Categories
Uncategorized

Bankruptcy Relief Due to COVID-19

New Bankruptcy Laws as a Result of COVID-19

After the initial shock of the COVID-19 outbreak and the resulting global pandemic, many believed that the public health crisis would pass, and the economy would bounce back quickly. More than a year after the U.S. saw its first COVID-19 case, the economy is finally on track for strong growth, but the financial impact of the coronavirus crisis is still being felt across the country. As more businesses are forced to close their doors due to COVID-19 and American workers still find themselves out of work or making less than they did before, many unemployed people and struggling small business owners are seeking bankruptcy relief as a solution to their overwhelming debt. Changes made to the U.S. Bankruptcy Code in response to the ongoing coronavirus pandemic have made it easier for individuals and businesses to file bankruptcy during the uncertain economic climate brought on by COVID-19. Call us today to learn more about how to seek bankruptcy relief due to COVID-19.

Bankruptcy for Small Business Owners

Despite efforts to counteract the impact of COVID-19 on American businesses, many small business owners in the U.S. continue to face ongoing challenges stemming from the coronavirus outbreak and subsequent pandemic. Filing for bankruptcy is one way struggling small business owners can either stay afloat in the wake of the COVID-19 pandemic and keep their business operations going or close their business quickly and efficiently. The three main types of bankruptcy that may be available to small business owners seeking bankruptcy relief due to COVID-19 include:

  • Chapter 11 bankruptcy, which offers small businesses the opportunity to restructure their finances and create a plan to repay their debts while remaining open.
  • Chapter 7 bankruptcy, in which case the company stops all operations and goes out of business. The business’ assets are liquidated, and the proceeds are used to pay off outstanding debts.
  • Chapter 13 bankruptcy, which may be available to sole proprietors who want to reorganize their personal and business debts. make monthly payments to creditors through a Chapter 13 repayment plan and keep the business afloat.

Bankruptcy for Unemployed Individuals

The coronavirus pandemic dealt a devastating blow to American workers across the country and across all sectors. In the thick of the COVID-19 outbreak, businesses were forced to close their doors, the U.S. economy plunged into a recession, and the U.S. unemployment rate reached record highs. Millions of workers found themselves dealing with some form of job loss – either a temporary layoff, a furlough, or a dismissal – with no idea when they would return to work, if at all. Many of these workers who suffered drastic pay cuts or total income loss during COVID-19 are now seeking relief through bankruptcy. If you lost your job as a result of COVID-19, you may be wondering if unemployment could prevent you from filing for bankruptcy and which type of bankruptcy case is right for you. There are pros and cons to seeking relief under Chapter 7 or Chapter 13 of the Bankruptcy Code, which is why it is important to speak to a qualified bankruptcy attorney before moving forward with a bankruptcy filing.

Chapter 7 vs Chapter 13 Bankruptcy

When you file a Chapter 7 bankruptcy case, your assets are liquidated, the proceeds are used to pay back your creditors, and your debts are discharged. Chapter 7 bankruptcy is typically reserved for debtors with little or no income, in which case being unemployed may actually help you qualify. If you find yourself unemployed as a result of COVID-19, filing Chapter 7 bankruptcy could be a good opportunity to wipe out your debts before you find a new job. By contrast, debtors who want to keep their property and pay back their creditors over time may benefit more from a Chapter 13 debt relief plan. However, this type of bankruptcy case requires debtors to have enough income to make monthly payments under a court-approved payment plan, which means most unemployed individuals will not qualify, even those receiving COVID-19 unemployment benefits. There are some exceptions, however. If you have other sources of income, such as a pension, Social Security or disability benefits, or income from a rental property, and you can show that you can afford to make the necessary monthly payments, you could qualify for Chapter 13 bankruptcy even during a period of unemployment.

COVID-19 Bankruptcy Relief Provisions Extended

The Coronavirus Aid, Relief and Economic Security (CARES) Act, signed into law on March 27, 2020, included several coronavirus-related bankruptcy relief provisions that were set to expire in March 2021. On March 27, 2021, President Biden signed the “COVID-19 Bankruptcy Relief Extension Act of 2021,” which preserved those bankruptcy relief provisions for another year, through March 27, 2022. The new bill includes the following provisions for personal and small business bankruptcy cases:

  • Preserves the debt eligibility threshold of the Small Business Reorganization Act of 2019 at $7.5 million for businesses filing for bankruptcy under Subchapter V of Chapter 11 of the U.S. Bankruptcy Code.
  • Amends the definition of “income” for Chapter 7 and Chapter 13 bankruptcy filings to exclude coronavirus relief payments distributed by the federal government.
  • Excludes federal coronavirus relief payments from being included in the calculation of disposable income for the purposes of confirming a Chapter 13 repayment plan.
  • Allows individuals and families currently in Chapter 13 bankruptcy who are experiencing a financial hardship as a result of COVID-19 to seek modifications to their bankruptcy repayment plan, including extending their plan to seven years.

