Original Article
Diigo Post Excerpt:
Fairfax County Police said a woman who made the charges of a sexual assault in Reston last February was charged with making a false police report. The 32-year-old woman, whose name was not released by police, had said she was walking on Pinecrest Road near the Laurel Glade Apartments about 11:20 p.m. on Feb. 25 when she was grabbed from behind, thrown into a Plymouth van, driven several blocks away and sexually assaulted by two men.
© 2006-2013 | Sex...
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VA - Police: Sexual Assault at Reston Glen Was False Report
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Yoelvis Reyes of Loxahatchee, Florida Arrested for Manufacturing Marijuana
Yoelvis Reyes of Loxahatchee, Florida was arrested Wednesday after he was accused of growing numerous marijuana plants inside an area residence, news sources report. Reyes, 29, was booked into the Palm Beach County Jail on charges of possessing, trafficking, and manufacturing marijuana. It was not clear at press time whether he qualified for bail bond. It is also not yet known whether Reyes has hired a defense lawyer.
It is not clear who tipped police off about the operation, but according to reports, detectives conducted a total of 14 surveillance operations on the suspected home between April 9 and July 2. On Wednesday, after detecting a strong odor of marijuana, detectives obtained a search warrant to raid the premises.
Detectives searched the inside the home and located what reports described as an "indoor manufacturing laboratory." The room contained 41 marijuana plants that were around six and seven feet tall and about four feet wide. According to reports, the plants weighed in at around 171 pounds. In addition to the plants, detectives found an empty can of Clonex, which is used to aid in the growth of marijuana.
In the kitchen, detectives found bills and letters indicating that Reyes was the owner of the home. Detectives also found a receipt from a Publix with a date of April 23 and a hand made blueprint of the marijuana laboratory, reports say. The report did not mention whether any of the normal accessories to the distribution of marijuana, such as baggies or a scale, were found on the premises. Reyes denied growing the cannabis.
In other news, Wendy Lavanture of Naples was arrested Saturday after she was accused of flashing bar patrons and scratching a police officer, reports say. Lavanture, 42, was booked into police custody on charges of indecent exposure in public and resisting arrest without violence. Reports did not say whether she qualified for bail. It is also unclear whether she has hired legal aid.
According to reports, the incident occurred around 11:00 Saturday evening at Jack's Seafood Bar and Grill on Tamiami Trail in Naples. While the details of what happened that night are still sketchy, reports say Lavanture was at the restaurant's bar when she began throwing ice cubes at other patrons. Sources also say that Lavanture spat her drink onto the bar. Eventually, someone at the bar phoned police to report the disturbance.
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Sean Toltin of Miami-Dade County, Florida Arrested for Exploitation of the Elderly
Sean Toltin of Miami-Dade County, Florida was arrested this past week after he was accused of defrauding 90-year-old Jean Moore out of an excess of $3,000, news sources report. Toltin, 45, was booked into the Miami-Dade County Jail on charges of exploitation of an elderly person and grand theft. A judge ordered that he be held in lieu of $20,000 bail bond, though Toltin reportedly requested to be released without bond. The press did not specify an criminal defense lawyer for Toltin.
Based on reports, Moore appears to live by herself at a condominium in Tamarac. On June 15 she was visited by Toltin, who allegedly offered to clean the air conditioning ducts at the home for $30. Moore reportedly agreed, but Moore claimed to have found black mold and offered to remove it for $450. Moore allegedly agreed and paid Toltin to remove the purported mold.
According to reports, Toltin returned to Moore's residence several times that month to conduct additional necessary repairs and collect fees. On at least two visits, Toltin allegedly drove Moore to her bank, where she withdrew nearly $1,900 for Toltin.
"I didn't see [Toltin] for a while, a couple of days or something like that, and when he came back I said 'You know I thought that you had been stealing from me.' He was so upset," Moore said. "He just seemed very sincere about a lot of things."
Detectives investigated the case and determined that Toltin defrauded Moore out of $3,105. Toltin was subsequently arrested. It is not yet known whether an investigation will reveal any other victims. Reports say this is the third time Toltin has been arrested on charges of exploiting the elderly; however, the details of those prior arrests were not immediately available at press time. It is not clear whether Toltin is actually licensed to conduct repairs or whether he did any work on Moore's residence.
