criminal defense attorney – Jeff Hastings | Criminal Civil Defense Law Attorney Cleveland Ohio

Defending Mail and Wire Fraud Charges

Mail and wire fraud are federal crimes that can result in prison time and fines of more than one million dollars. You may need an experienced attorney.

Despite the modern methods of communication that we use today, the laws regarding the misuse of such modes of communication remain relatively archaic. It is easier than individuals think to find themselves ensnared in the web of the justice system, grappling with the vague statutes that define mail or wire fraud.

Mail fraud occurs when an individual or entity defrauds another through use of a postal service, typically for the purpose of wrongful financial gain. Because the postal service is part of the federal government, mail fraud is a federal crime. While this crime can be committed against individuals, businesses, the government, and financial institutions, there are only two requirements prosecutors need to meet, to charge you with mail fraud:

The defendant must in some manner have planned to defraud others.
The mail must have been used to engage in that fraud.

The statute addressing mail fraud is purposefully ambiguous, giving prosecutors a great deal of discretion in how they interpret the statute. This poses an issue for any defendant charged with this crime. Discretion is employed by prosecutors to pursue the charges as they see fit, and while the law itself remains ambiguous, the penalties are anything but.

Wire fraud has been established as a crime because of advancements in modern communication. The main difference between wire fraud and mail fraud is that wire fraud charges are related to fraud perpetuated by the use of a telephone, interstate wires, or the internet, rather than the postal service. Also a federal crime, wire fraud requires that the defendant voluntarily engaged in the attempt to defraud another and doing so with the intent of defrauding others. Additionally, the defendant must have had knowledge that wire communications would be used to perpetuate the fraud, and that wire communications were in fact used for the purpose of the crime.

Ambiguous statutes, such as those involving mail and wire fraud, can be used to the advantage of prosecutors, who have enormous leeway in the scope of their investigations and the types of charges they bring. What makes these crimes even more alarming is that the punishment for both mail fraud and wire fraud are severe. If convicted of mail fraud or wire fraud, you could face up to 20 years in prison and be required to pay restitution and fines. If the charge involves defrauding a financial institution, the fine could be as extensive as $1,000,000, and defendants can face up to 30 years in prison.

Mail and wire fraud, as loose as the legal statutes are, have serious consequences for those who are accused and convicted. If you have been charged with any kind of mail or wire fraud, you need a knowledgeable criminal defense attorney who is experienced with federal law and federal criminal defense. The procedure, rules of evidence, and investigation periods all differ from state law, so an experienced federal criminal defense attorney is essential. For more information and a free consultation, please contact Jeff Hastings.

Have You Been Charged with Federal Drug Crimes?

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law.

While Ohio law enforcement authorities have enforcement responsibility for many of the crimes that occur within our state, our justice system is also overseen by the federal government. And while there has been much discussion about the decriminalization of marijuana at the state level, the possession, distribution, or production of marijuana and many other drugs, including meth, cocaine, LSD, and heroin, can result in federal drug crimes and charges.

State and federal agencies will sometimes work together to determine whether a person accused of drug-related crime should be charged either at the state or federal level, and the penalties for violating federal drug laws are often far more serious than state penalties. If you have been charged with federal crimes related to possession, distribution, or trafficking of drugs, you need an experienced criminal defense attorney at your side. Many convictions for violating federal drug laws carry a mandatory sentence and jail time is often longer. And, if it is not your first drug or drug trafficking offense, the penalties – should you be convicted – can often be dire.

Federal Drug Charges

The most common reason someone is indicted on a federal drug charge, rather than at the state level, is because large amounts of drugs were involved and those drugs were transported from other states and/or countries to Ohio. So, you can still be charged at the federal level without ever stepping foot outside Ohio.

Types of Federal Drug Charges

If you are charged by the federal government on drug-related crimes, the charges are similar to those types of charges you would face at the state level:

Drug possession
Drug trafficking
Drug manufacturing
Conspiracy to commit drug trafficking or manufacturing

Penalties for Federal Drug Crime Convictions

If you are convicted of a federal drug crime, your sentence will likely depend on the amount of drugs you were convicted of and your criminal history. Other factors that can increase your sentence are whether anyone died as a result of your actions, whether you were in possession of a weapon, and whether you have any previous similar convictions. The manufacture, possession and/or trafficking of drugs in large quantities (more than a kilo of cocaine, more than 10 grams of LSD, more than 50 grams of meth, or more than 1,000 kilos of marijuana) result in a minimum 10-year sentence, up to life in prison. Crimes related to smaller drug amounts may still carry minimum sentences of five years up to 40 years. Any drug crime resulting in death or injury to others can result in a 20-year-minimum sentence. Fines can also be in the millions of dollars.

What to Do If You Are Arrested for Federal Drug Crimes

Prior to your preliminary hearing, you should retain an experienced criminal attorney. You will be in custody until the preliminary hearing. The federal government only has to prove probable cause at the preliminary hearing, so your case is unlikely to be dismissed at this point, but your best bet for being released until the case is heard is by having an attorney who can argue for your ability to post bail until you go to court. Your attorney can help you:

Demonstrate ties to the community
Provide character witnesses
Minimize the severity of the charges
Assure the judge you have a place to stay
Assure the judge you are able to stay away from criminal influence

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law. The procedure, rules of evidence, and investigation periods all differ from state law, so an experienced federal criminal defense attorney is essential. For more information and a free consultation, please contact Jeff Hastings, experienced Criminal Defense Attorney.

