Case Results

Who Can Appeal a Federal Case?

The federal legal system is designed to ensure justice, but even well-run trials can result in errors or disputes that warrant further examination. When a party feels that justice wasn’t served, they may consider filing an appeal.

However, not everyone involved in a federal case can file an appeal, and the process is complex. Understanding who can appeal a federal case and the grounds for doing so can determine your next steps, along with the help of an attorney.

Who Can Appeal a Federal Case?

Not all parties in a federal case can file an appeal, and there are limits to what can be challenged. Generally, individuals or entities directly affected by a trial court’s decision have standing to appeal. This includes

Defendants in Criminal Cases

Defendants convicted of a federal crime can appeal if they believe legal errors, constitutional violations, or sentencing issues marred their trial. For instance, if a judge admitted inadmissible evidence or imposed a sentence that exceeded legal limits, the defendant may have grounds to challenge the decision.

However, the appeal must be based on identifiable errors in the trial record; simply disagreeing with the outcome is insufficient. For defendants, filing an appeal can mean the possibility of a new trial, a reduced sentence, or even overturning the conviction.

Prosecutors in Criminal Cases

The prosecution’s ability to appeal in federal criminal cases is more limited. They generally cannot appeal a not-guilty verdict due to constitutional protections against double jeopardy.

However, they can challenge certain rulings, such as the suppression of evidence or sentencing decisions, if those rulings are deemed legally erroneous.

These appeals often occur when the prosecution argues that the trial court misapplied the law in a way that impacts future cases.

Parties in Civil Cases

In civil cases, either party can appeal a judgment if they are dissatisfied with the trial court’s decision and believe an error affected the outcome. This includes disputes over the interpretation of statutes, the admissibility of evidence, or procedural issues that impacted the trial’s fairness.

What Are the Grounds for Filing a Federal Appeal?

Appeals focus on identifying errors in the trial court’s application of the law rather than rearguing the facts of the case. Common grounds for federal appeals include:

• Legal errors, such as incorrect jury instructions or improper admission of evidence
• Constitutional violations, such as denial of due process or unlawful searches
• Sentencing errors, like misapplication of federal sentencing guidelines or excessive sentences
• Procedural irregularities, including errors in jury selection or mishandling of pre-trial motions

How Does the Federal Appeals Process Work?

The federal appeals process is designed to ensure that the law was applied correctly in the trial court. Below is an overview of the key steps:

1. Filing a Notice of Appeal

Strict procedural rules govern the process regardless of who is filing the appeal. Appeals must generally be initiated within 30 days of the trial court’s judgment in civil cases or 14 days in criminal cases.

The appellant must also ensure all necessary documentation, including a notice of appeal and relevant trial records, is filed on time to avoid forfeiting their right to appeal.

2. Preparing the Trial Record and Briefs

The trial record includes all transcripts, evidence, and documents from the original case. The brief is a written argument submitted by the appellant (the party filing the appeal) explaining why the trial court’s decision should be reversed. The opposing party files a response brief defending the trial court’s ruling.

3. Oral Arguments

In some cases, the appellate court schedules oral arguments where lawyers for both sides present their positions and answer the judges’ questions. However, many appeals are decided based solely on the written briefs and trial record.

4. Possible Outcomes of the Court’s Decision

After reviewing the case, the appellate court issues a written decision, which may:

Affirm

One possible outcome is that the appellate court affirms the lower court’s decision, meaning it agrees with the trial court’s ruling and upholds the original judgment. In this case, the trial court’s verdict remains in effect, and any sentences or judgments imposed are enforced.

Reversal

Alternatively, the appellate court may reverse the lower court’s decision, finding that a significant legal error occurred that impacted the trial’s outcome. A reversal often leads to the dismissal of charges, a new trial, or a modified judgment, depending on the nature of the error.

Remand

Sometimes, the appellate court may remand the case back to the trial court for further proceedings. A remand typically occurs when the appellate judges identify errors that need correction but believe the trial court is best equipped to address them, such as reevaluating evidence or issuing a new sentence.

Why Work with An Appellate Attorney?

Navigating a federal appeal requires a precise understanding of appellate law, strict procedural deadlines, and the ability to craft persuasive legal arguments. Experienced appellate attorneys specialize in identifying trial errors, writing compelling briefs, and strategically presenting cases to appellate judges.

