The Law Office of Neil W. Morrison, P.A.The Law Office of Neil W. Morrison, P.A.2023-11-29T08:47:44Zhttps://www.neilmorrisonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401923/2020/02/cropped-3362717_site-ID-32x32.jpgOn Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=657222023-09-29T05:16:28Z2021-05-05T00:46:22ZDefense strategy, subtle evidence
Any federal criminal charge is serious as you potentially face a stiff penalty that may include prison, probation, fines and restitution. Here are some of the ways that an experienced criminal defense attorney can help:
Creating an effective defense strategy to get the criminal case dismissed, the charges reduced, or fight the charges in a jury trial.
Negotiating with prosecutors in a potential plea bargain by seeking to get the charges reduced or dismissed.
Informing you on what to expect and provide you with the necessary psychological and emotional support if your case goes to trial.
Unearthing subtle evidence to help your case. An attorney may do this by hiring an investigator to review the alleged crime or call expert witnesses whose testimony will raise doubt about the evidence.
Persuading the judge to hand down a sentence less than the maximum sought by the prosecution if a conviction occurs.
You need a skillful ally and solid legal advocate on your side when facing criminal charges. An experienced criminal defense attorney will explain your options, a legal strategy and provide hope to what some believe may be a hopeless situation.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=655002021-01-05T01:50:53Z2021-01-07T01:49:53ZSomeone accused you of copyright infringement, and you worry the individual may have a case against you. Understanding how parties prove copyright infringement may help you navigate the legal process.Chron breaks down the elements of proving infringement. Learn how to prepare your defense with helpful insights.
Defining infringement
When someone violates a copyright holder's right to distribute, copy, display or perform a copyrighted work, that may become infringement. Penalties for the crime include statutory and monetary damages, legal fees and injunctions, possibly jail time.
Proving infringement
To have grounds for legal action, the copyright holder must show proof of a valid copyright, such as a certificate, and evidence of wrongdoing. Elements of unsanctioned copying include the accused party having access to the original work and ample proof that the two works bear similarities. If the copyright holder does not have sufficient evidence that the accused had access to the protected work, then the accused may claim that she or he independently created the material.Sometimes, the public has generous access to creative works, which may make it hard for a defendant to claim similar work as independent. Under such circumstances, a court may claim the defendant had access to the material in question.
Defending against infringement
As part of your defense, consider the principle of fair use. With it, you must show that you only used the copyrighted work for educational or non-commercial use and that the copyright allows for such use. You must also show that you did not utilize the full work, and that your use did not impact the copyrighted material's intended audience.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654952021-01-04T20:07:28Z2021-01-04T20:07:21ZFacts about white collar crime
According to the Federal Bureau of Investigations, white collar crime refers to a wide range of scams executed by professionals in business and the government. In contrast to violent criminals, these use concealment, deceit and trust violation for financial gain.
Although they may not seem as serious as some other offenses, these crimes cost the United States billions of dollars in economic loss. They also result in the loss of life savings of an individual or can destroy a business.
Types of white collar crime
The FBI mainly focuses its investigations on the most common white collar crimes. The highest priority is corporate fraud, as associated offenses result in investor confidence loss and immeasurable economical damage. Some examples of this type of fraud include financial information falsification, hedge fund fraud and insider self-dealing.
According to Northcentral University, the other common types of white collar crime include:
Ponzi schemes: Investment scams that pay older investors with money from new investors
Embezzlement: The misappropriation of funds
Bankruptcy fraud: The hiding of nonessential assets to avoid paying creditors during bankruptcy
Extortion: The coercement of an individual or institution to give up money, property or services
Investigating these crimes requires the work of not only the FBI, but also the Internal Revenue Service, the Securities and Exchange Commission, the U.S. Postal Service and the U.S. Customs and Border Protection. Penalties for a white collar crime conviction include imprisonment, fines, restitution, forfeitures and house arrest.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654922020-12-07T02:27:50Z2020-12-07T02:27:44ZCredit cards are a common way to pay for food, gas or anything you need for your livelihood. The problem with credit cards is that people use them so frequently. You might not realize that malicious parties have a lot of opportunities to steal your credit card information.The Federal Trade Commission explains that credit card fraud is the act of taking card account information and using it to make purchases in the name of the card holder. These illegal purchases leave you on the hook to pay them off. By using your account, a fraudster could burden you with a substantial amount of debt.
Fraudsters may use hacking or phishing
Since people do a lot of business online, your emails and online accounts may be a target for fraudsters through methods like phishing. You receive an email alerting you to a problem with one of your online accounts. The email requests your credit card numbers through a form or a reply email. After you send your card numbers, the fraudster receives the information. A fraudster may also use a phishing email to hack your computer or an account you own.
