Articles Posted in Felony charges

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Unlike the run-of-the-mill misdemeanor DWI, a third offense could trigger the filing of a felony DWI which comes replete with serious prison time and the potential for a 10 year or permanent denial of your driving privilege.   And don’t be fooled, BOTH the criminal matter and the driving privilege issues of a felony DWI require immediate, experienced representation.   That is why it is critically important to have a legal team with the resources, experience and level of skill necessary to represent your interests.  Not doing so could mean your life as you know it.  This is important because the right attorney will be able to discuss with you all of the repercussions that can arise from a potential felony DWI conviction. This would include the possibility of losing your driving privileges for 10 years, without an opportunity for a limited driving privilege.  An experienced and knowledgeable attorney would be able to advise you of whether you would be eligible as a participant in an alternative court, also known as DWI Court.  This court has the statutory authority to provide defendants with a Felony DWI the opportunity to obtain a limited driving privilege.  To many it is the driving privilege that is extremely important to them, so that is why having a knowledgeable attorney is important.

DWIs are politically potent.  Many advocacy groups actively lobby the state legislature to make the rules even more stringent than they already are.  YOU must educate yourself as to those rules and your rights.  As a former police investigator, JOHN M. LYNCH has the requisite experience and training to handle your felony DWI.  Trained by the academy, the State of Missouri and the federal government, JOHN M. LYNCH not only understands the various aspects of DWI investigation and litigation, but teaches it to other attorneys as well.  Key to your defense is being able to intelligently question the methodology employed by the arresting officer and articulating error to a jury and the court.   That alone is why having the right representation is paramount.  JOHN M. LYNCH has an unmatched record of success in state and federal courts all across the Missouri.  If you want successful representation for your felony DWI, the attorney you choose must be one that is familiar and practices in this area on a regular basis.  The Law Offices of John M. Lynch, LLC. is the prominent defense firm that handles criminal cases nationwide.

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Driving While Intoxicated or Driving Under the Influences cases in Missouri are continuing their evolution toward ambiguity as courts wrestle with changes to the BAC testing process, the science behind such testing, and even the impact the standard three field sobriety tests have on the overall guilt equation and/or retention of one’s driving privileges.  These changes not only can have an effect on your driving privileges but also any criminal ramifications that can arise from being arrested for a DWI/DUI.  All the more important to have counsel with the ability to address these issues, the experience to litigate both aspects of the DWI/DUI equation and an understanding of the forum of a particular case.  John M. Lynch routinely handles DWI/DUI offenses in St. Louis County, St. Charles County, Lincoln, Warren, Franklin and Jefferson Counties.  As a former police officer, trained in DWI/DUI detection and investigation, John M. Lynch has the experience to help you.

The Law Offices of John M. Lynch, LLC have been notably successful in the DWI/DUI arena. Attorney John M. Lynch and his defense team have the knowledge, experience, and resources to effectively defend one charged with a DWI/DUI offense in Missouri.  Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.

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Last week the Supreme Court of Missouri handed down a ruling that affects many felony theft cases all over the state.  The Supreme Court analyzed section 570.030 of the Missouri Criminal Code in State v. Bazell.   In State v. Bazell, a woman was convicted of stealing a .40 caliber pistol, a .22 caliber rifle, a laptop, a suitcase, jewelry valued at $8,000 and two pairs of tennis shoes.  The Supreme Court wrestled with the Missouri criminal code defining the definition of stealing.  The issue in particular has to deal with two subparagraphs in the section defining criminal theft, RSMo 570.030.  The first paragraph of the section, describes the definition of stealing in that “Stealing is appropriating ‘property or services of another with the purpose to deprive him or her thereof, either without his consent of by means of deceit or coercion’”. See RSMo 570.030.1. In 2002 the legislature adjusted the criminal code wherein RSMo 570.030.03 states that “any offense in which the value of property or service is an element” can be bumped up to a Class C Felony.  The Court ultimately decided that these two subparagraphs are in contradiction of each other. In addition, the Court stated that the definition of stealing in 570.030.1 is clear and unambiguous and that no phrase is present that would indicate that the value of property or services appropriated is an element of the offense.  Therefore, the Court decided that Bazell’s offenses must be classified as misdemeanors.