Filing for Bankruptcy During COVID-19

For many people grappling with the economic crisis caused by the COVID-19 pandemic, bankruptcy offers a much-needed lifeline, a way out from under significant debt, and a second chance to get their finances in order. Unfortunately, there is a stigma surrounding bankruptcy that keeps many people from getting the help they need to deal with their overwhelming debt. If you are struggling with debt due to COVID-19, your best course of action is to consult a knowledgeable bankruptcy attorney to discuss your options. With an experienced attorney on your side, you can determine whether filing for bankruptcy is the right move for your specific financial situation and learn about the different types of bankruptcy available to you.

Categories
PPP Fraud

Florida Man Faces PPP Fraud Charges for Using $1.9 Million to Buy New Mercedes, Pickup Truck

Keith William Nicoletta, 48, of Dade City, Florida faces federal charges for fraudulently obtaining more than $1.9 million in Paycheck Protection Program (PPP) funds and using the emergency aid for unauthorized expenses, including to purchase a new Mercedes and Ford F-250 pickup truck. Nicoletta was arrested earlier this week, according to a criminal complaint unsealed by U.S. Attorney Maria Chapa Lopez on October 23, and, if convicted, could serve up to 40 years in federal prison. The charges against Nicoletta include bank fraud and illegal monetary transactions, and the case is being investigated by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service (IRS) – Criminal Investigation unit, Tampa Field Office and prosecuted by Assistant U.S. Attorney Kristen A. Fiore.

Federal Pandemic Relief Fraud Cases

The federal government is making a concerted effort to root out fraud associated with the Paycheck Protection Program and make an example of offenders, and Keith Nicoletta’s PPP fraud case is one of dozens of pandemic relief fraud cases that have been taken on by the Department of Justice. To date, more than 57 people have been charged with fraudulently obtaining $175 million in PPP funds and/or using the funds for personal purchases or other unauthorized purposes.

In this latest PPP fraud case, Keith William Nicoletta is accused of committing bank fraud and engaging in illegal monetary transactions involving PPP funds he obtained through fraud. According to a news release issued by the U.S. Attorney’s Office for the Middle District of Florida on October 23, Nicoletta fraudulently obtained emergency PPP funds in May 2020, after falsely claiming on his PPP loan application that he had a local scrap metal business with 69 employees and monthly payroll expenses exceeding $760,000, or more than $9 million annually. In truth, Nicoletta did not report any wages to the state of Florida for any employees in 2020 or 2019.

Upon securing the PPP funds through fraudulent means, rather than using the money for payroll costs and legitimate business expenses as required by the Paycheck Protection Program, Nicoletta laundered the money, transferring it between various accounts at different financial institutions, authorities allege. He then withdrew more than $100,000 in cash and bought a 2020 Mercedes for more than $106,000 and a 2020 special edition Ford F-250 pickup truck for more than $66,000. Nicoletta also wired $537,000 to a property management company located in south Florida.

Defendants Allegedly Used PPP Funds for Personal Purchases

“We allege that many of these defendants took the relief money offered by the PPP program and spent it on things having absolutely nothing to do with relief – often on luxury items for themselves, their families, and their friends such as cars, jewelry, travel, and other personal expenses,” stated Acting Assistant Attorney General Brian Rabbitt at the PPP Criminal Fraud Enforcement Action Press Conference in September. “Unfortunately, almost every crisis brings out not only those who seek to help others, but also those who try to exploit the situation for their own unlawful purposes and financial gain.” A major concern during the ongoing COVID-19 crisis has been the high number of cases of CARES Act fraud, and these types of cases continue to roll in, as the federal government takes aim at a wide variety of fraudulent schemes. These include making false representations in PPP loan applications, using stolen PPP funds for unauthorized purposes, stealing taxpayer money, and ensuring that less money was available in the PPP program for legitimate businesses in genuine need of financial support during COVID-19.

Emergency Paycheck Protection Program Funds

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law that was enacted in March 2020, to provide emergency financial assistance to millions of Americans experiencing economic hardship as a result of the unprecedented coronavirus pandemic. The centerpiece of the CARES Act was the Paycheck Protection Program, a loan program regulated by the Small Business Administration, meant to provide much-needed relief to qualifying small businesses and other organizations struggling to stay afloat during COVID-19. The SBA-backed loans distributed under the PPP program were intended to prevent massive layoffs and unemployment during the coronavirus crisis by helping businesses retain their employees and cover payroll and other authorized business expenses, such as mortgage and rent payments.

