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ICE Detention Cannot Be Used to Keep Defendants in Jail After Being Granted Bail in Criminal Case

By Laura K. Gasiorowski Esq., NJ & NY Criminal Defense Lawyer posted in Federal Crimes, DEA, Criminal Investigation, Detention Hearings, Federal Law Enforcement, Immigration, Criminal Law, Federal Investigation on Thursday, January 18, 2018

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.

Tags: Federal Crimes, DEA, Criminal Investigation, Detention Hearings, Federal Law Enforcement, Immigration, Criminal Law, Federal Investigation

What to Do When FBI Agents Come Knocking

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, DEA, FBI, Investigation, Target Letters on Wednesday, November 16, 2016

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials.  They say they are Special Agents with the FBI and would like to talk with you for just a few minutes about something important.  They ask if they could come in to speak with you privately.  Caught off-guard, and not wanting them to think that you have anything to hide, you invite them in (and, of course, you don’t want your neighbors to see them talking to you on your front steps).  The agents are “friendly” and just have a few questions to get your input, your side of things.   You decide to talk to them, only for a few minutes, in the comfort of your own home or office.  At the end, they thank you for your time and hand you either a grand jury subpoena or a “target letter.”  They say that you should get an attorney, or if you can’t afford one, the court will arrange for an attorney for you.

Tags: Criminal Defense, DEA, FBI, Investigation, Target Letters

The War On Doctors

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Drug Crimes, Criminal Defense, Parallel Investigation, Federal Crimes, DEA, Medical Professionals on Monday, October 24, 2016

           There is an alarming trend towards aggressive investigations by state and federal authorities on physicians.  Whether it is by the state medical boards, DEA or federal or state prosecutors, doctors’ practices are subjected to heightened scrutiny.  While this may be traced to the war on drugs, recent deaths related to the abuse of prescription opioids, and the criticism the DEA has faced for its failure to develop measureable results in its enforcement efforts; the genesis is less important than the trend itself for those subjected to the harsh spotlight of scrutiny.

Tags: Drug Crimes, Criminal Defense, Parallel Investigation, Federal Crimes, DEA, Medical Professionals

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