Posted on February 12, 2021 in Criminal Defense

Routine traffic stops for minor violations, like driving with a faulty tail light, failing to properly signal a turn, or exceeding the posted speed limit, are common occurrences, and in most cases they result in a ticket and fine, or even just a warning. However, sometimes what starts as a routine traffic stop can result in much more serious criminal charges, including for driving under the influence (DUI) or illegal possession of drugs, weapons, or stolen property. If you are stopped by a law enforcement officer, it is important that you understand your rights.

Common Misconceptions About Traffic Stops

Many people believe that they are required to answer an officer’s every question and consent to their every request during a traffic stop. A person’s natural instinct may be to cooperate, and they may even hope that the officer will let them off with just a warning because they were so polite. The reality, however, is that anything you say to the police officer could become evidence used against you later in court. In addition, your statements could give the officer probable cause to arrest you for a more serious offense, or to search your vehicle.

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 Posted on February 04, 2021 in Federal Crimes

In the first few weeks of his administration, President Joe Biden has taken a number of steps toward keeping promises that he made on the campaign trail. To date, President Biden has signed more than two dozen executive orders, already approaching Franklin Roosevelt’s record of 30 executive orders in the first month of his administration. The president’s efforts of late have been directed toward social and racial justice concerns, including a noteworthy executive order that will phase out the use of private federal prisons by the Department of Justice.

Changing the “Whole Approach”

Last Tuesday, President Biden issued an executive order that directs the Attorney General and the Department of Justice to end their association with privately run, for-profit prisons. As part of the order’s directives, existing contracts with private prisons will continue to be honored, but the Attorney General has been instructed not to renew such contracts when they expire.

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 Posted on January 28, 2021 in Federal Crimes

Most people have at least heard of perjury, and you probably realize that being accused of perjury is a serious matter. You might know that perjury means lying under oath, but did you know that it is a federal crime? There are a number of federal statutes that address and criminalize perjury and related false statements, but two, in particular, are used most often to prosecute perjury. Section 1621 of Title 18 of the United States Code is commonly used to prosecute perjury before administrative, legislative, and judicial bodies, while Section 1623 of Title 18 addresses false statements made before grand juries and federal courts.

While there are differences between these two statutes and their applicability, the overall definition of perjury remains largely the same. It may seem like a simple definition, but prosecutors must prove several distinct elements to obtain a conviction on perjury charges.

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 Posted on January 22, 2021 in Federal Crimes

In the last few days of his presidency, President Donald Trump issued more than 140 pardons and commutations to individuals throughout the country. The list of those who received executive clemency includes high-profile musical artists, criminal justice activists, and people who were serving long prison sentences for relatively low-level federal offenses. But, where does the president get the authority to issue presidential pardons, and are there limits on who can receive executive clemency?

Pardons in the U.S. Constitution

Article II of the U.S. Constitution addresses the executive branch of the United States government, namely, the office of President of the United States of America. In Section 2 of Article II, the Constitution states that the president “shall have Power to Grant Reprieves and Pardons for Offences [sic] against the United States, except in Cases of Impeachment.” In short, this means the president has the authority to grant clemency to any individual who has been convicted of, or who is or might be under investigation for, a federal crime unless the individual in question is facing impeachment from public office.

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 Posted on January 15, 2021 in Federal Crimes

The nation looked on in horror as a protest in the nation’s capital turned violent and destructive last week, leading to a number of injuries and widespread damage to one of America’s most iconic buildings. Thousands of protestors gathered in front of the U.S. Capitol building in Washington, DC, on January 6 as lawmakers were assembled to certify the results of November’s presidential election. According to various news outlets, the protest turned destructive as hundreds of people managed to get past Capitol security and into the building itself.

In the days that followed, authorities announced the filing of federal charges against a number of the people who were allegedly involved. Among the first 13 arrested on federal charges was the CEO of a Chicago-area tech company who is now facing at least three federal charges for his alleged actions last week. Several dozen others were arrested and charged with unlawful entry and curfew violations in Washington, DC Superior Court.