Under the PPP program, emergency funds were available to qualifying small businesses with 500 or fewer employees, including sole proprietorships, independent contractors, gig workers and self-employed individuals. Launched in April 2020, the PPP program initially provided up to $349 billion in potentially forgivable loans to small businesses hard hit by the coronavirus pandemic. In April 2020, Congress authorized more than $300 billion in additional funding for the PPP program, and by the time the program was closed to new applications in August, more than 5.2 million loans had been approved by the federal government for a total of more than $525 billion in emergency financial relief. The loans distributed under the PPP program have a maturity of two years and an interest rate of 1%, with no collateral or personal guarantees required.

Justice Department Moving Aggressively to Prosecute Offenders

One key requirement of the PPP program is that businesses receiving financial assistance must use the funds for payroll costs, interest on mortgages, rent and lease payments, and utilities. What makes the PPP program even more attractive is the fact that the loan can be 100% forgiven so long as the business spends the funds on authorized business expenses within a set time period and uses at least a certain percentage of the funds to retain its employees and fund payroll. These favorable terms made the PPP program a target for those who sought to abuse the program by committing fraud, which the federal government immediately moved to squash. Within months of the Paycheck Protection Program being announced, the Department of Justice brought its first charges of fraud in connection with the CARES Act and promised to devote extensive law enforcement resources to aggressively investigate and prosecute those who abused the PPP program and stole or attempted to steal taxpayer money.

“Early on, Attorney General Barr recognized that the pandemic would present fraudsters and other bad actors with a unique opportunity to take advantage of the crisis, and he directed the Department of Justice to take swift action to protect law-abiding Americans,” stated Rabbitt at the PPP Criminal Fraud Enforcement Action Press Conference. “We did this not only to protect the integrity of the PPP and the taxpayer funds it was disbursing, but also to send a message of deterrence to would-be fraudsters – while loans were still being made – that the Department was standing watch and would move aggressively to prosecute those who defrauded this critical program.”

Feds Launch Dozens of PPP Fraud Investigations Across U.S.

Over the past several months, there has been a wave of PPP fraud investigations initiated by the federal government, which has taken swift and immediate action to combat fraud tied to the  Paycheck Protection Program, with the help of the FBI, the IRS and the SBA’s Office of the Inspector General, among other federal agencies. “Our cases are diverse in size and scope, involving fraud ranging from loan requests for just $30,000 to approximately $24 million,” said Rabbitt. The Department of Justice says that the PPP fraud cases they are investigating fall into two general categories. The first category involves individuals or small groups who lied about having small businesses or needing emergency PPP funds to pay their employees, and then used the funds to buy things for themselves. “As we allege in our charging documents, these defendants used lies to obtain millions of dollars in PPP funds and then spent those funds on things like luxury cars, homes, renovations, jewelry – and even adult entertainment and gambling in Las Vegas,” said Rabbitt. The second category of PPP fraud cases involves criminal rings that organized coordinated, systematic efforts to defraud the PPP program on a massive scale.

IRS Special Agent in Charge: PPP Loan Fraud “Will Never Be Tolerated”

Nicoletta is at least the second person in the region to face federal charges for fraud in connection with the Paycheck Protection Program. In early September, Casey David Crowther of Fort Myers, Florida, president of Target Roofing & Sheet Metal Inc., was charged with spending federal COVID-19 relief funds on personal purchases, including the purchase of 40-foot catamaran valued at nearly $700,000. According to the criminal complaint, which was unsealed last month, Crowther fraudulently applied for and secured a PPP loan in the amount of $2,098,700.

With billions of taxpayer dollars and the fate of troubled small businesses at stake, the Department of Justice has made good on its promise to aggressively pursue anyone attempting to use the COVID-19 crisis as an opportunity to commit fraud, criminally charging more than 57 people alleged to have defrauded the Paycheck Protection Program this year. “During these difficult times, while hardworking American citizens are facing a pandemic and struggling to take care of their families, crimes like these literally rob the coffers of critically needed relief funds,” said Special Agent in Charge Michael J. De Palma of the IRS Criminal Investigation unit, Miami Field Office, in a Department of Justice press release issued in August. “We will continue to tirelessly pursue the culprits behind these heinous schemes and bring them to justice.  Any fraud of COVID-19 financial relief programs will never be tolerated.”