Fraud can be low tech
Fraudsters do not have to employ phishing techniques or other computer methods to get your card information. Some criminals go as far as to pick through garbage to find crumpled up credit card statements to harvest the account numbers. This is why many people shred their statements before disposing of them. Also, if you leave your card exposed while in a store, someone like a clerk might snap a picture of your card and its account numbers.
Family and friends can commit fraud
Some people become victims of fraud by lending their card to a roommate, a friend or a family member. The temptation to misuse a card may become too great. Also, a devious roommate or relative may come across your paper statements and acquire your card information.There is also a risk that suspicion of fraud might fall on you. You might have acquired permission to use the card of a friend or relative and returned it in good faith, which puts you at risk if the other person suddenly finds unexplained purchases on his or her account. Refraining from using the card or financial account of someone you know may spare you from possible criminal charges and the ordeal of going through a legal proceeding.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654892020-11-16T20:00:19Z2020-11-16T20:00:14ZThere are many factors that impact the type of penalties you receive for drug crimes. Along with drug schedules, substances are also broken down into classes based on their effect on the body and mind.According to the United States Drug Enforcement Administration, drug classes are determined by the Controlled Substances Act. Accepted classes of drugs include narcotics, depressants, stimulants, hallucinogens, and marijuana. This guide breaks down each class, including the types of drugs that are included within each.
Narcotics
Narcotics are often used to provide pain relief, but their effects also diminish the senses and cause the user to descend into a stupor-like state. They decrease physical activity and/or ability, slow breathing, and impact bowel function, sometimes causing constipation and nausea. Narcotics like opioids have a high risk of physical dependence and overdose. Common narcotics include heroin, fentanyl, morphine, and methadone.
Stimulants
Stimulants have an opposite effect on the body as compared to narcotics. These drugs cause feelings of exhilaration and excitement, boost activity, and suppress appetite. They also cause a range of negative effects, including vomiting, chest pain, and tremors. Amphetamines, methamphetamine, and cocaine are all classed as stimulants.
Depressants
As the name implies, depressants induce a sleepy, relaxed feeling when ingested. Many of these drugs are used therapeutically to treat issues like chronic anxiety. However, when abused they lead to effects like memory loss, cognitive dysfunction, and confusion. Depressants include benzodiazepines, barbiturates, gamma-hydroxybutyric acid (GHB), and rohypnol, which is often used in conjunction with sexual assaults.
Hallucinogens
Hallucinogens are substances that distort the user's sense of reality and surrounding environment. They also appear to alter time, making a person feel as though time is progressing very slowly. Some users experience severe psychological effects, including intense paranoia and psychosis. This class of drugs includes LSD, MDMA, ketamine, psilocybin mushrooms, and peyote.
Marijuana
Marijuana induces a feeling of pleasure when smoked or ingested, while also impacting memory and perception. In high doses it can cause delusions and hallucinations. While marijuana is illegal on the federal level, some states have legalized or decriminalized it, either for recreational or medicinal use.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654862020-11-10T23:27:24Z2020-11-10T23:27:19ZIn the aftermath of the #MeToo movement, society began to embrace the approach of believing all women who accuse men of improprieties. This ranged from unwanted verbal, sexual attention to rape. However, the fact remains that some women do make false allegations and this undermines the legitimacy of women who make honest claims of improprieties or acts of violence against them.Because of this, many men and parents have launched campaigns to shed light on this growing problem. What happens if you or a loved one is falsely accused of sexual assault or rape? How do you prove your innocence and what happens if the court discovers the woman lied?
How common are false accusations?
CNN reports that false sexual assault claims range from 2% to 10% of the total numbers. It also states that even these numbers may suffer from inflation based on how law enforcement reports false claims. Cases often become flagged as false reports if the following occur:
Not enough evidence to prosecute
Victim’s decision not to cooperate
Inconsistencies in victims’ statements
Delayed reporting
What are the end results?
This research implies that women rarely lie about rape and sexual assault. Even so, it also acknowledges that cases do exist and yours or your loved one’s may fall into this category. Because society has moved toward believing women and research shows few false reports, this may cause you to defend yourself in not just court but the public eyes.If the court determines without a shadow of a doubt that the woman lied, the court may hold her in contempt. Prosecutors may even push for repercussions related to wasting law enforcement’s and the court’s resources. However, no guaranteed procedure currently exists for how courts handle these cases as it rarely becomes possible to prove the lie.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654842020-11-05T21:05:16Z2020-11-05T21:05:16ZHow operations differ between prisons and jails
One major way that prison and jail differ is in the agencies that operate them. State governments or the federal government usually operate prisons. Local governments or police departments, however, typically operate jails. Furthermore, prisons and jails house different types of inmates – and for different lengths of time. When someone ends up in prison, they were likely convicted of a felony offense and are serving a long-term sentence. The nature of their offense will dictate the security level of the prison they end up in – whether minimum, medium or maximum. Yet, when someone ends up in jail, it is likely that they are awaiting trial or are serving a short sentence for a misdemeanor offense.
