How an appeal in a criminal case is filed

There is a tendency in the United States court system to uphold decisions made by lower courts. As a result, for an appellate court to hear an appeal, a person must demonstrate that there were errors made at the trial level. The error also must be material or substantial in nature. “Harmless” errors that have not had a substantial impact on the outcome of a case are almost always unable to form the basis for a successful criminal appeal. You can create a strong criminal appeal with the assistance of an experienced criminal defense attorney. Continue reading to learn how to file an appeal in a criminal case.

COMMON BASIS FOR SUCCESSFUL CRIMINAL APPEALS

There are several common reasons for successful criminal appeals, which include:

Abuse of discretion. In some types of criminal cases, judges have a wide range of discretion. If an appellate court determines that a judge abused discretion in making a decision, this means that the ultimate ruling was either erroneous or arbitrary in nature.

Ineffective assistance of counsel. Ineffective assistance of counsel means that a person’s Sixth Amendment rights were violated. In deciding an ineffective assistance of counsel case, courts determine whether a lawyer’s conduct undermined the judicial process.

Insufficient weight of evidence. Appellate courts tend to not view how evidence was presented in court or review an argument. As a result, appellate courts are often not in the best situation to assess the weight of evidence. It is possible, however, for an appellate court to decide that a lower court improperly weighed evidence in arriving at a decision.

Plain error. Any defect or error that affects a person’s rights can represent a plain error. Some of these errors can represent the basis of a successful criminal appeal. One of the most common types of plain error is when a judge miscalculates sentences following a conviction.

HOW TO FILE AN APPEAL IN A CRIMINAL CASE SUCCESSFULLY

Some of the steps that are commonly involved in successful criminal appeals include:

• A person retains the services of an experienced criminal appeals attorney.
• Notice of the appeal is filed with the appropriate trial court.
• Records of the appeal are obtained. An experienced attorney will then perform a thorough review of all of the documents and transcripts associated with the appeal to identify any potential legal errors.
• The appeal attorney prepares and files the appropriate brief. The brief will include details about what occurred in a person’s case as well as present arguments supporting a person’s appeal. The outcome of a large number of appeals relies on the details of a brief.
• You and an experienced lawyer will argue in front of the judges who will decide the outcome of your appeal. During the appeal, a person often will have the option to appear. During this time, judges will listen to each side’s argument, consider the merits of each argument, and issue a written decision that provides either an affirmation or reversal of a conviction.

SPEAK WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

It can be challenging to make a successful criminal appeal, but the assistance of an experienced criminal defense attorney can help greatly.

Important Questions to Ask Before Employing A Criminal Defense Lawyer

Should you ever find yourself in a situation wherein you need a criminal defense attorney, it’s imperative to ascertain that the one you hire to represent you will be thoroughly committed to your best interest. Often, the most logical choice would appear to be a famous attorney—perhaps a name you’ve seen in the papers before—but this should not be the sole motivation behind your decision.

Prior to hiring a criminal defense attorney, law firms recommend obtaining more information about the legal professional first. This may be a tad time-consuming, but it’s a crucial process to undergo if you want to ensure the best outcome for your case. You can accomplish this by asking the right set of questions during the initial consultation.

What are the right questions to ask? A criminal defense attorney shares them below:

1. Is your law practice concentrated on criminal cases?
2. Have you had a case like mine before? What was the outcome of that case? (But don’t focus on that outcome! Your circumstances will always be different, no matter how slight, to the cases of others).
3. Will you personally be handling my case, or will you be passing it to an associate?
4. Will you be representing me in court?
5. If an associate will take over my case, what is his or her experience in handling cases like mine? How long have they been in practice and what credentials do they have that make them capable to defend or represent me?
6. How easily can I get in touch with you? Can I reach you personally or do I have to call the office first?
7. How will you keep me up to date about my case? By email? Text? Phone call?
8. What are the likely outcomes for my case and what are the legal options we could take?
9. Can you provide me an overview of the strategy you’ll use for a case like mine?
10. What are the fees that I need to prepare for?

These questions will provide a more solid idea of how your case will be handled, as well as of the results you can expect.

From the answers in the consultation provided by the criminal attorney, law firms explain that you can evaluate which among the attorneys you’ve consulted has the experience to secure your advantage in the legal proceedings, can provide you the best legal advice, is most reassuring and makes you feel comfortable, and has services that fit your budget.

After your evaluation, you will then be able to decide on the best attorney to hire and defend your case.

How to Handle a DUI-Related Auto Accident

Involvement in a DUI car accident could land you in serious trouble. Apart from legal penalties, the charges and legal procedures could be quite distressing mentally as well as financially. Conviction in such cases may lead you to heavy fines or jail sentence and a criminal record that stays with you. However, you can defend yourself in such cases even if someone was injured or died. You just need to have an understanding about the accident conditions, legal proceedings and penalties that you might face and you can prevent the DUI charges from ruining your life. It is very important to know your rights pertaining to DUI charges so that you can decide your course of action immediately. Also, driving under the influence doesn’t always mean that the accident was your fault.

Here are the 10 essential steps you must take to defend yourself in a DUI car accident.

Call for medical assistance

Following a DUI accident, the first and the foremost thing to check is that if there is any injury or not. If anyone is hurt, you should immediately call for emergency medical aid. Also, report the status of those having injuries in the best possible way.

Report the accident

Informing the concerned authorities about the accident is important. As per some of the state laws, all the accidents leading to physical injury or substantial property damage must be reported. If you are unsure about the law of your state, better call 911 and report the accident.

