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RICO Attorney David Michael Cantor on What to Do if You’re Charged with RICO or Racketeering

If you have been charged with RICO or Racketeering, you’re going to require a skilled RICO attorney. Below is a video about Fraudulent Scheme, a relative topic to RICO.

The main defense to Illegally Controlling or Illegally Conducting an Enterprise/Racketeering (RICO) 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 whose proceeds are the result of an illegal activity. This is very similar to the defenses used in Money Laundering, however, it may also involve a person selling land or investment contracts which they do not realize are actually unregistered securities. In addition, a person may well believe all of the materials that have been placed in an advertising brochure without realizing that there are misstatements and fraud involved.

Click here to learn more about possible defenses and/or punishment for a RICO or Racketeering.

 


What to Do if You’re Charged with Domestic Violence

If you have been charged with Domestic Violence, you’re going to require a skilled Phoenix Defense Attorney.

The most common defense utilized with regard to Assault or Domestic Violence Assault is “Self Defense” or “Justification”. In most assault situations, the alleged “victim” will often be the one who makes the first aggressive movement towards the person who has been charged. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol, and then attempts to push you or grab you, if you simply pull away they may lose their balance and injure themselves. You now automatically become the prime suspect because you were not injured, but they were.

Click here to learn more about possible defenses and/or punishment for a Domestic Violence charge or Felony Aggravated Domestic Violence.


What to Do if You’re Charged with Kidnapping

If you have been charged with Kidnapping, you’re going to require a skilled Phoenix Criminal Lawyer.

The most often seen defenses to a Kidnapping charge will be based on “Consent”, or “Lack of Intent”. These charges are normally brought up in domestic disputes where a family member or a child is taken by one parent in a vehicle, or they are not allowed to leave the house during an argument. This particular charge is probably “over-charged” by the Prosecutor more than any other serious felony in Arizona. It will be important to interview as many friends and family members as possible to demonstrate the on-going relationship between the parties.

For example, if parents are simply fighting within the household and a child or third person gets scared, this does not necessarily rise to the level of “placing a third person in reasonable apprehension of imminent physical injury to the victim”. It is very important to prevent the Prosecutor from turning a simple Domestic Violence situation (i.e., a misdemeanor) into the very serious felony of Kidnapping.


What to Do if You’re Charged with Prostitution

If you have been charged with Prostitution, you’re going to require a skilled Phoenix Criminal Law Lawyer.

One of the strongest defenses to Prostitution is “Entrapment”. Entrapment occurs when an undercover Officer gets a person to agree to something they would not ordinarily agree to by coercing them or overbearing their will. For example, if an undercover police officer utilizes the service of a “private dancer” or “escort”, and then begins offering extremely large amounts of money to induce the dancer or escort into a sex act, this can be argued as Entrapment. Many times these “private dancer” services do not allow any type of touching or physical contact between the dancer and the patron. However, the old adage “everyone has their price” sometimes is utilized by the Officer to the dancer’s disadvantage. Other times, Officers “jump the gun” and make an arrest prior to an actual agreement taking place. It is important to see whether money actually changed hands, or whether there was any initial physical contact which would indicate that a true act of Prostitution was about to take place.

Visit our main website to learn more about possible defenses and/or punishment for a Prostitution charge.


What to Do if You’re Charged with Child Molestation

If you have been charged with Child Molestation, you’re going to require a skilled Phoenix Criminal Law Attorney.

Many times these Child Molestation, or Sexual Conduct with a Minor, charges arise during the pendency of a divorce proceeding. In other words, the Defendant’s soon to be ex-spouse, or an angry teenager who wants her father or step-father “out of the picture”, will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

To learn more about the punishments and defenses, visit this web page to learn more about a Child Molestation charges.


What to Do if You’re Charged with Reckless Driving

If you have been charged with Reckless Driving, you’re going to require a skilled Phoenix Criminal Defender.

With a Reckless Driving charge, it must be shown that a person drove with reckless disregard for the safety of “persons or property.” If other vehicles were no nearby (i.e., within “striking distance”), then it can be argued that nobody was put at risk. The same would apply for property. If it did not appear that a person was going to strike any other property (such as parked cars, buildings, fences, etc.), then this can serve as a defense. Merely driving fast and weaving in and out of traffic does not qualify as Reckless Driving. In fact, it might qualify as “Aggressive Driving” or “Drag Racing”, but not “Reckless Driving”.

It is important to try to argue for the lesser charge of “Aggressive Driving” because that is a civil violation (not a criminal violation), and therefore, no jail time can be imposed. In addition, the Judge cannot suspend your driver’s license for an Aggressive Driving, whereas they can suspend it for a Reckless Driving. It will be important to interview all potential witnesses who were nearby (or passengers in your car) in order to demonstrate that you were not driving recklessly.

 


What to Do if You’re Charged with Arson

If you have been charged with Arson, you’re going to require a skilled Defense Attorney for Arson.

The key to defending an Arson charge is showing that a person did not “intend” to burn a structure or property, but that they also did not “knowingly” do so (i.e., “Lack of Intent” and “Lack of Knowledge”). For example, if a camper merely lights a campfire, and then it unintentionally spreads out of control, this would not necessarily qualify as Arson. In addition, there are numerous household accidents which could result in a structure being burned to the ground.

The problem arises when an insurance company unfairly attempts to shift the blame onto the Defendant, rather than paying off an expensive claim. It is important to analyze all aspects of the Detective’s report to determine whether they have misconstrued any of the evidence. It may also be necessary to utilize our own investigator in order to look for faulty wiring, faulty gas line hook-ups, defective appliances, and things of this nature.

Also view this video about Criminal Damage from David Cantor:


What to Do if You’re Charged with Underage Drinking and Driving

If you have been charged with Underage Drinking and Driving and you’re a minor, you’re going to require a skilled Arizona Juvenile Attorney.

The main dui defenses for Underage Drinking and Driving are:

  • “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
  • “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive.
  • “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
    • is 50 pounds or more overweight
    • has any back, hip, leg, knee, or ankle injuries
    • has any disability effecting balance
    • is wearing shoes with heels two (2) inches or higher

Click here to learn more about possible defenses and/or punishment for Underage Drinking and Driving.


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