In other news, David Alan McBurnett was arrested Friday after he was allegedly found with a marijuana joint tucked behind his ear during a traffic stop, reports say. McBurnett, 22, was booked into the Hernando County Jail on charges of violating felony probation and possession of marijuana less than 20 grams. He is being held without bail. It is not yet known whether he has hired legal representation.
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Top Ten Reasons Why You Should Not Talk to the Police
Original Article
Diigo Post Excerpt:
From James Kirk Piccione, a Lawyer
REASON #1: Talking to the police CANNOT help you.
If the police are talking to you, it’s because they suspect you have committed a crime. If they have detained you, it’s because they already have enough evidence to arrest you and they want to see if you will admit it and thus, give them an even stronger case against you.
If they have evidence to arrest you for a crime, they will. If they don’t, they won’t. It’s...
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SAC’s Steinberg Wants to Screen Jurors For Bias As a Result of Media Coverage
Attorneys for SAC Capital portfolio manager Michael Steinberg, charged with insider trading in the Southern District of New York, have asked the court to institute certain remedial measures to guard against improper juror prejudice they say is likely to result from the intense media coverage of Steinberg’s prosecution and of alleged insider trading in general at SAC. Steinberg’s lawyers cite at least 931 original articles dating back to September 2012 that have reported on purported illegal trading at SAC, as well as at least 203 mentioning Steinberg. Those articles are in addition to numerous television and radio broadcasts, tweets, and other online media reports that the lawyers claim could interfere with potential jurors’ ability to deliver an impartial verdict in Steinberg’s trial, which is set to start on November 18, 2013.
Claiming that the coverage has been not only ubiquitous but also inflammatory, Steinberg’s lawyers quote from articles describing SAC as a “nest of illegal insider trading” where “illegal activity . . . has been pervasive” and where at least nine current or former employees have been "linked to illegal trades.” Articles have also claimed that “extraordinary profits" at SAC "have always been somewhat of a market mystery.” In addition, Steinberg's counsel cite extensive press about the goverment's multi-year investigation of SAC founder Steven Cohen and the portrayal of Steinberg as key to any prosecution of his boss, as well as the publication of emails and reported witness statements that are expected to be introduced as evidence in the case against Steinberg. Exposure to such publicity, they argue, poses a real risk to juror impartiality. To address these problems, Steinberg’s lawyers want prospective jurors to fill out a questionnaire prior to appearing for jury selection and have asked the court for permission to question individual jurors, as necessary, to expose any undue bias. They also leave open the possibility that further press coverage may require them to request additional remedial measures closer to trial.
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Do Judges Punish or Rehabilitate?
One of the hardest things that a Judge has to do is sentencing a defendant. Sentencing is the time when the judge has the greatest power over a person’s life and will ultimately decide what happens with the person’s life. Judges are typically experienced attorneys. They have served as public defenders or prosecutors and know Continue ReadingDo Judges Punish or Rehabilitate? is a post from: Mountain Legal - Denver Colorado Criminal Defense
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Alford-Serrano plea is effective
The defendant father was indicted in 1994 in a twenty-eight count indictment charging that he engaged in sex relations with his 15 year old daughter, during a three month period. He entered into a negotiated Alford-Serrano plea to one count...
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Mistrial is denied
A Nassau Criminal Lawyer said that, this case is a criminal proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Presiding Justice, the Clerk, and the Deputy Clerks of the Supreme Court, Appellate Division, Second...
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Hope For Actually Innocent Offenders
More than 90 percent of criminal defendants plead guilty rather than go to trial. While some of these defendants are innocent and choose to plead guilty rather than face a… read more →
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BOSTON LAW ENFORCEMENT CONDUCT CRIMINAL INVESTIGATIONS TO SOLVE FUTURE POTENTIAL CRIMES
I’ll bet you thought the police had enough to do with solving Massachusetts crimes concerning violence, guns, drugs and the like. Sometimes, when conducting these criminal investigations, the police go undercover to ferret out the “bad guys”. They are out to solve crimes that actually take place.
At least, that is how this Boston criminal lawyer had always heard it to be. It turns out I was wrong.
It turns out that law enforcement must have more time, energy and resources on their hands than I thought they did.
Now, they seek to conduct criminal investigations in venues where there have not been crimes.
Let’s take the Boston Police Department, for example. They have apparently gotten frustrated with laying back, waiting for crimes to take place at parties. Granted, most parties do not bring about such concerns, but we all know that some do. Well, the Boston police have decided that instead of laying back in wait to deal with the crimes as they take place…they are going to be proactive.