Avoid refusal to tests

When suspected for DUI, the police usually asks you to take breath, chemical or field sobriety test like walk and turn, horizontal gaze and standing on one leg. You can, of course, refuse to take the test and there won’t be any legal punishments for refusal but you would be ticketed for non-compliance. This may subject you to criminal or administrative penalties. Thus it’s best to cooperate with the tests.

Consult your attorney before making statements

In DUI cases involving car accidents, you must avoid making written or oral statements to the police officers before consulting your attorney. In case the authorities suspect you as the cause of the accident or for DUI, you can consult your attorney before giving out any statements.

An injury lawyer can advise you on your ability and right to claim compensation, which will involve consideration of whether the driver was distracted or driving negligently and without due care and caution.

Avoid making statements to victims    

It best not to make any written or oral statements to the victims as well as witnesses. Even a simple statement like “I am sorry” could lead you to trouble because in the court it sounds like you are admitting your fault. However, in some states, expressions of regret are excluded from the evidence and if a state doesn’t have any such law, the judge may do so if he or she wishes to.

Avoid leaving the scene

In such cases, never leave the scene. Be present at the accident scene, especially, if there is another vehicle or a victim involved. Leaving the scene might trigger a claim of felony hit and run.

Click Pictures

Take pictures of the vehicle as well as accident scene with your camera or cell phone having camera functionality. These could lead you to evidences that might work in your favor.   

Note down the details of potential witnesses

At the accident scene, you must jot down the names, phone numbers and addresses of all the potential witnesses. This might be helpful if you believe that the accident wasn’t your fault. The information might not be in the police report and in such cases you can help yourself by contacting such witnesses.

Record your own version of the accident

Noting down your own version of what exactly happen could be quite helpful. Also note the date and time when you write. Mention “Confidential: Attorney-Client Privileged” over such statements and do not show it to anyone except your attorney. Mailing a copy of the statement to yourself is also a good idea to retain a postmark with the date on it.

Find out the property owners

In case you hit a damaged private property or an unattended vehicle, try to find out who is the owner of the property or the vehicle.

Charges for DUI car accident could pose a permanent impact on your personal as well as professional life. To get rid of such charges as soon as possible and to prevent it from jeopardizing your life, consult a good and experienced Austin DUI Attorney immediately who can review you case and provide good legal assistance to protect your rights and interests.

What To Do In The Event Of A Traffic Accident

Being involved in a traffic accident can be one of the most stressful events you’ll ever experience, and whether it was your fault or not, you need to be aware of your legal rights as well as knowing what to do both at the scene of the accident and afterwards.

After all, depending on the circumstances, you could be subject to motoring prosecution for careless or dangerous driving, for example, and you may need to make a personal injury claim for compensation.

Either way, here are a few basic tips to make sure you do everything by the book.

At The Scene

The first thing you need to do after a road accident has occurred is – quite obviously – stop. Even if you weren’t directly involved in the incident yourself, if you saw what happened you could end up being a key witness. Your next priority is then to check if anyone has been injured and call for the necessary emergency services – an ambulance for people needing urgent medical attention, and also the police if the road has become blocked or if anyone has fled the scene.

You’ll then need to start gathering information: exchange details (name, address, phone number, vehicle information, insurance information etc) with every driver involved in the accident, as well as gathering the same details (minus insurance info) from any witnesses. It will also be incredibly useful to write down as many details of the accident as possible (note them on a phone or in a notebook if you carry one in your car). This can include the time of the accident, the weather and road conditions, exact location (including street names), damage to the vehicles and information concerning skid marks. It can also be very helpful to make a sketch of the scene of the accident or take photos if you have a camera or camera phone with you. Any type of evidence will come in handy later for insurance claims or if judicial action is required.

After The Initial Accident

You’ll obviously need to inform your insurance company if any damage was inflicted on your or someone else’s vehicle, and if the police ask for a valid insurance certificate (this can also be requested by other people involved in the accident), one must be produced either immediately or taken to a local police station within seven days of the accident. It is worth noting that if the police suspect a crime has been committed, they can check the insurance information of a certain car or driver using a database, and can seize the vehicle if it is being driven while uninsured.

Seeking Professional Help

Of course, this is just a very brief look at your rights and what you should do in the event of an accident. For more information concerning road traffic law – or if you want to proceed with legal action due to a road accident – a specialist solicitor will be able to help you, whether you are the victim of someone else’s dangerous driving or if you were involved in an accident where you were at fault. A firm that has experience in road traffic law will be able to impart their knowledge on this legal area and give you professional advice on what to do next.

The Levels Of Federal Courts

Since the creation of the United States, the federal system has evolved. The federal court system began with Article III of the Constitution, which acknowledged that the primary judicial power in the United States rested in the Supreme Court. The Constitution also gave Congress the ability to create courts “below” the Supreme Court as necessary.

As a result, there are three levels to the current federal court system:

District courts. These 94 courts are where federal cases are tried. Judges elected to these courts serve eight-year terms. Primarily, these courts handle criminal cases including the setting of bail and issuing of search warrants.

Appellate courts. There are 12 circuit courts in the United States, which were created by Congress to reduce the Supreme Court’s caseload as well as to hear cases from the 94 district courts.

The Supreme Court. The Supreme Court is the highest court in the country.  

