A person charged with a crime has an absolute right to a trial by jury. At trial, the state must prove each element of each offense charged beyond a reasonable doubt. The burden of proof is on the state exclusively; the defendant is not required to prove or disprove anything. The decision to take a case to trial is a very serious one. If the jury finds the accused person not guilty, then the case is over, the person is free to go, and he or she cannot be tried for the same offense twice. If however, the jury finds the accused person guilty, then the judge can impose a sentence up to the statutory maximum. Trial experience counts because when you face federal criminal charges, the government will use its best, most experienced attorneys to present their case against you. As an experienced federal criminal defense attorney, Ms. Borghetti has taken many of her cases to trial, acheiving acquittals on behalf of many of her clients.
Beginning with our first contact, Ms. Borghetti will attempt to take action before an indictment is ever filed and conduct our own investigation. If you have been approached by law enforcement or the United States Attorney for a particular district, or if you have received a formal target letter, contact us at once for personalized instruction on how you should best proceed.
Medical providers and patients can both be indicted for healthcare fraud for activities such as altering or fabricating medical bills and related documents, performing excessive or unnecessary treatments, claiming a false or exaggerated medical disability, collecting on multiple policies for the same illness or injury, or engaging in fraudulent billing schemes such as charging for a service which is more expensive than the one actually provided, charging for services not provided, or submitting duplicate charges.
Making a material misstatement, misrepresentation or omission relating to a piece of property or potential borrower which misleads a lender to funding a loan. Mortgage fraud can include submitting inflated appraisals, false loan applications, or documentation; using straw buyers, or giving or receiving kickbacks in connection with loan approval.
A scheme to defraud or obtain money or property by false pretenses using electronic communications such as wire services, radio, television, the telephone, or computers and the Internet.
Tax fraud occurs when an individual or business entity willfully and intentionally falsifies information on a tax return in order to limit the amount of tax liability. Tax fraud essentially entails cheating on a tax return in an attempt to avoid paying the entire tax obligation. Examples of tax fraud include claiming false deductions; claiming personal expenses as business expenses; and not reporting income.
Allegations of securities fraud are investigated by the Securities and Exchange Commission (SEC) and National Association of Securities Dealers (NASD). The crime can carry both criminal and civil penalties, resulting in imprisonment and fines. Some common types of securities fraud include manipulating stock prices, lying on SEC filings, and committing accounting fraud.
The process of creating the appearance that large amounts of money obtained from serious crimes, such as drug trafficking or terrorist activity, originated from a legitimate source.
The Federal Controlled Substances Act provides for aggressive prosecution of drug trafficking and drug possession. Penalties are dependent on quantity of narcotics, type of drug involved, and whether other charges are being considered involving force or weapons.
Being charged with a drug trafficking, distribution, or drug possession with intent to distribute typically means facing felony charges and a prison term. The most important first action you should take is to contact a defense attorney. Each case is different but having representation that knows the criminal system can make all the difference.
The Tampa/St. Petersburg State and Federal Drug Crime Attorney, Anne F. Borghetti defends people facing drug charges. Call 727-502-0300 to begin working on your case today.
Criminal defense attorney, Anne F. Borghetti is qualified and experienced in defending the following Florida state criminal charges: All Felonies and Misdemeanors charged in the State of Florida, including Murder, Homicide, Manslaughter, Robbery, Carjacking, Burglary, Drug Offenses, Controlled Substances, Possession, Sale, Trafficking or Distribution Manufacture of Delivery Purchasing Domestic Violence (DV) Kidnapping, False Imprisonment Sex Crimes, Sexual Assault, Lewd Acts Firearms and Weapons Charges Grand Theft, Receiving Stolen Property Assault and Battery Probation Violations (VOP) Violations of Community Control (VOCC) .
A DUI is a process against your best interests, and to get through this process with the best result you need a litigating attorney with courtroom experience. Anne Borghetti can help answer your questions and lead you through the process of a DUI with your best interests at heart. A DUI can cause a lifetime of problems; loss of license, community service requirements, insurance rate increase, fines, perhaps even job loss or jail time. The decisions you make over the following weeks are some of the most important decisions you will ever make. Seek qualified council.
- 10 days after an arrest in Florida, you will automatically lose your license. You need to respond, or have a lawyer respond for you, to challenge this.
- Adult drinking and driving is not illegal, only driving while impaired is illegal.
