By H. Michael Steinberg Colorado Criminal Defense Lawyer - Attorney
Michael Maher was a trained firefighter with an associates degree in the sane field. He had a degree from a fire academy and was certified in wild land fire fighting. What he didn't have was permission to fight the two fires he has now been prosecuted for in Colorado.
Impersonation of a firefighter or police officer is a crime in Colorado. The law is found Impersonating a Peace Officer under C.R.S. 18-8-112:
18-8-112. Impersonating a Peace Officer
(1) A person who falsely pretends to be a peace officer and performs an act in that pretended capacity commits impersonating a peace officer.
(2) Impersonating a peace officer is a class 6 felony. (LINK)
Mr. Maher was convicted twice for impesonating a firefighter. The most recent sentence for Mr Maher was 42 days in jail and probation with terms and conditions including public service for fighting the High Park Fire in Larimer County. But this was not Maher's first rodeo - several months earlier he received a 60 day sentence for impersonating a firefight Lower North Fork Fire in Jefferson County.
H. Michael's Take on The Crime of Impersonating a Peace Officer 18-8-112
It has been my experience that men like Mr. Maher intend only good from their actions. They do not have the kind of criminal intent one sees in most criminal acts. To defend these cases properly, it is particularly important to determine the motivations of the person charged vis a vis the commission of the crime.
If the crime of Impersonating a peace/police officer occurs in a different context - that is the commission of other crimes - such as theft, sexual assault, or burglary of a home or business - the crime is considered much more serous and needs to approached from that perspective.
H. Michael Steinberg has handled several of these cases (Impersonating a Peace Officer under C.R.S. 18-8-112) over his thirtyyears specializing in Colorado criminal law. =
ABOUT THE AUTHOR: H. Michael Steinberg - Email The Author - A Denver Colorado Criminal Defense Lawyer - or call his office at 303-627-7777 during business hours - or call his cell if you cannot wait and need his immediate assistance - 720-227-2277.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience - specializing in Colorado Criminal Law along the Front Range. Call him if you have any questions about ...Impersonating a Peace Officer under C.R.S. 18-8-112.
Impersonating A Police Officer or Firefighter Will Get You Jail In Colorado - Impersonating a Peace Officer - Fire Fighter Under C.R.S. 18-8-112
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Business Owner and Former Attorney Sentenced to Prison for Bank Fraud
Hussein “Sam” Nazzal, 60, Dearborn, Michigan, the owner of a real estate company was sentenced to 110 months in prison, and Edward A. Schneider, 60, Dearborn, Michigan, a former attorney, was sentenced to 48 months in prison following their convictions for bank fraud and commercial bribery. Nazzal, the owner of G&S Development real estate investment […]
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Fraudster Sentenced to Prison for Illegal Flipping Scheme
Juan Velez, 60, Waterford, Connecticut, was sentenced by U.S. District Judge Robert N. Chatigny to 12 months and one day of imprisonment, followed by five years of supervised release, for his role in a mortgage fraud scheme. Judge Chatigny also ordered Velez to spend the first six months of his supervised release in home confinement […]
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Signatures For Ballot Referendums At The Courthouse
I was recently walking out of the courthouse in Sanford and was asked to sign a petition to protect our water. Since I am generally against any type of regulation I didn't want to sign it. I also noticed that the individual asking me to sign had a "legalize it" shirt on. As a criminal defense attorney who handles Orlando marijuana cases, Seminole County marijuana cases, Daytona Beach marijuana cases and Flagler County marijuana cases I'm not a huge fan of the current drug laws in the United States and question the war on drugs. It did not offend me that the guy wanted me to sign a petition for legalizing marijuana what offended me is that he tried to trick me into signing a marijuana petition by either mixing multiple ballot referendums or just lying to me about what I would have been signing. I actually told him no as soon as he told me he was petitioning to protect my water so I did not get to see what the document said. This gives me some concern about the ballot referendum process if people will lie to individuals on the courthouse steps in an attempt to get enough signatures to get their issue on a ballot. I was talking to an investigator I work with and he said the same thing happened to him in as he was leaving the clerk of court in Orlando. The question that I have is if I looked like a defendant instead of an attorney would they have asked me to sign a petition for clean water or to legalize marijuana. Does everyone get the same sales pitch or is it catered to what they believe you will be willing to sign? The other question is does it matter what they say since the referendum only puts it on the ballot for a vote. I guess in the end it all comes down to making sure you carefully read anything you sign.
