Criminal Investigation Archives

Use of Informants or “Spies” in Criminal Investigations

Headlines and tweets coming out of Washington have put a spotlight on law enforcement’s use of informants, now known in federal parlance as “confidential human sources” or CHS. Putting aside the political theater and self-serving spin of the “criminal deep state” and the planting of spies, how are informants used in every day investigations?

Using human sources (informants) to collect information is common throughout municipal, state and federal investigations. Informants are either individuals who have been charged with their own crimes and have agreed to cooperate in the hopes for reduced charges or sentence based upon that cooperation, or are people who are paid for their information and access to criminal groups or activities. The use of confidential human sources is expressly encouraged by the guidelines that cover the FBI’s behavior.

By Robert G. Stahl, Esq.|2022-06-08T21:16:49-04:00May 25th, 2018|Criminal Investigation, Search Warrants|0 Comments

What To Do If Your Teenager is Stopped With Drugs in the Car?

While most people consider themselves unlikely to become the subject of a police investigation, there is one common situation in which ordinary citizens fall under police scrutiny: the traffic stop. Police officers are trained to search for evidence of illegal activity every time they pull over a driver, whatever the reason for the stop. While the consequences for speeding, failure to maintain lane, careless driving or Driving Under the Influence (DUI) can be bad enough – carrying the possibility of loss of driving privileges, assessment of motor vehicle points and higher insurance rates – things become far more serious if the police search for and find illegal drugs in a car. Teenagers and young adults – who are presumed by police to be more likely to be in possession of illegal recreational drugs – are often the targets of such searches late at night, while driving to and from wherever it is that teenagers actually disappear to when they leave the house to “hang out with friends.”

By Andrew Olesnycky, Esq.|2023-10-02T19:24:17-04:00May 15th, 2018|Criminal Investigation, Drug Crimes/Trafficking|0 Comments

Why Defendants Cooperate or “Flip”

President Trump tweeted that Michael Cohen, his former lawyer and “fixer”, won’t flip on him. Putting aside for the moment why the President would say this if Cohen didn’t have incriminating evidence against him - because one could only “flip” on someone if they did - let’s examine why people charged with crimes cooperate with law enforcement.

By Robert G. Stahl, Esq.|2023-10-02T16:59:23-04:00April 24th, 2018|Criminal Investigation, Plea Bargaining|0 Comments

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

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

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.|2022-06-08T21:05:53-04:00July 13th, 2017|Plea Bargaining|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

Why Police Worn Body Cameras Need to Become the Norm

Violent police encounters and police officer involved shootings have dominated the national press for some time. Such encounters have led to mass protests; much-needed examinations of police policies, procedures and training; and pleas for better relations between the police and the communities they serve. One result has been the call for body worn video cameras that record encounters between police and citizens in real time. While not perfect, these body worn cameras can provide valuable evidence of what transpired at a given moment during what may have been a high stress encounter.

By Robert G. Stahl, Esq.|2021-05-25T18:15:03-04:00March 15th, 2017|Criminal Investigation, Police|0 Comments

Are Your Electronic Devices Spying on You?

Between the President’s accusation that the prior President tapped his phones, and WikiLeaks recent exposure of alleged CIA hacking tools and techniques, much has been reported in recent days about the government’s ability to intercept and listen to our conversations over our cellphones; computers; smart home devices such as televisions and baby monitors; products such as Alexa and Amazon Echo; encrypted messaging apps such as Signal, WhatsApp and Telegram; and home security cameras and systems. All of these devices provide potential ways for the government and hackers to enter our seemingly private worlds and eavesdrop. The difference between the government and a hacker, however, is that the government must obtain a court authorized warrant to do so.

By Robert G. Stahl, Esq.|2023-10-02T17:06:47-04:00March 9th, 2017|Criminal Investigation, Privacy|0 Comments