Posted on July 20, 2022 in Federal Crimes

Federal crimes are serious offenses for which prosecutors generally try to seek the most aggressive penalties. When you or someone you love is facing charges for a federal crime, it can be hard to think straight, especially if you believe you are innocent. Can you post bail? If you can, should you? Will it look bad to meet with an attorney? The answers to these questions are made much more simple with the help of an experienced federal criminal defense attorney who can immediately get you the help you need. If you are wondering whether you can bail out yourself or your spouse for a federal crime, read on.

Is Bail Possible For Federal Crimes?

Whether bail is possible for any crime will depend on the crime you are accused of, as well as what happens in your bail hearing. For state crimes, a judge will set an amount for a bond and once you post bail or hire a bondsman, you can leave jail. But when you are charged and arrested for a federal offense, you will need to attend an initial hearing with a Pretrial Services Officer. The officer will ask you many questions about your background and your activities related to the crime of which you are suspected. Knowing how to answer these questions can be challenging and it is highly advisable to secure an attorney before you attend your initial hearing.

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 Posted on July 13, 2022 in Miranda Rights

Last month, the Supreme Court of the United States ruled on several important cases. While certain cases earned more publicity than others, one of the cases that got the least coverage is the most important for criminal defense purposes. This case, Vega v. Tekoh, clarified that a police officer cannot be sued if he does not give an individual a Miranda warning before interrogating him when that individual’s incriminating statements are introduced as evidence against him in court.

This has significant implications for criminal defense as it removes a defendant’s ability to seek a remedy for violations of their Miranda rights. If you are being accused of a crime, it is absolutely essential to never give statements to law enforcement that admit guilt. If you are being accused of committing a federal crime, or are even being questioned about one, call an attorney before speaking to investigators.

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 Posted on July 07, 2022 in Federal Crimes

Facing federal criminal charges of any kind in Chicago can be a frightening and confusing experience, especially because federal laws can be so complex and federal prosecutors can be so aggressive. You may rightfully feel as though you cannot trust any promises or guarantees you get regarding bargains or plea deals and even wonder whether the state has a strong case against you to begin with. If you or someone you love has been charged with a federal criminal case, you may be wondering what evidence the state has against you and how much evidence they need to prove you are guilty. Before you make any deals with a prosecutor, make sure you completely understand your options and have help from an experienced, assertive criminal defense attorney.

Beyond a Reasonable Doubt

Federal criminal cases require prosecutors to prove a defendant’s guilt “beyond reasonable doubt.” This means that defendants do not have to prove they are innocent - rather, the government must prove to the jury that the defendant is guilty with evidence that is so clear that there is no reasonable doubt that the defendant is guilty.

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 Posted on June 28, 2022 in Criminal Defense

Now that the Johnny Depp versus Amber Heard verdict has been handed down by the court, many people have asked the same question: Did Amber Heard commit perjury? Many people use terms like “lying under oath,” and “perjury,” but few understand exactly what they mean. Perjury is a federal criminal offense prohibited by multiple federal statutes. Anyone accused of perjury or another federal offense should contact a federal criminal defense attorney right away to get legal advice for their particular situation.

Swearing to Tell the Whole Truth and Nothing But the Truth

Individuals who provide testimony in court are required to “tell the whole truth and nothing but the truth.” Being sworn in binds a person to honesty. Telling a lie on the witness stand is not like lying elsewhere. Lying under oath is a serious criminal offense because it undermines the justice system.

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 Posted on June 20, 2022 in Hate Crime Statute

A man suspected of shooting and killing ten black individuals in a Buffalo grocery store in March was recently formally charged with multiple weapons violations and federal hate crimes. Many people understand the general concept of a hate crime, but do not fully understand what a hate crime is and when they can face charges for a hate crime. Hate crimes can be classified as both state-level offenses and federal offenses. Federal hate crime charges are punishable by severe, life-changing penalties. If you or a loved one were accused of committing a hate crime, contact a hate crime defense lawyer immediately.

Hate Crimes are Crimes Motivated by Bias Against Certain Groups

The term “hate crime” can be confusing because many violent offenses are motivated by anger or hate. According to federal law, a hate crime is one that is committed against someone because of the person’s race, national origin, sex, religion, sexual orientation, gender identity, or disability. The crime could be motivated by the person’s actual race, religion, gender, or another characteristic, or the perceived characteristic.

