Criminal Defense Law Blog

Bail – Pre-Trial Release in the Federal System

When an individual is charged with a federal crime, whether by Complaint or Indictment, they are entitled to a Bail Hearing under Title 18 U.S.C. Section 3141 et seq. Under the relevant statute, a person may be released on a personal recognizance bond or unsecured appearance bond; on a condition or combination of conditions; or detained. The standard for the court is whether the person will appear for all proceedings and not be a danger to the community.

By Robert G. Stahl, Esq.|2024-08-21T11:46:31-04:00October 6th, 2017|Categories: Bail|0 Comments

When An Attorney’s Advice About the “Risk” of Immigration Consequences May Constitute Ineffective Assistance of Counsel

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.

By Laura K. Gasiorowski, Esq.|2024-08-12T11:38:35-04:00September 25th, 2017|Categories: Felony, Sentencing|Tags: Guilty Plea|0 Comments

Legal Peer Recognition and an A+ Better Business Bureau Rating

Criminal Defense Attorney Robert G. Stahl, founder of the New Jersey / New York Robert G. Stahl Esq. Criminal Defense Lawyers, has been recognized consistently by legal peers for professionalism over many consecutive years. Now, for potential clients his firm has an A+ rating from the Better Business Bureau of New Jersey ("BBB").

By Robert G. Stahl, Esq.|2024-08-20T10:11:31-04:00July 25th, 2017|Categories: Criminal Defense Law Firm News|0 Comments

Cooperating Plea Agreement in Federal Criminal Cases

Just the other day, "Bridgegate" cooperator and former Port Authority of New York and New Jersey official David Wildstein, was sentenced in federal court to probation. The two defendants that he cooperated against were sentenced to 24 months and 19 months in federal prison. Despite the fact that Wildstein pled guilty to two counts of conspiracy for his role in the offense, and faced several years in prison, the sentencing judge granted the government’s downward departure motion for a much more lenient sentence – in this case probation.

By Robert G. Stahl, Esq.|2024-08-16T11:11:16-04:00July 13th, 2017|Categories: Plea Bargaining|Tags: Criminal Defense, Criminal Investigation, Federal Crimes|0 Comments

Government Prosecutions of Compounded Drugs Schemes

In the past several years, the federal government has focused investigative and enforcement resources on pharmacies that compound drugs, and the marketers, doctors and pharmacists involved. Criminal and civil actions have been brought for violations based on statutes prohibiting kickbacks, fraud and false claims. A compounded drug is one that is supposed to be tailored to a particular patient’s needs. These compounds are legitimately prescribed and used by very young or older patients that have difficulty swallowing pills, patients that cannot tolerate dyes used in pills or patients with certain allergies. Most are topical creams for pain or scars, or specialized vitamins. While these compounded drugs are not approved by the Food and Drug Administration (FDA), they are subject to regulation and enforcement actions by a variety of state and federal agencies.

By Robert G. Stahl, Esq.|2024-08-15T22:47:07-04:00June 15th, 2017|Categories: Drug Crimes/Trafficking|Tags: Drug Crimes|0 Comments

Target, Subject or Person of Interest

Every day we are bombarded with news about the ever-expanding investigation into the President and the alleged Russian connection to his staff. The news media has been filled with headlines and postings about people who are labeled a “person of interest,” a “subject,” a “target” or a “witness”. Do these terms have specific meanings to federal law enforcement? Yes and no. In the federal system, the term “person of interest” is not officially used. It’s use became widespread by some in law enforcement and the media back in 1996 during the Olympic Park bombing in Atlanta when it was announced that a security guard was a person of interest in the bombing. It euphemistically means that someone has suspicions about the person but not sufficient evidence. There are, however, very specific Department of Justice definitions for a target, subject or witness of an investigation.

By Robert G. Stahl, Esq.|2024-08-12T16:22:12-04:00June 6th, 2017|Categories: Criminal Investigation|Tags: Criminal Investigation, Investigation|0 Comments

What is a Plea Bargain or Plea Agreement?

A plea agreement is the negotiated resolution of a criminal case between the government and the defense when the client decides to plead guilty rather than fighting the charges at trial. The benefit of a plea agreement is that the plea is usually to a lower offense or a limited number of charges rather than to the most severe charge(s). In most instances, a defendant is rewarded in some fashion for pleading guilty rather than going to trial.

By Robert G. Stahl, Esq.|2024-08-15T14:01:22-04:00May 31st, 2017|Categories: Plea Bargaining|Tags: Federal Crimes|0 Comments

The Attorney General’s Directive to Go Back to Harsh Punishments

U.S. Attorney General Jeff Sessions recently issued a directive to all U.S. Attorney’s Offices to charge defendants with the most serious provable offenses that carry the most substantial sentences, including mandatory-minimum sentences. This directive is a shift back to prior years where the “war on drugs” and other initiatives were designed to reduce crime and incarcerate – warehouse for extended periods - defendants for the longest possible terms.

By Robert G. Stahl, Esq.|2024-08-07T22:24:23-04:00May 17th, 2017|Categories: Sentencing|Tags: Criminal Defense, Drug Crimes|0 Comments

Murder Charges in Hasidic Divorce Case – Defense by Robert Stahl, Esq.

Esther begged Joseph for a Hasidic divorce but got nowhere. Then a rabbi stepped in to solve her problem, permanently. His lawyers claim the FBI set him up.

By Robert G. Stahl, Esq.|2024-08-18T17:28:31-04:00May 16th, 2017|Categories: Significant Criminal Defense Cases|0 Comments