Marietta RICO Lawyer

Marietta RICO Attorney

Racketeering and RICO charges are serious criminal offenses that come with steep legal consequences. If convicted, it can not only result in significant fines and jail time but also have a lasting impact on your long-term future. Consulting with a Marietta RICO lawyer is crucial for anyone who has been accused of RICO crimes to ensure that their future and reputation are secure.

What Is Racketeering?

Racketeering is a criminal offense that is commonly associated with organized crime and is most simply defined as dishonest and fraudulent business dealings.

One common example of racketeering is when organized crime creates a dangerous environment or elements associated with a business and then approaches the business with an offer to protect the business for a price, also known as protection money. If the business refuses to accept the offer, then the business will face additional danger.

Racketeering is one of the fundamental elements of RICO charges and has to be committed as an additional charge in tandem with another illegal act in order to have the charges brought forward. This can understandably be very complicated, which is why it’s vital for anyone accused of racketeering to consult with an experienced racketeering defense attorney so that they can better understand the charges and potential avenues for defense.

What Is RICO?

The Racketeer Influenced and Corrupt Organizations Act (RICO) was a federal law passed in 1970 for the purpose of the federal government to combat organized crime. This law has provided prosecutors with the ability to legally identify and convict individuals who operate illegal businesses or are involved in illegal business operations.

Any person who has participated in a pattern of criminal activity that is motivated by financial gain and/or physical threats can be charged with RICO. Naturally, this is predominantly used related to organized crime activities.

What Are the Common Defenses Against RICO Charges?

Common defenses against RICO Charges include insufficient evidence, mistaken identity, no association with the crime, no connection between the injuries and the act, and illegal search and seizure. Given the serious felony charges and strict penalties associated with RICO charges, individuals accused of these offenses often feel like they are fighting an uphill battle. While no RICO charge is considered easy to combat, there are, however, a few valid defense strategies that can be used.

Here are some of the more common defense strategies used against RICO charges:

• Insufficient Evidence: If the criminal acts were not part of a pattern of similar events or they were not involved as part of a scheme, then they are not considered to be predicate acts. One or two isolated incidents are typically not sufficient to prove a pattern or that the defendant was part of an organized scheme.
• Mistaken Identity: In some cases, the defendant is incorrectly identified. If they are able to prevent an adequate alibi, then that evidence is typically enough to prove that, although a crime may have been committed, it was done by another individual.
• No Association with the Crime: A defendant simply having an association with other criminals involved in RICO acts is not enough to prove that there was racketeering committed by the defendant. The prosecution must prove that the defendant actually conspired to violate the RICO Act or that they directly participated in the organized racketeering activity. Indirect participation is not sufficient to convict.
• No Connection Between the Injury and the Act: In criminal court, the prosecution must be able to prove that the injuries sustained by the plaintiff were the direct cause of the RICO Act violation. If the injuries sustained were a result of an isolated incident, then that is not enough evidence for conviction.
• Illegal Search and Seizure: Any evidence that is used against the defendant that was acquired as a result of an illegal search can be dismissed from the case and cannot be used against them. In some cases, illegally obtained evidence can result in the charges being dropped altogether.

The above strategies are just a few of the potential defense tactics that an experienced racketeering defense attorney in Marietta, GA can use in order to combat the charges filed against you and even get your case dismissed completely. That is why it is essential to the outcome of your case to consult with a reputable firm as soon as possible to increase your chances of a favorable result.

FAQs

Q: What Is the Statute of Racketeering in Georgia?

A: The statute of limitation to bring forth racketeering charges in Georgia is five years after the alleged events occurred, according to Georgia state RICO laws that were officially put in place in 1980. This is also the same under the federal RICO laws that were enacted under the RICO Act of 1971.

Q: What Is the Penalty for a RICO Conviction in Georgia?

A: The penalty for a RICO conviction in Georgia can be prison time or a fine, and, in many cases, a combination of both. Any crime under the RICO Act is considered to be a felony. For prison time, the punishment can be anywhere from 5 years to 20 years, depending on the severity of the crime. For a fine, it cannot exceed more than $25,000 or three times the amount of the value gained by the committed crime.

Q: How Much Jail Time Can You Get for a RICO Conviction?

A: In the state of Georgia, any person convicted of a crime or crimes under the RICO Act can face a prison sentence of anywhere from 5 years to twenty years, depending on the overall severity of the crimes committed. RICO crimes are considered to be felonies, and the defendant can also be subject to fines in addition to civil punishments.

The Law Office of Lawrence J. Zimmerman

Founding attorney Lawrence Zimmerman has over 25 years of experience defending individuals accused of a variety of serious federal and state crimes. His track record of successfully winning cases for his clients has earned him a sterling reputation as one of the top criminal defense lawyers in the state of Georgia.

If you or a family member are facing charges for racketeering and RICO charges, the team at The Law Office of Lawrence J. Zimmerman can guide you through the legal process and help you construct an effective strategy for an aggressive defense. Please do not hesitate to contact us for a consultation so that we can discuss your unique case and the legal options available to you.