Doar Rieck Kaley & MackDoar Rieck Kaley & Mack2024-03-26T20:42:00Zhttps://www.doarlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101038/2021/02/cropped-fav_icon-32x32.jpgOn Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=481142024-03-25T20:42:31Z2024-03-26T20:42:00ZIf the police knock on the door of your home or approach your vehicle requesting a search, then it is important to understand your legal rights. Any evidence collected could be used to incriminate you in court. The Fourth Amendment protects your right from unreasonable search and seizure.
You are guaranteed privacy rights under the Fourth Amendment, which prevents the police from searching a property unless they meet certain conditions. Here are a few ways the police can conduct a legal search and seizure:
When can the police search your vehicle or home?
For many investigations, the police need a warrant before they search a vehicle or home. A search warrant is a court order that describes probable cause and gives the police the right to enter a premises and conduct a search. The police do not, however, always need to get a warrant before making a search. For instance, the police could ask permission from a resident or driver if they can enter the premises. If this happens to you, then you should know that you do not have to give this permission. Even if you know the police will not find anything, it could still lead to serious charges. A search may also be conducted if the police spot illegal substances or weapons in plain view. This could give the police probable cause to make a search. Furthermore, the police could conduct a search after a lawful arrest.
What if the police conduct an unreasonable search?
An unreasonable search is a violation of your constitutional rights. Any evidence collected during an unreasonable search and seizure can be dismissed in court because the evidence was considered “fruit of the poisonous tree.”Proving your rights were violated and the police made an unreasonable search can be difficult, but not impossible. You can learn your defense options by reaching out for legal help.
]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=481112024-03-25T20:39:18Z2024-03-25T20:39:18ZBusinesses are required to adhere to state and federal laws, regulations and internal policies. A business could face severe legal consequences, reputational damage and financial loss if it does not comply with laws. Businesses can implement comprehensive compliance training programs to help mitigate the risk of misconduct and to demonstrate a commitment to ethical standards.
Employees can be more equipped with the knowledge and skills necessary to navigate issues within an organization after they undergo compliance training. By encouraging a culture of compliance, businesses can safeguard against legal liabilities. Here are a few issues to address in compliance training:
Anti-discrimination and harassment training
Discrimination and harassment breeds a hostile work environment for minorities. Employees who experience discrimination and harassment may feel unsafe and unwelcome. Businesses can reduce discriminatory behavior and harassment by training employees to recognize and report unethical actions. Allowing these behaviors to persist in the workplace can lead to legal battles.
Data privacy and cybersecurity awareness training
Many employees handle sensitive information, including passwords, coding and reports. If any of this information was stolen or improperly handled, it could threaten a business. Employees may need training to spot cybersecurity threats, such as data breaches and phishing attempts.
Anti-bribery and corruption training
Acts of bribery to foreign government officials can violate the Foreign Corrupt Practices Act (FCPA). Anti-bribery and corruption training can help employees recognize signs of bribery and understand their responsibilities to report suspicious activities. Incorporating compliance training that focuses on ethical conduct and regulatory compliance can help prevent major legal issues and foster a strong business environment. Prioritizing compliance training can be difficult. Businesses can seek legal guidance to help establish a comprehensive compliance training model. ]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480992024-03-13T13:40:13Z2024-03-14T13:38:28ZMost of the time, the law tends to lag a bit behind the times, especially when it comes to technological advancements like artificial intelligence (AI) programs.
While AI was greeted very cautiously by many, it appears to be here to stay – and the Justice Department (JD) has taken note unusually fast.
What’s going on with AI and the JD?
The Deputy Attorney General said that the JD intends to look closely at how a company manages the risks of AI misuse from within to limit the possibility of white-collar corporate crime. The JD also intends to seek enhanced sentences for criminals who use AI, under the theory that their behavior poses “an especially serious risk” to society.AI has been used in various criminal activities, such as:
Insider trading: AI algorithms are constantly being employed to analyze vast amounts of data to predict market trends and assess potential investments – and that’s perfectly legal. However, AI can also be used to artificially manipulate market prices through high-speed trades and large orders to the detriment of others and the benefit of a few.
Phishing campaigns: A lot of white collar crimes involve a little electronic “phishing” to bypass security software and crack passwords. AI has made it much easier to do those sorts of things on a large-scale basis.
Money laundering: Money from illegal sources has to be “cleaned up” and made to look legitimate before it can be used, and AI has been used to both move money faster and through increasingly elaborate methods, making it even more difficult for the authorities to trace.
Deepfakes: It’s increasingly difficult to tell a “deep fake” photo from a real one, and AI has already been used to create realistic videos that are designed to manipulate others for both causes and financial gain.
