Legal Question in Criminal Law in New York
Hobbs Act Violations
If the government fails to present sufficient evidence pertaining to the connection with Interstate Commerce, does this cause the jurisdiction to be lacking? Consequently, should the conviction be overturned? If an indictment fails to allege and/or establish the required jurisdictional Nexus for a Hobbs Act Prosecution (by not stating the required likely and/or probable effect on interstate commerce), has the government failed to include an essential element of an alleged Hobbs Act violation?
1 Answer from Attorneys
Re: Hobbs Act Violations
This is a very difficult question to answer without all of the facts of the case, generally for a conviction in a State court in such situations there is also a parallel State law violation that the Defendant is accused of... generally there can be a brief mention of the Federal issue.
Generally, an appeal would have to occur on the Federal level in such a case... to have the Court decide whether the conviction was proper under the Federal rule.
Please contact me to further discuss this case so i ma be able to infom you more properly.
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