrant unless they have probable cause to conduct a search. You don’t have to let them in your house, just because they knock on the door and want to “ask you a few questions.” If you let them in voluntarily and they see anything that might be used against you in court, you will have waived your rights under the 4^th Amendment. If the police come to your door and want to ask you questions, close the door behind you before you engage in any discussion. A better course of action would be to ask to see their warrant and then contact an attorney.

3. Always Consider All Your Options

Even if the police find evidence that they want use against you at trial, you shouldn’t start talking to police. An experienced criminal defense lawyer may see many ways to reduce or dismiss charges against you, challenging the validity of a search warrant, or other ways in which evidence was granted. You are innocent until proven guilty. It is the responsibility of the prosecutor to make that proof. Don’t give in just because there is potentially damaging evidence against you.

Contact an Experienced Assault and Homicide Attorney

At the Henry Law Firm, we have handled more than 100 murder cases over 35 years in practice. We use an in-house private investigator to help us gather all relevant evidence.  If you are under investigation for homicide or assault, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is without cost or obligation.

When You Face State Drug Charges in Pennsylvania

Posted on | February 15, 2011 | No Comments

The state of Pennsylvania takes a hard line on drug offenses. Prosecutors will usually pull out all the stops, often adding other charges, such as conspiracy or money laundering, in order to get you to cop a plea. Don’t be intimidated by the police or the prosecution. You have rights! You want an experienced and aggressive lawyer to protect you. There are, however, steps that you can take to protect your interests before you meet with your attorney.

1. You Have the Right to Remain Silent

Everyone knows that this is a fundamental right, but, unfortunately, many people still think they can talk their way out of an arrest or charge. Police officers are skilled in directing conversation to get suspects to incriminate themselves. They may imply that this is merely a formality, that the evidence is weak, or that they really just want to help you. Don’t be fooled! They are always looking for evidence to hold against you. What can seem like a harmless statement to you can be used to suggest or support an admission of guilt. You don’t have to answer any questions until you have spoken with your attorney. If the police keep asking you questions or try to engage you in conversation, all you need to say is “I want to talk with my lawyer.”

2. Don’t Help the Police Do Their Job

The police cannot enter your home or search your property without probable cause. If incriminating evidence is visible, and police believe it will be destroyed if they have to obtain a warrant, they can immediately search your property. Otherwise, they must have a valid warrant.  When the police knock on your door, you are not required to let them in, unless they have a warrant. Most often, you will be greeted with the question, “Can we come in?” You have the right to say no and to ask them to produce a warrant.

3. Don’t Throw in the Towel

Just because the police find evidence that suggests that you violated state drug laws does not mean you should throw yourself at the mercy of the court. A search warrant may be invalid for a number of reasons. You may be able to show that you had no knowledge of any illegal drug activities. Don’t admit to anything!

Contact an Experienced Drug Defense Attorney

At the Henry Law Firm, we have handled thousands of state drug cases in more than 35 years in practice. We use an in-house private investigator to help us gather all relevant evidence.  If you are under investigation for cultivation of marijuana or manufacturing of any controlled substance, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is without cost or obligation.