Suspect in Break-in of Musician Kid Rock's Home Awaits His Day in Court

August 5, 2013, 1:47 pm

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Recently, a 43-year-old Independence Township resident was arrested for attempting to break in to musician Kid Rock's home in Clarkston, according to a news article at Mlive.com. Sheriff's deputies received two tips leading to the arrest of the suspect. Prior to the arrest, Kid Rock was offering a $5,000 reward for any information which would lead to an arrest. The Oakland County Sheriff's office stated that surveillance cameras located at the residence captured images of a 1994 Ford Club Wagon ramming the gate in the driveway of the musician's home. The incident took place on Wednesday July 31 at approximately 3:30 in the afternoon. The surveillance footage then revealed the driver of the vehicle walking toward the home on crutches before attempting to break in to a building located on the property. Another news article indicated that the suspect could be arraigned today in Detroit's 52-2 District Court. However, as of 10 a.m. paperwork from the Oakland County prosecutor's office essential for the arraignment had not been received. At the time of this report, the name of the man who was arrested was not known by the court clerk. The suspect was arrested for attempted burglary. The penalties the man may face if convicted of attempted burglary may vary, depending on whether prosecutors can prove the suspect intended to take property had he gained entrance into the building. The legal differences between actual burglary of a residence and attempted burglary are interpreted differently and may change from one jurisdiction to another. In most cases, an individual who is charged with attempted burglary clearly intended to commit the crime of burglary. Criminal trespassing is another is another charge that may be considered when someone goes onto another individual's property without the owner's permission with the intention of burglarizing a home, garage, or other building on the premises.

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Colon Township Resident Faces Meth Charges After Report of Smoking Trash Bag

August 5, 2013, 1:52 pm

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Recently, a resident of Colon Township was taken into custody and arrested for methamphetamine-related charges after the St. Joseph County Sheriff's Office received a report of "smoking" trash. When a deputy arrived at the scene, he found the trash bag reported by a resident in the area was smoking. The trash bag was located on the side of Decker Road in Colon Township on Tuesday, July 30 according to a news article at Mlive.com. The deputy suspected the trash was meth related according to a news release issued by the Sheriff's office. Deputies called SCAN (St. Joseph County Area Narcotics) investigators who went through the trash and found items which led them to believe the resident had been using and manufacturing methamphetamines. A search warrant request was then issued, and upon execution police discovered critical evidence. The resident who was suspected of meth use and manufacturing was not at home at the time investigators discovered the items, but did return while authorities were still at the scene. The suspect was then taken into custody and incarcerated at the St. Joseph County Jail. The press release issued by the Sheriff's department indicates the suspect faces several charges including possession of meth, maintaining a drug house, possession of marijuana, and operating/maintaining a meth lab. Michigan methamphetamine possession attorneys know that anyone who is convicted of possessing this Schedule 2 drug faces harsh consequences. When manufacturing or intending to distribute or deliver is also a factor, the penalties become even more serious. Drug crimes are taken very seriously in the state, and prosecuted vigorously.

John Ferguson

August 5, 2013, 2:04 pm

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The Supreme Court has refused to issue a stay of execution for John Ferguson. He is scheduled to be executed by Florida at 6:00 pm, tonight. Christopher Handman, Attorney for John Ferguson, has issued a statement on the "U.S. Supreme...

