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Do You Have to Disclose a Sealed or Expunged Record to Employers?

If you’ve ever been arrested or convicted of a crime, you know how stressful it can be—especially when applying for jobs. But if your record has been sealed or expunged in New Mexico, do you still have to tell potential employers about it?

The short answer is: usually not. New Mexico law gives strong protections to people with sealed or expunged records. However, there are some exceptions you should know about. This blog will explain the difference between sealing and expungement, when you may need to disclose a past record, and what to do if an employer finds out about it.

What’s the Difference Between Sealing and Expungement?

Although the terms are often used together, sealing and expungement are not the same thing.

Sealing a record means that the public can no longer see it. This includes employers, landlords, and most background check companies. However, the record still exists and can be accessed by law enforcement and certain government agencies. In New Mexico, juvenile records are often sealed automatically after two years. Adults may also be able to have records sealed in certain situations, but it usually requires a court petition.

Expungement

Expungement, on the other hand, goes further. It means the record is legally erased or destroyed, making it virtually invisible to background check companies. Once a record is expunged, it’s as if the offense never happened. In New Mexico, many non-violent crimes—including certain cannabis offenses—may qualify for expungement under the Criminal Record Expungement Act (CREA), which went into effect in 2020.

How a Sealed or Expunged Record Appears on Background Checks

In most cases, a sealed or expunged record will not show up on a standard employment background check. That’s the whole purpose of the process—to remove the record from public view.

However, there are a few things to keep in mind:

• Third-party background checks sometimes rely on outdated or incomplete databases. If the sealing or expungement is recent, the record might still appear temporarily.
• Government background checks, especially those done for high-security or regulated jobs, may still uncover sealed or expunged records.
• Clerical errors in court records or with background check companies may cause expunged records to appear by mistake.

If a sealed or expunged record shows up, you have the right to dispute it. You can provide a copy of the court order and ask the background check company to correct the error.

Do You Have to Tell an Employer About a Sealed or Expunged Record?

In most cases, no — you do not have to disclose a sealed or expunged record to a potential or current employer in New Mexico.

Thanks to the state’s “ban-the-box” law, employers in New Mexico are not allowed to ask about criminal history on job applications. They may ask later in the hiring process, but even then, you’re not required to reveal a record that has been sealed or expunged.

In fact, under the CREA, you can legally answer “no” if an employer asks whether you’ve ever been arrested or convicted—if that record has been sealed or expunged. The law treats these records as though they never happened.

Are There Any Exceptions?

While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply.

You may still need to disclose past records for the following types of jobs:

• Law enforcement or corrections
• Positions requiring federal security clearance
• Jobs involving vulnerable populations, like schools, daycare centers, or nursing homes
• Licensed professions, such as lawyers, doctors, nurses, or teachers (where licensing boards may have access to sealed records)
• Financial services jobs, especially those regulated by federal agencies like the SEC, FINRA, or FDIC

In these cases, it’s a good idea to speak with an attorney before applying, to understand what you must legally disclose and what protections still apply.

What If an Employer Finds Out About a Sealed or Expunged Record?

Sometimes, an employer might find out about your record anyway—especially if they use outdated or inaccurate background check services. If that happens, stay calm and know your rights.

In New Mexico, it is illegal for employers to take negative action (like refusing to hire you or firing you) based on a sealed or expunged record. If an employer does this, they may be violating your rights under state law.

You have a few options if this happens:

• Explain that the record has been legally sealed or expunged.
• Provide court documents that prove it.
• Speak with a criminal defense attorney about filing a complaint.

Tips for Job-Seekers and Employers

For job-seekers:

• Keep a copy of your sealing or expungement order.
• Be honest—but only when required. You’re not lying if you say “no” to a question about a conviction that’s been expunged.
• If you’re not sure whether your record qualifies, talk to an attorney who can help.

For employers:

• Make sure your hiring practices follow New Mexico’s ban-the-box and CREA laws.
• Don’t ask about sealed or expunged records.
• Train your HR staff to understand the legal limits of background checks.

Questions about Your Record? Contact Harrison & Hart Today

In most cases, you do not have to tell an employer about a sealed or expunged record in New Mexico. Thanks to recent laws, many people now have the chance to move forward without being haunted by past mistakes. But if you’re applying for a job in a highly regulated field, or if an employer mishandles your background information, it’s a good idea to get legal advice.