- Arrested is not convicted.
If you were convicted of a crime in a federal district court, your next step is to appeal. Defendants who lose federal criminal trials always have the right to appeal to the Federal Circuit Court of Appeals. If you had chosen the course of a plea agreement, you may still have the right to appeal. Even if you believe that you have a strong case, the appeals process can be overwhelming, and you may be entitled to more forms of post-conviction relief than you realize. You need a knowledgeable federal appellate attorney to guide you through the process and help you regain your freedom.
This is not an uncomplicated elemental step. To appeal, your attorney must first submit a brief to a three-judge Circuit Court panel for consideration. The brief would pinpoint the legal errors committed by the district court that affected the decision. Your attorney would then make a short, focused oral argument in federal court about the legal issues of the case. Only a dedicated federal appellate attorney with years of experience can navigate this complex federal appellate process.
If your appeal is denied, an attorney could prepare and argue a Federal Writ of Habeas Corpus. A Writ is a petition that seeks the convicted person’s release from federal custody, and may attack the conviction on grounds not covered in the appeal, as long as they are Constitutionally based. Often it focuses on the conduct of the defense attorney who tried the original case.
Don’t wait until it’s too late to appeal. Whether your conviction involves drugs, or other federal crimes, contact an experienced criminal defense attorney today. Contact us today for a free initial consultation.
Under the Fair Sentencing Act, a Judge must first calculate the advisory Sentencing Guidelines and then consider U.S.C. 18 § 3553 factors before sentencing you. It is then that that the court is free to sentence you to any reasonable sentence.
Sentencing is the most crucially important phase. Even if you have been convicted and are awaiting sentencing or being re-sentenced for a Rule 35 Hearing, contact me immediately at 727-502-0300 to determine which of those sentencing factors may be applicable to your case.
The vast majority of federal charges result in convictions, most of them through guilty pleas. That is because when a conviction appears to be inevitable, most defendants attempt to minimize their losses by pleading guilty. If you have been charged with a crime in federal court and are considering a plea, choosing the right lawyer to negotiate the agreement could be the most important decision you’ll make in your case. Whether you eventually serve time in prison, and if so, how long and where, depends to a large degree on the experience and skill of your attorneys in identifying what should and should not be in your plea agreements. Often your success in obtaining a favorable plea agreement will depend on the government’s experience in court with the attorney you’ve chosen to represent you. With over 20 years of trial experience behind her, they know she’s ready to go to court to defend you.
When you have been indicted by the federal government, there is one action that should take precedence — seeking the help of a highly-qualified federal criminal defense attorney. Criminal defense attorney Anne F. Borghetti will provide you experienced counsel about the following aspects of your defense.
- Cooperation. One of the first and potentially most critical decisions you will have to make is whether or not to cooperate with the government. Government officials often tell you that it will be better for you to cooperate with them, but this is not necessarily true. Working with a highly qualified attorney will protect your interests before or after a federal indictment so that you get the benefit of any bargain you strike with the federal government.
- Making bond. After you are indicted, you will have to attend a bond hearing. The law places the burden on you to prove that you are not a risk of flight or a danger to the community. Having a lawyer to effectively advocate for you at this stage is highly beneficial.
- Addressing search warrant issues in court. Your attorney may help you attack a search warrant that was improperly based on wiretap or other improper police guidance that resulted in the seizure of evidence. This includes illegal traffic stops and residential property and computer searches. Successfully doing this can suppress evidence like firearms, drugs, and money that may have a negative effect on your case.
- Attacking the federal indictment. Attacking a federal indictment is not as simple as it used to be, but working with an experienced attorney may help keep it an option.
If you have received a subpoena to appear before a grand jury as a witness or a target of indictment, federal criminal defense attorney Anne F. Borghetti is ready to provide experienced representation. If you have received a subpoena for documents, the mere act of providing them without proper representation may cause you to forfeit you 5th Amendment right against self- incrimination. Grand jury investigations and testifying before the grand jury are complicated procedures for those unfamiliar with the process. We can help understand your status in the investigation and advise you appropriately regarding your rights and options.
If Ms. Borghetti begins working on your case before charges are filed, she may be able to conduct her own investigation and deal directly with the prosecutor, often influencing what charges are filed or sometimes even preventing any charges from being filed at all. Once charges are filed it becomes more difficult to have them dropped or dismissed.