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First Sale Doctrine Defense in Counterfeiting Cases
Using the First Sale Doctrine Defense in Counterfeiting Cases The first sale doctrine is an important defense that can be used in counterfeiting cases involving the resale of goods. This doctrine states that once a copyright or trademark owner sells an authentic item, the new owner can resell that item without needing further permission from […]
read moreBusiness Debt Relief Options for Restaurants Struggling Due to COVID-19
Business Debt Relief Options for Restaurants Struggling Due to COVID-19 The restaurant industry has been one of the hardest hit by the COVID-19 pandemic. With lockdowns, capacity restrictions, staff shortages, and now inflation, many restaurants are struggling with overwhelming debt. However, there are options for relief that restaurant owners should explore before deciding to close […]
read moreMeeting the Strict Federal Appeals Deadlines
Meeting the Strict Federal Appeals Deadlines Filing an appeal in federal court can be complicated, with strict deadlines that are easy to miss if you don’t know what you’re doing. This article will walk through the key things to know about federal appeals deadlines and how to make sure you hit them. Why Deadlines Matter […]
read moreGrounds for Appealing Your Federal Conviction or Sentence
Grounds for Appealing Your Federal Conviction or Sentence If you’ve been convicted of a federal crime, you may be wondering if you have grounds to appeal. The appeals process can seem complicated — full of legal mumbo-jumbo that’s hard to understand. But don’t worry, I’ll break it down for you here in plain language so […]
read moreGathering Evidence and Records for Your Federal Appeal
Gathering Evidence and Records for Your Federal Appeal If you lost your case at the district court level and want to appeal, you need to gather all the relevant evidence and records. This process is so important but it can be really confusing trying to figure out what all you need. Don’t worry, I’ll […]
read moreGetting Help From a Federal Appeals Attorney
Getting Help From a Federal Appeals Attorney Filing an appeal after losing a federal case can be complicated. There are strict deadlines and complex rules to follow. That’s why working with an experienced federal appeals attorney is so important. An appeals attorney can help you understand if an appeal makes sense in your case. They […]
read moreHow the Bail Reform Act Impacts Sentencing in Counterfeiting Cases
How the Bail Reform Act Impacts Sentencing in Counterfeiting Cases The Bail Reform Act, passed by Congress in 1984, made some big changes to how bail works in federal criminal cases. One of the main things it did was give judges more power to consider someone’s dangerousness when deciding whether to let them out on […]
read moreArguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases
Arguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases Being charged with counterfeiting can lead to scary consequences, including pre-trial incarceration if bail is denied. However, there are strong arguments defendants and their attorneys can make to convince judges to grant bail instead of pre-trial detention. Judges have discretion in setting bail, but some […]
read moreUsing Sureties and Bonds to Secure Bail Release in Counterfeiting Cases
Using Sureties and Bonds to Secure Bail Release in Counterfeiting Cases When someone is arrested on counterfeiting charges, one of the first things they will need to do is post bail in order to be released from jail while their case makes its way through the criminal justice system. Bail is a sum of money […]
read moreHow Pretrial Services Can Help Counterfeiting Defendants Get Bail
How Pretrial Services Can Help Counterfeiting Defendants Get Bail Getting arrested for counterfeiting can be scary. You feel anxious about what will happen next. Will you get bail? How much will bail cost? Can you afford it? What about your job, your family, your responsibilities? Your whole life feels upended. Luckily, there are programs […]
read moreAvoiding Bail Revocation and Sanctions in Federal Counterfeiting Cases
Avoiding Bail Revocation and Sanctions in Federal Counterfeiting Cases Getting arrested for a federal crime can be scary. Many people charged with federal counterfeiting crimes are released on bail while their case moves through the system. Bail allows you to fight your case from home instead of jail. But bail comes with rules you have […]
read moreHow the Bail Reform Act Affects Plea Agreements and Cooperation
How the Bail Reform Act Affects Plea Agreements and Cooperation The Bail Reform Act, passed by Congress in 1984, made some big changes to how federal courts handle bail and pretrial detention. One of the main things it did was give judges more power to detain defendants before trial if they are considered dangerous or […]
read moreHow FRE 404 Can Make or Break a Counterfeiting Case
How FRE 404 Can Make or Break a Counterfeiting Case Counterfeiting cases can live or die based on the admissibility of character evidence under Federal Rule of Evidence 404. This rule governs when character or prior bad acts evidence can be used against a defendant. Understanding 404 is crucial for prosecutors and defense attorneys in […]
read moreUsing FRE 608 to Attack the Credibility of Witnesses in Counterfeiting Cases
Using FRE 608 to Attack Credibility of Witnesses in Counterfeiting Cases What is FRE 608? FRE 608 allows a party to attack or support the credibility of a witness by testifying about the witness’s character for truthfulness or untruthfulness, or by asking the witness directly about specific instances of conduct that are probative of their […]
read moreHow FRE 702 Impacts Expert Witnesses in Counterfeiting Trials
How FRE 702 Impacts Expert Witnesses in Counterfeiting Trials Federal Rule of Evidence (FRE) 702 governs the admissibility of expert testimony in federal court. It requires that expert testimony “help the trier of fact to understand the evidence or to determine a fact in issue.” In other words, expert testimony must be relevant and reliable. […]
read moreAuthenticating Evidence Under FRE 901 in Counterfeiting Trials
