federal charges for online crimes is a reality. here is an image that depicts a hacker.Many people do not realize that the Internet is a public place and every transaction that takes place has a backlink thread. In many situations communications are transmitted from one state to another or from one nation to another, making any criminal activity committed online a federal offense. In addition, the federal statutes specifically describe certain activity that is unlawful and federal law will be used to prosecute the case. This can be a real problem for those who are accused because federal offenses are much more serious than typical in-state offenses. Sentencing guidelines for federal crimes are very strict and harsher than state sentencing. That is why it is vital for anyone facing federal charges for online offenses to retain an aggressive criminal defense attorney who understands how federal charges are prosecuted.

Pretrial Hearing

When a defendant is arraigned on federal charges for online offenses the judge will assess bond arrangements, just as in a state case. In many instances, the arraignment also becomes the pretrial detention hearing as well, but the criminal defense attorney can request a continuance. This is usually no more than five days. The pretrial hearing will consist of the U.S. Attorney submitting the articles of evidence against the defendant, often with a federal agent present for cross-examination by the criminal defense attorney. This serves the same purpose as discovery in a state case, and it is normally the only chance at questioning an agent for the defending counsel before the actual trial. The actual trial will be scheduled by the judge at the end of the pretrial hearing.

Burden of Proof

The burden of proof in a case for federal charges for online offenses is the same as other cases, as the federal government must prove beyond a reasonable doubt the crime was committed. A defendant can also be responsible for paying restitution and damages for any funds that have been stolen by illegal transfer or identity theft, but these cases are proven by a preponderance of the evidence, which is a much lower standard. Even if a defendant does escape a conviction for federal charges for online offenses, the defendant can still be sued for compensatory or punitive damages, depending on the nature of the charges.

Federal defendants should have an attorney when being prosecuted because all federal charges normally carry significant jail time. A convicted defendant must also serve 80% of any federal sentencing term, so it is never a good decision to settle for a public defender. Always choose an experienced federal case attorney like legal professional Louis J. Goodman who understands how to craft a solid defense against the U.S. Justice Department.

Word is that police arrested Tiger Woods for suspected DUI. News reports say that police smelled a strong odor of alcohol. The police say that Mr. Woods refused a chemical test and was “arrogant.” Tiger says he fell asleep because of prescription drugs he took for back pain.

As with most criminal incidents, there is a difference of opinion as to the facts and as to those facts ought to be viewed. I would respectfully note that there were also allegations of drug/alcohol use in the incident a few years ago when Tiger crashed his SUV into a fire hydrant and his then wife came out swinging with a golf club. There was no arrest in that circumstance but it led to a heap of family law trouble. (more…)

Spring break is a time to forget about school and enjoy being with friends and family. That fun can sometimes get a little too wild with you doing things that might end up with you being arrested. Each state has its own regulations about what you can and can’t do at local beaches or in state parks, but for the most part, there are a few common things that people do to get arrested during spring break. (more…)

Attorney Louis J. Goodman, answers the question, “When do you need an attorney?” Watch as he sheds light on this question.

Attorney Louis J. Goodman, speaks about state & federal prosecution. Watch as he sheds light on legal matters concerning this issue.

Attorney Louis J. Goodman, speaks about guns and gun charges in the State of California. Watch as he sheds light on legal matters concerning this issue.

Having some of the most stringent laws in the country, DUI charges in California carry a progressively harsh punishment involving various interconnected institutions.

Ultimately, penalties for driving under the influence (DUI) will be dependent on your individual circumstances and center around whether anyone was injured and if there are any prior DUIs on record. There is a 10 year look-back period for prior DUIs. This means the courts will take into consideration any DUIs that you may have on record over the prior 10 years. (more…)

Do I need an attorney to defend against federal criminal charges? While many of us have had slight brushes with the law, few have had contact with the federal criminal justice system. It’s likely that you would feel uncomfortable when faced with criminal charges, but charges at the federal level are even more complex and harrowing.

The nature and the structure of the federal criminal court system are unfamiliar because the rules and procedures are vastly differing from those on the state level. The justice system on the federal level is designed with one purpose in mind; punishment of the wrongdoer. The intended purpose of this punishment is to rehabilitate the offender or to deter him from future criminal acts. If all of this sounds frightening and overwhelming, it’s because it is. (more…)

 

Police Drones

The New Year will undoubtedly see an increase in the use of surveillance drones by law enforcement. Already in use by an increasingly militarized police community, these tools have the potential for enormous positive and negative impact. As with much new technology what is positive and what is negative is a matter of perspective. And as with much of new technology, numerous companies and designs compete for the attention of the law enforcement dollar. (more…)

During the New Year’s Holiday DUI arrests tend to double due to a number of reasons. While there is an increased number of intoxicated drivers during this time, there is also an escalation in the attentiveness of police officers. As a result, though many DUI arrests around the New Year’s Holiday are genuine, the number of inaccurate arrests also tends to go up.

If you have been arrested under suspicion of DUI, it is easy to feel alone and helpless in face of the charges against you. But please understand that this isn’t the case. After practicing criminal law exclusively for the past 20 years, I and my staff have extensive experience in helping individuals who find themselves in the same situation you are currently in.  (more…)