Criminal Investigation Archives

When Should You Hire a Criminal Defense Attorney?

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.

By Robert G. Stahl, Esq.|2023-10-02T17:22:42-04:00March 28th, 2018|Criminal Charges, Criminal Investigation|0 Comments

Modern Technology Used in the Investigation of Crime

I have written before about both the good advances in technology, and the negative consequences of some of those developments. Here are a few more methods high tech methods that law enforcement uses, and occasionally misuses, in its investigations.

By Robert G. Stahl, Esq.|2022-06-08T21:30:04-04:00February 7th, 2018|Criminal Discovery, Criminal Investigation|0 Comments

Warrant to Search Places or To Electronically Intercept Communications – What’s Required?

Much has been written and tweeted about this past week concerning this topic. Politics aside for the moment, what does the government need to demonstrate to a court that a place should be searched, or a person’s phone calls should be intercepted?

By Robert G. Stahl, Esq.|2023-10-02T19:20:01-04:00February 5th, 2018|Criminal Investigation, Privacy, Search and Seizure|0 Comments

What You Should Ask an Attorney in the First Consultation

Facing serious criminal charges, or being told that you are a subject or target of a criminal investigation, can be extremely stressful and unnerving. It is common to feel overwhelmed and uncertain what to ask in your consultation with a criminal defense attorney. Below are some of the major questions a prospective client should ask the attorney.

By Robert G. Stahl, Esq.|2023-10-02T17:15:41-04:00January 26th, 2018|Criminal Investigation|0 Comments

ICE Detention Cannot Be Used to Keep Defendants in Jail After Being Granted Bail in Criminal Case

I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and its progeny affirm that when the Executive Branch decides that it will defer removal and deportation in favor of first proceeding with a federal criminal prosecution, it is obligated to follow all applicable laws governing such prosecution, including, of course, the Bail Reform Act.

By Laura K. Gasiorowski, Esq.|2023-09-29T19:08:57-04:00January 18th, 2018|Bail, Criminal Investigation|0 Comments

Search and Seizure – Motor Vehicles

The police stop you for an alleged driving infraction – speeding, failure to stay in lane, tinted windows – and while talking with you the officer smells the odor of marijuana. The officer asks you to step out of the car, searches the car and finds drugs. You contact a criminal defense attorney to defend you and explore the possibility of a motion to suppress the search. If you are the driver of a personal vehicle or the owner, you have what is known as an expectation of privacy and “standing” to suppress the search. However, if you are a passenger of the vehicle, or the driver of a rental car that was rented by a friend or family member and you are not listed on the rental agreement, you may lack standing to challenge the search of the vehicle.

By Robert G. Stahl, Esq.|2021-05-25T18:14:31-04:00January 11th, 2018|Criminal Discovery, Criminal Investigation, Search and Seizure|0 Comments

Lying to a Federal Agent Can Mean Jail

Press reports of late have revealed that former Army Lieutenant-General and National Security Advisor Michael Flynn and former Trump Foreign Policy Advisor George Papadopoulos pled guilty to making false statements to government agents. Federal statute, 18 U.S.C. § 1001, prohibits a person “in any matter within the jurisdiction of the executive, legislative, or judicial branch” of the federal government from “knowingly and willfully” (1) falsifying, concealing or covering up “by any trick, scheme, or device a material fact;” (2) making any materially “false, fictitious, or fraudulent statement or representation;” or (3) making or using “any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry …”.

By Robert G. Stahl, Esq.|2023-10-02T17:11:57-04:00December 6th, 2017|Criminal Investigation, Police|0 Comments

Alexa, Siri, Cortana – Are you Recording Me?

With the advent of “smart homes and devices,” we are now in a world once only imagined in science fiction. Our phones now track our every move, contain our internet search histories and record vast portions of our lives through photos, texts, and encrypted messages. Home security devices and cameras record not only strangers coming to your home, but also you and your invited guests. Baby monitors, smart kitchen devices like refrigerators, and home devices like Amazon’s Echo, are always on and potentially recording or transmitting. And therein lies the problem. Anything attached to the internet – the Internet of Things – can be hacked, intercepted or legitimately recorded. Since these devices are in the privacy of our own homes or businesses, they have the ability to capture our most intimate and private conversations and actions.

By Robert G. Stahl, Esq.|2022-06-08T20:56:47-04:00October 18th, 2017|Criminal Investigation|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.|2022-06-08T21:30:35-04:00June 6th, 2017|Criminal Investigation|0 Comments