Articles Tagged with Federal defense attorney

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In response to the shocking video of the apparent murder of George Floyd at the hands of Minneapolis police officers, people across the country have protested against police brutality and racism. Most of the protesters have been peaceful and well-intentioned, though some have unfortunately used the occasion as an opportunity for violence and looting. Recently, three people were notably arrested and charged in federal court in Brooklyn (the Eastern District of New York) for federal crimes relating to the use of explosive Molotov cocktails against NYPD vehicles. Samantha Shader, a woman from upstate New York, was arraigned on Monday and charged with Causing Damage by Fire in violation of 18 U.S.C. § 844(i). Astonishingly, two New York attorneys – Colinford Mattis and Urooj Rahman – have also been arrested for similar conduct and are presently awaiting their arraignment in federal court on presumably the same charge. It’s an unusual charge to see in federal court, but also an extremely serious one.

18 U.S.C. § 844(i) makes it a federal crime punishable between 5 and 20 years to “[m]aliciously damage[] or destroy[], or attempt to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.” (The penalties are higher when public safety officers sustain injuries).

According to the complaint (as well as video footage available on the Internet) – Ms. Shader allegedly threw a Molotov cocktail (a bottle of flammable beer containing a burning rag or cloth) through the window of a police vehicle while it was occupied by four police officers. Thankfully, no police officers were injured. According to the publicly-available complaint filed against her, Ms. Shader has also admitted to the conduct. In addition, it is alleged that just a few hours later, the two aforementioned lawyers threw similar Molotov cocktails into an empty NYPD vehicle in Brooklyn.

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A charge of 18 USC Section 924(c) for using or possessing a firearm in the course of drug trafficking or some other violent crime is a common criminal charge in federal court. The charge also carries very significant potential penalties that must run consecutive any other sentences imposed for other related crimes. Thus, if you or a loved one have been arrested or indicted for this crime, you should seriously consider retaining an aggressive and experienced federal criminal defense attorney like Matthew Galluzzo.

The statute reads as follows (18 U.S.C. § 924(c)(1)):

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A huge percentage of the criminal cases in federal court involve charges relating to the trafficking of drugs, narcotics, and controlled substances. Convictions for these crimes carry serious penalties and sometimes involve mandatory minimum prison sentences. Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC 841, which makes it a crime to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance. Section 841(b) sets forth the potential penalties for this offense, and it depends primarily upon the quantity of controlled substance possessed/distributed in the aggregate. What matters for sentencing purposes is not the number of transactions or the frequency of the activity, but the total volume of drugs possessed or distributed over time. If the quantities involved surpass a certain threshold (depending on the drug), as set forth in Section 841(b), then there can be serious mandatory minimum prison sentences for the offenders. Those mandatory minimum sentences notwithstanding, the potential penalties for these offenses are governed by the complex system set forth in the federal sentencing guidelines. For more on the federal sentencing guidelines, click here.

Federal cases involving narcotics charges typically are the result of long-term investigations by the FBI, the DEA, Homeland Security, or a joint task force involving local police like the NYPD. As such, there are oftentimes wiretaps, surveillance tapes, confidential informants, and search warrants. An effective defense requires an attorney who can review the evidence and the law enforcement processes to determine whether any constitutional rights were violated.

Many unfortunate individuals never actually possessed or distributed narcotics but nonetheless find themselves charged in federal court on account of the conspiracy laws encapsulated in 21 USC 846. That statute explains: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Basically, this means that a person who plays any knowing role whatsoever in another person’s illegal business is criminally liable for the entirety of that conduct. For example, a person who introduces two people for the purpose of a drug transaction can be expected to be charged as an equal to whatever drug transaction ultimately occurred. A person who acts as a lookout during a drug transaction could be treated as equally culpable to the seller of the narcotics. A person who simply rents an apartment to someone whom he knows is dealing drugs from the apartment could be guilty of “conspiring” to assist the dealer. These are just a few examples of people who could be charged in ways that seem unfair in light of their relatively modest role in the crime. We have however defended many girlfriends of drug dealers and casual acquaintances of true criminals who have found themselves knee-deep in serious federal cases after having had only fleeting or tangential involvement in the cases. But this is the reality of federal conspiracy law.

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Most people do not realize that it is a federal crime to lie to a federal law enforcement agent. However, 18 U.S.C. § 1001 makes it a federal felony, punishable by up to five years in prison (or 8 years for a case involving terrorism), to “knowingly and willfully falsify, conceal, or cover[] up any trick, scheme or device a material fact… or make[] any materially false, fictitious, or fraudulent statement or representation” in regards to a federal law enforcement investigation. It also prohibits the knowing and willful making or using of any “false writing or documents containing the same to contain any materially false, fictitious, or fraudulent statement or entry.” Thus, for example, a criminal suspect who lies when questioned by an FBI agent can be guilty of a serious crime, even if that suspect is not actually guilty of the underlying crime for which he was being investigated. This situation often arises when people who have received subpoenas from law enforcement agents unfortunately sometimes agree to speak with agents or prosecutors but then make statements that those agents later discover to be untrue.

Most of the time however, people accused of this crime are frequently also charged with other crimes, too. For example, this charge is frequently brought against those who lie to U.S. Customs officials about their possession of cash, in conjunction with a charge of 31 USC § 5361(a)(1)(A). It is also common in health care fraud matters for a defendant to be charged with violating both 18 U.S.C. § 1035 – making false statements relating to health care matters – as well as 18 U.S.C. § 1001. In any case, the additional charge for making false statements may not be as serious as the underlying crime for which the defendant was originally investigated, but the fact that the defendant lied to law enforcement can be viewed as an “aggravating factor” by the judge at sentencing, meaning that it could seriously increase the ultimate sentence that the defendant will serve.

Though the maximum possible statutory penalty for this offense is five years in prison, pursuant to the Federal Sentencing Guidelines, the base offense level for this crime is 6. This base offense level means that a person convicted of this crime (and this crime alone) is more likely to receive a sentence of between 0 to 6 months in prison.

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