Law enforcement are now investigating parties and such events even before they happen. They are using social media, as well as old-fashioned walking beats, to find huge after-hours parties before they happen in an effort to tamp down summer violence.
“It’s about trying to be proactive,” explains Bureau of Field Services Superintendent William Evans. “If we find out about a party, we’re going to visit that house ahead of time. If they have a DJ, they need an entertainment license. If they’re going to serve alcohol, they need a liquor license.”
Evans said police are spotting upcoming parties online, as well as on fliers posted in storefronts or stapled to utility poles.
After all, as he points out, large, late-night parties can spiral out of control and can lead to violence.
Part of the rationale are certain recent calculations. For example, Boston shootings are up this year, with 120 as of June 25, compared with 98 at the same time last year. Further, police have arrested more people on gun charges, with 202 taken into custody so far, compared with 153 last year.
Evans tells a story about a house in Hyde Park last week. 600 people had gathered. Because of the number of people peaceably assembled at the house, apparently police citywide were called in for crowd control.
No word of any crimes having been committed therein by the way.
Still, Evans says that “Whether it’s in South Boston or Jamaica Plain, we want to stay on top of parties that can get out of control”. He adds that police also are keeping an eye on bars and restaurants.
There was apparently an out-of-control crowd outside The Stadium bar last week. While we have no idea what made it “out of control”, we do know that it prompted a massive police response. In fact, officers from the drug and gang units as well as extra patrols were called in.
Perhaps this is why I could not be a police officer. I look at these numbers and think, “Gee, the police must already be pretty busy”. But then again, math and I do not get along so well.
Evans does explain, though, “That [such events] ties up resources across the city.”
Police are urging neighbors to call the party hotline at 617-343-5500 or call 911.Attorney Sam’s Take On Law Enforcement And The Right To Party
Frankly, I do not understand why the police don’t go further with this. We have covered stories about homicides actually happening at religious services. Bar Mitzvahs for example. And, let’s face it, some of those Bar Mitzvahs are like weddings! Lots of people! Why not line the service with police officers? In fact, weddings must count as parties. Plus, some marriages end up having some kind of domestic violence. Why not start the union out right…with armed police officers on either side of the bride and groom throughout the service and reception?
“So, what’s the point, Sam?”
Two points. One is my own opinion which I think I have made pretty clear. The other, more important point, is what this means to you.
I find that many people still think that if they go about their business and do not look for trouble then they are not likely to be under the scrutiny of law enforcement.
Those days, however, are over.
Most people who either give or attend parties, restaurants and clubs are not out looking for crimes to commit. However, in the guise of crime prevention, law enforcement is making it clear that officers will be on the scene looking for would-be trouble-makers.
And who is it who looks into the shiny blue crystal ball to determine who may be likely to commit a crime?
Law enforcement.
And…word to the wise…they seldom change their minds.
So be careful out there…and aware. Although you have been told that you have certain rights in this country to peaceably assemble and congregate armed with the freedom of speech…don’t assume that the police officers on the scene define those rights the same way you do. And when those officers come to tell you that they are about to limit your access for those alleged rights, you have a choice.
Choice One: Go along with it and forgo the exercising of said rights for the time being; or
Choice Two: Insist upon our rights and likely face criminal charges.
“That doesn’t seem right to me, Sam”.
Me either.
If you would like to see the original story upon this blog is based, please go to
http://bostonherald.com/news_opinion/local_coverage/2013/07/boston_cops_crack_down_on_after_hours_parties
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Daytona Domestic Violence Arrests Spike in Summer Heat
A police officer from Holly Hill was recently arrested for domestic violence and subsequently fired after it was alleged he struck his estranged wife during a dispute over their young daughter.![1269145_the_room.jpg]()
Our Daytona domestic violence defense lawyers understand the 37-year-old had been promoted from part-time to full-time officer just this past spring.
As this case shows, an arrest in and of itself can be a fatal blow to one's career and reputation. All too often, domestic violence arrests involve false or exaggerated allegations, which may ultimately come down to the strength of one person's word over another's.
Will this officer be able to get his job back if he avoids conviction? Perhaps. However, he certainly won't land another law enforcement job if he doesn't.
This incident is one of many we expect to see over the course of the summer months. In fact, law enforcement agencies swear by the theory that summer swelter contributes to heated arguments at home. There tends to be ample access to alcohol through the summer months and tensions can run high.
