Defending Against Counterfeiting Charges With No Criminal Record

Defending Against Counterfeiting Charges With No Criminal Record

Being accused of counterfeiting can be scary, especially if you don’t have any prior criminal record. But there are ways to build an effective defense even if it’s your first run-in with the law. This article will walk you through some strategies and what to expect if you’re facing counterfeiting charges.

What is Counterfeiting?

Counterfeiting refers to making or dealing in imitation goods or currency. It’s considered a type of fraud and is illegal under both federal and state laws. Some examples of counterfeiting include:

• Making fake money, coins, credit cards, checks, etc.
• Making knockoff designer clothes, shoes, handbags, etc. and trying to pass them off as real
• Making fake IDs, passports, licenses, etc.
• Making counterfeit labels, logos, packaging, etc. for products
• Downloading pirated movies, music, software, etc.

Penalties for counterfeiting can include fines and jail time. So you’ll want to take any charges seriously, even if it’s your first offense.

Common Defenses Against Counterfeiting

There are a few common defenses that can be effective in counterfeiting cases. Which one(s) you use will depend on the specifics of your case.

You Didn’t Know the Goods Were Counterfeit

One defense is to argue that you didn’t know the items were counterfeit. For example, maybe you thought you were buying real designer handbags at a great price, but they turned out to be knockoffs. Or someone paid you with a fake $20 bill, but you had no reason to suspect it wasn’t real. If you can show you were an innocent or unknowing participant, this may get the charges dismissed or reduced.

You Weren’t the One Who Made the Counterfeits

You can also argue that you weren’t the one who actually manufactured or created the counterfeit goods. For example, maybe you were just selling items that you purchased from someone else. As long as you weren’t involved in making the counterfeits, you may be able to avoid liability or at least get lesser charges.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

The Items Weren’t Being Sold as Authentic

Some states require prosecutors to prove you were trying to pass off counterfeit goods as real or authentic. So if you were just selling knockoff purses and were upfront that they weren’t real Louis Vuitton or Prada bags, you may not have broken the law.

You Can Challenge the Search or Arrest

If there were any issues with how the police conducted the search or arrest, that may provide grounds to get evidence thrown out or charges dismissed. For example, if the cops searched your home without a proper warrant, your lawyer can argue the search was illegal. Or if you were arrested without probable cause, the charges could potentially get tossed out.

You Can Challenge the Authenticity of the Evidence

The prosecution has the burden of proving the items in question are actually counterfeit. So one approach is to argue that the evidence isn’t sufficient to show the goods are knockoffs. If your lawyer can raise doubts about the authenticity tests or methods used, you may be able to defeat the charges.

What to Expect if You’re Charged with Counterfeiting

Here’s an overview of what typically happens if you’re charged with counterfeiting:

1. Arrest and Booking: If police have evidence to suspect you of counterfeiting, they can arrest you and take you to jail for booking. This involves taking fingerprints, photos, etc.
2. Charging Decision: The prosecutor will review the evidence and decide what charges to file, if any. Charges may be at the state or federal level.
3. First Court Appearance: You’ll be brought before a judge within 48 hours. The judge informs you of the charges and your rights. Bail may be set at this point.
4. Preliminary Hearing: For felonies, there will be a preliminary hearing where the prosecution presents evidence. The judge decides if there’s enough evidence to proceed.
5. Grand Jury: For federal charges, your case will go before a grand jury. They will determine if there’s probable cause to indict you.
6. Plea Bargaining: Your defense lawyer may try to negotiate a plea deal, such as pleading to a lesser charge to avoid trial.
7. Trial: If no plea agreement, your case will go to trial. A jury will decide if you are guilty beyond a reasonable doubt.
8. Sentencing: If found or plead guilty, the judge will impose a sentence based on guidelines and statutes.

Building a Strong Defense When You Have No Record

Having no prior criminal history can actually help your defense. Here are some ways it can be beneficial:

• The judge may be more lenient in setting bail and conditions of release pre-trial since you have no record of skipping court dates or violating probation.
• Prosecutors may be more willing to offer a favorable plea deal to a first-time offender.
• You have a better chance of getting charges dismissed or reduced through diversion programs for those with no record.
• Judges tend to impose lighter sentences on first-time offenders with no history of similar crimes.
• Juries may be more sympathetic to someone without a criminal background.

Your defense lawyer can leverage your clean record to argue that this was simply a one-off mistake and not part of a pattern of illegal behavior. Be sure to discuss all the mitigating factors with your attorney.

Selecting the Right Lawyer

Having the right lawyer makes a huge difference, especially for first-timers. Look for an attorney with specific experience defending counterfeiting charges. Ask about their track record getting charges dismissed or reduced for clients with no criminal history.

A lawyer who regularly handles these cases will know the prosecutors and judges and have insight into the best defense strategies. They’ll also know the typical penalties so they can advise you on possible outcomes. Don’t just go with any public defender – do your research to find the best defense lawyer.

Following Your Lawyer’s Advice

Listen carefully to your lawyer’s advice about what to do, say, and avoid doing/saying. Don’t talk to anyone about your case without your lawyer present. Give them any evidence or information that could help your defense. Following their lead is crucial.

Dressing and Acting Respectfully in Court

Make a good impression by dressing neatly and conservatively for court dates. Be polite to the judge, prosecutors, and court staff. Acting respectfully can influence how they perceive you.

Expressing Remorse and Taking Responsibility

Judges and prosecutors tend to look more favorably on defendants who express genuine remorse and take responsibility. Even if pleading not guilty, showing you understand the seriousness of the charges can help.

Highlighting Your Clean Record and Positive Character Traits

Pointing out that you have no criminal history and providing character references can show this was an isolated mistake. Judges want to see evidence you can learn from this and won’t repeat the behavior.

Participating Fully in Any Diversion or Rehab Program

First-time offenders are often eligible for diversion programs to avoid a conviction. Fully engaging in any required classes, treatment, community service, etc. shows you’re committed to getting back on the right path.

Being Cooperative, Not Combative

Don’t get hostile or arrogant with the judge or prosecutors. Maintain a cooperative, constructive attitude. This is especially important if trying to negotiate a plea bargain.

Potential Penalties If Convicted

Penalties vary widely based on the specifics of each case. Some factors judges consider include:

• Type and value of counterfeit items involved
• Scale of the operation (large wholesale vs. small retail)
• Role the defendant played (leader vs. minor participant)
• Evidence showing intent to defraud
• Defendant’s criminal history

For dealing in counterfeit goods, first offenses often lead to probation or less than a year in jail. Fines up to $250,000 are possible. For making counterfeits, penalties can be much harsher – up to 5+ years in prison.

Federal charges generally bring stiffer punishments – up to 15-20+ years for large-scale operations. Immigration consequences are also possible for non-citizens.