Ann Arbor Defense Attorney and DDA Member Charged with Sexual Assault

August 5, 2013, 2:07 pm

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Nader Nassif, a 29-year-old Ann Arbor defense attorney and member of the Downtown Development Authority, was arrested on Wednesday July 31 for alleged sexual assault. Nassif was formally charged on Friday afternoon with one count of third-degree criminal sexual conduct. Nassif was held at the Washtenaw County Jail until Friday, when he was released on a $25,000 bond according to news articles at AnnArbor.com. His arraignment was scheduled for Friday, but was postponed until Saturday. He was arrested in the 200 block of South Fourth Avenue. A former lawyer with the Lorandos Joshi Law Firm and the Washtenaw County Public Defender's Office, Nassif now has his own firm located at 202 E. Huron St. in Ann Arbor. News articles did not release the details of the alleged sexual assault as the case is still under investigation according to Lt. Robert Pfannes, who said the department typically does not release information regarding these sensitive issues while investigations are ongoing. Third-degree criminal sexual conduct involves penetration, and may also involve coercion or force. As Michigan sex offender defense lawyers know, the penalties for those convicted are severe and may include up to 15 years in prison, as this is considered a felony offense. Sex crimes are some of the most difficult cases to defend or prosecute, because it is often a simple matter for someone to falsely accuse another person of these types of offenses.

Should Wrongful Conviction Compensation Be Shared With Ex-Wife?

August 5, 2013, 2:24 pm

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In another wrongful conviction case out of Texas, Steven Phillips was imprisoned for 24 years for a series of sex crimes committed in 1982 and 1983. After enduring two trials he plead guilty to several other charges in a third trial to avoid a life sentence. At the time he was arrested he and his […]

¿MUERTE CIVIL?

August 5, 2013, 2:25 pm

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¿MUERTE CIVIL? Es interesante el tema, ¿Qué se pretende?, más o menos que el corrupto detectado -¡todos lo somos en potencia!, sino respondamos amable lector con  honestidad, lindante  con la santidad, ¿pondríamos las manos al fuego por nosotros mismos?. Señalaba que, detectado el corrupto, la sanción ejemplar y adicionalmente una pecuniaria, que consistiría en devolver lo robado, imagino que con intereses y costas; de no hacerlo (devolver el dinero mal habido) ninguna actividad económica que demande la intervención de agentes del sistema financiero a la que pretenda dedicarse le será propicia, por tanto, finalmente deberá trabajar y esconder el dinero bajo el colchón por qué no podrá aperturar cuenta bancaria alguna. Protestan, como comprenderán, no los potenciales corruptos, sino los que han probado las mieses del poder. ¿Qué, pienso al respecto?, pues fíjense, hoy en día si un modesto colaborador, servidor, trabajador, asalariado o como prefieran denominar a la fuerza de trabajo, solicita crédito, compra a plazos o avala a un tercero y no cumple, es inmediatamente reportado al INFOCORP y su incumplimiento ingresa a la base de datos de la actividad financiera del País y probablemente del extranjero, ¿podemos decir, sin temor a equivocarnos que el trabajador o ciudadano que está en el INFOCORP es un corrupto?, no, ¿verdad?, sin embargo, si miramos el entorno de nuestro ejemplo con el “corrupto detectado” el asunto de la “muerte civil”, cumple la misma función, aislar al incumplido y que nadie le preste un solo centavo mientras no pague, aunque en ello se le vayan los alimentos de una semana. Si el “corrupto probado” no devuelve lo que adquirió ilegalmente, merece una sentencia y devolver de lo que se apropió, aun cuando el producto se haya convertido en inmuebles, yates, beneficios familiares por afinidad; ¿Qué, puede terminar en una persecución política?, bueno esta es una excusa no sólo ligera, sino absolutamente equivocada, todos somos potenciales corruptos, pero no todos llegaremos a serlo, ¿? por falta de oportunidad estimado, amable y sacrificado amigo, por tanto, si se ha probado la corrupción, lo que demanda un proceso de algunos años o de pronto los corruptos de nuevo cuño, lo demorarán para que finalmente prescriba (interesante sería agregar la imprescriptibilidad de estos delitos) lo que corresponde es la devolución del robo independientemente de la sanción.

What are the Penalties of an Affirmative Finding of Family Violence?

