Criminal Federal Lawyer

WHY CONDUCT A CRIMINAL BACKGROUND CHECK?

Prospective employers, landlords and business people ask this question when considering an individual for employment, property rental, or as a business associate. Follow through with a criminal records check to be absolutely certain that the person under consideration is as trustworthy as they may appear to be in an initial interview or a check of their paperwork.

THE IMPORTANCE OFA CRIMINAL RECORDS CHECK

1) Workplace Violence – Acts of violence against a co-worker can be devastating. Even the simple threat of violence can cause panic or havoc. A criminal background check may reveal a record of past violence, which might be a deciding factor concerning a person’s character, as often there is a propensity to re-offend in the future.

2) Negligent Hiring – Employers have been the subject of large jury verdicts for negligent hiring in cases where they hired a person with a criminal record who later harmed others. An employer can be found liable for negligent hiring.

3) Employers Legal Duty – To insure a safe workplace, employers should exercise due diligence in the hiring process. Checking criminal records demonstrates due diligence. The same need for due diligence can be applied to landlords if they rent to a tenant who later is proven to have been responsible for property loss, damage or violence against others.

4) Childcare Institutions, Nursing Homes, and Hospitals – Caregiver institutions should exercise extra caution when recruiting personnel. Does the prospect have a record of child molestation or a history of violent behavior or drug abuse? These institutions can be held liable for any harm brought to their clients or patients by an employee who was not properly screened. Jury awards in such cases can be devastating to the institution.

5) Government Contractors – Industries that execute government contracts should not hire employees with an anti-establishment disposition or with a felony record or a terrorist connection. Conduct criminal background checks for both national security and to guard against loss of contracts.

6) Neighborhood Communities – Community watch groups or homeowner’s associations should conduct criminal record checks to assure that individuals planning to move in do not have a criminal background.

7) The Internet – The biggest dangers one confronts online are frauds and sex crimes. Face-to-face meetings set up after online acquaintances develop can end up as an unpleasant or dangerous experience for one party.

CRIMINAL RECORDS CHECK: BASIC INFORMATION

Subject’s FULL name, aka’s. Date of Birth (DOB). Offenses/dates. Dispositions or convictions/dates.

Criminal records information is obtained from county and state criminal court records, federal fugitive files, DOC files, and sex offender databases. Each level of search provides important information:

1) County Criminal Searches – This search offers the most current detailed information, as it is being retrieved from the source. Note: If a crime was committed in another county your search will not reveal the crime committed in that county. Search the records in each county where the applicant is known to have lived or worked.

2) County Criminal Databases – Not all counties maintain their criminal records on database. If a name match is made, the actual records must still be retrieved for review from the county courthouse. In many jurisdictions, older records have been placed in storage

3 Felonies & Misdemeanors – Most counties maintain separate records for felonies and misdemeanors. In some counties felony and misdemeanor records are maintained in a combined index. Felonies are the more serious crimes that carry a greater potential punishment, but misdemeanor convictions can include assaults, threats, weapons charges, and drug or alcohol related crimes. Don’t assume that misdemeanors are simply related to traffic laws or noise ordinances.

4) Department of Corrections (DOC) – The state DOC search yields information about current and past incarceration.

CONDUCTING THE RECORDS SEARCH

Criminal records are indexed by name and DOB. Make sure the name and DOB are correct! Run a database name search and address history BEFORE attempting criminal records search.

Fact: Crimes are usually committed near the perpetrator’s home. Forty-three percent of inmates spend time in prison for crimes committed in their own neighborhoods.

The task of searching records can seem daunting. The good news: there are public record researchers at every courthouse in the United States. It is their job to provide assistance for those not familiar with utilizing court records. You’ll need full name and DOB.

Ask: “Which jurisdictions are included within the state I’m searching?”

Computerized Records – Most jurisdictions have computerized their criminal records.

Criminal Records Accuracy – Not all statewide records depositories are accurate. Some statewide systems are only clearing houses for those counties that choose to deposit records.

Driving Records – Department of Motor Vehicle driver history records are available, but you’ll need a permissible purpose for requesting the records. If the prospective employee will be driving as part of their job performance, and will be using a company owned vehicle, run this check.

