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Federal Criminal Defense in NYC

In this guest blog post from NYC federal criminal defense attorney Paul D. Petrus, Jr., he discusses federal criminal defense in Manhattan and the surrounding areas. Federal criminal defense cases and state cases are very different. The first reason is the laws are different. State laws can be very different from federal laws. Each state has a different set of laws and courts that handle matters like: Divorce Criminal matters Welfare Personal injuries and workers compensation Real estate issues Wills and inheritance Federal laws on the other hand are rules that apply in every state. Some matters could have different consequences based on state and federal laws. For example someone could know the drug laws in New York but not know what would be considered a federal offense. This can be a major issue as the consequences for federal charges are much more severe. The stakes are much higher in these cases making it very important to hire the right attorney. Experience dealing with both state and federal cases is something everyone should consider when looking to hire an attorney. When the consequences get more severe often seeking a reduction is the best option. Knowing Federal Law is very important when trying to reduce the stakes for a client. Federal Criminal Defense Process In general federal cases go on a lot longer than state cases. In addition to a lengthy process there is usually a lot more legal argumentation involved. Since the stakes are much higher in these types of cases it is very important to know and understand the investigation processes used in the federal system. The investigation...

Transporting Drugs over state lines | Transcription

Transcription Transporting marijuana out of Colorado is illegal from the inception. First place, the marijuana is illegal under Federal law in Colorado, regardless of any state laws relating to marijuana. The point that many people don’t quite appreciate or understand that even though the State of Colorado and the Department of Revenue monitors, grows, and provides licenses for grows medical and recreational. We can’t lose sight of the fact these are still Federal offenses. Our office has gotten involved with a number of different legal state grows to advice them of how to handle themselves when they’re confronted by Department of Revenue Agents as well as IRS Agents. This is a new area for the IRS in pursuing audits against grows. If marijuana is brought onto an airplane at inception it’s illegal. If it’s being transported somewhere else it’s not only a Federal offense but it’s illegal as from Colorado to do it or the receiving state. There’s no state in the country where that is legal under Federal law. That actually is illegal under Colorado law, let’s say for instance someone was transporting from Florida into colorado and their position being well Colorado marijuana is legal. That’s incorrect, it’s an incorrect assumption and under that examples that’s illegal under State and Federal...

Colorado Criminal Defense Attorney Stanley Marks Speaks About Ruiz Case

I represent an individual named Joe Ruiz who was charged in Jefferson County Colorado in 2012cr3005 with the following: Count one, Possession of Weapon by Pervious Offender (felony), Count two, Tampering with Physical Evidence (felony), Count three, Disorderly Conduct-discharging a Firearm Misdemeanor) Count four, Prohibited use of a Weapon-drunk with a gun, Count five, obstructing a Peace Officer (M) and Count 6, False Reporting (M). This is the case that occurred on November 9, 2012 wherein a Lakewood Police Officer shot and killed another Officer in the line of duty (friendly fire). See attached news article appearing in the Denver Post. The deceased Officer was Lakewood Policeman James Davies. Sentencing today occurred after, by stipulation I was able to get the two felony charges dropped. My client plead guilty to Counts 3-6 with no sentencing stipulation. The Court today, after a multi-hour sentencing hearing wherein the Chief of Police in Lakewood Colorado testified in the States effort to have imposed a 3.5 year jail sentence. The prosecutions argument was that the Defendant’s actions by discharging multiple handguns at his house in effect put in action the events that resulted in a fellow officer killing Officer Davies. The Court, over the DA’s objection imposed a 90 day sentence and 3 years of probation. It is anticipated that the Defendant will serve about 50% of the county jail time. ———————————————————————————— You can also view the Denver Post’s coverage of this...

Denver Criminal Defense attorney Stan Marks was recognized by the Colorado Criminal Defense Bar Association as a Founding Member of the association.  The CCDB was created  in 1979 to help support excellence in the Criminal Defense Community of...

IRS Audits May Lead to Federal Charges for Marijuana Dispensaries

The IRS has begun to crackdown on marijuana dispensaries in Colorado, California and Washington State in what many believe to be the Federal Governments retaliation for the recent legalization amendments in these states. IDR (Information Document Request) from the IRS As Federal Criminal Defense Attorneys located in Denver we have begun to see Federal Tax audits of Marijuana dispensaries leading to more severe Federal Charges.  These often begin with an IDR to the Marijuana Grower or Dispensary’s Accountant or CPA, leading to further investigation and eventually Federal Charges such as money laundering. The scariest part about these is that the IRS knows most accountants, CPA’s and tax attorneys do not understand the criminal implications that may arise from such audits.  As criminal defense attorneys we  often work with professionals like CPAs and tax attorneys to help protect themselves and their clients during a IRS tax...