Other PPP Fraud Articles

Read More About Texas Max Charged in Multi-Million Dollar COVID-19 Relief Fraud

Read More About Hawaii Man Faces Charges for Multi-Million Dollar Fraud Involving COVID19 Relief

Businessman Charged with Bank Fraud for Multi-Million-Dollar Payroll Protection Program Fraudulent Scheme

Hawaii State’s Attorney’s Office Pursuing Charges Against Honolulu CEO for PPP Fraud

Aviron Pictures Executive Faces Charges for Allegedly Pocketing PPP Funds

Categories
Uncategorized

Florida Man Faces PPP Fraud Charges for Using $1.9 Million to Buy New Mercedes, Pickup Truck

Keith William Nicoletta, 48, of Dade City, Florida faces federal charges for fraudulently obtaining more than $1.9 million in Paycheck Protection Program (PPP) funds and using the emergency aid for unauthorized expenses, including to purchase a new Mercedes and Ford F-250 pickup truck. Nicoletta was arrested earlier this week, according to a criminal complaint unsealed by U.S. Attorney Maria Chapa Lopez on October 23, and, if convicted, could serve up to 40 years in federal prison. The charges against Nicoletta include bank fraud and illegal monetary transactions, and the case is being investigated by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service (IRS) – Criminal Investigation unit, Tampa Field Office and prosecuted by Assistant U.S. Attorney Kristen A. Fiore.

Federal Pandemic Relief Fraud Cases

The federal government is making a concerted effort to root out fraud associated with the Paycheck Protection Program and make an example of offenders, and Keith Nicoletta’s PPP fraud case is one of dozens of pandemic relief fraud cases that have been taken on by the Department of Justice. To date, more than 57 people have been charged with fraudulently obtaining $175 million in PPP funds and/or using the funds for personal purchases or other unauthorized purposes.

In this latest PPP fraud case, Keith William Nicoletta is accused of committing bank fraud and engaging in illegal monetary transactions involving PPP funds he obtained through fraud. According to a news release issued by the U.S. Attorney’s Office for the Middle District of Florida on October 23, Nicoletta fraudulently obtained emergency PPP funds in May 2020, after falsely claiming on his PPP loan application that he had a local scrap metal business with 69 employees and monthly payroll expenses exceeding $760,000, or more than $9 million annually. In truth, Nicoletta did not report any wages to the state of Florida for any employees in 2020 or 2019.

Upon securing the PPP funds through fraudulent means, rather than using the money for payroll costs and legitimate business expenses as required by the Paycheck Protection Program, Nicoletta laundered the money, transferring it between various accounts at different financial institutions, authorities allege. He then withdrew more than $100,000 in cash and bought a 2020 Mercedes for more than $106,000 and a 2020 special edition Ford F-250 pickup truck for more than $66,000. Nicoletta also wired $537,000 to a property management company located in south Florida.

Defendants Allegedly Used PPP Funds for Personal Purchases

“We allege that many of these defendants took the relief money offered by the PPP program and spent it on things having absolutely nothing to do with relief – often on luxury items for themselves, their families, and their friends such as cars, jewelry, travel, and other personal expenses,” stated Acting Assistant Attorney General Brian Rabbitt at the PPP Criminal Fraud Enforcement Action Press Conference in September. “Unfortunately, almost every crisis brings out not only those who seek to help others, but also those who try to exploit the situation for their own unlawful purposes and financial gain.” A major concern during the ongoing COVID-19 crisis has been the high number of cases of CARES Act fraud, and these types of cases continue to roll in, as the federal government takes aim at a wide variety of fraudulent schemes. These include making false representations in PPP loan applications, using stolen PPP funds for unauthorized purposes, stealing taxpayer money, and ensuring that less money was available in the PPP program for legitimate businesses in genuine need of financial support during COVID-19.

Emergency Paycheck Protection Program Funds

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law that was enacted in March 2020, to provide emergency financial assistance to millions of Americans experiencing economic hardship as a result of the unprecedented coronavirus pandemic. The centerpiece of the CARES Act was the Paycheck Protection Program, a loan program regulated by the Small Business Administration, meant to provide much-needed relief to qualifying small businesses and other organizations struggling to stay afloat during COVID-19. The SBA-backed loans distributed under the PPP program were intended to prevent massive layoffs and unemployment during the coronavirus crisis by helping businesses retain their employees and cover payroll and other authorized business expenses, such as mortgage and rent payments.

Under the PPP program, emergency funds were available to qualifying small businesses with 500 or fewer employees, including sole proprietorships, independent contractors, gig workers and self-employed individuals. Launched in April 2020, the PPP program initially provided up to $349 billion in potentially forgivable loans to small businesses hard hit by the coronavirus pandemic. In April 2020, Congress authorized more than $300 billion in additional funding for the PPP program, and by the time the program was closed to new applications in August, more than 5.2 million loans had been approved by the federal government for a total of more than $525 billion in emergency financial relief. The loans distributed under the PPP program have a maturity of two years and an interest rate of 1%, with no collateral or personal guarantees required.