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Ohio Supreme Court holds that Postrelease Control Can’t Be Imposed Sentence When Judge Fails To Impose At Sentencing
The Ohio Supreme Court has held that when a judge fails to properly impose statutorily mandated postrelease control as part of a defendant’s sentence, the postrelease-control sanction is void. The case is State v. Hold croft, Slip Opinion No. 2013-Ohio-5014. In 1999, the Defendant was found guilty of aggravated arson and arson, pursuant to a […]
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Expect More People to Face Child Pornography Charges as Online Investigation into EMail and Search Queries Expand in 2014
Earlier this week, an Arlington man named Barry Robert Turner was sentenced by federal judge John McBryde to 40 years behind bars in a federal prison in a sentencing hearing that came about after Turner pled guilty to one felony count of distribution of child pornography. In the FBI news release, Turner’s crime is described...The post Expect More People to Face Child Pornography Charges as Online Investigation into EMail and Search Queries Expand in 2014 appeared first on Dallas Justice.
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As Technology Increases, Privacy Decreases
Some would say that technology has made our lives better, and that's a debate for another day--but one thing we can all agree on is the fact that technology has made it a lot easier for the government to track us. Creepy, invasive technology is no longer the stuff of Mission Impossible and three letter government agencies like the NSA and CIA. To add insult to injury, technologies which invade our privacy have trickled down to local police departments. Which of these snooping technologies constitute a "search"? As you know, anything that constitutes a "search" will require a warrant under the Fourth Amendment. So, think back to your high school American Government class, fourth period (right after lunch, so you were probably very sleepy). The Fourth Amendment to the United States Constitution protects us from unreasonable searches. This begs two questions: (1) what is considered "reasonable" and (2) what is a "search?"
Technically speaking, "a search occurs whenever something not previously in plain view becomes exposed to an investigating officer". Norris v. State, 993 S.W.2d 918, 925 (Ark. 1999). For example, when police were walking through someone's house, they slightly moved some stereo equipment so that they could read the serial numbers. The United States Supreme Court found that this slight move constituted a "search". Arizona v. Hicks, 480 U.S. 321, 324-325 (1987). The only way the police can get away with a search is if they have a search warrant signed by a judge. Otherwise, the police have no right to see "something not previously in plain view".
Searches are easy to define when it comes to physical places and things. But, what about searches of computers, smartphones, or Wi-Fi networks? Local law enforcement these days are fishing around peer to peer networks in order to make child pornography arrests. May they do this without a search warrant? In order to determine how the Supreme Court will react to these technological developments, we'll have to review a few old cases.
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'Bulletproof': One quarter of suspects shot by Houston PD unarmed, officers hardly ever disciplined
Following up on reporting this summer by Emily DePrang at The Texas Observer, the Houston Chronicle is in the middle of a three-part series on shootings by the Houston Police Department called "Bulletproof." So far they've published parts one and two, with part three coming on Sunday. Here's how part one opened:Houston police fired their guns at civilians more than 100 times in the last five years, resulting in numerous injuries and deaths, but never in charges against the officers.From 2008 to 2012, officers shot 121 people, 52 of them fatally. Police say their lives or others were threatened in all those incidents, although more than a quarter of the civilians shot by the Houston Police Department during that time were unarmed. Of the unarmed people shot, 10 died. They include a mentally ill double amputee in a wheelchair and a Navy veteran diagnosed with schizophrenia. Officers shot unarmed civilians who “reached” or “grabbed” for their waistlines — or held objects such as cellphones or a hairbrush that police mistook for weapons. Harris County grand juries have cleared HPD officers of criminal wrongdoing in all shootings from 2008 to 2012 that they have reviewed so far, a Houston Chronicle investigation has found. The last time an HPD officer was charged for a shooting was in March 2004, when Arthur Carbonneau was indicted in the death of 14-year-old Eli Escobar Jr. Carbonneau was convicted of negligent homicide in that case. Since then, Houston police officers have been cleared by Harris County grand juries 288 consecutive times for shootings. The newspaper also found that most HPD officers receive less shooting range training annually than what national and international police agencies recommend. And when it comes to fulfilling that basic training requirement, the department appears lagging. Houston police officers currently on the force have been cited 405 times by their superiors for failing to undergo annual firearms qualifications, according to an HPD database of sustained internal affairs complaints. Very few HPD patrol vehicles, meanwhile, have dashboard cameras, denying officers and the public a proven method of documenting whether or not the use of force is appropriate. Jeff Monk, manager of HPD’s open records unit, said he was not aware of any HPD shooting from 2008 to 2012 that was captured on a dashboard camera.