A recent report from the World Health Organization indicates that globally, nearly one-third of all women allege they have been victims of domestic violence, including sexual assault, by a former or current partner. Though researchers used a fairly broad definition of domestic violence, the study did track reported and estimated incidents from 1983 to 2010.
Last year in Florida, there were nearly 112,000 reports of domestic violence made to authorities. Not all of these instances resulted in arrest, but most do. The threshold for establishing grounds for arrest in these cases is much lower today than it has been historically.
In the past, domestic violence was seen as a private matter. While it's understandable that advocates and law enforcement agencies wanted to get ahead of this problem, which accounts for 20 percent of all homicides, it seems we have swung the pendulum too far in the other direction. Now, almost every domestic violence call warrants an arrest, regardless of whether there is ample evidence that a crime has been committed. In some instances, it takes nothing more than a scratch or a red mark and an accusation for someone to be hauled off to jail.
Still, even most prosecutors will tell you that criminal convictions are not quite as simple. Guilt must still be proven beyond a reasonable doubt. Often, with the help of a good attorney, reasonable doubt can be established.
If a person is convicted, per Florida Statute 741.283, he or she must serve a minimum of five days in jail. Often, those convicted of domestic violence will serve a lengthier sentence behind bars. Usually, the exact term will depend on the extent of injuries suffered by the alleged victim, as well as any prior criminal history or domestic violence arrests or allegations. It's also common for judges to impose mandatory batterer's intervention courses, domestic violence injunctions, probation and community service.
Like this Holly Hill police officer, individuals convicted face the possibility of professional repercussions. There are some jobs for which you can't even be considered with a domestic violence conviction.
But you shouldn't be resigned to your fate. An arrest is not the end of the story. Call us today to learn more about how we can help defend your rights.
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Our Daytona domestic violence defense lawyers understand the 37-year-old had been promoted from part-time to full-time officer just this past spring.
As this case shows, an arrest in and of itself can be a fatal blow to one's career and reputation. All too often, domestic violence arrests involve false or exaggerated allegations, which may ultimately come down to the strength of one person's word over another's.
Will this officer be able to get his job back if he avoids conviction? Perhaps. However, he certainly won't land another law enforcement job if he doesn't.
This incident is one of many we expect to see over the course of the summer months. In fact, law enforcement agencies swear by the theory that summer swelter contributes to heated arguments at home. There tends to be ample access to alcohol through the summer months and tensions can run high.
A recent report from the World Health Organization indicates that globally, nearly one-third of all women allege they have been victims of domestic violence, including sexual assault, by a former or current partner. Though researchers used a fairly broad definition of domestic violence, the study did track reported and estimated incidents from 1983 to 2010.
Last year in Florida, there were nearly 112,000 reports of domestic violence made to authorities. Not all of these instances resulted in arrest, but most do. The threshold for establishing grounds for arrest in these cases is much lower today than it has been historically.
In the past, domestic violence was seen as a private matter. While it's understandable that advocates and law enforcement agencies wanted to get ahead of this problem, which accounts for 20 percent of all homicides, it seems we have swung the pendulum too far in the other direction. Now, almost every domestic violence call warrants an arrest, regardless of whether there is ample evidence that a crime has been committed. In some instances, it takes nothing more than a scratch or a red mark and an accusation for someone to be hauled off to jail.
Still, even most prosecutors will tell you that criminal convictions are not quite as simple. Guilt must still be proven beyond a reasonable doubt. Often, with the help of a good attorney, reasonable doubt can be established.
If a person is convicted, per Florida Statute 741.283, he or she must serve a minimum of five days in jail. Often, those convicted of domestic violence will serve a lengthier sentence behind bars. Usually, the exact term will depend on the extent of injuries suffered by the alleged victim, as well as any prior criminal history or domestic violence arrests or allegations. It's also common for judges to impose mandatory batterer's intervention courses, domestic violence injunctions, probation and community service.
Like this Holly Hill police officer, individuals convicted face the possibility of professional repercussions. There are some jobs for which you can't even be considered with a domestic violence conviction.
But you shouldn't be resigned to your fate. An arrest is not the end of the story. Call us today to learn more about how we can help defend your rights.
