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Recent Blog Posts

Is it Possible to Have Federal Criminal Charges Dropped?

 Posted on January 30, 2024 in Federal Crimes

IL defense lawyerIf you are awaiting trial for federal criminal charges, the process can be agonizing. Between pre-trial hearings and meetings with your attorney, you are more than ready to put the entire ordeal behind you. 

While the vast majority of criminal cases are resolved through plea bargains, others never make it to trial due to other factors. If you are facing federal criminal charges, do not hesitate to contact a Chicago criminal defense lawyer.

Reasons Criminal Charges May Be Dropped

A prosecutor may drop charges against a defendant in the following circumstances:

Prosecution Has Not Met Burden of Proof

In every criminal case, the prosecutor must prove the defendant's culpability beyond what we call a reasonable doubt. This is the highest standard in criminal law, meaning that based on the information available, a person of reasonable intelligence would draw the conclusion that you committed the alleged crime.

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Federal Sentences: More Severe than State-Level Criminal Cases

 Posted on January 27, 2024 in Federal Crimes

IL defense attorneyIf you have been charged with a crime at the federal level, you can expect a longer prison term. On average, those charged with a federal crime were sentenced to 145 months, or 12 years, in prison. In contrast, offenders charged with a state crime served an average prison sentence of 3.8 years in Illinois.

Attorney Hal M. Garfinkel would like to discuss what makes federal sentences more severe than state-level criminal cases and the advantages of hiring a Chicago federal criminal lawyer to represent your interests.

Why Federal Charges Are More Severe Than State Charges

Federal-level charges are noticeably more severe than state-level charges for the same or similar crime. There are a few main reasons for this, such as:

Federal Crimes are Investigated by Federal Agencies

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Are You Under Investigation for Federal Drug Trafficking?

 Posted on January 21, 2024 in Drug Crimes

IL defense lawyerDrug trafficking is the illegal transportation of a controlled substance. Penalties for federal drug trafficking will depend largely on the type of substance that you had in your possession if you have prior offenses, and if there was a death or serious injury associated with the drug use.

If you are being investigated for drug trafficking, you need the assistance of a Chicago drug crimes lawyer who has a successful track record for defending these charges.

What is Federal Drug Trafficking?

Of the over 20,000 drug cases reported, 99% of these cases involved drug trafficking. Surprisingly, 41.7% of offenders had little or no criminal history.

Federal drug trafficking is the crime of manufacturing, transporting, or distributing illegal substances. The top seven illicit drugs that were distributed in fiscal year 2022 were:

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Overview of RICO Charges

 Posted on January 14, 2024 in Federal Crimes

IL defense lawyerThe Racketeer Influenced and Corrupt Organizations Act (RICO) was developed to eradicate organized crime. Created in 1970, RICO was intended to prevent criminals from taking over legitimate businesses.

If you are convicted on racketeering charges, any punishment you face will be accompanied by damage to your personal and professional reputation. Racketeering is also known to break apart families and communities.

If you have been arrested for racketeering, your first line of defense should be to hire the services of a Chicago criminal defense attorney

What is Racketeering?

Racketeering is the act of performing illegal activities with the intention of making an ongoing profit. These dealings are disguised as commercial business deals. RICO (18 U.S.C. § 1961) defines racketeering to be “any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion.”

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Who Investigates Federal Crimes?

 Posted on December 27, 2023 in Federal Crimes

IL defense lawyerIf you are facing federal crime charges, there are seven federal law enforcement agencies that may possibly conduct an investigation. These are independent agencies that are overseen by the Department of Justice (DOJ).

A federal investigation is the first step in the prosecution process. If you have been charged with a federal crime, you need to speak with a Chicago federal criminal lawyer regarding your next steps.

Federal Bureau of Investigation 

The Federal Bureau of Investigation, or FBI, was established in 1908 by the U.S. Attorney General as the main law enforcement agency responsible for investigating federal crimes. The FBI has over 30,000 special agents, analysts, and other support staff that strive to keep U.S. citizens safe from threats. 

