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Last Updated on: 17th October 2023, 10:57 pm
Being charged with federal counterfeiting crimes can be scary. The penalties are harsh, and the feds have lots of resources to investigate and prosecute. But with an experienced defense attorney on your side, their are options to fight the charges and seek the best possible outcome.
If your facing accusations like trafficking in counterfeit goods or services, producing counterfeit currency, or possessing tools to make counterfeit products, don’t panic. Take a breath. Then call a lawyer. This article explains common defenses against federal counterfeiting charges, what to expect in court, and how a knowledgeable attorney can defend your rights under the law.
There are a few main laws the feds use to charge counterfeiting crimes. Here’s an overview of the common offenses:
There are also laws against counterfeiting state currency, postage stamps, military medals, and other government items. And if the counterfeits deal with aircraft, medicine, or military goods, penalties can be even higher.
For any counterfeiting charge, prosecutors must prove these basic elements beyond a reasonable doubt:
The evidence will focus on the fake items themselves, records of sales or deals, witness statements, and proof the defendant knew the goods were counterfeit. For example, if the labels say “Guci” instead of Gucci, that helps show knowledge.
By picking apart the prosecutor’s case, skilled criminal defense lawyers can often get charges reduced or dismissed. Here are some defenses that apply in many counterfeiting cases:
If the evidence can’t prove beyond a reasonable doubt you knew the items were counterfeit, this is a solid defense. Maybe you were an unwitting seller who was tricked with phony goods. Or you received fake cash unknowingly. Your lawyer can argue you had no criminal intent.
Prosecutors must show your intent was to mislead or cheat others with the counterfeits. But if you can raise doubts about that, it hurts their case. For example, if you were just transporting items as a courier without knowing they were fake.
If the police find counterfeits through an illegal search, your attorney can file a motion to suppress that evidence. Like if cops search your car or home without probable cause. Or seize your computer files without a valid warrant. If the judge agrees the search was illegal, that evidence gets tossed.
This defense claims law enforcement tricked or coerced you into committing the crime. Like if an undercover agent pressured you into selling counterfeits you were reluctant to deal. Your lawyer can argue you only broke the law because of police misconduct.
The U.S. Constitution guarantees speedy trials for criminal defendants. If prosecutors delay too long filing charges, your attorney can claim your rights were violated. This can lead to charges being dismissed.
Fighting federal charges means going to battle in federal court. It’s important to have an attorney experienced with the federal system. Here’s an overview of the process:
With so much on the line, having an experienced federal defense lawyer in your corner can make all the difference.
Beating federal charges requires skill, tenacity, and a thorough grasp of counterfeiting laws. A knowledgeable attorney will:
Never try to navigate federal counterfeiting charges alone. Hire the best defense lawyer you can. Look for attorneys with experience specifically defending counterfeiting cases in federal court. Understand the immense resources federal prosecutors wield – you need someone who can stand toe-to-toe with them. An experienced federal defense attorney can analyze the government’s case, spot weaknesses, and build compelling defenses giving you the best chance of success.
Being accused of federal counterfeiting crimes is frightening. But strong defenses are possible with an experienced attorney on your side. By proving you didn’t know items were fake, were entrapped, or had your rights violated, charges can often be reduced or dismissed. Don’t take chances – call a knowledgeable federal defense lawyer right away for help fighting the government’s accusations and protecting your future.
Here are the references used in this article:
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