Month: December 2020

Should I Give a Statement After an Accident?

What happens when your criminal case involves an auto accident? One of the common questions that we get at Lamano Law Office is whether or not the person should give a statement to their insurance company, to the other party’s insurance company, to the victim or any third party witnesses.

It is really important that you understand any statement that you give can be used against you in court, especially if it’s with an insurance company who is recording your statement. It is probably in your best interest to put together what’s known as a defense team.

A defense team could also include your attorney, an accident reconstruction specialist, your own defense investigator, to take a look at the scene of the crime. There’s a lot of things that you can do to protect yourself after a criminal case that involves an auto accident.

The best thing you can do is call an attorney and get a consultation so you know what you need to do to protect yourself. Thanks for listening.

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How To Beat Embezzlement Charges

Sometimes we get phone calls at our law office from people who are telling us that they’ve been accused of stealing from their employer or from stealing from some type of agency. A lot of times when people contact us, it’s because they want to give a statement, to either their employer, to human resources, or to a detective or investigator trying to get information on the case.

It’s really important you understand that at this point, you do have a right to remain silent and not incriminate yourself. Very often people want to tell their side of the story, but what you want to use as a shield can also end up hurting you like a sword. So it’s really important that if you are being investigated for embezzlement, that you call a criminal defense attorney, so we can go through the facts of your case and determine the best way to approach it.

Another consideration is the value of what was allegedly stolen, whether or not it was $950 or more or less, could determine whether or not the possible charges will be either a felony or a misdemeanor. One of the things to consider is whether or not there are mitigating circumstances in your case. For example, was there a unique or special reason that you supposedly stole from the person or the employer? Did you admit guilt very early on in the process? Was there something going on in your personal life, where you felt like you were forced or almost needed to do this in order to save yourself?

Some of the defenses that could be considered in an embezzlement case are that you had a good faith belief that you had a right to the property or to the money that was stolen. It could also be that you didn’t actually have the criminal intent to take this property or to take the money. Either way, embezzlement is a very serious charge, and the best thing for you to do is remain silent, consult with a Bay Area Criminal Defense Attorney and see what you need to do, to get you the best possible defense. Thanks for listening.

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