Federal Defense for Drug Trafficking & Witness Protection

When being investigated for federal drug trafficking or being interrogated for involvement with ties to a trafficking conspiracy or associated criminal organization you may be thinking of becoming a criminal confidential informant. Lawyers know the different legal protections available and offered will depend much on the strength of evidence and information provided to law enforcement.

Whether or not you qualify for the witness protection program will depend on many factors such as:

• Proximity to crime
• Witness to crime
• Quality of information provided as hearsay

It is said that becoming a criminal informant is akin to signing a death warrant. There are risks involved in cooperating with the government in exchange for a much lesser sentence. Some of the best lawyers working in federal defense are even able to get the criminal informant probation or complete dismissal of charges. Before making a recommendation, a lawyer needs to evaluate the strength of your case, evidence to be offered to the government against what they already have, their position, and the other defendant's position.

There are many forms of cooperation; witness protection in the form of a changed identity and displaced to another part of the country is rare and generally offered in only extreme cases. Federal drug traffickers and their associates are usually very dangerous and have been known to react violently to a "snitch," even killing off family members. In many cases, especially when not represented by a lawyer, protecting a witness only means that law enforcement will come down hard on the person(s) making criminal threat on the informant putting you and loved ones at a serious risk.

Before considering becoming a confidential informant it is best to speak to a criminal lawyer with federal defense expertise in drug trafficking and organized crime cases. A lawyer can ascertain law enforcement keeps any promises made to you, and you will be protected to the fullest extent of the law. A lawyer can explain the advantages and disadvantages of becoming a confidential informant for an investigation or trial of a federal drug trafficking conspiracy case.

If you are being investigated in a federal drug trafficking case, talk to our lawyers now and call 855-LAW-PRO1 (855-529-7761).

Defense in Federal Criminal Trials by Lawyers

Creating a winning defense for a federal criminal case is very time consuming and involves a lot of work behind the scenes by lawyers and their experts, aside from the skill needed to perform well during the actual trial. Attorneys working on a trial must also consider the unique preferences and characteristics of the court judge and staff. A judge and court staff can make the work of a lawyer much more difficult if they want to, such as by delaying the processing of documents and denying motions.

Attorneys prepare a defense for a federal case by:

• Investigating using his/her private investigators and experts.
• Questioning and researching witnesses.
• Writing legal documents.
• Reviewing and investigating the evidence including mishandling.
• Preparing opening and closing statements and more.

Get more valuable details and read a complete article by clicking this link, how an attorney prepares for defense in a federal trial.


If you are being investigated for a crime, or have been indicted so that you may prepare for federal defense and court it is imperative you talk to an attorney well experienced in federal cases and trials. Call 855-LAW-PRO1 (855-529-7761) now.

Real Estate Investment Fraud Cases

Lawyers know alleged real estate investment fraud can bring to action many separate criminal and civil cases. Investors, the plaintiffs, may bring civil lawsuits against developers, lenders, and escrow companies and any company or individual they believe to be conspiring and directly involved in the scheme to defraud.

A civil lawsuit alleging fraud may prompt a state and federal investigation inciting a separate criminal case and vice versa. State or federal attorneys commonly file criminal charges that include mail fraud, wire fraud, and money laundering in investment fraud cases. Each mail fraud and wire fraud charge can carry a penalty of 20 years in federal prison; several counts can on each charge can severely inflate prison time leading to life in federal prison. Money laundering carries a penalty of 10 years in prison. Penalties also include enormous fines and restitution depending on the amount defrauded.

Going to Trial for Fraud

Civil cases alleging fraud go to trial when a settlement cannot be reached. Lawyers point out that a settlement agreement can be used as evidence in other cases. Going to trial for a federal criminal case needs to be decided by lawyers experienced with federal defense. Criminal lawyers know that accepting a plea agreement for a federal criminal case is generally much better than going to trial, as only 3% of federal trials are won.

However, an experienced top attorney can argue for a plea agreement that is favorable and requires no prison time and also argue down the amount of restitution and fines. Our lawyers have been known to even argue down restitution and fines to the very minimum and even payments of $100 dollars or less a month. Regardless of the route, you need an experienced lawyer to get you the very minimum penalties if convicted, one who can even get you below the mandatory minimum sentencing. This requires great skill and expertise only had by the best lawyers.