Their knowledge ensures that key arguments are communicated effectively to increase the likelihood of a favorable outcome. Without professional guidance, you could risk procedural missteps and missed opportunities to challenge critical trial court decisions.

Questions about Appeals? Contact Harrison & Hart LLC

Filing a federal appeal is not about dissatisfaction with a verdict but about identifying and challenging legal or procedural errors. Only specific parties can appeal, and the grounds must be rooted in legal errors or violations of rights.

Given the high stakes and complexities of federal appeals, working with an experienced appellate lawyer is essential. Harrison & Hart LLC is highly experienced in federal appeals and dedicated to helping clients navigate this challenging process.

Contact us today or call 505-295-3261 for a consultation.

Your Rights During a Police Stop in New Mexico

Understanding what New Mexico police officers can and cannot do during a stop empowers you to interact confidently and protects you from legal ramifications. Here’s what you need to know about your rights during a police stop.

Understanding the Reasons for a Traffic Stop

The Fourth Amendment to the U.S. Constitution safeguards citizens from unreasonable searches and seizures. New Mexico upholds these protections, and law enforcement officers must have reasonable suspicion or probable cause to stop you on foot or in a vehicle.

Reasonable Suspicion

This legal standard allows an officer to briefly detain an individual if they have a reasonable suspicion that you have violated a traffic law or committed a crime. For example, an officer may observe erratic driving behavior or a vehicle with an expired registration, warranting further investigation.

Probable Cause

A higher legal threshold than reasonable suspicion, probable cause exists when an officer has sufficient evidence or facts to believe that a crime has been, or is being, committed. This could include witnessing a traffic violation such as running a red light or observing contraband in plain view.

Interacting with NM Law Enforcement: Dos and Don’ts

Although you might feel stressed and anxious if pulled over, it is crucial to conduct yourself to promote a safe and lawful interaction with the officer. Here are some dos and don’ts to keep in mind:

Remain Calm and Respectful

Regardless of what led to the stop, it is imperative to remain calm and follow the officer’s instructions. Avoid sudden movements or confrontational behavior that could escalate the situation.

While you have the right to assert your constitutional protections, it’s best to do so respectfully and without hostility. Verbal aggression or non-compliance can potentially lead to additional charges or complications.

Present Your ID When Asked

You are obligated to identify yourself and provide your driver’s license and registration upon request. However, you are not required to answer any questions unrelated to the reason for the stop.

Assert Your Rights to Protect Yourself

You have the Fifth Amendment right to refrain from answering questions that could potentially incriminate you. If the officer begins questioning you about potential criminal activity, you can politely invoke your right to remain silent.

Additionally, in New Mexico, you have the right to record the encounter, provided it does not interfere with the officer’s duties. This recording can serve as an important piece of evidence should you need to contest any part of the stop later.

What to Do after the Stop

After the police stop has concluded, it is vital to document the incident as soon as possible. Write down everything you remember, including the officers’ names, badge numbers, and the sequence of events.

The Legalities of Searches and Seizures

During a police stop, officers may attempt to search your vehicle or person. They can do this in a few ways:

Consent Searches

Law enforcement officers may request your consent to search your vehicle or belongings. However, you have the right to refuse such a request. An officer cannot legally conduct a search without your voluntary consent unless they have probable cause or a valid search warrant.

Probable Cause Searches

If an officer has probable cause to believe that evidence of a crime or contraband is present in your vehicle, they may legally conduct a search without your consent or a warrant, under certain circumstances.

Search Warrant Requirements

In the absence of probable cause or your voluntary consent, an officer must obtain a valid search warrant from a judge before conducting a search of your vehicle or property. This warrant must be based on sworn testimony and specify the areas and items to be searched.

When Should You Call a Lawyer if You’re Stopped?

One of your most fundamental constitutional protections is the right to legal counsel, which can be invoked during a police stop or subsequent questioning.

Securing legal representation as soon as possible can help protect your rights and ensure that you navigate the legal process effectively. An experienced criminal defense attorney can advise you on the best course of action and represent your interests throughout the proceedings.

If an officer attempts to question you about potential criminal activity, you have the right to invoke your right to legal counsel. You can politely state that you wish to exercise your right to an attorney and refrain from answering any further questions until your legal representative is present.

What Happens if You Don’t Comply at a Traffic Stop?

