Scots Law Talks’ Post

The evidence and scheduling of these cases are starting to converge. We will probably have a ruling new the New York corporate fraud trial by January, with the DC election subversion case set for trial in March. #berenzweiglaw #trump #trial #corporatefraud

Achieving Justice for Our Clients! We recently secured a dismissal for a Class C theft charge, demonstrating our commitment to protecting your rights and future. Trust our legal expertise to fight for you. Contact us today at 281-984-4146! #LegalVictory #JusticeServed #HoustonLawyer #DefenseAttorney 🚀⚖️💼

Curious about the specifics of auto theft charges in Georgia? Click the link below to dive into what it takes to be charged and common defenses. Whether you're facing allegations or just want to be informed, understanding your rights is crucial. Questions? Give @bixonlaw a call at (404) 551-5684 https://lnkd.in/dABKGVn4 #atlantacriminaldefenselawyer #criminaldefense #bixonlaw #atlantacriminaldefenseattorney #lawyer #attorney #theft #theftofauto

A theft arrest can have serious consequences, but knowing the right steps to take can make a significant difference. Alpert Schreyer Trial Attorneys outlines the actions you should follow to ensure your rights are protected and to build a solid defense. From understanding the charges to preparing your case, we're here to support you every step of the way. #TheftArrest #LegalSupport #DefenseStrategy #AlpertSchreyerTrialAttorneys

Today in The Scotsman, Julie Fisher, Partner in our Edinburgh Office, explores the two recent Sheriff Appeal Court decisions that provide clearer guidance on the approach to awarding legal expenses in potentially fraudulent claims, balancing the need to discourage false claims with fairness to claimants who genuinely believe in their cases. Read the full article here: https://bit.ly/3KLtheP   #CounterFraud #LegalInsights

Explore the history and development of fraud, from its origins in common law “cheating” to modern offences under the Fraud Act 2006. Learn about key offences like fraud by false representation, abuse of position, and failing to disclose. 📰 #Fraud #CriminalDefence #LegalInsights #UKLaw #JusticeSystem

Curious about the specifics of auto theft charges in Georgia? Click the link below to dive into what it takes to be charged and common defenses. Whether you're facing allegations or just want to be informed, understanding your rights is crucial. Questions? Give @bixonlaw a call at (404) 551-5684 https://lnkd.in/djH7GHhe #atlantacriminaldefenselawyer #criminaldefense #bixonlaw #atlantacriminaldefenseattorney #lawyer #attorney #theft #theftofauto

🧑⚖️ Understanding the Difference: Theft, Extortion, Robbery, and Dacoity 🕵️♂️ 🔍 Dive into the nuances of these criminal offenses with our latest infographic! From the element of fear to the involvement of force, and the gravity of punishments, learn how each crime is uniquely defined. Knowledge is power, especially in the realm of law! 📚⚖️ #LegalStix #LawSchool #LegalEducation #CriminalLaw #Theft #Extortion #Robbery #Dacoity #KnowYourRights #LegalAwareness #FutureLawyers #LawStudentLife #LegalNotes

*OUT NOW* What's happening in the aftermath of the Bridgeport ballot controversy? Cameron Atkinson, a criminal defense and civil rights attorney, is leading a suit on behalf of Fight Voter Fraud, Inc., demanding that the perpetrators be arrested for ballot fraud. Listen to the full episode here: https://lnkd.in/ezTmcswm

Remarkable results today for CPS Proceeds of Crime in linked appeals: Haden and others [2024] EWCA Crim 344 and Luxton [2024] EWCA Crim 340. The former considered challenges by the Crown against refusals to extend the ‘confiscation timetable’ pursuant to s14(2) PoCA 2002 in four different cases. The latter considered the linked but discrete issues arising apropos of the scope and extent of the ‘Slip Rule’ per s385 Sentencing Act 2020 and its interaction with s14 PoCA in turn. The Crown suceeded in all of these appeals. The clarification given by the Court as to the priority of impetus in PoCA proceedings is interesting, especially in a time where Crown Courts have had to necessarily prioritise “live” cases with such a significant backlog, including for instance rape victims waiting two years or more for justice. At para 25 of Haden the court makes clear: “The fundamental principle is that the 2002 Act regime for confiscation imposes a duty to act upon the court. The purpose is to ensure that crime does not pay.” In Luxton, the issues were more complicated, because of the interaction between PoCA and the slip rule: Essentially, at the operative time the court should have proceeded, it was instead invited to withdraw the confiscation proceedings, in large part because prosecuting counsel only had one CACD authority (Iqbal) which had been superseded by a UKSC case (Guraj). At para 42 the court noted that “Unlike prosecuting counsel, the judge had an awareness of the authorities…” and at 43: “Prosecuting counsel was not only wrong about the law, he was also not fully informed about the facts” Notwithstanding issues over the procedural approach, the concerns which arise over the assistance the judge was given as to the *relevant* authorities provide a basis for the CACD to set aside the lower courts decision. These cases underline the importance of: 1) courts prioritising the confiscation process just as they would the timeliness of a substantive criminal trial 2) court users providing up to date, relevant and candid assistance to the court in the interests of justice. Clearly, confiscation law is complicated and requires training and repeated CPD to stay up to date.