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 Posted on June 10, 2022 in Federal Crimes

Illegal immigration continues to be a controversial topic in the United States. Many people seek residency and citizenship in the United States and ensuring that people come to the U.S. legally is a top priority for many government agencies. Accusations of immigration fraud often lead to federal criminal charges punishable by harsh penalties. Both immigrants and U.S. citizens can find themselves facing immigration fraud charges.

If you or a loved one were accused of marrying someone solely for the purposes of getting them a visa, identity fraud, or another type of immigration fraud, contact a federal criminal defense attorney immediately. Do not talk to the police until your attorney is present.

Marriage Immigration Fraud

One of the most common types of immigration fraud is marriage immigration fraud. In the internet age, people across the globe from each other can meet online and fall in love without ever meeting face to face. However, some people in this situation find themselves accused of immigration fraud.

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 Posted on May 31, 2022 in Federal Crimes

If you find yourself charged with a federal crime, you might be wondering how your charge compares to a similar charge at the state level. There is some bad news - federal charges are typically a much more serious matter than state-level charges. Federal charges often lead to harsher sentencing, and you are less likely to receive a favorable plea bargain. This is partly because federal judges and prosecutors have less discretion than prosecutors and judges at the state level. If your offense carries a lot of prison time, you will probably serve quite a bit of it should you be convicted or plead guilty. White-collar offenders can expect no special treatment in federal courts, regardless of their position in society prior to the charge. If you are facing federal charges, it is important that you immediately retain a skilled federal criminal defense attorney. Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney has over 20 years of criminal defense experience at the federal level.

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 Posted on May 23, 2022 in Federal Crimes

Opioid addiction is a national epidemic. It spans the entire country, and Chicago is no exception. Individuals who are caught trafficking illegally obtained prescription drugs may be subject to state or federal prosecution. Doctors who distribute narcotics outside the scope of their normal, reasonable medical practice may be subject to prosecution for federal drug crimes as well. It is a federal felony to knowingly and intentionally hand out opioid prescriptions when it is not for a legitimate medical purpose. While a large number of known “pill mills” were taken down years ago when the opioid epidemic first became a known problem, there are still doctors who attempt to discreetly continue prescribing opioids to individuals they know are likely to resell or abuse them.

That said, it can be difficult for federal investigators to fully determine whether or not a prescription for narcotics is based on a patient’s genuine need for relief from legitimate pain. If you are a doctor and believe that you may be under scrutiny for prescribing narcotics, it is important that you reach out to an attorney as soon as possible.

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 Posted on May 16, 2022 in Federal Crimes

When you are convicted of a federal crime, the next step is sentencing. In sentencing, the judge will decide what the appropriate legal punishment for your offense is. This may include fines, jail time, or a term of probation. You may think that once the sentence imposed by the court is over with, you will be free to move on with your life as it was before. Unfortunately, a return to normalcy is unlikely for most defendants due to what is known as “collateral consequences.” Collateral consequences are any consequences of a conviction not imposed by the court. They are very real and may change the course of your life forever. In some cases, you may experience collateral consequences even if you are not convicted. Working with an experienced criminal defense attorney may give you the best odds of avoiding or minimizing collateral consequences.

4 Collateral Consequences of a Federal Conviction You Could Face

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 Posted on May 09, 2022 in Money Laundering

Money laundering is, simply put, the illegal act of making “dirty” money appear “clean.” Generally, this involves making illegally-obtained money, such as profits from selling illicit drugs, look like it came from a legitimate source. Money laundering schemes are growing increasingly sophisticated and hard to detect. With the rise of online and international trade, it is easier than ever for unscrupulous actors to filter dirty money through legitimate businesses. If you own a business, it is important that you keep an eye out for any signs that someone is using your company to launder their illicit funds. Even if you are doing everything in your power to run your business in a legal and ethical manner, all it takes is one criminal to take advantage of you and you could find yourself facing federal charges. If you suspect that your business is being used for money laundering, do not wait to hear from the FBI - call an attorney immediately and follow their advice.

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