Posted on July 09, 2018 in Criminal Defense

If the FBI comes knocking on your door, are you required to speak to them? It is rarely advisable for you to speak with the FBI or police without an attorney present. As a criminal defense law firm, we see too often situations arise where someone attempts to speak to police and ends up damaging his or her own case.

You may think that you are helping clear something up or that you have nothing to hide, so why wouldn’t you speak to the police. However, suspects or witnesses never know the amount of information the FBI has or the direction of the case.

It is your right in the United State Constitution to remain silent and to have a lawyer. Using those rights does not mean you are guilty nor does it make you look guilty in the eyes of a judge or jury.

What If They Have a Warrant?

There are two types of warrants: search warrants and arrest warrants. Search warrants allow the FBI to search a specific area, such as your home, business or car because a judge believes there is probable cause to think that these areas contain evidence of criminal activity. Arrest warrants allow the FBI to arrest you because there is probable cause to believe that you committed a crime.

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 Posted on June 29, 2018 in Fraud

Mortgage fraud encompasses several fact patterns or situations all of which are illegal under federal law. Mortgage fraud is characterized by some type of “material misstatement, misrepresentation, or omission in relation to a mortgage loan that is then relied upon by a lending bank,” according to the FBI.

Thus, any lie that would influence a lender’s decision qualifies as mortgage fraud. The decision could relate to loan approval, reduced payoff amount or to repayment terms. Often mortgage fraud scams involve identity theft or income and asset falsification.

While the classic case of mortgage fraud is fraud perpetrated by the borrower, mortgage fraud cases have arisen in the aftermath of the housing market collapse when distressed homeowners were targeted by financial institutions. Even though the crime of mortgage fraud has evolved over time, there are several types that are seen regularly.

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 Posted on June 22, 2018 in Appeals

If you have been convicted of a federal crime, you may wish to appeal your conviction and/or your sentence. Perhaps you believe that the law was not correctly applied or that your case was not appropriately presented. These are valid reasons for an appeal, but you will likely need a lawyer to take these complaints and present them as errors that must be corrected by a reviewing court.

The Clock Is Ticking

Perhaps the most fundamental part of an appeal is filing a notice of appeal before the deadline.

If you wish to appeal, you must do so quickly. Under federal law, a criminal defendant typically has 14 days from conviction or sentencing. This is an inflexible deadline in most cases, and it is strictly enforced. Failure to timely file a notice of appeal will result in the defendant being barred from bringing an appeal.

What Happens on Appeal in Federal Court

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 Posted on June 16, 2018 in Sex Crimes

Being convicted of child pornography possession can come with years -- even decades -- behind bars. If you have been charged or fear you may be charged with such a crime, you are likely interested in how you can defend yourself from these allegations.

The federal government must prove that you are guilty beyond a reasonable doubt. One way to present to a judge or jury that there is reasonable doubt of your guilt is to mount an effective legal defense with the assistance of a skilled attorney.

There are several common defenses that may be applicable to your case:

• Knowledge. A person convicted of child porn possession must know that the images are of children. Thus, if you present evidence that you did not know that the images were of children, you may be found not guilty. For example, if there are not many images or if they are labeled a certain way, you could argue this defense.

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 Posted on June 08, 2018 in Drug Crimes

Both Illinois and the federal government have laws prohibiting drug possession, distribution, and manufacture. Thus, any of these activities could be prosecuted by the state or federal authorities.

If you have been charged with a drug crime, how is it decided if you will be tried in state or federal court? Every case is different, but there are a variety of ways your case could end up in the federal system.

There are a variety of factors that could determine the state or federal issue:

• Who made the arrest? Probably the most common way a drug case ends up in federal court is when the arresting officer is a federal agent. Many times this happens when local police work with federal officers on a sting operation. This could also happen when the alleged crime is said to have taken place on federal lands (such as a national park).
• An informant named you. If someone being investigated or prosecuted by the federal government named you as someone involved in criminal activity so that they would be granted leniency, then you would also be prosecuted by the federal government.