The law however is going to change January 1, 2017 wherein the revisions of the criminal code will resolve this issue with the definition of stealing.  But if you are within the timeframe of 2002 but before 2017, there may be some reprieve.  If you’re charged with a theft case, it should not be taken lightly.  As with many theft cases, the evidence tends to favor the State’s position, the evidence is usually extensive, and the resultant criminal charges.   That is why having the right representation is critical to the entire process of a criminal case.  If you want successful representation, the attorney you choose must be one that is familiar and practices in court on a regular basis. If you have been charged with a felony theft case recently, you should contact The Law Offices of John M. Lynch in order to help deal with the recent changes handed down by the Missouri Supreme Court.

The Law Offices of John M. Lynch, LLC., provides legal services all across the country for individuals that have been charged with crimes in state and federal. Attorney John M. Lynch and his defense team have the knowledge, experience, and resources to effectively defend one charged in

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There has been an increase in prosecution of white collar offenses, including Embezzlement and Fraud in a litany of contexts, including Securities Fraud, Tax Fraud, Mortgage and Insurance Fraud and Medicare/Medicaid Fraud.  Such Federal Criminal Charges should not be taken lightly.  With many of these white collar crimes, comes with the potential of additional tax fraud charges.  If one did not put the correct amount of income on their tax returns during the commission of embezzling monies, this can and most likely will trigger an IRS investigation as well.  Thus with the IRS also involved, such white collar offenses are inherently more complex in nature,  involve serious criminal acts and then the possibility of serious  penalties- and all require a keen understanding of the Federal Sentencing Guidelines, applicable statute, as well as access to a host of legal resources all designed to protect your interests.  The federal criminal justice system is already daunting enough not to have a thorough understanding of the defined and rigid set of penalties for white collar and related offenses.  With all of the Government resources, a defendant automatically walks into this arena at a disadvantage.   With federal crimes, it’s important to have a legal team with the resources, experience and level of skill necessary to represent your interests.  Not doing so could mean your life.

The law typically favors the Government’s position, the evidence is usually extensive, and the resultant criminal charges, the organized result of months of planning.   That is why having the right representation is critical to the entire process in Federal Court.  If you want successful representation in federal court, the attorney you choose must be one that is familiar and practices in federal court on a regular basis. The Law Offices of John M. Lynch, LLC. is the prominent defense firm that handles cases in federal court nationwide.

The Law Offices of John M. Lynch, LLC have been notably successful in the federal arena, with the ability to negotiate favorable plea agreements, as well as taking cases to trial successfully with acquittals on all and partial counts. The Law Offices of John M. Lynch, LLC., provides legal services all across the country for individuals that have been charged with crimes in federal court. Attorney John M. Lynch and his defense team have the knowledge, experience, and resources to effectively defend one charged in federal court. Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.

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As the weather starts to get warmer and the days get longer, drinking become more prevalent.  With that comes a greater police presence thereby increasing the possibility and risk of receiving a DWI (Driving while Intoxicated).  As one should know, you are limited to having a .08 BAC or under while driving.  For many, having a .08 BAC can mean as little as one or two drinks within a couple hour span. Therefore, having the right attorney in your corner could mean the world of difference if charged with a DWI.  As such, you want to have an attorney that can wrestle with many of the recent changes to the BAC testing process, the science behind such testing, and even the impact the standard three field sobriety tests have on the overall guilt equation and/or retention of one’s driving privileges.  These are the reasons why it is even more important to have counsel with the ability to address these issues, the experience to litigate both aspects of the DWI/DUI equation and an understanding of the forum of a particular case.

Attorney John M. Lynch has been successful with felony DWIs, proving his former training in law enforcement to be extremely useful. Attorney John Lynch and Tania Aldaddah routinely handle DWI/DUI offenses in St. Louis County, St. Charles County, Lincoln, Warren, Franklin, Jefferson Counties and many counties throughout the State of Illinois. The Law Offices of John M. Lynch, LLC., provides legal services for drivers that have been alleged to have driven under the influence of alcohol or drugs. The Law Offices of John M. Lynch, LLC. is the premier defense firm of DWIs. Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.

