Posted on February 12, 2025 in Federal Crimes

Threatening a judge in court is a serious crime, and in many cases, it is a federal crime. Whether the threat is made in person, in writing, or on the internet, the consequences can be severe. This is true even if the person making the threat just lost control and had an angry outburst in court – even if that person truly did not really mean the threat.

Federal law protects judges, prosecutors, and other government officials from threats, intimidation, and retaliation. If you are facing federal charges for threatening a judge, talk to a Chicago, IL federal criminal defense attorney as soon as possible.

Are There Federal Laws Against Threatening a Judge?

It is a federal crime to threaten a federal judge, prosecutor, police officer, and certain other government employees. The law makes it illegal to threaten, assault, or harm these officials in an attempt to interfere with their duties or in an effort to retaliate against them.

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 Posted on February 06, 2025 in Federal Crimes

Being named a "person of interest" in a federal criminal investigation can feel like serious business, and it is. If federal agents or prosecutors have contacted you, it is crucial to understand what you might be up against. Federal investigations are complex, and even if you believe you have done nothing wrong, speaking to authorities without a lawyer can put you at risk. An Illinois federal criminal defense attorney with experience in white-collar cases can protect your rights and help you figure out what to do next.

What Does It Mean to Be a Person of Interest?

A "person of interest" is someone federal law enforcement believes may have information about a crime and is often used to draw the public’s attention to someone without formally accusing them of committing the crime. While this term does not mean someone is a suspect, it does suggest that investigators are watching that person closely. In many cases, a person of interest may later become a suspect, especially if law enforcement uncovers evidence linking them to illegal activity.

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 Posted on January 29, 2025 in Sex Crimes

Most of us had Shakespeare’s Romeo and Juliet on our reading list in high school. The storyline is about two children who fall in love. Their families are bitter enemies, creating a forbidden love scenario, and the two turn to drastic measures to be together. Unfortunately, severe miscommunication leads both characters’ storylines to end in tragic demise.

How does this have anything to do with statutory rape laws in Illinois? "Romeo and Juliet" laws are named after these two iconic teens and determine if sexual intercourse between two consenting individuals is legal or illegal. If you have been accused of statutory rape, understand that you could face severe consequences, both under federal and state law. Call an Illinois criminal defense attorney now.

What Exactly is Statutory Rape?

Statutory rape is the term commonly used to describe illegal behavior that varies from forcible rape and other forms of coerced intercourse to behavior that would otherwise be legal if both parties were old enough to consent. Usually, it is used in the context of older adults having sexual relationships with minors, and although every state criminalizes this behavior, most states do not use the term "statutory rape." 

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 Posted on January 20, 2025 in Criminal Defense

Voyeurism, the act of secretly watching or recording someone without their consent for personal gratification, is commonly prosecuted at the state level. However, there are circumstances where voyeurism could escalate into a federal crime. When this happens, the stakes become significantly higher, with more severe penalties and lifelong consequences. An experienced Chicago, IL federal criminal defense attorney can help if you are facing federal voyeurism charges.

When Does Voyeurism Become a Federal Crime?

Voyeurism can be prosecuted as a federal offense under certain conditions. Federal law applies if the crime involves interstate or international activity, such as transmitting images or videos across state lines or using the internet to distribute recordings. 

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 Posted on January 15, 2025 in Federal Crimes

Airports are unique places where local, state, and federal jurisdictions come together. Crimes committed at airports can range from minor offenses like public intoxication to more serious violations such as drug trafficking or customs fraud. So what happens if you get arrested at an airport? Are all crimes at an airport automatically federal crimes? 

While some airport-related offenses fall under federal law, others may be prosecuted at the state or local level. If you are accused of committing a crime at an airport, a Chicago, IL federal criminal defense attorney can help you understand your charges and protect your rights.

Federal vs. State Crimes at Airports

Airports are regulated by federal agencies, including the Transportation Security Administration (TSA) and U.S. Customs and Border Protection (CBP). Crimes that break federal laws or take place in federally controlled areas of an airport, such as security checkpoints or customs areas, are typically considered federal crimes. Examples of common federal crimes at airports include:

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 Posted on January 07, 2025 in Federal Crimes

Aiding and abetting are words that mean "helping and encouraging," respectively. In the law, to "aid and abet" someone means helping them do something wrong. Specifically, it refers to the act of assisting, encouraging, or facilitating the act of committing a crime. 