Authenticating Evidence in Counterfeiting Trials: What You Need to Know Counterfeiting cases often rely heavily on documentary evidence to establish that an item is fake. But before any evidence can be admitted in court, it must be properly authenticated under Rule 901 of the Federal Rules of Evidence (FRE). This simple rule causes major headaches […]
read moreBlocking Hearsay in Counterfeiting Trials Using FRE 801-807
Blocking Hearsay in Counterfeiting Trials Using FRE 801-807 Hearsay can be a major issue in counterfeiting trials. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless it falls under one of the exceptions in the Federal Rules of Evidence (FRE). FRE 801-807 cover the rules […]
read moreHow FRE 1006 Allows Summaries as Evidence in Counterfeiting Trials
How FRE 1006 Allows Summaries as Evidence in Counterfeiting Trials The Federal Rules of Evidence contain lots of complicated legal stuff that can make a jury’s head spin. One rule that helps make things more understandable is FRE 1006. This rule lets lawyers use summaries, charts, and calculations to prove the content of voluminous writings, […]
read moreAdmitting Exculpatory Statements Using FRE 803(3)
Admitting Exculpatory Statements Using FRE 803(3) The Federal Rules of Evidence (FRE) contain various exceptions to the hearsay rule, which make certain out-of-court statements admissible despite being hearsay. One such exception is FRE 803(3), which allows statements concerning a declarant’s then-existing state of mind or emotional/physical condition to be admitted. This exception can be useful […]
read moreUsing FRE 105 to Limit Evidence Admitted in Counterfeiting Trials
Using FRE 105 to Limit Evidence Admitted in Counterfeiting Trials Counterfeiting cases can involve all sorts of evidence that may be prejudicial or confusing for a jury. That’s why judges have an important gatekeeping role under Federal Rule of Evidence 105 to limit admissible evidence to only what is relevant and not overly prejudicial. […]
read moreUnderstanding FRE 501 Privileges in Federal Counterfeiting Cases
Understanding FRE 501 Privileges in Federal Counterfeiting Cases Counterfeiting cases involve the production of fake currency, coins, stamps, trademarks, or other official documents. When these cases reach the federal level, issues of privilege often come up under the Federal Rules of Evidence (FRE) 501. This article will explain what privileges apply and how they work […]
read moreHow FRE 403 Balancing Tests Apply in Counterfeiting Trials
How FRE 403 Balancing Tests Apply in Counterfeiting Trials Counterfeiting cases often involve the use of evidence that may be prejudicial to the defendant. Under the Federal Rules of Evidence (FRE) Rule 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. This balancing test […]
read moreHow FRE 609 Allows Impeachment With Prior Convictions
How FRE 609 Allows Impeachment With Prior Convictions The Federal Rules of Evidence (FRE) contain various rules about what kind of evidence can be presented in federal court trials. One of these rules, FRE 609, specifically allows the admission of evidence of a witness’s prior convictions in order to attack their credibility. This is […]
read moreBlocking Bad Acts Evidence Under FRE 404 in Counterfeiting Trials
Blocking Bad Acts Evidence Under FRE 404 in Counterfeiting Trials Evidence of prior bad acts is often sought to be introduced in counterfeiting trials by prosecutors. However, Federal Rule of Evidence 404 limits the admissibility of such evidence. This article will examine the key issues surrounding FRE 404 and strategies for blocking bad acts evidence […]
read moreHow to Obtain Exculpatory Evidence in a Counterfeiting Case
How to Obtain Exculpatory Evidence in a Counterfeiting Case Being charged with counterfeiting can lead to severe criminal penalties. However, having the right exculpatory evidence on your side can help prove your innocence. Here’s how you can obtain exculpatory evidence in a counterfeiting case. Understand What Exculpatory Evidence Is Exculpatory evidence is any evidence […]
read moreHow Prosecutors Try to Admit Counterfeiting Evidence in Court
How Prosecutors Try to Admit Counterfeiting Evidence in Court Counterfeiting cases involve some tricky evidentiary issues. Prosecutors often try to get questionable evidence admitted in court to help secure a conviction. But defense attorneys fight back with various objections and arguments. This article will look at common ways prosecutors try to admit counterfeiting evidence and […]
read moreExpert Witnesses That Can Save Counterfeiting Defendants
Expert Witnesses: The Secret Weapon for Counterfeiting Defendants When companies discover their products are being counterfeited, they often pursue criminal charges against the offenders. Defendants in these cases can face serious penalties like prison time and hefty fines if convicted. But counterfeiting cases are complex, involving technical details about manufacturing processes, supply chains, and intellectual […]
read moreHow Private Investigators Can Strengthen Counterfeiting Defenses
How Private Investigators Can Strengthen Counterfeiting Defenses Counterfeiting is a huge problem that costs companies billions of dollars every year. From fake luxury goods to pirated movies, counterfeiters are getting more and more sophisticated in their efforts to rip off brands and content creators. While companies invest a lot in legal protections and anti-counterfeiting […]
read moreHow Polygraph Tests Can Support Counterfeiting Defenses
How Polygraph Tests Can Support Counterfeiting Defenses Polygraph tests, commonly known as lie detector tests, have been used for decades to try to determine if someone is telling the truth. While the reliability and admissibility of polygraph tests as evidence in court is controversial, they can still provide valuable support for counterfeiting defenses in […]
read moreWinning Jury Sympathy in a Federal Counterfeiting Trial
Winning Jury Sympathy in a Federal Counterfeiting Trial Being charged with counterfeiting can feel scary. The penalties are harsh. You may face years in prison. It can make anyone feel anxious. But having an empathetic legal team on your side makes all the difference. The key is winning the jury’s sympathy. Your freedom depends on […]
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