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Medicare/Medicaid Fraud prosecutions have continued to increase throughout the years.  The Department of Justice’s Medicare Fraud Strike Force team has been using the full force of the government in order to prosecute these cases.  This increase in prosecutions is partly due to the implementation of the Affordable Care Act, which resulted in a budget increase for the Medicare Fraud Strike Force.  Thus, resulting in even more of an influx of federal cases being pursued across the country.

These investigations are not only occurring St. Louis but all across the country.  Hundreds of doctors and nurses have been charged for fraudulently billing Medicare of patient care that was never given or unnecessary and defrauding the system in excess of millions of dollars.  More recently in Texas, six individuals were indicted for conspiring to defraud Medicare by causing the submission and concealment of false and fraudulent claims to Medicare.  These individuals could each face up to 10 years in the Federal Bureau of Prisons.  These are significant crimes that require attentive legal representation.  With the government vigorously fighting these cases, having an experienced federal attorney is extremely important and can mean the difference of years in the Federal Bureau of Prisons.

The Law Offices of John M. Lynch, LLC., provides legal services all across the country for individuals that have been charged with such crimes. The Law Offices of John M. Lynch, LLC. is the premier defense firm of Medicare and healthcare fraud, with vast experience in federal court. Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.

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What is an analogue or synthetic drug? They are often referred to as “designer drugs,” and are typically found at gas stations and convenience stores. The Controlled Substance Analogue Enforcement Act of 1986 defines analogue drugs as those where the chemical structure of the synthetic drug is substantially similar to that of controlled illicit substances.  Generally, these analogue drugs have similar effects to stimulant, depressant, or hallucinogenic drugs often experienced with controlled illicit substances that are found in schedule I or II. Bath salts and K2 are just a couple of the most prevalent analogue drugs that you hear about today.

The Analogue Act is a difficult statute to understand, so that is why having the right lawyer is even more important. Recently, the Supreme Court in United States v. McFadden, tackled whether the statute was constitutional. The Supreme Court ultimately found that the Analogue Act was constitutional, however the Court reinforced the “knowledge” requirement in the statute. The Court determined that the knowledge requirement may be met in two ways: (1) by showing that the defendant knew he/she possessed a controlled substance, regardless of whether he/she knew the particular identity of the substance; or (2) the defendant knew the specific analogue or the identity of the substance he possessed, even if he did not know its legal status as an analogue. Even though the Supreme Court clarified some of the issues with the statute, the Analogue Act is still difficult to dissect. Having the right lawyer is crucial in having effective representation.

Therefore, these types of crimes should not be taken lightly as such federal crimes are inherently more complex in nature, involve serious criminal acts and then the possibility of serious penalties. In fact, in these cases, the penalties that one may face can be just as harsh as those related to the possession or distribution of the actual drug. These cases are especially difficult as they tend to be very technical in nature, and may require the expertise of a chemist to analyze the substance molecules.  Due to the complex nature of these cases, a keen understanding of the Federal Sentencing Guidelines, applicable statute, as well as access to a host of legal resources all are needed to protect your interests.

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Sexual crimes, including those involving online activities are becoming more and more prevalent.   Federal Sex Crimes involve stringent rules, high penalties, and the complete destruction of one’s personal life.  Allegations alone can be devastating.   Coupled with the embarrassment, the psychological trauma associated with these Federal and State Sex Offenses require skilled representation.  Many charges are filed that overstate the actual offense or are the product of misinformation.  Simply stated, Attorney John Lynch has represented many individuals charged with various sex offenses, including child pornography, that were not guilty of the offenses charged for a host of reasons.  Recently, Attorney Lynch won an egregious sex case involving possession of images that the client simply did not possess.  The result- the client was able to rebuild his life based on the expertise of Attorney Lynch, his staff and network of experts.  Let’s face it- these cases aren’t popular, involve disgusting allegations all of us agree require justice.  But it is important to ensure the law is applied fairly and equitably.  The law typically favors the Government’s position, the evidence is usually extensive, and the resultant criminal charges, the organized result of months of planning.  That is why having an attorney that is familiar with federal court and with the sentencing guidelines is critical.