Executive branch courts. Not actually part of the judicial branch of government, there are a number of federal courts tasked with hearing a number of unique cases including taxes, veterans claims, and armed forces issues.

Selecting A Skilled Appellate Lawyer

It is often a good idea to ask your trial lawyer if he or she has any recommendations for who might be able to provide strong appellate assistance. You might also ask your friends if they can refer an attorney who can provide strong assistance in navigating an appeal. A recommendation, however, should not be enough to satisfy your search for an appellate attorney. Instead, it is critical to ask a number of questions about the skills of a potential appellate attorney. Some of the factors to consider include how long the appellate attorney has been practicing and the degree to which the attorney focuses on criminal appeals.

In addition, it’s important to look at an attorney’s track record of success in handling criminal appeals. The appellate process is extremely complicated and requires a different set of skills than representing a defendant at trial. When you talk to a lawyer that you are considering retaining for your appeal, you should ask about his or her law school experience, whether he or she has practiced in the United States Courts of Appeals, and whether he or she has obtained favorable court decisions in the past.

There is a substantial variety in the appellate skills of lawyers. Because a small number of criminal appeals are successful, it is vital to obtain the assistance of the best criminal appeals lawyer possible. While a good appellate lawyer can increase the chances that your case resolves in a positive manner, a less than stellar appellate lawyer can negatively impact the future of your case.

The Complexities Of Teen Crime

The justice system in this country is designed to separate juvenile offenders from adult criminals. Young offenders are jailed and tried in a different court system than adults who have broken the law. While most jailed adolescents are released back into the public by the time they turn 21, if not sooner, most parents want to keep their children out of the justice system altogether. When they set out to protect their children from committing crimes, parents are encouraged to remember the impact of their children’s offenses and how these acts can impact their future, as well as that of the entire family.

Disruption Of The Family

Many young people do not have the maturity or the forethought to remember that their actions impact more lives than their own. Parents, however, do have this level of forethought and therefore are encouraged to do everything they can to educate their children about the far-reaching consequences of even the most seemingly harmless acts.

For example, a teen who steals another kid’s cell phone does not just put himself or herself at risk of being thrown out of school and arrested. If that young offender is arrested, they disrupt their family’s life and home. Parents should always try to remind their children that every action can greatly impact their present lives.

Interruption Of Their Education

Young offenders also take for granted how their actions can impact their education. They may not realize that even minor crimes can interrupt their current educational pursuits. Kids need to be reminded that if they commit a crime and are arrested, the justice system will more than likely require that they are withdrawn from their present school and placed in a correctional facility. Their education will continue while they are in jail; however, these young offenders will no longer be around their friends, no longer enjoy extracurricular activities and no longer be able to participate in sports. They sacrifice the best parts of their educational experiences when young people commit crimes.

Guiding Kids Away From Crime

Parents are not helpless when it comes to steering their children away from crime. Even if they work two jobs and have extremely busy lives, parents can lead their children toward a happy future by knowing about every aspect of their children’s lives. They should know who their kids’ friends are, where they spend time when they are not at school, what kind of music and TV they watch, monitor their time on the computer, and be vigilant for signs of criminal activity inside and outside their home.

Parents can also lead by example by refusing to affiliate with others who engage in criminal behaviors and by enforcing the rules in their homes. Having strict boundaries, researching online about teens and criminal behavior at sites, and following through on punishments can be a great way for parents to show children that all of their actions have consequences and that the adults in their lives only want the best for them.

Teenage crime can be a complex matter that impacts every aspect of a family’s life. Parents can guide their kids toward a life of happiness and productivity by imparting these lessons early and by remaining vigilant about what goes on inside and outside their homes.

Choosing A Defense Attorney For A Successful Appeal

Choosing A Defense Attorney To Appeal Your Case

When you’re facing a criminal case in federal district court, it’s vital that you select the right criminal defense lawyer for you. What happens in the trial court can have a significant impact on your rights and your future, and often public defenders are too overburdened to provide the strongest defense possible in a serious federal case.

In the unfortunate event that your attorney was unable to secure a favorable outcome at trial, there’s a very strong chance that you are interested in appealing your case to the federal appellate courts. It’s important to understand that appellate practice is significantly different than trial practice, so it’s in your best interest to find an appellate attorney who specializes in criminal appeals.

To select a defense attorney for your appellate case, it is critical to have a firm understanding of what the appeal process involves and to fully research the attorneys who offer appellate services. If you are currently faced with the option of pursuing an appeal, you should not hesitate to obtain the assistance of an experienced defense attorney who can make certain that your case resolves in the best possible manner. In the process of selecting an attorney, there are some important steps that you should take, which will be discussed below.

Selecting A Skilled Appellate Lawyer

It is often a good idea to ask your trial lawyer if he or she has any recommendations for who might be able to provide strong appellate assistance. You might also ask your friends if they can refer an attorney who can provide strong assistance in navigating an appeal. A recommendation, however, should not be enough to satisfy your search for an appellate attorney. Instead, it is critical to ask a number of questions about the skills of a potential appellate attorney. Some of the factors to consider include how long the appellate attorney has been practicing and the degree to which the attorney focuses on criminal appeals.

In addition, it’s important to look at an attorney’s track record of success in handling criminal appeals. The appellate process is extremely complicated and requires a different set of skills than representing a defendant at trial. When you talk to a lawyer that you are considering retaining for your appeal, you should ask about his or her law school experience, whether he or she has practiced in the United States Courts of Appeals, and whether he or she has obtained favorable court decisions in the past.