Justice Department Moving Aggressively to Prosecute Offenders

One key requirement of the PPP program is that businesses receiving financial assistance must use the funds for payroll costs, interest on mortgages, rent and lease payments, and utilities. What makes the PPP program even more attractive is the fact that the loan can be 100% forgiven so long as the business spends the funds on authorized business expenses within a set time period and uses at least a certain percentage of the funds to retain its employees and fund payroll. These favorable terms made the PPP program a target for those who sought to abuse the program by committing fraud, which the federal government immediately moved to squash. Within months of the Paycheck Protection Program being announced, the Department of Justice brought its first charges of fraud in connection with the CARES Act and promised to devote extensive law enforcement resources to aggressively investigate and prosecute those who abused the PPP program and stole or attempted to steal taxpayer money.

“Early on, Attorney General Barr recognized that the pandemic would present fraudsters and other bad actors with a unique opportunity to take advantage of the crisis, and he directed the Department of Justice to take swift action to protect law-abiding Americans,” stated Rabbitt at the PPP Criminal Fraud Enforcement Action Press Conference. “We did this not only to protect the integrity of the PPP and the taxpayer funds it was disbursing, but also to send a message of deterrence to would-be fraudsters – while loans were still being made – that the Department was standing watch and would move aggressively to prosecute those who defrauded this critical program.”

Feds Launch Dozens of PPP Fraud Investigations Across U.S.

Over the past several months, there has been a wave of PPP fraud investigations initiated by the federal government, which has taken swift and immediate action to combat fraud tied to the  Paycheck Protection Program, with the help of the FBI, the IRS and the SBA’s Office of the Inspector General, among other federal agencies. “Our cases are diverse in size and scope, involving fraud ranging from loan requests for just $30,000 to approximately $24 million,” said Rabbitt. The Department of Justice says that the PPP fraud cases they are investigating fall into two general categories. The first category involves individuals or small groups who lied about having small businesses or needing emergency PPP funds to pay their employees, and then used the funds to buy things for themselves. “As we allege in our charging documents, these defendants used lies to obtain millions of dollars in PPP funds and then spent those funds on things like luxury cars, homes, renovations, jewelry – and even adult entertainment and gambling in Las Vegas,” said Rabbitt. The second category of PPP fraud cases involves criminal rings that organized coordinated, systematic efforts to defraud the PPP program on a massive scale.

IRS Special Agent in Charge: PPP Loan Fraud “Will Never Be Tolerated”

Nicoletta is at least the second person in the region to face federal charges for fraud in connection with the Paycheck Protection Program. In early September, Casey David Crowther of Fort Myers, Florida, president of Target Roofing & Sheet Metal Inc., was charged with spending federal COVID-19 relief funds on personal purchases, including the purchase of 40-foot catamaran valued at nearly $700,000. According to the criminal complaint, which was unsealed last month, Crowther fraudulently applied for and secured a PPP loan in the amount of $2,098,700.

With billions of taxpayer dollars and the fate of troubled small businesses at stake, the Department of Justice has made good on its promise to aggressively pursue anyone attempting to use the COVID-19 crisis as an opportunity to commit fraud, criminally charging more than 57 people alleged to have defrauded the Paycheck Protection Program this year. “During these difficult times, while hardworking American citizens are facing a pandemic and struggling to take care of their families, crimes like these literally rob the coffers of critically needed relief funds,” said Special Agent in Charge Michael J. De Palma of the IRS Criminal Investigation unit, Miami Field Office, in a Department of Justice press release issued in August. “We will continue to tirelessly pursue the culprits behind these heinous schemes and bring them to justice.  Any fraud of COVID-19 financial relief programs will never be tolerated.”

Other PPP Fraud Articles

Read More About Texas Max Charged in Multi-Million Dollar COVID-19 Relief Fraud

Read More About Hawaii Man Faces Charges for Multi-Million Dollar Fraud Involving COVID19 Relief

Businessman Charged with Bank Fraud for Multi-Million-Dollar Payroll Protection Program Fraudulent Scheme

Hawaii State’s Attorney’s Office Pursuing Charges Against Honolulu CEO for PPP Fraud

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https://federalcriminaldefense.pro
Categories
felony Uncategorized

Telemarketing Scam In Phoenix

Telemarketing Scam In Phoenix

Phoenix Crimes

Telemarketing has gotten pretty hardcore in the last few years. It seems like this past summer it’s gotten even worse. Thankfully a toughened state law targeting telemarketing scams has led to it’s first criminal prosecution.

Lukeroy Rose is the owner of a Phoenix based Rose Marketing has pleaded guilty to several charges of fraudulent telemarketing business. Which is horrible, but I guess there’s money to be made in it.

Rose was accused of targeting the elderly which is pretty horrible. He solicited them into investing in fake work from home business opportunities.

Phoenix Phone Scam

It’s pretty crappy to pick on the elderly. According to the Attorney General’s Office there were at least sixteen victims that were tricked into investing thousands of dollars over a two year period. That means there was a loss of more than $298,000.

