Generally speaking, the term “fraud” refers to allegations of a deliberate and wrongful misrepresentation for the purpose of personal gain. There are many specific types of fraud that are prohibited by federal law, including bank fraud, telemarketing fraud, tax fraud, and identity theft.

Additionally, federal law has criminalized the use of certain forms of communication in executing fraudulent activity, including use of the U.S. postal service and certain forms of online and electronic communication, referred to by the law as “wire communication.” While allegations of mail and wire fraud can be brought by the government as stand-alone cases, such charges may be coupled with additional charges regarding the alleged underlying fraud. In other cases, mail and wire fraud statutes may be used to prosecute an alleged fraud that is not specifically addressed by another statute, such as mortgage fraud.

These cases may be linked to alleged complex financial fraud schemes and, as such, can involve serious legal consequences, including the possibility of significant fines and imprisonment. In many cases, however, there are a number potential defenses that a skilled Virginia federal mail or wire fraud attorney can employ.

Elements of Mail Fraud

Federal mail fraud is defined and prohibited by 18 U.S. Code Section 1341. It has a scheme to wrongfully acquire money or property. The more common charges alleged include mortgage fraud, pyramid schemes, Ponzi schemes, and securities fraud. According to the Department of Justice’s (DOJ) Criminal Resource Manual, there are two key elements that the government must prove in order to establish that a person engaged in mail fraud:

• That he or she devised a scheme or intended to devise a scheme to defraud, and
• That he or she used the U.S. mail with the intention of executing or attempting to execute the fraud

If an individual is convicted, the penalties for wire fraud include a potential fine of up to $250,000 as well as maximum 20-year prison sentence.

Federal Wire Fraud

The federal wire fraud statute, 18 U.S. Code Section 1343, prohibits the use of electronic communications to carry out a plan to wrongfully obtain money or property. Generally, “electronic communication” refers to the use of the telephone, Internet, fax, or television. Some common federal wire fraud charges include accusations of identity theft, securities fraud, mortgage fraud, and investment fraud. The elements that the government must prove in a federal wire fraud case mirror those of the mail fraud statute, but require that the defendant used some form of electronic communication rather than mail. The DOJ’s Criminal Resource Manual lists the elements or wire fraud as:

• The existence of a scheme to defraud others, and
• The use of interstate wire communication to effectuate that scheme

Penalties authorized by the wire fraud statute include a fine of up to $250,000 and a prison sentence not to exceed 20 years. If the alleged fraud affects a financial institution or benefits connected with a major emergency or disaster that has been declared to have impacted the country on a national scale, the potential penalties increase to a fine of up to $1 million and up to 30 years in prison.

The exploitation of funds deposited in one’s trust or held by the employer for private gain is called embezzlement. Stealing any important information from the company and selling it for money to another party that can benefit economically from that information is also included in this crime.

From a law point of view, it could also be referred to, in a broader sense, as punishable conduct committed by public officials, consisting of theft, diversion, bad investment or improper use of funds or public funds. Say of those objects that have appreciable economic value belonging to the Public Administration, on the occasion of the exercise of their positions.

Examples:

Examples of workplace malfeasance typically include: having a “ghost” employee on a payroll, unauthorized money transfers between company accounts, having inactive accounts in accounting books or stealing money from the cash register.

Types of embezzlement:

• Computer-related embezzlement

If you are a computer expert and working as your company’s IT expert, then the allegations against you may be one of them as mentioned below,

Electronically skimmed every sale of your company and transferred it to your own account.

Inserted the logic code into the computer system of your company your that allowed it to transfer huge amount to your own account.

Inserted a technical and complex trojan horse program into your computer system of the company that let it automatically to perform authorized and unauthorized functions and also allows to transfer amount to your system.