There is a substantial variety in the appellate skills of lawyers. Because a small number of criminal appeals are successful, it is vital to obtain the assistance of the best criminal appeals lawyer possible. While a good appellate lawyer can increase the chances that your case resolves in a positive manner, a less than stellar appellate lawyer can negatively impact the future of your case.

Using A Trial Lawyer For An Appeal

There are advantages as well as disadvantages to selecting your trial lawyer to pursue your appeal. One advantage is that a trial lawyer will be familiar with your case and can help resolve the complex issues involved in your appeal. If you are confident about your trial lawyer’s abilities, it might be better to select that attorney. Not all trial attorneys, however, are equally skilled at appeals. In can also help to obtain the assistance of an additional attorney in a case. In some cases, an appeal attorney might even conclude that a trial attorney did not provide effective representation. In such an instance, it may be able to obtain a new trial simply based on your trial attorney’s failure to provide effective assistance.

Costs Associated With An Appeals Lawyer

The exact amount that you can expect to pay for an appellate lawyer depends on a number of factors, including the length and complexity of the trial. The way in which your criminal case proceeded can also influence the cost of a case. As a result, the cost of two separate appeals is never the same. When considering cost, it’s important to remember just how much could be on the line. If you are facing a lengthy prison sentence, for example, it’s not unreasonable to invest a significant amount into your appellate representation, as the potential return on your investment could be your freedom.

Even in cases in which the direct consequences of a conviction are not as serious as a lengthy prison sentence, the collateral consequences of a conviction may justify retaining a highly qualified appellate attorney. Collateral consequences are separate from those imposed by the court, and may negatively affect your life long after your sentence has concluded. Some common examples of the collateral consequences that can be associated with even a minor criminal conviction include the following:

- The Loss Of Your Job

- Difficulty obtaining future employment

- Prohibition from owning a firearm

- Disqualification from the federal student loan program

- Problems renting an apartment

- Difficulty obtaining admission into colleges and universities

- Problems obtaining a professional license

These are only some of the potential collateral consequences that can occur after a criminal conviction. A successful appeal, however, may be able to clear your good name and keep you from experiencing the potentially lifelong consequences associated with a conviction. For this reason, it’s critical that you consider a variety of factors when choosing an appellate attorney to represent you moving forward.

5 Key Strategies for a Successful Criminal Defense Case

1. Thorough Investigation: A comprehensive investigation is crucial in building a strong defense. Your attorney should gather all relevant evidence and interview witnesses to ensure that all possible defenses are considered.
2. Understanding the Charges: It is essential to understand the specific charges you are facing and the elements of the crime that the prosecution must prove in order to obtain a conviction.
3. Utilizing Expert Witnesses: In some cases, the use of expert witnesses can be extremely beneficial. They can provide expert testimony that can help to undermine the prosecution's case.
4. Plea Bargaining: In some cases, plea bargaining may be a viable option. A skilled criminal defense attorney can negotiate with the prosecution to reduce the charges or sentence, in exchange for a guilty plea.
5. Preparing for Trial: If a plea bargain is not possible, it is crucial to be prepared for trial. Your attorney should be experienced in trial preparation and able to build a strong defense to present in court.

In conclusion, these are just a few of the key strategies that can be employed in a successful criminal defense case. An experienced criminal defense attorney can help you navigate the legal system and protect your rights.

What to do When You are Involved in a DUI Car Accident

Involvement in a DUI car accident could land you in serious trouble. Apart from legal penalties, the charges and legal procedures could be quite distressing mentally as well financially. Conviction in such cases may lead you to heavy fines or jail sentence and a criminal record that stays with you. However, you can defend yourself in such cases even if someone was injured or died. You just need to have an understanding about the accident conditions, legal proceedings and penalties that you might face and you can prevent the DUI charges from ruining your life. It is very important to know your rights pertaining to DUI charges so that you can decide your course of action immediately. Also, driving under the influence doesn’t always mean that the accident was your fault.

Here are the 10 essential steps you must take to defend yourself in a DUI car accident.

Call for medical assistance

Following a DUI accident, the first and the foremost thing to check is that if there is any injury or not. If anyone is hurt, you should immediately call for emergency medical aid. Also, report the status of those having injuries in the best possible way.

Report the accident

Informing the concerned authorities about the accident is important. As per some of the state laws, all the accidents leading to physical injury or substantial property damage must be reported. If you are unsure about the law of your state, better call 911 and report the accident.

Avoid refusal to tests

When suspected for DUI, the police usually asks you to take breath, chemical or field sobriety test like walk and turn, horizontal gaze and standing on one leg. You can, of course, refuse to take the test and there won’t be any legal punishments for refusal but you would be ticketed for non-compliance. This may subject you to criminal or administrative penalties. Thus it’s best to cooperate with the tests.

Consult your attorney before making statements

In DUI cases involving car accidents, you must avoid making written or oral statements to the police officers before consulting your attorney. In case the authorities suspect you as the cause of the accident or for DUI, you can consult your attorney before giving out any statements.

An injury lawyer can advise you on your ability and right to claim compensation, which will involve consideration of whether the driver was distracted or driving negligently and without due care and caution.

Avoid making statements to victims    

It best not to make any written or oral statements to the victims as well as witnesses. Even a simple statement like “I am sorry” could lead you to trouble because in the court it sounds like you are admitting your fault. However, in some states, expressions of regret are excluded from the evidence and if a state doesn’t have any such law, the judge may do so if he or she wishes to.