IMPORTANT RECORDS TERMINOLOGY

1) Nolle Prossed ‘means, “We shall no longer prosecute.” It is an admission by the prosecution that there is a lack of evidence to pursue the case. It is also used in plea bargains. It is different than a “dismissal” because the prosecution drops the charge; not the judge.

2) Adjudication’ This is an agreement between the defendant and the courts to clear the charge from the docket. For this to occur, the defendant has agreed to complete some sort of arrangement, such as a fine, community service, etc. If the defendant fails to hold up his or her end of the agreement, he or she will be convicted of the charge and sentenced accordingly.

3) Disposition – The final settlement of a matter, and represents a judge’s ruling, regardless of the level of resolution. In a criminal procedure, disposition is the final settlement of a criminal case.

4) Sentence- The punishment for the crime, a judgment formally pronounced by the court or judge upon the defendant after his/her conviction in a criminal court, which dictates the punishment to be assigned. It can vary from a fine to incarceration or probation. The term “sentence” is only used in criminal proceedings. In civil cases, the terms “judgment”, “decision”, “award”, “finding”, etc., apply.

NATIONAL DATABASES

United States District Courts – The federal court system is entirely separate from the state court systems. Federal crime can be offenses such as large-scale drug cases, bank and financial fraud, or other violations of federal laws. Depending upon what county and state records searches uncover, it may be important to check into federal records to gain a full and accurate picture of a subject’s criminal activity.

Criminal indexes are also maintained at county/parish, township/city levels throughout the USA.

National Crime Information Center (NCIC) – Contrary to popular belief, there is no national database of criminal records available to private citizens or employers, therefore, there is no such thing as a national criminal records check. There is one “nationwide” criminal database, the FBI’s National Crime Information Center (NCIC), accessible only criminal justice agencies, the FBI and state law enforcement.

National Wants and Warrants: One may search for individuals who have outstanding and extraditable Federal and State warrants in the USA.

INFORMATION PROVIDERS

When engaging the services of an information provider, look for a good public records research company that has direct connections to multiple proprietary databases and a nationwide network of skilled on-site court researchers to compile complete criminal background checks.

DENIAL OF EMPLOYMENT

Because a prospective employee’s name shows up in a criminal records database does not necessarily mean that this person should not be hired, especially if he or she is qualified in every other manner. An employer should not automatically deny employment based upon discovery of a criminal conviction, but should consider the nature of the offense, whether it is job related, when it occurred and what the person has done since.

Most employment applications contain language that the conviction for a crime will not automatically result in a denial of employment. Automatic disqualification could be a violation of state and federal discrimination laws. An employer may deny employment if it can be justified as a business-related reason or if there has been a lack of honesty during the application process. Denial based upon a history of violence, sexual offenses or other serious criminal acts may be justifiable depending upon the prospective applicant’s duties, if hired.

Often, it is not the criminal record itself that disqualifies the applicant, but rather the lack of honesty regarding the completion of their application.

A person with a criminal record faces challenges in seeking employment. The employment application will ask if a person has a criminal record. If the person lies, they risk being terminated if a criminal record is later discovered. If the person admits the past misconduct, there is a risk of not being hired.

The best indicator of future job performance is past job performance. Ex-offenders are anxious to get back into the workforce to start making a living. Past job performance evaluations from former employers should also be taken into consideration.

Originally published here.

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Joe Hoover

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            Yesterday your client had a life.  That may change as a result of today?s indictment. 

            Yesterday your client was a businessman, an owner.  He was a husband and a father.  Today he faces the possibility of losing everything, his family, his freedom, his future, his dreams, and his reputation.  His life may be changed forever.

            Yesterday your client told people what to do.  His demands were met.  Starting today your client is in the grips of the government and he will be told what to do.

Yesterday your client was known for his power, his prestige, and his philanthropy.  As of today his name will be preceded by the title ?the defendant.?

           

Your client is going to be making certain critical decisions that will have an overwhelming impact on his future.  He will have to make these decisions at a time when he will be ill equipped to make them.  He will be suffering from massive stress and his family will be thrown into turmoil and fear.  His normal resources may be cut off and he is going to have to put his faith in others.  Even though he doesn?t want to trust anyone, he is going to have to trust you.

 

            He can trust you.  You are the criminal defense expert.  This is your business and this is what you do.  You are the lawyer.  You know the law.  All of your knowledge, training, experience, and resources are devoted to obtaining a successful outcome for your client.  So what?s the problem?

