The defenses to Racketeering / Conducting an Illegal Enterprise are varied and diverse. Most often the defense is that there is not any illegal activity actually being undertaken by the business. A second defense would involve "Lack of Knowledge". This would apply when a person has business partners who may be committing illegal acts without the Defendant's knowledge. Very often the Defendant will be merely the "working partner", whereas the other person would be the "brains" of the operation. The Defendant may have no idea that his partner is engaging in acts of Bribery, Theft, Illegal Trafficking or other forms of Fraud. It is necessary to review all of the documents thoroughly, interview all witnesses who know the Defendant's good character (and his partner's bad character) and bring in expert witnesses (such as forensic accountants) who can help prove the Defendant's Lack of Knowledge.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
1-888-8CANTOR 480-858-0808
602-307-0808 623-877-8509
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Broadway Road & 101 Freeway
2141 E. Broadway Road, Suite 220
Tempe, Arizona 85282
Not GuiltyComplete Acquittal |
04/03/09 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
03/19/09 |
Felony Animal Cruelty |
Not GuiltyComplete Acquittal |
01/26/09 |
DUI and DWI |
Not GuiltyComplete Acquittal |
12/18/08 |
Extreme DWI, DUI, and DWI |
Not GuiltyComplete Acquittal |
09/16/08 |
Burglary, Possession of Burglary Tools, Criminal Damage |
Our most recent successes of more than 200 victories.
November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
