Category: Federal Criminal Defense

Federal criminal forfeiture can reach far beyond cash found in a defendant's possession. The government may seek forfeiture of real estate, vehicles, bank accounts, businesses, firearms, jewelry, and other property allegedly connected to criminal activity.

But what happens when someone other than the defendant claims to own the property?

Federal Court Suppresses Evidence After Unlawful Vehicle Search

A federal court in Tampa recently granted a motion to suppress evidence after finding that police lacked probable cause to arrest a driver and search his vehicle.

The case involved a very narrow Fourth Amendment...

Federal prosecutors have broad discretion in deciding whether to bring criminal charges and what charges to pursue. That discretion, however, has constitutional limits.

The government cannot punish a defendant for exercising a constitutional or statutory right.

When prosecutors increase charges or penalties in retaliation for a...

Finding a firearm near a person does not automatically prove that the person possessed the gun.

That distinction can be critical in a federal prosecution under 18 U.S.C. § 922(g). When the government cannot prove that a defendant physically possessed a firearm, prosecutors frequently rely on...

Federal law enforcement officers are permitted to conduct undercover investigations, use confidential informants, create sting operations, and provide suspects with opportunities to commit crimes.

But there is a constitutional and legal limit to how far the government may go.

When government agents induce a person to...

On May 26, 2006, federal criminal defense attorney Michael J. Petro published the first post in what became the Seventh Circuit Criminal Law Alert.

The original announcement was brief. Attorney Petro explained that he planned to review recent criminal decisions from the United States Court of Appeals for the...

Federal investigators frequently interview people before any criminal charges have been filed. What may appear to be an informal conversation with the FBI, IRS, DEA, Department of Homeland Security, or another federal agency can create a separate federal criminal offense if investigators believe a person knowingly made a materially false statement.

Winning Ugly: Persistence Leads to Not Guilty

Not every criminal defense victory comes from a dramatic jury verdict or a single brilliant argument.

Sometimes winning requires persistence.

In one of my cases, the defense required seven court dates, three legal briefs, and appearances...

The federal government has powerful tools to freeze bank accounts, real estate, investments, and other property before a criminal case ever reaches trial.

In federal fraud, health care fraud, money laundering, drug, and forfeiture cases, this can create an immediate problem for a defendant:

What happens...