Tax evasion: AI can also be used to manipulate financial records and transactions, through the use of fake invoices and other altered data.
With all the excitement around AI technology, it is easy to get carried away with what you can do – without considering if you should do it. If you’re in legal trouble related to your use of AI, invoke your right to remain silent until you have a chance to seek legal guidance.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480972024-03-13T13:35:09Z2024-03-13T13:35:09ZWhen it comes to managing your business, it helps to be strategic. Otherwise, you can end up with a lot of wasted energy, lost money and time and massive legal headaches.
Governance, risk management and compliance (GRC) is one such approach – and it’s effective because it integrates these three important things into each division within an organization. GRC helps prevent “siloed” approaches, where every department grows increasingly isolated within its own bubble, which can easily lead to miscommunications (or even promote fraud).
What does GRC take?
GRC relies on keeping everybody in the company on the same page when it comes to the rules and standards that must be followed (governance), identifying potential threats to the business itself (risk management) and the corporate responsibility (compliance) to operate within legal and ethical boundaries. GRC relies heavily on modern technology, such as software-as-a-service (SaaS) solutions to make sure that there is full transparency throughout an organization. Once put into place, however, it can help companies:
Make decisions: Corporate leaders can better understand how compliance needs align with business objectives and the consequences or dangers of different courses of action.
Improve operational efficiency: GRC practices can make it easier to allocate its resources more effectively.
Respond to regulatory changes: It can be difficult to keep up with changing regulations, and harder still to make sure every department is kept up-to-date when they happen. GRC approaches can make updates much faster and more consistent and allow for an adaptive compliance program.
It’s important to remember that regulatory compliance is not the sole responsibility of any one department in a business, whether legal, IT, finance or management operations. A holistic approach to the compliance process is often the only sensible approach. When you have compliance concerns or are facing issues over a compliance error, seeking legal guidance is wise.
]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480942024-03-04T03:13:35Z2024-03-05T03:10:56ZWhat triggers a bid protest?
A bid protest can be triggered by various factors, often related to perceived irregularities in the solicitation, evaluation or award processes. Common reasons include the government's failure to adhere to its own criteria, ambiguous solicitation requirements, errors in evaluating proposals and improper award decisions.
Who can file a bid protest?
Typically, the right to protest is limited to interested parties. This term usually encompasses bidders or offerors who have a direct economic interest in the contract award and would be potentially affected by the award or the failure to award the contract to them. This definition may vary slightly depending on the specific regulations governing the procurement process.
What are the impacts of a bid protest?
Filing a bid protest can have several immediate effects. One potential outcome is the issuance of a stay of contract award or performance. This is commonly referred to as the automatic stay. This pause is intended to preserve the government's ability to rectify any mistakes before proceeding with the contract.
Navigating the bid protest process requires a detailed understanding of complex regulations and legal principles. Companies should consider the strategic implications of filing a protest, including the potential for delayed contracts, the cost of legal representation and the impact on relationships with government agencies.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480922024-03-04T03:05:05Z2024-03-04T03:05:05Zreleased from jail while their case moves through the court system must post bail. This is an amount of monetary assurance that they will appear for their court hearings in the future.
How is bail set?
The bail amount is preset for some charges. In other cases, the court will look at the circumstances and severity of the charge, the person’s criminal history and their ties to the community.
Bail amounts can be set as cash-only, but it’s also possible that property or assets may be accepted. Bail paid directly to the court without using a bail bondsman is returned to the defendant at the case's resolution if they appear for their hearings.
What happens if someone can’t pay bail?
If someone can’t pay the full bail amount, they may use a bail bondsman. Typically, this requires the person to put 10% of the bail amount up with the bondsman. That fee isn’t refundable or returnable. The bondsman will then issue a bond to the court to secure the person’s release.
What happens if a person doesn’t show up for court?
A warrant is issued for failure to appear if they don’t show up for a scheduled hearing. If they posted their bail without a bondsman, they forfeit whatever they posted for bail. If they use a bondsman, the bondsman is responsible for finding them and bringing them to court, or they will be responsible for the bail amount.
When a person has to go before the court to set bail, it’s best to have legal guidance. This can help them protect their rights and make informed decisions.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480902024-02-19T18:58:12Z2024-02-21T18:57:11ZLegal implications of securities fraud
Regulatory bodies such as the Securities and Exchange Commission (SEC), alongside criminal statutes, enforce laws to combat these practices. The complexity of securities law makes these cases particularly challenging, often involving detailed legal and financial analyses.
The repercussions of being convicted of securities fraud are severe. Penalties can range from substantial fines and the requirement to pay restitution to affected investors to imprisonment. The severity of the punishment often correlates with the amount of money involved, the fraud's impact on the market or investors and whether the crime is prosecuted at the state or federal level.
