Financial & White Collar Crimes
Financial and white collar crimes typically include investigation and charges of mail fraud, wire fraud or bank fraud, money laundering, tax offenses, structuring of monetary transactions, and public corruption.
When an individual or corporation is targeted by law enforcement for investigation for a crime of this type, for example, by way of a grand jury subpoena or a visit from law enforcement agents, the first reaction is often confusion and anxiety. We can guide you through this process and help you understand your responsibilities, rights, and how you and/or your company are viewed by law enforcement.
A formal criminal charge by a federal or state grand jury initiates court proceedings and requires that the prosecution begin providing evidence for its case. As experienced criminal defense attorneys, we start attacking the government’s case from the outset through pretrial motions and other pleadings. It is often these early strategies that define the case’s ultimate outcome.
A criminal trial should be the culmination of investigation, preparation and strategy. We strive to eliminate surprises through investigation and preparation. Strategy, or the development of a “theory of the defense,” is essential to a successful outcome. Presenting the defense theory through cross examination during the government’s case is often the best way to begin the process of convincing a jury to acquit.
Narcotic Offenses
Narcotic offenses generally involve investigations and charges related to possession, delivery or manufacture of a controlled substance. Often these offenses include allegations of money laundering, bulk cash smuggling, and racketeering. We have extensive experience in the defense of narcotics cases in the federal and state court.
The successful defense of narcotics offenses typically includes a rigorous pretrial motion practice, including motions to quash arrest and suppress evidence, and motions to suppress statements. Litigating the motions in court, filing post hearing briefing, and arguing controlling case law to the court is necessary for a successful defense. We have pursued and prevailed on many such motions.
In the event a narcotics case cannot be beaten outright, knowledge of the Federal Sentencing Guidelines and relevant case law is imperative. Likewise, a strong mitigation package for sentencing in either federal or state court is a necessity in any narcotics case. We have extensive experience working with mitigation specialists to ensure the court makes the most informed sentencing decision.
Violent Crimes & Gun Offenses
Violent crimes can include, among other things, charges of terrorism, material support to terrorist organizations, first degree murder, murder in aid of racketeering, gang crimes, and attempt first degree murder. Gun offenses can include, among other things, unlawful use of a weapon, felon in possession of a firearm, armed career criminal, and aggravated discharge. We can represent you in state or federal court on any violent or gun crime.
Similar to narcotics offenses, the successful defense of these cases often turn on the presentation of motions to quash arrest and suppress evidence and motions to suppress statements. These cases frequently require extensive investigation including the locating and interviewing of witnesses. In addition, the use of experts in firearm and toolmark evidence, cell site location, eyewitness reliability, forensic pathologists, and other experts can make the difference between an acquittal or not. We have litigated numerous cases requiring the use of experts and investigators, and are prepared to pursue the avenues necessary to ensure a fair and just trial no matter the allegations.
Internet Crimes & Sex Offenses
Internet crimes often involve: computer fraud and abuse, identity theft, hacking, phishing, possession, receipt and production of child pornography, and solicitation of a minor to cross state lines. Sex offenses can include sexual abuse or assault. We can represent you in any type of internet or sex prosecution. The most successful approach to these cases often takes a dual track of investigation and analysis of potential defenses, while at the same time investigating and gathering potential mitigating evidence. The defense of these cases will typically involve the services of a forensic computer examiner, while the mitigation phase will typically require a psychiatrist specially trained in the field. We have worked with top experts in their fields to achieve successful outcomes for our clients.
Appeals & Post Conviction Remedies
If you have already been convicted of a crime, you understand the devastating impact on your life, family, career, and reputation. Almost every conviction carries with it the right to appeal to a higher court. As experienced appellate attorneys, we can examine your case for trial errors, legal nuances, and changes in the law that may lead to your conviction being reversed or to a reduced sentence.
In the event your appeal is unsuccessful, you have options to continue fighting for your freedom. For a conviction in a county court in Illinois, a post-conviction petition would be your first step after the direct appeal of your conviction. A post-conviction petition requires extensive investigation, review of all trial court records, and the drafting of substantial legal and factual arguments to persuade the court that your conviction should be reversed. You also have the right to appeal the denial of your post-conviction petition.
In the event your post-conviction is unsuccessful, you may petition the federal court to review you conviction pursuant to 28 U.S.C. §2254, commonly referred to as a habeas corpus petition. A habeas corpus petition is often your last chance to regain your freedom and reputation. These petitions involve errors of federal constitutional magnitude. There are also specific statutory time limits for the filing of such a petition, and limited bases for expanding that time limit. Hiring a lawyer knowledgeable and experienced in this highly specialized area of the law is paramount to your ability to succeed.
If your conviction arose from a federal court anywhere in the nation, to continue fighting your conviction a petition pursuant to 28 U.S.C. §2255 should be pursued. Like a state court post-conviction petition, a federal §2255 petition requires extensive investigation, review of all trial court records, and the drafting of substantial legal and factual arguments for presentation to the court. There are also strict statutory deadlines for the filing of such a petition. We have extensive experience in this area of the law, and can guide you through the process while protecting your rights.
Related Civil Matters
Oftentimes, an individual facing criminal charges is required to deal with collateral consequences, such as investigations by a non-law enforcement agency, civil law suits and employment related issues. In some cases, asset forfeiture issues arise. The lawyers at Blegen & Associates can help you address these collateral matters while ensuring that the defense of your criminal case does not suffer.
In addition, if your rights were violated during the investigation or prosecution of your case, you may be entitled to pursue a civil action against law enforcement. We can review your case to help you decide if civil action is appropriate.