Recent Blog Posts

Helping You Initiate a Defense Against Prescription Drug Charges

 Posted on December 05, 2019 in Drug Charges

When individuals in Texas and elsewhere think of drug crimes, they likely think of street drugs such as marijuana, cocaine, heroin and methamphetamines. Nonetheless, an individual could face drug charges for simply having a drug in his or her possession that they shouldn't. Prescription drugs, although legally possessed by those prescribed them, could result in drug charges if a person is in possession of prescription medications without a prescription.

Being accused of a prescription drug crime is a serious situation and should be treated like any other criminal allegation. The accused has the right to assert a defense. However, it is imperative that they fully understand the accusations that they face and the potential penalties that could result. The attorneys at Barbieri Law Firm, understand how to navigate these matters and are prepared to guide our clients through the defense process.

Whether one is facing charges relating to fentanyl, OxyCotin, morphine, Adderall, vicodin, Demerol, codeine or other prescription drug charges, our law firm will consider the situation as a whole, helping our clients understand any defenses available to them. Because drug possession charges could damage one's personal and professional reputation if a conviction results, we work thoroughly and diligently to provide our clients with timely and detailed advice when it comes to asserting a defense.

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Legal Protections for White Collar Criminal Charges

 Posted on November 21, 2019 in White Collar Crimes

It is a mistake to think that white collar criminal charges are not serious criminal charges. White collar criminal charges can result in serious penalties and consequences for accused individuals which is why they must be met with a strong criminal defense.

Many white collar crimes are based on fraud and allegations of fraud. White collar criminal charges can include theft charges; money laundering charges; embezzlement charges; identity theft charges; forgery charges; internet crimes; and various different types of fraud charges. White collar criminal charges can be complex and involve business, finances and cyber activity which is why the charges the accused individual is facing should be thoroughly understood.

A strong criminal defense strategy can help accused individuals with the white collar criminal charges they are facing. It may be possible to challenge the charges in a variety of ways including if any violations of the accused individual's rights have been violated, such as an improper search, or if the alleged facts or evidence needs to be challenged for a variety of different reasons. Criminal defense protections are essential to be familiar with when facing white collar criminal charges.

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Legal Options When Faced with Prescription Drug Charges

 Posted on November 08, 2019 in Drug Charges

Prescription drug charges are serious criminal charges and it is important for accused individuals to recognize that prescription drug charges can be as serious as any other type of drug charges. Just like other drug charges, there are different types of prescription drug charges accused individuals can face.

Prescription drug crimes accused individuals can find themselves facing may include possession, distribution and use crimes. If the accused individual does not have a valid prescription for a particular drug and possesses, distributes or uses a prescription drug they allegedly possess illegally, it may result in prescription drug charges which can lead to serious penalties and consequences for accused individuals. Penalties accused individuals may face can include jail time and fines, as well as others.

Everyday people, as well as doctors and others, can be faced with prescription drug fraud charges. Accused individuals should be on the lookout for these charges and understand what to do if they are facing prescription drug charges. As is also true of both drug charges and prescription drug charges, and any criminal charges accused individuals may face, they have a right to a criminal defense.

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Do Authorities Suspect That You Committed Credit Card Fraud?

 Posted on November 01, 2019 in Fraud

Using credit cards and debit cards is most people's preferred method of making payments. They may enter their information online or over the phone, give their cards to servers at restaurants when it is time to pay, or swipe them at the checkout of their favorite retail locations. In fact, using plastic to pay is more common than paying with cash.

Of course, because credit and debit cards are such a popular way to pay, the chance exists for credit card fraud to occur. Unfortunately for you, rather than being a victim, authorities believe that you have committed this type of crime yourself.

Fraudulent Actions

Facing accusations of fraud is a serious ordeal, and you may wonder how you even became a suspect in the first place. Your mind may be reeling with any number of similar questions as well, and finding the right answers may seem impossible. However, you can go over your actions, the circumstances of your arrest and the evidence against you in efforts to find the best way to handle your case.

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What are Search and Seizure Protections for Accused Individuals?

 Posted on October 25, 2019 in Criminal Defense

Anyone who has been accused of committing a crime should keep in mind that they have important criminal defense protections that authorities must follow when arresting an accused individual for an alleged crime. The Fourth Amendment of the United States Constitution protects accused individuals from unreasonable searches and seizures so it is helpful to know what that includes.

Fourth Amendment protections against unreasonable searches and seizures include the person of the accused individual, as well as their home, business or property. If police have violated the accused individual's search and seizure rights and protections, it may call into question the evidence they obtained and the charges against the accused individual. Because of the overwhelming importance of criminal defense protections, such as those against unreasonable searches and seizures, it is essential for accused individuals to know when they apply.

Search and seizure protections apply in circumstances when an individual is stopped and questioned by police while walking down the street; when an individual is pulled over for a minor traffic infraction and the trunk of their vehicle is searched; when an individual is arrested; when authorities enter the home of an individual and arrest that individual; when authorities enter the home of an individual to search it for evidence of a crime; when authorities enter the business place of an individual to search it for evidence of a crime; and when authorities confiscate an accused individual's vehicle or other personal property and place it under police control.

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What are Examples of Everyday White Collar Crimes?

 Posted on October 11, 2019 in White Collar Crimes

Just because white collar crime may occur every day does not mean that it is not serious and cannot result in serious penalties and consequences for accused individuals.

