What To Do If You've Been Arrested for Appraisal Fraud in Pinellas or Hillsborough County Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses 3 Steps to Take if you have been arrested for Appraisal Fraud (a white collar crime, and subcategory of Mortgage Fraud).

Issue:

You may know that Florida is now No. 1 in Mortgage Fraud.  What you may not know is that in Florida, the subcategory of Appraisal Fraud soared in 2009, jumping to 36 percent of all Mortgage Fraud cases.  This is a huge increase from 18 percent of mortgage fraud cases reported in 2008.  No other fraud category in Florida reported such a dramatic increase.

Florida again No. 1 in mortgage fraud

Why This Matters To You:

Florida is rapidly cracking down on mortgage fraud and all of its subcategories due to the State’s unsavory title as No. 1 in Mortgage Fraud.  There are federal task forces active in the State of Florida to identify Mortgage Fraud, and more specifically Appraisal Fraud.

A recent Mortgage Asset Research Institute (MARI) report says the most common types of Appraisal Fraud include incorrect (or fabricated) comparables, omitted information affecting a home's value, and value inflation.

The MARI report indicated that in today’s market appraisers are under extreme pressure and are more susceptible to unknowingly or unwittingly commit Appraisal Fraud.  Given current housing market conditions, it is often difficult to complete a home sale given the tight market for mortgages, and strict financial assessments of potential buyers.  For example, an appraiser unfamiliar with certain housing markets may innocently provide inaccurate appraisals.  Appraisers are also fearful of providing home values that do not meet the expectations of the buyer/seller as they don’t want to risk future opportunities for business, thus some appraisers may naively agree to "predetermined" valuations.

Appraisal fraud is nothing new, and was most likely plentiful earlier when the housing market was booming.  With home prices then still rising, few cared enough to report Appraisal Fraud as it did not affect their transaction.  Now, given current market conditions, Appraisal Fraud often jeopardizes the transaction and is thus more often reported and pursued by the authorities.

If you have been accused or arrested for Appraisal Fraud in St. Petersburg, Clearwater, Tampa, Pinellas County, Hillsborough County, Manatee County, or Sarasota County, Florida it is important that you contact an experienced Mortgage Fraud attorney to protect your rights.

In many Appraisal Fraud cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Lack of Intent

·         Mistaken Identity

·         Failure to Read Miranda Warnings

·         Insufficient Proof

What To Do Next:

If You Are Arrested For Appraisal Fraud (Mortgage Fraud):

1.       Don't speak to the police - ask to have an attorney present.

2.       Don't give a written statement – again, ask to have an attorney present.

3.       Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when you are either under investigation or arrested and when the State Attorney’s Office and/or U.S. Attorney’s Office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf with the prosecutor gives you the best chance of avoiding criminal charges for Appraisal Fraud.

If you have been arrested for Appraisal Fraud in St. Petersburg, Pinellas County, FL, contact a St. Petersburg Mortgage Fraud Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

A Lifeline If You've Been Arrested for BUI in St. Petersburg, FL

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the next steps to take after a BUI arrest in St. Petersburg, Pinellas County, Tampa, Hillsborough County and the Tampa Bay Area, Florida.

Issue:

The summer in St. Petersburg, Florida brings the heat and boating, and while in most cases a day on the water can be a pleasurable experience, mixing alcohol with captaining a vessel can be dangerous and a significant legal issue.  A Coast Guard study indicated that alcohol use in reported accidents accounted for 31 percent of all boating fatalities.  Further, the study estimated that boat operators with a blood alcohol concentration above 10 percent are thought to be more than 10 times as likely to be killed in a boating accident than boat operators with no blood alcohol concentration.

U.S. Coast Guard BUI Initiatives

Why This Matters To You:

With over 587 miles of coastline in Pinellas County alone, the State of Florida takes ensuring the safety of boaters very seriously, and thus strictly enforces Boating Under the Influence (BUI) laws through the Pinellas County Sherriff’s Office, the St. Petersburg Police Department, the U.S. Coast Guard and various other law enforcement agencies throughout the Tampa Bay Area.




