Criminal Law Newsletters

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:

DUI Defenses

If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Some of the most common and potential defenses are discussed below in more detail.

Ex Post Facto Laws

An ex post facto law is a law that provides for punishment for an act that was committed when the act was not illegal. Additionally, an ex post facto law includes:

Criminal Forfeitures and Attorney Fees

Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to her attorney if:

International Money Laundering and Undercover Money Laundering Transactions

International money laundering is a federal offense. The elements of this offense include: Monetary instruments that are transported internationally; Defendant acted with the intent to promote the carrying on of the illegal activity, concealed the original transaction, attempted to avoid tax liability, or attempted to avoid reporting requirements; Transfer was done with the intent to conceal the proceeds from an illegal activity; Defendant knew the monetary instrument represented the proceeds derived from illegal activity.