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 Posted on January 07, 2021 in Federal Crimes

It is normal to feel nervous before your appearance in court when you are facing criminal charges, especially if the case is being handled in federal court. It is important to prepare yourself for trial because judges will not take kindly to a defendant who is not acting in accordance with expected decorum or who comes unprepared. Preparing for a federal criminal trial requires prior planning, and working with an experienced attorney offers significant benefits. Here are a few ways you can get ready for your criminal trial:

#1. Prepare Your Evidence

One of the most crucial elements of your defense is evidence that you bring to the trial that supports your claim of innocence. Evidence can be in two forms: witness testimony and exhibits. Witnesses can be people who keep records relevant to the case, experts who are qualified to give an opinion about a certain part of the case, or any other people who have relevant information about the case. Exhibits are items that support your side of the case. These things can include documents or other items used to prove your point or disprove the prosecution’s point, records, or photographs. Your attorney will be able to help you prepare the evidence.

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 Posted on December 30, 2020 in Federal Crimes

The issue is not new and is, in fact, as old as the internet itself,  but sexually-based crimes committed on the internet have garnered more professional and social attention as of late. The most notorious internet sex crimes—and the most commonly perpetrated—are the production and dissemination of child pornography. There are, however, many other types of online sex crimes as well.

For example, soliciting chats of a sexual nature from any vulnerable person, including a child or anyone who is unable to make the decision for him or herself, is considered an Internet crime. Inappropriate solicitation can take the form of asking the person to send a sexual photo of him or herself, or asking a minor to meet somewhere with sexual intentions.

The Prevalence of Online Sex Crimes

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 Posted on December 24, 2020 in Federal Crimes

Possessing, selling, or distributing drugs can be a serious offense that carries serious charges, no matter where you live. When you are charged with drug trafficking, however, the sentence and corresponding fines can be even more severe. If you have been charged in federal court with drug trafficking, it is imperative to immediately speak with a legal professional. The longer you wait to understand the charges you are facing and what options you have, the more difficult it may be to build a proper case to mitigate the effects of the charges.

The first step in any criminal case is to understand the type of charge and exactly what it means. The differences between drug trafficking and distributing are many, but the basic difference is that a drug trafficking charge will likely be a federal charge while a possession or simple distribution charge most often will be handled at the state level. Federal charges generally carry longer sentences and can have a more severe effect on a person’s long-term record.

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 Posted on December 17, 2020 in Federal Crimes

In any criminal case—including a federal criminal case—the prosecutors bear the burden of proof to demonstrate that the defendant has committed the crime in question. But, what does it mean to prove the defendant’s guilt? The standard of proof in a criminal case is “beyond a reasonable doubt,” which means that the jury or the judge must believe “beyond a reasonable doubt” that the suspect did what prosecutors say he or she did. The tricky part of this standard, however, is defining reasonable doubt.

Defining Reasonable Doubt

Depending on the case in question, prosecutors may attempt to explain to jurors what reasonable doubt means. Defense attorneys sometimes present a definition of their own, as well. For example, a prosecuting attorney in California once compared the standard to a puzzle that is missing a single piece, suggesting that even with a missing piece, it was still clear what the puzzle showed. The case resulted in a conviction that was later overturned on appeal because by attempting to define reasonable doubt, the prosecutor effectively told jurors they could convict the defendant based on incomplete information.

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 Posted on December 10, 2020 in Federal Crimes

When you are charged with a federal criminal offense, you are likely to be very upset and confused. You might not know how you ended up being charged, and you probably have serious concerns about how the case will play out. These are all understandable feelings, but if left unchecked, they can lead to you taking the wrong type of action. You could find yourself doing things that might actually harm your case and make things worse for yourself. If you are facing federal charges, be aware of these common mistakes so that you can avoid them.

1. Careless Posting on Social Media

When a person is arrested on any criminal charges, he or she is given the Miranda warnings. These warnings remind a person of his or her right to an attorney and the right to remain silent. They also remind the suspect that anything he or she says can be used against him or her. It is critical to remember that this does not just apply to conversations or interrogations with the police. Anything you say at any time, including what you post on Facebook, Instagram, or any other social media platform, could be used by prosecutors against you. The best advice is to stay away from social media entirely while your case is ongoing, but you should absolutely avoid posting anything related to the case or the alleged crime.

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