Defense lawyers take into account several factors when deciding to go to trial, such as prior criminal convictions, the facts of the case, circumstantial evidence, and more. Generally speaking, if  an intent to defraud can only be inferred, defense lawyers will proceed to a trial by jury. In these types of fraud cases, the 'eyewitness' testimony is actually a person's mental processes that are being disputed for material facts.

Real estate investment fraud cases that question the motive and intent of individuals or companies may raise certain issues to light, such as a company's policies and procedures, personal relationships and histories of involved individuals, fiduciary duties and more.

Accusations of real estate investment fraud are prosecuted aggressively and must be fought by top criminal lawyers. If you have been accused of or being investigated for fraud, contact our lawyers immediately and call 855-LAW-PRO1 (855-529-7761).

Lawyers on Criminal and Civil RICO: Defenses & Distinctions

Lawyers tailoring defenses for criminal and or civil RICO cases take into account many factors. One key distinction between civil and criminal RICO cases is the burden of proof. In a criminal RICO case, a prosecutor must prove the defendant(s) guilty beyond a reasonable doubt. In a civil RICO case, only a preponderance of evidence must be shown. That is, a plaintiff's lawyer must prove the claims and facts in the civil complaint by way of clear and convincing evidence.

Distinctions between Criminal and Civil RICO cases

Civil RICO cases seek a different result, a compensatory gain for damages. Lawyers working on the defense may even agree to a settlement before a jury decision if they feel it is in their client's best interest and they may do so at any time during a trial. Prosecutors in criminal RICO cases vehemently seek imprisonment, fines, and restitution paid by the defendant.

A conviction on a criminal RICO case often results in a prompt filing of a civil RICO case. In the past, a civil white collar RICO case was not likely to prompt a criminal RICO case. However, today state and federal law enforcement agencies are pursuing white collar criminal RICO cases much more vigorously. White collar criminal RICO cases have been increasing and are on the rise in both state and federal courts as prosecutors see it as a very effective tool.

If you are being investigated as part of a RICO enterprise it is imperative you talk to lawyers with expertise in RICO cases, such as the lawyers from LibertyBell Law Group. LibertyBell Law Group has a team of criminal, civil, federal and white collar lawyers who put their brain power and mass experience together with their wealth of resources and experts to get you the best results. In fact, LibertyBell Law Groups has recently attained the coveted Top 100 Trial Lawyers award.

Civil RICO and Fraud

After working on numerous white collar crime cases, LibertyBell Law Group's lawyers know most civil RICO cases involve allegations of fraud. This parallels with government publications which commonly cite fraud as the main racketeering activity among white collar RICO cases. There are many classifications of fraud and the defenses for fraud, or any racketeering activity for that matter, used by top lawyers depend on the type and the unique characteristics of the case.

Defenses for Criminal RICO

LibertyBell Law Group's criminal lawyers build custom and winning defenses for RICO in both criminal case and civil cases. One of the strategies they may employ in defending a client in a criminal RICO case, especially when not representing other defendants in the same case, is to argue and prove the defendant was either not part of the criminal enterprise or to distance the client as much as possible from the enterprise. Another strategy lawyers employ is to build a strong criminal defense against the sole racketeering activity associated with our client. This is more easily accomplished when the client is only associated with one or a few of the many racketeering activities alleged in the case. Of course, these defenses cannot be applied to all cases as all cases are not the same. Our criminal lawyers know the best defense is always a custom made defense tailored to fit the client exactly; it surprises the prosecutor and throws him/her off the balance and stays ahead.

Defenses for White Collar Civil RICO

White Collar RICO cases generally have both civil and criminal threads, however, more often than not private attorneys file civil claims for damages. White collar lawyers from LibertyBell Law Group may seek to prove there was no criminal intent or knowledge in a RICO case and can do so by proving lack of knowledge that is lost along lines of and levels of authority. While this may be an effective defense in a white collar criminal RICO case, defending a white collar civil RICO case requires a different strategy. A plaintiff in a civil RICO case is not concerned with the internal workings of a company as much as there is a concern for monetary losses. In other words, the legal definition of the business and how it relates to the "enterprise" is sought to be accountable for monetary losses in most white collar civil RICO cases.

