criminal defense federal lawyer

Raleigh Federal Criminal Defense Attorney Patrick Roberts Successfully Defends Child Porn Investigation

Sex crimes defense lawyer Patrick Roberts of Roberts Law Group, PLLC, convinces U.S. Attorney's Office that an inadvertent download of child pornography should not be criminally prosecuted.

RALEIGH, NC, June 17, 2013 /24-7PressRelease/ -- Early involvement of experienced Raleigh sex crimes defense attorney Patrick Roberts of Roberts Law Group, PLLC, in a federal investigation for alleged possession and distribution of child pornography ended with the case being dropped before charges were ever filed. The U.S. Attorney's Office in Raleigh investigated the client after tying his computer to illegally downloaded pornographic material depicting minors in a sexual manner. The individual insisted that he had not intentionally downloaded child porn onto his computer and that he was not actively searching for illegal pornographic material. Federal crimes defense attorney Patrick Roberts advised the client to cooperate with the U.S. Attorney's investigation of the alleged possession and distribution of child pornography and continued to assert his innocence related to the sex crimes. In the end, the U.S. Attorney's office opted not to pursue a criminal prosecution, based at least in part on the man's willingness to assist and no charges were ever filed. Many may not understand the dangers of inadvertently downloading child porn while using the internet or a peer-to-peer (P2P) file-sharing system. The Federal Bureau of Investigation (FBI) suggests that anyone who accidentally downloads pornographic material depicting minors in a sex act report it immediately. The experienced defense attorneys at Roberts Law Group, PLLC, suggest you contact an attorney to advise you in making the report to the FBI. Sex crimes involving children are not taken lightly by federal investigators or prosecutors. A conviction will typically mean registering as a sex offender for a number of years or for life. The U.S. Sentencing Guidelines provide enhancements (the addition of months or years) to the base recommended range for crimes involving the sexual exploitation of a minor when a computer is used and based on the age(s) of the child(ren) involved. In this case, through the skilled advocacy of federal crimes defense attorney Patrick Roberts, the individual accused was able to avoid the severe penalties of a conviction and, importantly, the stigma of a sex offense charge, when the case ended during the investigation. When experience counts, count on Roberts Law Group, PLLC. The North Carolina criminal defense attorneys of Roberts Law Group, PLLC, fight for the rights of the accused throughout the state. With offices in Raleigh, Wilmington and Charlotte, the experienced defense lawyers of Roberts Law Group, PLLC, offer a free initial consultation to anyone facing criminal charges, including drunk driving, sex offenses, drug crimes, white collar crimes or on other felony or misdemeanor crimes in the North Carolina state or federal criminal justice system. For more information or to contact the firm online to schedule a free consult at the location most convenient for you, please visit the firm's Raleigh criminal defense site, Wilmington criminal defense site or Charlotte criminal defense site. To contact criminal defense lawyer Patrick Roberts, please call 866-630-2389 for a free consultation.

Way Too Many Criminal Laws, Lawyers Tell Congress

A panel of four attorneys told members of Congress today that one way to fix the nation's bloated and convoluted criminal code is to require prosecutors to prove intent, especially when it comes to regulatory violations.

Congress could accomplish this by passing one overriding law that requires proof of intent for any federal crime in which mens rea is not currently a requirement, George Terwilliger, a partner at Morgan, Lewis & Bockius, testified during a hearing on Capitol Hill.
"This could eliminate any question as to strict criminal liability offenses being actionable, and would reintroduce to federal criminal law the fundamental and venerated principle that a criminal offense must include proof of intent to do a bad act," said Terwilliger, a former deputy attorney general under the George W. Bush administration.

