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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
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The Oklahoma Legal Group Blog

Criminal Charges Dismissed

Adam Banner - Monday, November 16, 2015

In the past few weeks, we have worked incredibly hard to gain dismissals in two of our most challenging cases. During the last week of October, our client's charges of Lewd Molestation to a Child Under 16 and Providing Pornographic Material to a Minor were dismissed. During the first week of November, another client's charges of Money Laundering and Racketeering were dismissed.

The allegations these individual clients faced couldn't be further apart: one faced sex crimes charges, and the other faced white-collar charges. 

Regardless, the results were the same.

I have discussed sex crimes such as lewd molestation and providing pornographic material to a minor on more than a few occasions on this site, so I won't beat a dead horse with any redundant information here.  

Racketeering charges might need a bit more explanation though. 

Racketeering charges (commonly referred to as RICO charges), are derived from the federal Racketeer Influenced and Corrupt Organizations Act. In Oklahoma, the Act has been codified and amended under Chapter 26 of Title 22 of the Oklahoma Statutes. The aim of the laws regarding rackets and racketeering is to identify those individuals who have a beneficial interest in a criminal enterprise which is engaged in a pattern of racketeering activity.

Confused? Don't worry. You can click here for Oklahoma's definitions of the majority of terms used in RICO prosecutions.

Allegations of money laundering are a bit more strait-forward. In Oklahoma, any person can be charged with money laundering if he or she does anything with proceeds that he or she knows to be derived or gained from the commission of a "specified unlawful activity." A specified unlawful activity is defined as an act or omission that is punishable as a misdemeanor or felony.

Consequently, allegations of money laundering can be easier for the prosecution to prove if they are tacked on to other criminal allegations. If the prosecution is already alleging an illegal activity where money or other funds is used to facilitate the crime, there is a fair chance that they will also try to show that the proceeds or funds are being "laundered" through some other channel. 

All in all, it was a good month for my clients. We always prepare for a fight at jury trial, but the best case scenario is getting the charges dismissed before we have to risk the outcome. Even when you feel as though you have all the cards and the odds are in your favor, it is impossible to guess what twelve random individuals will think of your defense theory. 

I'll take a definite dismissal over a probable jury acquittal any day of the week.   

 

 






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