Lawyers know that if fraudulent or criminal intent is proven this can result in substantially higher settlements. In other words, if the plaintiff successfully proves racketeering activities were carried out, such as mail fraud, wire fraud, money laundering or others, the defendant will have to pay out substantially higher amounts of money. When there exists mountains of evidence that resulted in monetary losses to the plaintiff, white collar civil lawyers will seek to prove no criminal or fraudulent intent to minimize the settlement amount. White collar lawyers from LibertyBell Law Group also seek to preserve the public image and reputations of clients.

How Criminal Lawyers Discredit Witness Testimony

Criminal lawyers experienced in trials use many methods of discrediting witness testimony, whether it is given by an expert or lay person. Usually, this is done by the criminal lawyers during direct examination.

Even though direct examination of witnesses occurs during trial, criminal lawyers will investigate and question witnesses before trial and even before pre-file for several reasons. One reason is the lawyers may want to gauge the witness's personality, demeanor, communication style and more.

Another reason may be to see how much information or evidence the witness is aware of and how much knowledge they are willing to share with the lawyers, knowing that witnesses may not initially tell everything they know about the crime or surrounding circumstances. Criminal lawyers may also want to see how honest a witness is by comparing current statements to previous statements, whether written, verbal, or taped, and comparing statements to evidence. Know that top lawyers conduct their own investigations to gather evidence and witness testimonies beneficial to the client.

There are many reasons why and when a lawyer may want to question a witness but most depend on the unique facets of the case.

 

Videotaped Testimony of Witnesses

Lawyers may use videotaped testimony if they believe the adverse witness would perform poorly under those circumstances, such as a witness who is likely to display negative characteristics. Witnesses who are argumentative or appear uncertain, wavering or nervous in a video tend to have these characteristics emphasized in this type of format which makes the jury less likely to believe the witness.

Trial Tactics used by Criminal Lawyers

Complex and federal cases or cases involving hearsay are inclined to have more witness testimony and thus are also more inclined to proceed though trial. There are many tactics attorneys will use during criminal trial proceedings. When criminal lawyers question the prosecutor's witnesses it is referred to as cross-examination. During cross-examination, top lawyers will show that the witness should not be given the authority of reliable testimony.

Criminal lawyers may use either harsh, nice, or a mixed style to confuse and discredit the witness, gain leverage, and or influence the jury. The best lawyers plan ahead but are also able to make split-second decisions on changing their line of questioning or style by reading the present reactions from the jury and the witness. This level of expertise comes innately to LibertyBell Law Group's lawyers but it is also gained from having worked on countless trials in state and federal courts across the nation. The lawyers from our criminal defense law firm have worked on numerous trials with all sorts of lay and expert witnesses and in all types of cases.

If you are being accused or investigated of a crime, call and speak directly with our expert criminal attorneys now at 855-LAW-PRO1 (855-529-7761) or you can also type in the details of your case in our "Case Submission Form" located on the right side of our website at LibertyBellLaw.com for a free case evaluation.

Mail Fraud Defenses Used by Criminal Lawyers

There are numerous mail fraud defenses criminal lawyers use but each defense has to negate at least one of the two elements of mail fraud to be successful. Prosecuting attorneys must prove, beyond a reasonable doubt, mail fraud occurred because the defendant formed or planned a scheme to defraud or had intention to do so. The prosecution must also prove the use of mail as a step in the plot or essential part of the scheme. In effect the mailing must be "in furtherance", (Mail fraud case- Kann v. United States, 323 U.S. 88, 95), of the scheme to defraud.

The overly broad nature of both elements of mail fraud make it a convenient tool for prosecuting attorneys to use, but case histories have limited its power. Since the mail fraud statute was enacted there have been amendments and hundreds of cases further defining it's scope and use. Along the way, there have been some common mail fraud defenses developed by criminal lawyers applied in a general sense. However, experienced criminal lawyers know the real work is in the details and what separates the mediocre from the best lawyers.