Rose was originally indicted in May 2016 with three of his employees. He went in front of a grand jury for a myriad of criminal charges which include: illegally conducting an enterprise, participating in a criminal syndicate and money laundering.

Rose was released rather quickly, in August on bond. He didn’t waste any time. He started another telemarketing operation around the same time that the Arizona Telephone Solicitations Statue took effect.

Arizona Works to Control Telemarketing Scheme

Officials said that in December the Arizona Attorney General’s Office learned about Rose’s new telemarketing operation. They began to investigate an undercover surveillance team to gain more information about the operation and were able to bring more charges against Rose.

Rose pleaded guilty to “conspiracy to commit theft, fraudulent schemes and artifices, two counts of theft and unlawful telephone solicitations to settle the cases for both telemarketing schemes”. Rose will face five years in prison for the offense.

There were three other people that were indicted with Rose. Those people were: Solana DePaola, Cordell James Bess, and Dino Nick Mitchell. They have all pleaded guilty as well.

Phoenix Felony Defense Lawyer

Felony Criminal Offenses

Criminal Defense Lawyers PLLC of Phoenix offers expert representation to clients accused of felony criminal offenses in the greater Phoenix, Arizona area. Felony Offenses are serious accusations where the court may sentence an individual to an Arizona State Prison rather than being sent to a county jail. If you are faced with a Felony criminal charge, contact our skilled attorneys immediately for a free consultation to discuss your case and begin working toward a legal resolution. Felony offenses can significantly impact your record and reputation and may be detrimental to your ability to obtain or continue viable employment positions. A Felony offense may carry large repercussions that can negatively impact your personal and civil rights.

 

Understanding Your Rights

It is important to fully understand your rights when you are facing a felony criminal offense and our expert attorneys will provide you with the necessary information that you need to be equipped for a successful case. In some circumstances, a Diversion Program may be established with alternative options other than jail or prison time. Felony Criminal Offense cases require careful examination to determine the status of your legal situation and to make efforts toward dismissing or removing detrimental felony allegations from your permanent record.

 

First Time Felony Defense

First-time offenders may be entitled to certain programs that can result in the dismissal or minimization of your charges. The Attorneys at Criminal Defense Lawyers PLLC will go to battle on your behalf in an effort to find creative and alternative solutions that may result in the dismissal of your case and the removal of charges. Knowing the specific felony defense laws of Arizona is essential, and the expert attorneys at Criminal Defense Lawyers PLLC are well versed in Arizona-specific statutes. We can assist you with all elements of your case and will aggressively approach your situation for the most favorable possible outcome of full dismissal or your record expunged/sealed when possible.

Contact a Law Firm Right Away

If you or someone you know has been recently charged with a felony offense in the greater Phoenix area, please call the skilled Felony Offense Attorneys at the Law Offices of Criminal Defense Lawyers PLLC today for a free consultation. Whether you have been convicted of a First, Second or Third Degree Felony, our attorneys will assist you in maneuvering the Felony challenges of a DUI, a probation violation, traffic violations, failure to appear in court, if you have a warrant for your arrest or any other form of felony accusation.

 

Understanding the Different Types of Felonies

It is crucial to understand what type of felony offense you are facing so as to determine whether diversionary programs or alternative options may apply. Often times a pre-trial intervention is possible and our skilled attorneys will work hard to find any and all alternatives to avoid conviction and the negative impacts a felony offense will have on your permanent record.

Free Consultation – Phoenix Felony Defense Lawyer

With a wealth of expertise, a commitment to integrity and a passion for defense, the Attorneys at Criminal Defense Lawyers PLLC – Phoenix Criminal Defense Lawyers – are here to support you with your case. We believe every defendant has the right to a solid defense. Call us today for a free initial consultation at 480-351-6445.

 

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me

Categories
assault battery Personal Injury Uncategorized

Police Investigate Stabbing in the Phoenix Area

Police Investigate Stabbing in the Phoenix Area

Man Arrested for Fatal Stabbing

Another day, another stabbing in Phoenix. A fifty-eight year old man is now being held in connection in a fatal stabbing. The stabbing was of a man and happened near, Ninth Avenue and Hatcher Road. The odd thing is, it happened in broad day light.

Phoenix police said that they met Israel Aguilera near the scene. He was then taken into custody after he admitted to stabbing the victim.

Now, Agulera is facing a first degree murder charge. According to reports, the victim was described as a thirty-five to forty-five year old male. He was taken to the local hospital around four o’clock in the evening. He was sadly pronounced dead at the hospital.

Phoenix Police spokesman, Lewis said that witnesses had scatted after the stabbing, however once they were tracked down by the authorities they said that Aguilera and the victim were actually in some type of argument just before the stabbing.

What the heck is wrong with people? You fight and decide it’s okay to stab someone to death? Quite severe.

