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# RICO Charges Are Serious
*Serving Families Throughout Austin*
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5. RICO Charges Are Ser ...
July 01, 2018
|
By
Carroll Troberman, PLLC
RICO (Racketeer-Influenced and Corrupt Organization Act) was originally
passed by Congress in 1970, and signed into law by President Nixon, to
prosecute members of organized crime. In the 1970′s organized crime
was a dilemma that the federal government wanted to control. By passing
the RICO Act, prosecutors had more tools to get the convictions they desired.
*Since then it has been expanded to include a variety of crimes, such as:*
* Mail and Wire Fraud
* Counterfeiting
* Drug Trafficking
* Money Laundering
* Embezzlement
* Bankruptcy and Securities Fraud
* Insider Trading
* Obstruction of Justice
* Copyright Infringement
Under the conditions of RICO, a person who commits “at least two
acts of racketeering activity” from a list of 35 different crimes
(27 under federal criminal law and 8 under criminal state laws), in a
10-year period can be charged with racketeering. The penalties for RICO
crimes are $25,000 in fines and up to 20 years in prison to life. Additionally,
the defendant must forfeit all money or property gotten through illegal activity.
RICO
charges are not as difficult to prove as some other crimes, because it focuses
on criminal behavior instead of criminal acts. To prove a pattern, there
must be two racketeering acts. The Supreme Court stated that acts are
related if they “have the same or similar purposes, results, participants,
victims, or methods of commission, or otherwise are interrelated by distinguishing
characteristics and are not isolated events.” (H.J. Inc. v. Northwestern
Bell Telephone Co. 492 US 229 (1989))
**Four Elements of RICO:**
* Conduct
* Enterprise
* Pattern
* Racketeering activity
RICO still finds members of organized crime, but more and more RICO is
associated with white-collar crimes, where there is a long-term relationship.
Some Rico relationships are quid pro quo, and others resemble extortion
rings, or a predatory relationship.
The RICO act does not have a statute of limitations, although, in civil
RICO cases, the Supreme Court has held that four years after the discovery
should be adhered to.
RICO has been used in cases against police departments; Catholic priests
accused of sexual molestation, Hells Angels Motorcycle club, and numerous
business executives involved in ponzi schemes. RICO claims can also be
made in civil lawsuits, not just criminal cases.
With every case prosecuted under the Rico statute, it becomes more vague
and further from its intended purpose. So, is RICO morphing to conform
to the new challenges of society or has it become a lynchpin for eager
prosecutors? The RICO statute defines racketeering activity, but the list
is expanding all the time, through case law at the state and federal level.
The RICO act is still developing.
RICO charges are very serious and should never be faced without the assistance
of an experienced attorney. Criminal defense
 are the firewall between the power of the state and the rights of the
accused. If you have been charged or indicted under RICO, you must retain
an attorney as soon as possible to achieve the best defense possible.
---
** Carroll Troberman, PLLC to set up a consultation today.**
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Contact
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**Locations**
* **Carroll Troberman, PLLC**
  1400 W. 6th Street
   Austin, TX 78703
  13110 West Hwy 290
   Suite #303
   Austin, TX 78737
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2025 All Rights Reserved.
# Blogs from June, 2018
4. June
## Most Recent Posts from June, 2018
##### Categories
##### Archives
  **Sobriety Checkpoints Remain Illegal In Texas**
  Jun 30, 2018
  **Your Rights: Arrest and Holding**
  Jun 1, 2018
# Sobriety Checkpoints Remain Illegal In Texas
5. Sobriety Checkpoints ...
June 30, 2018
Statistically, Texas ranks as one of the worst states for accidents caused
by drunk driving, but the number of drivers pulled over for impaired driving
ranks significantly higher. In an effort to curb accidents caused by impaired
drivers, a large
 enforcement net has been cast over the citizens of Texas. Current Texas
law stipulates a person can be considered intoxicated and driving under
the influence if their blood alcohol concentration (BAC) is 0.8 percent
or higher, or under the influence of any drug. The average person can
achieve 0.8 percent by ingesting two or three drinks within an hour, especially
for women and younger people.
## Enforcement Initiatives
Over the years, Texas has continued to increase DWI enforcement initiatives
and pass legislation with harsh criminal law penalties for DWI/DUI offenses.