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 Posted on May 31, 2018 in Drug Crimes

For many years, drug abuse has caused such a negative impact on society, and individuals are still looking to drugs to alleviate their emotional distress. Drug abuse is very dangerous, and can cause all kinds of serious consequences, including time in jail, loss of employment opportunities, and health problems in the future.

An Increase in the Use of Drugs

The use of illegal drugs has been increasing in the United States. Five years ago, in 2013, slightly under 25 million Americans over 12 years old, making up 9.4 percent of the whole population, had used illegal drugs. In 2002, only 8.3 percent of the population had reported using illegal drugs.

The most commonly used illegal drug is marijuana, which is most likely responsible for the increase in drug use and abuse. Since 2007, the use of marijuana has increased, with approximately 19.8 million Americans reporting their use in 2013. In 2007, nearly 14.5 million Americans reported using marijuana.

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 Posted on May 24, 2018 in Weapons

Memorial Day weekend is almost here, and many individuals have made plans to relax and enjoy some time off from work. While the majority of individuals try to make Memorial Day weekend as peaceful as possible, the three-day weekend at the end of May can be cause for concern, especially in major cities where gun violence tends to be more prevalent. When there is not much to do anywhere, the chances of gun violence have greatly increased.

A Look into the Memorial Day Weekend Shootings in Chicago

Last year, in 2017, seven individuals were killed due to gun violence in the city of Chicago. Another 45 individuals were injured because of gun violence. Nearly half of all individuals wounded or killed were shot on Monday, Memorial Day.

In 2012, between three o’clock in the afternoon and six o’clock in the morning, 53 individuals were shot and injured, and 11 individuals were killed due to gun violence.

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 Posted on May 17, 2018 in Sex Crimes

The use and possession of pornography is a very serious sex crime that can cause many undesired consequences. Not only does pornography have a negative impact on the accused person, but anyone affected by the use of pornography can be negatively affected as well. If teens and preteens make the decision to view pornography, they may make decisions that can ruin their lives and perception of life overall.

How Many Teens and Preteens Are Watching Pornography?

Finding online pornography is very easy to do today. Over 40 million Americans have admitted to visiting porn sites each year, and this activity can adversely affect adults’ work, family, and social lives. Even though adults’ lives can be ruined by pornography, children and teens can be even more adversely affected.

There has been research indicating how online pornography can change the sexual attitudes of teens and preteens. In this study, this age group may likely view sexual activities as a physical function and may also objectify women.

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 Posted on May 10, 2018 in Uncategorized

Over the past several years, the Internet has made a huge impact on society. Online shopping has been made possible, as there is more convenience from buying products from a laptop or phone. Since there has been more of a convenience with online shopping, retail fraud has been on the rise, and companies, especially those that are online, are trying to find ways to avoid fraud.

Retail Fraud and How It Affects Society

By the end of 2017, the main driving forces of fraud included international transactions and mobile wallets, which are considered to be examples of newer payment options. During the holiday season, fraudulent returns were the biggest concern of companies, as retail return fraud may cost companies at least $15 billion.

Even with the strongest cybersecurity, it is still hard to verify an online shopper’s identity. There tends to be a lull between the time that the order has been placed and when the transaction is confirmed. The lag can be grounds for more retail shopping errors and fraudulent activity.

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 Posted on April 24, 2018 in Uncategorized

Since the Internet has grown over the past fifteen years, individuals are now able to sell their home or rent part of their home out to others. Even though, with the use of the Internet, communication has been made a lot easier for both parties, there has been a drastic increase in scams during the selling and leasing process.

What Is a Rental or Real Estate Scam?

A rental scam often happens when an individual is trying to sell his or her property online and is contacted by another individual who seems interested in the property. When both parties agree on a set price, then the offender may send a check to the other party to deposit, covering housing expenses.

Methods of Rental or Real Estate Scams

The check will often be written for an excess amount, and the offender may ask for the rest to be sent back. The check may also be written for the exact amount, and the offender may change his or her mind on the rental agreement and ask for a refund. The individual trying to sell or lease the property has access to the funds, believing that the check has cleared. Once the check is found to be counterfeit, this individual has liability by the bank for all financial losses.

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