The problem can be summarized in a simple number, a statistic ? 93%.  Approximately 93% of all people indicted by the US Attorney?s Office are convicted.  And most of those spend time in federal prison. 

 

            Your numbers are better than that.  That is one of the reasons why you have the reputation and stature that you do.  Despite these well known and overwhelming odds, you are still able to win.  That is all your client wants.  Boy does he want you to win.

 

            So your job, your focus, is to navigate the time period between your client?s indictment and when he is sentenced.  Even in those rare instances where there is a trial, you?re essentially done when he is sentenced.  Great.  On to the next case.

 

But not so fast.  A few things have happened to your client in the meantime.  Chances are he is now a felon.  Chances are he is facing a prison sentence.  Chances are he is scared to death.  And chances are things happened between the indictment and sentencing that will affect how much of his sentence he has to serve, where he has to go, and what he will do when he gets there. 

 

Your white-collar client expects, as he always has, to have expert advice available to him to answer the questions that are consuming him and his family: 

?Where am I going to go??  We don?t know.  The judge made a recommendation but we don?t think the BOP is required to follow it.  ?What?!?

?What is it like in prison??  We don?t know because we?ve never been.  ?What!??

?What can I bring??  Check the BOP web site.  ?I did and it didn?t help.?

?What kind of people are there??  ?What will I do all day??  ?Is it violent??  ?Is there any way to get out early??  ?Can I bring my medicine??  ?Can I see my wife??  ?Can I see my doctor??  We don?t know.  Check the internet.  Maybe there are some books. 

 

I was indicted.  I was represented by fantastic lawyers and they did an amazing job.  And, as most are, I was also convicted.  Fortunately my lawyers really shined when it came to sentencing.  But, and this is a big ?but? for someone in my position, my lawyers could only help up to a point.  I had all of the questions your clients ask, and so many others.  But no matter where I looked I couldn?t get answers.  Consequently, I walked into federal prison apprehensive and anxious.

 

Truthfully, even if your client and his family are relentless with their questions, you can?t be expected to know everything.  And unless, heaven forbid, you actually go through this experience yourself, you can?t really know how to answer certain types of questions.  You can?t be expected to provide answers for things you don?t know, but your client doesn?t know who else to ask.  And your client doesn?t even know what to ask.

 

However, you didn?t get to where you are in your profession by being satisfied with what you don?t know.  If you don?t know something, you want to at least know where to go for answers.  You go to the experts for the advice you need.  But what are you supposed to do here? 

Let me tell you from my experience that your client will want to talk with someone who has been there, someone like him, a white collar professional who had been put in an untenable situation with no knowledge of how to navigate the ordeal.  And I know that he should talk to that person early enough in the process to make a difference. 

 

For example, the first serious thing that will happen to your client happens early, and it is a major event.  It won?t seem like much.  It didn?t seem like much to me.  And given the casual way this event was handled by my lawyers and everyone else, I had no clue of the significance of this brief meeting.  I?m talking about the meeting with the probation officer that leads to the PSR/PSI.  You may know how important that document is during the sentencing process.  I now know, because I?ve been through the system, that the report is very important for other reasons too.  The PSI report turns out to be the first thing read by each member of the BOP staff each time they come in contact with a new inmate.  They rely on the content of that report, to one extent or another, for every decision they make while someone is in prison.  The content of that report is used to make decisions as wide ranging as bunk assignments, medical care, and qualification for sentence reduction programs.  Yes, having the right advice at the commencement of the sentencing process can help your client ease his stay and, most importantly, help him to reduce his time in prison.  Not having that advice early enough is like leaving the handcuffs on.

 

Dealing with the BOP is not always intuitive.  In one case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing with a negotiated prison term.  During the hearing, this highly respected criminal defense lawyer successfully argued for a three month reduction in the pre-agreed length of the sentence.  Although this sounds like a wonderful result, a result that would confirm the value of that defense lawyer, it was not.  Neither the client, who had been a lawyer, nor his criminal defense attorney, realized their mistake.  As a result of the three-month reduction in the sentence, the client was no longer eligible for a BOP program that would have reduced the defendant?s sentence by 15 more months!  Yes, due to the rules governing programs available to prisoners, the 3-month reduction in the sentence meant the defendant was no longer eligible for a much larger reduction in his sentence. 

