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Recent Blog Posts
Three Common Federal Firearm Laws
Federal firearm laws are complicated and carry harsh penalties. These laws are not only complex, but they also provide federal prosecutors with an immense arsenal of weapons when prosecuting those accused. This has resulted in a huge increase in prosecutions under the federal laws on firearms. Due to the fact that these prosecutions have become more prevalent, it is essential that everyone understands the law, so they do not find themselves under federal investigation. Below are three of the most common charges prosecutors pursue.
Selling Guns Illegally
There are multiple federal firearm laws pertaining to the sale of firearms, including licensing requirements and restrictions on transporting certain weapons across state lines. Under 18 U.S.C. Section 922(a), it is against the law to sell guns across state lines without a valid license. Selling firearms without any type of license carries a five-year sentence in federal prison for those convicted.
What Happens During Sentencing in Federal Court?
If you have been convicted of a federal crime such as embezzlement or a violation of The Controlled Substances Act, the next process you will face is sentencing. What happens during sentencing is incredibly important, as that is when the judge will tell you how much time you will serve in jail, or if you will serve any at all. There is a period of time between the conviction and when you receive your sentencing, and it is important to understand what will happen during that time. Below is an outline of the procedure that will take place before you appear for your sentencing hearing.
The Pre-Sentence Report
After your conviction, a probation officer will interview you. During this interview, they will ask about your family history, social history, education background, financial situation, and other various details about your life. They will then write a pre-sentence report.
Once the pre-sentence report is created, it is sent to the judge, the prosecutor, and your defense lawyer. After receiving it, you will have an opportunity to object to anything that is contained within the report. There are both big and small objections. A federal criminal defense attorney can advise on which objections are most important to make.
Options After a Federal Crime Conviction
Being convicted of a federal crime such as bankruptcy fraud or embezzlement is a scary thing. Upon hearing the conviction, accused individuals wonder what they are going to do, and what comes next. They may consider filing an appeal, but this is not the only recourse a person has. There are several options other than an appeal and, with the right federal criminal defense attorney, a conviction does not always mean the case is closed. Below are some of the common options sought by those that have been convicted.
Appeal
Often, an appeal is the first thing a person considers after a conviction. This can be done when a lower court made a mistake deciding, or interpreting, the legal statutes involved with a case. There are many common bases for appeals including:
- Fourth Amendment violations
- Incompetent legal representation
- Evidence was withheld that would have exonerated the defendant
- Sentencing was overly harsh
What Is the Federal Crime of Human Trafficking?
Recently, a Pensacola man was charged with human trafficking in three different states. The charges came after multiple federal search warrants turned up evidence of this offense and a number of others in several massage parlors across the country. While some have heard of human trafficking, whether through movies or news reports, few completely understand what this crime entails. Sometimes this includes those charged. It is important that anyone facing charges understands what possible penalties they face, and how a Chicago federal defense attorney can help.
Understanding the Crime of Human Trafficking
Human trafficking occurs when one person smuggles, conceals, or obtains people through the use of force or threat of force. Transporting a person under these means is also considered human trafficking. While most people are familiar with the term, ‘human trafficking,’ the legal statute refers to the offense as involuntary servitude, forced labor, and sex trafficking.
The statute on human trafficking also includes language further defining human trafficking as defrauding a person through an abuse of power when the above conditions are met. This also includes using a person to make a profit while exploiting them.
Penalties for Human Trafficking
Human trafficking is considered to be an extremely serious crime in the United States. As such, those convicted face up to 20 years in federal prison if they are convicted of the crime. If a person died as a result of human trafficking, those penalties are increased to life imprisonment.
Sex trafficking also carries harsher sentences than human trafficking that does not involve sex offenses. When children are involved in sex trafficking, or the victim was defrauded, forced, or coerced to perform sexual acts, the minimum sentence is ten years in federal prison. Convictions for these offenses can also result in a life imprisonment sentence.
In addition to the prison sentences and potential fines that are sentenced in human trafficking convictions, those accused may also have to appear on the sex offender registry. This can make it extremely difficult to find employment and housing in the future and will affect just about every aspect of the defendant’s life.
The penalties for human trafficking may also vary, depending on the person’s role in the offense. For example, if someone drove the vehicle that transported the victims of human trafficking, they may face up to seven years in federal prison, even if they did not actively participate in the trafficking.
