Posted on August 12, 2022 in Federal Crimes

The state of Utah was shocked last month when a reality TV star on Real Housewives of Salt Lake City pleaded guilty to federal criminal charges of committing federal wire fraud in a telemarketing scheme. While the reality TV storyline may prove irresistible to viewers, charges of federal telemarketing fraud carry serious consequences including extended time in federal prison. Under the terms of this reality TV star’s plea deal, she could spend up to 14 years in prison. If you or someone you love has been arrested for telemarketing fraud, it is important to understand this crime and the potential consequences you may face.

Federal Mail and Wire Fraud Crimes

For most of us, scams are an obnoxious part of life. While many of these scams use either obvious or well-known tactics, others are quite sophisticated and more difficult to see through. No matter their level of sophistication, however, they are all illegal - whether they occur over the phone, through email, over text message, or by snail mail.

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 Posted on August 03, 2022 in Federal Crimes

At the end of July of this year, an Illinois woman was arrested and charged with aggravated robbery for robbing a bank in Bloomington, IL. While her trial has yet to take place, she will likely face harsh federal consequences if convicted. This is because the vast majority of banks are covered by a federal law making robbery a federal crime. So if you have been busted robbing a bank, will you go to federal prison? If you are convicted, you almost certainly will. Read on to learn more and then contact an Illinois federal criminal defense lawyer for help.

Is Every Bank Robbery a Federal Crime?

Every bank that is part of the Federal Reserve System is covered by a 1934 law that makes it a federal crime to rob any member bank. The vast majority of banks in the United States are member banks of the Federal Reserve System because their deposits are insured by the federal government. This protects customers from the kind of losses they experienced during the Great Depression, but it also means that crimes committed in banks are covered under federal law as well as state law.

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 Posted on July 28, 2022 in Criminal Defense

Almost every adult in America uses search engines every day. For most of us, our search histories remain private forever - something we typically are grateful for, considering the inherent privacy most of us would prefer when asking all those questions that randomly come to mind. While we can generally feel secure that our searches are done anonymously, certain keywords and phrases can trigger the attention of federal law enforcement. Even a search done out of pure curiosity with no ill intentions may trigger an internet crimes investigation, and curiosity alone may not be a sufficient criminal defense. If you have law enforcement asking questions about your online behavior, contact a criminal defense attorney right away.

Is the FBI Monitoring Civilian Search Histories?

The FBI and other law enforcement organizations usually have no interest in what you might be looking up online. But if you are consistently looking up words, instructional materials, or other suspicious search terms that may indicate interest in criminal behavior, you may end up on a government watchlist.

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 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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