August 5, 2013, 2:31 pm

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By Bo Kalabus bo@kalabuslaw.com Office: 972-562-7549 Collin County 24-Hour Jail Release 214-402-4364www.kalabuslaw.comwww.rosenthalwadas.com An affirmative finding of family violence (AFV) on your record will drastically change your life. These types of cases should be taken seriously and defended aggressively considering the impact of a negative outcome can be incredibly far-reaching. First, let's start with what family violence is. Family violence as defined under the family code is "an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself." Tex. Fam. Code § 71.004. In a criminal case, the AFV will be used as tool by the State to enhance an assault charge. Second, let's look at the consequences of family violence. Taking an AFV on your record will cut your rights as a U.S. citizen cut in half. Among the consequences of a first offense of an AFV are: • You can never be named as the "managing conservator" of a child in any divorce action or action requiring the placement of a child. • You can never adopt a child under Texas law. • You can never posses or transport a firearm or ammunition under federal law. • If, at any time in the future you are charged with an assault against a family member or a member of your household or a person who qualifies under Texas law as a person with whom you have a "dating relationship", that assault can be filed as a third degree felony offense regardless of the degree of physical injury. Finally, an AFV charge is nothing to take lightly. If convicted your life will change forever. If facing such a situation, you should contact competent legal counsel to protect your rights.

Florida DUI Evidence Thrown Out Where Police Did Not Read Implied Consent in Spanish

August 5, 2013, 2:35 pm

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In Florida, when a police officer makes a DUI arrest, he/she will normally ask the suspect to submit to a breathalyzer test to be taken after the arrest. If the suspect agrees to take the breathalyzer test which results in a reading of 0.08 or higher, the state will certainly use that evidence against the defendant in the DUI case. If the suspect refuses the breathalyzer test, the state will attempt to use that refusal against the defendant in the DUI case by arguing that the defendant refused the breathalyzer test because he/she knew there would be a bad result. Of course, there are any number of reasons why a suspect would refuse a breathalyzer test after a DUI arrest, and he/she can argue those in response in the DUI case, but the state will normally have a right to make their argument as well. However, in order for the state to use a breathalyzer refusal against a defendant in a DUI case in Florida, the police must follow certain rules. One such rule is that when explaining the breathalyzer test to the suspect, the police officer must inform the suspect that if he/she refuses to submit to the breathalyzer test, that refusal can be used against him/her at the DUI trial and result in a suspension of his driver's license. If the police officer fails to tell the suspect that, the state may not use the refusal against the defendant at trial. In a recent DUI case near Jacksonville, Florida, a police officer stopped the suspect for driving without his headlights on. The police officer indicated that he observed signs of impairment about the suspect and initiated a DUI investigation. The DUI investigation then led to a DUI arrest. After the arrest and at the jail, the police officer asked the suspect if he would submit to a breathalyzer test. The suspect refused. The police officer then read him the implied consent information including the required information about a refusal of a breathalyzer test being used against the suspect at a DUI trial. The suspect was Hispanic. He understood some English, but his primary language was Spanish. He indicated that he did not fully understand the implied consent warnings. The police officer declined to re-read them in Spanish. During the DUI case, the criminal defense lawyer filed a motion to suppress the evidence that the defendant refused to submit to the breathalyzer because he was not properly read the implied consent information. The court agreed with the defense. Since the defendant did not understand English very well, he was not properly informed of the implied consent information. Since the police officer did not read it to him in Spanish, when a Spanish version or interpreter was available, the state did not comply with the implied consent law. The result was not that the DUI case was dismissed; the state could still go forward with the DUI charge. However, the state was restricted from using the evidence of the breathalyzer refusal against the defendant.

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"More Complaints Than Proposed Solutions at Trial Over Police Searches"

August 5, 2013, 2:43 pm

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From The New York Times: The judge overseeing the trial examining the constitutionality of theNew York Police Department’s stop-and-frisk practices had a novel idea for how to reduce illegal police stops. “What did you think of a body-worn camera?” the...

