FAQS

What differentiates an unusual operation of a suspect one?

An unusual operation is one that has no relation to the economic activities which will normally make the person; while a suspicious transaction is one that is unusual but presumed to come from illegal activity and has no economic basis. View Service

Are all crimes capable of predicating money laundering?

Different jurisdictions define crime predicating the offense of money laundering in different ways. Generally the differences between the definitions may be summarized as follows:

Differences in the degree of severity of crime regarded as sufficient to predicate an offence of money laundering. For example in some jurisdictions it is defined as being any crime that would be punishable by one or more years imprisonment. In other jurisdictions the necessary punishment may be three or five years imprisonment; or Differences in the requirement for the crime to be recognized both in the country where it took place and by the laws of the jurisdiction where the laundering activity takes place or simply a requirement for the conduct to be regarded as a crime in the country where the laundering activity takes place irrespective of how that conduct is treated in the country where it took place. In practice almost all serious crimes, including, drug trafficking, terrorism, fraud, robbery, prostitution, illegal gambling, arms trafficking, bribery and corruption are capable of predicating money laundering offences in most jurisdictions.

What is money laundered?

Money is laundered when a person or business deals in any way with the benefit of someone else's crime. That can happen in many different ways. Generally, money laundering takes place in three stages. Placement, the stage at which the funds are brought in the financial system. Layering, the process in which the property is 'laundered' and its ownership and source are camouflaged. Integration, the last stage at which the 'laundered' property is re-inserted into the legitimate economy. View Service

Is there any place where it is allowed to save money and the origin is not investigated?

Yes, these places are appointed fiscal paradise. Countries are exempt of tax payments or low invested that have bank accounts or large business in their territory, usually illicit money is transferred to these countries to hinder tracing the source of that money. View Service

What crimes fall under the RICO law?

By law the purpose of this organized criminal activity includes:

Any violation of state laws such as occupation of toxic substances, murder, extortion, arson, robbery, trafficking in, kidnapping. Any violation or act of embezzlement, counterfeiting, theft, bribery, fraud, obstruction of justice, money laundering, and commission of murder for hire. Assisting aliens to enter the country illegally. (if the action was for profit). Acts of terrorism.

What should I do to get sealed or expunged a criminal history record?

With the aim of having sealed a criminal record or set aside in the State of Florida, a person must first apply to FDLE for a Certificate of Eligibility. The Certificate of Eligibility does not signify that your criminal record was requested to sealing or expunging. It shows only that you are eligible for the type of resource being requested. The judicial record of a child may also be eligible for other types of expungement. View Service

Where is provided the application for Eligibility Certification?

The Eligibility Certification is provided by the FDLE to the Clerk of Courts in all sixty-seven counties within the Florida state. The application packages can be gathered from the criminal division from the entire county courthouse along the state. View Service

If the charges against me were dismissed, why do I still have a criminal record?

Because criminal records are known to the community excepting that the record is sealed or expunged. That record was created when the person is arrested and finger prints taken. View Service

If my civil rights have been restored, will my criminal record disappear?

No, individuals with previous conviction of a felony are not eligible for a seal or expunge of the criminal history records. View Service

If I had a criminal record sealed or expunge in another state, will I be able to have it sealed or expunged in the state of Florida?

Yes. View Service

Will the Florida Department of Law Enforcement notify every agency involved in my case?

Yes, The FDLE will send a letter to all the agencies involved with your case notifying that they have agreed with the order with the seal and expunge of the case. View Service

Who qualifies for sealing or expunging?

A person, who has not until that time expunged or sealed and has not been convicted as an adult, may meet the requirements or qualify. However, there are several exceptions. For example, in the state of Florida, there is automatic juvenile expunction of juvenile records at 24 or 26. View Service

Can I have all my arrest records sealed after been arrested several times but never pled guilty or been convicted of a crime?

This is not possible in the state of Florida since this state doesnt support innocent until proven guilty. Even when you are found not guilty, Florida only allows you to petition to seal or expunge only once in your lifetime unless the new arrest is linked to the initial arrest. View Service

What are the aggravating and mitigating factors?

