The main defense to Bank and Wire Fraud is "Lack of Knowledge". This occurs when a person is merely an employee of a business, or a non-involved partner who is basically "duped" into managing a business who's proceeds are the result of an illegal activity. This also occurs when there is a material misrepresentation or omission in a financial statement or an accounting record. Many times one devious business partner will ask another partner to "sign off" on certain loan documents or tax returns without telling the Defendant that the information contained therein is false and misleading (i.e., "Lack of Intent"). It is important to interview all of the parties involved to ascertain the Defendant's good character, and their partner's bad character. These defenses are quite complex (as are all "White Collar" cases) and involve many hours of records research by attorneys and expert witnesses. It is often beneficial to utilize a "forensic accountant" to also go through the documents in order to defend against the Government's allegations.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
1-888-8CANTOR 480-858-0808
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Broadway Road & 101 Freeway
2141 E. Broadway Road, Suite 220
Tempe, Arizona 85282
Not GuiltyComplete Acquittal |
04/03/09 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
03/19/09 |
Felony Animal Cruelty |
Not GuiltyComplete Acquittal |
01/26/09 |
DUI and DWI |
Not GuiltyComplete Acquittal |
12/18/08 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
09/16/08 |
Burglary, Possession of Burglary Tools, Criminal Damage |
Our most recent successes of more than 200 victories.
November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
