Learn the Best Defenses Against Federal Rico Drug Crime Cases Related to Gang Activity
These RICO charges usually come related to gang activity and also drug actions and a basic syndicate of individuals who are linked together, typically through a gang affiliation.
So, these RICO charges are very effective for the government to be able to arrest an entire game whose involved in a criminal conspiracy to sell drugs, murder people, intimidate witnesses and a whole host of other factors and crimes that prosecutors charge in these cases.
Review of Type Of Client and Evidence in RICO Case
The way these cases have to be defended is, first and foremost, you have to look at who your client is as a criminal defense attorney. In other words, is your client at the top of the indictment?
Somebody who is really involved with the gang and the RICO activity, or is your client one of those people who are peripheral and not involved with the day to day operations and somebody who should not be facing life in prison or 10, 20 years mandatory minimum federal sentences.
So, once we determine what type of a client we have, the next thing we have to do in order to successfully defend a RICO criminal charge is to see what evidence the government has against the client.
That's what I do. I will look at the evidence, assess it all, I'll speak to the prosecutor about it and kind of get a good feel for what they think the client has done wrong.
Then of course, I'm going to talk to the client and we'll go over everything and decide whether they really have the evidence necessary in order to convict the person.
Plea Agreement and Negotiating the RICO Charges
If they do, the next thing we're going to talk about is the plea agreement and negotiating the case. If on the other hand, they don't have the evidence, we have to talk about trial and what it's going to take to beat the federal government in a RICO case.
A lot of these RICO cases will have a bunch of defendants, but in the end, it's just a handful of defendants who are the most senior and the ones most involved.
They are looking at the most time who don't want to swallow a 20, 30 or 40 year sentence, so they end up going to trial.
A lot of times the government in these RICO cases will use cooperators against them who are trying to lessen their sentence, so they're giving information against their fellow gang members, their fellow conspirators, who are charged in this RICO violation.
RICO Charges and Federal Sentencing
Another big thing you have to look at when you're talking about a RICO case at the federal level is sentencing. In other words, does your client really fit the mold of what the RICO statute was meant to punish and ferret out.
Are they part of a gang? Are they part of serious, violent behavior? Are the part of huge drug trafficking?
Or, are they someone who is tangential — small fish in a big pond — who really shouldn't be jammed into this RICO square and should be looked at individually?
A lot of times, that's what a good federal criminal defense attorney's argument is — to look at my client as an individual. See what they did. See what their background looks like.
On the other hand, sometimes we're fighting the case. We're saying, they don't have the evidence. What have they shown my client has done? What have they shown my client has known?
So, these are some of the important things we have to take into consideration.
Contact the Hedding Law Firm If Charged with a RICO Cases
I've been doing this now for 26 years handling federal cases. I know what it takes to win. I know what it takes to negotiate.
Pick up the phone. Ask to speak to Ron Hedding. If you're a family member of somebody who's charged with one of these RICO crimes, you've come to the right place.
Take the next step in getting your family member the help that they need.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0994.