Explained by Federal Criminal Defense Attorney
Washington DC: For their participation in the pro-Trump protest at the US Capitol on January 6, a father and son from New Jersey were charged in the US District Court for the District of Columbia with four misdemeanor offenses. 18 U.S.C. § 1752(a)(1) Entering and Remaining in a Restricted Building [...]
Click to ReadModel Penal Code PART I. GENERAL PROVISIONS ARTICLE 1. PRELIMINARY Section 1.01. Title and Effective Date. (1) This Act is called the Penal and Correctional Code and may be cited as P.C.C. It shall become effective on ___. (2) Except as provided in Subsections (3) and (4) of this Section, [...]
Click to ReadAssaulting, Resisting, or Impeding Federal Police Officers Federal assault on law enforcement is charged under 18 U.S.C. § 111. The code section also covers the actions of resisting, opposing, impeding, intimidating, or interfering, if these actions are done with force against the officer. There are multiple components of this code [...]
Click to ReadFederal Criminal Penalties Felony, Misdemeanor & Traffic Offenses Federal offenses are classified as felonies, misdemeanors, or infractions. A federal felony is punishable by more than one year in prison. A federal misdemeanor is punished by a jail sentence of one year or less. A federal infraction is punishable by up [...]
Click to ReadA federal felony conviction results in the permanent loss of firearm possession rights. Federal law does not distinguish between violent and nonviolent felony offenses. Thus, a federal conviction for any felony offense results in the permanent loss of firearm rights. Under federal law, the crime of Felon in Possession of [...]
Click to ReadSeditious Conspiracy: 18 U.S.C. § 2384 18 U.S.C. § 2384 provides: If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or [...]
Click to ReadFederal probation is guided by 18 U.S.C. §3563 – Conditions of probation. The authorized terms of probation for federal offenses are— (1) for a felony, not less than one nor more than five years; (2) for a misdemeanor, not more than five years; and (3) for an infraction, not more [...]
Click to Read40 U.S.C. § 5104 United States Capitol Buildings and Grounds Unlawful Activities (a) Definitions.-In this section- (1) Act of physical violence.-The term “act of physical violence” means any act involving- (A) an assault or other infliction or threat of infliction of death or bodily harm on an individual; or (B) damage to, [...]
Click to ReadRULES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA [...]
Click to ReadJanuary 6 Capitol Offense: 18 USC § 1752 – Restricted Building or Grounds We have represented numerous January 6 protesters charged with entering a restricted building or grounds by going to the J6 Stop the Steal rally in front of the Capitol and for walking into the Capitol Building. The [...]
Click to ReadFederal Criminal Sentencing Outline Sentencing Guidelines Sentencing guidelines are computed using the United States Sentencing Commission Guidelines Manual (see PDF file below). Although these guidelines are advisory rather than mandatory, they serve as the starting point and primary benchmark throughout the federal sentencing procedure in every District Court nationwide. Over [...]
Click to ReadFederal Penalties Federal Felony Penalties Class A felony federal offenses are penalized by a maximum sentence of life imprisonment, sometimes even the death penalty. The maximum period of additional supervised release is 5 years. The probation period for a felony is between 1 and 5 years. If not otherwise directed [...]
Click to ReadReview Our Drug / Marijuana Case Results This is a chart of the maximum fines and terms of imprisonment that may be imposed as a consequence of conviction for violation of Simple Possession of marihuana and other drugs under the federal Controlled Substances Act and other drug and marijuana laws. [...]
Click to ReadPOLICE OFFICER TRUSTED LAW FIRM MEDVIN LAW PLC is one of the very few law firms trusted by Virginia police officers for the defense of serious internal investigations, criminal investigations, and personal traffic and family/domestic accusations. Attorney Marina Medvin has represented police officers, their friends, and their family members from [...]
Click to ReadAlexandria Federal Detention Hearings and Bond Motions In Alexandria Virginia’s United States District Court for the Eastern District of Virginia Bail and Detention in Criminal Cases: The Eighth Amendment to the United States Constitution provides that “excessive bail shall not be required . . .” U.S. Const. Amend. VIII. The [...]