• Negotiables embezzlement

If your job is to handle the company’s essential and negotiable documents then the allegations against you could be that you stole, altered, forged or somehow manipulated one or more of the following to obtain funds for yourself illegally:

• Refund authorizations
• Credit or debit memos
• Company checks
• Customer money orders
• Wire transfer embezzlement

The accusations could be that you illegally intercepted, manipulated or altered your company’s accounts to transfer money from one account to another of your own. One-way employees do this is by changing the payment instructions on documents coming into their company electronically or by fax.

• Credit embezzlement

The charge against you could be that you misused credit card numbers to embezzle using identity theft. Whether you had access to the credit card of your own company or those of your customers, it is the much easier thing for criminals to obtain illegal cash advances from other’s credit card.

• Cash skimming

Smallest and probably the easiest type of larceny, it involves casually stealing cash while on duty. Bartenders and cashiers are mostly involved in this type of larceny. During their normal job, they keep a little bit of cash for themselves without entering it into register or computer.

Is it a Crime?

It depends. In Virginia, this wrongdoing can be treated as a felony or a misdemeanor, relying on the condition of the case and, sometimes, the criminal history of the indicted individual.

Penalty :

The retribution for a first-time in-diction of embezzlement as a felony is one to 20 years of captivity in the state correctional facility, confinement in jail for up to 12 months, and/or a fine of up to $2,500. The offense as a misdemeanor is punishable by a maximal 12 months in custody and/or a fine of up to $2,500.  Virginia Criminal Code § 18.2-111.  Virginia Criminal Code § 18.2-95.  Virginia Criminal Code § 18.2-96. Virginia Criminal Code § 18.2-152.8.

Overview

To sentence an offender in the charge of embezzlement in Virginia under the Code section of §18.2-111, the Commonwealth should have to prove that the offender:

• fraudulently and wrongfully
• used, distributed of, hidden, or embezzled
• private property or money
• of other people
• that he/she received for other people or even though, from his or her employment.

The Commonwealth can do such things and also charge various cases of embezzlement as a felony, because, the offenders commit the crime as a third offense, and when a person attempt such crimes, he/she may consider as a class felony and can be faced with severe penalties include prison for years and a fine as well.

However, if someone attempts a fraud with you, he/she might be considered and charged with the larceny offense and even though, he/she may go through penalties which are assigned for the larceny cases.

So, it’s better to do not make such dishonesty with a person who is given you a property or money of his own, these types of larceny and embezzlement charges may provide you a kind of criminal record which might be staying with your name forever.

Elements of embezzlement

To defend a sentence for the felony crime of embezzlement in Virginia, the administration should have to prove that:

the defendant fraudulently and wrongfully changed, used, hidden or distributed the goods of another person with the intention to forever deny the legal owner of the use of those goods in the future,

the property or goods had been committed by someone else with the help of the defendant or by a value of the defendant’s job, office or status, and

the value of the goods stayed for $200 or more.

If the value of the property is less than $200, the defendant can be convicted of embezzlement as a misdemeanor.

However, when a person has been charged with the offense of embezzlement, he should have to prove himself innocent in a manner to further protect his career and lifestyle. If the court doesn’t manage to prove the person guilty, the person has an opportunity to seeing himself clear out the case.

It is essential to prove the defendant crime in the court, as the judges will never provide a punishment or penalty over the voices only, they need to see the evidence and other witnesses.

Penalty

The penalty for a first-time charge of embezzlement in the form of a misdemeanor, he/she may go through imprison for up to 12 months with a fine of $2,500. If the charge is for the second time offense, he/she may go through 5 to 10 years imprisonment with a fine of $2,500. Though, when the charge is third time offense, the case would be considered as a felony, and the person may go through 20 years imprisonment with a fine of $2,500. These penalties occur under the code section of § 18.2-95, § 18.2-96, § 18.2-152.8.

Overview

The charges of misdemeanor category are so common yet less dangerous in the form of penalty. Somehow, the charges of class 1 misdemeanor are included:

• Reckless driving
• DUI cases
• Aggressive driving
• Shoplifting
• Petit larceny
• Domestic violence
• Breaking traffic laws

These are the list of the charges you might be get arrested for in the class 1 misdemeanor in Virginia.

