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Varghese & Accociates, P.C.

The Gold Standard In Criminal Defense

An Elite Reputation Built On Results Nationwide

Trusted As A Legal Expert And Commentator

Was There Justice for Breonna Taylor?

The cops who killed Breonna Taylor weren’t charged. Correct decision? Does the War on Drugs justify cops breaking into homes? Listen to Vinoo break it down on Breitbart News Tonight, with host Jerome Hudson.

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The Legacy of Ruth Bader Ginsburg

With the passing of Supreme Court Justice, Ruth Bader Ginsburg, what will her legacy be? How will the world remember her? Will Trump fill her position? Watch Vinoo on Court TV with host Ted Rowlands and guests Titus Nichols and Christa Ramey.

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What Rights Do You Have During an Investigation?

Dealing with a criminal investigation can cause you serious stress. Whether you committed the act in question or not, you may fear the consequences it could bring to your livelihood and reputation. During this time, you will want to take every step possible to protect yourself. But investigators have no obligation to inform you of your rights, and it’s important that you learn them.

Understanding your rights

You may believe that cooperating with officials will improve your odds of a good outcome. Yet, doing so could lead to self-incrimination. Even if you possess information that you think could be useful to the investigation, you may not want to present it without assistance. Depending on what you say, it could count as evidence against you.

The U.S. Constitution allows you to invoke certain inalienable rights during an investigation. These can help you avoid incrimination and protect yourself against law enforcement overreach. They include:

  • The right to remain silent
  • The right to legal representation
  • The right to know the nature of the accusations against you
  • Protection from unreasonable search and seizure

Invoking your rights

By exercising your constitutional rights during a criminal investigation, you may save yourself from implication. If law enforcement officials try to make you participate in a line-up or lie detector test, you can refuse these. The exception to this rule is if you are in custody and officers demand you take part in a line-up. Law enforcement officials can also lie to you during criminal investigations. And they may do so to push you toward a confession. If officials pressure you, you may want to exercise your right to silence. You will also want to speak with an attorney before making any statements to them.

If you are the subject of a criminal investigation, you do not need to endure it alone. An attorney with criminal defense experience can help you understand your rights and stand up for them.

 

Have the Democrats Gone Too Far Left?

With Joe Biden apparently supporting far-left policies pushed by Bernie Sanders and AOC, has the Democratic party gone too far left? Will Trump win the moderates because of it? Watch Vinoo break it down on Newsmax with host Dave Briggs and guests Simon Conway and Tracy Byrnes.

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What Trends Are Affecting White-Collar Prosecutions in 2020?

2020 is shaping up to be an unpredictable year in many ways – including for white-collar criminal prosecutions and defense. While experts had some assumptions about what enforcement would look like in the coming year, recent events are having unexpected effects. Below, we take a look at some of those predictions and some hints about how the white-collar landscape may change this year.

Trends coming into 2020

In late 2019, many news outlets were anticipating a steep slowdown in white-collar prosecutions. According to a report from Syracuse University, these crimes are being prosecuted at half the rate they were eight years ago. The report found that they were on track to reach their lowest level since 1986.

But that doesn’t mean prosecutors aren’t trying. According to the New York Times, federal prosecutors are aggressively pursuing more cases involving accounting fraud. The S.E.C. has investigated and settled claims with several major companies involving claims of inflating sales, stuffing channels, and misleading investors.

The House of Representatives also passed sweeping legislation to crack down on insider trading, which is awaiting action in the Senate.  If passed, the Insider Trading Prohibition Act would expand definitions of what constitutes insider trading, possibly leading to an uptick in related charges.

The elephant in the room

Of course, the COVID-19 pandemic has created additional uncertainty about the future of white-collar proceedings. While investigations and prosecutions are predictably slowing down in the short-term, prosecutors may shift their focus to other offenses directly related to the pandemic, such as price gouging and fraud relating to relief under the CARES Act.

This means that businesses taking advantage of federal aid under the CARES Act should be vigilant about record-keeping and how funds are used. Anyone who has concerns about the possibility of being investigated in connection to fraud or another white-collar offense should be sure to speak with a knowledgeable defense attorney as promptly as possible.

 

Critical Differences Between State and Federal Courts

While being charged with a crime is stressful at any time, charges on the federal level are particularly daunting. It is essential for those accused of a crime to be familiar with the differences between state and federal courts.

State and federal judge appointments involve different processes.

Judges presiding over state courts are selected using a variety of different methods depending on the state. An election system determines who is selected to be a New York state judge. In trial courts, a single judge generally hears the case.

The president nominates federal judges, who are then confirmed by the senate. Typically, these are lifetime appointments unless the senate removes them due to misbehavior.

What court has jurisdiction?

One of the key differences between state and federal courts is that each court has jurisdiction over specific cases. State courts generally hear cases about state laws, including most criminal cases.

Federal laws, on the other hand, have jurisdiction over:

  • Cases involving violations of federal law or the constitution
  • Bankruptcy cases
  • Copyright and patent law
  • Cases which include the United States government as a party
  • Disputes between two states
  • Situations that affect citizens of two different states and higher amounts of money or assets

The details of some cases determine which court has jurisdiction. For example, state courts generally handle charges of theft. However, federal courts may hear the case if charges involve fraud using the United States Postal Service.

Because of these differences, people facing federal charges should have an attorney by their side who knows the federal system. The right attorney assists in navigating the challenges of the federal court and protecting their rights and freedoms.

What Do Dr. Fauci & Jamie Foxx’s Booty Call Have in Common?

With Dr. Fauci recommending goggles in public, how long before he tells everyone to wrap themselves up like Jamie Foxx in Booty Call? Watch Vinoo break down Dr. Fauci’s constantly changing guidelines on Newsmax with host Bob Sellers and guests Ameer Benno and Brett Tolman.

 

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