Kenyan based courts fighting to shutdown Somali pirates

Wednesday, December 9th, 2009

New revelations are starting to unravel in the Kenyan courtrooms as the nine young men are being trialed. The lawyers representing both the defence and prosecution were sending legalistic blows to each other while the translator was busy changing each sentence from English to Somali and vice versa.

When the pirates are finally captured by the international warships that are in the vicinity of the Gulf of Aden and sea off the coast of Somalia then they are brought to the city of Mombasa and there they are tried in the Kenyan courts.

According to the latest court hearings, it has been revealed and proven that it is very difficult to prosecute the gangs enagaged in the acts of piracy. The main problem with securing any form of legal conviction lies in the lack of evidence in catching the pirates in their act.

Wanini Kireri who is the main officer in charge called upon the pirates as “blessing in disguise”, because according to the various sources Kenya has a deal where the judiciary and prison based system is getting upgrade. According to these sources about US $7 million in additional funding is being provided to fully support the prosecutions of pirates in Kenya courts.

Tags: kenya courts, kenya fights pirates, kenya pirates and courts, pirates, somali pirates
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Lawyers Advise to Teens: One Prank may Ruin You

Wednesday, June 17th, 2009

Attorneys from Public Defender’s Office gave lectures to junior-high and high-school pupils during the year regarding the differentiation of pranks and criminal acts.  “We are responsible for disseminating the information, and the children should be the one responsible for their choices,” shared Esther Goldfield, Katzir B junior high’s educational consultant in Rehovot.

In 2007, police figures show that around 10% of all caught felons were minors - almost 14,000 teenagers and children.  Moreover, there were 33,000 files of teenagers for property offenses and violence.

“When you walk with a knife inside your pocket, it might give you security so when other children want to assault or hurt you, you’ll just take it out in response.  However, you have to know that possessing the knife is already breaking the law and may give you five years in prison,” said attorney Gil Edelman.

Another example is taking a cell phone that belongs to another pupil.  “When you use force without the permission of the owner, then it’s a qualified theft according to the law.  And if you demand money for the return of the phone, it will be considered as extortion by threat,” he added.

The lecture program has assumed that most teenagers are not too familiar with the law.  They may not realize that a simple prank joke can become a criminal act.

Tags: attorney, attorneys, children, Criminal, criminal acts, Esther Goldfield, felons, Gil Edelman, Katzir B, minors, pranks, Public Defender's Office, Rehovot
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Crisis in Public-defender Offices

Monday, June 15th, 2009

Kimberly Hurrell-Harring admits that what she has done wasn’t the brightest decision she made. But when her husband pleaded with her to bring a very small amount of marijuana to “get high” in his awful maximum-security prison, she consented. So she drove 7 ½ hours to visit him and hid the dope in her private part.

Someone may have been listening because as soon as she arrived into Great Meadows Correctional Facility, the guards immediately yanked her and told her that things would be easier if she just hand over the dope without fuss. However, as soon as she did, she was handcuffed and immediately brought to jail.

No public defender was available during her arraignment and she has no money to hire her own lawyer. So standing alone in court, she was charged with a felony count of bringing a dangerous contraband to prison. And since she could not afford bail, she went back to jail.

A public defender appeared after three weeks and spent 15 minutes with her before the sentence hearing. The advice was to plead guilty and not to fight the recommended punishment of the district attorney, which is six months behind bars as well as five years of probation.

She begged that she has no criminal record and there might be a chance that a small possession of pot could be considered a misdemeanor. However, it seems like the attorney has no time for her.

Tags: attorney, Criminal, district attorney, Great Meadows Correctional Facility, Kimberly Hurrell-Harring, marijuana, public defender
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Limiting Conditional Sentences

Saturday, June 13th, 2009

On Monday, a new legislation will be introduced in Vancouver House of Commons. This legislation announced on Saturday by Attorney General Rob Nicholson (Minister of Justice) would end conditional sentences given to serious crimes.

According to the bill, offenders committing serious crimes should receive an imprisonment term instead of a conditional sentence, which is usually less than two years of community service or house arrest. Nicholson said that previous attempts to introduce alike legislations did not push through in Parliament.

He said the government will submit the proposal on Monday. As a result, “this will restrict the people’s ability to obtain conditional sentencing. It’s also consistent with the efforts to increase the confidence of the public in criminal justice system. Likewise, it would ensure that criminals committing serious crimes will receive sentences commensurate to their actions,” he emphasized.

This proposed legislation is expected to pick up where the “Act to Amend Criminal Code” has left off. Previously, that bill aspired to remove conditional sentencing for offences with 10 years or more maximum sentence.

The 2006 legislation has been altered during the parliamentary process and a lot of serious offences that should be ineligible for conditional sentences proposed by the bill were removed. “So now, the new proposed legislation will hopefully make it clear to the courts which offences should not be eligible for conditional sentences,” Nicholson concluded.

Tags: attorney, conditional sentence, crime, Criminal, House of Commons, imprisonment term, legislation, Rob Nicholson, Vancouver
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Overseas Detainees Still Being Mirandized

Thursday, June 11th, 2009

Some detainees that were captured and held abroad are still being read Miranda rights in order to preserve evidence for potential prosecution. Obama administration officials said that Bush administration also did this in some instances related to certain criminal cases.

Although the actual Miranda rights differ depending on the state, they would adhere to court ruling that “prior to investigation, the people in custody must be informed of their rights to remain silent and anything that they say may be used against them in court. They must also be clearly informed that they have the right to consult attorneys and to have those attorneys present during questioning. Also, an attorney will be provided at no cost to represent them if they are indigents.”

Rep. Peter Hoeskstra (R-Mich), House Intelligence Committee’s ranking Republican, expressed his concern about this news. “The last thing we want is to let the al-Qaeda terrorists remain silent. We should be focused on knowing and preventing the next attack. We can’t give these radical jihadists new tactics they could use to resist interrogation,” he said.

In March, President Obama was interviewed by 60 Minutes and he said “the whole Guantanamo premise promoted by Cheney (Vice President) was that the American justice system is somehow not equipped to deal with these terrorists. I disagree with that. So do you think these folks deserve to be treated the same way as a shoplifter in the neighborhood block? Of course not.”

Tags: al-Qaeda, attorney, attorneys, Criminal, detainees, Miranda rights, Obama, Peter Hoekstra, rights, terrorists
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Limitations for Bringing Old Court Accusations

Tuesday, June 9th, 2009

Two states created legislation windows opening up new time periods for childhood sexual abuse victims to seek civil court redress. California allowed these victims to file a case against their employer or abuser within one year regardless when the abuse occurred. Then, Delaware followed in 2007, this time giving people two years of leeway in bringing their accusations to civil court.

Moreover, New York state legislators are debating for a one-year statute this year. Other states are also mulling over similar measures.

These statutes of limitations for civil or criminal actions help avoid circumstances where testimonies rely on faded memories, documents have disappeared, or the evidence is incomplete. However, when high-profile abuse scandals (allegedly perpetrated by Catholic priests) occurred decades ago, a few states saw a particular need for “window laws” that could open the courts again temporarily and allow remedies of past grievances through civil actions only (not criminal prosecutions).

Supporters of these laws say that people who didn’t know or disclose that they’ve been harmed will benefit the most. But others say that such laws may inevitably raise questions of fairness and constitutionality.

Some defense attorneys say that the only reason these cases are brought up is to wrench money from the church, since many of the named perpetrators are already retired or dead, and it’s almost impossible to defend these cases.

Tags: California, child abuse, Criminal, defense attorneys, Delaware, legislation, statutes of limitations
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Privacy and Rights after a Criminal Conviction

Sunday, June 7th, 2009

Whether you have a prison sentence or just a payment of fine on your record, these are still histories of conviction. But even if you have been a convicted criminal, you still have privacy and rights under Human Rights act. In other words, others should respect your right to have a private family life.

First of all, you need to know that you’re obliged to declare your conviction record when you’re applying for a credit card, insurance, new home, or even a job. But after some time, you’re no longer required to do so (called the rehabilitation period). This period would depend on the sentence that you served.

Another thing is that you no longer have the right to request the destruction of data found during an investigation involving you – these are your DNA samples, photographs, or fingerprints. The police are entitled to retain samples and prints on these records since the 2001 terrorist attack.

Here are other rights after a criminal conviction:

· Rights to Privacy – the media must respect your private life because your name and details should be protected by Data Protection Act. You are entitled to contact a defense lawyer and sue if there’s any breach unless organizations or employers require these details when you’re applying for a loan or they’re hiring you for a “position of trust.”

· Rights to View your Prison Records – the prison office should provide you a copy of your records when you request it. You also have the right to correct any of the errors in it.

Tags: conviction, Criminal, Defense lawyer, Human Rights act, privacy, rehabilitation period, rights
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Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
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Consider These Things before Hiring a Criminal Lawyer

Wednesday, June 3rd, 2009

When you’re facing criminal charges, it’s imperative that you consult the best criminal defense attorney immediately. If you have an aggressive and skilled lawyer on your side, it would spell the difference between a dismissed or reduced criminal charge and a prison sentence.

