TELEPHONES ANSWERED 24 HOURS A DAY
FREE CONSULTATION
312-629-0669
Recent Blog Posts
What Are My Rights as a Criminal Defendant?
Being accused of any type of crime can be completely overwhelming and confusing, whether it is a federal drug crime or an allegation related to child pornography. A criminal defendant may not know that he or she still has certain rights after being arrested and charged with a crime. These rights are protected by the United States Constitution and other state and federal laws. If you are facing criminal charges, it is important to remember that you are innocent until proven guilty, and you deserve to be treated with dignity and respect. It is important to know about the rights every criminal defendant has and what to do if your rights have been violated.
The Right to Remain Silent
Even if you have never before been arrested, you are probably familiar with the “right to remain silent.” This right is listed along with many others during the Miranda Warning—which should have been read to you during or after your arrest. You have a right to stay silent when questioned by police so that you can avoid incriminating yourself. Many criminal defendants inadvertently give police and prosecutors evidence which is later used against them by talking too much in the moments after the arrest, so it is critical that you do not consent to police questioning until you have an attorney present. An experienced criminal defense attorney will help you avoid the tactics that police often use in an attempt to get you to admit to a crime.
What You Need to Know About Federal Conspiracy Charges
Did you know that you could be charged with a federal crime even if authorities are aware that you did not actually commit what most people would consider an illegal act? At some point or another, most of us have talked or joked about the idea of committing some type of crime—such as robbing a bank when family finances get tight. Doing so may seem harmless, especially when such conversations are light-hearted, but in reality, having serious discussions or making plans related to the commission of a crime could lead to the filing of federal conspiracy charges. It is possible to be charged with conspiracy even if the discussed act or acts were never actually carried out.
Understanding Federal Conspiracy Charges
Criminal conspiracy is one of the most common charges filed at the federal level. In general, prosecutors are often likely to file this because it allows for a broad set of evidence to be presented. Federal conspiracy charges are also commonly used as leverage by federal prosecutors and law enforcement agencies as they investigate larger-scale criminal operations. For example, a federal agent could threaten to charge a person with criminal conspiracy unless the person is willing to cooperate and share additional details about other individuals who may have carried out the primary offense in question.
More Than 60 in Chicago Charged with Federal Crimes Under Operation Legend
Over the last few weeks, more than 1,000 arrests have been made in major cities around the country, and over 215 individuals have been charged with at least one federal crime. These numbers come from an announcement made by U.S. Attorney General William Barr last week. The arrests were made as part of “Operation Legend,” a focused, nationwide effort to combat violent crime in America’s large cities.
In Chicago alone, more than 60 people have been charged with federal crimes since the initiative began in the city on July 22. Attorney Barr said the charges are related to bank fraud, narcotics, and weapons violations.
Operation Legend Honors Young Victim
According to the Justice Department, Operation Legend was started as a “sustained, systemic, and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.” The name of the operation was selected to honor LeGend Taliferro, a 4-year-old boy who was shot to death as slept in the early hours of June 29 in Kansas City, Missouri. (Second-degree murder charges were filed against the boy’s alleged killer two weeks ago.)
Steps to Take if You are Being Investigated for PPP Fraud
Earlier this year, the federal government rolled out the CARES Act, which included the Payroll Protection Program (PPP). The PPP was intended to help small business owners keep their employees on the payroll during the pandemic, and help them pay for other costs, such as utilities and rent. Now, it is being learned that many large businesses, such as Shake Shack, are improperly applying for and being granted these loans. Even smaller businesses may face federal charges if it is found out that they have not been using the funds appropriately. So, what should you do if you become the subject of a PPP investigation?
What Prompts a PPP Fraud Investigation?
Since the PPP was introduced, federal agencies have stated that auditing the loans, particularly those over the amount of $2 million, will be a priority for them. An audit will likely be conducted if the government suspects that the borrower lied about owning a business so they could fraudulently obtain a loan, or the borrower was deceptive about the number of employees they have in order to secure a larger amount.
When Does a DUI Become a Federal Crime?
The offense of driving under the influence is typically a state charge, meaning a person will be tried in state court and if convicted, possibly have to serve time in state prison. There are times when these offenses are charged and tried at the federal level. The penalties associated with a conviction of any federal offense are typically much harsher than sentences in state court. It is for this reason that it is particularly important that anyone facing federal DUI charges speaks to a federal criminal defense lawyer that can help.