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Decision is reversed on appeal
Sometime in early February 1970, the police learned from a reliable informant that a certain person (the defendant) along with a friend of his were engaged in extensive heroin trafficking. The two criminal men were investigated and kept under surveillance....
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George Zimmerman Trial: Defense Rests
The defense has rested in the George Zimmerman trial. It did not introduce any evidence of Tryavon Martin's marijuana use or fighting.
Its final two witnesses were Olivia Beltaran, a former resident at Retreat at Twin Lakes whose home was...
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Tea Party vs. Prosecutors: The changing dynamic of Texas criminal-justice debates
Grits readers will find little new in this Texas Tribune story analyzing criminal-justice reform legislation from the 83rd Texas Legislature, but I thought the prosecutor association lobbyist's comments were interesting:“The dynamic at the Capitol is definitely changing in criminal justice,” said Shannon Edmonds, director of governmental relations at the Texas District and County Attorneys Association. Edmonds said that with more libertarian-leaning members of the Republican Party, the approach has become less focused on Texas’ traditional tough-on-crime ways. For instance, he said, more Republican legislators are inclined to vote with Democrats for reduced penalties for small amounts of drugs. “Along the political spectrum, as people go to the left end and the right end, it’s not actually a line, it’s really a circle,” Edmonds said. “And the left end and right end actually loop around and meet each other.”He's right. The typical left-right spectrum simplistically portrayed by the media doesn't really apply to criminal justice politics. As gerrymandering has led to safe districts for ideologues further and further from the center, right and left, other policy areas have frequently petrified with inaction. But on criminal justice, that dynamic opened up opportunities for the sort of left-right coalitions responsible for passing every piece of Texas criminal-justice reform legislation since the turn of the century.That said, I find the article's headline saying the Tea Party is "soft" on crime laughable and off-base. What's really happening here is that the Tea Partiers are more willing than establishment Republicans to be guided by the Constitution and the Bill of Rights instead of fear mongering by the victimocracy. And they're more committed to fiscal conservatism and less interested in pandering to the array of special interests, from police unions to private prisons, with vested financial stakes in ballooning justice costs. Shannon understandably would like to pivot back to the sort of culture-war debates over the death penalty that drove justice politics 20-30 years ago. Like an '80s metal band, however, that fad has faded and is unlikely to return soon. Time for the prosecutors to re-consider their message. I doubt they can bully the current crop of Tea Party legislators with threats of calling them "soft on crime" in the same way that's worked for them in the past. In fact, if they keep it up, the tactic could begin to backfire.See related Grits posts: On ideology and overincarceration: Explaining conservative support for criminal-justice reformIdeology, interest and Texas' probation reformsRichard Viguerie on conservatism and criminal justice 'The GOP's born-again prison reformers'Norquist on 'Conservative principles and prison' Movement conservatives need to get 'right on crime'
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Counsel's competence is questioned
The criminal defendant and two co-defendants were indicted for multiple counts of forgery and grand larceny for having endorsed and cashed New York State employment checks over a three year period. The defendant was allowed to plead guilty to one count of Grand Larceny in the Second Degree and was to receive a sentence of 1-1/2 to 3 years. The plea was vacated because the minimum sentence for Grand Larceny in the Second Degree was 2 to 4 years. However, the parties agreed to allow the defendant to plead guilty to the reduced, lesser included, crime of Attempted Grand Larceny in the Second Degree and receive the previously agreed upon sentence of 1-1/2 to 3 years. In his allocution the defendant stated that the value of the stolen property, which he received, was less than $1500.00 while the elements of the crime of Grand Larceny in the Second Degree required that the value of the property exceed that amount. In the minutes of the plea proceeding supplied by the defendant, he is not advised of his right to appeal.
The defendant's motion sought to have his sentence set aside twenty-six years after it was imposed. The grounds for such relief are statutory and require a showing that the sentence was unauthorized, illegally imposed or otherwise invalid as a matter of law. Bail reduction was not sought.
The gravamen of the defendant's motion is that he was not advised of his right to appeal at sentencing, which is not a ground for Criminal Procedure Law (CPL) relief. The motion however, mentioned that his appealable issue would be that his plea allocution was defective and his counsel was ineffective for not advising him of his right to appeal making his sentence unauthorized. These were viable grounds and the court therefore considered his CPL motion. The defendant's reply added no legal arguments to his original motion. It refuted the complainant's Answer and reiterated that which was already before the court.
