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Brian Fenton McEvoy

Brian McEvoy’s Answers

16 total


  • Will someone with a White Collar arrest warrant be stop at the airport for an international travel?

    The arrest warrant is not issued yet but it could in a couple of weeks

    Brian’s Answer

    If there is a federal or state criminal arrest warrant, it will likely be entered into the NCIC national crime database. Once this occurs, it is likely that someone could be detained and arrested upon re-rentry into this country from an International flight.

    Of course, if the arrest warrant has not yet been issued, it is unlikely that a passenger would be detained, or arrested.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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  • Is this a white collar crime?

    Before I left my job two years ago I put in raises for my employees. I think I may have put vacation time in wrong. I wasn't trained on how to enter raises or vacations and had the authority to issue them. The raises were not big but I'm not sur...

    Brian’s Answer

    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.

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  • I bought a truck from a dealer and the dealer pull a white collar crime,the persdon that traded it in still owed money on it .

    now he is trying to get the truck back can he

    Brian’s Answer

    The above statement / answer is for educational purposes only and should not be construed as legal advice.

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  • Investivated for a white collar theft in excess of $100K. No charges yet. I am a canadian citizen, us resident. What to exect?

    Former employer accuses me of these crimes. States attorney involved and has begun an investigation, but no charges as of yet. I have custody of my 2 US born children, and am divorced. Will I go to jail? Will I be deported, without my children?

    Brian’s Answer

    If you have received a "target letter" from an Assistant United States Attorney (a federal prosecutor), you may also wish to seek the help of a public federal defender. Typically, if you can not afford to hire your own attorney, you may present a "target letter" to a United States Magistrate Judge and he or she will appoint a lawyer for you (upon a showing of an inability to pay for your own counsel).

    This answer is for educational purposes only and should not be construed as legal advice.

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  • I bought a truck from a dealer and the dealer pull a white collar crime,the persdon that traded it in still owed money on it .

    now he is trying to get the truck back can he

    Brian’s Answer

    If you are the owner of the car, with the title in your name (and a bank as a lien holder), then you have the primary interest in the vehicle. A problem may arise, however, if this is a leased vehichle and a federal law enforcement agency has determined that the automobile was purchased by the dealer with the proceeds of illegal activity.

    Otherwise, you should not be punished for the acts of a third party.

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  • Mr Pichlik

    I am the one that inquired under "Abuse Of Power". I wish to thank you for your prompt reply, but there are a couple of comments you made that I did not understand fully. Basically I wish to know if the probation officer can say that we cannot smo...

    Brian’s Answer

    After serving a federal prison sentence upon conviction of a federal crime, individuals are typically required to serve 3-5 additional years of "supervised release" which is closely monitored by a United States Probation Officer. Pursuant to the standard terms of supervised release, individuals are typically not permitted to associate with other felons, commit any local, state or federal crime, use drugs, or excessively consume alcohol - among other things.

    Any violation of a condition of supervised release can result in what is called "supervised release revocation." If a person's supervised release is revoked, he or she will be required to appear in front of a federal judge who may impose an additional custodial sentence. The U.S. Probation Officer is typically the person that reports a suspected violation resulting in a supervised release revocation.

    Accordingly, the Probation Officer is often the person who may discover, and then report, a violation. In this case, the probation officer can say that you can't "smoke" if you are referring to marijuana or any other federally prohibited substance.

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