Before you hire a criminal lawyer, consider these things:

• *The sooner you hire an attorney, the better results you’ll get. The longer you wait; it’s possible that witnesses will forget exactly what happened and the more chances for the evidence to be contaminated.
• *It’s important to hire a lawyer that specializes in your specific crime.
• *Moreover, it’s critical that you get someone who’s familiar with local court procedures and customs where you were arrested. Local defense attorneys will have a better chance to lessen your sentence, reduce your charges, or negotiate a good deal.
• *Have an open communication with your lawyer starting from initial consultation so that you’ll have a realistic and clear understanding of your possible punishment. So make sure that you’re comfortable with your chosen lawyer before committing to move forward.
• *Don’t hesitate to discuss your case with a criminal defense lawyer even if you’re guilty. It’s highly likely that your lawyer can investigate your case details further and negotiate a favorable deal with the prosecutor.
• .

Tags: attorney, Criminal, criminal defense attorney, criminal lawyer, lawyer, prosecutor
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No Criminal Offense in Pocomoke Election

Monday, June 1st, 2009

There might be irregularities in the recent Pocomoke City election, but the State’s Attorneys Office in Worcester County say that no crime was committed. Joel Todd, the State’s Attorney for Worcester County released a statement that said “The office’s role is to determine whether there’s probable cause that a crime was committed. This would be based on the facts obtained from extensive investigation and the laws of Maryland State and Pocomoke City. Based on my conclusion, there’s none.”

The cause of the investigation is a candidate claiming that there’s voter fraud in Pocomoke’s council seat election (District 4). According to Stephanie Burke, town leaders have coerced people (for example, those in the senior citizen communities) to vote for Tracy Cottman (her opponent in the election) because these town leaders do not like her change platform.

More specifically, Burke’s complaints were as follows:

• -Her opponent solicited for absentee ballots, completed portions of absentee ballots applications, handled completed absentee ballots, and marked portions of absentee ballots.
• -Most of the absentee voters could have voted in-person.
• -Board of Election Supervisors in Pocomoke failed to perform their duties.

Truly, certain irregularities were seen in the election system of Pocomoke during the investigation conducted. The State’s Attorney’s Office said that in the recent election, it’s possible that 17 people voted twice, both in-person and by absentee ballot. However, Todd says that there’s really no evidence that this actually happened.

Tags: attorney, Criminal, Joel Todd, Maryland State, Pocomoke City, State's Attorneys Office, Stephanie Burke, Tracy Cottman, Worcester County
Posted in Criminal, Criminal News, Latest Legal News | No Comments »

Securities Enforcement and Criminal Fraud Investigations

Saturday, May 30th, 2009

The grand jury and U.S. Attorney’s Office conduct federal criminal investigations. This may or may not simultaneously occur with an investigation from SEC (Securities and Exchange Commission). In addition, you may want to know the following:

• -You may assert Fifth Amendment privilege against self-incrimination to your statements in any litigation or SEC investigation.
• .

• -SEC investigations are typically civil enforcement actions. They usually seek civil money penalties, ill-gotten gains’ disgorgement, and injunctive relief.
• .

• -Evidence obtained during litigation or SEC investigation may be used for criminal prosecution by U.S. Attorney’s Office.
• .

• -However, a SEC investigation doesn’t automatically lead to criminal or grand jury investigation.
• .

• -In a SEC investigation, you can present reasons why you should not be sued. This is best done with a good lawyer by your side.
• .

• -Some proceedings instituted administratively may also result from a SEC investigation. These are heard before SEC’s administrative law judges.
• .

• -SEC may seek an order to bar clients from working in their industry, e.g. stock promoters, broker-dealers, etc. if they participated in a scheme to manipulate or defraud stock prices.
• .

• -The SEC may also bar members of their board of directors or company officers from serving in their positions when a suit has been filed against them based on a fraudulent scheme or any scheme used to manipulate stock pricing.
• .
• .

Tags: Criminal, grand jury, lawyer, SEC, SEC investigation, U.S. Attorney's Office
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Possible Criminal Charges in Trolley Crash

Thursday, May 28th, 2009

Criminal charges are being considered in a Suffolk County grand jury against Aiden Quinn, an MBTA Green Line trolley driver. Earlier this month, Quinn rear-ended another trolley near Government Center Station, according to two officials who are familiar with the case.

Quinn’s attorney, Michelle Menken said, “It’s not a surprise. I have not been notified and I’m not aware that Quinn had already been asked to testify.”

Meanwhile, the district attorney’s spokesman of Suffolk, Jake Wark, said “By nature, the grand jury proceedings are confidential and we cannot discuss, deny, or confirm such proceedings.”

The 24-year-old Quinn told authorities that he was sending a text message to his girlfriend so he missed the red light and slammed into three trolleys, injuring nearly 50 people in the process.