Avoid leaving the scene

In such cases, never leave the scene. Be present at the accident scene, especially, if there is another vehicle or a victim involved. Leaving the scene might trigger a claim of felony hit and run.

Click Pictures

Take pictures of the vehicle as well as accident scene with your camera or cell phone having camera functionality. These could lead you to evidences that might work in your favor.   

Note down the details of potential witnesses

At the accident scene, you must jot down the names, phone numbers and addresses of all the potential witnesses. This might be helpful if you believe that the accident wasn’t your fault. The information might not be in the police report and in such cases you can help yourself by contacting such witnesses.

Record your own version of the accident

Noting down your own version of what exactly happen could be quite helpful. Also note the date and time when you write. Mention “Confidential: Attorney-Client Privileged” over such statements and do not show it to anyone except your attorney. Mailing a copy of the statement to yourself is also a good idea to retain a postmark with the date on it.

Find out the property owners

In case you hit a damaged private property or an unattended vehicle, try to find out who is the owner of the property or the vehicle.

Charges for DUI car accident could pose a permanent impact on your personal as well as professional life. To get rid of such charges as soon as possible and to prevent it from jeopardizing your life, consult a good and experienced Austin DUI Attorney immediately who can review you case and provide good legal assistance to protect your rights and interests.

5 Tips to Help You Find a Criminal Lawyer

Life is unpredictable– filled with hills and valleys, choice and consequence. Facing the very real threat of criminal charges can be overwhelming. At times like these, it’s hard to even know where to start. If you think you may need a defense lawyer, the tips below might be of help.

#1: From minor to major. Criminal charges come in many shapes and sizes– in other words, punishments and outcomes vary in seriousness. Certain lawyers may handle all kinds of cases– from misdemeanors to felonies– while others only specialize in minor infractions. Ensure you choose a criminal lawyer that is up to the task of your criminal charges.

#2: Custom-fitted. There is a wide range of criminal lawyers currently practicing in Austin (or wherever you might need legal advice), each with their own experience and specialties. A well-reviewed lawyer may have worked well for some, but it’s in your best interest to ensure a good match for your specific needs.

#3: Meet and greet. Many lawyers offer free meetings with prospective clients or other introductory offers, these can help you find the best representation for your case. Shopping around isn’t just for the cheapest groceries– it can help you focus on which features you value in a criminal lawyer. Bring detailed and relevant information about your charges to your first meeting and never be reluctant to ask about fees.

#4: Centre of attention. Public or pro bono representation may sound good on paper, but if you can afford it– there is no question that you should seek out a criminal lawyer. A free lawyer by definition has fewer resources to work with than a professional firm. When you bring a case into a law office, you have access to the entire staff’s expertise and years of practice. The criminal lawyer you choose will be by your side throughout the entire process.

#5: Get the full picture. Don’t rely on a brief consultation or your own research. These may be cheaper alternatives, but it is a criminal defense lawyer’s job to be familiar with the law! A criminal lawyer will outline the full complexity of your charges and all possible consequences. He or she will also advise you of any available pleas, reductions in charges and other rights that could be easily overlooked.

Federal Healthcare Fraud

What Is Health Care Fraud?

The term health care fraud broadly covers any attempt to abuse or manipulate insurers, state or federal government health care programs for profit. The vast majority of this type of fraud is committed by health care providers, but patients can also defraud the system.

Examples of health care fraud by providers may include:

• Billing insurance companies or government programs for medical services not actually provided (often through falsified or stolen patient records)
• “Upcoding”—billing for a more expensive treatment or procedure than was actually performed
• Performing unnecessary medical services or procedures and billing for them (sometimes including falsely diagnosing a patient to justify the service)
• Billing separately for each step in a medical procedure to increase the total cost of the procedure (a practice known as “un-bundling”)
• Obtaining subsidized or covered prescription medications under false pretenses, then selling them for a higher price
• Accepting kickbacks for referrals from other members
• Practicing medicine without proper training or licensing, or fraudulently treating patients (also known as medical fraud or quackery)

Examples of health care fraud by patients may include:

• Faking a medical condition to obtain covered prescriptions, then selling the drugs
• Receiving health care services under someone else’s membership or insurance card (or allowing someone to use one’s card to do so)
• Forging prescriptions
• Obtaining health care coverage by providing false information

Individual states have their own laws regulating health care, but health care fraud at any level is a federal crime and can be tried at the federal level. For minor incidents, the government may opt to invoke only civil penalties (i.e., restitution for the value of what was unlawfully taken by fraud). More advanced cases of health care fraud are tried at the criminal level, punishable by fines of up to half a million dollars per count, and prison sentences of 5-10 years per offense. If bodily harm occurs because of the fraud, the sentence can be up to 20 years, and if death occurs, it can mean life in prison.

Defending Against Health Care Fraud Charges

As with most forms of fraud, the government must prove your intention to defraud, not just show that you attempted or completed the action. (Fraud must be committed purposely; mistakes are not illegal.) Our team of experienced federal criminal defense attorneys understands the nuances and complexity of the laws regulating health care as they pertain to your case. We’ll investigate the charges and the circumstances thoroughly, discuss your options and your rights, and employ effective defense strategies on your behalf beginning well before the case goes to trial, during the trial itself, and if necessary, after the trial.