However, the penalties would be depended on the intensity and severity of the crime and as well as the court decision in Virginia. People should have to properly follow the laws and rules in Virginia if they really wanted to live a peaceful yet protective life ahead. How long should a person stay in jail for class 1 misdemeanor charges?

However, it always depends on the intensity of the crime, in somehow, an offender who has committed a crime in charge of class 1 misdemeanor might be going through a stay in jail for up to twelve months or even up to one year along with a fine of $2,500.

The penalties and stay in prison are all depending on the judgment of the court and the severity of the crime.

the penalty of the class 1 misdemeanor in VA

The penalty of committing a crime which is considered as a class 1 misdemeanor may be included:

12 months or up to 1 year stay in prison

With a fine of $2,500, not more than that.

Is a class 1 misdemeanor is dangerous than class 4 felony?

No, class 1 misdemeanor is considered the less dangerous and severe charges in Virginia. However, in a class 4 felony, the person might be going through imprison for up to 5 years with a fine of $20,000.

Though, in class 1 misdemeanor, the person might be going through 12 months to 1-year imprisonment with a fine of $2,500. So, apparently, the class 1 misdemeanor is less dangerous as compared to the class 4 felony.

How to find a good defense lawyer in VA?

Yes, you need to find a good and professional lawyer who is qualified enough to solve all the cases related to a misdemeanor as well as a felony. To find a good lawyer you need to notice some things while making an interview with the lawyer include:

Try to notice his intentions like is he are interested in listening to your case or not?

Try to ask random questions between the conversation to point out if he is qualified or professional enough to give the answer immediately.?

Try to check out his previous cases like is he are successful enough in solving cases related to your case?

Or even try to locate his location as well is his office is near to your place or not?

So, these basic points can help you out in finding a good lawyer as well as you can find a professional enough to fight your case further and make your life comfortable and protective as well.

Domestic violence is a major crime under all laws. There are countless cases where a spouse is found beating and abusing their partners, and many even go unreported. The reason for that is simple: most people are too shy to simply report the crime. However, if you knew a thing or two about the basic laws, you might want to consider filing a case against your partner.

Domestic violence is basically considered a type of behavioral pattern under local laws, and often used as a control method by spouses. Many men have been found guilty of abusing their partners, in their attempt to establish a powerful hierarchy in the relationship. The use of physical force in order to overpower someone, especially your partner or even psychological abuse is a major crime and can land the person behind bars as well.

Domestic violence is a pretty broad term, so it’s recommended that we break it down into different parts and different abusive behavioral patterns. To simplify matters, one can say that domestic violence can be further divided into five different parts. Physical violence, which involves hitting your partner, choking them, biting, kicking, pushing, or the use of weapons is one of the most harmful patterns of behavior and can lead to serious injuries.

On the other hand, emotional abuse can also be classified as a form of domestic violence. The use of humiliating and intimidating tactics like degrading the victim, or calling them names, or shaming them either in public or at home, are all examples of emotional abuse. Similarly, torturing the victims’ pets, or even destruction of their property are described as a form of domestic violence.

Sexual assault is one of the worst forms of domestic violence. Engaging in sexual intercourse, or even displaying sexual conduct against the will of the victim is also a form of abuse. Similarly, economic control, especially without the will of the victim, is also a form of domestic abuse. Money is needed for everyday living and sustenance, and economic control without the permission of the partner is a serious offence. Keeping information about finances, controlling the finances of the family, or discouraging or forbidding employment are all forms of domestic violence that need to be discouraged.

Another form of domestic violence that isn’t talked about frequently is neglect. If your partner is constantly neglecting you, even in times of need, you might want to think about filing a charge against them for domestic violence. If you want to file a domestic violence charge, you will need to find an experienced attorney who specializes in such work. An experienced attorney who has worked in this field will be able to give you a much better analysis of your case and make it easier for you to figure out what will happen if you persist with the case. It’s important that you talk to your attorney to determine whether what kind of respite or compensation you can get if you win the case.