While asserting your rights is crucial, it is equally important to comply with lawful orders and instructions from law enforcement officers. Non-compliance can escalate the situation unnecessarily, potentially leading to charges for:

Resisting Arrest

If an officer has probable cause to arrest you and you resist or obstruct the arrest, you may face additional charges for resisting arrest or obstructing an officer.

Uncooperative Behavior

Depending on the circumstances, non-compliance or uncooperative behavior during a police stop could potentially lead to charges such as disorderly conduct, failure to obey a lawful order, or other related offenses.

Call Harrison & Hart if Your Rights Were Violated During a Traffic Stop

Navigating a police stop can be a complex and potentially stressful situation, but understanding and asserting your constitutional rights is crucial to protecting your civil liberties.

If you have been arrested or believe your rights were violated during a police interaction, contact the experienced New Mexico criminal defense lawyers of Harrison & Hart today. We are committed to protecting your rights and will fight to ensure you are treated fairly throughout the legal process.

Call 505-295-3261 today or contact us to schedule an initial consultation.

New Federal Sentencing Guidelines: Can You Get a Sentence Reduction?

In August 2023, the U.S. Sentencing Commission made significant changes to the federal sentencing guidelines that could result in shorter prison sentences for thousands of individuals. If you have a loved one who is currently incarcerated or awaiting sentencing, it’s crucial to understand these revisions and how they might impact their case.

If you believe your loved one may qualify for a sentence reduction under the updated guidelines, seek legal assistance from an experienced criminal defense attorney at Harrison & Hart. We can review your loved one’s case, determine their eligibility, and guide you through the process of applying for a reduced sentence.

Understand the Key Changes

The most notable update relates to how a defendant’s criminal history is factored into their sentence. Previously, individuals with no prior criminal records (known as “zero-point offenders”) were treated the same as those with criminal histories when calculating their sentencing range.

However, under the new federal guidelines, zero-point offenders whose offenses did not involve aggravating factors like violence or firearms will have their offense levels reduced by two levels. This change could potentially reduce sentences by months or even years for some offenders.

When Will the Changes Take Effect?

The new amendments went into effect on November 1, 2023, for those awaiting sentencing. For individuals already incarcerated, the changes applied retroactively starting on February 1, 2024. The three-month delay was intended to allow those released early to receive necessary reentry programs and transitional services, promoting their successful reintegration into society and enhancing public safety.

Who Can Seek a Reduced Sentence?

The amendments aim to increase fairness and reduce overly harsh sentences, particularly for non-violent, first-time offenders. Those convicted of lower-level drug offenses or white-collar crimes are among those who could benefit the most from these changes.

However, not everyone will qualify for a sentence reduction. To be eligible, defendants must meet specific criteria, including:

• Having no prior criminal history points
• Not having committed offenses involving terrorism, hate crimes, sex offenses, civil rights violations, or continuing criminal enterprises
• Not having caused death, serious injury, or substantial financial hardship in connection with the offense
• Not having possessed or used firearms or other dangerous weapons during the offense

If your loved one meets these qualifications, they may be eligible for a reduced sentence under the new guidelines.

How Will These Changes Help?

The updates to the federal sentencing guidelines don’t just impact future cases – they also provide a path for thousands of currently incarcerated individuals to potentially get their sentences reduced retroactively.

However, implementing retroactive sentence reductions is a major undertaking. The U.S. Sentencing Commission recognized that the courts and prison system would need adequate time to review petitions and prepare for the safe release and reentry of those receiving reduced sentences.

That’s why they built in a 3-month delay, setting the effective date for retroactive application as February 1, 2024. This will allow all parties involved – judges, lawyers, prison officials, and more – to get ready for the changes.

How Many People Will Be Affected?

So how many people might benefit from getting their sentences reduced retroactively? According to the Commission’s estimates from July 2023:

• 11,495 currently incarcerated individuals could have their sentencing range lowered under the “status points” provisions, resulting in an average 11.7% reduction in their sentence lengths.
• 7,272 currently incarcerated individuals are expected to be eligible for reduced sentencing ranges as “zero-point offenders” with no prior criminal histories. For them, the average sentence reduction could be a substantial 17.6%.

These numbers represent thousands of people, many of them likely non-violent offenders, who may get a second chance thanks to the revised guidelines promoting more proportional sentencing.

