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criminal-defense Archives

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

Sexting, Revenge Porn, and Cyberbullying Can Result in Serious Criminal Penalties

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Cyber Crimes, Criminal Law on Tuesday, October 22, 2019

With our societal addiction to the internet, smartphones, and computers, today’s teens face growing exposure to new forms of harassment and bullying. These can sometimes lead to criminal charges for those engaging in this conduct, and potentially anxiety, depression and, suicidal thoughts for the recipients.

Tags: Criminal Defense, Criminal Investigation, Cyber Crimes, Criminal Law

The Importance of Pretrial Motions

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Discovery, Criminal Defense Process, Prosecution, Pretrial Motions on Monday, September 16, 2019

Whether you are in federal or state court, well-crafted pretrial motions are essential to a successful defense. Pretrial motions are requests by way of formal motion, which may ask for the court to compel the prosecutor to turn over evidence, to dismiss the indictment or certain counts, to exclude or limit certain evidence, or to prevent the prosecutor from making certain arguments to the jury, among other things. These types of motions may also raise discovery violations; challenge the admission of evidence from searches, electronic surveillance, identifications, and custodial interrogation; and/or challenge the sufficiency of grand jury proceedings.

Tags: Criminal Defense, Criminal Discovery, Criminal Defense Process, Prosecution, Pretrial Motions

Target Letters and Proffer Agreements

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Federal Crimes, Criminal Investigation, Criminal Defense Process, Criminal Law, Federal Investigation on Tuesday, May 7, 2019

We receive many calls over the course of the year from potential clients, telling us they received a “target letter” from the U.S. Attorney’s Office or State Attorney General’s Office and that they are considering whether to go to an interview with law enforcement under a “proffer agreement.”  

Tags: Criminal Defense, Federal Crimes, Criminal Investigation, Criminal Defense Process, Criminal Law, Federal Investigation

Plea Bargaining in the Federal System

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Federal Crimes, Criminal Law, Sentencing, Federal Investigation on Thursday, May 2, 2019

Recent statistics show that about 96% of the criminal cases in federal court are resolved through guilty pleas. The number of cases going to trial has dramatically decreased in the past ten years. Thus, today’s criminal defense attorneys must be adept at negotiating the best possible resolution for their clients that choose to plead guilty.

Tags: Criminal Defense, Federal Crimes, Criminal Law, Sentencing, Federal Investigation

Opioid Prosecutions of Doctors and Pharmacists

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Doctors, Criminal Investigation, Prescription Pills Abuse, Prescription Fraud, Healthcare Fraud, Pharmacists on Friday, January 25, 2019

The federal government has hired 300 additional prosecutors and created the Opioid Fraud and Abuse Detection Unit and the Joint Criminal Opioid Darknet Enforcement Team to investigate, uncover, and prosecute the prescribing and dispensing of opioids by healthcare professionals – doctors and pharmacists – as well as street-level sales of opioids and fentanyl. Since January 2018, over 200 doctors have been charged. 

Tags: Criminal Defense, Doctors, Criminal Investigation, Prescription Pills Abuse, Prescription Fraud, Healthcare Fraud, Pharmacists

Rapidly Expanding Use of Smart Devices to Solve Crimes

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment on Thursday, October 4, 2018

Over the past several months I have written about the increasing use of every day technology that automatically tracks our movements and records our conversations. Cellphones ping off cell towers that give the government access to our daily movements through information stored by carriers like Verizon, AT&T and Sprint. Alexa and other smart home devices can record our conversations and keep track of our search histories. Smart phone apps and Fitbits that track movement, heart rates and other physical activity can be used to track locations, times and other physical attributes that law enforcement can access to investigate a variety of crimes.

Tags: Criminal Defense, Criminal Investigation, Privacy, Spying, Search and Seizure, Fourth Amendment

The U.S. Supreme Court Slowly Enters the 21st Century

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Supreme Court, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights on Thursday, June 28, 2018

Tags: Criminal Defense, Supreme Court, cellphone, Search and Seizure, Cell tower, Fourth Amendment, Privacy Rights

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