What Is a Federal DUI Charge?
According to the U.S. Code of Federal Regulations, a federal DUI offense occurs when a motorist drives a vehicle with a blood alcohol concentration of 0.08 grams per 100 milliliters of blood. The federal statute also dictates that if the offense occurs within a state that has more restrictive laws, state law will supersede federal law.
What Type of Criminal Charges Are Involved in Ponzi Schemes?
Ponzi schemes have become famous after news was made of Dona Branca’s scheme, the “Double Shah” and of course, the original Charles Ponzi scheme. Still, even though Ponzi schemes often make the news, few people really understand what they are, and what is at stake if they are charged with running such a scheme. Learn more about Ponzi schemes below, what types of criminal charges are involved, and what to do if you are charged.
What Is a Ponzi Scheme?
Ponzi schemes are considered white-collar crimes that typically involve some type of fraud. They are not violent crimes, but they are not what some call ‘victimless’ either, because these schemes do defraud people out of their money.
A Ponzi scheme will involve an investor that convinces people or groups of people to invest a large amount of money with them in the hopes of obtaining a large return on that investment. The money paid by these individuals is then distributed to others that have also been convinced to invest. The majority of the money collected from investors is kept by the person or group running the scheme.
Usually, the scheme is discovered when an investor wants to cash out, but they do not receive any payments because no new investors have been brought into the scheme.
Ponzi Schemes and Criminal Charges
Due to the fact that Ponzi schemes typically include some type of fraud, a person may face several charges if they are suspected of running such a scheme. The most common of these include:
- Mail fraud, if the government suspects a person used the postal office in an effort to further the scheme
What to Do if Your Spouse is Charged with a Federal Crime
Learning that your loved one has been charged with a federal crime is very scary. You want to help, but you do not know how to do it, or what steps to take. You may also want to post bond as soon as possible, so your spouse can come back home to you. The federal justice system though, is very different from the state justice system most people think of in criminal cases and so, it is important to understand those differences, and what you should do after your spouse is arrested.
State Court vs. Federal Court
Many people are familiar with the state court system and how it works, but are unaware that federal court is very different. Federal convictions typically carry much harsher consequences, and the procedural rules also vastly differ. As such, you need to work with a criminal defense lawyer that has the necessary experience in federal court to give your spouse the best chance possible.
Posting Bond
One of the biggest differences between state and federal courts is that you will likely be unable to post bond right away for your spouse. State courts often allow people to post bail or bond and remain at home until the date of their court hearing. Federal courts do not typically follow this procedure.
The Federal Rules of Criminal Procedure state that defendants must appear in their first detention hearing within three days of arrest. At the hearing, they will be read the charges they are facing, and the court will determine if the individual is a flight risk, or if they pose a threat to others. After determining this, the judge will determine whether bond is appropriate.
Certain federal offenses do not allow defendants or their loved ones to post bond. These include certain violent crimes, drug offenses that carry a prison sentence of ten years or more, felonies committed against a minor, and felonies committed with a firearm.
Steps to Take to Help Your Spouse’s Case
If your loved one cannot post bond, it will be even more important that you understand the steps you should take. The first step is to keep copies of all documentation. You may receive copies of warrants, police reports, and other paperwork during and after your spouse’s arrest. It is crucial that you keep all of these, as they will contain information about where your spouse is detained.
Secondly, you must speak with a federal criminal defense lawyer that can help with your spouse’s case. Remember that the lawyer will work for your spouse, not you. Although it is okay to ask questions, remain understanding if there are certain aspects of the case the lawyer cannot discuss with you.
Our Chicago Federal Criminal Defense Lawyer Is Here to Help
If your spouse has been arrested and is facing federal charges, there is little doubt that you want to help them as much as possible. At the Law Offices of Hal M. Garfinkel, our experienced Chicago federal criminal defense lawyer knows what a difficult time this is for you, and wants to make it easier on your family. Call us today at 312-629-0669 or contact us online to learn more about how we can help your spouse with their charges.
FAQs About Changing Attorneys in the Middle of Your Case
Too often, people are charged with a federal offense, such as tax evasion or drug trafficking, and they quickly hire a lawyer that was recommended to them, or that they heard about from an advertisement. As the case progresses, the lawyer’s shortcomings become quite evident and the accused individual starts to lose trust in their attorney. In these instances, people often want to change their lawyers, but wonder if they are allowed to under the law. This is just one question that arises when people want to change lawyers. Below are other frequently asked questions about hiring a new attorney, and the answers to them.
