1) When is a police investigation considered a search?

A police investigation is not a search unless it intrudes on a person's privacy. If a person did not have a "legitimate expectation of privacy" in the place or thing searched, no "search" has occurred.

Courts ask two questions to determine whether a person had a legitimate expectation of privacy in the place or things searched:

A) Did the person expect some degree of privacy?

B) Is the person's expectation reasonable-that is, one that society is willing to recognize?

2) How are charges filed?

After an arrest, the arrest report is sent to a prosecutor, whose job it is to initiate and prosecute criminal cases. Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, of the crime, and witnesses' names and addresses if that information is available. The prosecutor will either:

A)    decide that the case should be charged (as a felony or a misdemeanor), and file a complaint with the trial court.
B)    decide that the case should be charged as a felony and bring evidence before citizens serving as grand jurors, who will decide what charges, if any. 
C)    decide that the matter should not be pursued.

Prosecutors can file charges on all crimes for which the police arrested a suspect. Or, they can file charges that are more or less severe than the charges leveled by the police.

3) Drug Distribution & Trafficking

Drug distribution/trafficking laws penalize the selling, transportation, and illegal import into the United States of unlawful controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin.

Federal and state drug distribution/trafficking laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted.

Drug distribution/trafficking laws can implicate a single individual or a broad ring of people involved in organized illegal drug activity.

4) Drug Cultivation and Manufacturing

  
A) to grow, produce, and possess certain plants and other naturally occurring elements used in the production of unlawful controlled substances, such as cannabis seeds and marijuana plants.

B) to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy (MDMA), which require use of certain chemicals and laboratory equipment in their production.

Federal and state drug cultivation laws vary according to drug type and the amount produced.

For example, during a legal search of John's condo, police find cannabis seeds, high-powered lamps, and remnants of marijuana plants. John can be charged with violating drug cultivation and manufacturing laws.

 

5) Rico / Racketeering

Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws make it illegal for criminal organizations to profit from any legitimate business operations.

Many of these laws allow for the confiscation and seizure of the criminal organization's legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.

The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act) can be prosecuted in either State or Federal Court. Both jurisdictions provide for extended criminal penalties. There is also a civil cause of action that can be brought under RICO for acts performed as part of an ongoing criminal organization. RICO was first enacted as part of the Organized Crime Control Act of 1970. While its application was intended to be mainly used to prosecute those who are actively engaged in organized crime, it has become more widespread and has been used as a tool of law enforcement to go after and prosecute individuals and businesses never initially contemplated under the statute.

Under federal RICO, a person who is a member of an enterprise that has committed any two of 35 crimes within in a 10-year period can be charged with racketeering (RICO). A person found guilty can be sentenced for up to 20 years in prison. The person convicted must also forfeit all properties and the interest in any business gained through the violation of the RICO act. Moreover, the government may attempt to seek a pre-trial restraining order or injunction to temporarily seize a defendant’s assets and prevent the further transfer of potentially forfeitable property. In addition to criminal penalties, RICO also permits a person harmed by these crimes to file a civil suit seeking treble damages.

The predicate acts, of which at least two are required, to establish a pattern of racketeering activity for RICO purposes, are:

• Any violation of state statutes against gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
• Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
• Embezzlement of union funds;
• Bankruptcy or securities fraud;
• Drug trafficking;
• Money laundering and related offenses;
• Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
• Acts of terrorism.

6) How do I get out of jail after an arrest?
If bail has been set, the only way to get the person out of jail is to to pay bond for their release. A bail bond is similar to insurance; it simply means that the suspect agrees to appear at legal proceedings.

If the suspect fails to appear, it will result in forfeiture of bond, most likely an arrest warrant will be issued, and any privileges that came with bond will probably be lost.

There are certain instances where bond will be denied. This is totally dependent upon the judge, if there is a belief that there is a high risk of flight, or there has been a heinous charge such as murder, bail can be denied.

 

7) Investigations
Before a person is arrested, an individual may be the target of an investigation by law enforcement. A person may even be under surveillance. This is an early phase of a possible prosecution. It is highly advisable to seek an experienced criminal lawyer.

There will be instances when law enforcement will overstep their authority. An attorney like Rick Jancha on your side can help protect your rights in these delicate situations.

Sometimes an officer will make an arrest without an investigation. When these instances occur, a person's constitutional rights must be protected through the entire criminal process. Having an experienced attorney on your side is the best way to keep yourself secure in these unsure times.


7) Search and Seizure
The fourth amendment of the United States Constitution was established to protect citizens against unreasonable search and seizures. The fourth amendment limits the power of the police to make arrests, search people and private property, and seize any tangible items including evidence of criminal activity.

A police investigation is subject to search and seizure laws when the investigation intrudes on a person's privacy. Privacy is recognized by a person's expectation of privacy in a given context that expectation is considered reasonable to society. There are a variety of search and seizure situations that are not protected by the fourth amendment.

If evidence or contraband is viewed or obtained without a breech of privacy, such as through the window of a car, or an overheard conversation in a public place, then a warrant may not be necessary.


8) Firearms
Charges of criminal possession of a firearm is a serious issue, and the possibility of a prison sentence can be significant. A conviction of a criminal possession of a firearm can lead to the individual's permanent loss of the right to possess a weapon, including hunting rifles. Each state has specific laws pertaining to criminal possession of a firearms, the laws vary a great deal as the sentences.

There are also federal laws governing criminal possession of a firearm on federal property. Increased media attention has caused many prosecutors to pursue cases involving criminal possession of a firearm. While successful convictions of individuals for firearm possession can make a prosecutor appear to be "tough on crime", overeager prosecution can lead to false charges or misinterpretations of laws. Contact Attorney Rick Jancha right away to discuss a strategy to help you with your case.


9) Sexual Assault
Few allegations could be as devastating to your future as those of a sexual assault. Anyone can claim sexual assault without evidence, and the repercussions of sexual assault allegations can be severely damaging.

Even though sexual assault is one of the most underreported crimes, there is also a high potential for baseless or malicious accusations. This is why it is important that you defend yourself as vigorously as possible.


10) Assault
Assault is commonly defined as an attempt or threat of violence with the intent of causing a person harm. Assault differs from battery, which occurs when the act of violence is carried out. Though assault and battery are separate crimes, the two often occur at the same time, and as a result, they are often charged together.

Anyone who threatens to injure someone or tries but fails to injure someone may be charged with assault. There is a lot vague areas between what constitutes a threat or an attack. Consult criminal defense attorney Rick Jancha to help you with an assault charge