We Will Fight to Stop the Misuse of Law by Police and Prosecutors

Police and prosecutor misconduct results in wrongful convictions, unjust sentences, and malicious prosecutions. The only check on the system is criminal defense lawyers who will do whatever it takes to protect their clients.

An Example of Government Overreach

In 2002, Congress passed a law known as the Sarbanes-Oxley Act, designed to discourage people from engaging in the sort of evidence-destruction frenzy that took place in the waning days of Enron and other corporate scandals. The federal government uses this law to prosecute a commercial fisherman accused of destroying undersized fish caught in the Gulf of Mexico. Why is this important to you? Because if the United States Attorney’s Office gets away with warping criminal statutes to prosecute unintended conduct, the floodgate can open to any innocent person’s wrongful prosecution. Cases like this cause many to ask, “Prosecutors misusing the law – who will stop them?”

Yates was busted by the Florida Fish and Wildlife Commission for having 72 undersized red groupers on his board and was issued a ticket. When he returned to port, there were only 69 fish on board. He was accused of throwing three of the undersized fish overboard – an act which the United States Attorney claims is the same as “shredding evidence.” A jury found him guilty of two felony criminal counts of knowingly destroying, concealing, and covering up undersized fish with the intent to impede the investigation and proper catching of red grouper under the legal minimum in violation of the anti-shredding statute. No shredder needed to be involved.

The 11th Circuit Court upheld Yates’s conviction. He was sentenced to supervised release (a federal form of probation). The trial court even doubted that throwing away fish is a falsification of a record. Yates argued that “tangible object” is so vague that no one could have notice of what would put them in jeopardy of violating the Sarbanes-Oxley Act. The Supreme Court has said that due process requires a person to have “fair notice” that their behavior would be a criminal violation before being convicted. Using surprise tactics is one example of prosecutors misusing the law.

However, the United States Supreme Court accepted Yates’s appeal from the lower federal courts. It sided with the fisherman’s motion, thus reversing the lower federal court’s decision, finding that fish are not considered “tangible objects” for the purpose of the statute.

Shutting Down Prosecutors Who Misuse the Law

Federal and state prosecutors are very creative and crafty when it comes to using our criminal laws to prosecute a person when the law, on its face, does not even appear to apply to the case’s facts. They enjoy trying new angles to start prosecutions and gain convictions. Examples of prosecutors misusing the law include Resisting and Obstructing the Police, Obstruction of Justice, Conspiracy, RICO, and fraud.

It would be best to have a law firm that will protect you and counteract the frequent shenanigans of prosecutors inclined to misuse the law. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are vastly experienced in dealing with anything and everything a federal and state prosecutor can throw at you. We are never intimidated by the government and will fearlessly do whatever it takes to turn the tables and get you the advantage in court.

If you are dealing with a criminal investigation or charged with a crime, the lawyers at LEWIS & DICKSTEIN, P.L.L.C. are ready to help you. We have decades of experience in successfully all criminal matters. If you feel you are not being treated fairly, the government is being overly harsh or falsely accused, the stakes are too high to trust your fate with the lowest bidder.

Fearless criminal defense lawyers are necessary for a just legal system and to prevent prosecutors from misusing the law.

In the intricate ballet of the legal system, where the scales of justice are perpetually in motion, the role of skilled, experienced, and fearless criminal defense lawyers cannot be overstated. At LEWIS & DICKSTEIN, P.L.L.C., our dedicated team embodies these crucial qualities, serving as the vital counterbalance to government power and ensuring the fairness of the judicial process. Our seasoned attorneys, renowned for their unwavering commitment and tenacity, stand as staunch defenders of our clients’ rights, tirelessly safeguarding them against any form of government overreach or misconduct. With a profound understanding of the law and a strategic approach honed over years of practice, we navigate the complexities of the legal system to protect the innocent and secure justice for those we represent. Our firm’s reputation as a beacon of defense in Michigan’s legal landscape is a testament to our ability to challenge discrepancies, advocate for truth, and achieve the best possible outcomes, making LEWIS & DICKSTEIN, P.L.L.C. the definitive choice for anyone seeking fairness and protection in the face of legal adversity.

What would the criminal legal system be like without zealous defense lawyers?

Without zealous defense lawyers, the criminal legal system would risk becoming a one-sided arena where fairness and justice are mere afterthoughts. Prosecutors, faced with the pressures of securing convictions, might be tempted to stretch the boundaries of the law, potentially leading to the misuse of legal statutes and the erosion of fundamental rights. The absence of skilled, experienced, and fearless defense attorneys would leave individuals vulnerable to unchecked government power, making the prospect of wrongful convictions, exaggerated charges, and unjust sentences all too real. The critical role of defense lawyers in challenging evidence, questioning prosecutorial motives, and advocating for the accused ensures that the scales of justice remain balanced. Their presence is not only essential for the individuals they represent but also for the integrity of the legal system as a whole, safeguarding against the misuse of the law and maintaining the foundational principle that everyone deserves a fair trial.

Free Consultation with a Criminal Defense Attorney

If you call us for a free consultation and case evaluation, we will take the time to patiently listen to your story, help you figure out the best strategy to proceed, and tell you how we will go about building a solid defense. We treat our clients with respect and dignity. If you contact the attorneys with LEWIS & DICKSTEIN, P.L.L.C., you can count on a prompt and informative response. Anyone charged with a crime or under investigation will be dealing with terrible stress. Your lawyer should not be a source of additional stress. They should be a source of comfort, confidence, and reassurance. This is what you can expect from our lawyers. We will do whatever it takes to win your case, including calling out and fighting prosecutors who are misusing the law to convict or wrongfully punish you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.