Am I Allowed to Switch Lawyers During My Case?
The Constitution of the United States provides all Americans the right to have an attorney of their choosing represent them during their case. As such, you can change lawyers nearly any time you would like. However, there are times when a judge will not allow you to change lawyers, such as right before your trial begins if the judge feels it would not serve justice and the change would only delay the case.
How Do I Know if I Should Change Lawyers?
The answer to this question is largely subjective because it relies on how you feel about your attorney. Do you feel as though your lawyer does not have the skillset your case requires? Do you speak more to your lawyer’s paralegals and secretaries than you do your attorney? Have you lost trust that your lawyer is working in your best interests? All of these are signs that you should change lawyers but generally speaking, any time you are not comfortable with your lawyer, it might be time to seek a second opinion.
How Do I Know that a Lawyer is Better than My Current One?
The most important thing to ask a potential new lawyer about is their experience. Ask how many cases they have handled that are similar to yours, and about the outcomes, they achieved in those cases. This will tell you if the lawyer can handle your case, and will ensure they are familiar with the law regarding your case.
Do I Have to Tell My Old Lawyer that I Chose a New One?
You should never sever ties with your current attorney until you have spoken to a new one. Once you start working with your new lawyer, they can draft a letter informing your current lawyer of the change and ask that they transfer your case file to you, or to your new attorney.
Need a Second Opinion? Our Chicago Federal Criminal Defense Lawyer Can Help
Changing lawyers in the middle of your case is certainly not ideal, but sometimes it is necessary. If you feel as though your current lawyer is not the right one for the job, our skilled Chicago federal criminal defense lawyer at the Law Offices of Hal M. Garfinkel can help. Attorney Garfinkel is well-versed in all areas of federal law and can answer all your questions about switching lawyers. When you need a second opinion, call us at 312-629-0669 or contact us online to schedule a free consultation and to learn more about how we can help.
Can You Post Bail for Federal Charges?
If you have been charged with a drug crime, a weapons offense, or any other federal crime, you may be wondering if you can post bail so you can remain out of jail until a decision is made at trial. Most people think that as long as they have the money, it is fairly easy to get bail. This is mainly due to the fact that when most people think of jail, they think of state facilities. The federal justice system is much different, and that includes how decisions are made about bail, bond, and pretrial release.
Initial Hearing
Shortly after being charged, you will meet with a Pretrial Services Officer. During an interview, the officer will ask you about your entire background. Afterward, the officer will make a recommendation to the court about whether you need an attorney appointed, and whether you should be detained or released while the case is pending. The judge will review the recommendations of the officer and hear arguments from you and the prosecution pertaining to your pre-trial release.
Bail
Generally speaking, bail is a term used to describe money paid court so you can be released from jail prior to your trial. In state courts, bail is quite common, but it is quite rare in federal court. In federal court, the issue of pretrial release does not revolve around one person’s ability to pay, but rather a number of conditions the court may impose to ensure you return to court.
Bond
The conditions the court imposes to ensure you return to court are known as bond. Bond can incorporate a number of conditions you must meet until the end of your trial. A judge will determine the bond conditions based on five premises. These are that you will:
- Not commit a crime
Is Looting a Federal Offense?
Protests have erupted all over the country with protesters calling for equality after the death of George Floyd, an unarmed African-American man who was killed while in police custody. Although many of the protests have remained peaceful, looting has also occurred in many cities. Buildings have been burned down, storefronts have been vandalized, and mass theft has occurred. Protesters and looters alike have both been arrested with many asking whether looting is a federal crime. The answer to that question is that it depends on the facts of a specific case. While some of the crimes that result from looting may be charged as a federal offense, many people are also criticizing law enforcement for overcharging behavior that otherwise would not be considered federal jurisdiction.
Offenses Associated with Looting
Looting in and of itself is not a criminal term, but a person may be charged with a specific act that results from looting. The most common offenses associated with looting include:
- Possession of destructive devices
120 N LaSalle St, Suite 2600,
Chicago, IL 60602
TELEPHONES ANSWERED
24 HOURS A DAY
312-629-0669
Chicago Criminal Defense Attorney120 N LaSalle St, Suite 2600,
Chicago, IL 60602312-629-0669
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