This is something that Congress already appears to know. The House Judiciary Committee formed a task force to tackle this overcriminalization, and called on Terwilliger and the other lawyers to tell them how.
Some examples of obscure criminal laws that representatives brought up Friday: A child who saved a woodpecker from her family’s cat was fined $535 under the migratory bird law, and a 66-year-old retiree who went to prison because he didn't have proper paperwork for orchids.
"The recent growth of the federal code in all areas of life has brought with it an ever-increasing labyrinth of federal regulations, many of which also impose criminal penalties without a showing of mens rea, or criminal intent," judiciary committee chairman Representative Bob Goodlatte (R-Va.) said Friday.
The code has been gaining criminal statutes "at a rapid rate, about 500 a decade," Goodlatte has said. The code is up to some 4,500 crimes.
The task force staff asked the Congressional Research Service to update the calculation of criminal offenses in the federal code, which was last undertaken in 2008, said task force chairman Representative John Sensenbrenner (R-Wis.)
"CRS's initial response to our request was that they lack the manpower and resources to accomplish this task," Sensenbrenner said Friday. "I think this confirms the point that all of us have been making on this issue and demonstrates the breadth of overcriminalization."
John Malcolm, a senior legal fellow at the conservative Heritage Foundation, testified that the federal government should be required to identify every federal crime and post it in a manner that is easily accessible to the public at no cost.
"The criminal code today is so vast and complex that judges and lawyers have a lot of trouble discerning what's legal and what's illegal," Malcom testified. "What hope do ordinary citizens have?"
Steven Benjamin, president of the National Association of Criminal Defense Lawyers, testified that when the average citizen cannot figure out what is illegal, "that is unfairness in its most basic form."
"We have become addicted to the use of criminal law as a blunt instrument to control social and economic behavior," Benjamin said.

David R. Cohn, California Criminal Defense Attorney, Assisted Client to Avoid Federal Prison and Custody Time Following Charges of Conspiracy to Launder Drug Money

Wallin & Klarich defense attorney, David R. Cohn, helped his client to avoid decades in federal prison and custody time after being charged with conspiracy to launder drug money according to court documents. The client received probation and community service in lieu of jail and custody time (18 USC 1956(h), 18 USC 1957).

A Wallin & Klarich client recently avoided decades in federal prison and custody time after agreeing to probation and community service according to court record. After successfully presenting evidence of manipulation and duress by her boyfriend, the client was able to avoid this harsh punishment and eventually start her own business in San Francisco. The client was represented by experienced federal criminal defense attorney David R. Cohn of Wallin & Klarich.
“This is an amazing feat in lawyering”, claimed Mr. Cohn. “My client has moved on to bigger and better things, including her own business in San Francisco and furthered education, which would have been lost with any custody time.”
According to court record from Southern District of California – US District Court, attorney David R. Cohn used his expertise to prove that his client was a good person undeserving of such a harsh sentence. He introduced key evidence to show that the client was manipulated physically, mentally, and emotionally by her boyfriend at the time of the crime. Mr. Cohn persuaded the court that the client had attempted to remove herself from the marijuana distribution operation for some time, but was unable to as a result of the manipulation. He also arranged for his client to cooperate with the government by providing critical information about the boyfriend’s involvement in the marijuana ring. The client avoided decades of federal prison and custody time by agreeing to 3 years of probation and 500 hours of community service.
Mr. Cohn’s commitment to defending his client’s right allowed her to avoid a life-altering sentence and to move forward with her business and education according to court record.
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About Wallin & Klarich
As a premier criminal defense and family law firm based in California, Wallin and Klarich (http://www.WKLaw.com and http://www.WKFamilyLaw.com) has been assisting clients from across the country for over thirty years. The firm believes that every person is entitled to the highest quality legal assistance when it comes to facing difficult situations and has committed all of its resources to aggressively defending its clients. The firm has established itself as one of the most successful in the nation when it comes to defending against charges of DUI, criminal matters and sex crimes, and is acknowledged for successfully handling divorce and child custody cases. By making certain that our clients’ legal rights are always protected, we take the “fear” out of the legal fight.

Defendant in Terror Case Gets Lawyer of His Choice

A lawyer who is under federal indictment in Syracuse and under federal investigation in Manhattan will be able to represent a high-profile defendant in a terrorism case, a judge ruled on Tuesday.

The defendant, Sulaiman Abu Ghaith, is Osama bin Laden’s son-in-law, and when he was first arraigned in Manhattan in March, on a charge of conspiring to kill Americans, the federal public defender’s office was appointed to represent him.

But he later told the judge that he wanted to retain a private lawyer, Stanley L. Cohen.

Federal prosecutors in Manhattan recently wrote to the judge, Lewis A. Kaplan of Federal District Court, citing the potential ethical conflicts that such a decision could pose. They noted that Mr. Cohen is charged in Syracuse with obstructing the Internal Revenue Service and that their own office was conducting a “criminal tax investigation” of Mr. Cohen.

In court, the judge took Mr. Abu Ghaith through a series of questions to make sure he understood those potential conflicts and risks. For example, he noted, Mr. Cohen might conduct his defense in a way that might lead prosecutors in his own case to go easy on him. Mr. Abu Ghaith said that he understood the issues, and still wanted Mr. Cohen as his lawyer.

In his order, Judge Kaplan said he had found “that potential conflicts” of retaining Mr. Cohen “have been knowingly and voluntarily waived,” and he was relieving the public defenders. That office, as well as prosecutors, declined to comment.

Mr. Cohen said: “A large population in the world does not believe that in this day and age Abu Ghaith can ever receive justice in a courtroom in New York City. Granting his request to proceed to trial with counsel of his choice is the first step.”

Sex Crimes Defense Lawyer Karen L. Goldstein Featured in Forum of the ATSA

The Association for the Treatment of Sexual Abusers (ATSA) has recently selected an article by California Sex Crimes Defense Lawyer Karen L. Goldstein to be published in its quarterly publication, the Forum. In her Los Angeles-based sex crimes defense firm, Goldstein defends clients accused of state and federal sex offenses throughout California with a focus on child pornography crimes in the federal arena. Her article "The Uncertain Future of Federal Child Pornography Sentencing" was published in the spring 2013 edition of the Forum.

ATSA is a multi-disciplinary organization dedicated to understanding the reasons that sexual abuse occurs and how sexual abuse and sex crimes can be prevented. It is made up of physicians, academic researchers, and other concerned professionals. They publish research, promote education and encourage dialogue between professionals and the general public. They also advocate a variety of causes and work on public policy and community strategies that lead to the effective assessment and treatment of individuals who have sexually abused or are at risk to abuse.
The organization was founded and is based in Oregon and has been organizing conferences and publishing research since 1984. It has members from around the world and is committed to reducing the number of sex crimes internationally with a particular focus on the United States. The ATSA Forum often features articles from people in relevant professions but also features writers, such as attorneys, who are from outside the treatment community, but work in an interrelated discipline. Part of the goal is to allow dialogue across disciplines and professional fields.
In her article, Goldstein discusses some of the new findings contained in the 2012 U.S. Sentencing Commission’s Report to Congress on Federal Child Pornography Offenses. Much of the article features her analysis of the potential implications of this report for federal judges, federal defendants and criminal defense attorneys representing clients accused of federal child pornography crimes. She discusses a few of the most problematic aspects of the federal sentencing guidelines with respect to child pornography offenses, including the routine application of enhancements to a defendant's sentence and the inability of the guidelines to account for a defendant’s true culpability. She concludes by expressing both skepticism and optimism for the future of child pornography sentencing and highlights the fact that more meaningful, modern, and nuanced reform is necessary in order to arrive at more just federal sentences in this arena.
In regard to enhancements, Goldstein writes that someone convicted of possessing child pornography on a computer faces a significant enhancement to their sentence. Instead of acting like an enhancement, however, the additional penalties become automatic since, as reported by the U.S, Sentencing Commission data "100% of all child pornography possession offenses involved the use of a computer. Despite this statistical fact—that the use of a computer has literally become synonymous with the commission of a child pornography offense—the use of a computer still increases a defendant’s potential sentence by 1.5 years or more depending on the initial base offense level." Making these sentence enhancements nearly automatic defeats the purpose of having enhancements, Goldstein contends.
Another problematic enhancement involves the downloading of more than 600 illegal images which leads to a nearly automatic and catastrophic sentence. Goldstein argues that "Thousands of images can be downloaded with the click of a button, in a matter of minutes, even if the user only intended to download a few specific images." Having more than 600 images of child pornography can lead to an extended sentence of up to four years. In such an instance, downloading so many images is almost automatic; this makes the enhancement almost automatic as well. These unjust sentences are just a few of the many problems that the Commission reports upon. Goldstein's article delves into many of the Commission's findings and commends aspects of their work and analysis even when she laments whether or not the sentencing guidelines will be amended.
A federal criminal defense lawyer's perspective on the Commission's report may have been particularly attractive to the editors of the ATSA Forum since Goldstein has defended innumerable clients who have faced what she sees as draconian and out-dated sentences. Instead of brutal penalties, the vast majority of ATSA members see understanding, empathy, treatment and dialogue as far more effective strategies for reducing the number of sex crimes. Many clinicians and defense attorneys argue that unreasonable and unjust sentences do nothing to enhance public safety or address the underlying issues that may lead a perpetrator to engage in sexual abuse. Furthermore, many of the sentencing guidelines make all people who possess child pornography equally culpable despite details of their individual circumstances.
Though they have differing foci and work in different fields, Goldstein and the medical and counseling professionals at ATSA seem to be in agreement with one another regarding the need for compassionate, nuanced, and more thoughtful work on federal criminal cases involving child pornography offenses.

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Hire that Top Dallas Criminal Lawyer! When you are going to court, them usually is just not due to the fact people WANT to be able to go, however rather a person HAVE to help go. If you're facing to get a criminal defense, it might properly end up being within your finest curiosity in order to continually be organized as well as schooled BEFORE you enter those people doors. Listed listed here are points which have been very encouraged that you just stick to so that they can possess a profitable time inside courtroom in addition to put the odds finer straight into a person's prefer within the sight from the court.Dress CodeWhen throughout court docket it's in the very very best desire trend your finest for your judge, jury, prosecutor, as well as oneself. It psychologically helps you inside the courtroom together with your scenario and also may well increase your chances with winning when you appear like you might be seriously interested in the courtroom process and engage in this part. People who go to the courtroom throughout shorts and flip flops will completely not really receive the identical medication that a man or women in a suit or perhaps good costume would receive. It appears, as a minimum towards the courtroom that will people possess simply no fascination with staying right now there and that's absolutely regarded as disrespect to your court.The using is right dress rule to the sexes:For MenA black suit is definitely preferred. In cases wherever a new suit is not readily available, and then slacks as well as a whitened shirt as well as tie in the minimum! Dress shoes and boots (NEVER WEAR SNEAKERS IN A COURTROOM, PERIOD) Hair nicely groomed along with neat. If you have prolonged hair, ensure that it truly is attached back and also combed back. Don't bathe your self around powerful cologne. This isn't a team in addition to not any one desires the particular distracting smell of another while in the courtroom. Jewelry: one wedding r ing (wedding band) plus a watch, when you possess either. The point the following is you can need the ascertain along with every like additional men and women observe your own destiny to look at anyone using value regardless of you happen to be in court for.For WomenA nice apparel or can easily enterprise suit. At that minimum, a blouse along with a skirt that's NO MORE THAN a couple of inches width preceding that knee. Panty hose Dress shoes and boots or heels Hair accurately groomed Jewelry: Same in the western world men. A ring along with a watch. Nothing else. Perfume: Again absolutely nothing that is certainly also sturdy plus do not soad throughout it. No one particular wants to fragrance you! Nail Polish: Keep the idea simple. Colors that aren't ideal are generally neon's and brightly coloured nails. If you can avoid it, do not have on any kind of develope above an obvious cover as well as that French manicure is actually suitable. Again, your point recommendations yo u will want your judge and also another men and women observe your own fortune to check out you together with because much value as they can no matter regarding just what you are inside the courtroom for. In the particular courtroom this will be well-advised as much as behavior plus process are usually concerned:Only respond to inquiries that you will be expected within a immediate manner. Example:Prosecutor: "Do you've the particular time?"YOU: "Yes."Prosecutor: "What time can you have?"YOU: "11:00 a.m."In this example you had been enquired a question, and also the reaction had been EXACTLY just what exactly should have happen to be given. 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Pretend you might be upon television system when in front of the planet therefore you have to seem your own best.LanguageThis is actually oftentimes probably the most abused thing within the courtroom besides dress. Again you should bear in mind you are not in the gathering using your friends. You are usually in a new courtroom. If it is just a criminal matter, anothe r person wishes grounds to decide to put you away. DON'T Provide THEM ONE! Speak English when effectively essential able. Use of slang just isn't going to assist you throughout almost any way.The ascertain just isn't your "bro", she or he is the honor. The D.A. or perhaps Prosecutor is not an old pal, and needs to be attended to as sir.Additional EtiquetteBe punctual. Do not necessarily communicate over the actions although the courtroom was in session. Do definitely not take books to help read or perhaps magazines. Do not really dress yourself in a head wear from a courtroom EVER! Do not put on sun shades unless you have an ailment that's medically demonstrated in order to injure your eyes with light. Remain within work right up until excused. All folks sitting down before the actual bar should remain presently there throughout each treatment and return using recess. Parties as well as counsel must remain in attendance during jury deliberations; shortage waives the best to go to the gain from the decision. Dress with pride. Address some only simply by their own game titles and also surnames, as well as lawyers, witnesses, and also judge personnel. Steer free from drawing near this bench. Counsel must foresee the need regarding rulings plus analyze these people one time the actual jury is not seated. When your along with seminar is inevitable, obtain permission first. Hand towards clerk, definitely not the determine or reporter, everything for examination from the judge. Stand should the appraise or court gets or leaves the actual courtroom. Conduct no experiment or even demo not having permission. Make no side-bar remarks. Request having easels, light boxes, and various equipment considerably early so that they could possibly be fixed up as you move Court isn't with session. Following these primary very simple rules in addition to procedures, everyone considerably enrich your own likelihood regarding getting good results inside court. These t end to be unwritten guidelines, then again over time folks appear to have ignored them. If you've additionally fears or even are not sure regarding any of this, phone your Recommended Dallas Criminal Attorney BEFORE going to court. ? Select that Best Dallas Criminal Attorney:? Dallas Criminal Defense Lawyer, ? Dallas Criminal Lawyer, ? Dallas Criminal Attorney

