Serious Charges Require Strategic Defense—Contact Floyd Law Offices PLLC
Allegations involving racketeering, enterprise activity, or complex conspiracy can put your freedom, reputation, and future at risk. If you are facing this level of accusation, you need a plan, and you need it now. At Floyd Law Offices PLLC, our criminal defense team in Raleigh represents people charged with serious and complex offenses.
We know that most people who are pulled into a RICO-style case have never been through anything like this before. You may be hearing about “enterprise,” “pattern,” or “conspiracy” for the first time, and you might not understand why you are named alongside others.
From the first conversation, we focus on your specific situation rather than a one-size-fits-all playbook. If you need guidance from a RICO defense attorney in Raleigh who will treat you as a person instead of a case number, we encourage you to reach out to our office.
If you are under investigation or have been indicted under the RICO Act, contact a RICO defense attorney in Raleigh who knows how to fight back. Floyd Law Offices PLLC offers a free consultation to evaluate your case and start protecting your assets. Call (919) 805-3663 or contact us online today.
Understanding RICO Laws in North Carolina
While many people associate RICO exclusively with federal law, North Carolina has its own powerful version: the North Carolina Racketeer Influenced and Corrupt Organizations Act, found in Chapter 75D of the North Carolina General Statutes. A Raleigh RICO defense lawyer must navigate both state and federal jurisdictions, as these charges often overlap.
Under NCGS § 75D-4, it is unlawful for any person to:
Engage in a pattern of racketeering activity to acquire or maintain any interest in or control of an enterprise or property.
Conduct or participate in an enterprise through a pattern of racketeering activity, whether they are an employee or just "associated" with the group.
Conspire to do either of the above.
In North Carolina, the term "Enterprise" is defined broadly. It can be a legal entity like a corporation or a partnership, but it can also be an "association in fact"—a group of individuals who have no formal legal structure but work together toward a common goal.
This broad definition is what allows prosecutors to sweep up individuals who may only have a peripheral connection to the alleged criminal activity.
The "Pattern" Requirement
The most critical element of a RICO charge is the "pattern of racketeering activity." In North Carolina, this requires at least two incidents of racketeering activity that have similar purposes, results, accomplices, or methods. These acts cannot be isolated; they must be interrelated. This "pattern" is the hook that allows the state to turn a series of smaller offenses into a massive, high-level criminal case.
Penalties and Collateral Consequences of RICO Convictions in North Carolina
The penalties for a RICO conviction in North Carolina are designed to be "equitable sanctions"—meaning they are intended to strip the defendant of everything they gained through the alleged activity.
Criminal and Civil Penalties
Imprisonment: Federal RICO convictions carry up to 20 years per count, or life if the underlying act (like murder) warrants it. State-level penalties are equally severe depending on the underlying felonies.
Fines: Defendants can be fined up to $250,000 or twice the amount of the gross profits derived from the racketeering activity.
Treble Damages: In civil RICO proceedings, an "innocent person" injured by the racketeering activity can sue for three times the actual damages plus attorney fees.
Asset Forfeiture
Perhaps the most devastating aspect for a Raleigh RICO defense lawyer to manage is the RICO forfeiture proceeding (NCGS § 75D-5). All property—real or personal—used in or derived from the racketeering activity is subject to forfeiture to the state.
Pre-Trial Seizure: The Attorney General can seek a restraining order or a "RICO lien notice" to freeze your bank accounts, homes, and businesses before you are even convicted.
Innocent Spouse Protection: North Carolina law provides some protection for "innocent persons" (like a spouse) who owned property with the defendant, but navigating these claims requires immediate legal intervention.
The North Carolina RICO Legal Process
The timeline for a RICO case is often much longer than a standard criminal case, sometimes spanning years of investigation before an arrest is made.
Grand Jury Indictment: Most RICO cases begin with a secret grand jury. By the time you are arrested, the government has likely been wiretapping phones and auditing your finances for months.
Arraignment and Bond: Because of the "organized crime" nature of RICO, bond can be set exceptionally high. We fight for reasonable release conditions so you can assist in your own defense.
The Discovery Phase: This is the "paper war." Our firm manages the review of gigabytes of digital data, financial ledgers, and intercepted communications.
Motions to Suppress: We look for constitutional violations. If the government’s wiretap was illegal or their search warrants were overly broad, we move to have that evidence excluded.
Trial: RICO trials can last weeks or months. They require a jury to follow complex instructions regarding multiple defendants and dozens of alleged acts.