For anyone facing white collar criminal charges, accusations and allegations, it is important to be familiar with some common types of white collar crimes that can lead to potential trouble.

Examples Of White Collar Crimes

One example of white collar crime that may not be uncommon is tax evasion which is a form of tax fraud. Most white collar crimes involve an element of fraud which is considered the use of deceptive practices to obtain something of value for personal gain. Another example of white collar crime can include stealing trade secrets which an everyday employee may be able to do. In addition, money laundering and embezzlement may also be forms of white collar crime that can result in criminal charges.

Potential Consequences Of White Collar Crimes

White collar criminal charges can result in fines, potential jail time and a criminal record for the accused individual which can make their professional and personal lives difficult. As a result, it is helpful for accused individuals to be familiar with how to defend themselves against white collar criminal charges and how to utilize important criminal defense protections when facing them. Any criminal defense strategy may focus on any police misconduct, if proper procedures were not followed by authorities or problems with the facts and evidence as alleged by authorities or in witness statements.

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Heather Barbieri Discusses Guyger Case Developments on WBAP Radio

 Posted on October 03, 2019 in Criminal Defense

On October 1, former Dallas police officer Amber Guyger was convicted of the "mistaken apartment murder" that took the life of neighbor Botham Jean. This verdict came as something of a surprise to some who followed the trial, including our own Heather Barbieri of Barbieri Law Firm.

Barbieri's Viewpoint

In a discussion on WBAP Radio's "Chris Salcedo Show," Barbieri and host Chris Salcedo stated that the prosecution "missed the mark" with not only their own witnesses but also in the cross-examination of the defense's first witness, Guyger. Failing to counter the defense's gains at every turn, Salcedo described the prosecutor himself as "cocky" and "dismissive" in his questioning of Guyger. Barbieri felt that the "snide comments" made by the prosecution actually made Guyger more sympathetic as a witness.

Barbieri's main concern with the prosecution's case was that they failed to bring up recklessness and that, in her opinion, this was necessary to make the case for first-degree murder. Given the considerations of "mistake of fact" and self-defense, she felt that defense came out ahead as of Guyger's testimony.

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What Are The Rules Regarding Check Forgery?

 Posted on December 07, 2018 in Forgery

Texas has strict rules when it comes to writing bad checks. Whether you willfully or accidentally write a check on a bank account with insufficient funds, write a check from a bank where you have no account or sign another person's name on a check, the penalties are severe.Writing a bad check is a state jail felony punishable by between 18 and 24 months in jail and a fine of up to $10,000. The conviction stays on your record for five years and affects your ability to get jobs, take out loans and, obviously, open a bank account.There is no shortage of allegedly fraudulent check writers throughout Texas. Among the most recent examples:

  • One Jourdanton couple faces multiple counts of forgery after police found goods allegedly purchased with fraudulent checks, along with items reportedly stolen from area businesses and alleged drug paraphernalia.
  • Police in Amarillo are looking for a woman wanted in three counties for fraud, forgery and credit card abuse.

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Importance Of A Strong Criminal Defense Strategy

 Posted on December 06, 2018 in Criminal Defense

When any accused Texan is facing criminal charges, a strong criminal defense strategy is paramount. A strong criminal defense strategy can potentially help mitigate some of the possible penalties and consequences the accused individual is facing as a result of the criminal accusations and allegations that led to the charges they are facing.

Criminal Defense Strategies

There are a variety of different types of criminal defense strategies, and the best one depends on the situation and circumstances the accused individual is facing. Some criminal defenses are based on specific affirmative defense, while others may be based on an attack of the alleged evidence or the activities of authorities, if they violated any of the accused individual's rights. There are different methods of approaching a criminal defense strategy that accused individuals should understand.

Why You Need A Criminal Defense Attorney

There may be circumstances when the accused individual provides admissions, a denial or an explanation of the crime. Though, because there is so much riding on any criminal defense strategy, it is essential for accused individuals to have trained guidance when facing criminal charges and determining how to respond to the charges. Accused individuals have important criminal defense rights that must be protected and it is essential for them to understand how to assert those rights.

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One Surgeon Defrauded Over 2,500 People

 Posted on November 29, 2018 in Fraud

50-year-old Spyros Panos, an ex-orthopedic surgeon, saw dozens of patients a day at his suburban medical group in New York. Over the years, he was billing for surgeries never performed and inflating charges. After being caught, his first criminal scheme shutdown, only to be followed by another: medical insurance fraud.

During this new stage of fraud, Panos posed as another doctor. With his new identity, he reviewed thousands of patient medical records, affecting over 2,500 individuals nationwide. According to state officials, he denied almost 200 medical and workers' compensation claims. Some of the allegations and charges against him include:

  • Wire fraud
  • Identify theft
  • Medical malpractice
  • Falsifying medical records

After a decade-long of criminal activity, Panos earned over $7.5 million. Court records indicate that he performed up to 20 surgeries daily, and saw anywhere from 60 to 90 patients a day in his office.

Analyzing industry vulnerabilities

The length of Panos's criminal history raises questions about security and accuracy in the medical review industry. Some companies told authorities that they are working on preventing posers from infiltrating the system. However, the industry has yet to present any preventative measures. Anthem Inc, Health Care Service Corp. and The Hartford were just a few insurance companies using Panos's fraudulent services.

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