Distribution of Child Pornography

August 5, 2013, 3:10 pm

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As an Aggressive Criminal Attorney and former prosecutor with 20 years of experience, I have been involved in the prosecution of hundreds of cases involving the possession and distribution of Child Pornography, on both sides of the aisle. These are very serious offenses that almost invariably result in the incarceration of defendants who are convicted. Because the Child Pornography is almost always distributed and downloaded from the internet, there is dual federal and state jurisdiction to prosecute these cases. Often the mere threat of a federal prosecution is enough to convince defendants charged in the state system to accept plea bargains because the penalties in the federal system are draconian and mandatory. Anyone charged with these very serious charges needs to immediately retain an experienced criminal defense attorney to represent them. As I said, I have handled many of these cases. Here are the specifics on one I handled recently.

Upon reviewing the record of this case, the court is satisfied that the verdict of guilt was not against the weight of the evidence

August 5, 2013, 3:45 pm

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Two similar cases are before the court for resolution. In the first case, the defendant appeals from a judgment of the Supreme Court, Kings County, rendered 2 August 1988, convicting him of the drug crimes of criminal sale of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The court affirms the judgment. The People's evidence established the following facts: On 4 November 1987, at approximately 5:00 P.M., an undercover officer approached the defendant and the codefendant LR who were standing next to a dumpster and asked for $40 worth of cocaine. The undercover officer gave the prerecorded money to the defendant and was given two packets of cocaine by the codefendant LR, who had retrieved the packets from a brown paper bag underneath the dumpster. A few minutes later, a second undercover officer conducted a similar transaction, giving the prerecorded money to the defendant and receiving a packet of cocaine from LR. Upon the defendant's arrest, the arresting officers recovered the brown paper bag from the ground and the prerecorded money from R's pocket. In the analogous case of People v. Contes, the court finds that it was legally sufficient to establish the defendant's guilt of the crimes of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree beyond a reasonable doubt. Moreover, upon the exercise of its factual review power, the court is satisfied that the verdict was not against the weight of the evidence. Reckless Endangerment could have been involved. The defendant further alleges that the trial court's participation in the questioning of witnesses for the People deprived him of a fair trial. The court disagrees. It must be noted that this issue has not been preserved for appellate review. In any event, a review of the record indicates that the trial court's questioning only served to clarify testimony and facilitate the progress of the trial as was held in a similar case of People v. Yut Wai Tom. The court has reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. The second similar case is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered 29 July 2008, convicting him of criminal possession of a controlled substance in the third degree (two counts), criminal mischief in the fourth degree, criminal possession of a weapon in the fourth degree, criminally using drug paraphernalia in the second degree (two counts), and conspiracy in the fourth degree (two counts), upon a jury verdict, and imposing sentence. Domestic violence was not an issue. The court affirms the judgment. In People v Contes, the court viewed the evidence in the light most favorable to the prosecution and in this case, the court finds that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. In fulfilling the court’s responsibility to conduct an independent review of the weight of the evidence as was discussed in the case of People v Danielson, the court nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor as was also held in People v Mateo. Upon reviewing the record of this case, the court is satisfied that the verdict of guilt was not against the weight of the evidence as was previously held in People v Romero. The defendant's contention that the cocaine allegedly possessed by him on 7 February 2007 was improperly admitted into evidence is without merit. Reasonable assurances existed that the cocaine sought to be admitted was the same cocaine as was allegedly possessed by the defendant. Therefore, any deficiencies in the chain of custody went only to the weight to be given to the evidence, not its admissibility as was also held in People v Hawkins. Contrary to the defendant's contention, the trial court properly permitted the People to amend the indictment by changing the description of the weapon unlawfully possessed from switchblade knife to gravity knife. The defendant has not shown that he was prejudiced in any way by the amendment.

The defendant raised two constitutional challenges to the sentence statute

August 5, 2013, 4:05 pm

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In this cocaine related case, defendant appeals from a judgment of the Supreme Court, Suffolk County, convicting her of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree,...

