Eastern District federal prosecutors are aggressively pursuing corruption on Long Island, as evidenced in the Manganos-Venditto political corruption trial. The trial is anticipated to last two months at the federal courthouse in Central Islip, New York. Among the 100 potential witnesses, the government's lead witness is Harendra Singh.
NY & NJ Criminal Defense Law Blog
In coverage on Gen. Michael Flynn options for withdrawing a guilty plea in the Robert Mueller investigation, Fox News reached out to Attorney Robert Stahl for insights on plea reversals. In Alex Pappas' Feb. 20, 2018 article, "Flynn urged by supporters to withdraw guilty plea as judge's actions raise eyebrows,", Robert Stahl was quoted as saying:
"Withdrawing a federal plea is extremely rare and very difficult."
"There are lots of factors that go into a decision to plead guilty … In Flynn's case, there are also the factors of other potential charges that were not pursued by the government in exchange for his plea entered."
I have written before about both the good advances in technology, and the negative consequences of some of those developments. Here are a few more methods high tech methods that law enforcement uses, and occasionally misuses, in its investigations.
Much has been written and tweeted about this past week concerning this topic. Politics aside for the moment, what does the government need to demonstrate to a court that a place should be searched, or a person’s phone calls should be intercepted?
New Jersey’s criminal harassment statute has long occupied the space in which the messiest family law disputes cross over into the realm of criminal law. Although there are indeed many legitimate cases of harassment that deserve punishment, in recent years New Jersey appellate courts increasingly had noted that the harassment statute too often criminalized “ordinary domestic contretemps” – i.e. the non-violent verbal sparring that accompanies the disintegration of a marriage or romantic relationship. In the view of the courts (and many frustrated family law and criminal attorneys), New Jersey’s harassment statute was too permissive in allowing an angry spouse or romantic partner to file criminal or civil domestic violence charges after being subjected to hurtful or vile insults, even where there had been no actual violence or threat of harm.
Facing serious criminal charges, or being told that you are a subject or target of a criminal investigation, can be extremely stressful and unnerving. It is common to feel overwhelmed and uncertain what to ask in your consultation with a criminal defense attorney. Below are some of the major questions a prospective client should ask the attorney.
I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and its progeny affirm that when the Executive Branch decides that it will defer removal and deportation in favor of first proceeding with a federal criminal prosecution, it is obligated to follow all applicable laws governing such prosecution, including, of course, the Bail Reform Act. Once the Secretary of Homeland Security opts for prosecution over deportation, and invokes the jurisdiction of the district court, that court has priority, and administrative deportation proceedings stall until and unless the criminal prosecution concludes or is dismissed. United States v. Blas, Crim. Action No. 13-378, 2013 WL 5317228, at *3 (S.D. Ala. Sept. 20, 2013). In United States v. Galitsa, 17 Cr. 324 (VEC), Judge Caproni followed the Trujillo-Alvarez reasoning, as did Judge Irizzary in United States v. Rosario Ventura, 17-cr-418, in the Eastern District of New York, holding that the Government must either release the defendant under the bond conditions set in the matter and proceed with prosecution, or dismiss the indictment and proceed with removal.
The police stop you for an alleged driving infraction – speeding, failure to stay in lane, tinted windows – and while talking with you the officer smells the odor of marijuana. The officer asks you to step out of the car, searches the car and finds drugs. You contact a criminal defense attorney to defend you and explore the possibility of a motion to suppress the search. If you are the driver of a personal vehicle or the owner, you have what is known as an expectation of privacy and “standing” to suppress the search. However, if you are a passenger of the vehicle, or the driver of a rental car that was rented by a friend or family member and you are not listed on the rental agreement, you may lack standing to challenge the search of the vehicle.
Press reports of late have revealed that former Army Lieutenant-General and National Security Advisor Michael Flynn and former Trump Foreign Policy Advisor George Papadopoulos pled guilty to making false statements to government agents. Federal statute, 18 U.S.C. § 1001, prohibits a person “in any matter within the jurisdiction of the executive, legislative, or judicial branch” of the federal government from “knowingly and willfully” (1) falsifying, concealing or covering up “by any trick, scheme, or device a material fact;” (2) making any materially “false, fictitious, or fraudulent statement or representation;” or (3) making or using “any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry …”.
Anxious clients flood immigration lawyers with concerns and questions, particularly in this new era of enforcement. Non-citizens facing criminal charges must be advised on possible immigration consequences of a conviction by their criminal attorneys. To prepare for these clients, New Jersey lawyers can attend the "Immigration Law and Criminal Acts: Insights" a NJICLE seminar moderated by Immigration attorney Harlan York, November 28, 2017 in Fairfield, New Jersey. Laura K. Gasiorowski, of counsel at Stahl Criminal Defense Lawyers, will be once again participating in this all day presentation, both as a speaker and panelist. Ms. Gasiorowski will be joined by other top immigration and criminal law attorneys, to address the complex and varied issues raised in the representation of non-citizens in immigration and criminal courts.