Recent Posts in Federal Defense Category
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Animal Cruelty is Now a Federal Crime
Posted By Brad Bailey LawPresident Donald Trump signed the Preventing Animal Cruelty and Torture Act (PACT Act) on November 25, 2019, making animal cruelty a felony offense under federal law. A conviction of this federal crime can lead to a maximum seven-year prison term and fines. Under the new legislation, a person can be charged with federal animal cruelty for the following acts: Crushing Drowning Burning Impaling ...Continue Reading -
Brad Bailey Discusses Varsity Blues Case in NY Daily News
Posted By Brad Bailey LawAttorney Brad Bailey was featured in a New York Daily News article titled, “Lori Loughlin and Mossimo Giannulli hit with new bribery charges in college admissions bribery scandal” on October 22, 2019. Although he is not involved in the “Varsity Blues” case, Attorney Bailey is a former federal prosecutor in Massachusetts and understands how the federal grand jury handles complex white-collar crimes ...Continue Reading -
FEDERAL HUMAN TRAFFICKING, STATE HUMAN TRAFFICKING, AND PROSTITUTION: HIRING A LAWYER WHO KNOWS THE DIFFERENCE MAKES A DIFFERENCE
Posted By Brad Bailey LawSoliciting/engaging-in prostitution and human trafficking are separate crimes. The former involves seeking/paying or giving/providing sex for a fee. Under federal criminal statutes, the latter involves slavery, indenture/servitude, peonage (slave wages), coercion, intimidation, and other elements of forced labor. Under state law in Massachusetts, human trafficking requires proof of “subjecting”, ...Continue Reading -
Is the Girl Scout Cookie Hero is a Drug Smuggler?
Posted By Brad Bailey LawOn February 27 th , 2019, you might have seen a heartwarming news story about a Good Samaritan who bought a bunch of Girl Scout cookies so the Scouts could get out of the cold weather. The story came from Greenville, South Carolina, where the temperature was near freezing when the man cleared out the stock of a Girl Scout troop posted outside a store. Now, in a strange turn of news events, the ...Continue Reading -
Potential Criminal Penalties for Drugging a Person for Sexual Intercourse
Posted By Brad Bailey LawSex crimes have been prosecuted and penalized with more tenacity than ever before in recent years. This is perhaps no more apparent than in cases involving the alleged drugging of a person for sexual intercourse . In Massachusetts, you can be charged with a federal crime and a form of rape if you have sexual intercourse with someone who is under the influence of a drug or alcohol. By the legal ...Continue Reading -
What Is Wire Fraud?
Posted By Brad Bailey LawWire fraud is one of the most serious white collar felonies on the books. Every year, fraud costs the U.S. economy trillions of dollars. As a result, the government fiercely prosecutes those suspected of fraud to reduce fraudulent activity in the future. Sadly, these overly-enthusiastic pursuits can result in innocent people getting caught up in the criminal justice system over misunderstandings ...Continue Reading -
6 Three Strikes Law Pros and Cons
Posted By Brad Bailey LawIn 2012, Massachusetts became the 27 th state to implement a “three strikes” law, making criminals who have been convicted three times of specific crimes ineligible for parole, forcing them to serve their full sentence. While the bill was touted as only affecting “habitual offenders,” it has been criticized for its lack of judicial discretion and dramatic increase in the types of crimes (1 to 19) ...Continue Reading -
Sentencing Guidelines in Federal Court
Posted By Brad Bailey LawThe sentencing process in federal court is confusing, convoluted, and can, at times, produce truly unjust results. This is due in part to the U.S. Sentencing Guidelines. The original intent behind the Guidelines was to help achieve more uniform sentencing across the country. Even though the Guidelines are no longer mandatory and have since been deemed advisory by the Supreme Court (meaning a judge ...Continue Reading -
What Is the Difference Between State and Federal Prosecution?
Posted By Brad Bailey LawIn the United States, both the states and the federal government have the power to prosecute individuals for criminal offenses, with each having its own separate court system. Determining whether a defendant’s case will be tried in state or federal court largely depends upon the alleged crime committed and its associated jurisdiction, or the rights of the state and federal government to regulate ...Continue Reading
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