In the state of Maryland, child molestation comes under the heading of child abuse. It is a wide category and all the crimes that come under it are heavily punished and no stone is left unturned in getting the justice served. A crime against a minor is not something that should be taken lightly and in Maryland, since there are a few cases of child abuse every day, each case that is known, is treated very carefully.

Being accused of a sex offense in Maryland, especially one that involves a minor is a very serious and grave accusation. These accusations are not made around casually. There is usually something there to back it. In such a case it is not advisable for the accused to proceed without contacting a good defense lawyer. An experienced lawyer is very important in such a case because he or she knows the rights of everyone involved including the accused person.

A great defense lawyer will have a team or people who are dedicated to their clients and he or she will try to do everything to turn the situation into their client’s favor. They are very well versed in laws and their suitable punishments. They know very well how grievous the situation is if the accused is charged with a charge of child molestation or child pornography. These are extremely serious charges and they should never be taken lightly. If you land opposite to a good prosecutor, he or she will make sure that you are prosecuted with complete severity and that you receive the maximum amount of prison sentence along with a hefty fine and that you are registered on the sex offender’s list.

After being convicted with such a sentence, you will have to let go of certain aspects of life if you are placed on the sex offender’s registry. It is a horrible turn of events and you might never be able to find suitable employment or a decent place to live in. Everyone who knows you will look at you like you are a pervert. Nobody wants to live in the same neighborhood as a sex offender, neither does anyone wish to work alongside one.

An experienced defense attorney will come up with a solid defense plan for your case. He or she will carry out a specific search for evidence that can turn the case into your favor. There are many cases in which a couple is fighting a custody battle and one spouse can blame the other one with a sex crime against the child in order to get an edge in the custody battle. If that is the case then a good defense attorney will be able to figure it out and he or she will get the charges cleared. It is very important to find out the basis of the accusations. If they are authentic or being fabricated. In case if the accusations are wrong and the defense attorney finds out that he or she is going to try his or her best to turn the case around so that you never have to face the insides of a jail on a misplaced conviction.

There are two components of Virginia’s juvenile law: On the one hand, the juvenile dependency system protects children from abuse or neglect on the part of their parents or guardians. On the other hand, it also deals with misconduct that involves children who have been arrested for committing crimes.

In most cases, young people are treated very differently than adults in the criminal justice system. Although there are cases in which children are judged as adults, most of those under 18 will be accused of minors. The most notable distinction between the juvenile law and the adult justice system is that the juvenile system puts much more emphasis on rehabilitation. Another difference is that minors are only entitled to a jury trial on appeal after they have been found guilty or “criminals.” A similarity between juvenile and adult justice systems is that children have the constitutional right to be represented by a Fairfax juvenile defense attorney.

If drug charges are implemented on your child, and he is arrested, then you can get more information about our Fairfax drug lawyers. If your child has been charged with property destruction, you can get more information about our Fairfax property destruction attorney.

After a Child is Arrested, When Will They Appear in the Fairfax County Juvenile Court?

As a Fairfax juvenile defense attorney, I often receive this question, and the answer is that the Fairfax County Juvenile Court, like the juvenile courts in almost every other county in Virginia, follows the standard procedure of the juvenile law of Virginia. That procedure is the following:

If a child has been arrested and taken into custody, the Virginia juvenile law requires that the child is immediately released to a parent or guardian or held in custody until it appears in the Fairfax County juvenile court. If the child is not released immediately, then the juvenile process will begin with a detention hearing to know that if the child is in custody until the case is finished. By Virginia law and juvenile procedure, this hearing must occur within three days of the child being taken into custody. If your child is facing a hearing, it is imperative that you contact a Fairfax juvenile defense attorney immediately.