Click to Read36 CFR § 4.23 – Federal Park Police DUI and DWI Charges 36 CFR § 4.23 punished two variations of drunk driving: (1) driving under the influence (“DUI”) in violation of 36 C.F.R. § 4.23(a)(1), and (2) driving while intoxicated (“DWI”) in violation of 36 C.F.R. § 4.23(a)(2). Operating a [...]
Click to ReadFederal Criminal Charges for SBA Small Business Administration Loan Fraud The SBA is a federal agency that aims to help American businesses with loans. Fraud or misrepresentation on the application, or in the inducement of such a loan, or receipt of the funds, is a federal crime. As with all [...]
Click to ReadU.S. Code Title 15. Commerce and Trade § 645. Offenses and penalties 15 U.S.C. § 645 (a) False statements; overvaluation of securities Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, [...]
Click to ReadFederal Crime: 18 USC §1001 – Concealment, False Statements Under federal law, it is a felony punishable by up to 5 years in prison to knowingly and willfully conceal or falsify or cover up a material fact in a federal investigation; or, to make a materially false statement (Michael Flynn prosecution); [...]
Click to ReadThis law firm represents teenagers and young men and women accused of Federal crimes for exchanging photos and videos depicting teenagers under the age of 18 while nude or engaged in sexual acts. The exchange of these photos and videos is commonly referred to as “sexting.” Sexting takes place over [...]
Click to ReadPublic Corruption and Fraud Public corruption in any form is the misuse of a public or government office for private gain. It is a basic tenet that government is not to be used for personal enrichment and the extending of benefits to the corrupt. A democracy is effective only if [...]
Click to ReadPentagon Traffic Misdemeanors and DUI / DWI Laws The Pentagon Reservation, located near Arlington, Virginia, imposes its own federal Pentagon DUI and DWI laws and imposes local Virginia traffic laws as well. Offenses and arrests on the Pentagon Reservation are prosecuted in the United States District Court for the Eastern [...]
Click to ReadUnited States District Court Violation Notice for the Federal Courthouse in Alexandria Virginia The United States District Court Violation Notice is a Federal ticket for criminal and traffic offenses issued by law enforcement personnel from agencies such as the U.S. Park Police, U.S. Fish & Wildlife, Department of Defense Police, [...]
Click to ReadPolice Investigations: Should I Obtain Criminal Defense Attorney Representation? “Should I consult with an attorney, or hire an attorney, if I am being investigated by the police for a criminal offense?” The answer is yes, and yes. Do not speak to police officers prior to consulting with an attorney. [...]
Click to ReadFederal Cyber Crime Federal cyber crimes and computer crimes generally consist of cyber attacks and hacking, even Anonymous “hacktivist” activity. Most computer crimes are Federal jurisdiction due to the interstate nature of the hacking activity and server location. Some computer crimes are Federal in nature due to the Federal government [...]
Click to ReadVirginia University / College Campus Rape Allegation Representation We offer criminal defense representation for individuals accused of rape or sexual assault on Virginia University and College Campuses. Rape accusations and disciplinary hearings / proceedings can lead to disciplinary actions, expulsion from the schools, and criminal charges. We strongly recommend that [...]
Click to ReadCONSTITUTIONAL RIGHT AGAINST SELF-INCRIMINATION The Fifth Amendment to the United States Constitution guarantees that “[no] person . . . shall be compelled in any criminal case to be a witness against himself.” In Miranda v. Arizona, the United States Supreme Court extended the Fifth Amendment privilege against self-incrimination to individuals [...]
Click to Read18 U.S.C. § 371—Conspiracy to Defraud the United States The general conspiracy statute, 18 U.S.C. § 371, creates an offense “[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any [...]
Click to ReadFederal Bank Fraud 18 USC § 1344 Section 1344 of Title 18, United States Code punishes by up to 30 years of imprisonment, the use of a scheme or artifice either to defraud a Federally chartered or insured financial institution or to obtain any of the monies, funds, credits, assets, [...]
Click to ReadThe federal government can charge Bank Fraud as Embezzlement, Abstraction, Purloining or Willful Misapplication under one of two code sections, Sections 656 and 657 of Title 18, United States Code. These charges will differ mainly in the types of financial institutions to which they apply. 18 U.S.C. § 656 applies [...]
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