The Commission carefully analyzed this issue from all angles before voting to apply the changes retroactively. They reviewed data, heard testimony from experts and stakeholders across the legal system, and ultimately concluded that reducing excessive sentences would increase fairness while maintaining public safety.

Get Help from a Criminal Defense Attorney with Harrison & Hart Today

At Harrison & Hart LLC, our team of dedicated attorneys is well-versed in the intricacies of the federal sentencing guidelines and committed to fighting for the rights of our clients and their families. We understand the profound impact these changes can have on your loved one’s future, and we’re here to help you navigate this opportunity.

Contact us today at (505) 295-3261 for a free consultation and let us explore the possibilities of a reduced sentence for your loved one under the new federal sentencing guidelines.

What Charges Could You Face for PPP Fraud?

The COVID-19 pandemic brought a lot of uncertainty with it. Businesses shut down and employers sought relief. The federal government provided an avenue for relief with the Paycheck Protection Program. With $800 billion set aside, the PPP loans were intended to be low-interest, forgivable loans to help businesses keep employees paid through closures and to avoid layoffs.

In its first year, more than $2.2 billion in loans were approved in New Mexico, covering 270,000 jobs. The program ended in 2021, but the federal government is working to uncover fraudulent loans. Officials within the Small Business Administration, who oversaw the loans, suspect that at least 70,000 loans were fraudulent.

Anyone suspected of fraud faces federal charges which carry hefty penalties, including fines and federal prison sentences. Learn more about potential criminal charges and how to defend yourself if you’re accused.

What Kinds of Fraud are Associated with PPP Loans?

Fraud defines the act of misrepresenting facts to deceive someone else for personal gain. You could be accused of fraud for lying in a contract or giving statements with false information.

If you’ve been accused of fraud on your PPP loan, you might have been accused of one of the following:

• Application fraud: you’re accused of providing false information on your loan application. You might have lied about the number of employees, your company’s revenue, or salaries. Companies convicted of application fraud have been found to list some employees as independent contractors to meet the “fewer than 500” employee limit.
• Fraudulent use: you’re accused of misusing the funds provided with the loan. They were intended to pay your expenses — rent, payroll, insurance, or utilities. People convicted of misusing frauds used them for personal expenses or buying luxury items. Basically, using funds for anything that wasn’t a legitimate business expense could qualify as fraudulent use.
• Fraudulent loan forgiveness certification: you’re accused of presenting false information during the loan certification process. When you’re seeking loan forgiveness, you have to prove you needed the loan because of the pandemic. You also have to show you used the funds as intended. You have to show you were only given one loan.
• Fraudulent loan stacking: you’re accused of going to more than one lender, which is prohibited by the PPP program. Some applicants for the loans falsely applied using stolen identifications.

Criminal Charges Associated with PPP Fraud

PPP fraud is a serious allegation, one that carries severe consequences. If you’re accused of committing PPP fraud, you could be charged with federal felonies. If convicted, you’ll face fines, time in federal prison, or be forced to pay back the funds you received in your loan.

Federal charges for PPP fraud include:

• Making a false statement (18 U.S. Code § 1001): This charge happens if you omit, misrepresent, or use a fraudulent document while applying for or certifying your loan. It means you made your statement knowingly and willfully intended to deceive a government agent. If convicted, you could be sentenced to five years of prison.
• Conspiracy to Commit (18 U.S. Code § 371): You can be charged for conspiracy if you and at least one other person or company work together to defraud the US government when applying or certifying your PPP loan. If convicted, you face a maximum of 30 years and up to $1 million in fines. This charge can be added to others.
• Bank fraud (18 U.S. Code § 1344): These types of charges happen if you seek to obtain funds through false information or deception. If you apply for a loan with false information or forged documents, you might be accused of bank fraud. If convicted, you could go to prison for a maximum of 30 years and face fines of up to $1 million.
• Wire fraud (18 U.S. Code § 1343): If you used electronic communication means to commit PPP fraud, you could be charged with wire fraud. You could have sent e-mails for your application, lied during phone calls, or used other methods to discuss or commit fraud. If you’re convicted of wire fraud, you could face up to 20 years in a federal prison and fines up to $250,000.
• Aggravated Identity Theft (18 U.S. Code § 1028A): When someone knowingly uses another person’s identity to commit PPP fraud, they could be accused of felony identity theft. If convicted, they could be sentenced to two years in prison on top of any other felony sentences.