If you have questions about your rights or want help sealing or expunging your record, Harrison & Hart, LLC is here to help. Contact us today or call 505-295-3261 for a confidential consultation.

Who Investigates Federal Crimes?

Federal crimes, unlike state offenses, involve violations of laws passed by the U.S. Congress. These crimes can range from drug trafficking and organized crime to financial fraud and terrorism. Various federal agencies are tasked with this responsibility, each with its own jurisdiction and area of expertise.

When Are Crimes Charged at the Federal Level?

Federal cases are distinct from state crimes in that they are prosecuted by the federal government, while state crimes are prosecuted by state or local authorities. Some offenses commonly charged at the federal level include:

• Drug trafficking: The illegal production, distribution, or possession of controlled substances.
• Cybercrime: Crimes committed using computers or the internet, such as hacking, identity theft, and fraud.
• White-collar crimes: Non-violent crimes such as embezzlement, fraud, and tax evasion.
• Terrorism: The unlawful use of violence or intimidation, often with political goals.

What Agencies Investigate Federal Offenses?

Because these cases are complex and often high-stakes, several federal agencies are responsible for investigating them.

Federal Bureau of Investigation (FBI)

The Federal Bureau of Investigation, commonly known as the FBI, is perhaps the most well-known U.S. federal agency. From counterterrorism and cybercrime to corruption and organized crime, the FBI is at the forefront of protecting the United States from serious threats.

For example, the FBI investigates cases involving national security, such as terrorism and espionage, as well as crimes that cross state lines, like human trafficking and large-scale fraud.

Drug Enforcement Administration (DEA)

The Drug Enforcement Administration (DEA) focuses on combating drug-related crimes. Its primary mission is to enforce the controlled substances laws and regulations of the United States. This includes investigating major drug trafficking organizations, dismantling drug cartels, and preventing the illegal distribution of narcotics.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcing federal laws related to the illegal use and trafficking of firearms, explosives, alcohol, and tobacco products. The agency also investigates cases of arson and bombings, particularly when these acts are tied to criminal organizations or terrorism.

Common federal crimes investigated by the ATF include firearms trafficking, illegal possession of explosives, and arson committed as part of insurance fraud schemes.

U.S. Secret Service

The U.S. Secret Service is best known for its role in protecting the President and other high-ranking officials. However, the agency also investigates federal crimes, particularly those involving financial fraud and counterfeiting. The Secret Service was originally established in 1865 to combat the widespread counterfeiting of U.S. currency, and it continues to focus on this area today.

In addition to counterfeiting, the Secret Service investigates a range of financial crimes, including credit card fraud, identity theft, and cybercrime. The agency’s dual mission of protection and investigation allows it to address threats to both individuals and the financial system.

U.S. Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement (ICE) is a federal agency primarily responsible for enforcing immigration laws and investigating customs violations. ICE’s investigative arm, Homeland Security Investigations (HSI), is involved in a wide array of federal crime investigations, from human trafficking and child exploitation to illegal arms exports and immigration fraud.

Internal Revenue Service (IRS) Criminal Investigation Division

The IRS Criminal Investigation Division (IRS-CI) is the law enforcement arm of the Internal Revenue Service. The division focuses on investigating financial crimes, particularly those involving tax evasion, filing false tax returns, money laundering, and other forms of financial fraud. IRS-CI agents are often involved in high-profile cases where individuals or organizations attempt to conceal income or launder illicit funds.

Other Federal Agencies

In addition to the major agencies mentioned above, several other federal entities play important roles in investigating federal crimes. The U.S. Marshals Service, for instance, is responsible for apprehending fugitives, transporting federal prisoners, and protecting witnesses in federal cases. The Marshals Service also enforces federal court orders and assists in the recovery of assets obtained through criminal activities.

The Securities and Exchange Commission (SEC) is another key agency, investigating violations of securities laws, including insider trading, securities fraud, and market manipulation.

How Do These Agencies Work Together?

Given the complexity of many federal crimes, it’s common for multiple agencies to work together on investigations. This coordination is crucial in cases that span multiple jurisdictions or involve various types of criminal activity. For instance, a major drug trafficking case might involve the DEA, FBI, and ATF, while a financial fraud case could see collaboration between the FBI, IRS-CI, and SEC.