Quinn has already been fired from MBTA and could still face criminal charges, according to authorities. This crash has sparked a public debate about the dangerous habit of texting while driving. Some disagree with the criminal charges filed against Quinn while some say that he’s self-incriminating for telling the truth.

This case could be a wake up call for people who constantly use their cell phones while driving. In fact, it appears that there’s enough momentum for the State House to completely ban texting while driving cars.

Tags: Aiden Quinn, attorney, Criminal, district attorney, Government Center Station, MBTA, Michelle Menken, Suffolk County
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Tracking Microchips for Criminals

Tuesday, May 26th, 2009

Criminal attorneys and human rights advocates are caught up in a debate on how to administer justice to criminals without violating their human rights. They’re all aware of the Bill of Rights (Sixth Amendment) that states: “all those accused in criminal prosecutions shall enjoy the right to a public trial…..and have counsel assistance for his defense.”

However, the justice system is still grappling on what to do with repeat and violent offenders. This led to the suggestion of implanting microchips or radio frequency identification (RFID) tags in convicted criminals. This is in addition to using global positioning system (GPS) tracking devices.

GPS works together with aerial satellites, which are equipped with a receiver and transmitter. During the Cold War, it was invented by U.S. military to mobilize missiles and troops. When it was applied in law enforcement, officers were able to monitor a person’s movement 24 by 7. The subjects wear a removable PTU (personal tracking unit) and a non-removable ankle cuff (wireless) around the size of a huge wristwatch.

So instead of spending time in jail, the criminal attorney may accept a house arrest sentence with a GPS monitoring device. However, this would be an invasion of “the right to privacy and bodily integrity” as stated by the U.S. Supreme Court.

Tags: Bill of Rights, Cold War, criminal attorney, criminal attorneys, GPS, human rights advocates, PTU, RFID, Sixth Amendment
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Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

When you refer to the United States Constitution (Fourth Amendment), the “exclusionary rule” protects the public from illegal searches or seizures. Under this rule, any case evidence derived from such illegal search or seizure will be suppressed.

Therefore, this rule is specifically designed to deter possible unlawful police conduct. Also, it assures citizens that they have the right to be free from any unreasonable privacy invasion, even if they are criminal suspects. To a lesser extent, this rule is also designed to protect judicial process’ integrity from possible unlawful government conduct effects.

Remember that you’re never required to consent to any police search. Although sometimes, you may be threatened with detention, you still have the absolute right to decline the search. However, this would not mean that you have the right to physically stop a search if it’s lawful such as when the police have probable cause or they have a warrant of arrest.

Probable cause is when the police possess very strong evidence that you have committed a particular crime. Under Federal law, the police do not have to advise you of your right to refuse a search. However, under New Jersey state laws, the police should advise you of this right – otherwise, the search and seizure would be considered unlawful.

Immediately contact a criminal defense attorney if you’re a victim of an illegal search and seizure. To make it easier, you can search for hundreds of experienced attorneys online using attorney directories.

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
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No Place to Run for Criminals

Friday, May 22nd, 2009

According to federal legislation tabled on Wednesday, criminals who flee to another province will face charges as well. Finally, this proposed change would close a loophole allowing criminals to escape justice simply by leaving the place where they were charged. It’s one of the six updates to the federal crime laws announced by Stockwell Day, Vancouver’s International Trade Minister.

Jim Chu, Vancouver police, said that this is the most influential change in the police force. Currently, accused people on bail can just flee to another province so that the existing warrant will not be enforced. “Criminals need to be accountable to the crimes they commit. They need to know that they can’t escape,” he added.

Now the new offence makes fleeing a two year jail sentence. Also, the police can arrest them anywhere and send them right back to the province where the original charge came from. However, this does not include the funding for the transfer.

Day commented that because of this new law, “People will not be interested to leave. Otherwise, it will be a trip back home with added jail time.”

Another advantage of the new legislation is that police will find it easier to get an electronic warrant as well as to photograph and fingerprint people in custody before laying down charges. Attorney General Rob Nicholson also announced these changes in a recent news release.

Tags: attorney, crime, criminals, jail, Jim Chu, laws, Rob Nicholson, Stockwell Day, Vancouver, warrant
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You can plead “Not Guilty”

Wednesday, May 20th, 2009

Civil law involves a private law suit between several private entities while criminal law consists of criminals being prosecuted by the federal government for an act of crime. Most crimes consist of a mental state, an act, and the criminal’s intent to do any social harm.

Some crimes are just misdemeanors – less serious offenses normally punishable by fine such as petty theft, traffic violations, or possession of little marijuana. Felonies, on the other hand, are more serious offenses warranting imprisonment such as homicide/murder, rape, grand theft, or assault and battery.