African American Sentenced to Death Because of Race

August 6, 2013, 1:03 pm

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Duane Buck, an African American in Houston, Texas, was sentenced to death after a jury heard testimony that his race made him more likely to commit crimes in the future. The story all began in 1997, when Buck was on trial for the murders of two people in Harris County, Texas. Buck did not deny [...]The post African American Sentenced to Death Because of Race appeared first on The Appelman Law Firm Law Blog

The informant herein provided the information to the police

August 6, 2013, 1:23 pm

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In March 1986, the police and agents of the United States Secret Service executed a search warrant at the premises of a specific location. The affidavits submitted in support of the application for this warrant contained allegations that an informant, who had previously been arrested in connection with a credit card scheme, had stated that the defendant was providing the informant with forged and altered credit cards and was receiving stolen property obtained with the credit cards. The informant further alleged that the defendant received the stolen goods at his home at the corner of a street. The informant provided the police with the defendant's telephone number and a description of his automobile. The police thereafter conducted an investigation which consisted of verifying that the defendant's address, telephone number and automobile registration were as the informant had stated. The police investigated the defendant's prior criminal history and found that in the prior year he had pleaded guilty to grand larceny in the third degree in connection with a credit card scheme perpetrated against a retail store in New York County. The police also conducted a one-day surveillance of the defendant's residence but did not observe any criminal activity. Based upon the aforementioned information the search warrant was issued by the Criminal Court, Queens County. A Queens County Criminal attorney said that during the search of the defendant's home, no stolen goods or forgery or altered credit cards were found but the police discovered a .45 caliber pistol and a .22 caliber rifle which the defendant admitted were unlicensed and unregistered. Following the denial of the defendant's motion to controvert the warrant and suppress the evidence and the statements made by him at the time of his arrest, he pleaded guilty to attempted criminal possession of a weapon in the third degree in full satisfaction of the indictment. The defendant argues that the police lacked the requisite degree of probable cause to obtain a warrant to search his residence and therefore the evidence and statements obtained in connection therewith must be suppressed. The issue to be resolved in this case is whether or not there is probable cause to obtain a warrant to search defendant’s residence. The court agrees. As a rule, the probable cause necessary to obtain a search warrant need not be sufficient to sustain a conviction beyond a reasonable doubt but may merely constitute information sufficient to support a reasonable belief that an offense is being committed or that evidence of a crime may be found in a certain place. Based on the facts of this case, the court concludes that the prosecution failed to establish that the informant was reliable. The informant did not have a previous history as a supplier of accurate information to the police nor were the informant's statements regarding the defendant given under oath. Moreover, although the informant's statements could arguably be considered as a declaration against his penal interest, we disagree with our dissenting colleague's position that this fact was sufficient to establish the informant's reliability. The Court of Appeals has recognized that while declarations against an informant's penal interest give reasonable assurances as to the reliability of the informant's statements, such admissions are not guarantees of truthfulness and they should be accepted only after careful consideration of all the relevant circumstances of the case indicates that there exists a basis for finding reliability. At the time the informant herein provided the information to the police regarding the defendant, he was already under arrest and had made admissions as to his involvement in a credit card scheme. These circumstances make it apparent that the informant, who was already subject to criminal liability, was seeking to gain favor with the police on his own behalf by implicating the defendant as a supplier of the fraudulent credit cards, and accordingly cast doubt on the informant's reliability. Moreover, the Court concludes that the fact that the information provided by the informant regarding the defendant's residence, automobile and telephone number were corroborated by independent police investigation did not, in and of itself, constitute a basis for finding that the informant was reliable. The independent police investigation consisted of merely verifying the ownership of the defendant's automobile and residence and determining that the defendant had pleaded guilty to a similar offense several months previously. The police investigation did not in any way verify the informant's allegations that the defendant was in possession of stolen property. This investigation was clearly insufficient to serve to verify the informant's allegations regarding the defendant. Finally, the court finds that the informant's statements did not reflect an adequate basis for his knowledge of the defendant's criminal activity. The informant merely provided general information regarding the defendant's residence, automobile and telephone. Notably, the description of the defendant's residence did not include any specific details such as the layout of the house or the location of stolen property allegedly stored therein.

