What You Need to Know About Civil Asset Forfeiture

 Posted on August 15, 2018 in Your Rights

Civil asset forfeiture is a mechanism federal law enforcement officials use to seize the property and possessions of people they come into contact with if they believe that the property is involved in criminal activity.

Authorities justify using this mechanism because they argue that a person is not entitled to profits from criminal activity. In reality, this process is used in a much broader manner. In fact, civil asset forfeiture can be utilized even when no one is charged or convicted of a federal crime.

How Common Is Civil Asset Forfeiture?

According to the ACLU, approximately $40 million annually in cash, automobiles and even homes is taken from Illinois residents through civil asset forfeiture. Civil asset forfeitures are expected to be on the rise. In July 2017, Attorney General Jeff Sessions stated that under his leadership, federal authorities will aim to increase civil forfeitures:

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Do I Need a Lawyer If I Am Pleading Guilty?

 Posted on July 30, 2018 in Criminal Defense

If you have been charged with a federal crime, you may wonder what options you have. You may also have already decided that you wish to plead guilty.

There are many reasons why people choose to plead guilty. Maybe you feel like the evidence paints an open and shut case against you. Maybe you believe that you will get a lesser sentence if you plead guilty and avoid trial. Whatever your reasons, pleading guilty is a choice only you can make, and an attorney can help you in that decision-making process.

Some people believe that one benefit of pleading guilty is that they will not need to retain counsel. This, however, is a misconception, and failing to hire an attorney is likely a mistake.

Here are four ways an Illinois federal criminal attorney can help you in pleading guilty.

Determine if the plea is fair. An attorney will examine the evidence the government has against you and assess if there is enough to find you guilty of the crime. Often the state does not have enough evidence, especially early in the case. It may be possible that they have enough evidence to convict you of a lesser crime, however. In these cases, an attorney can tell you what an appropriate charge to plead guilty to would be. Negotiate a better plea deal. Besides evaluating the strength of the case against you, an attorney may be able to get you a better sentence or punishment. Federal criminal defense attorneys see what other defendants who have pled guilty have received. Ask for a diversion program. It may be possible that your charges are eligible for diversion programs. There are often creative sentencing or punishment options available, but the government or a court must be asked for these options. Advise you on your plea. There are different types of guilty pleas, and you can reserve certain issues as part of your plea. This can make a big difference as to your options on appeal, for example.

Contact a Chicago, IL Criminal Defense Attorney

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Preparing to Meet with a Criminal Defense Attorney

 Posted on July 23, 2018 in Criminal Defense

If you have been charged with a federal crime - or even if you believe you are suspected of a crime -- your next step should be to meet with an Illinois criminal attorney. Your attorney is your advocate in court, so you will want your first meeting to be productive and set the right tone for the entire attorney-client relationship.

Preparing for your initial meeting with an attorney will not only set you up for success, but it could also help you minimize costs. Here are five things you can gather to prepare for your first criminal attorney meeting:

1. Your personal information. You may be asked for your contact information, birth date, employment information, and next of kin information. Depending on the type of case, your attorney may also need your driver’s license number, license plate number and Social Security number.
2. A narrative of what happened. Writing down your recollection of the events leading up to the situation is a critical step in the preparation of your case with your attorney. You do not have to state if you committed any crimes. Think about how you would explain what happened to someone who had no knowledge of the situation. You should be as detailed as possible. You may not need to show this document to your attorney, but getting your thoughts organized will help you.

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Things that Must be Proven in a Wire Fraud Case

 Posted on July 16, 2018 in Fraud

Wire fraud is a commonly charged federal crime. Because of the way the law is written, it can encompass a wide range of illegal acts. Wire fraud is the act of using a device that sends information interstate in an attempt to defraud. Typically, a cell phone, telephone or computer is used.

As you can see, many different scenarios could be considered wire fraud so long as there was communication to defraud that took place over state lines. Wire fraud is related to mail fraud, which involves fraud by using the mail system.

Even though wire fraud can encompass a number of situations, the law is clear on what needs to be proven in order for the U.S. government to get a conviction. Failure to prove all the elements means you will not get convicted or that your conviction will be reversed on appeal. Thus, it is crucial to understand what needs to be proven.

The four elements of a wire fraud case are:

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The FBI and Fifth Amendment Rights

 Posted on July 09, 2018 in Criminal Defense

If the FBI comes knocking on your door, are you required to speak to them? It is rarely advisable for you to speak with the FBI or police without an attorney present. As a criminal defense law firm, we see too often situations arise where someone attempts to speak to police and ends up damaging his or her own case.

You may think that you are helping clear something up or that you have nothing to hide, so why wouldn’t you speak to the police. However, suspects or witnesses never know the amount of information the FBI has or the direction of the case.

