Legal Blog

“Violent Felony” And “Crime of Violence”: What Johnson v. United States Can Mean For Other Federal Criminal Statutes Involving Violent Crimes

In 2015, the Supreme Court decided Johnson v. United States. The decision struck down part of the federal Armed Career Criminal Act of 1984 (“ACCA”), which defined a legal term: “violent felony,” used for some federal crimes. As noted in a recent article from the Washington Post, hundreds, if not thousands, of prisoners can expect to have their prison sentences reduced

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Can the Government Freeze Assets I Need to Hire an Attorney ? 

In order to answer this question, it is important to recognize that under forfeiture law, there are two broad categories of assets: tainted and untainted assets. What are tainted assets? Tainted assets refer to assets that are in some way linked to the crime: either it can be “traced” to a crime, or was an “instrumentality” of the crime.  For

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Case Study: Guilty Plea in Alexandria Federal Court by Former TV Pundit

The Washington Post recently reported on a guilty plea in the Alexandria federal courthouse: read here. The initial reporting on the case focused on the allegation that the defendant, Wayne Simmons, falsely claimed to have been a CIA paramilitary operative. Federal prosecutors previously alleged through the indictment that Mr. Simmons never worked for the CIA. In the guilty plea, however, Mr. Simmons continues

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FAQ – Federal Bribery and Public Corruption Charges

FAQ – Federal Bribery and Public Corruption Charges What is a federal bribery charge? It is a federal crime to pay bribes or gratuities to public officials. 18 U.S.C. § 201. The federal government has in recent years aggressively prosecuted instances of bribery and gratuity payments to public officials. The Foreign Corrupt Practices Act (FCPA), 15 U.S.C. § 78dd et

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Targets, Subjects and Witnesses in Federal Criminal Investigations

Federal prosecutors and agents conducting criminal investigations often talk in terms of “targets”, “subjects”, and “witnesses.”  So what do these terms mean and why are they important? In laymans’ terms, a target is a person who the government has decided to prosecute if they can whereas a witness is a person the government believes is innocent but may have relevant

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Thoughts on the Fourth Circuit’s Ruling in the McDonnell Case

For a while things were going well for former Virginia Governor Bob McDonnell’s appeal of his convictions for corruption related offenses.  The Court allowed him to remain out of custody while the appeal was pending and the panel who heard his case – Judges Motz, King, and Thacker – was pretty favorable by Fourth Circuit standards. But the Court ruled

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Defending prescription drug cases in the federal courts

The dramatic increase in narcotic pain medication prescriptions in the United States over the last twenty some years has resulted in a thriving black market for these highly addictive drugs.  Prescription pain medications that are frequently abused include oxycontin or oxycodone, roxycodone, percocet, actiq, dilaudid, and many others.  Law enforcement has responded by aggressively investigating and prosecuting prescription drug cases.

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Pretrial Release in Federal Criminal Cases

If you or someone you know is facing, or may face, federal criminal charges, the first question is often: how to obtain pretrial release? If you know the federal criminal charges are coming in advance, your criminal attorney may be able to arrange for you to turn yourself in at a specific time and be released promptly.  However, in the

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Taking the Fifth Amendment as a Witness Before a Federal Grand Jury

If you are subpoenaed to testify before a federal grand jury, one important question is whether you can or should invoke your fifth amendment right against self incrimination. The Fifth Amendment is one of the most famous provisions of the constitution. It protects people from being forced to give testimony that could later be used to prosecute them. But how

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