Criminal Defense Law Blog

Robert G. Stahl, Esq. Participated on Panel Instructing NJ Lawyers on Expert Witnesses in Criminal Defense Cases

Robert Stahl was honored to instruct at the Criminal Trial Advocacy Institute, where he was part of a distinguished panel of attorneys, judges and experts on identifying, preparing and presenting expert witnesses. Expert witnesses in criminal trials contribute their analysis and conclusions regarding autopsies, DNA evidence, fingerprints, forensic identification, as well as psychologists’ and criminologists’ reports. In addition, complex criminal cases now routinely require experts on a number of technologies, such as computer and cellphone analysis, GPS, cell site location, facial recognition and smart home devices.

By Robert G. Stahl, Esq.|2024-08-19T19:42:23-04:00October 7th, 2019|Categories: White Collar Criminal Defense|0 Comments

The Trial Penalty: How Federal Judges Can Increase Sentences Using Acquitted Conduct

I previously wrote[1] about the ever-declining number of federal criminal trials due to the trial penalty: the additional months or even years added to a sentence after a conviction at trial, as compared to resolving the case by a plea agreement. This article focuses on another factor contributing to the trial penalty: punishment based upon acquitted conduct.

By Robert G. Stahl, Esq.|2024-08-22T18:50:13-04:00October 2nd, 2019|Categories: Sentencing|Tags: Federal Crimes|0 Comments

The Importance of Pretrial Motions

Whether you are in federal or state court, well-crafted pretrial motions are essential to a successful defense. Pretrial motions are requests by way of formal motion, which may ask for the court to compel the prosecutor to turn over evidence, to dismiss the indictment or certain counts, to exclude or limit certain evidence, or to prevent the prosecutor from making certain arguments to the jury, among other things. These types of motions may also raise discovery violations; challenge the admission of evidence from searches, electronic surveillance, identifications, and custodial interrogation; and/or challenge the sufficiency of grand jury proceedings.

By Robert G. Stahl, Esq.|2024-08-20T18:30:45-04:00September 16th, 2019|Categories: Criminal Discovery, Mortgage Fraud, Pre-Trial Procedures|0 Comments

Jeffrey Epstein’s Suicide Highlights the Failures of Our Prison System

While people may not mourn his death based upon the heinous allegations against him, Epstein’s suicide is a high-profile example of the American prison system’s systematic failure to protect both those accused and convicted of crimes. Jails and federal holding facilities incarcerate those accused of crimes pending trial, and at times, those convicted with shorter sentences. Federal and state prisons house those who have pled or have been convicted of crimes.

By Robert G. Stahl, Esq.|2024-09-02T21:02:53-04:00August 14th, 2019|Categories: Prison, Sex Crimes|0 Comments

Customs and Border Patrol is Seizing Travelers’ Cash

At airports throughout the United States, Customs and Border Patrol (CBP) officers are seizing travelers’ cash when coming into and leaving the country for failure to report the cash. Regular international travelers may be familiar with the Customs forms airlines hand out just prior to arrival in the United States. On the form you must declare goods purchased during your international travel, as well as any cash in excess of $10,000. Most people do not realize, however, that you must also declare any cash in excess of $10,000 before you leave the United States, as well.

By Robert G. Stahl, Esq.|2024-08-12T11:55:49-04:00July 8th, 2019|Categories: Money Laundering, Police|Tags: Money Laundering|0 Comments

The Importance of Accepting Responsibility at Sentencing

Whether you are being sentenced in federal or state court, it is critically important to carefully plan what you are going to say to the judge, both in written submissions and orally, before the sentence is imposed. Acceptance of responsibility and true remorse are key factors judges consider when imposing a sentence. A recent article about a federal sentencing in Florida is a perfect example. A judge in the Southern District of Florida changed her mind and imposed a more severe sentence after listening to the defendant speak. The case involved a low-income housing fraud scheme. The defendant claimed contrition and responsibility, but immediately thereafter stated he did not act with fraudulent intent and never received a single complaint of underpaying a worker. Nearly a full year was added to his sentence as a consequence. His statement, according to the judge, was a far cry from any acceptance of responsibility she had heard in 30 years on the bench. The judge also remarked that she didn’t know who the defendant made the statement for, but suspected it was for members in attendance and their perception of him as a CEO of his construction firm.

By Robert G. Stahl, Esq.|2024-09-03T16:09:09-04:00May 28th, 2019|Categories: Sentencing|Tags: Federal Crimes|0 Comments

Target Letters and Proffer Agreements

We receive many calls over the course of the year from potential clients, telling us they received a “target letter” from the U.S. Attorney’s Office or State Attorney General’s Office and that they are considering whether to go to an interview with law enforcement under a “proffer agreement.”

By Robert G. Stahl, Esq.|2024-08-07T16:42:07-04:00May 7th, 2019|Categories: Criminal Investigation|Tags: Criminal Defense, Criminal Investigation, Federal Crimes|0 Comments

Plea Bargaining in the Federal System

Recent statistics show that about 96% of the criminal cases in federal court are resolved through guilty pleas. The number of cases going to trial has dramatically decreased in the past ten years. Thus, today’s criminal defense attorneys must be adept at negotiating the best possible resolution for their clients that choose to plead guilty.

By Robert G. Stahl, Esq.|2024-08-07T23:00:07-04:00May 2nd, 2019|Categories: Federal Courts, Plea Bargaining|Tags: Criminal Defense, Federal Crimes|0 Comments

Google Tracking of Cellphones Used in Criminal Investigations

I have written a number of times about modern technology being used in criminal investigations, from cellphone towers tracking our phones, to Alexa and other smart home devices used to record internet searches and conversations, to security cameras used to spy on their homeowners. Recently, the New York Times and other media outlets reported that Google has the ability to track which cellphones are in the area of a crime scene at a particular time. Once law enforcement narrows down which phones they are interested in, they obtain a warrant for the particular cellphone owner’s information.

By Robert G. Stahl, Esq.|2024-08-16T11:18:30-04:00April 16th, 2019|Categories: Criminal Discovery, Criminal Investigation, Search and Seizure|0 Comments

Federal Sentencing – How to Get the Best Outcome

Anyone facing a federal sentencing knows how difficult and daunting the U.S. Sentencing Guidelines can be for many types of crimes. For financial crimes, the amount of loss, number of victims, complexity of the scheme and the like can quickly ratchet someone with no prior offenses into the 10+ year range. With a system that does not allow for early release on parole, like most states, and that credits a defendant with only 54 days a year good time credit, sentencing in the federal system can be particularly harsh.

By Robert G. Stahl, Esq.|2024-08-20T18:10:39-04:00March 11th, 2019|Categories: Federal Plea & Sentencing Mitigation, Sentencing|Tags: Federal Crimes|0 Comments