Savannah RICO Lawyer

Savannah RICO Attorney

When multiple parties engage in a criminal operation, it is an illegal conspiracy, and the Racketeer Influenced and Corrupt Organization (RICO) Act was created to combat this type of criminal behavior. When one member of a conspiracy is charged with a criminal offense, all other members may be charged with the same offense under the RICO Act. If you face such a charge, it is crucial to seek out an experienced Savannah RICO lawyer to represent you.

Defense Counsel for RICO Act Cases in Savannah, GA

The criminal defense attorneys at New South Law, LLC, offer results-driven and client-focused defense counsel for a wide range of criminal cases in Savannah, including those involving conspiracy and the RICO Act. The RICO Act was originally created and entered into law to make prosecution of organized crime easier. The reality is that in some cases, the RICO Act can lead to unfair prosecution.

If you find yourself embroiled in any type of RICO Act case in Savannah, it is crucial to know your rights and the value of having an experienced defense attorney representing you. The team at New South Law, LLC, has combined decades of professional experience in local, state, and federal criminal defense, and military criminal defense, and we have successfully resolved a wide range of complex conspiracy cases.

Our team will carefully review the details of your case, identify the greatest issues you face with respect to the RICO Act, and assist you in formulating an effective defense. We can also safeguard your rights through all stages of your case, ensuring that you receive a fair trial and that the outcome of your case properly reflects the facts. It is vital to secure defense counsel right away after an arrest for any crime in Savannah, especially one related to a RICO Act case.

Know Your Rights During an Arrest in Savannah

Every American citizen is protected by the US Constitution, and two amendments come into play upon arrest for any type of criminal offense. The Fifth Amendment protects against self-incrimination, meaning a suspect is not required to answer any questions or act as a witness against themselves when they are arrested on suspicion of a crime. The Sixth Amendment ensures the right to legal counsel and a fair and speedy trial.

As soon as you are placed under arrest in Savannah, the arresting officer is required to read you your Miranda rights, which is a concise explanation of your constitutional rights in this difficult situation. Part of this will include a notice that anything you say can and will be held against you in a court of law. It is crucial to take this seriously and say nothing during arrest and booking. Comply with arresting officers’ instructions but remain silent.

You should have the opportunity to contact a defense attorney after booking. It is crucial that you secure legal representation as quickly as possible after your arrest. This will ensure your attorney has the maximum time possible to work on your case and can review the details of your arrest and booking immediately. If your rights have been violated, your defense attorney will know what to do to address any such issues.

Understanding RICO Act Cases in Savannah

The main purpose of the RICO Act is to enable law enforcement to dismantle criminal operations, organized criminal enterprises, and gang activity more effectively. A RICO Act case typically involves some type of criminal operation or racket involving multiple participants, such as:

• Drug trafficking operations. Such operations typically include individuals responsible for producing and/or procuring drugs, others who handle transportation, and others who are responsible for dividing drug shipments into doses for sale, selling drugs, and engaging in other related activities to preserve the operation.
• Money laundering. This act involves washing cash earned through an illegal operation by disguising it as legitimate business profits. Most cash-based businesses are viable avenues for money laundering. It is possible for a party running such a business to face prosecution under the RICO Act even if they never engaged in the illegal operation directly, but if they knew about the laundering, they are part of the conspiracy.
• Embezzlement is a white-collar crime that may involve multiple participants. It’s possible for this type of operation to involve multiple parties stealing company funds from an employer and/or the employer’s clients. While nonviolent in nature, embezzlement is a serious offense due to the extent in which these activities often reach and the substantial sums of money involved.

These are just a few examples of potential grounds for a RICO Act case. Ultimately, whenever two or more people agree to work with one another to commit a crime, it qualifies as a criminal conspiracy and could eventually form grounds for a RICO Act case. Additionally, if more members later join the conspiracy, they are viable for prosecution under the RICO Act, even if their actions were comparably less serious than the original members’ actions.

Defending Against RICO Act Charges

Building a defense against any type of criminal charge can seem daunting, especially if you believe you are being prosecuted for the actions of others. The standard of proof in every criminal case in the United States requires a prosecutor to prove a defendant’s guilt beyond a reasonable doubt, meaning the evidence and witness testimony must show that the defendant definitely committed the illegal act. The defense attorney attempts to prevent this.

If you have been charged with participating in a criminal conspiracy under the RICO Act, your situation may seem desperate, but an experienced Savannah RICO lawyer can help you determine your optimal strategic defenses and provide the greatest chance of successfully avoiding conviction or at least minimizing your penalties.

Many types of defenses could come into play in a RICO Act case, such as:

• Lack of criminal enterprise. The prosecution must be able to prove that a criminal enterprise existed and the defendant was a part of it. A successful defense may hinge on proof that no such enterprise existed or that the defendant was wrongfully arrested as they were not a part of it.
• Lack of intent or knowledge. It is possible that the defendant unwittingly participated in the criminal conspiracy, but they were unaware that what they were doing was illegal. The prosecution must not only prove that the defendant participated in the criminal operation but also that they knew it was illegal and agreed to participate regardless.
• Duress or coercion. It is possible for a defendant to be arrested for participating in a criminal enterprise because they were forced to participate by others. Some criminal organizations will intimidate, threaten, or blackmail individuals into participating in these enterprises. The defense must show the defendant would not have taken the actions if not for the duress and coercion they faced.
• Unrelated crimes. A defendant may have committed crimes unrelated to the criminal conspiracy. If the prosecution cannot establish an evidential link between the defendant’s alleged criminal actions and the conspiracy, the defendant cannot be tried under the RICO Act. However, they will still be tried for the alleged offenses they committed.

Your Savannah RICO lawyer can help you determine which defenses are most viable to your case and assist you in dismantling the prosecution’s case. It is also possible that the prosecution will not have sufficient evidence to meet the standard of proof, or the facts may reveal that evidence used against the defendant was obtained illegally. Having the right attorney on your side will ensure you can capitalize effectively on the defenses available to you.

It is important to understand that the RICO Act is a federal statute, meaning all RICO Act cases unfold in federal court. This means a completely different set of procedures than what you could expect in state criminal court and more serious penalties. If convicted as part of a RICO Act case, a defendant may face years in federal prison, heavy fines, and many other possible penalties.

Secure Defense Representation You Trust in Savannah

When you have been charged as part of a RICO Act case, it is crucial to fully exercise your right to legal representation and find a trustworthy attorney to guide you through the difficult case ahead of you. New South Law, LLC, has years of professional experience helping clients in Savannah and surrounding areas through all types of criminal cases, and we can leverage this experience for you in a RICO Act case.

Time is a crucial variable in every criminal case. The evidence you may need to prove your innocence may only be available to be collected for a short time, and while the prosecution faces the burden of proving guilt beyond a reasonable doubt, establishing a solid alibi and contradictory evidence helps your side of the case tremendously.

Contact New South Law, LLC, today to schedule a consultation with a Savannah RICO lawyer. The sooner you meet with our team, the more time we have to review the details of your case, and the more flexibility we will have to assist you with building an effective defense.