Most Effective Houston Drug Crimes Lawyer Â» Coping With A Criminal Arrest? You Have a Legal Right into the Top Lawyer! - Law

The Sixth Amendment with the US Constitution ensures the suitable into a lawyer for you to any one fighting federal criminal charges. The Fourteenth Amendment along with a number of condition constitutions additionally pay for this particular right to anyone struggling with state criminal offence charges. Those which are indigent in addition to can't purchase a offender security attorney have the proper to acquire one fitted to be able to them for free. Most people, however, never understand what the ideal for you to an experienced prison defense attorney indicates, when this specific right hooks up or who qualifies for the court-appointed attorney.Houston Criminal Defense: Employ that Most Respected Houston Criminal Defense LawyerIf you might be charged of a intense felony offense, it's necessary you choose to retain the skills of an qualified jail protection attorney to be able to deal with for ones lawful in addition to constitutional lawful privileges all the way throu gh the particular prison justice process. Get in touch with the Recommended Houston Lawyer about your case today.Federal in addition to State LawThe correct to help counsel is a essential suitable of criminal defendants guaranteed from the US Constitution. Many claims furthermore comprise the following proper into their constitutions, including a few declares give a broader scope of the right to suggest than the government constitution. However, defendants contending using state prison costs tend to be continue to entitled to counsel, when the state constitution will not offer you a really right, beneath the government constitution via this Fourteenth Amendment.Attachment with the RightCriminal defendants are afforded this appropriate to be able to a skilled arrest safeguard law firm all the way through each essential stage on the arrest carrying on once the proper includes "attached." Under national rules, this defendant's right hooks up once "adversary judicial proceedings " happen to be initiated alongside your defendant. This includes when the defendant have been busted regarding or even indicted for just a jail offense and by carrying out a preliminary hearing, information plus arraignment.Thus, for your right to be able to attach, the particular defendant needs to have been charged which has a crime. It isn't going to attach when whomever is just thought of committing a crime. It does not connect throughout the investigative stage prior to the filing with actual, conventional costs - even if whomever may be the merely suspect. An arrest, without having formal felony charges, also doesn't activate the ideal that will a highly skilled criminal security attorney. This doesn't mean, nevertheless, in which a person becoming looked over for your crime cannot hire a good legal professional about his or her own.Once the proper features attached, the actual state is unable to restrict the actual defendant's right to seek out suggest and also posses ses a duty to be able to assurance your defendant's right is definitely honored. The perfect isn't accessible in city or administrative procedures or during permission suspension as well as revocation hearings.Appointed CounselIn order for a criminal defendant that will receive a court-appointed lawyer, the actual defendant are unable to only always be not able to afford your manifestation of your criminal safeguard legal practitioner regarding his / her choosing, but must meet up with the actual that means of your indigent. The tryout court features this specialist to figure out no matter if a new defendant is indigent. Some jurisdictions include recommendations mostly depending on salary which permit persons meeting the actual requirements to become presumed indigent. Some other jurisdictions, nevertheless, do not have any good regulations and also have in making the determination on a case-by-case basis.In these reports that figure out indigence on a case-by-case basis, t he actual court docket has to check out the actual defendant's total economical circumstances, like their or your girlfriend income, assets, bills and also alternative economic obligations before choosing should the defendant is able to afford to afford a skilled jail protection attorney. As some sort of result, even though a defendant will be unemployed does not guarantee the person shall be employed counsel.Defendants insurance coverage court-appointed attorneys don't have the suitable to get an attorney health of their choosing. If the courtroom detects that this defendant is definitely indigent, the particular court docket could assign your open opponent into the defendant. The proper that will appointed barrister just reaches the trial run plus the earliest charm with the test court's ruling.Waiving the suitable to an Attorney Just seeing that nearly just about all felony defendants develop the right to an experienced jail security lawyer, in addition , they develop the right to self-representation allowing it to waive the suitable to a highly trained criminal defense lawyer. In obtain to waive this kind of crucial right, criminal defendants should be qualified to prove to this court that they're capable (possess the particular mental capacity) to help waive this right understanding that his or her waiver is actually knowing, brilliant and also voluntary. The judge is required to ensure that your prison defendant knows the down sides of self-representation earlier than allowing the particular waiver.Defendants thinking about addressing ourselves in a very criminal sample must carefully take into accounts the actual consequences of the action. Criminal defensive law firms have a very lot of teaching and also understand the actual intricate, along with generally confusing, operation in the legislation in addition to felony justice procedure. Given the particular complexities with offender procedure and, more importantly, the actual considera ble effects a prison conviction carries, a offender security attorney is best suited that will secure defendants' legitimate legal rights and assistance them attain the most beneficial conceivable outcome.Houston Criminal Defense: Employ the Most Respected Houston AttorneyIf an individual or a family member includes been charged which includes a criminal offense, you've got the correct to a felony safety attorney. It is very important to begin with using the services of a good attorney whenever feasible while in the procedure, no matter if you've certainly not been formally billed that has a crime. 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