Our Comprehensive Approach to RICO Defense
At Floyd Law Offices PLLC, we treat a RICO case like the legal marathon it is. Our firm provides a multi-layered defense that addresses both the criminal allegations and the civil asset threats.
When you hire a RICO defense attorney in Raleigh from our team, we provide:
Forensic Accounting: We employ experts to trace funds and prove that your assets were derived from legitimate sources, not "racketeering proceeds."
Enterprise Deconstruction: We challenge the existence of a "criminal organization," highlighting the independent and legal nature of your business or associations.
Predicate Act Defense: We vigorously defend the underlying charges. If there is no underlying crime, there is no RICO.
Protection of Assets: We prioritize fighting the government's attempts to freeze your accounts, ensuring you have the resources to live and pay for your defense.
What To Do If You Are Under Investigation Or Charged
When investigators reach out or charges are filed, reactions are often driven by fear. Some people feel pressure to talk in hopes of clearing things up, while others want to ignore the situation and hope it goes away. Both reactions can create serious risks, so having a clear plan is important.
Speaking with investigators without legal guidance can lead to statements that are later used out of context or misunderstood. Even honest answers can be interpreted differently once they are placed into an existing investigative narrative. It is usually safer to let a defense lawyer handle communications with law enforcement so that your rights and interests are protected.
It is also critical not to delete, change, or hide documents, messages, or financial records that could be relevant. Such actions can create separate legal problems and may harm your position in the original case. Instead, focus on preserving information and sharing it with your attorney so that it can be evaluated as part of your defense.
Why Choose Floyd Law Offices For Complex Criminal Defense
At Floyd Law Offices PLLC, criminal defense is the focus of our work. From our office in Raleigh, we represent people charged with DWI, assault, drug crimes, juvenile offenses, sex offenses, and other serious felonies. This experience across a wide range of charges helps us navigate cases that involve multiple counts, overlapping investigations, or complicated fact patterns.
We approach each case by learning about the person at the center of it. That includes your history, how you became connected to others in the case, and what you hope to protect, such as family responsibilities, professional plans, or educational goals. We do not assume that the same defense approach is right for everyone. Instead, we work with you to identify priorities and then shape a strategy around them.
People choose us because they want more than a name on a file. They want clear explanations, honest assessments, and a defense that reflects who they are and what is at stake. If you are comparing options and want a RICO defense lawyer in Raleigh who will look at the full picture of your life, we invite you to contact us for a confidential consultation.
Talk With A RICO Defense Lawyer in Raleigh
When you contact our office, you can speak with a team that is focused on criminal defense, client-centered planning, and proactive work such as investigation and pre-trial motions. Your conversation with us is confidential, and you are free to ask questions and share your concerns. Taking this step can give you a clearer view of your options and help you decide how to move forward.
To discuss your situation with our team, call (919) 805-3663.
Frequently Asked Questions
Can I Be Charged Under RICO If I Did Not Plan Everything?
Yes. Prosecutors may bring RICO or conspiracy charges against individuals they believe played a role in a larger enterprise, even if those individuals did not plan or carry out every alleged act. Charges are often based on the government’s view of how each person contributed to the overall scheme. Our team closely reviews how your role is described, what evidence supports that claim, and where the government’s theory can be challenged.
Should I Talk to Investigators Before I Hire a Lawyer?
In most cases, it is safer to consult with a defense lawyer before speaking with investigators. Statements made without legal guidance can be misunderstood or used in ways you did not intend. If investigators contact you, you may request time to speak with an attorney. We can then advise you on how to handle any communication while protecting your rights.
What Should I Bring to Our First Meeting About My Charges?
If possible, bring any documents related to the case, such as charging papers, court notices, correspondence from investigators, or notes about relevant conversations. Records you believe are connected to the allegations may also be helpful. If you are unsure what to bring, it is better to meet and begin the discussion than to delay.
Can You Help If My Case Is Already in Court?
In many cases, we can review matters that are already pending in court. Whether we can assist depends on the stage of the case and upcoming deadlines. We will evaluate what has happened so far, what options remain, and what realistic next steps may be before you decide how to proceed.
Will I Have a Say in Whether We Go to Trial or Seek a Plea?
Yes. While we provide guidance about the evidence, risks, and available options, major decisions—such as accepting a plea or going to trial—are yours to make. Our role is to ensure you have clear, thorough information so you can make informed choices that align with your goals.
