A civil SEC investigation can create criminal exposure

How deposition statements can become evidence in a federal case

The Fifth Amendment becomes more complicated in a civil proceeding

Civil and criminal strategies cannot be separated

Protect your position before the stakes rise

When does a violation become fraud?

• Listing a property with permit information that does not match how you actually use the rental.
• Creating lease agreements or guest records that appear meant to get around local rules.
• Reporting different income amounts on booking sites and tax documents.
• Using emails, text messages or other electronic communications to support statements investigators later view as misleading.

When can Hawaii law raise the stakes?

Why can early conversations carry risks?

What can your digital footprint reveal?

• Boards often require self-reporting of arrests or indictments within a certain timeframe
• Administrative proceedings move much faster than the federal criminal court calendar
• The "preponderance of the evidence" standard in board hearings is easier to meet than "beyond a reasonable doubt”
• Public records of an investigation can permanently damage your professional reputation among peers

Strategic defense beyond the courtroom

• Hire counsel experienced in both federal criminal defense and Hawaiʻi board procedures
• Review the reporting mandates for your license to avoid "failure to disclose" violations
• Prepare a reputation management plan to address concerns from employers, hospitals, or clients

Providing identification

Answering questions

Field sobriety tests

The benefits of depositions

• Finding out information that you otherwise wouldn’t have known.
• Pinning the witness down on their testimony so that you can then attack their credibility and reliability at trial if their testimony changes.
• Blocking the witness from testifying at trial if they fail to appear at the deposition.
• Discovering new angles of attack when addressing the prosecution’s case.

Leave nothing to chance in your criminal case

• The severity of the offense: Though a misdemeanor can result in jail time, it’s much more likely that you’ll face incarceration if you’re convicted of a high-level felony. Therefore, the specific crime for which you’re convicted can play a significant role in the penalties that are imposed against you. This is why in a plea bargain it’s best to seek reduced charges.
• Your criminal history: First time offenders are sometimes let off easy, especially if the offense in question isn’t severe. But if you have a history of criminal wrongdoing, then the court may be more comfortable imposing more significant penalties against you, which could include incarceration.
• The damage caused by criminal wrongdoing: The harm caused to any victims, including a business, will also be considered when determining appropriate penalties. Therefore, if a victim was irreparably harmed by the offense in question, then you’re more susceptible to more severe punishment in the form of incarceration.
• Your demeanor: The criminal justice system is meant to punish individuals for wrongdoing and to deter them from engaging in similar behavior in the future. If you come across as someone who doesn’t care that they’ve broken the law, then the court may be more inclined to punish you more severely to make you care. If you come across as remorseful, though, then the court may exercise leniency.
• Any corrective action you’ve taken on your own: Similarly, if you can demonstrate to the court that you’ve taken steps on your own to remedy the behavior that gave rise to criminal charges, then you’re more likely to gain sympathy from the judge, which could spare you from the harshest penalties allowable under the law. If you don’t, though, then the court might think that harsher penalties are warranted.
• Any alternatives to incarceration: Some criminal convictions lend themselves to treatment rather than incarceration. So, if you struggle with a substance abuse or mental health issue, then you might have room to argue that incarceration isn’t needed, and that appropriate treatment should instead be ordered.

Develop a strong criminal defense strategy that seeks to avoid incarceration

How social media can be damaging to your criminal defense

• It can indicate that you were somehow involved in the crime or even directly link you to the offense in question.
• Your posts may be inconsistent with what you say to investigators or in your testimony, thereby jeopardizing your credibility and reliability.
• Messages to family members and friends may make them witnesses against you, leading the prosecution to subpoena them to testify in your criminal case.
• Statements may lead investigators to pursue new avenues of inquiry that allow them to secure other incriminating evidence.

Don’t let social media derail your criminal defense

What are the exceptions to the warrant requirement?

• Searches that are consented to by the property owner.
• Searches intended to seize illegal contraband that is in plain view.
• Searches conducted pursuant to an emergency situation, such as when evidence is about to be destroyed or when someone is in danger.
• Entry into a home that’s part of a hot pursuit of a suspect.
• Searches conducted incident to arrest, where your person and anything you’re carrying can be searched.
• Searches of a vehicle when the police possess probable cause to believe that illegal items are contained within the vehicle.

Don’t let law enforcement trample your rights

Making things worse?

Non-conviction arrests

Conviction information

Qualifying Offenses

The process and requirements

Limitations

Conclusion