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January 2015 Archives

What is mens rea?

In many criminal cases, the prosecution, in order to obtain a conviction, must show that a defendant possessed a certain mental state when committing the alleged offense. This mental state is often referred to as "mens rea." For example, many statutes state that a defendant must have "willfully" committed the offense in order to be found guilty. But what is a "willful" act?

Gas station manager accused of computer fraud

It may sound frightening, but anyone can find themselves subject of a criminal investigation simply by being at the wrong place, at the wrong time and surrounded by the wrong circumstances. Though this can apply to any criminal offense, it is often particularly true for those accused of white collar crimes, which are those offenses involving finances. One California man may be finding this out firsthand after being taken into custody for alleged computer fraud.

What is firearms tracing?

There are many legal issues that arise when an individual is accused of a federal firearms offense. Amongst these, the actual possession or sale of a firearm may be key for a prosecutorial conviction. Therefore, the federal government and their prosecutors often address this matter in an aggressive manner. One way they do so is by firearms tracing.

Can I be accused of a federal crime for telemarketing?

You might face such allegations if certain circumstances exist. In fact, telemarketing scams are amongst the most common, so the federal government has really cracked down on telemarketers and what they can and cannot do over the phone. For example, if you offer significant products, services, or winnings in exchange for an individual's personal information, you should make sure you make good on your promise. Failing to do so could result in fraud charges.