To determine whether a child should be released to their parents or guardians, a judge of the Fairfax County Juvenile Court must consider the intensity of crime of the offense. If there is any previous crime and if the release of the child can represent an unreasonable risk of danger to others or the life or health of the child. Using your best judgment and absolute discretion, a judge will determine whether to keep a child in custody until the end of the case or will immediately hand it over to your parent. If you hire a Fairfax juvenile defense lawyer, then mostly child will be released. 

Virginia Juvenile Trial Procedure

In the trial, the judge will act as fact finder and make the final decision of whether the child is guilty or not. Like a trial of an adult offender, Virginia’s juvenile law requires the prosecution to prove that the child is guilty beyond a reasonable doubt. If charges are declared, the child will be sentenced to probation, fines, transfer to a foster home. If the petition is withdrawn, no sentence will be imposed.

Your order will only be good for a fixed amount of time. For instance, it might be useful for six months or for a year. When you read the order, you will see that it says once the law expires.

When you get your order, you will see that you have a court date set up for the day your order ends. If you still need the law at that point, you can again go to the court and request the judge to brand the bill for another year. It does not matter if something fresh has occurred between court hearings. What matters is if you are still fearful that the insulting person will hurt you or your child.

If you don’t go to court on that day, your order will expire on that day.

Remember

Orders for guardianship, child provision or visitation filed on 209A protective order will also expire with the protective order.

If you want the protection, provision, or visitation orders to last but you do not wish your 209A order to continue:

• you need to file a fresh case in the Probate & Domestic Court;
• You must also submit a motion for temporary custody, child provision or parenting period when you register the new suit. Provisional orders might permit you to keep the care and rule the same while you wait for your unique trial to be definite.

Can I get a lasting 209A protective order?

Yes, a judge can offer you a lasting defensive order.  The magistrate cannot brand your first order enduring, but the magistrate can brand the following order permanent. When your opening order expires, you can request the judge to give you a lasting order.  Moreover, you can ask for a permanent rule at future hearings when you seek the court to extend the law for a second or third period.

Juries do not brand orders permanent in most cases. They only brand orders enduring when people require permanent injunctions. If you think you expect a permanent rule, inform the magistrate why you need it.

It is a decent idea to talk to an advocate or an attorney for additional information about receiving a lasting defensive order. To speak to an advocate, contact SAFEPLAN. Call your essential legal services agency to see if you can acquire free assistance.

Solicitation of prostitution from a minor is a situation where a minor is induced into prostitution, it is a form of sexual exploitation of children this can happen in a number of ways. Child trafficking is one of the ways in which child prostitution manifest itself. Children are kidnapped and sold for this purpose the child engages in these activities and in return is given basic shelter and food. Child prostitutes are mostly between ages 11-18, they come from broken homes and lured into this kind of atmosphere by older men or people who look for vulnerable children.

United nation has declared child prostitution as illegal under various international laws, many organizations and campaigns have been created to stop this act and to create awareness against its existence.

If a is a person convicted of this act the prosecutor must prove without reasonable doubt that the defendant has induced a child in sexual activity, or has played a part in assisting someone else in this activity. If a person is convicted of soliciting a minor into prostitution he/she will face a minimum three year state prison sentence without probation and parole the reduction in the sentence will also not be possible, person guilty of this crime may also face five years in prison and a fine of $5,000 should have to be paid as well. If a person is found to be deriving financial support from child prostitution it should be noted that for this crime to be proven the prosecutor must prove that the defendant has derived financial support from prostitution committed by a minor and that the defendant knew that these earnings came from prostitution but the prosecutor doesn’t have to prove that the defendant knew that the prostitute was a minor. If convicted the culprit will face a mandatory minimum five years imprisonment and a $5,000 fine. The sentence could be reduced but parole and probation won’t be considered. A person may face life imprisonment. Engaging in sexual conduct with children under 18 years of age is a criminal offense under many laws.