Aggravating factors are components such as criminal history and the seriousness of the crime proposing the demand for a more severe discipline. Mitigating factors then again, will support a more merciful sentence. View Service

What are techniques used by perpetrators of domestic violence?

Typically, these techniques happen to be:

Dominance

How can I help someone who has been a victim of a sexual offense?

To help someone who has endured such bad experience, it is essential to listen and make sure the individual feels comfortable. Going to the police, hospitals, receiving advice from group therapies and looking for a lawyer who will advise them properly in such cases is imperative. It is also very important to convey the fact that it is not the victim's fault and it is natural to feel angry and/or embarrassed. View Service

How can someone know what happened was rape?

There are a few things to consider such as the ˜age of consent of the participant (based on state law), the mental and legal capacity of each individual to consent, and whether or not someone has forced or used physical force to make the victim have physical contact with him or her. View Service

If the victim was unconscious or asleep is it still rape?

Rape can take place while the victim is unconscious or asleep, which means the person wasnt aware of what was happening therefore he or she didnt give consent. When the individual doesnt give consent its called rape. View Service

What is kidnapping?

It means using force to take and confine someone against their will, which is a crime punishable in Florida by life sentence. These charges are aggressively pursued by law enforcement officials in the state as this is not a charge to be taken slightly. Individuals wrongly accused of this crime should find an experienced attorney to represent them. View Service

What are the types of sexual harassment in the workplace?

There are two of them:

Quid pro quo sexual harassment

Who is protected from sexual harassment in the workplace?

Under state and federal laws both male and female employees are fully protected against sexual harassment at work whether at a small or big company. Although under federal law both same sex and opposite sex harassment are prohibited, not all states have laws that defend same sex harassment. View Service

Is there any difference between intimidation and threat?

Intimidation and threats mean the same thing; sometimes threats can be mild or imagined, but become intimidation when they turn into serious and produce terror in the victims to be injured. View Service

Why was I charged with aggravated assault instead of simply assault?

The difference between the offenses is based on the severity of the injury. The aggravated assault requires that the suspect caused or intended to cause severe injury in the body, and the simple assault only demands proof that the suspect caused or intended to cause bodily injury. View Service

How to place a restraining order sentence to a person who has been charged with simple assault in Miami Dade County?

To obtain a restraining order, you need to present to the court the simple assault case. The victim should go with the completed form to the court in Miami. Customers may need a restraining order lawyer for your court appearance. However, in a temporary restraining order, plaintiffs may not need lawyers to restraining orders. Gallardo Lawyers specialize in all these formalities, they will ask the judge through the Protection Act, a restraining order to protect customers from attacks. View Service

How long do restraining orders in cases of persons charged with simple assault in Miami last?

Orders usually last more than three weeks. The order is declared valid upon the defendant notice of the order contained. When the defendant appears at the hearing, the judge will decide the period of time that the restraining order will be granted. Orders can take up to 5 years depending on the damage that occurred with aggression. View Service

What is the third-degree assault?

An assault is considered a third degree when a person assaults another purposely using a deadly weapon and causes physical damage that could lead to death. View Service

What is the definition of physical assault?

The physical assault is considered when a person physically assaults another and causes injury and can even cause death. View Service

What is the federal definition of assault?

There is no federal law that defines the assaults because these usually are sentenced in state court, even when the assault occurs against a federal official the penalty for assault might be different and can be accused of an attempted aggravated assault. View Service

What constitutes assault in the workplace?

The assault in the workplace is violence that causes one person to another either physical or verbal within the place of work which may be temporary or permanent. These assaults at work can be directed either to customers, strangers, between workers and a boss to the employee. View Service

I am allowed to possess a firearm in the city where I reside outside the state of Florida. I am going to Miami on vacation soon. Will I be able to take the gun with me?

To legally carry guns in Florida an individual needs to primarily be a permanent resident of the state. Visitors should carry the weapon at all times and that can be considered a danger to the community, but if you bring a city permit from the city you reside or get a temporary permit in Miami that lets you keep the gun. View Service