Under federal law, aiding and abetting charges are governed by a specific law that says you can be held criminally responsible for helping another person commit a federal crime, even if you did not directly commit the act yourself.

Aiding and abetting charges are serious, often exposing defendants to the same harsh penalties as the principal offender. If you are concerned you may be the subject of a federal criminal investigation, call an Illinois federal criminal defense lawyer right away. 

How is a Federal Aiding and Abetting Case Proven? 

To get a conviction, federal prosecutors have to prove beyond a reasonable doubt that you committed a crime. This means they have to convince a jury or a judge that the evidence in your case is so strong that a reasonable person cannot doubt you committed the crime. This involves proving three main factors: 

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 Posted on December 31, 2024 in Child Pornography

While child pornography has been around for a long time, a recent variant made possible by animation tools and especially by artificial intelligence has made the creation and proliferation of images depicting minors much easier. 

If you are being investigated for or charged with federal child pornography of any kind, you need to take it seriously. Your entire future could be at stake. Our Illinois sex crimes against minors defense attorney can help. 

What Is Loliporn and Is it Illegal?

Called "lolicon," "loliporn," or "loli," this genre of images describes anime, manga, cartoons, or AI-generated images depicting minors in explicitly sexual situations. Derived from the term "Lolita complex," referring to Nabakov’s book about an older man with a preference for prepubescent children, lolicon refers to the images while "shotacon" is the term often used to describe adults who consume lolicon. 

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 Posted on December 20, 2024 in Federal Crimes

When someone faces federal sentencing, their cooperation with the government may lead to a reduced sentence under Rule 35 of the Federal Rules of Criminal Procedure. This process, known as providing "substantial assistance," is a critical tool for both the government and defendants. Understanding how substantial assistance works and what qualifies could be the difference between a reduced sentence and a missed opportunity.

An experienced Illinois federal sentencing attorney is essential to ensure that your cooperation is meaningful and that your rights are protected throughout the process. Giving away information without discussing your options with an attorney could not only lead to no benefit for yourself, but could implicate you in additional crimes. Play it smart and work with an aggressive attorney right from the start.

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 Posted on December 13, 2024 in Fraud

In today’s digitally connected world, we tend to use credit and debit cards to pay for just about everything. Most of us do not think twice before pulling out a card to pay for nearly any size purchase or typing in our card info to buy something online.

But what could happen if you use someone else’s card to make a purchase or pay a bill – especially if you knowingly do it without that person’s permission? The answer depends on many different variables, but you could potentially face federal charges for credit card fraud. Contact our Illinois federal criminal defense attorney if you are facing this serious charge.

Credit Card Verification Procedures Are Dated, Making Fraud Easier

When customer-facing credit card processing pads were first installed at retail establishments, cashiers were generally trained to verify that the person swiping the card was, in fact, authorized to do so. In practice, this process was little more than a cursory glance to compare the customer’s signature to the signature on the back of the card, but some cashiers would ask for identification from the customer. Some customers might not have been thrilled with the minor delay, but the purpose of the verification was to prevent fraud.

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 Posted on December 06, 2024 in Federal Crimes

Those convicted of a federal crime will be sentenced under the United States Sentencing Guidelines. Sentencing for federal crimes is notoriously harsh – usually more so than state penalties for similar criminal offenses. However, there are certain situations in which a federal judge can reduce or adjust your sentence. This is true even a year or more after the sentence starts. A federal prosecutor may also file a Rule 35 Motion to Reduce Sentence in exchange for cooperation on another case.

Cooperation means "substantial assistance" although Rule 35 can also be used to address any mitigating factors that were not known at the time of the original sentencing, to "fix" any errors that occurred, or to incentivize a defendant to assist prosecutors on other cases. If you believe Rule 35 could potentially reduce or adjust your sentence for a federal criminal offense, speak to a knowledgeable Chicago, IL federal criminal defense attorney from Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney.

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