The defendant's plea of guilty to one count of Grand Larceny in the Second Degree was based on the understanding that he would receive a reduced sentence for his plea, to cover all of the crimes charged in the indictment. Realizing that the sentence was not authorized for that charge, the defense counsel, the prosecutor and the court allowed the defendant to plead guilty to a lesser included charge of Attempted Grand Larceny in the Second Degree which permitted the lesser sentence.
The Grand Jury found sufficient evidence to indict the defendant and two co-defendants for multiple counts of forgery and grand larceny for having endorsed and cashed New York State employment checks over a three year period. The defendant's self-serving statement at his allocution, that his share of the proceeds was less than $1500.00, did not mean that the complainant could not prove otherwise at trial.
The defendant's allegation of ineffective assistance of counsel is belied by the totality of the facts and circumstances surrounding defendant's plea and sentencing. The defendant's attorney was sufficiently effective to convince the prosecutor and the court to permit the defendant to plead to one reduced count of a multiple count felony indictment wherein he was sentenced to the minimum amount of permissible time in prison to be served concurrently with a previously imposed sentence. There is nothing before the court to suggest that the defendant's counsel was ineffective during the pretrial stages of the case or during his plea and sentencing.
The court thus found that the defendant's sentence was not unauthorized, illegally imposed or otherwise invalid as a matter of law. Accordingly, the defendant's motion to reargue and his application for a Writ of Error Coram Nobis (an order by an appeals court to a lower court to consider facts not on the trial record which might have changed the outcome of the lower court case if known at the time of trial. Coram nobis is a Latin term meaning the error before us) are denied.
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Erial Hernandez Diaz and Anibal Delgado Reyes of Hialeah, Florida Arrested for Catching Alligator
Erial Hernandez Diaz and Anibal Delgado Reyes of Hialeah, Florida were arrested this past week for allegedly attempting to catch an alligator, despite the fact that neither man has a permit to do so, news sources report. Diaz, 37, and Reyes, 46, were each booked into police custody on a misdemeanor charge of hunting alligator without a permit. A Broward County judge allowed them to leave jail without posting bond. The press did not specify a lawyer for either of the defendants.
The Florida Fish and Wildlife Conservation Commission classifies the American alligator as threatened specie. As such, it is illegal to fish or capture alligator without a license. Alligator hunting season runs from August to November in Florida, and each permit holder is allowed to catch a maximum of two alligators. Permits are already sold out for the upcoming season; over 6,000 have been issued, sources say.
According to reports, the incident occurred Tuesday evening at the Everglades Holiday Park in Broward County. An off-duty policeman and his son spotted the defendants trying to catch the alligator, sources say. Diaz and Reyes allegedly tried numerous times to illegally hook the beast without success. "They purposely attempted to hook a gator multiple times, but the line kept snapping," the officer reportedly said. "They were never able to reel the gator in to where they could harvest it." It is not clear whether the pair was aware of the legal restrictions on alligator hunting.
The off-duty officer reported the illegal fishing attempt to the park's staff. The defendants were later arrested an appeared in bond court before a county judge. During the hearing, the defendants reportedly claimed that they had caught the gator by accident.
In other news, police are attempting to find two men and a woman who allegedly took $1,250 from Jim's Bar-B-Que in Reddick by tricking a clerk, reports say. Police are currently conducting an investigation to determine the suspect's identity. So far, they do not appear to have made any arrests and are asking for the public's assistance.
According to reports, the incident occurred around 5:30 p.m. on June 22 at Jim's Bar-B-Que. One suspect initially called the restaurant and spoke with clerk Amber Benz, reports say. During the call, the suspect pretended to be Thor Wishart, the owner of the restaurant. The suspect told the clerk that he would enter the store with a key, which he would exchange with her for cash. The suspect first told her to hand over $650, but later changed it to $1,250, sources say.
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Zachary Mueller of Fort Lauderdale, Florida Arrested for Sexual Battery
Zachary Mueller of Fort Lauderdale, Florida was arrested Thursday after he was accused of sexually assaulting a minor while she slept, news sources report. Mueller, 31, was booked into the Broward County Main Jail on charges of sexual battery of a victim over 12 years old with physical force. A judge ordered that he be held in lieu of $5,000 bail bond. The press did not specify an attorney for Mueller.
According to reports, Mueller met the victim on Monday at a funeral. Information regarding the victim's identity was not immediately available at press time; she is reportedly above the age of 12, but younger than 18. After a chat, Mueller reportedly invited the victim to his home in Sunrise.
