Counterfeiting Arrests in Connecticut (Part 2 of 2)
Counterfeiting Arrests in Connecticut
(Part 2 of 2)
Hiring a top Stamford Connecticut counterfeiting criminal lawyer to fight your Stamford Connecticut counterfeiting forgery arrest should be a priority in your court battle with state prosecutors. A well-thought out defense strategy is critical in defending a counterfeiting case. As any of the best Connecticut criminal lawyers would agree, you can fight your Connecticut counterfeiting arrest on several fronts. First, it is possible that you were not intentionally possessing or distributing counterfeit money, goods or merchandise. Often counterfeit money and goods look identical to an innocent purchaser and you may have had no idea that your subsequent distribution of this contraband was against the law. In cases like these, you must put state prosecutors and police to their proof. Make them prove intent. Make them prove you knowingly possessed or distributed counterfeit money or merchandise. Additionally, your top Stamford Connecticut criminal attorney will carefully review police reports, witness statements and forensic evidence for material omissions and constitutional defects. If appropriate, motions to dismiss and motions to suppress evidence may have to be filed with the court, even if they ruffle the feathers of heavy-handed prosecutors and district attorneys. With your freedom and reputation on the line, it’s not the time to pussyfoot around the courthouse with smiles and formalities. You need an aggressive Stamford criminal attorney who is ready to take your case to trial if necessary.Can I Get a First-Time Offender Diversionary Program for My Counterfeiting Arrest?
Possibly. The top Westport, Wilton or Danbury criminal lawyers will explain to you that if you have been arrested for a Class C or D felony counterfeiting charge, then you may be eligible for the Accelerated Rehabilitation Program (often called “AR” around the Connecticut criminal courthouses). If granted, this AR program suspends the prosecution of your Connecticut counterfeiting case and if you successfully complete the program, then the court dismisses and expunges your Connecticut counterfeiting arrest in its entirety. Eligibility for the AR Program depends on a few factors. First, you must be a first-time offender – anyone who has a criminal conviction record from any state will not be able to enter the program. Next, your crime must be an offense that is not so serious in nature so as to warrant the denial of the program. Finally, after the judge hears argument and reviews legal briefs from your top Greenwich Connecticut criminal lawyer, the judge must make a finding that you are not likely to re-offend in the future. Obviously, a lot of these factors lie in the sole and absolute discretion of the Connecticut Superior court judge, making it all the more important that your top Connecticut criminal counterfeiting lawyer present the best possible argument and written presentation to the court. The extent to which you were involved in any counterfeiting conduct might affect the judge’s decision. To this end, your top Stamford Connecticut forgery lawyer might advise you to engage in certain rehabilitation tasks prior to making your AR application, such as engaging in community service, mental health counseling, or inpatient drug or alcohol abuse rehab. The good news is that if your application is granted, then your Counterfeiting arrest will be dismissed and expunged in its entirety—a grand slam home run in any Connecticut counterfeiting arrest case.Can I Get Federally Indicted and Arrested in Federal Court for Counterfeiting?
Absolutely. This issue is always an unsettling fact that hangs over anyone arrested in Connecticut state court for counterfeiting. If the feds believe you are a leader or operator of a counterfeiting scam, then they may also prosecute you in federal court for counterfeiting, where they know that you know (or your top Connecticut counterfeiting lawyer knows) that the jail maximums are much higher than state court penalties. As the best Connecticut counterfeiting criminal lawyers would advise, while counterfeiting money and merchandise is a crime in the State of Connecticut, counterfeiting is also a federal crime subject to prosecution in any of the Connecticut federal courts. This means that if you are facing charges in Connecticut State Superior Court for counterfeiting, then you can also be prosecuted by federal authorities such as the FBI, Secret Service and United States Attorney’s office.What are the Federal Laws Prohibiting Counterfeiting Goods & Merchandise?
If, with the intent to deceive a consumer, affix an unauthorized imitation of a recorded trademark upon a product that is similar to those that the trademark is designed for, then you can be charged not only state law C.G.S. § 53-347a, but you can also be charged under federal criminal law 18 U.S.C.A. 2320. This section of the United States federal law prohibits trafficking in goods that you know carry counterfeit logos, marks or trafficking in labels or packaging that you know a counterfeit mark has been affixed to and that is likely to deceive others. A conviction under this Section of the United States Code can result in a fine of up to $2,000,000 and a prison sentence of up to 10 years – penalties far more severe than those mandated by the Connecticut criminal law governing Counterfeiting goods. For a complete list of conduct prohibited under 18 U.S.C. § 2320, click here.Federal Criminal Laws Prohibiting the Counterfeiting of Money
The United States Secret Service usually investigates and prosecutes United States currency counterfeiting. Conduct prohibited by Connecticut’s Forgery statutes is also prohibited under a number of federal statutes that can be found in Title 18, Chapter 25 of the United States Code, Counterfeiting and Forgery. The statutes under this Chapter prohibit conduct such as falsely making, passing, selling or dealing fake money or securities. So if you have been arrested for First Degree Forgery in Connecticut, the feds may choose to take over the prosecution of your case and have your case transferred to federal court for prosecution under any number of statutes in Title 18, Chapter 25 of the United States Code. Convictions for violations of these federal counterfeiting statutes can result in very lengthy sentences of up to 25 years in prison.
So with the risk of your Connecticut state counterfeiting arrest going federal at any time, it makes sense to contact a top Connecticut counterfeiting criminal lawyer attorney to begin getting in front your state counterfeiting charges. Contacting an attorney that is well-versed in both Connecticut state and federal crimes is critical in counterfeiting cases, where you may very well find yourself facing charges in State and Federal Court at the same time, or undergoing a federal investigation while your State charges are pending in a Connecticut Superior Court. Hiring two sets of attorneys to handle the respective state and federal cases does not make sense. Go with a top Stamford or New Canaan criminal lawyer who can handle your entire case—state and federal—from start to finish.Contact A Stamford Counterfeiting Criminal Lawyer at Mark Sherman Law Today
As you can see, Connecticut counterfeiting laws pack a one-two punch—stiff jail sentences coupled with sky-high six figure fines. All the more reason to not go it alone and to consult a Connecticut counterfeiting lawyer who can help you through the criminal court process. The team of experienced and aggressive criminal lawyers at Mark Sherman Law are prepared to sit with you and your family, evaluate the strengths and weaknesses of your case, and provide you with an honest assessment of your case, from a both a risk-benefit analysis and a cost-benefit perspective. Our goal is results. So contact a Mark Sherman Law criminal attorney today to start fighting your Connecticut counterfeiting arrest. We are available 24/7 to take your call at (203) 358-4700.Related Links: