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Appealing a Federal Criminal Conviction
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
Defenses to Child Pornography Charges
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.
When Are Drug Charges a Federal Offense?
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.
Who Are the Drug Abusers?
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.
Gun Violence in Chicago
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.
How Does Pornography Affect Teens and Preteens?
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.
What to Know about Retail Fraud
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.
Rental and Real Estate Scams in Chicago
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.
What Is Tax Evasion?
Tax season is about to come to a close, and many of us are hurrying to get our taxes filed before today's deadline, the last day of the 2018 tax season. While most of us have either used do-it-yourself (DIY) tax preparation platforms, others have relied on accountants or certified tax professionals to better assist us. Unfortunately, there are some individuals who fail to report certain incomes or documents on their tax return, which could lead to serious consequences.
Definition of Tax Evasion
Tax evasion is when a taxpayer misreports his or her income, credits, and deductions on tax returns, or if the taxpayer does not file a required tax return. Not everyone goes to prison for tax evasion; however, if the taxpayer conceals his or her assets and income that should be used to pay back taxes, more serious consequences may follow.
The Internal Revenue Service (IRS) will mainly look for unreported income, false statements, and deliberately hidden records for criminal investigation.
Insurance Agent Fraud
Insurance is very important to have, especially for home, auto, and life. Anything can happen to you, such as a car accident, a house fire, or sudden death. Even though most insurance agents can be trusted, the insurance industry can still be grounds for potential fraud schemes.
Types of Insurance Fraud on the Agent’s End
Over one trillion dollars in premiums are collected by thousands of insurance agencies every year. Because of how big the insurance industry is, there is much opportunity for fraud to occur. The cost of insurance fraud on the agent’s end amounts to over $40 billion every year, and the average American family ends up spending between $400 and $700 in the form of increased premiums.
The most common fraud schemes that insurance agents may commit include but are not limited to:
- Premium diversion;
- Fee churning;
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