If you committed a crime, take note that you can still plead “not guilty” even if you’re guilty. Criminal law states that you should be treated as innocent until proven guilty. Unlike civil law, where the plaintiff only need to show at least 51% liability, criminal law needs to prove to the jury or judge that the suspect is guilty “beyond reasonable doubt.”

Therefore, the sooner you bring a criminal defense lawyer into the case, the better. Don’t seek answers from prosecutors or police officers who don’t have a vested interest in your well-being. Most importantly, do not ever resort to a wait-and-see approach because it’s your freedom at stake!

Tags: civil law, crime, Criminal, criminal defense lawyer, criminal law, felonies, misdemeanors
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Defense for Drug Crime

Monday, May 18th, 2009

Federal drug crime defense is similar to a state drug crime defense. The only differences are in pre-trial motions and sentencing. One important factor to determine the seriousness of your drug case is through the quantity and type of the illegal drugs you possess. A few pounds is definitely more serious compared to a few ounces, a few ounces is graver than a few grams, etc.

Another factor to consider is whether you have prior criminal records. Accordingly, a felony probation record or prison sentence prior to the crime will potentially have greater punishment compared to a minor record of misdemeanors or a clean record.

Your criminal defense lawyer should understand the law of seizures and illegal searches. Because the first shot of defense in any drug case is the evaluation whether police have conducted an illegal search on yourself, your automobile, or your home.

Another line of defense is the accurate evaluation of the prosecution’s evidence. If it’s strong, then immediate steps must be done to build a stronger defense case. As such, your criminal lawyer must be skilled to work a plea bargain calling for dismissal of disqualifying charges or at least find an alternative that will qualify you for Proposition 36 or Diversion programs.

Tags: criminal defense lawyer, criminal lawyer, criminal records, drug crime defense, plea bargain
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Employee Rights in the Workplace

Saturday, May 16th, 2009

Depending on your profession, the state where you live in, and the size of your employer, you may be entitled to these legal protections and rights to:

• -Privacy in personal matters
• -Take a leave and care for one’s family
• -A safe workplace
• -Fair pay (at least receive the minimum wage)
• -Workplace free of harassment
• -Not be discriminated against due to age, disability, religious beliefs, pregnancy, gender, skin color, national origin, and race

If you feel that your rights have been violated, the first thing to do is talk to your employer. You’ve got to know your rights, stick to the facts, and avoid being overly emotional. In addition, document the problem to protect yourself. Gather documents and take note of events and key conversations. However, be careful to collect only the documents that you have legitimate access to. If you copy or take confidential records, it may compromise your legal claims.

Now if your employer does not seem to take your complaint seriously, then you need to take legal action. The law can help you make a claim. Take note that you might want to consult a lawyer so that you can figure out what you can lose or gain by filing a lawsuit.

Tags: employee rights, law, lawsuit, lawyer, legal action, Legal Claims
Posted in Workplace Law | No Comments »

Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
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Arrest: Beginning of the Criminal Justice Process

Tuesday, May 12th, 2009

An arrest occurs when someone is taken into custody and that person is prohibited to move about of leave. Sometimes the use of handcuffs or physical restraint is not necessary. An arrest is already complete when the police officer tells the suspects that they’re “under arrest.” So generally, an arrest can be described as a person’s involuntary or voluntary submission to a police officer’s exercise of authority over him or her.

A police officer can only arrest a person under the following circumstances:

• *The officer personally observed a crime – for example, the officer sees an actual purse snatching,   then he or she may arrest the purse-snatcher.
• *The officer has “probable cause” – when the officer has reasonable circumstances, facts, or belief that a particular person is about to commit or committed a crime, then that person may be arrested. For example, the officer received a call reporting armed robbery in a liquor store and then he sees the suspect with a gun and cash running down the street, then that man may be arrested.
• *The officer obtained a warrant to arrest – this is a legal document issued by any magistrate or judge to allow any officer to arrest the suspect.

If this happens to you, you can question the lawfulness of your arrest including the actions of the officer. However, this battle should be fought in court together with a criminal attorney rather than fight it on the street.

Tags: arrest, criminal attorney, criminla, custody, police officer, suspect
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Effects and Eligibility for Expungement

Sunday, May 10th, 2009

Expungement is a process ordered by the court wherein a legal record such as an arrest or criminal conviction is erased. The availability and procedure of expungement varies according to the county or state where the arrest or the conviction occurred.

