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What to Do If You Are Accused of Immigration Fraud
In one year, the Department of Justice prosecuted over 25,000 defendants with illegal entry into the United States.
A person can be accused of immigration fraud if the individual knowingly provides false information on any documents or application to enter the United States. Immigration fraud is a federal crime, and if you are found guilty, you may be subjected to several years in prison, substantial fines, and deportation.
Many of these accusations are unsupported, but the federal government still investigates each case closely. If you have been accused of immigration fraud, you should contact a Chicago immigration fraud lawyer to protect your rights.
Elements of Immigration Fraud
For a person to be denied entry into the United States, the federal government must find that the individual made a false statement with the intent to deceive.
Overview of the Federal Criminal Process
Federal criminal defense attorneys are key in ensuring that individuals accused of federal crimes receive legal representation and a fair trial. Navigating federal criminal proceedings demands a proper understanding of the legal process since each stage has distinct considerations.
A highly experienced Chicago criminal defense lawyer can offer you proper representation to minimize or eliminate the potential penalties you may face. Contact our firm immediately if you are facing allegations in federal court.
Steps Involved in Federal Criminal Processes
Each criminal case is unique, and the specific procedures may vary depending on the circumstances. But generally, you can expect federal criminal cases to follow these steps.
Investigation
First, federal criminal cases begin with investigations conducted by various law enforcement agencies such as the Federal Bureau of Investigation (FBI). This step involves gathering evidence, interviewing witnesses, and collecting relevant information necessary for prosecutors to review the case.
What are Federal Sentencing Guidelines?
The United States Sentencing Commission publishes guidelines to determine sentencing for offenders of both felonies and misdemeanors. These guidelines have been developed by federal courts and establish a uniform punishment policy for convicts.
If you have recently been convicted of a crime, you may be concerned about how much prison time you may need to serve. Our Chicago federal criminal lawyer would like to give you an overview of federal sentencing guidelines.
Overview of Federal Sentencing
The guidelines for federal sentencing take the following under consideration:
Offense Seriousness
There are 43 levels of offense seriousness, with more serious crimes assigned a higher level.
Base Offense Level
Each type of crime is assigned a base offense level, with more serious crimes being given a higher level.
What is Wire Fraud?
Wire fraud is any fraudulent or deceitful scheme used to obtain money or property. The act usually involves sending an electronic message or making a telephone call to deceive others for your own financial gain. Wire fraud is a federal crime carrying severe consequences.
If you have been charged with wire fraud, you may be facing jail time, steep fines, asset forfeiture, or any combination of these. Do not hesitate to contact an experienced Chicago federal wire fraud attorney to discuss your case.
Federal Wire Fraud Charges
Since our society relies heavily on technology to conduct business, wire fraud is very common. Federal wire fraud involves the use of interstate or foreign wire communications.
According to Federal law (18 U.S. Code § 1343), a person has committed wire fraud if the following elements are present:
Federal Money Laundering Charges
Money laundering is earning money from illegal activity. The severity of the charge you will be facing will depend on the amount of money that is laundered.
Federal money laundering carries serious consequences, including jail time, hefty fines, and even asset forfeiture. If you have been charged with federal money laundering, it is time you contact an Illinois federal crimes lawyer.
What is Money Laundering?
Money laundering is the act of concealing money that was gained through illegal activity by pretending that the proceeds came from a legitimate business. Money laundering is a person’s attempt to make the money look “clean.”
Money laundering is considered a “white collar” crime because it is a non-violent crime that is committed by businessmen and government officials to gain a financial advantage. To conceal unlawful money, the offender must make it difficult to trace the source of the money. This may be done by making money transfers through offshore bank accounts.
Penalties for Federal Mortgage Fraud Charge
Federal mortgage fraud charges are taken very seriously in the United States. Mortgage fraud involves intentionally being deceptive or giving false information during the mortgage application process. This can occur at various stages, such as during the loan application, appraisal, or closing.