Defending against securities fraud charges
Defendants accused of securities fraud have several potential defenses at their disposal. These may include arguing a lack of knowledge about the fraudulent nature of the actions, asserting that the information was not material or demonstrating an absence of intent to defraud.
The complexity of securities fraud cases necessitates legal representation so that defendants can navigate the legal system effectively as possible, develop a strong defense strategy and safeguard their rights as their case evolves. Ideally, defendants will obtain this assistance as early in their case as possible so they can review all the evidence against them and allow that to inform their defensive strategy accordingly.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480882024-02-19T15:55:57Z2024-02-19T15:55:57ZThese exceptions allow law enforcement to respond swiftly in certain circumstances. Being able to search without a warrant prevents the destruction of evidence and protects public safety.
Consent searches
One of the simplest exceptions is when an individual consents to the police to search. A warrant is unnecessary if someone voluntarily lets officers search their property or possessions. Law enforcement can’t force or trick someone into consenting to a search.
Searches incident to arrest
Following a lawful arrest, police can search the person arrested and the immediate area around them without a warrant. This protects officers from potential threats, such as hidden weapons, and prevents evidence destruction.
Vehicle searches
The Supreme Court established that vehicles have a lower expectation of privacy than homes. If police have probable cause to believe a vehicle contains evidence of a crime, they can search it without a warrant because the car could be moved out of the jurisdiction before police can obtain a warrant.
Exigent circumstances
Exigent circumstances refer to situations wherein waiting to obtain a warrant would either endanger life, lead to the escape of a suspect, or result in evidence destruction.
Plain view doctrine
If an officer is lawfully present in a location and observes incriminating evidence in plain view, they may seize the evidence without a warrant. The officer must legally be able to view the evidence and immediately recognize its incriminating character.
Unlawful searches and seizures are the basis of some criminal defense strategies. While an illegal search can’t force a case to be dropped, it can make evidence inadmissible, which can weaken a prosecutor’s case significantly.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480862024-02-04T23:09:06Z2024-02-09T23:08:26ZMotivations behind swatting
Swatting is not random; it is often motivated by personal vendettas, online disputes or the sheer desire to cause chaos. Perpetrators often use technology to disguise their identity, making it challenging for authorities to trace a false report back to its source. The anonymity provided by the internet can encourage individuals to engage in this ‘prank’ without fear of immediate consequences.
The reality is that swatting is more than just a prank; it is a federal offense with severe legal repercussions. Lawmakers recognize the potential harm swatting can cause, and legislation has been enacted to help ensure that those responsible face appropriate punishment. Penalties for swatting can include hefty fines and imprisonment.
The FBI and other federal agencies actively investigate and prosecute swatting cases. Their efforts aim to apprehend the perpetrators and send a clear message that swatting is a serious crime with severe consequences.
If you’ve been charged with a crime that relates to a swatting incident, you should seek legal counsel from an experienced professional who can employ tried-and-tested strategies to combat the charges to the greatest possible extent given the nuances of your circumstances. Mistakes and misunderstandings don’t disqualify you from mounting a strong defense.]]>On Behalf of Doar Rieck Kaley & Mackhttps://www.doarlaw.com/?p=480842024-02-04T15:36:00Z2024-02-04T15:36:00Zthese groundbreaking amendments is the implementation of the First Step Act. This legislative milestone aims to address the issue of excessive sentencing, a long-standing concern contributing to the mass incarceration dilemma.
Qualifying inmates and sentencing reductions
February 2024 onward, a significant cohort of inmates may become eligible for sentencing reductions. Among these, first-time offenders may find themselves on a path to avoid federal imprisonment. This could provide a newfound hope for those caught in the web of the criminal justice system for making a one-off mistake.
The scope of eligibility extends beyond first-time offenders. Individuals currently on parole or probation may also benefit from reduced sentences. The amendments also extend relief to those in poor health or individuals caring for disabled family members. This compassionate approach acknowledges the real challenges faced by certain segments of the incarcerated population.
A notable provision within the amendments grants inmates serving federal sentences for offenses whose laws have undergone changes the opportunity for sentence reductions or even early release. This move reflects a commitment to aligning justice with evolving legal standards.
Furthermore, the amendments offer a lifeline to inmates who have suffered sexual assault or abuse at the hands of correctional officers. This provision shows the commitment to addressing the well-being and rights of those within the correctional system.
The recent amendments to the United States Sentencing Guidelines mark a transformative moment in the nation’s approach to criminal justice. Suppose you’re under federal criminal investigation, indicted or already serving a sentence following a conviction. In that case, you should engage an experienced legal team to better understand how these amendments may ultimately impact your case.]]>