Criminal Attorney - Common Reasons You'll Find Yourself in Need of One

What may begin as an innocent lunch date with a friend could end in murder. On the other hand, maybe you were involved in an argument that suddenly escalated to assault. Furthermore, sometimes people get in trouble by doing things at their job that they know is illegal. In the end, you'll need to find and hire a criminal attorney quickly. This is the only way to rest assured that you will have a pro working hard to get you out of trouble. Examine some of the most common reasons you'll need the help of a skilled lawyer today.

Many times, people get in trouble simply by trying to outwit their co-workers, the company system, the IRS, or something else. Usually these offenses aren't physically violent, but cause terrible damage all the same. For instance, if you are some type of financial planner that cheats people out of their retirement, this is a serious offense, known as a white-collar crime. In addition, there are other offenses such as failing to pay your taxes, forging documents, filing false insurance claims and much more. Hiring a seasoned criminal attorney is your only hope in your quest to clear your name.

In addition, some people let their emotions get the best of them and what starts as simple disagreement, quickly escalates to a full-on fight. Once it's over and all the dust has cleared, you may find yourself charged with assault. Even if you were trying to defend yourself, that may not come out until a trial. In any case, you need a criminal attorney asap.

Furthermore, hanging out and having a drink with friends is usually no big deal. However, the problem arises when you try to get behind the wheel when you're in no condition to drive. Yet, if you don't have anyone to take your keys, you could get behind the wheel, crash your car, or worse, kill someone. In the end, if you make it out with your life, you'll be charged with driving while under the influence and will need proper legal representation to help manage your case.

Everyone knows not to take things that don't belong to him or her. However, if you think you can do it and get away with it, you'll eventually find yourself in a world of trouble. Being charged with theft is a big deal. This isn't the same as a misdemeanor crime, such as stealing a bar of chocolate. Instead, you may have broken into someone's home, robbed a jewelry store, or something of that nature. There's no way you could clear your name on your own, so hiring a criminal attorney is a necessity.

No matter what the situation is, if you are charged with any type of offense, getting the right legal help is a must if you plan to get your life back.

A local San Jose criminal attorney can help you beat the charges against you and get the justice you deserve. Learn more at http://www.summitdefense.com/.

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Four Common Violations by Securities Brokers and Registered Representatives

It is an unfortunate fact that securities fraud is rampant in the financial services industry exposing unsuspecting investors to major losses. If you are involved in a securities arbitration proceeding or if you feel you are the victim of securities fraud, speak with an experienced securities fraud attorney to explore your options.

Below are four of the most common violations by securities brokers:

1. Broker Recommended Unsuitable Products in Violation of the Suitability Standard

Under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, brokers may recommend only those securities and investment strategies that are suitable for their customers. See 15 U.S.C. 78j(b), and 17 C.F.R. 240.10b-5. For a recommendation to be considered suitable, a broker dealer must, consider a client's investment objectives, carefully study the proposed investments, and clearly explain the risks associated with the proposed investment to the client. See FINRA Rule 2310. Brokers or advisers will often market financial products as safe investments when the products are in fact very risky with a real risk of loss. Such risky products are often not in line with a client's allocation objectives. Furthermore, brokers and advisers often do not carefully study the proposed investments prior to recommending them to clients. These and other such failures strongly support a finding that unsuitable products were recommended to the client in violation of the suitability standard.

2. Broker Engaged in Misrepresentations, Omissions and Common Law Fraud

Similarly, under section 10(b) of the Securities Exchange Act and Rule 10b-5, a broker may not misrepresent or fail to disclose material facts in the sale or recommendation of an investment. The common law fraud doctrine provides a similar protection for investors under state law and generally provides that a broker dealer must not knowingly make misrepresentations or omissions of a material fact upon which an investor relied to the investor's detriment. All too often, senior managers will instruct their brokers to convince clients to purchase and hold risky funds without the proper disclosure to clients. Such actions point to fraud, misrepresentation or omission in violation of Rule 10b-5 and the common law fraud doctrine.