One example of increased DWI/DUI enforcement occurred in Austin. The police
force created a dedicated DWI enforcement unit where officers conduct
frequent, sustained, and highly visible impaired driving patrols. The
enforcement unit also acquired a bus to serve as a command vehicle, equipped
with an Intoxilyzer 5000 and videotaping capabilities.
A controversial, yet effective DWI/DUI enforcement measure being implemented
throughout the U.S. is sobriety checkpoints (also called “DUI”
checkpoints.) Checkpoints consist of police officers stationed in various
locations to check drivers for signs of intoxication and impairment. Many
states have implemented sobriety checkpoints; 38 states in the U.S. currently
utilize them as part of their DWI/DUI enforcement program. However, they
remain controversial and nonexistent in other states due to constitutional issues.
## Sobriety Checkpoints
Implementing sobriety checkpoints is a state legislative decision. Some
states authorize their use, some forbid them, and some remain silent on
the issue. States that have no explicit authority to utilize checkpoints
may or may not conduct them, and in many states, the courts have weighed
in on whether to uphold or prohibit sobriety checkpoints based on the
interpretation of that state’s Constitution or the U.S. Constitution.
The Texas State Legislature is no exception to considering sobriety checkpoints
and has joined the fray in considering their use. Bills have been introduced
in the state legislature regarding checkpoints since 1995, but have failed
passage each time. To date, Texas has remained firm in prohibiting checkpoints,
declaring them illegal based on interpretation of the U.S. Constitution.
Although advocates on both sides of the issue understand the beneficial
significance of deterring drunk drivers with sobriety checkpoints, the
constitutional rights of U.S. citizens has trumped the benefit; innocent
drivers in Texas have a right not to be improperly detained (without probable cause.)
The more Texas continues to pass stricter DWI/DUI enforcement initiatives
and criminal laws with harsh penalties, or implement enforcement directives
just shy of an stationery sobriety checkpoint, such as moving command
center vehicles, these actions, in combination with the relentless advocates
of sobriety checkpoints, the more important it has become that Texas residents
are fully aware of their constitutional rights, and how they apply in
this area of law.
Criminal defense
 in Texas are the experts in ever-changing state legislation, Texas Criminal
Code and the state’s DWI/DUI laws in relation to our federal constitutional
rights. Seeking their counsel not only provides enhanced knowledge of
our constitutional rights, but relevant and appropriate legal advice is
available if our rights are infringed upon and need defending.
** Carroll Troberman, PLLC today to get the expert legal advice you deserve.**
* [**10 Defenses to a DUI Charge**
  Aug 1, 2024
* [**Public Urination: What You Need to Know**
  Mar 30, 2018
* [**Avoiding a DWI This Holiday Season**
  Nov 1, 2017
# Your Rights: Arrest and Holding
5. Your Rights: Arrest ...
June 01, 2018
As you are probably aware, a police officer must have probable cause in order to arrest a suspected criminal. Probable cause is a very abstract term that can apply to various situations. Basically, a police officer must have some evidence to make him/her believe a person has committed a crime in order to arrest them. But what if the police officer got it wrong, and you truly did not commit a crime at all? How long can police hold a person without charges?
## How Long Can I Be Held?
Because the Sixth Amendment to the Constitution gives citizens the right to a speedy trial, there is a time limit to how long police can detain a person without presenting charges. This amendment was created as a way to protect citizens from serving jail time before being found guilty. Generally, police can hold a suspect for up to 72 hours. If no charges can be brought against a suspect by a prosecutor, the person must be released. However, if charges have been made, a person can be released when bail is posted.
## Know Your Rights Regarding Arrest
If you are arrested by police, it is important to know  during the process. You have a right to a **speedy trial** and to be **considered innocent until proven guilty**. If criminal charges have been brought against you, it is very important to have an experienced and understanding criminal defense attorney to guide you. At Carroll Troberman, PLLC,   and  know the ins and outs of the criminal defense process, and you can trust them to get you the best possible outcome for your case.
** today to schedule a confidential case consultation with an experienced Austin criminal defense attorney.**
# Blogs from May, 2018
4. May
## Most Recent Posts from May, 2018
  **Texas Criminal Code: Statute of Limitations**
  May 31, 2018
  **Apps Every Lawyer Needs**
  May 15, 2018
  **A Guide To Posting Bail In Texas**
  May 1, 2018