Defending RICO Charges at the Federal Level
RICO charges, a term derived from the Racketeer Influenced and Corrupt Organizations Act, are not to be underestimated. This statute, originally designed to combat organized crime, has been adopted by the federal government to target modern criminal enterprises, including gangs. The severity of these charges underscores the crucial need for professional legal representation.
I've seen them arrest a lot of gangs in Los Angeles, and when I say gangs, I mean they arrest the whole gang. They get every single one that they can get their hands on and indict them and put them all together and charge them with racketeering, drugs, weapons violations — anything else — intimidating witnesses, murder, attempted murder.
The federal government's approach to dealing with these criminal enterprises is highly sophisticated. They have the RICO enactment, a powerful tool to dismantle gangs with numerous connections and members. This underscores the challenge individuals facing RICO charges are up against and the importance of having professional legal representation.
I remember when they did one of their first RICO indictments of one of the local gangs in Los Angeles in about 2005, and they have done it ever since.
They've gone after the Mongols. They've gone after every single LA gang and all the biker gangs — anybody that's into making money is at the expense of other people, so they are looking at these gang members who are dealing with drugs, threatening people, extorting people for money.
A RICO charge, with its severe penalties, can result in a lengthy federal prison sentence. If you or a loved one is facing such a charge, it's imperative to seek the best federal criminal defense attorney immediately. Having a skilled professional by your side can provide the guidance and reassurance you need during this challenging time.
Some of these RICO charges are often overinflated, and they really should be capturing the top gang members. Instead, they throw the net out and get everybody, trying to put pressure on them.
Trying to get them to lip and testify against some of the more extensive up-gang members for fear that they're going to get some ten years, fifteen years, or twenty-year mandatory minimum related to RICO and drug-related offenses.
Negotiation with Federal Prosecutor
The key thing, though, is to get an attorney who knows what they're doing because they can look at all the discoveries in the case, sit down with the defendant and talk to them, and get a feel for whether that particular defendant is good for these specific RICO charges. If they're not, some motions can be filed.
Some negotiations can be had with the prosecutors. Once the prosecutors see that a good attorney is on it and the attorney can show them that it's unfair to be charging their client with a RICO violation, then they're in a much stronger position to get out of the RICO charges and get a charge that fits them or even fight the case at a jury trial if there's no evidence to prove the case against them,
You want to sit down and strategy that from the beginning because you don't want to fight a federal criminal case with racketeering charges attached to it unless you have a good chance of winning. If you lose, you'll get a boatload of time.
There's not much you can do about it, so you want to make sure you have a good angle. That's one of the first things that I do when I sit down with the family or the client—really try to get the strategy together that makes sense for them.
We evaluate whether the RICO charges against them are valid or not valid. If they're not, we're going to fight. We're going to file motions. We will ask the prosecutor to remove those charges because they do not apply to a particular defendant.
Sometimes, the prosecutors don't agree. Sometimes, the prosecutors have a different view of the evidence they have. They talk to witnesses. They speak to cooperators.
So, they're looking at things a little differently than the defense, and that's where, again, you're going to want to make the right decision and see whether the prosecutors can make a good argument that someone is involved in a RICO filing.
They've met the elements needed to prosecute the person for a RICO filing, and that's why when I sit down with a person, we'll go over the law related to the RICO charges and how that law might apply to their situation.
Evaluating the Strength Of the Case
Building a strong defense against RICO charges requires good, solid, accurate facts. The accused must be honest and forthright with their defense attorney. This transparency is essential for evaluating the government's ability to secure a conviction. By understanding the strength of the case against you, you can feel empowered and prepared for the legal battle ahead.
One thing many people don't realize is that when people start getting arrested and charged with crimes that could result in many years in federal prison, the next thing you know is that they're cooperating with the government.
So, some people need to realize that eventually, the government will find out about whatever that person knows because they will tell them. They're going to give information about a particular person.
If that person is you, you want to bear that in mind and be ready to either defend that or work out a deal with the government so they cannot use that information against you as effectively because you're cooperating with them.
This is one of the most significant decisions that needs to be made. Are you going to cooperate? Can you cooperate? Or is it a situation where you're not cooperating? You'll either take your medicine and work out a deal, or you'll fight the case to the end. These are some of the issues that are being talked about by the best criminal defense attorneys and their clients.
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