Need Help with Federal Charges? Call Our Illinois Federal Defense Attorney
If you have been charged with human trafficking or any other federal crime, it is important you get the help of an experienced Chicago federal defense attorney. At the Law Offices of Hal M. Garfinkel, we know these cases are not as hopeless as they seem. We also know there are defenses available, and how to use them to build you the solid defense you need. Call us today at 312-629-0669 or fill out our online form for your free consultation. We are committed to helping those wrongly accused, and we want to help you, too.
Common Defenses to Identity Theft
A recent story involving a U.S. astronaut has made headlines around the country. The astronaut, who spent six months onboard the International Space Station, has returned home, but the headlines may not be what she expected. Instead of being touted for her work, she is instead under scrutiny for a possible identity theft crime. While on board the ISS, she used a computer to look into her ex-wife’s bank account. She claims she was only trying to ensure there was enough money to care for their son, but she could face charges of identity theft.
The astronaut in question is likely shocked to come home to this story, as most people are when they are accused of identity theft. However, there is hope. There are many common defenses federal criminal defense attorneys use in identity theft cases, and they are found below.
Authorized Use
When a person has given another person to use their identity, the person that uses it cannot be found guilty of identity theft. This is true even if the person stole money or something of value while assuming the identity. This sounds like an unreal situation, but it is more common than one would think.
For example, a mother gives her son her bank card to go buy some groceries. While at the store, he purchases items his mom did not give permission for. While he should not have bought those items, he cannot be charged with identity theft because he was given permission to use the bank card.
Lack of a Crime
Simply stealing another person’s identity is not necessarily a crime, although in certain circumstances, such as hacking, it could constitute one. However, in many cases simply obtaining someone’s personal information is not a crime if nothing is done with that information.
For example, if a credit card is mailed to the wrong house and a person at that address opens it, they have obtained a person’s credit card information. They can only be charged with a crime, though, if they use that credit card. If they cut it up and throw it out, or even keep it but never use it, they have not committed a crime.
Lack of Intent
Like so many crimes, identity theft cases often hinge on intent. Without intent, there is no crime. For example, two sales agents share the same first and last name. An administrative error allows one agent access to the other’s business account. Without realizing it, they use the funds in the account. They cannot be charged with an identity theft crime because they did not have the intent to take money from the account that was not rightfully theirs.
Need a Good Defense? Call Our Illinois Federal Criminal Defense Attorney
Facing charges of identity theft is always shocking, even when the alleged act was not performed in space. If you have been charged with a crime, you need the help of our experienced Chicago federal criminal defense attorney. At the Law Offices of Hal M. Garfinkel, we will work hard to prepare the defense you need and give you the best chance of a possible outcome in court. Call us today at 312-629-0669 for your free consultation to learn how we can help.
What Are the Levels of Intent in Federal Criminal Cases?
During a federal criminal trial, prosecutors have to prove a number of elements in their case. One of those elements is the legal concept of ‘mens rea’ or criminal intent. This is true in most cases, although there are certain cases that rest on strict liability and do not include the requirement of intent. Not only must the prosecution prove intent, but there are also four different levels of intent they must prove. The level they must prove will depend on the statute involved in the case. Below, those four levels of intent are examined more closely.
The Accused Acted Knowingly
There are many criminal statutes that only require the prosecution to prove the defendant acted knowingly. This means that the defendant simply knew what they were doing. The prosecution does not have to prove that the defendant knew what they were doing was against the law. For example, 18 U.S.C. Section 1512(b) states that it is illegal to intimidate or threaten a person that could be a witness for the federal prosecution. If the prosecution can prove a person knowingly did this, they do not have to also prove the defendant knew it was illegal.
What to Expect if You Are Involved in an Opioid Investigation
In 2017, then Attorney General Jeff Sessions announced the government’s war on opioids. Ever since, no healthcare agency or provider has been immune from the Drug Enforcement Agency’s (DEA) investigations. For nearly two years, the DEA has been aggressively investigating physicians, pharmacists, dentists, and other healthcare professionals for drug diversion.
Due to this, it is important healthcare providers understand the initial signs that could indicate they are under investigation, so they can take the necessary steps to address the problem quickly. The process you can expect if you are under investigation are below.
Patient File Audit
One of the first signs that you are under investigation for drug diversion is if you receive a request from the DEA asking for patient charts. This will come either from a commercial insurance carrier or a DEA subpoena. There are two reasons for this audit. The first is that you or your practice has been singled out based on a complaint either from a patient or through data comparison.
Is Buying Counterfeit Goods a Federal Crime?
Maybe you picked up some designer bags from a street vendor that you knew were not really designer. Or, maybe someone was selling a watch you knew was not actually a Rolex. Sometimes the temptation is too great. These counterfeit products look very similar to the real thing, and they come at such an affordable price. However, if you buy them, are you breaking federal law?
