Morgantown Criminal Enterprise Lawyer

Morgantown Criminal Enterprise Attorney

Business owners and individuals face criminal charges known as racketeering if the state or federal government believes the owner extorted money or obtained money through illegal means. The federal act that covers this crime is the RICO Act (Racketeer Influenced and Corrupt Organizations Act). Business owners may seek the knowledge of a Morgantown criminal enterprise lawyer if they are facing these charges.

The attorneys at Crowe Law, LLC., can help your business in Morgantown resolve claims related to the regulation of racketeering.

Examples of RICO Violations

Many states, including West Virginia, have some type of law or laws that make racketeering activities a criminal offense. The charges can be brought at the state or federal level, and prosecutors often seek harsh punishments that could include jail or prison time, hefty fines, and the possible forfeiture of assets tied to the alleged criminal acts.

Although the RICO Act was originally intended to target criminal organizations, anyone could potentially be found in violation of racketeering laws. Organized crime is commonly defined as any combination of three or more individuals who work together as part of a criminal enterprise.

Examples of crimes covered under the RICO Act include:

• Acts of terrorism
• Drug Crimes
• Forgery
• Embezzlement
• Extortion
• Burglary
• Gambling
• Obstruction of Justice

The factors that anyone bringing racketeering or RICO charges will look at include the acts committed, the victims involved, the length of the operations, and which locations were involved.

Racketeering operations must cross state lines for the federal act to be invoked. For any federal prosecutor to prove racketeering under the RICO Act, they must prove that a complicated network of criminal collaborators acted in concert to racketeering across state lines. This can be a high bar to meet. An experienced criminal defense lawyer will carefully review the case to find weaknesses in the prosecutor’s arguments.

What Can a Morgantown Criminal Enterprise Lawyer Do for Me?

The state or federal prosecution will have to prove that a criminal enterprise existed in any case they pursued. They also have to tie any monetary compensation or assets that were acquired to the alleged criminal acts. Your criminal defense attorney will begin by discussing the details of your case to learn why the government believes you committed racketeering-related crimes.

If you did not commit the crime that you are charged with, your lawyer will formulate a comprehensive legal defense strategy that undermines the prosecutor’s claims that your business endeavors were criminal in nature.

Lack of Proof

One way that you may find a favorable resolution to your case is if there is a lack of evidence that you and others engaged in repeated criminal activities. RICO Act violations require that federal prosecutors prove beyond a reasonable doubt that there is a pattern of criminal activity across state lines. If these allegations rely solely on testimony from witnesses, your defense attorney can weaken the prosecutor’s case by finding inconsistencies in the testimony.

No Proof of a Criminal Organization

RICO Act violations require that the federal government prove that a criminal organization began the racketeering acts. Prosecutors must prove that multiple individuals organized their efforts for the purpose of committing a crime. Since it is highly unlikely that any defendant would willingly confess to being part of a criminal organization, prosecutors will have to find hard evidence to back up their allegations, which could be very difficult.

No Evidence of Monetary Gain

Racketeering crimes are committed for monetary gain. If prosecutors cannot find evidence that the alleged crime resulted in the conspirators’ enrichment, then the basis for RICO charges is greatly weakened. Prosecutors are often too fixated on finding criminal evidence, and they may mistake legitimate business transactions for something nefarious. Your defense attorney can gather evidence showing that your money was earned through legitimate business transactions.

Constitutional Violations

A criminal enterprise defense attorney may find constitutional grounds for finding evidence inadmissible in court. Any evidence gathered in violation of the defendant’s constitutional rights may not be used in court. Violations of Fifth Amendment protections against unreasonable searches and seizures are just one possible legal basis for compelling the courts to remove evidence.

FAQs

Q: How Much Is a Criminal Enterprise Lawyer in West Virginia?

A: A criminal enterprise lawyer in West Virginia will either charge fees based on an hourly rate or on a contingency basis. The hourly rate of an attorney is based on the years of experience they have practicing their area of law. As an attorney gains experience and reputation, they generally charge more. Contingency payments are based on a percentage of a settlement, meaning your attorney does not get paid until you do.

Q: What Is a Retainer Fee?

A: A retainer fee ensures a lawyer is paid for their services. In many cases, lawyers ask the client for a lump sum upfront. When a client pays this fee, it reserves the lawyer’s time, giving a client access to them for the duration of the legal matter. The exact amount of a retainer can vary and can be an hourly rate or a flat fee.

Q: Who Represents Criminal Defendants Who Are Too Poor To Hire a Lawyer?

A: The U.S. The Constitution provides rights to indigent defendants who face criminal charges. Each state complies with this constitutional mandate differently. If you were arrested for a crime, you will have the chance to tell the judge overseeing your case that you cannot afford an attorney. If you qualify, you will be appointed an attorney at no cost.

Q: What Is the Attorney-Client Privilege in West Virginia?

A: Attorney-client privilege refers to the confidentiality that lawyers and their clients share. Nothing you tell your lawyer can be made public, and everything your lawyer tells you is private information. No judge, officer, or person in a position of power can compel you to disclose anything that was said between you and your attorney.

Schedule Your Morgantown Criminal Enterprise Lawyer

The prospect of facing RICO Act criminal charges can be unsettling and stressful. Although RICO Act violations come with the prospect of steep penalties, prosecutors have to prove several elements of the offense beyond a reasonable doubt. Your criminal enterprise lawyer will work to weaken the state or federal government’s case against you by investigating the facts of your case and using their knowledge of criminal law. To schedule your consultation with Crowe Law, LLC., contact our office today.