The FBI investigates a wide array of crimes, including:

  • Terrorism
  • Cybercrime

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Federal Cybercrime Charges

 Posted on December 23, 2023 in Federal Crimes

IL defense lawyerCybercrime is usually associated with using a computer or network system to carry out a number of criminal activities.

In 2022, there were more than 800,000 cybercrime complaints reported to the Federal Bureau of Investigation (FBI). Since these offenses are a growing concern for our nation, the government typically imposes severe punishments for those individuals convicted of a cybercrime offense.

If you are facing federal cybercrime charges, do not hesitate to speak with a Chicago internet crimes lawyer to discuss potential next steps.

Federal Law on Cybercrime

With an increase in technology comes an increase in cybercrimes. Also known as “computer crimes,” cybercrimes have become more common in recent years as more sensitive information is stored online.

The Computer Fraud and Abuse Act “CFAA” (18 U.S.C.§ 1030) outlaws any activity that allows a person to access a computer system without prior authorization. It protects federal computers, bank computers, and computers with internet access from being used for fraudulent purposes.

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Common Federal Criminal Offenses

 Posted on December 08, 2023 in Federal Crimes

IL defense lawyerBeing charged with a crime has serious repercussions, but even more so if you are charged with a federal crime. The penalties for committing a federal crime will be subject to federal sentencing guidelines and are usually more severe than a state criminal offense.

There are a variety of circumstances by which a person may face federal criminal charges, some of which include if the individual is in violation of federal law if the offense happened on federal property or against a federal employee, or the offense is particularly severe, like acts of terrorism

If you face federal charges, you need a Chicago federal criminal lawyer to defend these charges brought against you

Money Laundering

A white-collar crime includes any non-violent offense that has a financial motive. Money laundering is a type of white-collar crime. It is the act of making “dirty” money look like it came from a legitimate source.

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What to Do If You Are Accused of Immigration Fraud

 Posted on November 30, 2023 in Federal Crimes

IL defense lawyerIn one year, the Department of Justice prosecuted over 25,000 defendants with illegal entry into the United States.

A person can be accused of immigration fraud if the individual knowingly provides false information on any documents or application to enter the United States. Immigration fraud is a federal crime, and if you are found guilty, you may be subjected to several years in prison, substantial fines, and deportation.

Many of these accusations are unsupported, but the federal government still investigates each case closely. If you have been accused of immigration fraud, you should contact a Chicago immigration fraud lawyer to protect your rights.

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Overview of the Federal Criminal Process

 Posted on November 30, 2023 in Federal Crimes

IL defense lawyerFederal criminal defense attorneys are key in ensuring that individuals accused of federal crimes receive legal representation and a fair trial. Navigating federal criminal proceedings demands a proper understanding of the legal process since each stage has distinct considerations. 

A highly experienced Chicago criminal defense lawyer can offer you proper representation to minimize or eliminate the potential penalties you may face. Contact our firm immediately if you are facing allegations in federal court.

Steps Involved in Federal Criminal Processes

Each criminal case is unique, and the specific procedures may vary depending on the circumstances. But generally, you can expect federal criminal cases to follow these steps.

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What are Federal Sentencing Guidelines?

 Posted on November 22, 2023 in Federal Crimes

Blog ImageThe United States Sentencing Commission publishes guidelines to determine sentencing for offenders of both felonies and misdemeanors. These guidelines have been developed by federal courts and establish a uniform punishment policy for convicts. 

If you have recently been convicted of a crime, you may be concerned about how much prison time you may need to serve. Our Chicago federal criminal lawyer would like to give you an overview of federal sentencing guidelines.

Overview of Federal Sentencing

The guidelines for federal sentencing take the following under consideration:

Offense Seriousness

There are 43 levels of offense seriousness, with more serious crimes assigned a higher level.

Base Offense Level

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