 

 Are you responsible to know all about the mechanics of BOP operations and   prison life?  The answer is no.  These are not legal questions and this is not legal advice.  But how much of your time has been consumed away from the ?legal? side of your cases over the years by these same questions?  If an expert had been available to your client, someone who could answer these questions, then you could have spent more of your time on his case.  After all, you have someone prepare trial graphics, you use jury consultants, economists, and other experts.  This is another way to provide your client with better service and free up your time to do what you do best.

 

You know that there is critical information that can provide valuable advantages to your client. Given the likelihood that someone who is indicted will be incarcerated, your client should be referred to an expert on these matters from the very beginning of the case.  Once in the system, everything you know about getting what you want or need, and how to get it will have changed.  Sometimes doing the right thing can be wrong.  This is a bureaucratic system and the people and their tactics must be understood by anyone who wants to safely navigate through the prison experience.

 

White collar defendants are best served by an expert who was also a white collar defendant.  I am one of these experts.  I am a former attorney who was indicted and became a federal prisoner.   I vividly recall all of the questions I had.  I vividly recall my own concerns and fears and those of my family.  But most importantly, I was the clerk at Lompoc, where I was responsible for resolving the day-to-day problems of 600 prisoners.  It was my job to introduce all of these men to prison and to act as their unofficial ombudsman with the staff and administration.  I use all of those experiences when I consult with those who are indicted and who are going through this process.  I know that my time spent with these people and their families is going to make their experience more bearable ? the time before prison, the transition to prison, and their stay as a ?guest of the government.? 

 

I pay particular attention to those things that can make sentences as bearable and as brief as possible.  I also know that, because clients are not distracting their lawyers with questions that I can answer, their entire legal team functions more smoothly.

 

WhiteCollarSentencingConsultants.com

310-560-8000

Originally published here.

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Geoffrey Mousseau

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Jason A. Steinberger has dedicated himself solely to defending individuals charged with crimes. Over this period, he has earned the respect of fellow colleagues, prosecutors, and Judges throughout Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, and Suffolk areas of the New York State and Federal courts. Mr. Jason A. Steinberger has dedicated himself solely to defending individuals and businesses charged with crimes. Mr. Jason A. Steinberger has successfully litigated and negotiated hundreds of criminal cases during his career. He has had many a proud achievements, but none are as important as the personal satisfaction he receives from working hard and achieving wonderful results for his clients.

We understand that if you have been charged with a crime, then the lawyer you choose will be the most important decision you will ever make. That decision decides whether you will spend the rest of your life in the jail or outside the jail. Mr. Steinberger established his firm years ago with only one purpose – to be completely and exclusively dedicated to defending individuals who have been charged with criminal offenses and to provide them with the best possible defense.

Another very important aspect in Mr. Steinberger’s success is the quality relationships he maintains with his clients. Mr. Steinberger always treats his clients with integrity and respect for their needs, goals, and objectives. He focuses on aggressive, intelligent representation and pledges to listen and communicate with the clients.

DWI stands for, ‘driving while intoxicated’ and it is unlawful for anyone who has a blood alcohol level of .08 percent or more, to drive a motor vehicle. To be convicted of a DWI in New York, the prosecution must prove that the defendant was driving or possessed actual physical control of the vehicle while intoxicated by drugs or alcohol and they must also prove that the arresting officer had legal, reasonable suspicion for stopping the vehicle in the first place.

A DWI conviction can have a far reaching effect on your life. Therefore, it makes sense that you know at least the fundamentals of DWI laws. In case of a DWI arrest, you should get in touch with a good DWI lawyer to protect you. A DWI attorney will be able to prepare a strong DWI defense to ensure that all your legal rights are not compromised. They can also help reduce the charges against you.

If you have been arrested for a DWI in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, and Suffolk areas of the New York State, it is very important that you contact an experienced DWI lawyer like Jason A. Steinberger immediately, who is a highly experienced criminal defense attorney can help you identify important pretrial issues and dramatically improve your chances during the case.

At Law Offices of Jason A. Steinberger, LLC, we also utilize the state-of-the-art technology and cost effective methods to provide services in a timely, client-oriented environment.

Originally published here.

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Author is the former New York State Criminal & DWI Prosecutor, and former Adjunct Law Professor at Hofstra University Law School. You can find more information at http://www.jasonsteinberger.com.

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