Newly sworn in Manhattan District Attorney Alvin Bragg issued new policies and procedures to his staff that substantially altered existing office policy in prosecuting criminal cases. The new directive defers certain prosecutions for lower-level offenses, reduces certain felony offenses, prohibits seeking life in prison without parole, and prohibits seeking bail except in limited violent offenses.
Each new administration, through its Attorney General, set policy as to the Department of Justice’s enforcement priorities. As the Assistant Attorney General in charge of the Criminal Division, Kenneth Polite recently outlined those priorities. In general, those areas include foreign corruption, computer crimes and money laundering. Polite announced that his office will be unveiling a [...]
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.
While most people would say that you should retain a criminal defense lawyer once you are charged with a state or federal crime, the answer is not that straightforward. In many instances, an individual or company will learn that there is an active, pending investigation into their activities. They might be contacted by law enforcement for an interview; they might be served with a grand jury subpoena for documents and/or testimony; they might learn that business associates and customers have been interviewed by law enforcement; they might receive a “target letter” from the U.S. Attorney’s Office; or they might be tipped off by their friendly banker that their financial records have been subpoenaed.
Laura K. Gasiorowski Invited to Instruct Lawyers on Immigration Law and Criminal Acts at New Jersey Institute for Continuing Legal Education
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.
When someone is facing criminal charges they usually worry about the effects on family, reputation and their freedom. And while one’s freedom is of primary importance, there are also serious collateral consequences from a guilty plea or conviction. The loss of voting rights, inability to own firearms, loss or suspension of professional licenses and freedom of movement are some of the long-lasting effects of a criminal record.
In the federal system, a person may be charged and arrested by way of a complaint or indictment. A complaint is a written statement of essential facts establishing the offense charged made under oath by the agent before a magistrate-judge. Based upon the complaint, an arrest warrant may be issued upon the establishment of probable cause to believe that an offense has been committed and that the defendant committed it. The warrant must list the defendant’s name, or description by which he can be identified, the offense charged, command that the defendant be brought without unnecessary delay before a magistrate-judge and be signed by the judge.
If there is one thing that the federal government does well, it is making things big. And if you run afoul of a federal prosecution, you may discover the big resources that those prosecutors can line up against you along with the big consequences you may face if they are successful in their efforts to convict you.
The U.S. Department of Justice is a perfect example of how the federal government does things big. It has a massive budget, multiple agencies, thousands of agents and hundreds of prosecutors. Especially if you find yourself facing them alone, the intimidation effect can be formidable. They know this and count on it.
Even if you think you did nothing wrong, you still might find yourself running afoul of the federal government. Common situations that could put you in jeopardy include:
- You thought that you were taking a creative tax deduction, but the IRS accuses you of tax fraud
- You thought you are acting on a hot stock tip, but the FBI charges you with securities fraud and insider trading
- You thought you had a minor accounting problem, but the FBI is accusing you of embezzlement, and the IRS is accusing you of tax evasion
- You call it a mistake, but the prosecutor is calling it a white-collar crime punishable by a prison sentence measured in double digits and fines so huge that you could lose everything and still not pay them all.
When the federal government accuses you of a crime, there is no doubt that you need an attorney. But not just any attorney will do. Criminal defense attorneys who represent shoplifters, deadbeat parents, and traffic violators might be no match for the vast apparatus that the Justice Department can unleash against you.
If these lawyers aren't already experienced in federal criminal defense, the consequences for you of being their "learning-experience" can be disastrous.
What distinguishes the New Jersey law offices of Robert G Stahl is precisely this level of extensive and relevant experience in dealing with the federal government. Our attorneys have combined decades of experience defending people like you against federal and state felony accusations from pretrial negotiation through litigation and appeals. They know their adversaries and are not intimidated by them. These distinctions can make all the difference in avoiding charges, mitigating them and defending against them.
Visit our website to learn more about the difference we can make for you, and how to set up an initial appointment.
Goldman Sachs (NYSE: GE) recently agreed to a $5.6 billion dollar settlement for its role in bundling subprime mortgages for sale to investors without disclosing that the mortgages had an unusually high percentage of credit and compliance issues. In doing so, it joins a number of other high profile banks who have admitted wrongdoing with regard to their roles in the mortgage frenzy that led up to the financial crisis in 2008.
The stages of a criminal case as it proceeds through the legal system can be confusing for individuals who find themselves on the wrong end of legal charges for the first time. Though popular media has no shortage of stories set within the criminal justice system, these fictional depictions often leave out important details. When a substantial portion of your personal and professional future hangs in the balance, it's critical to have a complete and accurate understanding of the steps through which your criminal case will proceed.