Boating Under the Influence as defined in Florida Statue 327.35:

1. A person is guilty of the offense of boating under the influence if the person is operating a vessel within this state and:
1. The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
2. The person has a blood-alcohol level of 0.08 or more; or
3. The person has a breath-alcohol level of 0.08 or more.

Boating Under the Influence carries harsh penalties, thus having a few drinks while out on the water should not be taken lightly.  In fact, there are penalty enhancements for the crime of BUI in cases where a minor is on the vessel which is a common occurrence.  Additionally, you may face the impoundment or forfeiture of your vessel.

Based on a BUI arrest there are several potential defenses in your DUI case:

1) 1) Driving - being intoxicated will not classify a BUI charge; the prosecutor must be able to prove the defendant was actually driving. This may be challenging, especially when accidents are involved.

2) Probable Cause - proof will be inhibited if the law enforcer did not have legal cause to halt, impede, and detain.

3) Miranda - convicting declarations may be inhibited if restraints were failed to be mentioned at the proper time.

4) Implied Consent Warnings - if the law enforcer did not warn you of the penalties of declining to take a chemical test, or gave it inaccurately, this may affect acceptability of the test results -- as with the license suspension obliged by the motor vehicle division.

5) Illegal Stop – if the law enforcement officer did not have a legal reason to stop you in the first place.

What To Do Next:

If You Are Pulled Over for Boating Under the Influence (BUI):

1.  Refuse any Field Sobriety Tests (FSTs) and/or Breathalyzer tests (know and fully understand the consequences of this action on your driver’s license and any civil penalties)

2.  Don't speak to the police - ask to have an attorney present.

3.  Don't give a written statement – again, ask to have an attorney present.

4.  Contact an attorney immediately.

1. 

Hire the Morris Law Firm as your BUI Attorney and we will aggressively fight your BUI arrest.  BUI consequences can be far reaching, including, but not limited to: Jail time; Civil penalties and fines, Probation; Forfeiture or Impoundment of your vessel.

If you have been arrested for BUI in St. Petersburg, Pinellas County, or Tampa, Hillsborough County FL, contact a St. Petersburg BUI Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

The Tightening Net of Mortgage Fraud - What To Do If You Have Been Arrested for Mortgage Fraud

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses What To Do If You Have Been Arrested for Mortgage Fraud (a white collar crime).

Issue:

Of the 50 states, Florida holds the unsavory title of being No. 1 in mortgage fraud.  The combination of the recession, plummeting housing prices, and high levels of unemployment create the perfect storm for high levels of mortgage fraud.

Florida again No. 1 in mortgage fraud

Why This Matters To You:

As mortgage fraud runs rampant across the country, high profile federal task forces have been setup to address the crime.  In fact, one such federal task force has been dedicated to Florida, no doubt due to the State’s No. 1 ranking in mortgage fraud.

For example, in November, federal prosecutors announced a nine-month investigation that had identified more than 100 defendants and 700 properties from Tampa and Orlando to Jacksonville and Fort Myers.

This tightening net and increased focus on mortgage fraud by the State of Florida and the Feds has the potential to nab more and more defendants in Florida for mortgage fraud.  In many cases defendants unknowingly or unwittingly create the fraud only to see their lives potentially pulled apart when law enforcement comes calling.

If you have been accused or arrested for mortgage fraud in St. Petersburg, Clearwater, Tampa, Pinellas County, Hillsborough County, Manatee County, or Sarasota County, Florida it is important that you contact an experienced St. Petersburg Mortgage Fraud Attorney to protect your rights.

In many Mortgage Fraud cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Lack of Intent

·         Mistaken Identity

·         Failure to Read Miranda Warnings

·         Insufficient Proof

What To Do Next:

If You Are Arrested For Mortgage Fraud:

1. Don't speak to the police - ask to have an attorney present.

2. Don't give a written statement – again, ask to have an attorney present.

3. Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when you are arrested and when the State Attorney’s Office and/or U.S. Attorney’s Office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf with the state attorney’s office gives you the best chance of avoiding criminal charges for Mortgage Fraud.

If you have been arrested for Mortgage Fraud in St. Petersburg, Pinellas County, or Tampa, Hillsborough County, FL, contact a St. Petersburg Mortgage Fraud Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.