In order to qualify, there must be certain standards met to be eligible for expungement. These factors include:

• -Amount of time elapsed since the arrest/conviction.
• -Events in the criminal record of the applicant (including arrests/convictions in other states)
• -The nature and severity of the arrests/convictions (i.e. a sex offense conviction may be denied for expungement)
• -The nature and severity of other arrests/convictions in the criminal record of the applicant

When a person’s criminal record is expunged, he or she may not mention the arrest or conviction record. For example, this record does not need to be disclosed in renting an apartment or applying for a job. Also, no record will appear if the potential employer conducts a background search.

An expunged record is actually not completely erased. However, it cannot be accessed easily. The limited accessibility is only open to the criminal courts, law enforcements, and other government agencies. This is sometimes referred as “under seal” criminal records.

Tags: arrest, court, Criminal, criminal conviction, expungement, legal record
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Wanted Criminal in Brazil Arrested in Massachusetts

Saturday, May 9th, 2009

The special agents of United States Immigration and Customs Enforcement (ICE) with the help of Massachusetts Police Department took Carlos Alexandre Luz into custody. He is a national of Brazil who has committed immigration violations.

After investigations, it was revealed that Luz has a warrant for homicide from Esporito Santa, Brazil. “The United States cannot keep criminals on its streets. Instead, they should face charges in their own countries,” said Bruce Foucart, a special agent in Boston heading ICE’s Office of Investigations. “I want to warn all criminal aliens that ICE will go after you in order to keep Massachusetts safe,” he added.

In addition, Kenneth Lavallee, Lowell Police Superintendent stated, “This arrest showed the collaborative efforts between ICE and local police departments. Since a dangerous criminal was removed, the community became a safer place.”

Pending a federal immigration judge hearing, Luz is now in the custody of ICE. He has a criminal history including a recent March 12 arrest in Lowell on charges of Battery, Assault, and Attempt to Commit Mayhem.

Meanwhile, this investigation would not be possible without the assistance of Bristol County Sheriff’s Department, U.S. Secret Service, Lowell Police Department, Massachusetts State Police, and Diplomatic Security Service.

Tags: Boston, Carlos Alexandre Luz, Criminal, homicide, Immigration, Immigration and Customs Enforcement, Massachusetts Police Department
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Plea Bargain Possible for Serious Theft Offense

Friday, May 8th, 2009

A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?

If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.

The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.

Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.

Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
Posted in Criminal, Theft | No Comments »

Get your Defense for Murder

Thursday, May 7th, 2009

It’s against the law to kill another human being. This is called murder and if you are charged with this crime, the consequences are severe. While its exact definition varies depending on jurisdiction, many courts distinguish between a premeditated crime such as murder, to manslaughter, which is a less serious offense.

Those accused of murder may face severe punishments such as:

• -Fines and penalties
• -Life imprisonment either with/without parole
• -Death penalty

Punishment severity is also based on many factors including:

• -Status of probation/parole
• -Prior criminal convictions
• -Aggravating/mitigating circumstances
• -General community attitude towards the questioned crime

An aggressive and experienced criminal law attorney has a lot of defenses under his or her belt. As a result, the outcome of your murder case will improve. Some defenses that can be used in trial for a murder include: insanity, factual innocence, insufficient proof or evidence, or self-defense.

So if you or your loved one is charged with murder, it’s best to hire a criminal attorney who’ll aggressively defend your legal rights. If your attorney is good, he or she can devise many strategies to improve the case outcome like gather good evidence in your favor, negotiate alternative punishments, reduce your penalties, or even get your case dismissed.

Tags: attorney, crime, criminal attorney, criminal law attorney, defenses, murder
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Sexual Harassment is a Crime

Wednesday, May 6th, 2009

Some sexually harassing behaviors are violations of criminal law. These can be made up of criminal stalking, attempted assault or assault, and criminal sexual conduct.

It would be good if the victim clearly articulates displeasure over another’s behavior. However, they don’t need to do that. Harassed individuals only need to report the harassment to their employer or police, trigger an investigation, and file a case if they want to press charges against their offender.

Also, take note that even distributing sexually explicit materials including jokes via e-mail or internet websites may constitute sexual harassment. But even if it doesn’t, these are so disruptive and unprofessional. They should warrant discipline from the employer.

In sexual harassment litigation issues, jurors often have strong views about these issues and they have certain expectations from the employers such as:

*Procedures must be in place and it should be in writing
*Such procedures must be followed
*Upon the victim’s complaint, adequate investigation should have been done
*There should be no retaliation to the victim
*The company should exercise fair and consistent treatment to all its employees.

Furthermore, the trial lawyer’s ability to prove or disprove harassment may be dependent on the following factors:

*Credibility of company witnesses
*Credibility of Plaintiff
*Timelines of complaint
*Ulterior motives
*Common sense
*Consistency
*Adequacy of company response
*External validation of behavior (such as when the plaintiff told others about the incident).