Besides criminal convictions, you could be forced to pay back your loan in full. Hiring a lawyer to help establish a defense is your best bet to avoid significant penalties.

Defenses Against PPP Fraud Accusations

Just because you’ve been accused of committing PPP fraud, you are considered innocent until proven guilty. There are arguments you can make against the allegations against you, including:

• Lack of intent: PPP loans are complicated. There are several regulations for you to follow. If you can prove that you did not intend to break the law or defraud the government, you could see your charges dropped or reduced.
• Insufficient evidence: Like other criminal investigations, the federal government will need to build a case against you. They must prove to a judge or jury that you committed fraud beyond a reasonable doubt. If the prosecution does not find enough evidence to show you committed fraud or if you can introduce doubt to their arguments, you could get your charges dismissed or dropped.

When you’re facing federal felony charges, a conviction could do more than inconvenience you. It could totally disrupt your life. You’re facing fines on top of paying back your loan, and possible decades of prison time. It’s critical that you find an attorney who is ready to help you defend yourself.

Why Should I Hire a Lawyer?

PPP fraud charges can seriously affect your life. A criminal defense lawyer with experience fighting federal cases could make all the difference in your case. You should find an Albuquerque defense lawyer ready to fight for you.

Your attorney can guide you through the legal nuances to dispute your PPP fraud charges. They’ll be able to investigate the charges, find the evidence you need to get your charges reduced or dropped.

Start Your Fraud Charges Defense Today

PPP fraud charges are serious allegations of wrongdoing, and you could be facing an upheaval of significant proportions. If you’ve been accused of trying to defraud the government, turn to a reliable New Mexico criminal defense attorney. The team at Harrison & Hart, LLC, are prepared to hear your story and get started on your defense.

We will work to protect your rights and clear your name. Call (505) 295-3261 or contact us online.

You Have Received A Federal Target Letter, Now What?

Have you recently received a federal target letter? If so, you may initially feel intimidated, overwhelmed, and unsure of your next steps.

Although a federal target letter is not something you need to be overly concerned about, it is essential to understand what this letter means and what the court system expects of you.

What is a Federal Target Letter?

A federal target letter is a formal notice from the United States government that you are being called to testify before a federal grand jury. This could be because the prosecutor believes you have information or knowledge of the criminal activity or participated in a criminal event.

Once you receive a federal target letter, you must get a criminal defense attorney. The target letter should describe the alleged crimes the prosecutor is investigating.

After receiving a target letter, it is crucial that you not attempt to hide or destroy any evidence that could be related to the criminal offenses in question. Remember, you can avoid self-incrimination by remaining silent or refusing to answer questions during the grand jury proceedings.

Why Do Prosecutors Send Target Letters?

Prosecutors send target letters to notify witnesses or other parties involved in criminal activity that they will be called to testify in a grand jury. It allows you to retain a criminal defense lawyer or secure a public defender.

This is also a chance to start cooperating with prosecutors and work on obtaining a plea agreement to avoid trial altogether. If you receive the federal target letter, chances are, you will be subpoenaed to testify if there is a trial.

Does a Target Letter Mean Indictment?

Prosecutors send target letters to anyone who is the subject of, involved in, or the target of a grand jury investigation. The target of the investigation is someone the prosecutor believes is linked to a criminal offense.

Alternatively, suppose you are considered the subject of a target letter. In that case, it means that the prosecutor believes you might have information that could be used to aid in the government’s federal investigation.

A target letter does not necessarily mean you will be indicted for a criminal offense. However, if you are the target of the letter, you will likely be charged with a federal crime. Since a target letter can potentially avoid a trial, your federal criminal defense attorney can help you explore your options and work on obtaining a plea agreement, re-classifying you as a subject instead of a witness, or dismissing the case altogether.

What Types of Crimes Warrant Target Letters?

Nearly any type of federal criminal offense could warrant a target letter. However, since the federal government focuses significantly on white-collar crimes, these are some of the most prevalent cases target letter subjects wind up involved in.

White-collar crimes are non-violent offenses, but that does not mean that no victims have suffered considerably. Examples of white-collar crimes could include:

• Embezzlement
• Bribery
• Insider trading
• Wage theft
• Fraud
• Ponzi schemes
• Falsification of financial records

The federal government also focuses on any type of criminal activity designed to conceal fraud or interfere with government regulatory agencies, such as the U.S. Securities and Exchange Commission (SEC).