Self-Defense and the Ohio Castle Doctrine

The Castle Doctrine is intended to protect homeowners from being threatened inside their own homes, but it is complicated. If you’re claiming self-defense, you need an experienced attorney at your side.

When do you have the right to use deadly force in self-defense? When will the law work with you, rather than against you, in the face of threat? In Ohio, the ability to use deadly force for self-defense – and not go to jail for manslaughter or murder – must meet certain standards.

Duty to Retreat

If you are in public, on a street or in a public place, and you face a physical threat, you have what’s called a “duty to retreat” – in other words, rather than face the threat, you are required by law to do your best to escape from the threat by leaving, running away, or getting help from a peace officer. Only when the use of force is your only alternative will self-defense be found legitimate by a jury. Currently, the law in Ohio requires a defendant asserting self-defense to prove three things by a preponderance of the evidence (more likely than not):

(1) That the defendant was not at fault in creating the situation giving rise to the “affray.”

(2) That the defendant “had a bona fide belief that he was in imminent danger of death or great bodily harm and the only means to escape such danger was in the use of such force.”

(3) That the defendant “did not violate any duty to retreat or avoid the danger” as discussed above.

The Castle Doctrine

While you have a duty to retreat when threatened in public, Ohio is a “stand your ground” state when it comes to being threatened in your own home. You do not have to retreat if an intruder enters your home and threatens you or your family.

And intruders are the clearest cases where the Castle Doctrine applies and your argument of self-defense will not be questioned when someone breaks into your home and threatens your safety or the safety of your family. At that point, you are within your rights to use deadly force to defend yourself and your family from the intruder.

In order to be protected by the Castle Doctrine, the intruder must actually be inside your home or attempting to enter (coming in/breaking through a door or window). If the intruder is simply peeking through a window and has not made an attempt to enter, you need to call 9-1-1 and request assistance from the police. For the Castle Doctrine to apply, you must actually believe that your life or the lives of your family members are in grave danger.

There are limits to the application of the Castle Doctrine.

Invited Guests

You will not be able to use self-defense against a threat from someone who has been invited to be in your home, even if it was someone else (a spouse or child) who invited the person in. There are, of course, extenuating circumstances where this would not apply and you would be allowed to use the self-defense argument, but it is rare.

Other Residents

You cannot claim self-defense against other residents of your home. For example, you cannot kick your adult child out of the home then shoot them when they try to come back in.

Departing Burglars

As much as you might think you have the right, if the burglar or intruder is leaving your home, you are no longer protected under the Castle Doctrine, because your life is no longer in imminent danger.

Delivery People

You cannot use self-defense against postal workers or FedEx drivers who have short-term rights to be on your property. You also cannot use self-defense if you’re not home and arrive to find someone breaking in. Then, you must call the police.

The only other time the Castle Doctrine applies is if you are in your car and must act in self-defense to preserve your life. The same elements apply: you must not have invited the person into the car with you, you must not be able to flee or retreat, and your life must actually be in danger.

The Castle Doctrine is intended to protect homeowners from being threatened inside their own homes, but it is complicated. If you are being charged with a crime and believe you acted in self-defense, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.

When and Why You May Need a Criminal Defense Attorney

If you are being charged with a crime in Ohio, the consequences can be devastating. Not only can you be put in jail or on probation, but the courts can also impose hefty fines. Being convicted of a crime in Ohio can also impact your future: Professional licenses can be suspended or revoked; your employment status can be negatively affected and the opportunity to find good paying job will be diminished; and your reputation in the community can be tarnished. Those convicted of a felony lose their right to own firearms as well as their right to vote while imprisoned.

Cleveland Criminal Defense Lawyer Serving Cuyahoga County and all of Northeast Ohio

If you are facing criminal charges, hiring an experienced criminal defense attorney can ensure that you are protected and treated fairly during the litigation process. As a criminal defense attorney, I have helped hundreds of clients in the greater Cleveland area for more than 22 years, defending them against misdemeanor and felony offenses.

What Is the Role of a Criminal Defense Attorney?

The job of your criminal defense attorney is to make sure you are treated fairly. This means that your attorney will make sure the rules are followed regarding the way the government obtains its evidence and how they handle the criminal proceedings in court.

Every person in this country has the right to be presumed innocent unless guilt is proven beyond all reasonable doubt. So it is my job as your criminal defense attorney to make sure that the evidence introduced is fairly obtained, that any interviews conducted of you and other witnesses are properly performed, and that no exculpatory evidence (evidence that would prove your innocence) is overlooked or unfairly hidden from the jury and judge.

The job of a criminal defense attorney is more than just playing a role in defending the individual client. He or she works to protect your freedom during the court process and employs investigators that conduct their own inquiries, to determine what really happened. Criminal defense attorneys play a role in protecting all Ohio citizens from the Government’s use of unfair practices.

Criminal Cases in Cuyahoga County and Northeast Ohio

No two criminal defense cases are the same, and no two defendants are either. I work carefully to represent and defend you by focusing on your individual needs. The same criminal case may even be handled differently in different counties, and I consider your location, whether you’re in Cuyahoga County or elsewhere in Northeast Ohio, in my approach to your defense. I have experience representing clients who have been charged with both misdemeanors and felonies in many counties through-out in Ohio by providing the following services:

Researching legal issues
Comprehensively investigating the facts of the case
Suppressing illegally obtained evidence and witnesses
Assisting you in preparing for trial
Negotiating with the prosecutor’s office
Representing you during the trial
Selecting the best possible jury when necessary
Representing you during sentencing if necessary

If you have been charged with a serious crime in Cleveland or Northeast Ohio, you need an experienced criminal attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.