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prosecution Archives

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

Government Prosecution of Bitcoin Purchases and Transfers

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Prosecution, Bitcoin, Financial Crimes Enforcement Network, Department of Justice, Virtual Currency on Monday, March 4, 2019

In their simplest form, Bitcoin and other virtual currencies are digital representations of value that can be traded through an exchange and stored in digital wallets secured by 26-35 character long case sensitive account numbers that require a private key, similar to a password or pin to access.  Virtual currency is not legal tender issued or guaranteed by any government. Rather, its value is determined by consensus within a community of users. Since these transactions are done on the internet and through exchanges using cash, wire transfers, or credit cards to a host of web-based businesses, the purchasers’ identities and source of funds are more difficult to uncover. 

Tags: Prosecution, Bitcoin, Financial Crimes Enforcement Network, Department of Justice, Virtual Currency

Cooperation in the Federal System – Paul Manafort, a Study of What Not to Do

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Sentencing, Sentence, Federal Investigation, President Trump, Cooperating, Federal Criminal Trial, Prosecution, Paul Manafort on Wednesday, November 28, 2018

Much has been written about Paul Manafort’s conviction at his first trial, the potential decades long sentence, and his sudden plea and cooperation deal shortly before his second trial was scheduled to begin. This sequence of events alone is unusual as most defendants decide to cooperate in an effort to reduce their potential sentence well-prior to trial. Moreover, most federal prosecutors do not want to cooperate with a defendant who has contested charges, gone to trial and lost. Most unusual, and damaging to Manafort, is his apparent violation or beach of the cooperation agreement by his alleged lies to the government.

Tags: Sentencing, Sentence, Federal Investigation, President Trump, Cooperating, Federal Criminal Trial, Prosecution, Paul Manafort

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

Is the NJ Attorney General's moratorium on marijuana prosecutions a "move toward decriminalization?" Probably not.

By Andrew Olesnycky Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Law, New Jersey, Marijuana, Prosecution, Attorney General on Wednesday, July 25, 2018

When New Jersey Attorney General Gurbir Grewal issued a memorandum yesterday ordering local prosecutors to temporarily halt marijuana prosecutions in municipal courts until September, news outlets, including the New York Times, called it a possible "step toward decriminalization." Amol Sinha, American Civil Liberties Union of New Jersey executive director, praised the move, stating that "[b]y directing prosecutors to pause adjudication of marijuana cases, this letter starts that [decriminalization] process." Marijuana trade magazines were even more effusive. 

Tags: Criminal Law, New Jersey, Marijuana, Prosecution, Attorney General

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