Brian Fenton McEvoy’s Answers

Brian Fenton McEvoy

Atlanta White Collar Crime Lawyer.

Contributor Level 8
  1. Do First Offenders Act sentences show up on a background check in the state of Ga?

    Answered over 1 year ago.

    1. Brian Fenton McEvoy
    2. Bert W. Cohen
    2 lawyer answers

    Unfortunately, what often shows up on employer background checks is the arrest record from the GCIC statewide law enforcement database. Unlike convictions, which can be expunged from a person's record, an arrest will always show up on a thorough background check using the GCIC database or other local, state or federal law enforcement databases. Typically, in a pre-trial diversion or first offender case, the charges are often "dismissed" after the individual has met certain court ordered...

    1 lawyer agreed with this answer

  2. How long after a search and seizure does the law have to file charges

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    1 lawyer answer

    There is a set period of time after a crime has been committed during which the perpetrator can be charged. This time period is set by the legislature and is referred to as the statute of limitations. After this period of time has elapsed, a person cannot be charged with the crime, and if charged may raise the statute of limitations as a defense. States differ in the length of time allowed for prosecution of criminal charges under their statutes of limitations. Typically, petty offenses may...

    2 people marked this answer as helpful

  3. Are there any criminal charges in this incident?

    Answered over 1 year ago.

    1. Bert W. Cohen
    2. Brian Fenton McEvoy
    2 lawyer answers

    Since your supervisor's conduct appears to have been beyond the scope of the academic exercise which was being performed, you may have a criminal or civil cause of action against your supervisor. This answer is meant to be general, educational and informative and should not be construed as legal advice. Depending on the specific circumstances of your case, I would consult a knowledgeable attorney in your area.

  4. I had a possion drug charge in 1993. Pleaded "no-low" and completed prob and community service--supposed to be expunged.

    Answered over 1 year ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Michael Jason Rhoades
    3. Brian Fenton McEvoy
    3 lawyer answers

    Unfortunately, what often shows up on employer background checks is the arrest record from the GCIC statewide law enforcement database. Unlike convictions, which can be expunged from a person's record, an arrest will always show up on a thorough background check using the GCIC database or other local, state or federal law enforcement databases. Typically, in a pre-trial diversion or first offender case, the charges are often "dismissed" after the individual has met certain court ordered...

  5. Is this a white collar crime?

    Answered almost 5 years ago.

    1. Garrick Neal Fox
    2. Derek B Brett
    3. Brian Fenton McEvoy
    3 lawyer answers

    As the above Attorney has indicated, in order to be convicted of a federal crime, the government must first prove that you had the intent to commit the crime. In your case, it sounds like you did not. Several things to consider are whether you had the authority to authorize the raises, whether the were justified, and whether you personally gained a financial benefit. This answer is for educational purposes only and should not be construed as legal advice.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Philadelphia Red Light Camera Violation. Any way around this?

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    1 lawyer answer

    Generally speaking, fines resulting from "camera offenses" are not criminal in nature. Rather, they are merely civil fines imposed by the state or local municipality. Having said that, there should be an appeals process which you can pursue by calling the entity which is seeking the fine amount. t all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be...

    2 people marked this answer as helpful

  7. What can i do if i feel i am being illegally accused of bank fraud

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    2. Linda Friedman Ramirez
    2 lawyer answers

    The first thing you need to do is a hire a lawyer in your area that is familiar with business litigation and our defense of economic crimes. Depending on the facts and circumstances of your case, if you made any false statements to a federally insured financial institution in connection with any loan, line of credit or account, you could be prosecuted federally pursuant to Title 18, United States Code, Section 1014 - False Statements to a Federlly Insured Financial Institution. Less likely...

  8. Stock selling by mistake or froudly

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    1 lawyer answer

    Not sure what the answer is based on the phrasing of your question. NOTE: This answer is for educational / informative purposes only and should not be construed as legal advice.

  9. What is the punishment for credit card fraud?

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    1 lawyer answer

    It all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to...

  10. What is the punishment in illinois for id theif and credit fraud for a first time offendera?

    Answered over 4 years ago.

    1. Brian Fenton McEvoy
    1 lawyer answer

    It all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to...