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Category: Corporate Fraud | Federal Criminal Law
Historically, federal prosecutors have three ways to handle criminal cases: decline to prosecute, secure a plea agreement, or try the case before a judge or jury.
Deferred Prosecutions
The Speedy Trial Act of 1974, which is found in…
Category: Federal Criminal Law | Healthcare Fraud
The Sixth Amendment right to counsel in this country is constitutionally sacrosanct.
It has long been popularly believed that every person in America has an undeniable right to retain the counsel of their choice; that the Government does not…
Category: Appeals | Federal Criminal Law | Sex Crimes
For many sex offenders, the prospect of registration for life is actually worse than imprisonment. Many offenders complain they can never pay their debt to society or be free of their past crimes, no matter how successful their rehabilitation. May…
Category: Drug Crime | Drug Trafficking | Federal Criminal Law
U.S. Sentencing Guideline § 2D1.1(a)(2) applies a base “base offense level” of 38 in certain drug cases when “the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance …”
On March…
Category: Drug Crime | Federal Criminal Law | Methamphetamines
Ralph Gene Carloss lived in Tahlequah, Oklahoma—a city in Cherokee County located at the foothills of the Ozark Mountains. He is an ex-felon who lived in a single-family dwelling located in what was described as a “pretty old area” in…
Category: Appeals | Federal Criminal Law | Internet Sex Crimes
There is no doubt that Melvin Hubert Holmes took videos of his teenage stepdaughter in various stages of undress without her knowledge. The images were captured in the victim’s bathroom and bedroom. The images depicted the victim in normal, though…
Category: Drug Crime | Federal Criminal Law | Guns
In 2014, the U.S. Supreme Court in Riley v. California held that the police, acting without a warrant, generally may not examine digital information stored on a cell phone seized during an arrest.
When a defendant is released on…
The U.S. Justice Department prosecutes computer crimes, more commonly known as cybercrime, under three different sections of federal law.
First, there is the Computer Fraud and Abuse Act of 1986 (CFAA), codified in 18 U.S.C. Sec. 1030, covers nine…
The difference between federal and state crimes is oftentimes complicated. The charging, and prosecution, mechanisms in both legal jurisdictions are similar in some respects but starkly different in others.
For example, the U.S. Justice Department, through binding policy statements,…
Category: Federal Criminal Law | Guns
Rocky Joe Houston, and his brother Leon, do not like the government, and in particular do not like the police.
In May 2006 the brothers shot and killed Roane County Deputy Bill Jones and his ride-along friend Mike Brown,…
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