It is your right in the United State Constitution to remain silent and to have a lawyer. Using those rights does not mean you are guilty nor does it make you look guilty in the eyes of a judge or jury.

What If They Have a Warrant?

There are two types of warrants: search warrants and arrest warrants. Search warrants allow the FBI to search a specific area, such as your home, business or car because a judge believes there is probable cause to think that these areas contain evidence of criminal activity. Arrest warrants allow the FBI to arrest you because there is probable cause to believe that you committed a crime.

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Common Types of Mortgage Fraud

 Posted on June 29, 2018 in Fraud

Mortgage fraud encompasses several fact patterns or situations all of which are illegal under federal law. Mortgage fraud is characterized by some type of “material misstatement, misrepresentation, or omission in relation to a mortgage loan that is then relied upon by a lending bank,” according to the FBI.

Thus, any lie that would influence a lender’s decision qualifies as mortgage fraud. The decision could relate to loan approval, reduced payoff amount or to repayment terms. Often mortgage fraud scams involve identity theft or income and asset falsification.

While the classic case of mortgage fraud is fraud perpetrated by the borrower, mortgage fraud cases have arisen in the aftermath of the housing market collapse when distressed homeowners were targeted by financial institutions. Even though the crime of mortgage fraud has evolved over time, there are several types that are seen regularly.

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Appealing a Federal Criminal Conviction

 Posted on June 22, 2018 in Appeals

If you have been convicted of a federal crime, you may wish to appeal your conviction and/or your sentence. Perhaps you believe that the law was not correctly applied or that your case was not appropriately presented. These are valid reasons for an appeal, but you will likely need a lawyer to take these complaints and present them as errors that must be corrected by a reviewing court.

The Clock Is Ticking

Perhaps the most fundamental part of an appeal is filing a notice of appeal before the deadline.

If you wish to appeal, you must do so quickly. Under federal law, a criminal defendant typically has 14 days from conviction or sentencing. This is an inflexible deadline in most cases, and it is strictly enforced. Failure to timely file a notice of appeal will result in the defendant being barred from bringing an appeal.

What Happens on Appeal in Federal Court

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Defenses to Child Pornography Charges

 Posted on June 16, 2018 in Sex Crimes

Being convicted of child pornography possession can come with years -- even decades -- behind bars. If you have been charged or fear you may be charged with such a crime, you are likely interested in how you can defend yourself from these allegations.

The federal government must prove that you are guilty beyond a reasonable doubt. One way to present to a judge or jury that there is reasonable doubt of your guilt is to mount an effective legal defense with the assistance of a skilled attorney.

There are several common defenses that may be applicable to your case:

• Knowledge. A person convicted of child porn possession must know that the images are of children. Thus, if you present evidence that you did not know that the images were of children, you may be found not guilty. For example, if there are not many images or if they are labeled a certain way, you could argue this defense.

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When Are Drug Charges a Federal Offense?

 Posted on June 08, 2018 in Drug Crimes

Both Illinois and the federal government have laws prohibiting drug possession, distribution, and manufacture. Thus, any of these activities could be prosecuted by the state or federal authorities.

If you have been charged with a drug crime, how is it decided if you will be tried in state or federal court? Every case is different, but there are a variety of ways your case could end up in the federal system.

There are a variety of factors that could determine the state or federal issue:

• Who made the arrest? Probably the most common way a drug case ends up in federal court is when the arresting officer is a federal agent. Many times this happens when local police work with federal officers on a sting operation. This could also happen when the alleged crime is said to have taken place on federal lands (such as a national park).
• An informant named you. If someone being investigated or prosecuted by the federal government named you as someone involved in criminal activity so that they would be granted leniency, then you would also be prosecuted by the federal government.

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Who Are the Drug Abusers?

 Posted on May 31, 2018 in Drug Crimes

For many years, drug abuse has caused such a negative impact on society, and individuals are still looking to drugs to alleviate their emotional distress. Drug abuse is very dangerous, and can cause all kinds of serious consequences, including time in jail, loss of employment opportunities, and health problems in the future.

An Increase in the Use of Drugs

The use of illegal drugs has been increasing in the United States. Five years ago, in 2013, slightly under 25 million Americans over 12 years old, making up 9.4 percent of the whole population, had used illegal drugs. In 2002, only 8.3 percent of the population had reported using illegal drugs.

The most commonly used illegal drug is marijuana, which is most likely responsible for the increase in drug use and abuse. Since 2007, the use of marijuana has increased, with approximately 19.8 million Americans reporting their use in 2013. In 2007, nearly 14.5 million Americans reported using marijuana.

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