3. Broker Engaged in Excessive and Unnecessary Trading ("Churning")

It is well settled that brokers may not engage in transactions that are excessive in view of the nature of the customer account in order to gain additional commissions. In order to prove that such churning has occurred, a claimant must show that the respondent had control of the account in question, that excessive trading did in fact occur and that the respondent had the intent to deceive, manipulate or defraud. See generally Carras v. Burns, 516 F.2d 251, 258 (4th Cir. 1973). The intent element can be shown by evidence of a high turnover ratio which is inconsistent the customer's stated interests. See generally Mihara v. Dean Witter & Co., 619 F.2d 814, 820 (9th Cir. 1980). With non-discretionary accounts, the control element can be met where the client routinely follows the recommendations of the broker. Id. A red flag is where one finds a number of "in-and-out" trades in seemingly comparable equity securities resulting in a turnover ratio which is unusual for a typical client account.

4. Broker Breached their Fiduciary Duty

Generally speaking, brokers have a duty to act with the highest degree of honesty and loyalty and in the best interest of their clients as to matters within the scope of the broker-dealer relationship. See for example Leib v. Merrill Lynch, Pierce Fenner and Smith, 461 F. Supp. 951, 953 (1978). These duties include recommending securities only after careful study of risks, adequately informing the client as to risks involved with each transaction, and refraining from misrepresenting or omitting any fact material to the recommended transaction. Id. A fiduciary duty to provide ongoing review, analysis and support with respect to investment recommendations may also arise in instances where there is more than an arms-length relationship between the registered rep and the client. Id.

Disclaimer: The content of this website has been prepared for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without first discussing with counsel.

Ayodeji Badaki Esq. is an experienced attorney with an LL.M. from the Georgetown University Law Center. The Badaki Law Firm represent clients in a variety of subject areas. Visit us at http://www.badakilawfirm.com/ or email info@badakilawfirm.com for a free initial consultation.

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Common Mistakes of Filing Taxes

The I.R.S. sees a lot of tax returns. People make mistakes. You can see where I'm going with this: People screw up on their tax returns. Some of these errors are easy to avoid, while some are more complicated. Regardless of how minuscule or how severe, your life is affected through stress, the cost of time, fees and maybe even jail time. Using a tax preparer or electronically filing through a website are the best ways to avoid these errors. Even if you use a preparer, file yourself or file electronically you still need to be aware of the most common mistakes people make preparing their taxes, as listed by the I.R.S.

First, incorrectly filing your relationship status can kill your eligibility for several exemptions. Some of these exemptions are the child tax credit, the earned-income credit, and exemptions for dependents. Your marital status is determined as of December 31. Anything before that date is irrelevant for tax purposes. You can file either jointly or married filing separately.

Next, people mess up a lot on omitting or using incorrect social security numbers. The numbers you use not only for yourselves, but also for your dependents must match their social security card numbers. Otherwise the computer will reject your credits and even deductions! This can be done both ways, as sometimes even the I.R.S. can improperly input social security numbers.

The most easy mistake people make is failing to sign and date the return. Both spouses must sign the return, and it must be dated correctly to even be considered filed. Not filing on time because of a simple mistake like that can still result in all kinds of penalties, loss of return or even perjury. The I.R.S. will notice, trust me.

The paper trail is another avenue people can screw themselves out of. Receipts can mean more savings and are concrete proof for deductions. Their fragility is their undoing though, as you can easily lose proof of your expenditures if you do not handle your paper trail effectively. All charitable organizations you make donations too need to have some kind of written proof you actually gave to them to write off on your taxes. Paperwork to prove property tax and mortgage deductions also are required to reap the benefits.

Finally, this list would not be complete without a good old failing to report all income. Some incomes can't be recorded on a W-2 or a 1099. Just because it isn't recorded, definitely doesn't mean you don't have to pay taxes on it. In fact, not reporting income will flag you for an audit, and your receipts and bank deposits will be seized. Not reporting these incomes also comes at the steep price of criminal sanctions and even jail time.

These are not the only miscalculations or errors you could make. I'm sure the list could go on for as long as there is information to be put on the returns, but these are the most common mistakes we make filing our taxes. Knowing these and educating yourself to take the time to double-check your information, and using a reliable tax assistant or program to file electronically will more than double your chances of having a successful return.

For electronic filing use http://onlinetaxpros.com/! Electronic filing is the wave of the future, and can get your return faster and easier than regular filing, at a better price than having a preparer file your taxes for you.

Mr. Holbert is a representative of onlinetaxpros.com. Use our software to get the best return the fastest. We will stand by you in the event of an audit as well. Check out our site to get your taxes done right this year!

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