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.

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.