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Posted By
Brad Bailey Law
Soliciting/engaging-in prostitution and human trafficking are separate crimes. The former involves seeking/paying or giving/providing sex for a fee. Under federal criminal statutes, the latter involves slavery, indenture/servitude, peonage (slave wages), coercion, intimidation, and other elements of forced labor. Under state law in Massachusetts, human trafficking requires proof of “subjecting”, ...
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Posted By
Brad Bailey Law
On March 12, 2019, the U.S. Department of Justice announced that 50 individuals have been charged with various crimes related to an alleged fraud scheme—known as “Operation Varsity Blues”—to cheat on entrance exams and bribe college officials to admit students whose parents are wealthy actresses, CEOs, and business executives. In all, 33 parents collectively paid $25 million to William Singer, who ...
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Posted By
Brad Bailey Law
The penalties for federal mail and wire fraud are strict. If convicted, you face up to a maximum of 20 years in a federal correctional facility (up to 30 yrs., if you are convicted of bank fraud); your specific sentence will largely depend on the proven dollar or value amount(s) of actual, or intended, fraud losses. Full victim restitution is mandatory, and fraud penalties also include forfeiture ...
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Posted By
Brad Bailey Law
The very nature of a sexual assault or rape accusation implies there was no consent between the accused and the accuser. With this in mind, a marital rape accusation creates a cloudy, gray area where it can be difficult to find the truth. Allowing someone to be convicted of a serious sex crime in a situation with inherent uncertainties is unthinkable and an affront to the criminal justice system. ...
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Posted By
Brad Bailey Law
On February 27 th , 2019, you might have seen a heartwarming news story about a Good Samaritan who bought a bunch of Girl Scout cookies so the Scouts could get out of the cold weather. The story came from Greenville, South Carolina, where the temperature was near freezing when the man cleared out the stock of a Girl Scout troop posted outside a store. Now, in a strange turn of news events, the ...
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Posted By
Brad Bailey Law
You might be accustomed to thinking that any criminal defense strategy will rely on defeating the supposed facts brought forth by the prosecution and the state. While this is certainly a good way to shut down the opposition, it is certainly not the only way to do it. With an affirmative defense, you and your criminal defense attorney can take a different approach to your defense by not necessarily ...
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Posted By
Brad Bailey Law
Sex crimes have been prosecuted and penalized with more tenacity than ever before in recent years. This is perhaps no more apparent than in cases involving the alleged drugging of a person for sexual intercourse . In Massachusetts, you can be charged with a federal crime and a form of rape if you have sexual intercourse with someone who is under the influence of a drug or alcohol. By the legal ...
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Posted By
Brad Bailey Law
Because arson is an expensive and high-profile crime, prosecutors are relentless about pursuing these cases. The National Fire Protection Association estimates that an average of 200,000 intentional fires are started each year, and that they may cause up to $1 billion worth in property damage , for both the government and private property owners. Naturally, the government has paid attention to ...
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As the use of Rapid DNA machines continues to spread, some police officers can now get nearly automatic DNA test results , right from the comfort of their own precincts. However, forensic experts are already raising red flags about these “magic” DNA devices – and how they could impact our Constitutional rights to privacy and due process under the law. As a Boston criminal defense lawyer, our ...
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Posted By
Brad Bailey Law
Very few crimes inspire emotional responses to the same degree as child sexual abuse, due to the horrific nature of this crime. Many instinctively want to believe children who share stories of abuse, partly because it’s human nature to take them at face value. However, this is not how our justice system was designed to work – and when you stand falsely accused of a child sex crime, it’s imperative ...
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Posted By
Brad Bailey Law
Criminal sexual conduct against a child is taken very seriously in the United States, and for good reason. When adults commit such horrific crimes, it can impact the child’s psyche and wellbeing for the rest of their lives. However, some children are victimized by these very same laws, when overzealous prosecutors mark juveniles as sex offenders. Examples of Juvenile Sex Offenders Across the ...
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Posted By
Brad Bailey Law
Fraud claims take any number of forms, but no matter the scope, type, or scale of your accused fraudulent activity, you can rest assured that state and federal agents will take it very seriously. Because of the increased scrutiny on the financial services sector after the 2008 Great Recession, prosecutors are eager to “make an example” of those accused of fraud, and may mistakenly categorize your ...
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Posted By
Brad Bailey Law
Major embezzlement and fraud cases often make a big splash in the media, like the now-infamous Bernie Madoff scandal. While not every person convicted of embezzlement will face a 150-year prison sentence and the same kind of public scrutiny applied in Madoff’s case, embezzlement charges can seriously impact your reputation as a business owner or professional. That’s why it’s so important to ...
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Posted By
Brad Bailey Law
In today’s climate of # METOO/victim empowerment where police, prosecutors, and even juries are flipping the fundamental principles of due process and fairness by presuming the credibility of the accuser in sex crimes cases, rather than the Constitutionally-required innocence of the accused, it is more important than ever for suspects in sex crimes investigations not to agree to speak with ...
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Posted By
Brad Bailey Law
The American legal system was built on the principle that everyone deserves an impartial, public, and “speedy” trial when they stand accused of a crime. As part of that principle, the 6 th Amendment of the Constitution includes a section called the “Confrontation Clause.” Stating that “in all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against ...
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