Criminal Defense Law Blog

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

NJ Reverses Order Requiring Written Oral Defense Witness Statements

On May 2, 2017, the New Jersey Supreme Court beat back an attempt by prosecutors and a lower court judge to require a defendant to create and turn over evidence prior to trial over the defendant’s objection that doing so violated his right to remain silent. In State v. Tier, the Supreme Court clarified an issue that often causes a great deal of argument in the days leading up to criminal trials: the extent to which and in what form a defendant must provide the State with statements by witnesses who are expected to testify for the defense. In ruling for the defense, the Supreme Court provided criminal defendants with a valuable precedential opinion by which to combat overly-aggressive attempts by the State to shift the burden onto the defendant to produce evidence before trial.

By Andrew Olesnycky, Esq.|2024-08-18T17:45:52-04:00May 3rd, 2017|Categories: Criminal Discovery, Criminal Trial, Discovery, Pre-Trial Procedures|0 Comments

Wearable Technology Used in Criminal Investigations to Solve Crimes

Technology has advanced the ease and quality of life immeasurably. Smart phones are handheld computers that can surf the internet; deliver emails, texts and phone calls; take videos and pictures; make dinner reservations and track your every movement through various apps. Our cars can almost drive themselves with lane change warnings; infrared cameras; heads-up displays, cruise control with radar; event data recorders that record speed, braking and seatbelt use; and GPS tracking in case the car is stolen. Home security cameras, Amazon Echo, smart TV, smart appliances and the like can all be controlled remotely through the internet. A variety of devices that are small and comfortable enough to wear, such as Fitbits, iWatches and the like can track our movements, heart rates, calories burned, number of steps and location.

By Robert G. Stahl, Esq.|2024-08-15T22:42:47-04:00April 26th, 2017|Categories: Criminal Investigation, Criminal Trial, Discovery, Grand Jury Investigation, Search Warrants|Tags: Criminal Defense|0 Comments

Andrew Olesnycky to Speak on Domestic Violence CLE Panel

On Wednesday, May 10th, 2017, The Bar Foundation of Union County will be hosting a continuing legal education course entitled “Domestic Violence: Statute and Case Law Update.” Andrew Olesnycky will be speaking during this CLE with active sitting judges in Union County, as well as other professionals. The event will be held at the Garlic Rose Bistro at 28 North Ave. West in Cranford, New Jersey, with the seminar and appetizers happening from 4:45 p.m. – 6:45 p.m. and dinner being served at 6:45 p.m.

By Andrew Olesnycky, Esq.|2024-08-18T13:28:47-04:00April 26th, 2017|Categories: Criminal Defense Law Firm News|0 Comments

What are Your Rights When You are Stopped by the Police?

You are driving on the roads of New Jersey, paying attention to the speed limit, road conditions, and other drivers, when you glance in your rearview mirror and see the flashing strobe lights of a police car. You carefully reduce speed and pull to the side of the road to let the officer pass, but you realize he is pulling you over. What do you do, and what are your rights?

By Robert G. Stahl, Esq.|2024-08-15T22:33:15-04:00April 14th, 2017|Categories: Drug Crimes/Trafficking, DWI, Police|Tags: Drug Crimes|0 Comments