What Should You Do if You Receive a Target Letter?

Immediately after receiving a target letter, if you do not yet have a criminal defense attorney working for you, now is the time to hire one to advocate for your interests. You should be prepared to comply with the requests within your target letter.

Often, the target letter will simply request you testify before a grand jury. In others, you may be invited to attend a meeting with the prosecutor handling a specific criminal case. Do not reach out to the prosecutor’s office without having a criminal defense lawyer on your side.

Otherwise, you could be putting yourself at risk. Remember, anything you say and do could be misinterpreted, misconstrued, or used against you if prosecutors believe it will help their criminal investigation. Make sure you have an experienced federal criminal defense attorney on your side who understands the intricacies of federal target letters and how to resolve them most efficiently.

Get Help From a Criminal Defense Attorney Today

When you receive a federal target letter, your criminal defense lawyer will be responsible for contacting the prosecutor overseeing the case to determine what is expected of you. Your lawyer will help you determine why you received a federal target letter and the steps you need to take to resolve the case entirely or avoid indictment.

Reach out to an experienced and aggressive criminal defense attorney at Harrison & Hart, LLC to learn more. You can reach us through our confidential contact form or by phone at (505) 295-3261 to get started on your case as soon as today.

A Complete Guide to RICO Charges

When criminal organizations or enterprises commit certain offenses, they can face charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO charges can carry some of the most severe consequences of all criminal charges.

Suppose you face allegations under the RICO Act. In that case, you must understand the extent of the charges you are facing, your potential penalties, and which defenses are most likely to produce a favorable outcome. With that in mind, check out this complete guide to RICO charges.

What is a RICO Charge?

RICO charges reduce the number of crimes committed by criminal enterprises and organizations. Generally, for a RICO charge to apply, the prosecutor must prove that there has been a pattern of illegal activity, including at least two RICO crimes over the last ten years.

The crimes do not need to be two separate offenses but rather two individual criminal acts. An example may be two instances of embezzlement, bribery, and extortion.

Common Types of RICO Charges

Several types of crimes could be charged under the RICO Act. Examples of such offenses include the following:

• Arson
• Bribery
• Counterfeiting
• Dealing in obscene matter
• Dealing controlled substances or chemicals
• Embezzlement
• Extortion
• Fraud
• Gambling
• Kidnapping
• Money laundering
• Murder
• Obstruction of justice
• Terrorism
• Theft
• Trafficking controlled substances or chemicals
• Transporting stolen goods

Generally, RICO charges will apply when prosecutors believe a pattern of criminal offenses connects with the mafia, a criminal organization, or an enterprise. Criminal organizations and enterprises will include two or more individuals who work together to commit specific criminal offenses.

Those involved do not necessarily need to have an existing relationship. As long as they are connected to the enterprise or organization, they can still face charges under the RICO Act.

What Are the Penalties for RICO Charges?

The consequences you face if convicted of a RICO offense vary depending on the criminal offense you are charged with, your cooperation with law enforcement, your criminal record, and other factors.

However, RICO charges often carry more severe penalties than misdemeanor or felony charges. Generally, you can expect to spend up to 20 years in prison and pay fines as high as $25,000. However, if the offense in question has a maximum sentence of more than 20 years, additional penalties may apply, including life imprisonment.

You Could Face Federal Penalties

The RICO Act applies to state and federal laws, so you can expect to be prosecuted federally if you are charged with a RICO offense. This means you could face time in a federal prison, which could take you further away from your family and friends.

Additional Consequences for RICO Charges

Additionally, you can expect your assets and property to be seized, fines to be imposed, restitution to be ordered, community service hours to be set, and your professional reputation to be destroyed.

How to Defend Against Racketeering Charges

You must take action to clear your name when you have been charged with racketeering or another type of RICO offense. In some instances, the prosecutor may be willing to allow you to enter a plea agreement if you agree to further aid them in their investigation.

Other times, your attorney must carefully scrutinize the details of your case to determine how to approach your defense. Suppose your constitutional rights were violated because law enforcement did not read your Miranda rights, conducted an illegal search, or violated other procedural rules and regulations. In that case, the charges against you could be dismissed altogether.

