Mail Fraud
Mail and wire fraud statutes make it crime for any one to use the mails or wires in furtherance of a scheme to defraud. The fraudulent statements themselves need not be transmitted by mail or wire; it is only required that the scheme to defraud be advanced, concealed or furthered by the use of the U.S. mail or wires. 18 U.S.C....[ read more ]
Forgery of Deeds in Mississippi
§ 97-21-63. Will, deed, certificate of acknowledgment or proof of recordable instrument. Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another by which any right or interest in real or personal property shall be...[ read more ]
Title Insurance Fraud in Mississippi
Title insurance provides protection for buyers in a home sales transaction. The insurance policy will usually provide limited coverage for issues such as a transfer of a defective title, or a breach of contract terms by the seller. As with other types of transactions, the risk of fraud exist in title insurance and is often difficult to detect. Some common title...[ read more ]
Sentencing Guidelines in Federal Court
18 U.S. Code § 3559 - Sentencing classification of offenses (a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (1) life imprisonment, or if the maximum penalty is death, as a Class A felony; (2) twenty-five years or more, as a Class B felony; (3) less...[ read more ]
Plea Bargain Paper
Most criminal cases in federal court are resolved not by trials, but by plea bargains. In order to negotiate a successful plea agreement, defense counsel must understand what kind of agreements can be made and the effect of each kind on the client s sentencing exposure. Although plea agreements are generally referred to and treated as contracts, they are like...[ read more ]
Executing a Will or Codicil in Mississippi
The laws governing the execution of Wills and Codicils are very specific and governed by§ 91-5-1. Who may execute; signature; attestation. Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion,...[ read more ]
The United States Code Controlled Substances Act
The United States Code Controlled Substances Act Part D — Offenses And Penalties §841. Prohibited acts A (a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or...[ read more ]
Federal Wiretaps in Criminal Cases
The use of wire taps by federal agents for purposes criminal investigations are admissible only if a warrant was issued to do so. Because of their similarity to searches and seizures, the fourth amendment warrant clause applies to electronic surveillance as well. Obtaining a warrant for electronic surveillance requires showing probable cause to a Judge, describing in particularity the conversation to be...[ read more ]
Plea Agreements in Federal Criminal Cases
A “plea bargain” is an agreement between the prosecutor, the defendant’s attorney and the defendant. In return for the defendant entering a plea of guilty to a criminal charge, the prosecutor agrees to recommend to the judge a particular penalty. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. The prosecution is...[ read more ]
Federal Sentencing Guidelines
The Federal Sentencing Guidelines are non-binding rules that set out a uniform sentencing policy for defendants convicted in the United States federal court system that became effective in 1987. The Guidelines provide for “very precise calibration of sentences, depending upon a number of factors. These factors relate both to the subjective guilt of the defendant and to the harm caused by...[ read more ]
