News reports today indicate that Bravo celebrity Jen Shah was sentenced to 78 months for her role in a wire fraud that resulted in $5 million in losses. For people unfamiliar with the federal sentencing guidelines, the base offense level for a wire fraud is enhanced by a number of levels that corresponds to [...]
Laura K. Gasiorowski will once again be participating in the annual NJICLE Immigration Law and Criminal Acts webcast presented by NJSBA. The panel, composed of criminal and immigration lawyers, will tackle the myriad legal issues that arise in “crimmigration”… the intersection of criminal and immigration law.
“These are people with brain damage, they’re f--king retarded, they’re on the goddamn spectrum. But they’re our brothers, our sisters, our neighbors, our coworkers — they’re part of our country. These aren’t bad people, they don’t have prior criminal history. Fuck, they were subjected to four-plus years of goddamn propaganda the likes of which the [...]
NEW ORLEANS – Laura K. Gasiorowski, Esq. of Robert G. Stahl Esq. Criminal Defense Lawyers is again teaching the Pre-Trial Motion Litigation Intersession Bootcamp at Tulane University’s School of Law January 6 – 13, 2020. The program provides second and third-year law students of the school with practical pre-trial motion litigation experience.
I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and its progeny affirm that when the Executive Branch decides that it will defer removal and deportation in favor of first proceeding with a federal criminal prosecution, it is obligated to follow all applicable laws governing such prosecution, including, of course, the Bail Reform Act.
Anxious clients flood immigration lawyers with concerns and questions, particularly in this new era of enforcement. Non-citizens facing criminal charges must be advised on possible immigration consequences of a conviction by their criminal attorneys.
NEW ORLEANS -- Laura K. Gasiorowski of Stahl Gasiorowski Criminal Defense Lawyers is once again teaching the Pre-Trial Motion Litigation Intersession Bootcamp at Tulane University’s School of LawJanuary 8-13, 2018. The program provides second and third year law students at Tulane Law School with practical pre-trial motion litigation experience.
Criminal defense attorneys representing non-citizen defendants are obligated to provide advice regarding the immigration consequences of a plea or guilty verdict. The Supreme Court’s decision in Padilla made it clear that failure to do so constitutes ineffective assistance of counsel.
Electronic service providers like AOL voluntarily and automatically scan customers’ email transmissions and electronic storage spaces using sophisticated image detection and filtering programs to detect viruses, malware, and illegal images like child pornography. When such scanning reveals that a customer has accessed, transmitted or stored child pornography, the service provider is statutorily required to notify the National Center for Missing and Exploited Children (NCMEC). The NCMEC is obligated by law to then alert federal law enforcement, which can then lead to government investigation and serious criminal charges in state and federal court. Courts have almost uniformly rejected challenges to the search and seizure of child porn discovered in such instances, relying on the private actor doctrine, which excludes searches or seizures conducted by private actors from Fourth Amendment scrutiny.
Our firm represented Dias Kadyrbayev, the young college student charged with obstruction of justice in the Boston Marathon bombing case. The Government sought to introduce statements Kadyrbayev made to law enforcement after allegedly being Mirandized. In the motion to suppress and evidentiary hearing, attorneys Robert G. Stahl and Laura K. Gasiorowski argued that as a non-native speaker of English with no prior experience with the American justice system, Dias did not comprehend his rights under Miranda. Those rights were provided to Kadrybayev only in English, with no Kazakh or Russian translation or interpreter, despite the fact that his limited English proficiency was insufficient to understand the complicated language and syntax of the Miranda rights.