Phoenix Police Investigate Stabbings

Bar fights aren’t uncommon anywhere. You have a bunch of drunk people together and someone gets angry, it’s bound to happen.

Police are now investigating after two people were stabbed at a bar in north Phoenix.

According to reports, the bar was at Cave Creek Road which is just south of Greenway Road. There was a double stabbing that night that started after a bar fight at a local tavern.

The two men that got stabbed had allegedly been fighting with a third person. This was inside of the bar. They followed him out when the man tried to leave.

After the fight and stabbing, the third person left the scene. According to reports, the third person stabbed one of the guys in the chest several times. He stabbed the other in the head.

Police are searching for the third person in hopes to question him. They have not stated that he is a “suspect” in the situation. Which I mean, it sounds like self-defense. He was calmly leaving the bar and the guys followed him to finish the fight.

 

Phoenix Battery Lawyer

Criminal Defense Cases

A verbal altercation in a bar or at your own home could be misconstrued as an assault charge. If you are accused of starting a bar fight or engaging in domestic violence, secure experienced legal help immediately. Understandably, you may feel tempted to explain your side of the story to law enforcement. But, any details you provide could be used against you.

 

Battery Defense Strategy

At the Law Offices of Daniel R. Perlman, we will act quickly to develop an effective defense strategy against battery and assault charges. Our Phoenix-based team of Criminal Defense Attorneys is comprised of former prosecutors with a comprehensive understanding of the criminal justice system. They know firsthand how prosecutors develop cases against individuals suspected of criminal assault and are prepared to stay ahead of the prosecution through identifying any procedural errors, contradictory evidence or violations of your civil rights.

 

Types of Battery Cases

The highly skilled attorneys at Criminal Defense Lawyers PLLC provide a substantial background defending individuals across Arizona and the greater Phoenix Metropolitan area accused of offenses ranging from simple assault to aggravated assault with a deadly weapon. These offenses may include:

 

  • Domestic violence
  • Spousal abuse
  • Child abuse
  • Sexual assault
  • Assault and battery
  • Aggravated assault with a deadly weapon

 

Our Attorneys at the Phoenix-based Perlman Law Group will devote the right resources to develop an effective defense strategy against the damaging charges. We will meet with any eyewitnesses to understand the series of events before the alleged criminal activity occurred and are prepared to craft a strategy around self-defense, if you were in fear of your life.

 

We will also seek to illustrate any weaknesses in the prosecution’s evidence or contradictory statements from the plaintiff. When appropriate, we work with psychologists to illustrate the plaintiff’s state of mind and tendency to exaggerate or lie as well as analyzing the case from every angle possible. If your civil rights were violated or procedural errors were made, we will fight for an acquittal.

 

Schedule a Free Consultation – Phoenix Battery Lawyer

If you or someone you know has been accused of a Violent Crime such as Battery, contact a Phoenix Criminal Defense Lawyer Today to Schedule a Free Consultation. With a wealth of expertise, a commitment to integrity and a passion for defense, the Attorneys at Criminal Defense Lawyers PLLC – Phoenix Criminal Defense Lawyers – are here to support you with your case. We believe every defendant has the right to a solid defense. Call us today for a free initial consultation at 480-351-6445.

 

 

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me

Categories
assault Homicide Personal Injury Uncategorized Wrongful Death

Police Investigate Phoenix Homicide

Police Investigate Phoenix Homicide

Officer Involved Homicide Shooting

What? Another homicide in Phoenix? No way! Yup. Another one. This time it happened at an apartment complex.

The Phoenix Police Department are now going to have to investigate a police officer involved shooting that happened in downtown Phoenix.

According to the reports it happened close to First Avenue and Roosevelt Street. Police say that twenty-seven year old, Jonie Block is now wanted for a homicide that happened earlier in the day.

Sadly, fifty-five year old, Todd Landon was the one to lose his life when he was shot and killed. Landon was found with several gunshot wounds. According to people that knew Landon, he was a maintenance worker at the apartment complex and was well liked.

Friend Statement:

Todd was a very caring individual. He would always go out of his way to help you. He was a great person to know–caring, he loved people, he loved to interact with people as well. He’s going to be very missed. I hope he’s resting in peace now.

Landon’s work truck is sweetly covered in flowers to show love for their murdered friend.

According to the police Block was seen several hours after the first incident by a bystander at the Japanese Friendship Garden who had noticed that she was armed and then called the law enforcement.

Phoenix Shooter

Sometimes investigating a murder can be solved pretty quickly, I imagine. I’m not a police officer so I can’t say for sure anyways. Sometimes it can take years though and sometimes they never get solved.

A crime spree of any time can be pretty darn scary, a killing spree is terrifying! Phoenix had an unnerving experience recently when a crime spree that ended nine people’s lives and stumped the police for a few months.

