Author Archives for RonH

What Are the Rules on Searching Cars in a Federal Case?

August 16, 2022 1:18 pm Published by Leave your thoughts

This issue comes up all the time where someone’s car is being searched, and then the police or agents find something illegal, and then they’re charged at the federal level, and that person is saying, I don’t understand how or why the police/feds can search my car. A lot of times, what I see is that it’s not the feds that are searching the car.  The feds are investigating it or brought into the investigation post-search. So, now, the person said the police illegally stopped me, or the police illegally searched me, and I don’t think the federal government should...


What is a Motion for Reconsideration of Bail in Federal Court?

June 15, 2022 12:56 pm Published by Leave your thoughts

Let’s review a motion for reconsideration of bail if you’ve been detained in a federal criminal case.  If someone makes their initial appearance in front of a magistrate judge in a federal criminal court and the government argues that the judge should detain that person, and the judge agrees and detains the person, all is not lost. There is still a possibility to file a motion for reconsideration with that judge, or a motion can be filed with the district judge assigned to the case. Depending on what type of evidence to be used for the motion of reconsideration of...


How Can the Safety Valve Help You in a Federal Criminal Case?

June 9, 2022 1:01 pm Published by Leave your thoughts

There are a lot of mandatory minimum crimes in federal law.  You’re mainly talking about the safety valve coming into play when you’re charged with a drug offense with a mandatory minimum sentence.  Let’s say, for example; you have more than 50 grams of methamphetamine.  That triggers a 10-year mandatory minimum sentence. What that means is, everything aside, if you get convicted in a jury trial, or you plead guilty to the charge of possessing a lot of methamphetamines, for example, then the judge must give you a sentence of at least ten years.  They could give you a higher sentence,...


Can Federal Agents Stop Someone During an Investigation?

April 19, 2022 1:18 pm Published by Leave your thoughts

We are sometimes asked if federal agents are allowed to stop somebody when they are conducting a criminal investigation? The answer to this question, in general, is no.  The feds nor the state can stop anybody for no reason whatsoever.  They’re going to have to have what’s called probable cause. They’re going to have to have some information that someone is doing something criminal.  It will have to be valid information. Otherwise, the stop can be illegal, and the evidence seized from the stop, whether drugs or any fraudulent activity, for example, can be suppressed and not used against the...


Does the Weight of Drugs Matter in a Criminal Prosecution?

March 4, 2022 2:37 pm Published by Leave your thoughts

In federal drug crimes, weight is huge because every drug has a specific weight that if you have that weight or greater, it can trigger a five or ten-year mandatory minimum in federal prison.  So, when you’re talking about that kind of number, you begin to realize that weight is crucial. Sometimes, a person will be caught with methamphetamine, for example, and look at a mandatory ten-year minimum because they have over 50 grams. The amount of methamphetamine is very close to that 50-gram marker. Suppose the person believes that they may have under 50 grams. In that case, it’s...


Wiretap Information in a Federal Drug Case

January 19, 2022 2:35 pm Published by Leave your thoughts

Many people charged with moving drugs end up being caught on a wiretap.  Sometimes their phone is tapped by the federal government; other times, someone else’s phone is tapped, and they end up speaking to that person and getting caught on the wire. To challenge a wire tape situation, your attorney would have to file a motion saying that the wiretap was illegally obtained. What ends up happening is a federal agent will go to a judge and ask them, based on information they have collected, to put a wiretap on your phone or someone else’s phone or a group...


Can I Get Out of Custody While My Federal Case is Pending?

December 30, 2021 2:38 pm Published by Leave your thoughts

Were you arrested for a federal criminal case? Is it possible to stay out of custody while your case proceeds through the court? This is a big question on many people’s minds because either they have been arrested or they’re thinking they’re going to get arrested or a family member and trying to figure out how to get their loved one out of custody. Some people who do know how bail works at the state level don’t realize it’s an entirely different scenario at the federal level. Most people are not familiar with the process where the United States Department...


Characteristics of the Best Federal Criminal Defense Attorneys

September 29, 2021 1:17 pm Published by Leave your thoughts

I’ve been doing this now for almost 30 years, handling matters at the federal level all over the country.  I think I have a pretty good feel for those attorneys who I would consider among the best. Of course, I am including myself in there, so a lot of the things I am touching upon, I believe I possess the superior skills as it relates to them. I think the first thing, believe it or not, is really getting a feel for your client, what their hopes are, how is life is set up and what it is going to...


Federal Sentencing for RICO Act Violations

June 9, 2021 1:57 pm Published by Leave your thoughts

Are You Looking at a Long Federal Prison Sentence if You’re Involved in a RICO Case? Organized crime in the United States is generally described as a criminal enterprise with members engaging in illegal activity for financial gain. The federal RICO Act was first used by prosecutors to go after mob leaders, but has evolved into a powerful tool against fraud, extortion, and drug cartels. The Organized Crime Control Act includes the Racketeering Influenced and Corrupt Organizations (RICO) law that allows prosecutors to file charges against the members within of the organization. Racketeering is a term used to describe members...


Seizure of Home Computers in a Child Pornography Investigation

May 25, 2021 1:59 pm Published by Leave your thoughts

What Should I Do After the Feds Search My Home and Take My Computers in a Child Pornography Investigation? If anyone is found possessing, producing, selling or distributing any material depicting a child under 18 in a sexual manner, they could face federal charges of child pornography under 18 U.S.C. § 2252. The subsections of 18 U.S.C. § 2252 describe different categories of conduct covered by the statute. For example, it’s a federal crime to knowingly transport child porn using interstate commerce, by computer or mail, visual depictions of a minor who is engaged in sexually explicit conduct. These subsections...