The Law Offices of John M. Lynch, LLC have been notably successful in the federal arena, with the ability to negotiate favorable plea agreements, as well as taking cases to trial successfully with acquittals on all and partial counts. The Law Offices of John M. Lynch, LLC., provides legal services all across the country for individuals that have been charged with these types of crimes in federal and state court. Attorney John M. Lynch and his defense team have the knowledge, experience, and resources to effectively defend one charged in federal court. Call us today (314) 726-9999 or take a look at our website at www.lynchlawonline.com.

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Lately, there has been a rush of prosecutions in the area of what we legal practitioners like to call White Collar Crime.  Of course, this term is just the umbrella descriptor for a whole host of federal crimes for which convictions can have dire consequences.  This would include criminal allegations of Public Corruption, Extortion, Bribery, Fraud such as Medicare/Medicaid, Mortgage and Insurance Fraud, and Embezzlement.  These particularly complex federal crimes require skilled counsel with the knowledge and expertise to evaluate the substance of the case and provide the right defense.  Substance over form trumps form over substances here.  Many attorneys with general practices like to represent that they can handle these federal criminal cases because of relative success in State and Local courts.  Unfortunately, the opposite is too often the case.  Federal Criminal Defense involves a whole separate set of rules and laws than that of State courts.  Additionally, these rules are more stringent, have often unforeseen consequences, and therefore requires legal counsel with the required legal acumen to jump on board and steer the client toward success- or better stated to salvage the client’s life.   That is why it is critically important to have a legal team with the resources, experience and level of skill necessary to represent your interests.  Not doing so could mean your life as you know it.

These federal cases are becoming more prevalent in our society.  We see it every day in our government, corporations, and education system where individuals are accused of violating federal law as it pertains to a host of activities deemed illicit by statute.  With the whole “interstate commerce” thing, that could mean almost anything when it comes to the use of one’s PC to transfer funds, etc.  Recently, St. Louis and its surrounding area has seen an influx of these type federal criminal prosecutions and the sad result of poor decision making as it pertains to choosing the right law group.  The result- too much restitution, too much prison time and the dismantling on many families.  This is where is incumbent on any person accused of a federal crime to do their research.  Federal crimes require Federal lawyers.

YOU must educate yourself as to those rules and your rights.  As a former police investigator, JOHN M. LYNCH has the requisite experience and training to handle your federal criminal case.  Trained by the police academy, the State of Missouri and the federal government, JOHN M. LYNCH not only understands the various aspects of federal investigations and later litigation, but teaches it to other attorneys as well.  Key to your defense is being able to intelligently question the methodology employed by the investigating agents and articulating error to a jury and the court.   That alone is why having the right representation is paramount.  JOHN M. LYNCH has an unmatched record of success in state and federal courts all across the Missouri.  If you want successful representation  for your federal criminal case, the attorney you choose must be one that is familiar and practices in this area on a regular basis.  The Law Offices of John M. Lynch, LLC. is the prominent defense firm that handles criminal cases nationwide.

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Unlike the run-of-the-mill misdemeanor or even a felony DWI, a DWI involving a death or DWI manslaughter is a charge that should not be taken lightly as it comes replete with serious prison time.   A charge such as this requires immediate and experienced representation.   That is why it is critically important to have a legal team with the resources, experience and level of skill necessary to represent your interests.  Not doing so could mean your life as you know it.

DWI with a death involved can be extremely emotional for all parties involved and is forever life changing.  These charges should be taken very seriously, as many advocacy groups actively lobby the state legislature to make the rules even more stringent than they already are.  That is why having the right representation is key.  As a former police investigator, JOHN M. LYNCH has the requisite experience and training to handle your DWI manslaughter charge.  Trained by the academy, the State of Missouri and the federal government, JOHN M. LYNCH not only understands the various aspects of DWI investigation and litigation, but teaches it to other attorneys as well.  Key to your defense is being able to intelligently question the methodology employed by the arresting officer and articulating error to a jury and the court.   That alone is why having the right representation is paramount.  JOHN M. LYNCH has an unmatched record of success in state and federal courts all across the Missouri.  If you want successful representation for your DWI, the attorney you choose must be one that is familiar and practices in this area on a regular basis.  The Law Offices of John M. Lynch, LLC. is the prominent defense firm that handles criminal cases nationwide.