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NY & NJ Criminal Defense Law Blog

Coronavirus and Related-Fraud Prosecutions are on the Rise

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Fraud, Criminal Investigation, Criminal Law, Health Care Fraud, Healthcare Fraud, Coronavirus on Monday, March 30, 2020

The Department of Justice (DOJ) and various state agencies have announced that they will aggressively pursue fraudulent schemes related to COVID-19. On March 16, Attorney General William Barr directed all U.S. Attorney’s Offices to prioritize the detection, investigation, and prosecution of all criminal conduct related to the Coronavirus pandemic. Each office was directed to appoint a COVID-19 fraud coordinator to serve as the liaison between the local Department of Justice and their state and local counterparts.

Tags: Fraud, Criminal Investigation, Criminal Law, Health Care Fraud, Healthcare Fraud, Coronavirus

Coronavirus: What it Means for the Courts and Legal Representation

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Criminal Defense Process, Prosecution, Coronavirus on Wednesday, March 18, 2020

Many federal, state, and municipal courts have limited the number and types of cases they will be handling in the near term. Some have adjourned jury trials for several weeks and in some cases even months to see what happens after a period of isolation. Courts have summarily waived Speedy Trial Act rights and ordered continuances for a period of time. State courts in particular are promoting the use of video and teleconferencing in lieu of appearing in court. Municipal courts have adjourned court appearances for motor vehicle summonses and code violations. Detention has been waived in certain cases depending on the type of crime, the age of the offender, and other relevant factors.

Tags: Criminal Defense, Criminal Investigation, Criminal Defense Process, Prosecution, Coronavirus

Agencies are Selling Your Cell Phone Location Data to Law Enforcement

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Fourth Amendment, Cell Site Location Information on Monday, March 9, 2020

Despite the United States Supreme Court decision in Carpenter v. United States requiring law enforcement to obtain a court authorized warrant for historic and current cellphone location data, four main cellphone carriers have continued to sell real-time location data to a host of entities, including federal law enforcement agencies. The Federal Communications Commission (FCC) is proposing fines of up to $200 million against these carriers for the violations.

Tags: Criminal Defense, Criminal Investigation, Fourth Amendment, Cell Site Location Information

Agreeing to Meet: Target Proffers and Reverse Proffers

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Criminal Discovery, Criminal Law, Proffer on Tuesday, February 11, 2020

When a person is a target of a federal or state criminal investigation, they are often contacted − either directly if unrepresented or through counsel if represented − to attend either a proffer or a reverse proffer with the U.S. Attorney’s Office, State Attorney General’s Office, or County Prosecutor’s Office. 

Tags: Criminal Defense, Criminal Investigation, Criminal Discovery, Criminal Law, Proffer

Seeking Leniency: The Value of Persuasive Federal Sentencing Memos

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Sentencing on Monday, February 3, 2020

In many states, prosecutors and defense attorneys have the ability to sentence bargain, meaning that in addition to determining what charges the client agrees to plead to, they also agree to a specific sentence that the court must then accept or reject. In the very few cases where the court rejects the sentencing recommendation, the client is afforded the opportunity to withdraw the guilty plea or accept the sentence as determined by the court. The federal system is much different.

Tags: Sentencing

Federal Bail System: Released on Conditions or Detained Until Trial

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Federal Crimes, Bail Reform, Bail, Bail Hearing, Federal Investigation, Federal Criminal Trial on Wednesday, January 29, 2020

In the federal system, most people charged with non-violent offenses are released on conditions after their first appearance before a magistrate judge. Conditions of release are meant to reasonably assure the appearance of the defendant in court as required, as well as the safety of any other person or the community pursuant to 18 U.S.C. §3142(c). Conditions may be as simple as release on an unsecured appearance bond (meaning no property or money is posted); travel restricted to the continental United States; surrender of one’s passport; surrender of any firearms; and telephonic or in-person reporting to Pretrial Services. In certain serious cases, conditions of release could be very stringent, requiring home detention with electronic monitoring where the person is only allowed out of the home for pre-approved visits with their attorney or medical appointments; surrender of family members’ passports; the posting of real properties with substantial equity; and release of the defendant to third party custodians who are required to report any violations of the release conditions to the court.

Tags: Federal Crimes, Bail Reform, Bail, Bail Hearing, Federal Investigation, Federal Criminal Trial

Laura K. Gasiorowski to Teach at Tulane Law's Motion Bootcamp

By Laura K. Gasiorowski Esq., NJ & NY Criminal Defense Lawyer posted in Pre-Trial Procedures, Criminal Defense Law Firm News, Pretrial Motions on Monday, January 6, 2020

NEW ORLEANS – Laura K. Gasiorowski, Esq. of Robert G. Stahl Esq. Criminal Defense Lawyers is again teaching the Pre-Trial Motion Litigation Intersession Bootcamp at Tulane University’s School of Law January 6 – 13, 2020. The program provides second and third-year law students of the school with practical pre-trial motion litigation experience.

Tags: Pre-Trial Procedures, Criminal Defense Law Firm News, Pretrial Motions

Big Brother is Watching and Listening

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in cellphone, Criminal Law, Constitutional Law, Cell tower, Tracking, Cell Site Location Information on Friday, January 3, 2020

The world is now a much smaller and more surveilled place. Private companies that make our smart phones, home security systems, smart home systems, baby monitors, computers, E-Z Pass, real time traffic apps and many more internet-of-things devices track, record and store information about our personal lives. Law enforcement has access to much of this information, often without the need for a warrant. Furthermore, law enforcement has its own methods to track and record private citizens through wiretaps, license plate readers, surveillance cameras, mobile tracking devices, hidden recorders and many other devices and methods.

Tags: cellphone, Criminal Law, Constitutional Law, Cell tower, Tracking, Cell Site Location Information

Healthcare Fraud Still a Top Government Priority

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Health Care Fraud, Healthcare Fraud, Kickbacks, Anti-Kickback Act, Eliminating Kickbacks in Recovery Act on Monday, December 16, 2019

Investigating and prosecuting healthcare fraud remains one of the top priorities of the Department of Justice. Nationwide crackdowns and arrests have demonstrated that the government’s war on crime goes beyond drugs, guns, and gangs. While those are certainly a priority of DOJ and an easy way to boost prosecution numbers nationwide, they are by no means the only priority.

Tags: Health Care Fraud, Healthcare Fraud, Kickbacks, Anti-Kickback Act, Eliminating Kickbacks in Recovery Act

Body Worn Cameras: The Good and the Bad

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Policing, Cameras, Federal Law Enforcement, Police, Body-worn cameras, Law Enforcement on Thursday, December 5, 2019

Many police departments around the country use body worn cameras to capture officers’ interactions with citizens and suspects. When properly used, the footage from these encounters has proven helpful to prosecutors and defense attorneys, allowing both sides to examine one aspect of the encounter. When combined with eyewitness reports, police reports, footage from video cameras in the area and traditional evidence, a more complete understanding of the incident should be available. The growing popularity of body worn cameras has revealed, however, that the recordings can present a one-sided view, and are capable of being misused, misinterpreted, and tampered with.

Tags: Policing, Cameras, Federal Law Enforcement, Police, Body-worn cameras, Law Enforcement

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