Defining Counterfeit Goods
Legally speaking, counterfeit goods are products that are of inferior quality and sold under another company’s trademark. Trademarks are typically the logos company use and attach to their products to identify it as being from a certain brand. The purpose of a trademark is to protect a company’s reputation and make it easier for customers to distinguish one brand from another in the marketplace.
Trademarks do not expire. A company simply has to register the trademark with the U.S. Patent and Trademark Office. Once they do this, they own that trademark for life. After a trademark is registered, only that company can use the trademark. Others are prohibited from using it, even if it is slightly altered. If an invalid logo could confuse customers or trick them into thinking it was the actual product, using it is illegal.
Differences Between Grand Juries and Trial Juries
If you have been charged with a federal crime such as healthcare fraud or federal drug trafficking, you may hear that the grand jury is convening over your case. This happens before a trial even begins, which confuses many accused individuals. Does the jury convene after the trial? What does the grand jury do?
In federal cases, there is a good chance that both a grand jury and a trial jury will hear your case. They both have very different functions, though, and are sometimes presented with different types of evidence.
The Grand Jury in Federal Cases
In a federal criminal case, the role of the grand jury is to determine if the prosecution has enough evidence to charge the accused. Grand juries are usually made up of 23 people. While the grand jury process can take months to complete, grand jurors typically do not work more than a few days per month.
A grand jury works closely with the prosecution. The prosecutor will present them with evidence, which the grand jury has large control over. During the grand jury process, the jury can hear nearly any type of evidence they would like. They can also listen to testimony from any individual that can help them make their recommendation.
Defenses to Conspiracy to Commit Murder
The news of Joaquin Guzman, better known as ‘El Chapo,’ starting his life sentence this week made news around the country, and around the globe. The sentence came after Guzman was found guilty of a number of crimes, including conspiracy to commit murder. While a jury found Guzman guilty and he was largely known as a very violent criminal, not everyone accused of conspiracy to commit murder actually committed the act. Fortunately for these individuals, there are defenses available.
What Is Conspiracy to Commit Murder?
The federal crime of conspiring to commit murder is covered under 18 U.S. Code Section 1117. Under this code, it is unlawful to conspire, or plan, to kill internationally protected persons, law enforcement or government officials, or any other person.
It is important to understand that the act of murder does not have to happen in order for the prosecution to press conspiracy charges. The government must simply show that a person had plans to kill another person. If the murder did take place, a person will likely face both conspiracy charges and murder charges.
In a conspiracy case, the prosecution must prove the intent of the defendant, which is very difficult to do. If a person is unaware they are part of a conspiracy, they cannot be convicted of a crime. However, a person also does not need to be made aware of all the elements of the crime, either. As long as they know they are part of a conspiracy, they can face charges.
For those convicted, conspiracy to commit murder has very harsh penalties. There is no minimum sentence, and a person could spend the rest of their life in federal prison. Due to this, it is important any individual charged speak to a federal criminal defense attorney that can help.
Defenses to Conspiracy to Commit Murder
One of the most effective defenses in conspiracy to commit murder cases is abandonment or withdrawal. If the defendant can show that they communicated to their co-conspirators, in no uncertain terms, that they no longer wished to play a role in the conspired crime, this can be used as a defense. When using this argument, the defendant must also show that they took positive action to remove themselves from the conspiracy. They must also show they no longer communicate with their co-conspirators. This withdrawal must occur prior to the conspired act taking place.
Like all criminal cases, mistaken identity can also be used as a defense in conspiracy to commit murder cases. Sometimes, law enforcement and the prosecution simply get it wrong. When they do, and they accuse the wrong person of conspiracy to commit murder, it can be used as a defense to conspiracy to commit murder.
When law enforcement has persuaded someone to partake in conspiracy to commit murder, this is also a useful defense. To use it, the defendant must show they had no intention of committing a crime before communication with a law enforcement officer. They must also show the conspiracy was suggested by the officer first, and that the officer persuaded the defendant to conspire to commit the act.
Charged with a Federal Crime? Call an Illinois Federal Criminal Defense Attorney
Like all federal crimes, there are valid and effective defenses to the crime conspiracy to commit murder. However, no one should ever try to argue them on their own. A skilled Chicago federal criminal defense lawyer can give defendants their best chance of success in court. If you have been charged with a federal crime, call the Law Offices of Hal M. Garfinkel at 312-629-0669 today for your free consultation. We are dedicated to helping those accused of crimes retain their freedom, and we want to help with your case, too.
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