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criminal-investigation Archives

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

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

Google Tracking of Cellphones Used in Criminal Investigations

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, cellphone, GPS on Wednesday, April 17, 2019

I have written a number of times about modern technology being used in criminal investigations, from cellphone towers tracking our phones, to Alexa and other smart home devices used to record internet searches and conversations, to security cameras used to spy on their homeowners. Recently, the New York Times and other media outlets reported that Google has the ability to track which cellphones are in the area of a crime scene at a particular time. Once law enforcement narrows down which phones they are interested in, they obtain a warrant for the particular cellphone owner’s information.

Tags: Criminal Investigation, cellphone, GPS

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

What to Do When the SEC and the U.S. Attorney’s Office are Investigating You

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Federal Investigation, Prosecution, Subpoena, SEC, Securities Exchange Commission on Thursday, November 1, 2018

The U.S. Securities and Exchange Commission (SEC) operates from its headquarters in Washington, D.C. and has 11 regional offices. It’s Division of Enforcement investigates cases and recommends to the Commission cases to be brought against individuals and entities. Investigations can begin through whistleblowers, news articles, referrals from other agencies, complaints from the public or data derived from market surveillance.

Tags: Criminal Investigation, Federal Investigation, Prosecution, Subpoena, SEC, Securities Exchange Commission

What Do You Do After Being Served With a Grand Jury Subpoena

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Witness, Grand Jury, Federal Investigation, Prosecution, Subpoena on Wednesday, October 17, 2018

A federal or state agent or detective knocks on your door at 6 a.m. and serves you with a grand jury subpoena for documents and/or testimony. Do you simply gather the documents requested and send them to the U.S. Attorney’s Office or the County Prosecutor’s Office, or do you retain experienced criminal defense counsel? If the subpoena requires testimony, what rights do you have?

Tags: Criminal Investigation, Witness, Grand Jury, Federal Investigation, Prosecution, Subpoena

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

Use of Informants or “Spies” in Criminal Investigations

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation on Friday, May 25, 2018

Headlines and tweets coming out of Washington have put a spotlight on law enforcement’s use of informants, now known in federal parlance as “confidential human sources” or CHS. Putting aside the political theater and self-serving spin of the “criminal deep state” and the planting of spies, how are informants used in every day investigations?

Using human sources (informants) to collect information is common throughout municipal, state and federal investigations. Informants are either individuals who have been charged with their own crimes and have agreed to cooperate in the hopes for reduced charges or sentence based upon that cooperation, or are people who are paid for their information and access to criminal groups or activities. The use of confidential human sources is expressly encouraged by the guidelines that cover the FBI’s behavior.

Tags: Criminal Investigation

What To Do If Your Teenager is Stopped With Drugs in the Car?

By Andrew Olesnycky Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Motor Vehicle Stop, Marijuana, Controlled Dangerous Substance on Tuesday, May 15, 2018

While most people consider themselves unlikely to become the subject of a police investigation, there is one common situation in which ordinary citizens fall under police scrutiny: the traffic stop. Police officers are trained to search for evidence of illegal activity every time they pull over a driver, whatever the reason for the stop. While the consequences for speeding, failure to maintain lane, careless driving or Driving Under the Influence (DUI) can be bad enough – carrying the possibility of loss of driving privileges, assessment of motor vehicle points and higher insurance rates – things become far more serious if the police search for and find illegal drugs in a car.  Teenagers and young adults – who are presumed by police to be more likely to be in possession of illegal recreational drugs – are often the targets of such searches late at night, while driving to and from wherever it is that teenagers actually disappear to when they leave the house to “hang out with friends.”  

Tags: Criminal Investigation, Motor Vehicle Stop, Marijuana, Controlled Dangerous Substance

Why Defendants Cooperate or “Flip”

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Investigation, Plea Agreement, Federal Investigation on Tuesday, April 24, 2018

President Trump tweeted that Michael Cohen, his former lawyer and “fixer”, won’t flip on him. Putting aside for the moment why the President would say this if Cohen didn’t have incriminating evidence against him - because one could only “flip” on someone if they did - let’s examine why people charged with crimes cooperate with law enforcement.

Tags: Criminal Investigation, Plea Agreement, Federal Investigation

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