Other potential defenses that could be used to help clear your name of the RICO charges against you include:

• Lack of sufficient evidence
• Lack of intent to commit a crime
• Mistaken identity
• You are not a part of a criminal organization or enterprise
• There is no pattern of criminal activities

Famous RICO Cases

RICO crimes involve individuals who participate in criminal organizations and enterprises. For this reason, there are certain types of RICO cases that have become widely known. For example, you may have heard in the headlines about murder-for-hire plots, weapons trafficking, human trafficking, or the transportation of stolen goods.

However, many other types of RICO charges can also grab the public’s attention. Most notably, cases of extortion and bribery of public officials are often considered RICO violations. This can include making bribes to judges, law enforcement officials, elected officials, and other trusted parties.

If you are facing RICO charges, the last thing you want is for your case to make headlines. The more scrutiny on your case, the more difficult it will be to get it heard by a group of impartial jurors.

Contact a Racketeering Lawyer for Help Today

If you have been accused of committing a RICO offense, you must retain an experienced criminal defender if you hope to clear your name of the charges against you.

Find out what’s next for your defense when you reach out to a reputable RICO attorney at Harrison & Hart for a confidential case review. You can reach us through our secure contact form or by calling (505) 295-3261 to start working on your defense as soon as today.

What Constitutes Illegal Search and Seizure in New Mexico?

The Fourth Amendment to the U.S. Constitution protects the privacy of all citizens. You have a right against unreasonable searches and seizures of your personal property from your person, home, business, and other places where you can reasonably expect privacy. There are legal safeguards to protect your privacy against illegal searches and seizures.

New Mexico Search and Seizure Laws

Both state and federal laws protect you against illegal searches and seizures. You cannot be searched, and your property cannot be taken unless law enforcement has probable cause to believe that a crime has been committed.

However, specific wording in the New Mexico state constitution makes the application of this 4^th Amendment right unique. This wording led to a definitive ruling in the case State v. Gomez.

Because of this case and others, “application of the New Mexico Constitution’s protections regarding search and seizure can lead to better outcomes for criminal defendants than the application of the Fourth Amendment protections enshrined in the U.S. Constitution.” In other words, the New Mexico Constitution offers you more protection than does the U.S. Constitution.

When Is a Warrant Needed?

In most situations, law enforcement must have a search warrant to search a person or their property and seize property.

If an officer has information that indicates you may be involved in a crime, they must seek a warrant from the court. Their request must have enough information to show probable cause that a crime was committed.

If officers want to search a specific person or location, they must have information showing that the person or place was involved in the crime. A police officer cannot just get a warrant based on a hunch.

Exceptions to When a Warrant is Needed

There are some exceptions to when a warrant is necessary, including:

• The circumstances are emergent
• The search will protect law enforcement or others from immediate harm
• Evidence is in plain view of an officer
• An officer is making an inventory of things collected during an arrest (all other regulations must be followed)
• The person voluntarily consented to a search

If any exceptions apply, a police officer or investigator may perform a search. If they find illegal objects, they can seize them under these circumstances.

When Is a Search and Seizure Illegal in New Mexico?

A search and seizure is illegal if an officer does not have probable cause that a crime has been committed. If they do not have a warrant to search you and there is no specifically mentioned circumstance as an exception, then any search and seizure may be illegal.

What Happens to Evidence Found Illegally?

Evidence recovered as the result of an illegal search and seizure may be excluded from the case. It would be considered inadmissible because it was obtained illegally.

Evidence obtained from an illegal search and seizure is called “fruit of the poisonous tree.” The Fruit of the Poisonous Tree doctrine excludes illegally obtained evidence.

Your criminal defense attorney can file a motion to exclude evidence obtained illegally. Without that evidence, the prosecutor may not have enough information to support your charges. If that is the case, then your charges may be dismissed.

It’s important to know that there are ways law enforcement can keep this evidence in a case. For example, if the prosecutor can prove it would have been discovered naturally regardless of the illegal search, it may be allowed to stay. You must work with a lawyer who can dispute these claims.

What to Do If You Believe You’ve Been Illegally Searched

It can be hard to challenge the validity of a search and seizure. You will need to have solid proof that your rights were violated.

You may be able to obtain evidence, including the officer’s body camera, eyewitness statements, and the police report. You will likely have to fight against the claims of the law enforcement officer.