Charged at the Federal Level? Call Harrison & Hart Today

The world of federal law enforcement is complex. If you are facing a federal investigation or have been accused of a federal crime, don’t hesitate to contact Harrison & Hart. Our experienced attorneys can provide you with the guidance and representation you need to navigate the federal legal system.

Call 505-295-3261 or contact us today to schedule an initial 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 Is a Federal Grand Jury?

You’ve probably heard about the important role of the grand jury in major news stories or legal dramas. But what exactly is a grand jury, and what do they do in federal cases? You may be surprised to learn that grand juries are one of two types of juries that operate at the federal level, each serving unique functions.

Learn more about the grand jury’s purpose, powers, proceedings, and its role in the federal justice system.

When Is a Case Brought Before a Federal Grand Jury?

The right to grand jury indictment is constitutionally required in federal felony cases. Felonies that can be charged at the federal level include white collar crimes, drug trafficking, fraud, or violent crimes.

Who Serves on a Federal Grand Jury?

A federal grand jury is composed of 16 to 23 jurors drawn from the district where the federal court is held. Jurors typically serve around 18 months, but can serve up to 24 months if a judge grants an extension. As with any jury, the selection process aims to produce a group that represents a fair cross-section of the community.

How Does a Federal Grand Jury Work?

The primary function of a federal grand jury is to investigate potential federal offenses and determine whether there is enough evidence to bring formal charges, known as an indictment, against a suspect. Unlike petit juries, which decide the guilt or innocence of a defendant during a trial, grand juries do not determine guilt. Instead, they decide whether there is probable cause to proceed with a prosecution. Grand juries do not meet every day and will hear multiple cases during their term of service.

Broad Powers

A federal grand jury holds expansive authority due to its constitutional role in the justice system. It can initiate investigations without probable cause or suspicion of a crime based on information from any source, including the grand jurors’ own knowledge. This autonomy allows the grand jury to conduct thorough investigations and operate free of the constraints typically required in criminal investigations.

Secrecy Rules

Grand jury proceedings are secret. The only people allowed in the room are the jurors, the prosecutors presenting the case, the court reporter, and witnesses when they testify. This confidentiality is intended to protect the reputation of the accused if they aren’t indicted, protect the jurors, and encourage witnesses to speak freely.

There are some exceptions to the secrecy rules of a federal grand jury. For example, basic demographic juror information isn’t confidential, and disclosure of some information can be authorized to assist foreign investigations. Courts can also authorize disclosures for national security or public interest reasons.

The accused may have limited access to grand jury materials for their defense. Some transcripts may eventually become public records; however, these exceptions are carefully considered to balance competing interests.

Federal Grand Jury Process

The Administrative Office of the United States Courts provides a Grand Juror Handbook with helpful information outlining what to expect in the grand jury process. Federal grand jury proceedings usually follow these steps:

Evidence Presentation and Witness Questioning

The prosecutor, representing the government, presents evidence and calls witnesses to testify before the grand jury. Jurors are active participants in building the case, not passive receivers of information. The jury can request to hear from additional witnesses and or ask for more evidence.

Grand jury witnesses are usually subpoenaed to appear, and a witness’s attorney cannot be present in the room when they testify. Failing to comply with a subpoena is grounds for holding a witness in contempt.

Deliberation and Voting

After hearing all the evidence, the grand jury deliberates in secret. The prosecutor is barred from these deliberations. This independent deliberation highlights the unique role of the grand jury.

For an indictment to be issued, a majority of jurors must agree there is probable cause. In the federal system, at least 12 jurors must vote in favor of an indictment.

Possible Outcomes

If the grand jury finds sufficient evidence and determines the accused should be put on trial, it issues an indictment against the defendant. The indictment is then sealed until the defendant is arrested or appears voluntarily before the court.

If there’s insufficient evidence, the grand jury can decide not to indict. The prosecutor can still pursue charges through a different process depending on the case. They can resubmit the charges if new evidence emerges.

Facing Federal Charges? Call Harrison & Hart, LLC Today

If you are the target of a federal grand jury investigation or learn you’ve been subpoenaed to testify, it’s crucial to understand your rights and work with an experienced criminal defense attorney.

Even though an attorney cannot be present if you testify, a lawyer can help you prepare for what’s to come and fight to protect your rights.  Our legal team at Harrison & Hart, LLC will hear your questions and concerns and provide honest advice and guidance based on our years of practice.

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

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.