Our goal is to provide you with the most vigorous defense of your Constitutional rights possible. To that end, read about some of our victories here. There will be motions along the way and if we can get charges dropped or reduced, we will. Stay silent.įrom the start, we are going to mount an investigation with a view to going to court. You have taken a big first swing in your defense. If you refuse to answer police interrogation questions, all the better. Planning Your Defense to Federal RICO ChargesĪs stated, we start your defense the moment you call. Thus, you may not even have to enter a plea. During this time, it will be our hope to find exculpatory information which will persuade Federal prosecutor’s to drop the charges. At Robert J Callahan and Associates Criminal Defense Law Firm, we believe in conducting a thorough, independent investigation. In fact, the more time between the arrest and indictment the better. Regardless of when the arraignment is to occur, it is best to get started on a defense strategy right away. Code § 3161 states that the general time frame requires an indictment within 30 days of arrest, barring valid reasons for an extension. This is the time to enter your plea of “Not Guilty, Your Honor.” Generally, your arraignment will occur within a few days, though sometimes a bit longer, depending on a number of factors. Pleading “Not Guilty” to RICO May be the First StepĪfter your arrest, you will then need to appear before a judge to be arraigned. Give them the information to which they have a right: Your name, your date of birth, your address, perhaps your driver’s license number. You may believe you are helping clear your name what you are actually doing is helping build a case against you. That bit in the Miranda warning about “what you say can and will be used against you” is true. If you believe that you are the target of the investigation, do not answer questions. If you have been brought into the station for questioning or are expecting to be brought in, call us immediately. Thus, once you are charged there is usually enough evidence to convict unless a vigorous, expert defense is mounted. Now What?Īlthough evidence may be slight, the Federal prosecutors generally do not bring RICO charges unless they are fairly certain their case is strong. Often, these charges are brought up on the slightest of evidence, but short of expert help, the charges could stick. In fact, anyone who holds a leadership position could potentially face RICO charges. To date, RICO Charges have been leveled against, In fact, some of the RICO charges have been silly, others not so much. The existing laws did not allow for such connections.Īfter passage of the RICO Act, the Federal government began to prosecute not only traditional organized crime heads, but also heads of church, activist leaders, and more. The reason the RICO Act was created was because law enforcement was unable to tie organized crime leaders to the crimes they ordered. There must be two or more of the offenses present over a ten-year period for the Feds to charge someone with RICO. However, there are actually 35 specific laws which encompass the overall RICO offense pattern. RICO charges are often simply referred to as Racketeering. RICO Charges Include 35 Distinct Crimes to Form a Criminal Conspiracy Pattern The headlines were exactly what both politicians and the public wanted. Almost immediately, the Federal government became involved in a number of high-profile cases involving organized crime families from New York City to L.A. Congress passed the Act and the results have been nothing short of revolutionary. The RICO Act was a part of an effort by Federal law enforcement to fight organized crime. The law provides for special conspiracy charges against persons suspected to be directly connected, though not directly involved in criminal offenses. RICO is short for the Racketeer Influenced and Corrupt Organizations Act.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |