In some situations, federal charges of conveying false information can be filed by a prosecutor, which carries harsh penalties if convicted. This federal statute covers a bomb hoax. 18 U.S. Code 35 imposes civil and criminal felony penalties for conveying false information regarding attempts or alleged attempts to...
A “coerced” confession usually means it was an involuntary confession resulting from overzealous federal law enforcement agents rather than someone’s free will that comes from overbearing police conduct rather than a suspect’s free will. In other words, the confession resulted from persuasion, duress, pressure...
The crime of “treason” essentially means to betray your country, but it’s much more complex than that, as there are numerous closely related legal definitions, activities, and federal offenses. Let’s start with the description of treason in Article 3, Section 3 of the United States Constitution, which says, “Treason...
A suspicious activity report (SAR) is vital for combatting financial crimes. Under the Bank Secrecy Act (BSA), financial institutions must assist United States government agencies in detecting and preventing money laundering and keep records of cash purchases of negotiable instruments. Further, they must...
The legal authority of a federal court to hold an individual or a corporate entity in contempt of court is a vital tool designed to maintain order in the courtroom and ensure the administration of justice. Further, the threat of contempt of court helps a federal judge regulate aggressive or uncooperative defense...
Many people don’t realize there are still some places in the United States where alcohol sales are prohibited by law, commonly known as a "dry county." The statutes prohibiting liquor trafficking are found in 18 U.S. Code Chapter 59. Suppose you transport alcohol without a license across state lines into a restricted....
The crime of piracy is essentially an international crime because it occurs throughout many different nations. The United States government has created specific laws to deal with the severe offense of piracy and privateering. These federal statutes are defined within 18 U.S.C. Chapter 81. Piracy is uncommon...
More and more prosecutors are coming to life on these federal drug cases, especially now that the pandemic has lifted. Federal law enforcement agencies, such as the Federal Bureau of Investigation, Homeland Security, and the Drug Enforcement Agency, are targeting those individuals moving drugs...
RICO is a federal statute known as the Racketeering Influenced and Corrupt Organizations. It’s part of the Organized Crime Control Act of 1970. Racketeering is a federal crime under 18 U.S.C. § 1961, not just a single event. Instead, it usually appears in the environment of organized crime–gangs, gambling rings...
You've come to the right place if you’re charged with a federal criminal case and need help. I think one of the first things you want to start thinking about is whether or not you can defend your case from the outside. In other words, whether the case is at the prefiling stage or whether a case has already...
If you are facing a drug charge in a federal criminal court, It’s essential to understand the best defense strategies for fighting the case. Believe it or not, most cases filed in federal court at the criminal level are drug cases. They certainly file other charges, but for whatever reason, they’ve decided they will...
People often ask how attorneys decide how much to charge in a federal criminal case. I can only speak from my experience, having defended people in federal criminal cases for the past 30 years. Of course, I’ve also heard what other lawyers charge, so I have an idea of what my competition charges...
When somebody is searching for an attorney because they have an individual – whether it be their family member, acquaintance, friend – whatever the case may be – maybe it’s their significant other – has been arrested for a federal criminal case. They’re trying to figure out how to get them out of custody...
People who have been arrested and are being charged with a federal case or even their loved ones who are searching for an attorney because their loved one is in custody and can’t search for their attorney, start to try to figure out how do I select for my federal criminal defense attorney? Because it’s...
This is an important question and what it means is when a judge looks at the federal sentencing guidelines in determining what they are going to sentence a criminal defendant to, do they have to go along with precisely what the guidelines say, or can they go outside the guidelines? The answer is that...
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 t...
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 ...
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 m...
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. ...
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. Sometime...
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...
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 ...
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 p...
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 mo...
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....
Hedding Law Firm is committed to answering your questions about Federal Criminal Defense issues in Los Angeles and Encino California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.