The victim accepted the invitation and visited Mueller's home. While there, sources say Mueller served the victim alcohol. Later on into the visit, the victim became tired and went to sleep in one of the home's bedrooms. Mueller and his girlfriend slept in a separate room, reports say.
The victim was later woken up to Mueller sexually assaulting her, reports say. The victim told Mueller to stop, but he allegedly continued the assault. "The victim panicked and froze, however she wept during the entirety of the unlawful sexual activity," a police report apparently says. The victim left the home soon after and reported the incident to the police.
The following day, detectives had the victim contact Mueller by phone to arrange to meet at an unspecified location in Sunrise. According to reports, police were monitoring the meeting using surveillance equipment. Muller reportedly told the victim, "I'm sorry for raping you," after which he was arrested.
Not all child abuse is of a sexual nature. Grant Mulder of Madeira Beach was arrested Wednesday after he was allegedly left his seven-year-old daughter on the side of the road after a car accident, reports say. Mulder, 41, was allegedly drunk at the time; he was booked into the Pinellas County Jail on charges of child abuse, driving with a suspended license, leaving the scene of a crash with injuries, driving under the influence, leaving the scene of a crash with property damage. It is unclear whether he qualified for bail or hired legal representation.
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Michigan DUI - The Arraignment After a Drunk Driving Arrest in the Detroit area - Part 2
In part 1 of this article, we began exploring the arraignment stage in Michigan DUI cases. In my role as a Detroit DUI lawyer, meaning a DUI attorney who exclusively handles drunk driving cases in the Tri-County, Metropolitan Detroit area,...
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Offense dictates the sentencing
The criminal defendant appealed from his convictions of first-degree murder and second-degree criminal possession of a weapon. According to the defendant, the court erred in imposing upon him consecutive sentences because he acted with singular intent during one criminal transaction....
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Defendant is found to be sane
A man was indicted on two counts of robbery in the second degree. But, he pleads not guilty to both indictments, with a reason of insanity and he was thereafter sent to the hospital for observation. The hospital reported that he was unable to understand the nature of the criminal charges and to make a defense. The court then transported him to the state hospital. Later, the man was pronounced recovered by the state hospital, but at the court's direction he was sent to another hospital for re-examination. The hospital reported that he was still unable to understand the nature of the charges and to make a defense. The man was again committed to another state hospital. Consequently, the man appeared in county court contending that he was capable to stand on trial for his charges.
After a hearing, he was remanded to the state hospital for further treatment. Thirteen days later, the man escaped from the hospital and was at large. He was thereafter indicted for the crimes of kidnapping, robbery in the first degree, grand larceny in the first degree and assault in the second degree. The court then committed the man to the psychiatric division which reported that the man was normal, and was capable of understanding the charges against him and of making his defense.
At a hearing, the man's attorney offered no objection to the report and it was appropriately confirmed by the court.
Prior to accepting the plea of guilty, the court questioned the man to determine if he understood the meaning and significance of the plea.
At all time the man was represented by an attorney. The man also filed to vacate the decision of conviction and hearings on the motion were held. Subsequently, the man was transferred to the hospital returning to prison. The court then denied the man's application.
The court stated that on the basis of the hearing and upon all of the records of the court and psychiatric reports, the court found that the man was not insane on the date of the commission of the crime. The court also found that the man was not insane and was fully capable of understanding the nature of the charge against him and making his defense. The court also found that the man has not been deprived of due process.
The man's basic contention is that his conviction was improper because he was insane when he committed the crime for which he was convicted. He asserts that the court should have called the superintendent of the state hospital to establish the aforementioned fact.
The court stated that the psychiatric examination and the hearing were for the sole purpose of determining the man's ability at the time of trial to understand the nature of the charges against him and to make his defense.
Sources revealed that there was complete compliance with the code of criminal procedure. In addition, if the man wished to call the superintendent of state hospital to disprove the report of the psychiatrist, it was his right but the court observes no such obligation on the part of the court. Instead he made no objection and the report was confirmed by the court with his consent.
Apparently, there was no question raised as to the man’s sanity at the time of his plea. The merits have been passed on twice and denied. In addition, it is apparent that the trial court had authority of the man and of the crimes, with which he was charged, and he is detained pursuant to the decision. Since the man’s term has not expired, it is not available to him.
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