Healthcare is a complex industry that is heavily regulated and investigated by federal agencies, including the FBI and the DEA. Because of this, healthcare providers often encounter a wide range of very serious allegations that can affect their careers, families and futures.

Betty Blackwell Receives Distinguished Lawyer Award

DISTINGUISHED LAWYER AWARD

The Distinguished Lawyer Award recognizes the dedication and hard work of attorneys who have practiced law for 30 years or more and have significantly contributed to the legal profession and the greater community.

Betty Blackwell

Betty Blackwell

Betty Blackwell is a native Austinite, graduating from Westlake High School in 1974 as the salutatorian, then attending Texas A&M University where she graduated summa cum laude after only three years. In 1980, she graduated from the University of Texas School of Law with honors. She went into private practice handling exclusively criminal defense cases. She is board certified in criminal law and co-wrote the three-volume treatise Texas Criminal Forms and Trial Manual for Thomson Reuters. Among her many professional activities, she has been the chair of the board of directors of the Capital Area Private Defender Service since 2014. She is the past-president of the Texas Criminal Defense Lawyers Association and the past-chair of the Commission for Lawyer Discipline. In 2017, she was inducted into the Texas Criminal Defense Lawyers Association Hall of Fame.

Drunk Driving: The Holiday Doom

Holidays involve festivity, cheer, celebrations, dancing and inevitably – drinking. With Christmas and New Year around the corner, the instances of drunk driving are expected to shoot up, and by the law of proportion the control and punitive measures of the law enforcement agencies as well.

The natural instinct and argument says holidays are the time for unrestricted revelry. Drinks and food form the most integral part of it. But does a DUI need to be a definite collateral damage then? Not necessarily. A little attention and alertness on our part can make the roads a lot safer for ourselves and others and the festive times a lot happier.

Beware of Sobriety Checkpoints During Festivals
Sobriety Checkpoints become more frequent on roadways during festive times. Suspicion of drunk driving is much higher and random drivers are stopped to check for alcohol use or other criminal activity. These checkpoints are announced in advance and it is best if you keep track of them and know that drinking and driving will get you in trouble on these roads.

Alternatives to Driving Back
If you know you are going to be drinking and will be using a car, having a designated driver should be your priority. The state also provides certain free public transportation services on holidays like Christmas and New Year which you can always take advantage of.

Besides that, hosting a party at home or going to a party that has an after-party space where you can wait for the night and do not need to drive back is a safer alternative. That way you obliterate your chances of a DUI.

Having the phone numbers of some local cab companies when there is an unplanned drinking bout and you feel too intoxicated to go behind the wheel is a good idea. So make sure you have them saved in your cell phone.

Roving Patrols
Festive times increase the number of moving patrols on the roads. Any signs of impaired driving and you will be pulled aside on suspicion of drunk driving or criminal activity. So if you are thinking of going behind the wheels after a couple of drinks give the idea up, even if you are not feeling intoxicated. The BAC count may not be the most correct estimate of drunk driving but it is definitely the one that stands and you never know what it reflects when.

Have an Understanding of Your BAC
While alcohol tends to affect different bodies differently, having a BAC level of 0.08 or more is what really establishes your DUI charges.

Now the alcohol content per drink whether a glass of wine, one beer or one shot is approximately the same. However, how this alcohol affects your body will depend on factors like the amount consumed, the time gap between consecutive drinks, and your body weight, among other things.

So on an average a 170-pound man will move up to the 0.08 level in say 4 drinks on an empty stomach, while a woman of about 140 pounds will reach the same levels in about three drinks on an empty stomach.

Underage DUI

When it comes to drinking and driving below the age of 21, drivers with a BAC between 0.02 and 0.08 face automatic revocation of their license. Even if they are found with alcohol in their vehicle, they will have their license revoked.

According to the Centers of Disease Control and Prevention more than half of fatal motor accidents involving teen drivers occur on weekends. Therefore holidays obviously increase the incidence of teen arrests in DUIs.
It is important that underage drinking during holidays and festive season is prevented.

Immediate Legal Advice and Assistance
If you want to prevent revoking of your license post DUI charges, reach a DUI attorney quickly. They will help you in preventing the revocation of your license and severe depletion of your driver’s license points by investigating your charges and collecting evidence that proves you are innocent.

And if you have been injured in a car accident, speak to a car accident injury lawyer.

Breath test reports, video evidence of your performance on the sobriety tests, etc. is not preserved by the police for long time and so it is important that you contact an attorney immediately who will get you the best possible solution and outcome. Austin DUI laws are quite complicated and require expert legal knowledge and ability to be dealt with.

Drunk driving charges in Texas can cause you driver’s license suspension, large fines, and a criminal record blot, that will be seen by your future employers and banks, thus reducing your credibility. You might even face jail time for repeat offenses.

So try to avoid drinking and driving this holiday season, and if you do, opt for legal assistance immediately. Let the holiday be a holiday and not a nightmare.

DUI Conviction: What does it Take to Make a Strong Defense?

Defending against a charge for driving under the influence can be difficult because all state courts are very serious about prosecuting impaired driving. However, many cases are prosecuted on borderline evidence and can be defended by an experienced DUI attorney if the case particulars are aligned correctly.

Many officers will arrest a suspected impaired driver with a blood alcohol content level below the .08 national standard because there is still the possibility of a reckless driving conviction. Even though reckless driving is not considered driving under the influence and will not affect subsequent intoxicated driving charges, it still can present a problematic criminal history. But, there is a significant difference between the two.