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Republican Congressman Sentenced under DC Code 904.01(e)
A big story in the news today was last night’s arrest of Republican Congressman from Florida Trey Radel for possession of cocaine in DC. Congressman Radel is a freshman tea party congressman who represents the 19th congressional district which covers Naples, Fort Meyer, and Cape Coral. He was arrested after he purchased about 3.5 grams […]
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Howe on the Eighth Amendment and Undeserved Punishment
Scott Howe (Chapman University - School of Law) has posted The Eighth Amendment as a Warrant Against Undeserved Punishment (William & Mary Bill of Rights, Vol. 22, p. 91, 2013) on SSRN. Here is the abstract: Should the Eighth Amendment...
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Penal Law, § 690... cont
The court finds that with respect to the crimes charged in this case, to wit sodomy and impairing morals of a minor, the legislature has determined that these complainants A and B are victims and not accomplices. Effective 11...
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The Death Penalty in the United States
The death penalty has long been a controversial issue in the United States; a recent poll shows that while a majority of citizens still support the death penalty, not as many people are in favor of it now as they have been in times past. The national average in support of the death penalty is […]
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WE'LL NEVER CALL A POST NEWS AND NOTES
Congrats to REGJB regular Michael Grieco for his election to the Miami Beach City Council (motto" "send us your tall, your thin, your heroin chic Russian models....").Thanksgiving is next week, and that heralds the start of the holiday season and the end of three solid months of trial work (September-November). Anyone going to trial over the holidays? E-FILING: Good news is ahead. The people responsible for the Gov dot health website have also been hired to get Dade's e-filing up and running.....What Rumpole is reading: Double Down: Game Change 2012. Everything you wanted to know about the 2012 Election, from Mitt, to Newt, to Ryan and Obama, and a feisty governor in New Jersey who we may not have heard the last of. MEOW: Gotta love the fact that Sal Esposito couldn't get out of jury duty in Boston. Sal is a cat. But despite his person informing the court of his feline status, the court denied a request for Sal to be excused. The story is here. They'll just need a litter box in the jury box....We're working on a big brief type project, so forgive the paucity of the post. See You In Starbucks, which keeps us going through these long nights at work. Site Feed
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Armed Robbery Not Guilty (Maywood, Chicago): You never know how a victim will testify at trial.
My 22 year old client, with no criminal background, was charged with Armed Robbery and Aggravated Battery. This case carried a mandatory 21 year sentence if convicted because there was an allegation that a firearm was used during the offense. My client was charged along with another co-defendant after they allegedly robbed a pizza delivery […]
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Dissents from cert denial in criminal law/procedure cases this week
Justice Sotomayor, joined in part by Justice Breyer, dissented from the denial of cert in Woodward v. Alabama, involving Alabama practice permitting judges to impose the death penalty notwithstanding a contrary recommenation by the jury. Justice Alito, joined by Justice...
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Virginia Man Faces Abduction and DUI Charges After Allegedly Abducting Boy at Flea Market
DUI and felony criminal charges sometimes go hand-in-hand. When a person is intoxicated, he or she may be susceptible to doing things he or she would never do otherwise and may sober-up to an array of criminal charges. Things become even more complicated when a person has a criminal history. Investigators may question a suspect’s […]
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Ponzi Schemer's Wife Gets 18-Month Sentence For Hiding Jewelry
"She is not the poster child for a greedy Ponzi wife — how hurtful, how inaccurate."
- Kim Rothstein's defense attorney
A Florida woman whose husband, Scott Rothstein, is currently serving a 50-year prison sentence for masterminding one of the largest Ponzi schemes in history, was sentenced to serve an 18-month prison term for hiding various jewelry from authorities - including a 12.08 carat diamond ring. Kim Rothstein, 39, received the sentence from U.S. District Judge Robin Rosenbaum last week after previously pleading guilty to a federal conspiracy charge. Immediately following the sentencing, Mrs. Rothstein was permitted to surrender at the federal detention center in Miami - provided she made the 30-minute trip from the Ft. Lauderdale courthouse without making any stops.
After authorities arrested her husband in October 2009, Mrs. Rothstein was present at the couple's home when federal authorities arrived to inventory and secure the couple's extensive collection of jewelry and luxury items. While Kim Rothstein assisted authorities in gathering the jewelry, it was later discovered that she had concealed several pieces of jewelry from authorities in what was later described as an "insurance policy" to help her with expenses. This jewelry included (i) a 12.08 carat diamond ring, (ii) an engagement ring and wedding band with 18 emerald cut diamonds, (iii) 10 watches, including a Rolex with leopard design, a woman's Piaget and a platinum/diamond Pierre Kunz, (iv) pearl, diamond, and sapphire cufflinks, and (v) 50 1-ounce gold bars.