Tags: crime, Criminal, criminal law, sexual harassment, trial lawyer
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To File a Criminal Case or Not

Tuesday, May 5th, 2009

Justice Department officials stopped recommending criminal charges against the lawyers of the Bush administration. Steven Bradbury, John Yoo, and Jay Bybee were the lawyers who wrote secret memos to approve harsh interrogation techniques on terror suspects.

Critics say that their techniques are just the same as torture. Therefore, the initial recommendation of investigators is to refer these lawyers to state bar associations, where professional sanctions can be levied against them, the most severe of which is disbarment.

Yoo is a professor working at University of California-Berkeley; Bybee is a 9^th U.S. Circuit Court of Appeals judge; while Bradbury returned to private practice as soon as he left government at the same time as the end of former President George W. Bush’s term.

Although the investigative report was still in draft form, Attorney General Eric Holder may determine the steps to take upon finalization of the report. Most of the work was completed, but the possibility of criminal charges was not mentioned in the letter as well as the names of the lawyers under scrutiny.

This inquiry has been running around like a politically-loaded guessing game – some people are advocating criminal charges while others are urging to drop the matter. Meanwhile, Office of Professional Responsibility is still investigating the matter. They are looking at possible ethics violation, and on rare occasions, inquiries like these become full-blown criminal investigations.

Tags: Attorney General Eric Holder, Criminal, Jay Bybee, John Yoo, Justice Department, lawyers, Office of Professional Responsibility, Steven Bradbury
Posted in Criminal, Criminal News | No Comments »

Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
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Help in Copyright Laws

Sunday, May 3rd, 2009

The copyright law (section 501) states that any person violating the exclusive rights of the author infringes the copyright of that author. Section 106 in the same law explained that the owner has the exclusive right to:

• *Display copyrighted work publicly
• *Perform the work publicly
• *Distribute copies of this work to the public through lending, lease, rental, sale, or other transfer of ownership
• *Prepare derivative works based on the work
• *Reproduce the work in copies
• *Perform the work publicly (in case of sound recordings) by means of digital audio transmission.

If you engage in these activities without obtaining the permission of the owner, then you committed a crime and are liable for infringement. To makes sure that you are not breaking this law, consult with the Copyright office. This office serves as a primary place of record where anyone can register claims to copyright and record documents related to copyright.

On the other hand, if you believe that your copyright has been infringed, you may file a criminal lawsuit and contact IP (Intellectual Property) Program of FBI (Federal Bureau of Investigation). It’s recommended that you seek legal advice from a copyright attorney (one who specializes in arts, intellectual property, or entertainment law matters) and discuss your legal options.

Tags: attorney, copyright attorney, Copyright Law, Copyright office, crime, Criminal, FBI, infringement, IP, law, legal advice
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Your Employee’s Identity can be stolen

Saturday, May 2nd, 2009

Identity theft is a white-collar crime, and the fastest one growing across America. It has been affecting people in many ways. In fact, in the past five years, there were 30 million cases already reported – 9.9 million were committed only a year ago.

Even if the statistics are staggering, there is still an attitude of indifference, as if it will only happen to others. So what if it did happen to another person, but that person is your employee? What would be the potential costs or damages to your business?

Maybe these will not be obvious at first. But there are hidden costs involved such as reduced productivity, lost time, deteriorating quality, and lower morale.

So what can you do to help your staff? You could offer a plan to provide:

• Access to credit reports (including the spouse, if any)
• A criminal lawyer or private investigator tasked to restore the true identity of the victim
• Continuous electronic monitoring and notification of another attempt to commit a crime

Stories of innocent people who became victims of identity theft are all around. These thieves can use another’s identity, credit card number, or social security number to commit a crime. As a result, victims can be issued a warrant, arrested, or even put in prison until the true identity of the criminal becomes clear.

Imagine if your valuable employee is the victim. At best, he could be distracted just for a while. At worst, he could be costing your business a lot of money because of lost time and deteriorating performance.

Tags: criminal lawyer, identity theft, private investigator, white-collar crime
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A Task Force on Wrongful Convictions

Friday, May 1st, 2009

Jonathan Lippman, New York’s top jurist, created a task force permanently to examine wrongful convictions, as well as recommend action steps on how to minimize them. As his first major initiative, the state’s Chief Judge has selected lawmakers, scientists, defense lawyers, and prosecutors to be members of the task force.

In his interview, Judge Lippman said “We will take the raw material from New York criminal cases and from around the country too, for that matter. Let’s see what we can do to change the justice system.”