Evidence Examination

Charges for driving under the influence are not automatic convictions. The arrest report contains contestable information used to charge the individual, including a mechanical breathalyzer reading. Breath analysis in charges for driving under the influence of alcohol is far from an exact science, and even analyzer certification and maintenance records can be used to defend against the charge.

Field sobriety breath analysis is not admissible in court as material evidence, even though they can be part of the testimony presented by the arresting officer. Additionally, arrests performed by a single officer do not have corroborating testimony from the scene. An experienced DUI attorney is also an officer of the court and can possibly lessen the impact of officer testimony.

Controlled Substance DUI

There are several reasons that an individual can be charged with driving under the influence that are associated with non-alcoholic substance. Taking prescribed medications while driving is not necessarily allowable under the law, but there are many scenarios where a controlled substance DUI can be argued to an adjustable charge, if not dismissed completely.

Depression medications can instigate drowsiness, but proving impairment levels is difficult because there is no machine that definitively indicates intoxication. Daily medications do have an active period within the body and they can be detected through blood analysis, but latency and activity can be difficult to pinpoint.

Many prosecutors are reluctant to convict an individual with medical problems unless the charge contains extenuating circumstances, so charges stemming from borderline evidence can be defended effectively by an experienced DUI attorney. This can occur even with a blood test that shows presence of the medication. However, remember that this does not necessarily apply to DUI based on an illegal controlled substance.

Taking a Case to Trial

Prosecutors do not like to present DUI cases in trial because of time management reasons and the possibility of losing in court. This can be a very effective negotiation tool for an experienced DUI attorney who thinks he can prove beyond a reasonable doubt that the defendant was not impaired. Even a reduction to a reckless driving charge can be a much more desirable outcome than a DUI conviction for many reasons, such as jail time and excessive fines, along with alcoholic drivers education program assignment.

It is important to choose a local experienced DUI attorney  who has a good track record of defending clients who have been charged with unreasonable impaired driving charges. The officer’s testimony alone is enough to secure a conviction against a novice defendant.

Hiring an attorney can make a major difference in lessening the negative impact that a DUI conviction can have on an individual’s life. Always get an experienced DUI attorney, and get one who will fight to defend your rights in court.

Why Is DUI Considered a Criminal Offense?

 (U.S. Criminal Law and generally) There likely aren’t many people who don’t recognize that drinking and driving is illegal. Even if someone was somehow unaware of this fact, ignorance of the law would not preclude them from facing its repercussions. The question often arises, however, as to why driving under the influence (DUI) is treated as a criminal offense rather than a traffic violation. Understanding these reasons is essential for all drivers, and the consequences of ignoring these facts are often much worse than a person could imagine.

Why is DUI a Criminal Offense?

As mentioned, many individuals wonder why drunk driving is considered a criminal offense. After all, speeding results in many traffic deaths, but the consequences of speeding usually only equate to a citation and fine. It’s important to note, though, that drunk driving is much more dangerous than speeding and a host of other risky driving behaviors.

The simple fact is that drunk driving results in a staggering amount of traffic deaths every single year. The first American DUI laws went into effect in New York in 1910. These laws weren’t too stringent, but with the help of groups like Mothers Against Drunk Driving (MADD), DUI laws became more severe starting around the ’70s. By the end of the century, some states had been coerced into setting their legal blood alcohol content (BAC) standards at .08 percent for drivers.

Drunk Driving Statistics

Many understand that accidents can be caused by drunk driving, but few actually recognize the full extent of this danger. About one-third of all driving deaths in America are related to drunk driving. This equates to more than 10,000 deaths yearly. What’s even sadder is the fact that nearly one-fifth of these victims are under the age of 14. With over 1.4 million drunk driving arrests in 2010, however, it’s surprising that these numbers aren’t higher.

The courts view drinking and driving as an extremely negligent action. A short series of ill-advised decisions on the part of a drunk driver can greatly increase the risk of innocent victims around them meeting an untimely demise. Because of the inherent danger that DUI poses to property and life, is it treated much more severely than other traffic violations.

Consequences of DUI Conviction

One of the biggest complaints that some people have is the fact that they believe DUI consequences are too harsh for the actual violation. In some areas, a single DUI conviction can lead to a year in jail, and this is the same punishment that some violent misdemeanor convictions bring. Additionally, it only takes one DUI conviction for a person to lose their driving privileges, face huge fines, be required to attend DUI school and perform community service.

Unfortunately, some innocent individuals get caught up in harsh DUI laws. Hundreds of cases were called into question recently in Pennsylvania, for instance, when it was discovered that several Breathalyzer devices hadn’t been properly calibrated. Several other factors, such as diet or “mouth alcohol”, can also lead to misleadingly high BAC readouts on Breathalyzers. This is why anyone faced with the criminal consequences of a DUI should immediately seek legal help.

Driving under the influence is a risky behavior, and doing so has been illegal in many parts of America for over a century. Because of this, courts have very little sympathy for those arrested for the crime, and in reality, the potential consequences that drunk drivers face is enough to show that America takes the crime very seriously. This is why anyone charged with a DUI should immediately seek out legal help. A DUI arrest never equates to an automatic conviction, and if an attorney can help an individual avoid the consequences of conviction, they can make their client’s life much easier.