Along with Kim Rothstein, authorities also charged her former lawyer, Scott Saidel, her friend Stacie Weisman, and several jewelers that participated in the sale of the jewelry. Rothstein, Weisman, and Saidel chose to plead guilty and cooperate with authorities, while the two jewelers have indicated they plan to contest the charges. Weisman recently received a three-month prison sentence, while Saidel received a three-year term that also included his agreement to turn over (1) $65,000 in legal fees paid by Kim Rothstein; (2) four expensive pens; and (3) a pair of mother of pearl, diamond, and sapphire cuff links.
While Kim Rothstein appeared to stand by her husband after his arrest and incarceration, that changed just before her sentencing when she took a variety of steps to distance herself from Scott Rothstein. This included a filing for divorce in which she levied allegations of physical and emotional abuse, as well as revealing for the first time that it was Scott Rothstein who had originally conceived the idea of hiding some jewelry from authorities to act as insurance for the "avalanche of litigation" that would soon ensue - an account that was seemingly confirmed by prosecutors. According to Kim Rothstein, she and her husband communicated in coded letters while he was incarcerated in an effort to coordinate the sale of the jewelry.
As part of Kim Rothstein's agreement with prosecutors, she also agreed to pay $515,000 and hand over dozens of valuable items, including the diamond ring, wedding and engagement rings and other jewelry, and numerous gold coins and gold bars.
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Battery and Assault — Kenner Municipal Offenses
Kenner Criminal Defense Attorney Elizabeth B. Carpenter — Misdemeanor and Municipal Crimes Defense Battery and Assault Offenses Defintion of Each Offense Sec. 7-70. What is Battery under Kenner Muni Code? Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison […]The post Battery and Assault — Kenner Municipal Offenses appeared first on New Orleans Criminal Defense Attorney Blog.
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Chevalier & Marie on Economic Uncertainty, Parental Selection, and Crime
Arnaud Chevalier and Olivier E. Marie (University of London - Royal Holloway College and Maastricht University) have posted Economic Uncertainty, Parental Selection, and the Criminal Activity of the 'Children of the Wall' on SSRN. Here is the abstract: We study...
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Burbank DUI Sports News: Cautionary Tale of Seahawks Erstwhile Backup QB, Josh Portis
Driving under the influence in Burbank (or anywhere else) can have immediate, awful consequences, even if you ultimately clear your name and your record.
For instance, you could lose your job, get dumped, get kicked out of school, or struggle with business or personal issues because of the DUI.
Case in point, consider the sad situation of the Seattle Seahawks' (former) quarterback, Josh Portis, who was arrested in early May in Washington State, after police saw him driving 80 miles per hour in a 60 mile per hour zone. The backup QB -- who's known for his deep arm and tireless athleticism -- did not exactly pass his field sobriety tests with blazing colors. He also struggled on the breath test. He blew a 0.078% and a 0.092% in two tries. That’s right below and right above the legal limit for Burbank DUI, as defined by California Vehicle Code Section 23152.
As regular readers of our Burbank DUI blog can tell you, the discrepancy between the two readings could actually be pretty important.
Especially when you are dealing with a liminal case (right around the legal limit), small errors can have a big effect. For instance, if Portis blew “harder than normal” into the machine, he might have registered a 0.092% BAC, even if, technically speaking, his BAC was below the 0.08% cutoff point.
Or his results could have been thrown off if he's on a ketogenic diet, or if he had been swishing mouthwash. Chemicals on the breath can push a liminal BAC reading over the limit.
In any event, even if Portis manages to defend against the DUI misdemeanor charges, he's out of a job. Portis scrambled to get resigned with the Seahawks in April, after he got released last November from the practice squad. But once news of the DUI hit, the Seahawks released him.
Sports watchers say that the club was at least partially motivated to “teach a lesson” to other players. The Several Seahawks have gotten in trouble recently for violating the NFL’s substance abuse policy. Marshawn Lynch, for instance, also has a DUI case pending.
The Seahawks released Portis before the verdict even came in. That’s telling.
Fortunately, you may still have time to save your job, protect your relationships, avoid a license suspension and minimize/avoid jail time. But the clock is ticking. Your options may be dwindling by the hour.
The good news is that a Burbank DUI criminal defense attorney at the Kraut Law Group is standing by to talk to you about what happened and give you a sound, confidential, free consultation. The Harvard Law School educated Michael Kraut is a widely respected ex-prosecutor who has a deep sense of compassion and an encyclopedic knowledge of the practical aspects of Burbank DUI defense.
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