TELEPHONES ANSWERED 24 HOURS A DAY
Recent Blog Posts
What Happens When Crimes Cross State Lines?
Originally published: June 23, 2023 -- Updated: October 7, 2024
Someone who commits a crime in Illinois may be charged under state law. However, if that same offense crosses into another state, it can be charged as a federal crime. When someone crosses state lines in the act of breaking the law, he or she can face heavier penalties and investigations by federal law enforcement like the FBI.
This article will discuss the most common crimes that cross state lines, what you need to know about federal crime, and how to contact an Illinois federal criminal defense attorney to protect your rights.
What Are Some Common Crimes That Cross State Lines?
Since the internet usually crosses state lines, it is more common than ever for crimes to fall under federal jurisdiction. Even if you remain in Illinois, communications you send may route through out-of-state servers. This is especially true if you use tools like VPNs.
Is it a Federal Crime to Open Someone Else’s Mail?
Is it a federal crime to open someone else’s mail? The short answer is "yes." Opening or destroying mail that is addressed to someone else is a crime called "Obstruction of Correspondence." It is a serious felony that could lead to prison time. It is remarkably easy to find yourself charged with this crime, even if you didn’t mean to do anything wrong. Maybe you got curious and opened a letter addressed to your roommate, or a letter meant for your neighbor landed in your mailbox and you ripped it open without looking. The good news is that an experienced federal crime attorney can help you, and depending on the circumstances, possibly even have your charges dismissed. If you find yourself charged with any federal mail crime, you should contact a lawyer as soon as possible.
Under federal law, illegally interfering with someone else’s mail is considered a felony. An obstruction of correspondence charge carries heavy penalties, including fines and prison time. It is important, therefore, to understand the possible legal defenses that may protect you against such a charge and to hire an Illinois criminal defense attorney to present them to the court. Here are some of the most common defenses against obstruction of correspondence. Discuss your case with an attorney to determine the defense that is most likely to succeed.
When Does Social Media Misuse Become a Federal Crime?
Social media is a major part of life. It is where relationships are forged and broken, businesses grow or fail, and election campaigns are lost and won. It is one of the main methods of communication in our era. However, it is also a vehicle for misuse. Some of these misuses constitute federal internet crimes that carry serious penalties.
This article will explore different types of social media misuse that can lead to federal internet crime charges. If you or a loved one are being accused of an internet offense, consult an Illinois criminal defense lawyer to begin building a strong defense against the allegations.
Cyberstalking
One way social media misuse can be a federal crime is if a user engages in cyberstalking. Cyberstalking is when someone uses the internet to intentionally cause substantial emotional distress to someone else on at least two occasions. To be charged with cyberstalking, the offending user must have had the intent to:
What Is Structuring and What Are Its Penalties?
By federal law, banks are required to report any transactions that are suspected of money laundering or other criminal activity. These include transactions of $10,000 or more. Under the Patriot Act and Bank Secrecy Act (BSA), banks must fill out a cash transaction report (CTR) any time a customer moves that amount of cash in a single day.
To avoid being reported, some customers try breaking up large transactions into smaller ones of less than $10,000 each. This is referred to as "structuring" and is a serious federal crime. In this article, we will explore how structuring works, the penalties for structuring, and how to contact an experienced Illinois money laundering defense attorney.
How Does Structuring Work?
Structuring is when a person tries to avoid anti-money laundering reporting requirements by splitting a transaction into smaller amounts under $10,000. For example:
Is Sextortion a Federal Crime?
Sextortion is a serious crime where someone threatens to expose sexual information about another person unless their demands are met. These demands can include anything from money to sexual favors, but the nature of the demand is largely irrelevant. It is the threat that makes sextortion a crime.
To understand the legal implications of sextortion, it is first important to determine whether it is a federal offense. This is especially true today when technology has not only made sextortion more common but can also determine the jurisdiction of the crime. This article will explore what makes sextortion a federal crime, as well as how to contact an Illinois sextortion defense attorney to review your case.
What Makes Sextortion a Federal Crime?
Sextortion is not mentioned in federal law by name, but it is usually charged under cyberstalking statutes. Cyberstalking is when someone uses electronic communications to intentionally cause someone emotional distress or to place someone in fear of serious bodily harm or death.
Are There Any Defenses for Federal Looting Charges?