What to do When You are Involved in a DUI Car Accident

Involvement in a DUI car accident could land you in serious trouble. Apart from legal penalties, the charges and legal procedures could be quite distressing mentally as well financially. Conviction in such cases may lead you to heavy fines or jail sentence and a criminal record that stays with you. However, you can defend yourself in such cases even if someone was injured or died. You just need to have an understanding about the accident conditions, legal proceedings and penalties that you might face and you can prevent the DUI charges from ruining your life. It is very important to know your rights pertaining to DUI charges so that you can decide your course of action immediately. Also, driving under the influence doesn’t always mean that the accident was your fault.

Here are the 10 essential steps you must take to defend yourself in a DUI car accident.

Call for medical assistance

Following a DUI accident, the first and the foremost thing to check is that if there is any injury or not. If anyone is hurt, you should immediately call for emergency medical aid. Also, report the status of those having injuries in the best possible way.

Report the accident

Informing the concerned authorities about the accident is important. As per some of the state laws, all the accidents leading to physical injury or substantial property damage must be reported. If you are unsure about the law of your state, better call 911 and report the accident.

Avoid refusal to tests

When suspected for DUI, the police usually asks you to take breath, chemical or field sobriety test like walk and turn, horizontal gaze and standing on one leg. You can, of course, refuse to take the test and there won’t be any legal punishments for refusal but you would be ticketed for non-compliance. This may subject you to criminal or administrative penalties. Thus it’s best to cooperate with the tests.

Consult your attorney before making statements

In DUI cases involving car accidents, you must avoid making written or oral statements to the police officers before consulting your attorney. In case the authorities suspect you as the cause of the accident or for DUI, you can consult your attorney before giving out any statements.

An injury lawyer can advise you on your ability and right to claim compensation, which will involve consideration of whether the driver was distracted or driving negligently and without due care and caution.

Avoid making statements to victims    

It's best not to make any written or oral statements to the victims as well as witnesses. Even a simple statement like “I am sorry” could lead you to trouble because in the court it sounds like you are admitting your fault. However, in some states, expressions of regret are excluded from the evidence and if a state doesn’t have any such law, the judge may do so if he or she wishes to.

Avoid leaving the scene

In such cases, never leave the scene. Be present at the accident scene, especially, if there is another vehicle or a victim involved. Leaving the scene might trigger a claim of felony hit and run.

Click Pictures

Take pictures of the vehicle as well as accident scene with your camera or cell phone having camera functionality. These could lead you to evidences that might work in your favor.   

Note down the details of potential witnesses

At the accident scene, you must jot down the names, phone numbers and addresses of all the potential witnesses. This might be helpful if you believe that the accident wasn’t your fault. The information might not be in the police report and in such cases you can help yourself by contacting such witnesses.

Record your own version of the accident

Noting down your own version of what exactly happen could be quite helpful. Also note the date and time when you write. Mention “Confidential: Attorney-Client Privileged” over such statements and do not show it to anyone except your attorney. Mailing a copy of the statement to yourself is also a good idea to retain a postmark with the date on it.

Find out the property owners

In case you hit a damaged private property or an unattended vehicle, try to find out who is the owner of the property or the vehicle.

Charges for DUI car accident could pose a permanent impact on your personal as well as professional life. To get rid of such charges as soon as possible and to prevent it from jeopardizing your life, consult a DUI Attorney immediately who can review your case and provide good legal assistance to protect your rights and interests.

Possible Defenses To A Disorderly Conduct Charge

(US criminal law and generally) Disorderly conduct is the most common charge made by arresting officers throughout the country. This charge has a very broad range of events that fall under its scope. Playing music too loud at your home to having a fight with your partner that others can hear can be considered disorderly conduct. Showing a firearm in public, making obscene gestures that others are witness too, and being intoxicated in a public place are some other examples. 

Because the ranges of events that qualify under disorderly conduct are so vast, so are the possible defenses. Criminal defense attorney in Austin advises that one must take into consideration every aspect of the offense to create a good defense to put before the court. Following are several defenses which have proved successful in court:

• Mental State (Non-Medical) – One of the best defenses for a disorderly conduct charge is to show that the mental state of the charged person was that of someone who did not know their actions were causing a disturbance. An example would be someone charged for having a loud party at their home could plead that they did not know their neighbor three houses away could hear their music.

• Mental State (Medical) – A person that has been charged for being loud and disruptive and is being treated for any type of mental illness can use this medical condition to their advantage. A person that is suffering with depression and then creates a public display can show that their mental state was the cause of the action.

• Witness Testimony – Sometimes, a person is charged with disruptive behavior based on the testimony of one person. However, when others are interviewed about the event, the evidence shows that the event was not seen as a disruption by any other people involved. When this is the case, the accused often sees their case dismissed.

• Intoxication – If alcohol or drugs are involved, the defense attorney can show that the accused is not fully responsible for their actions due to a substance abuse problem. In many cases jail time and fines are waived if the accused enters into a treatment plan for these problems.

• Police Work – In some cases, shoddy police work will be the best line of defense for the accused. If the arresting officer violated the rights of the accused, the defense lawyer can use this evidence to have the case dismissed. This may include shoddy reporting, violations of Miranda, and violations of search and seizure laws concerning evidence.

Disorderly conduct charges are, in most cases, a felony misdemeanor charge that carries a fine and possibly imprisonment of up to six months. In most cases the courts are satisfied with monetary punishment. However, the accused will still have a criminal record if they are found guilty, and this can impact their lives more dramatically than a fine. If you have been accused of or charged with disorderly conduct, it is in your best interest to seek legal counsel to protect your rights and your reputation.