If you think you were illegally searched, you should immediately contact a criminal defense attorney and tell them what happened. Write down exactly what happened and collect as much information as possible. Provide your lawyer with as many facts as possible.

Contact a New Mexico Criminal Defense Lawyer Today

If your constitutional rights have been violated, you have options regarding how to proceed. Your best step is to contact a criminal defense lawyer at Harrison & Hart, LLC. We will immediately start working on your case and ensure your rights are protected.

Call us today at (505) 295-3261 or contact us online to schedule a consultation.

What Is a Drug Conspiracy Charge?

Drug conspiracy includes an array of drug-related activities. Federal charges result in decades in prison, significant fines, and other severe penalties. You should avoid these charges at all costs.

Types of Drug Conspiracy Charges

Federal drug conspiracy is a crime that may or may not actually involve handling drugs. The government must simply prove that:

1. There was an agreement between two or more people to break a federal drug law
2. You knew about the conspiracy and knowingly joined it

You don’t need to have completed the criminal offense to be convicted of drug conspiracy. You must have had intent to commit the crime.

Manufacturing a Controlled Substance 

One of the most common federal drug conspiracy offenses involves manufacturing a controlled substance. This may include growing, processing, extracting, or producing illegal drugs.

Distributing a Controlled Substance 

Planning (or conspiring) to deliver illegal drugs to another person may be considered distributing a controlled substance. You don’t have to exchange money to get convicted of drug conspiracy under the distribution of a controlled substance. Any distribution qualifies under this law, including fake prescriptions, online drug pharmacies, and delivering illegal drugs to another person.

Possessing a Controlled Substance with the Intent to Distribute It

Simple drug possession involves having it on your person or within your control. However, the government may try to prove that you conspired to distribute the drugs or sell them. You may be charged with conspiracy to distribute drugs if you also possess baggies, scales, or other evidence of drug sales.

Importation of a Controlled Substance

Conspiracy to import illegal drugs may involve bringing a controlled substance into the United States from another country — this may take place by plane, boat, or roadway. The larger the operation, the more likely you will get the maximum penalties.

Consequences of Drug Conspiracy Charges

The penalties for federal drug conspiracy convictions depend on the amount and type of drug involved in the crime.

Marijuana

• No alleged amount – up to 40 years in federal prison
• 100 kg or more – between five and 40 years in federal prison
• 1,000 kg or more – between 10 and 40 years in federal prison

Heroin

• 100 kg or more – between five and 40 years in federal prison
• 1 kg or more – between 10 and 40 years in federal prison

Cocaine and Crack Cocaine

• 500 g or more of cocaine or 28 g or more of crack – between five and 40 years in federal prison
• 5 kg or more of cocaine or 280 g or more of crack – between 10 and 40 years in federal prison

Methamphetamine

• Less than 5 g – up to 20 years in federal prison
• 5 g or more – between five and 40 years in federal prison
• 50 g or more – 10 years up to life in prison

Opioids and GHB (including ketamine and fentanyl)

• Up to 20 years in federal prison
• Enhanced penalties involving death or serious injury to another person
• Enhanced penalties for any prior felony drug convictions

Possible Defenses to Drug Conspiracy Charges

Many of the defenses against drug conspiracy charges are similar to those that can be used in other criminal cases. Those include:

• Illegal search or seizure
• Lack of valid search warrant
• Law enforcement exceeded search warrant
• Law enforcement failed to read your Miranda rights
• You were denied legal counsel after a request
• Law enforcement entrapped you in a conspiracy situation

However, some unique defense tactics can be used with conspiracy charges. For example, conspiracy is a “specific intent” crime. That means you must have had actual knowledge and intent to commit the crime. It is not required that you committed the crime. However, you must have purposefully conspired to commit the crime.

Also, if you withdrew from the conspiracy before the crime occurred, you can use this to your benefit. This would be an especially strong defense if you worked with law enforcement against the conspiracy.

Contact a Drug Conspiracy Lawyer Right Away

If the government charges you with federal drug conspiracy, they have likely already conducted an investigation and have significant evidence against you. You must hire a drug crime lawyer immediately to get someone on your side to protect your rights. You need an independent investigation and practical assistance from your counsel.

Call Harrison & Hart, LLC today at (505) 295-3261 or contact us online to schedule a case consultation.