How conditions differ between prisons and jails
Prisons and jails also differ in their living conditions and opportunities available to inmates. When someone ends up in prison, they will have access to outdoor time, exercise and a variety of programs. Their accommodations, though, will depend on the security level of their prison. Yet, when someone ends up in jail, they will likely serve their sentence or await trial in a small enclosure. They will likely have fewer opportunities for outdoor time or exercise than they would in prison. But in most cases, they will have access to rehabilitation and work release programs, which can help inmates from reoffending.
No matter the allegations against you, you will want to avoid serving a sentence in either prison or jail. A criminal defense attorney can help you fight to mitigate the impact of your charges.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654812020-10-28T22:09:12Z2020-10-28T22:09:07ZAlthough social media users share a myriad of positive posts and stories on their platforms, the timestamps, locations and photographs can exhibit much more than you want to convey.Even if you set your accounts to private, there is no guarantee that only your friends will see what you post.
Posts can become evidence
Imagine an employee who formally requested a sick day away from work, but then he posts a selfie from a lounge chair on the beach, cocktail in hand. If this gentleman’s colleague or supervisor saw this post, he may receive a reprimand for lying, and will likely lose his employer's trust in him for the long term.Consider this from a legal standpoint. Perhaps you or a loved one has concerns about a recent allegation, and you may face an upcoming court hearing that could impact your record, your career or your life as a whole. Prosecutors may use social media posts as evidence in some proceedings, so it is important to avoid providing any potentially misleading photographs or details that others may view as damaging to your reputation or situation.
Deleting posts can cause trouble
In some cases, the court could decide that by deleting a post, you have destroyed potential evidence. Not only that, many social media platforms have records that an investigation could turn up. Once something is already out there, think twice about deleting it.
Ghosting is a safer route
Even if you want to add a photo of something as seemingly innocent as your new puppy, it may be wise to ghost your social media until after a judge closes the case to avoid any unnecessary, unintentional corroboration. After all, the verdict is more important than collecting “likes.”]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654762020-10-27T23:11:53Z2020-10-27T23:11:48Zelements of entrapment.
What is entrapment?
Defined as inducement of a crime, entrapment involves officers coercing another person to commit a crime. This is not solicitation, however. If an officer offers to see you drugs or offers to buy an illegal substance and you comply willingly, this is not entrapment. Officers can use deceit to catch a person in a crime. However, he or she cannot be the reason that you commit a crime.
How can you prove entrapment?
The fatal blow to an entrapment defense is predisposition. Proving entrapment means that you must prove that you would not commit that crime if it had not been for law enforcement pressuring you. The law makes the distinction between an unwary innocent and an unwary criminal. The unwary criminal waits for the opportunity, whereas the unwary innocent acts as a sympathetic person might.
An officer might concoct a narrative to make you feel sorry for him or her. He or she may plead with you and convince you to commit a crime that you otherwise would never commit. Likewise, an officer could use threats of violence.]]>On Behalf of The Law Office of Neil W. Morrison, P.A.https://www.neilmorrisonlaw.com/?p=654732020-10-09T22:32:39Z2020-10-09T22:32:33ZAs someone who practices medicine, you may worry about drug convictions you have on your record. After all, the field of medicine takes poorly to criminal convictions of many sorts, leaving you in the lurch if it happens to you.It is thus important to understand where you stand on a legal level when it comes to your ability to practice medicine.
How does your history of criminal convictions come into play?
The North Carolina Medical Board (NCMB) says applicants for a medical license require you to submit to a criminal background check. This differs during the pandemic, though. The NCMB reviews "all relevant information" when processing applications. This also includes any criminal convictions.They consider many factors as listed in N.C. Gen. Stat. § 93B-8.1(b1). This states the board may deny an applicant based on your history of criminal convictions. This includes if the crime is sexual or violent in nature. It also includes the crimes that relate to the responsibilities and duties you have as a licensed medical professional.
Denial for criminal history alone cannot happen
However, unless a provision of law rules otherwise, the board cannot deny your application based on criminal history alone. They also cannot deny your application based on the idea that your conviction stemmed from crimes of moral turpitude.Instead, they must consider specific factors like the date of the crime and your age. They also consider things like your participation in rehabilitative programs. In addition, if your application gets denied by NCMB, you can pursue an appeals process. This may allow you to fight for your right to practice medicine in spite of past convictions.]]>