(Last Updated On: October 20, 2023)Last Updated on: 20th October 2023, 08:46 pm
How an Experienced Federal Crimes Attorney Can Get Your Counterfeiting Charges Dismissed
Being charged with counterfeiting can be an incredibly scary and overwhelming experience. The penalties for counterfeiting can include hefty fines and years in federal prison, so it’s crucial to have an experienced federal crimes attorney on your side to help get the charges dismissed.
In this article, we’ll walk through how an expert counterfeiting defense lawyer can build a strong case for dismissal by exploiting legal loopholes, utilizing key defenses, and negotiating with prosecutors. We’ll also discuss what makes federal counterfeiting cases unique and how the right attorney can navigate the complexities of federal law to get charges dropped.
Understanding Federal Counterfeiting Charges
Unlike state counterfeiting laws, federal counterfeiting charges are governed by Title 18, Chapter 25 of the United States Code. This covers the counterfeiting of U.S. currency, coins, postage stamps, and other government obligations or securities. The Secret Service handles most investigations into counterfeiting.
Some key things to understand about federal counterfeiting charges:
- They can be brought even for small amounts of counterfeit material, sometimes as low as $100.
- Penalties increase sharply based on the value of counterfeit items produced or possessed.
- Possessing tools or devices for counterfeiting can lead to charges, even without actual counterfeit items.
- Counterfeiting charges can be stacked on top of other federal charges like mail fraud or money laundering.
- Sentences typically involve years in federal prison and massive fines up to $250,000.
Because the penalties are so severe, having an attorney who understands federal counterfeiting laws is critical for mounting an effective defense. A seasoned federal crimes lawyer will know all the potential charges and sentencing guidelines to work to avoid.
Identifying Legal Loopholes
One of the most important tasks for a federal counterfeiting attorney is finding holes in the government’s case that can lead to a dismissal. This requires meticulously reviewing the evidence and identifying potential legal technicalities the prosecution may have overlooked.
Some common legal loopholes include:
- No evidence of criminal intent – Counterfeiting requires proving you specifically intended to defraud others. But errors in evidence could fail to prove intent.
- Illegal search and seizure – If evidence was obtained improperly without a warrant, an attorney can argue for suppression.
- Entrapment – Undercover agents cannot induce you to commit a crime you wouldn’t do otherwise.
- Misidentified counterfeit goods – Lab tests could show items were reproductions, not counterfeits.
- Mistaken identity – Eyewitnesses or informants may have incorrectly identified the defendant.
An attorney experienced with federal counterfeiting laws will know how to leverage these kinds of technicalities to undermine the prosecution’s case and advocate for dismissal.
Utilizing Key Defenses
Beyond legal loopholes, there are several strong defenses a knowledgeable counterfeiting attorney can employ to fight the charges:
Lack of Knowledge
One of the most effective defenses is arguing you had no idea the items were counterfeit. This can be plausible if you were deceived by a third party into unknowingly possessing or selling fake goods. An attorney can argue you never would have involved yourself had you known the items were counterfeit.
Addiction Defense
If addiction or substance abuse issues contributed to your offense, your attorney can argue you had a diminished mental capacity. This can sometimes lead to diversion programs or rehabilitation rather than prison time.
Duress Defense
If you were coerced into counterfeiting through threats of violence, an attorney can argue you acted under duress. This may not lead to outright dismissal but could reduce charges significantly.
An experienced attorney will evaluate the facts of your case to determine the best defenses to emphasize and will fight vigorously to persuade the judge or jury.
How an Attorney Gets Counterfeiting Charges Dismissed
Here is an overview of the step-by-step process an experienced federal crimes attorney will follow to build a dismissal case:
- Review the charges and evidence thoroughly – They’ll identify potential defects, procedural issues, or legal technicalities.
- Launch an independent investigation – They’ll interview witnesses, visit relevant locations, and reconstruct events.
- Develop defense theories – They’ll research and prepare the strongest legal, factual, and technical arguments.
- File motions – They’ll submit carefully crafted motions highlighting legal flaws with the charges.
- Negotiate with the prosecution – They’ll leverage ambiguities and evidentiary gaps to seek dismissal.
- Suppress illegally obtained evidence – They’ll argue to exclude evidence gathered improperly.
- Present compelling defenses at trial – If necessary, they’ll skillfully argue defenses like lack of intent before a jury.
At every stage, an experienced federal crimes lawyer will build arguments and narratives toward achieving full dismissal of charges. They will take advantage of every opportunity in or out of court.
Why Act Quickly to Retain a Lawyer?
If you’ve been charged with federal counterfeiting crimes, it’s essential to immediately retain skilled legal counsel. Here’s why you can’t afford to delay:
- Early plea negotiations are often the best chance at dismissal.
- Your attorney needs time to properly investigate the facts.
- The more time that passes, the weaker witness memories become.
- Prosecutors tend to increase plea deal demands over time.
- You want to avoid sitting in jail any longer than necessary.
Don’t take chances with overworked public defenders. The consequences are too high. Retaining an attorney with specific experience successfully defending federal counterfeiting charges is the smartest investment you can make.
Finding the Right Federal Crimes Attorney
Not all defense lawyers are equipped to handle the intricacies of federal counterfeiting cases. When searching for the best attorney, you want to look for these qualifications:
- Decades of specific federal criminal defense experience – Look for 10+ years handling complex federal cases.
- Strong record of counterfeiting dismissals – Ask about their success fighting federal counterfeiting charges specifically.
- Existing relationships with federal prosecutors – Proven negotiating skill can lead to better plea deals.
- Resources to conduct in-depth investigations – They’ll need to gather evidence and witness testimony.
- Top-notch research skills – They must be able to identify technicalities and loopholes in the law.
- Courtroom litigation experience – If dismissal attempts fail, you want trial skills to rely on.
Don’t leave your future to chance. Do your research to find the most qualified federal crimes attorney with a proven record of getting counterfeiting charges dismissed.
The Bottom Line
Facing federal counterfeiting charges is frightening. But an experienced federal crimes attorney has the skills and knowledge to aggressively pursue dismissal through legal technicalities, persuasive defenses, and strategic negotiation. Act now to protect your future.