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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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How a Federal Crimes Attorney Can Get Your Bribery Charges Dismissed

By Spodek Law Group | October 20, 2023
(Last Updated On: October 21, 2023)

Last Updated on: 21st October 2023, 08:29 am

 

How a Federal Crimes Attorney Can Get Your Bribery Charges Dismissed

Being charged with bribery can be an incredibly stressful and frightening experience. Bribery is a serious federal crime that can result in substantial penalties if convicted, including hefty fines and years behind bars. Fortunately, an experienced federal crimes defense attorney has various strategies they can use to get bribery charges against you dismissed or reduced.

In this article, we’ll walk through some of the most common and effective ways a knowledgeable lawyer can fight to get your bribery accusations thrown out. We’ll also look at what bribery is, what the penalties are, and what to do if you’ve been charged.

What is Bribery?

Bribery refers to offering, giving, soliciting, or receiving something of value as a means of influencing action or gaining an improper advantage. There are various federal bribery laws, but most charges involve violations of 18 U.S.C. § 201, which prohibits bribing a public official. Bribery does’nt have to involve money or gifts – it can include intangibles like offering a promotion, job, or preferential treatment.

Some examples of bribery include:

  • A contractor paying a public official to award them a lucrative government contract.
  • A lobbyist providing gifts or campaign contributions to sway a politician’s vote.
  • A company employee bribing inspectors to ignore violations.

Bribery is considered a very serious crime because it corrupts public institutions and betrays the public’s trust. The penalties for federal bribery reflect how severely it’s viewed.

Penalties for Federal Bribery

If convicted of bribery under 18 U.S.C. § 201, penalties can include:

  • Up to 15 years in federal prison.
  • Fines up to 3 times the value of the bribe.
  • Permanent disqualification from holding public office.

Other charges like conspiracy, mail/wire fraud, money laundering, and racketeering may also apply in bribery cases. These can add even more potential prison time and fines. It’s imperative to fight the charges aggressively to avoid a conviction.

If You’ve Been Charged with Bribery

Being questioned or charged by federal agents for bribery can be terrifying. However, it’s important to remain calm and know your rights. Here are some key tips if you find yourself under bribery investigation:

  • Don’t answer questions or make statements without your lawyer present.
  • Be polite to investigators but clearly invoke your right to remain silent.
  • Hire an experienced federal bribery defense attorney immediately.
  • Follow your lawyer’s advice about responding to charges or turning over evidence.
  • Understand that these cases can take months or years to conclude.

An adept federal crimes lawyer will handle interactions with the government while building the strongest defense for your specific case. Now let’s look at some strategies they may use to get your charges dismissed.

Fighting Bribery Charges with Dismissal Motions

One of the most effective ways your attorney can defeat bribery accusations is by filing a dismissal motion. These argue there are legal grounds for the judge to dismiss or overturn charges prior to trial. Grounds for dismissal can include:

Lack of Evidence

If the prosecution lacks solid evidence you actually committed bribery, your lawyer can argue charges should be dismissed. For example, if the case hinges on testimony from an unreliable or biased witness. Or if the government is relying on circumstantial evidence that doesn’t directly prove your guilt.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t otherwise commit. If your attorney can show you were entrapped, charges can get dismissed. For example, if an undercover agent aggressively pushed you to accept a bribe you were initially reluctant about.

Statute of Limitations

For federal bribery, prosecutors normally must indict within 5 years of an offense. If they missed this deadline, your lawyer can argue for dismissal based on the statute of limitations expiring.

Miranda Rights Violations

If investigators questioned you without reading your Miranda rights, your statements may be inadmissible. This violation of your 5th Amendment rights could get charges reduced or dismissed.

Illegal Searches

Searches conducted without proper warrants or probable cause may result in evidence being excluded. If the case then lacks evidence, your attorney can push for dismissal.

Your lawyer may also argue charges are unconstitutional, improperly filed, or accuse misconduct like selective prosecution. The goal is filing motions that convince the judge to dismiss before trial.

Plea Bargaining Strategies

If dismissal seems unlikely, your attorney may negotiate with prosecutors for a plea deal. This involves pleading guilty in exchange for reduced charges or a lighter sentence. While not ideal, it may be wise to avoid risking harsh penalties from a guilty verdict at trial.

Ways a lawyer can secure a favorable plea bargain include:

  • Leveraging weaknesses in the prosecution’s case.
  • Highlighting mitigating factors about you or the offense.
  • Negotiating for lesser charges like tax evasion vs. bribery.
  • Securing a sentencing recommendation for probation.
  • Avoiding charges that impose mandatory minimums.

Keep in mind if you plead guilty, you’ll have a federal felony conviction on your record. Your attorney should fully advise you before recommending a plea deal.

Taking Your Case to Trial

If dismissal and plea bargaining fail, your lawyer’s job becomes convincing a jury you’re not guilty at trial. They may employ strategies like:

  • Suppressing illegally obtained evidence.
  • Discrediting witnesses by exposing bias, lies, or corruption.
  • Presenting records and testimony showing your innocence.
  • Arguing the government failed to prove guilt beyond reasonable doubt.
  • Requesting jury instructions favorable to your defense.
  • Raising doubts about intent by showing you didn’t mean to break the law.

An experienced trial lawyer intimately understands federal bribery laws and how to craft the strongest trial defense. Your freedom may rest on their skills and preparation.

Why Hiring the Right Lawyer is Crucial

Navigating a complex federal bribery investigation requires an attorney with specific expertise. Factors to consider when hiring a lawyer include:

  • Decades of experience with federal bribery cases.
  • In-depth knowledge of federal statutes and case law.
  • Good relationships with local prosecutors.
  • A track record of getting charges reduced or dismissed pre-trial.
  • Experience taking high-stakes cases to trial.
  • Resources to thoroughly investigate your case.
  • A team of knowledgeable associates and experts.

Don’t leave your fate to overworked public defenders or lawyers without federal criminal defense experience. The right attorney can analyze evidence, identify weaknesses, negotiate with the government, and defend you in court. This gives you the best chance at the least damaging outcome.

Fight Back Against Bribery Charges

Bribery accusations can turn your life upside down. But an accomplished federal crimes lawyer has the skills to challenge the government’s case against you. Whether through dismissal motions, plea bargains, or trial, they can build an aggressive defense to clear your name.

Don’t wait to seek out experienced legal counsel. The sooner you have a knowledgeable attorney reviewing your case, the better your chances of getting these life-changing charges dismissed.

Sources:

 

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