Even though the guilty are sent for their punishment but child prostitution can leave everlasting psychological and physical effects on the child, these malpractices can cause vaginal tearing, physical effects of torture, depression, infection and unwanted pregnancies. Children gone through this trauma deal with psychological effects which can severely damage their mental and physical health. These activities are prohibited and according to United Nations, the state shall protect children from sexual abuse and exploitation, including prostitution and involvement in pornography.

Consequences for offenders vary from country to country in China all forms of prostitution is illegal, and people can face serious imprisonment whereas in the United States of America the penalty for engaging in prostitution is five to twenty years in prison. Prostitution of children happen in all the countries and serious measures should be taken for its prevention as vices like these can only be eliminated through joint effort.

Traffic violations in Virginia

Traffic infractions are violations of Title 46.2 of the Code of Virginia that is not sanctioned as minor crimes or criminal offenses but are typical traffic tickets. It is a lien for a non-criminal misbehavior that is resolved with the payment of a fine and sometimes a sanction of points in the driver’s license.

Unlike a misdemeanor or criminal offense, an offense is less severe and only causes fines, while a misdemeanor or criminal offense would surely involve a prison and an impact on your criminal record. Moreover, the penalties for an infraction eventually disappear, however, a misdemeanor or criminal offense (if there is a conviction) will remain a criminal antecedent forever.

Some examples of offense include:

• High speed
• Lack of a headlight or rear
• Failure to fully stop at a red light before a turn to the right
• Failure to stop at a red light
• Very close rear tracking
• Where are traffic infractions processed in Virginia?

Traffic infractions are handled in the district court in Virginia. Most can be pre-paid, which means that the person can also pay the fine without having to appear in court.

Can a traffic ticket be appealed?

Any case that is processed in the district’s general court can be appealed within ten calendar days. The appeal determines that the case is heard. This means that there will be a new trial as if the first trial had never taken place.

Minor Traffic Crimes

In Virginia, there are several traffic violations that are also considered misdemeanors. The most commons are:

• Driving with a driver’s license that is no longer valid
• Driving without a license
• Drive recklessly

The difference is that a misdemeanor can result in imprisonment and also appear in the criminal record while a violation is simply a violation of the public code and not a violation of criminal level. However, such as traffic infractions, misdemeanors are also processed in the General District Court.

Can a conviction for a misdemeanor be appealed?

There is an absolute right of appeal within ten calendar days in the district general court, which is where these cases are processed. The process of appeal is simple; it only requires filling out a form and presenting it to the office of the Secretary of the General District Court. The case is delivered to a new judge in the Circuit Court for a new trial, where the proceedings are initiated as if the first trial had never taken place.

What are the probable penalties in a traffic misdemeanor?

Because it is a transgression of a misdemeanor, the possible penalties include:

• Prison
• Penalty fee
• Suspension of driver’s license

The severity of the penalty will depend on the nature of the accusation, the history and background of the defendant, and the circumstances surrounding the event. 

Criminal Crimes of Traffic

Criminal offenses are the most serious crimes in the Virginia system. The penalties are more severe than those of misdemeanors and infractions, and the conviction takes place in a correctional institution and not in a Virginia county jail. Because it is a crime with a criminal conviction, it is also registered in the person’s criminal record forever.

Examples of Criminal Traffic Crimes

A third violation for drunkenness (DUI), run over with flight when there are victims, or property damage of a thousand dollars or more, are some of the criminal offenses.

After the court filing and the preliminary trial procedures, which take place in the district’s general court, cases of criminal offenses take place in the Circuit Court.

Can a conviction for a criminal traffic crime be appealed?

You have the right to appeal, but only if there has been an error in the legal process. Unlike an appeal from the General District Court, an appeal by the Circuit Court, which is where criminal charges are prosecuted, will not be accepted just because someone disagrees with the outcome of your case.

It is also not a simple process since you and your lawyer will have to prove that an error has been made during the initial trial. Appeals from the General Court are made through a Petition to the Court of Appeals of Virginia. An appeal notice must be filed within thirty calendar days of the date of the conviction.