Federal Asset Forfeiture
March 7, 2022
Federal law permits the government to seize and take ownership, or “forfeit," any real or personal property that it can connect with a federal crime. In cases not involving controlled substances, such as cases involving fraud, the government must prove that the property was involved in an illegal transaction, or traceable to such illegal transaction. […]
Bonds in Federal Criminal Cases
March 7, 2022
The two issues that a federal court considers in its determination of whether to release a defendant on bond pending trial are whether he or he poses a serious risk of flight, or a danger (including physical and financial harm) to any other person or the community. The Process The arresting agency must take the […]
Federal Investigations: Are You the Subject or a Target?
February 7, 2022
The federal government considers persons who are involved in criminal investigations to be either a subject or a target. A subject is a person whose conduct is within the scope of the investigation, but whom the government hasn’t yet determined has committed a crime. A target is a person against whom the government already has obtained substantial evidence linking him or her to a crime, and who the government already has […]
What to Know About Sentencing Hearings in Criminal Cases
November 23, 2021
If you find yourself charged with a crime, you may picture court as the tense back and forth of witness testimony and cross-examination. This may be a part of it, but your fate will ultimately be determined at a sentencing hearing. This is depicted less often in the media, so you may not know what […]
Should I Willingly Give My Phone to Police in an Investigation?
November 21, 2021
Our cell phones are more than simple devices--they house most of our personal information, conversations, and sometimes revealing data. Many people would be lost without their phones on a daily basis. So what happens if the police want your phone during an investigation? With a warrant, they can take your devices whether you’re willing or […]
Your Constitutional Rights as a Criminal Defendant
November 18, 2021
In the United States, everyone involved in a criminal trial has a set of rights that must be honored throughout the entire process. This includes criminal defendants, even those accused of extremely vicious crimes. The principle of innocent until proven guilty means that, until a conviction takes place, these defendants have all the rights of […]
What Is the Difference Between a Felony and a Misdemeanor?
November 15, 2021
Any time you are charged with a crime, there are serious consequences to consider. Depending on the exact scenario, you could be facing fines, jail time, and other punishment, as well as a permanent criminal record. However, the details of your charge can make a huge difference in the severity of these punishments, particularly whether […]