Criminal Defense Law Blog

Criminal Defense and the Use of Experts

In many cases, defense attorneys utilize various experts to assist in their defense of a client. Those experts may include private investigators, forensic accountants, psychologists, DNA analysts, accident reconstruction analysis and economists. While experts can provide invaluable assistance in understanding the prosecution’s theory of the case and in analyzing and attacking the government’s evidence, special care must be taken to protect and preserve the attorney-client and work-product privileges.

By Robert G. Stahl, Esq.|2024-08-09T18:09:05-04:00February 19th, 2019|Categories: Criminal Charges, Criminal Trial|0 Comments

Opioid Prosecutions of Doctors and Pharmacists

The federal government has hired 300 additional prosecutors and created the Opioid Fraud and Abuse Detection Unit and the Joint Criminal Opioid Darknet Enforcement Team to investigate, uncover, and prosecute the prescribing and dispensing of opioids by healthcare professionals – doctors and pharmacists – as well as street-level sales of opioids and fentanyl. Since January 2018, over 200 doctors have been charged.

By Robert G. Stahl, Esq.|2024-08-12T12:40:57-04:00January 25th, 2019|Categories: Drug Crimes/Trafficking|Tags: Criminal Defense, Criminal Investigation|0 Comments

Going Beyond the Typical Sentencing Submission Results in Client’s Freedom

Stahl Gasiorowski Criminal Defense prides itself on the detailed, exhaustively researched and nuanced sentencing presentations we make in federal and state court matters. Laura Gasiorowski, a member of the firm for 15 years, is especially gifted in working with clients and their families in crafting powerful presentations. With her background in death penalty mitigation, she is well equipped to investigate the client’s social, mental, and educational history and uncover the type of powerful mitigation evidence that often makes the difference. Knowing and understanding the Guidelines is crucial, but in addition to making the right legal arguments a sentencing memo has to individualize the client and present whatever personal characteristics, social history, or circumstances that mitigate culpability.

By Robert G. Stahl, Esq.|2024-11-25T14:45:59-04:00January 16th, 2019|Categories: Sentencing|0 Comments

Everyday Technology That Spies on You – Available to Law Enforcement and Countless Unauthorized Users

Recent cases continue to reveal the advancements in technology and how they are used, both properly and improperly, to track our movements, actions and private lives. First, new cars have increasingly sophisticated technology. Roadside assistance features and other devices track our vehicles’ locations, speed and other relevant activities. Most vehicles are now equipped with Event Data Recorders, also known as a vehicle black box. Local police departments are now equipped to retrieve and analyze the black box data and use it against you in court. As of May 2018, almost all U.S. vehicles come standard with a black box installed.

By Robert G. Stahl, Esq.|2024-08-16T11:16:32-04:00January 10th, 2019|Categories: Criminal Investigation|0 Comments

General Flynn: Accepting Responsibility Verbally, but Offering Excuses in Writing – What Not to Argue in a Sentencing Memo

In the multiple investigations surrounding the Trump presidency and his administration, former National Security Advisor, General Michael Flynn, pled guilty to lying to the FBI and cooperated with the government. He cooperated ostensibly to earn a “substantial assistance letter” and downward departure motion, which is filed by the government on a defendant’s behalf to seek a sentence below the advisory U.S. Sentencing Guidelines’ range, in this case 0 – 6 months.

By Robert G. Stahl, Esq.|2024-09-17T15:21:02-04:00December 18th, 2018|Categories: Sentencing|0 Comments

You’re Charged with a Crime, and the Prosecutor Wants to Forfeit Your Car, Cash or Home

Police and prosecutors around the country routinely seize and forfeit cars, boats, money, computers, guns and homes that were “used in, or facilitated, the criminal activity charged.” While many cases involve significant crimes and the forfeitures are justified, too often the person is charged with fairly low-level drug sales and their car is seized if it was used to transport the drugs during the sales. The federal and state governments argue that forfeitures are simply part of the cost of the criminal’s conduct and work as a separate fine on the illegal activity. These fines and forfeitures are often used to supplement local and state budgets, including those of the very agencies that seized and forfeited the property.

By Robert G. Stahl, Esq.|2024-08-21T18:03:42-04:00December 11th, 2018|Categories: Asset Forfeiture, Search and Seizure|Tags: Drug Crimes|0 Comments

How the IRS Uses Artificial Intelligence to Detect Tax Evaders

Budget cuts and a significant drop in Special Agents that investigate criminal tax crimes has led the IRS to use Artificial Intelligence (AI) to uncover criminal tax activities. In a recent webcast hosted by the American Bar Association, the IRS revealed that research and investigative techniques that used to take weeks or months may now be accomplished in minutes with technology the IRS is rolling out to detect taxpayer noncompliance.

By Robert G. Stahl, Esq.|2024-08-09T12:07:40-04:00December 6th, 2018|Categories: Tax Fraud|Tags: Money Laundering, Tax Fraud|0 Comments

Cooperation in the Federal System – Paul Manafort, a Study of What Not to Do

Much has been written about Paul Manafort’s conviction at his first trial, the potential decades long sentence, and his sudden plea and cooperation deal shortly before his second trial was scheduled to begin. This sequence of events alone is unusual as most defendants decide to cooperate in an effort to reduce their potential sentence well-prior to trial. Moreover, most federal prosecutors do not want to cooperate with a defendant who has contested charges, gone to trial and lost. Most unusual, and damaging to Manafort, is his apparent violation or beach of the cooperation agreement by his alleged lies to the government.

By Robert G. Stahl, Esq.|2024-08-19T19:32:29-04:00November 28th, 2018|Categories: Plea Bargaining|0 Comments

What to Do When the SEC and the U.S. Attorney’s Office are Investigating You

The U.S. Securities and Exchange Commission (SEC) operates from its headquarters in Washington, D.C. and has 11 regional offices. It’s Division of Enforcement investigates cases and recommends to the Commission cases to be brought against individuals and entities. Investigations can begin through whistleblowers, news articles, referrals from other agencies, complaints from the public or data derived from market surveillance.

By Robert G. Stahl, Esq.|2024-08-20T10:27:03-04:00November 1st, 2018|Categories: Criminal Investigation, Securities Fraud|Tags: Criminal Investigation|0 Comments

What Do You Do After Being Served With a Grand Jury Subpoena

A federal or state agent or detective knocks on your door at 6 a.m. and serves you with a grand jury subpoena for documents and/or testimony. Do you simply gather the documents requested and send them to the U.S. Attorney’s Office or the County Prosecutor’s Office, or do you retain experienced criminal defense counsel? If the subpoena requires testimony, what rights do you have?

By Robert G. Stahl, Esq.|2024-08-15T13:47:09-04:00October 17th, 2018|Categories: Criminal Investigation, Grand Jury Investigation|Tags: Criminal Investigation|0 Comments