Whenever you face fraud allegations at the federal level, your very first call should be to a Chicago federal criminal defense attorney. You need defense representation from a lawyer with extensive experience with the federal criminal justice system.
Possible Penalties
The consequences of federal mortgage fraud convictions can be severe and may include:
- Imprisonment: People convicted of federal mortgage fraud may receive substantial prison sentences. The time behind bars can vary based on the specific circumstances of the case, including the value of the financial loss of victims and the level of deception involved.
Overview of Federal Plea Bargaining
Did you know that 98% of federal criminal cases end in a plea bargain? When a defendant takes a plea bargain, the offender must plead guilty for a reduced punishment.
A plea bargain is between the defendant and the prosecutor. Federal law prohibits a federal judge from taking part in the process.
Below, we briefly discuss the basics of a plea agreement and the reasons why prosecutors offer defendants plea bargains. If you are facing charges, seek help from a Chicago federal criminal defense attorney immediately.
What is a Federal Plea Agreement?
When a defendant agrees to plead guilty as part of a plea agreement, the accused is doing so under Rule 11 of the Federal Rules of Criminal Procedure.
Federal Hate Crime Charges and Penalties
In defining a hate crime, the term “hate” refers to a bias against a group of people with similar defining characteristics.
In a recent year, there were a reported 7,200 incidents of hate crimes. Hate crimes can include a number of acts, from physically assaulting someone because of their ethnicity, setting a group home for people with disabilities on fire, or vandalizing a place of worship.
If you have been charged with a hate crime, you need to speak with a Chicago criminal defense attorney who can represent your interests.
What is a Hate Crime?
A hate crime is often a violent crime, such as vandalism, assault, murder, arson, or any threat to commit such crimes. A federal hate crime is a prejudice-motivated act that is based upon certain actual or perceived characteristics of the victim.
The motivation for the majority of hate crimes was based on race or ethnicity, accounting for 64.8% of the hate crimes in 2021. Sexual orientation accounted for 15.6%, and religion accounted for 13.3% of all reported crimes.
What to Do If You Are Wrongfully Arrested for a Federal Crime
Finding yourself arrested for a federal crime you did not commit can be an overwhelming and highly distressing experience. However, it is essential to remember that an arrest does not automatically mean guilt; you still have the right to fight for your innocence, which is best done with the help of a seasoned Chicago criminal defense attorney. Here are some crucial steps to take if you find yourself wrongfully accused and subsequently arrested.
Seek Legal Representation
Your first move should be to contact a criminal defense attorney with experience in federal criminal law. In the American legal system, you are presumed innocent until proven guilty beyond a reasonable doubt. Having an experienced Chicago criminal defense attorney by your side will safeguard your rights and ensure you do not accidentally provide information that could harm your case.
Exercise Your Right to Remain Silent
While it may be very tempting to defend yourself, the authorities can use anything you say as evidence against you. Always remember that you have the right to remain silent from the moment you are arrested and from then forward. It is in your best interest to avoid discussing any details of your case with anyone except your attorney, which includes both in jail and on social media. This precaution will prevent statements from being used against you.
What You Need to Know About Federal Arrests
Federal arrests are often the culmination of extensive investigations, some taking years. Federal agents invest countless hours in surveillance and meticulously sift through numerous documents to put together the evidence needed. Before executing an arrest, these agents typically obtain a warrant from a federal district judge in a federal district court. Unlike local arrests, federal arrests are not impromptu events.
If you or someone you know is the subject of a federal arrest warrant, it signifies that the government has compiled substantial evidence and is now prepared to initiate formal prosecution. Consequently, it is imperative to treat a federal arrest warrant with utmost seriousness and contact an experienced Chicago criminal defense attorney immediately.
What Transpires During a Federal Arrest?
Before the arrest, the federal agents executing the arrest will have applied for and obtained an arrest warrant in a federal district court. The warrant will name the person who can be arrested, specify a place and time for the arrest, and list the crimes the person is accused of.