"Conservative group advocates sentencing reform"

August 6, 2013, 1:34 pm

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From the Daily Caller: A major conservative policy organization has endorsed criminal justice reform, lending further bipartisan support to a bill in Congress that would lessen mandatory minimum sentencing for nonviolent offenses. The American Legislative Exchange Council, a free-market advocacy...

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TakePart.com: Wikipedia Vows to Protect Readers From Government Snooping

August 6, 2013, 1:40 pm

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TakePart.com: Wikipedia Vows to Protect Readers From Government Snooping || Responding to NSA controversy, site founder Jimmy Wales says privacy is a ‘human rights issue.’ by Matthew Fleischer [...] Read more!

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August 6, 2013, 1:43 pm

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Sully v. Ayers, No. 08-99011 (8-6-13)(Thomas with Berzon and N. Smith). The 9th affirmed the denial of petitioner's habeas claims challenging six capital murders and sentences. The 9th concludes that counsel was not ineffective in failing to present mental health evidence in the penalty phase, nor ineffective in impeachment. The evidence against the petitioner was overwhelming, the crimes unusually brutal, and the victims many. The petitioner, by the way, was a former police officer who obviously "broke bad."

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August 6, 2013, 1:44 pm

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US v. Underwood, No. 11-50213 (8-6-13)(Pregerson with Noonan and Paez). Plagiarism can get a student in trouble, an author ridiculed, and in the case of a police officer drafting an affidavit, the evidence suppressed. Here, the 9th affirmed the suppression of evidence because of the lack of probable cause. The defendant was suspected of trafficking in drugs. A wiretap and surveillance led to a 100+ page affidavit supporting a warrant for probable cause. The search of man homes (15) found precious little, except a small amount of pot for personal use. Yet, there was one more site to possibly search, where packages were delivered three months previously. The federal agent had a state agent draft a probable cause affidavit for yet another house. The state agent copied verbatim the key portions of the federal affidavit, complete with the "I believe...." And "I observed....." This didn't cut it with the judge, who suppressed the evidence. The 9th affirmed, holding a lack of probable cause and no good faith exception. One just cannot copy with stating so and adopting or explaining.

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August 6, 2013, 1:45 pm

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Shoemaker v. Taylor, No. 11-56476 (8-6-13)(Pregerson with Paez and Hurwitz).The defendant was convicted of possessing and duplicating child pornography in state court. On habeas appeal, he argued that the photos were "innocent images." They were not under the six factors test in Dost, 636 F. Supp. 828 (SD Cal 1986). The 9th also rejected the argument that these "innocent" photos were morphed into porn. Under AEDPA, the state court's interpretation was reasonable. Finally, the prosecutor's argument that the jury could find the photos were pornographic in context was error, but was harmless, because the photos were in fact child porn.

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August 6, 2013, 1:46 pm

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US v. Gomez, No. 12-50018 (8-6-13)(Graber with Rawlinson; dissent by Watford). The Miranda rights were read when the drugs were found in the defendant's car at the POE, and the defendant said he couldn't talk because his family would be killed. At trial, the defendant raised a "blind mule" defense. In rebuttal, the gov't introduced the statement. Was it a comment on the defendant's silence? No, held the 9th. "Yes," argued the dissent. The majority focused on how the statement was inconsistent with his trial testimony, and was rebuttal. The dissent focused on how it was intertwined with his invocation. The 9th also held that the right to confrontation was not violated when the drug agent was an "expert" on drug cartels not using "blind mules." Furthermore, the prosecutor did not err when the prosecutor argued it was the jury's "duty" to convict, since it followed the statement that the gov't has the burden of proof. Read in context, the prosecutor was not stating that the jury had to convict, but that it should if the evidence was beyond a reasonable doubt. Those qualifications were not in the statement, but the 9th felt it could be implied, and was contextual.