Looting during times of civil unrest or natural disasters can lead to serious federal charges. If you face looting charges, you might wonder what legal defenses are available. An Illinois lawyer can help you explore potential defenses.
What Is Federal Looting?
While there is not a specific federal "looting" statute, federal prosecutors often charge looting-related crimes under various laws, including:
- The Civil Unrest statute (18 U.S.C. § 231)
- The Federal Anti-Riot Act (18 U.S.C. § 2101)
- Interstate transportation of stolen property (18 U.S.C. § 2314)
These laws cover activities such as interfering with law enforcement during civil disorders, inciting riots across state lines, or transporting stolen goods across state boundaries.
To secure a conviction, federal prosecutors must prove several elements beyond a reasonable doubt, depending on the specific charge. This may include proving that you crossed state lines, participated in or incited a riot, or knowingly transported stolen property.
What Are Some Legal Defenses Against Marriage Fraud Charges?
The United States Citizenship and Immigration Services (USCIS) offers green cards to immigrants who are married to U.S. citizens. A green card allows someone who is not a citizen to live and work permanently in the United States. Some people have abused this rule by creating a black market in which U.S. citizens are paid to marry non-citizens solely for the purpose of obtaining a green card. This is called marriage fraud or false marriage, and it is a form of immigration fraud.
Immigration fraud is a federal crime that carries severe penalties. If you are being accused of false marriage, hire an Illinois immigration fraud defense attorney who will aggressively protect your rights.
What Is Marriage Fraud?
According to the Immigration Marriage Fraud Amendments Act of 1986, marriage fraud is when someone knowingly enters into a marriage for the purpose of evading immigration laws. The most common form of this is a U.S. citizen and an alien marrying so the alien can obtain a green card.
Can I Use Entrapment as a Defense Against Federal Charges?
Federal law enforcement agencies spend significant amounts of time and resources on investigations. The Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Agency (DEA) are known to sometimes conduct their investigations using undercover agents. The FBI, for example, is known for employing agents who pretend to be minors and arresting people who proposition them for sexual activity.
Such methods have sparked legal challenges, with some claiming they constitute entrapment by unfairly drawing innocent people into committing federal crimes. This article will discuss what entrapment is, when it can be used as a defense against federal criminal charges, and how to contact an Illinois criminal defense attorney who will protect your rights.
What Is Entrapment?
Entrapment is when a government agent induces an innocent person to commit a crime they would not otherwise have committed. This is more than just creating the temptation for the person to commit the offense; it involves pushing or encouraging him or her to carry out the crime. If a defendant can prove he or she was entrapped, it is a complete defense to criminal charges.
How Do Federal Conspiracy Charges Work?
A federal conspiracy charge can be an extremely intimidating accusation. Unlike other offenses, which require prosecutors to present proof that you committed a crime, a federal conspiracy charge does not require a crime to actually have been committed. Instead, it is seen as a way for the government to "widen the net" when pursuing a conviction.
Understanding federal conspiracy charges is the first step toward building a strong defense. The best way to learn how federal conspiracy charges work is to consult an Illinois federal conspiracy defense attorney. This article will discuss what a federal conspiracy charge is and some legal strategies to defend against it.
What Is a Federal Conspiracy Charge?
Under 18 U.S. Code § 371, it is a federal offense to conspire to commit a crime against the United States or to defraud the United States. This means that two people or more can be charged with federal conspiracy if they plan to commit a federal crime. The fact that the law uses the word "conspire" means that the offense does not have to be committed — it only needs to be planned.
Can I Be Charged with Human Trafficking If There Is Consent?
Human trafficking, sometimes referred to as trafficking in persons, is a federal crime in the United States and many countries around the world. It is usually understood to refer to coercing someone, through force or fraud, to do certain things they are unwilling to do. However, the laws on human trafficking are relatively complex. A person’s willingness to perform a task does not necessarily determine whether he or she is considered a human trafficking victim.
There are two main types of human trafficking:
-
Forced labor
-
Sex trafficking
This article will discuss both forms, as well as how consent factors into the crime. If you have been charged with human trafficking, reach out to an Illinois human trafficking defense attorney right away.
Forced Labor
Federal law defines forced labor as using fraud, coercion, or force to "exploit the labor or services" of someone else. Domestic servitude, for example, is a type of forced labor that involves a person performing work in a private residence, often in isolation. The person’s employer might use the threat of withholding housing or food to force the victim into working.