Luckily, on a  Monday the police in Arizona announced that they had arrested the twenty-three year old man that had became known as the “Serial Street Shooter Case”.

Jeri L. Williams is the Phoenix Police Chief told the local news that they had linked the shootings to Aaron Saucedo. The young man had been in custody since his arrest on April 19th.

Cheif Williams said that he was rebooked on Monday into Maricopa County Jail on the 26th for additional felony counts, which include: eight of homicide, three of attempted homicide, and several drive by shooting and aggravated assault. Talk about about a busy kid.

Chief William’s Statement:

This case plagued our community for more than a year, as the mayor mentioned to you, and left behind a trail of victims that included mothers, sons, brothers, sisters and families still mourning the loss of their loved ones.

The City, County, and Federal Law Enforcement have all put in a ton of hours investigating this case. They’ve had thousands of tips leading to Saucedo’s arrest.

The shootings have happened for months, heck YEARS and the police still have no clue as to why he would do this.

U.S. Marshal, David Gonzales’ Statement:

It’s been said that a serial killer is like a chameleon, and that’s what made this case so frustrating.

Luckily, the court has a pretty huge case against this guy, He probably will spend a good amount of time behind bars. However, he is extremely young, there’s always a way around actual time served. Let’s hope he does serve his time because no one deserves to lose their life for  no reason, this kid just wanted to shoot someone? He need mental help and he needs to stay away from society for a very long time.

Phoenix Homicide Lawyer

Criminal Defense Cases

If you have been charged with murder, the attorney you choose to defend you will likely be one of the most important decisions you ever make. Obtaining a strong defense could be the difference between freedom and a life behind bars.

 

At the Phoenix based Offices of Criminal Defense Lawyers PLLC, you will find the experienced, dedicated and highly skilled trial attorneys you need to protect your rights. Each of our attorneys made a conscious decision to become a criminal defense lawyer. We could have chosen any other field of law, but defending the freedom and liberty of people who are facing the possibility of incarceration was our first choice. We believe strongly that skilled and passionate defense attorneys can make a difference in the lives of their clients. We go into every case feeling that we can make that difference.

 

Hiring the Right Homicide Lawyer in Phoenix

Having a skilled homicide defense attorney is important in any criminal case, but it is even more critical in a murder case. To properly defend a client against a murder charge, a defense lawyer must be prepared to effectively challenge the prosecution’s evidence. To do so, a Phoenix Murder Defense Attorney must be prepared to effectively cross-examine the prosecution’s witnesses, including any expert witnesses.

 

Expert Witnesses

In some cases, a Phoenix Homicide Defense Attorney may need to use expert witnesses on behalf of the defendant to challenge forensic evidence, ballistics evidence and other scientific evidence presented by the prosecution. We are prepared to do so and have worked with expert witnesses in the past to provide a vigorous defense on our clients’ behalf.

 

In addition to fighting your charges at trial (or seeking a case dismissal for lack of probable cause), we can also negotiate with the prosecution to seek a favorable plea agreement. A plea agreement might involve a plea to a lesser offense or an agreement on sentencing that will significantly reduce the penalties you face.

 

Homicide Defense Strategy

We will take the time to talk to witnesses, investigate what really happened in your case, understand what evidence is in the prosecution’s possession, look for holes in the prosecution’s case, and determine if the police violated your constitutional rights or made other critical errors that can be used to your advantage.

We are committed to raising a strong and comprehensive defense on your behalf. Depending on the facts of your case, the following defenses and strategies may be helpful:

 

  • Self-Defense
  • Insanity
  • Mistaken Identity
  • Suppression of Evidence
  • Challenging DNA, Fingerprint Evidence and other Forensic Evidence
  • Challenging Ballistics Evidence (Relating to Firearms and Bullets)
  • Challenging the Reliability of an Eyewitness
  • Challenging Whether the Evidence Sustains a Murder Conviction
  • Negotiation with the Prosecution to Determine if a Plea Agreement Could

Significantly Minimize the Charges or Penalties you Face

 

We have defended clients against murder charges and other felony violent crimes. You can be confident that you will have a highly skilled and dedicated defense lawyer who will advise you of your rights, help explain the process and work diligently to seek the best possible outcome on your behalf.

 

Schedule a Free Consultation – Phoenix Homicide Lawyer

If you or someone you know has been accused of a Violent Crime such as Homicide, contact a Phoenix Criminal Defense Lawyer Today to Schedule a Free Consultation. With a wealth of expertise, a commitment to integrity and a passion for defense, the Attorneys at Criminal Defense Lawyers PLLC – Phoenix Criminal Defense Lawyers – are here to support you with your case. We believe every defendant has the right to a solid defense. Call us today for a free initial consultation at 480-351-6445.

 

Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445
https://www.criminaldefenselawyers.me