Common Mail Fraud Defenses used by Criminal Lawyers:

• Good Faith is a complete defense seeking to prove a defendant had no intention to defraud. It is whole because, if successful, shows an absence of fraud.
• Puffing is a defense used by criminal lawyers contending that alleged misrepresentations are matters of opinion made by the defendant rather than intent to defraud. It is the degree of "puffing" that must be argued by lawyers and what is usually the issue in court. If there exists evidence of actual and obvious statements made about a service or product that in no way could have been possessed than this is not suitable defense.
• Constructive Fraud defense is used by criminal lawyers when proving there was no intended fraud but rather the result of careless business conduct and gross negligence.
• Lack of Authority of an employee or other agent who performed or schemed fraudulent acts not authorized by the defendant.
• Uncertainty of criminal mail fraud laws is used by criminal lawyers in showing the defendant's acts are not specifically prohibited. Criminal lawyers often use this defense in conjunction with other defenses such as "puffing."
• Statute of Limitations on Mail Fraud has run out. The statute of limitations for mail fraud is 5 years. If the mail fraud was allegedly targeting a financial institution, the statute of limitations is 10 years. For a all mail fraud cases the statute of limitations starts when the last use of mail was done, not when the scheme was devised.

There are many facets to successfully invalidating a mail fraud charge against a client by criminal lawyers, including having experience in federal courts, knowing how to build rapport with the jury, knowing when and how to deliver your arguments, knowing which witnesses to call to stand and asking questions to get favorable responses and much more. Criminal lawyers know defending mail fraud is not a walk in the park, quite the contrary. The best criminal lawyers also know how to make split-second decisions and strategic maneuvers during trials. Top criminal lawyers use a wealth of resources and dedicate lots of time behind the scenes in building a unique defense appropriate to the client and the specifics of the case.

Though there are some common defenses used for mail fraud it is the way experienced criminal lawyers innovate these defenses and, in effect, make them new that can really throw the attorneys working as the prosecution for a loop. Of course, criminal lawyers also use completely new mail fraud defenses and defense tactics as necessary in gaining a favorable outcome.

If you have been charged or are being investigated for mail fraud, (and other conjoining charges such as wire fraud), it is imperative you speak to criminal lawyers now and call 855-LAW-PRO1 (855-529-7761). The earlier a criminal lawyer can start on your case the easier the defense; criminal lawyers may also prevent or lessen the charges filed.

Criminal Lawyers on Defending Mortgage Fraud

Criminal lawyers thoroughly analyze all associated documents, the loan process, institutions and individuals involved to build a great defense for mortgage fraud. Criminal lawyers know that being one step ahead of the prosecutor and investigators is of vital importance, especially in resolving a case quickly and with optimal benefit.

In "fraud for profit" mortgage cases criminal lawyers may choose to minimize the role of their client. This defense used by criminal lawyers can be more effective when a group of individuals work together to benefit from the mortgage. The best criminal lawyers also have experts and private investigators who can find evidence linking off-the-record relationships while at the same time minimizing the role of the client and effectively shifting criminal intent to others.

Criminal lawyers can use many other defenses when the mentioned is not helpful to the client. For instance, if an individual is accused of mortgage "fraud for housing", a criminal lawyer will investigate if the borrower actually signed the application or if the loan office prepared and signed it for the borrower. By law, the borrower must have also agreed to have filed copies of tax returns released to the lender by signing an IRS Form 4506.

 

Top Criminal Lawyers Custom Make a Defense for Mortgage Fraud

A fraud defense built for a client by criminal lawyers is largely dependent on the unique characteristics of the mortgage case, the individuals, and the transaction. A defense may work very well for one client but not another. The best criminal lawyers custom make a defense for each client. Custom made defenses by lawyers for a criminal or civil case of mortgage fraud is best as the opposing side, such as a prosecutor, will not be able to predict the next move and will not know what to expect.

If you have a criminal or civil case involving mortgage fraud, call and speak to our lawyers now at 855-LAW-PRO1 (855-529-7761).