Recent spate of overturned convictions includes high-profile cases of Martin Tankleff, who was convicted of bludgeoning his parents; and Jeffrey Deskovic, who was convicted of raping and murdering his high school classmate. In fact, according to a report of New York Bar Association, there were 53 people exonerated in the state since 1964, half of them were absolved through DNA testing.

The founder of Innocence Project and a criminal lawyer himself, Peter Neufeld, said “This move was unprecedented. Actually, one of the problems with wrongful convictions is that nobody ever collects data on it.”

While a handful of lawmakers and court officials in other states have already set up task forces or commissions with the same objective, some experts say that the version created by Judge Lippman promises to be quite robust compared to the rest.

Tags: criminal lawyer, defense lawyers, Jeffrey Deskovic, Jonathan Lippman, Martin Tankleff, New York, Peter Neufeld, task force, wrongful convictions
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The Art of Bail Reduction

Thursday, April 30th, 2009

If the defendant wants to be set free while waiting for the next hearing, he or she can post bail. This deposit money is a guarantee for the court that the defendant will return for the next hearing to retrieve his cash.

The amount of bail varies from person to person. For example, if the defendant is rich, then a small sum won’t be enough incentive for him to return.

Moreover, there are cases when the bail is too high for the defendant to give. In this case, a criminal defense attorney can help lower the amount of bail. This can be arranged on a separate hearing with the sole purpose of requesting bail reduction.

Criminal attorneys are knowledgeable in presenting facts to the court. All they need is to prove that their client does not have the intention or motive to run away. After this, the court will determine the bail amount. Take note that this amount may change if there’s a change in the defendant’s circumstances. However, the court will not allow the bail option if the defendant is considered a danger to society.

Aside from cash, a bond may also be an option to post bail. However, it may end up more expensive in the end because bond companies typically charge huge interest rates.

Tags: bail, bond, criminal attorneys, criminal defense attorney
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Criminal Defense Lawyers: More than Witness Questioners

Wednesday, April 29th, 2009

People accused of crimes face the horrible possibility of spending many years in jail, sometimes even for a lifetime. However, if you will hire a good criminal defense lawyer, you’ll find someone who is committed to represent you all the way. He or she will negotiate with prosecutors and may be able to arrange for reduced charges and lesser sentencing.

Many people think that defense lawyers simply question court witnesses. Well, you might be surprised to know that this is not all that they do. Good criminal defense lawyers will also:

• Spend many hours to study your case.
• Gather information or data from prosecution witnesses.
• Hire investigators and manage them too. The objective of this is to impeach prosecution witnesses who change their stories during trial.
• Understand possible “hidden costs” if you plead guilty, which may not be thought of by a self-represented person.
• Familiarize themselves with local court procedures and customs which are not written down. They’re also familiar with many criminal law rules hidden in court interpretations of state and federal constitutions.
• Provide you with an objective reality check about your situation and the possible consequences if your case will go to trial. This is very important if you’re deciding whether to accept the “plea bargain” offered by the prosecutor.
• Formulate sentencing programs that can be tailored to your needs. This may help you avoid another brush with the justice system in the future.

Tags: crime, Criminal, criminal defense lawyer, defense lawyers
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Importance of Criminal Law

Tuesday, April 28th, 2009

The public’s familiarity with criminal law usually comes in fragments – from books, television, and movies. However, when real issues come, we still need to seek professional help. Ask a lawyer to understand the law, because ignorance of it excuses no one.

When it comes to criminal law, the government and society decide on certain conduct damaging to property or dangerous to citizens. It is labeled as “crime” and committing it will result to fines or imprisonment. For example some cities may proclaim that smoking in public is considered as a crime, while the federal government includes bank robbery in its crime list.

The whole system of criminal law pertains to investigation, arrest, conviction, and sentencing. People who play roles in this process consist of correction officers, probation officers, witnesses, judges, criminal defense attorneys, bail bondsmen, prosecuting attorneys, police officers, and the accused.

The outcome of the case would depend on the crime charged, strength of evidence, strategies and goals of defense and government, as well as the legal validity of courtroom procedure and law enforcement. These are possible outcomes:

• The criminal investigation ended without an arrest.
• The arrest occurred, but there was case dismissal because of illegal seizure of evidence (done by the police).
• The suspect was charged with a crime, but the person (though a lawyer) pleaded or bargained with the government to grant some form of leniency (like a lighter sentence for example).
• The suspect was brought to trial and was found “not guilty” by the jury or convicted by the jury and sentenced to a prison term.

Tags: ask a lawyer, crime, criminal law, lawyer
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Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

• Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

• Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

Tags: ADA, attorney, attorneys, criminal defense lawyer, lawyers
Posted in Criminal | No Comments »