BuzzFeed, a social media “gadfly” page, reports that the DEA created a fake Facebook account, filled the page with statements that evoked a response, and made criminal cases. Using personal photographs and information (drawn from the personal information of a woman arrested on Cocaine charges) the DEA tricked her “associates” to reveal incriminating information. Here is what the DEA did…. using the name “Sondra Arquiett” the DEA created a Facebook account. Source: Facebook The DEA extracted personal photographs and personal information from the cellphone belonging to a New York resident who was arrested in a cocaine case. Using this false Facebook page, some people who knew Sondra Arquiett engaged in Facebook conversations revealing incriminating evidence and making incriminating statements. Photos of her BMW automobile and a narrative of how she was lonesome for her boyfriend were posted. DEA, in a creative binge posted photographs of…
The Drug Enforcement Agency (DEA) Used Facebook to Entrap
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The many problems with eyewitness testimony
It used to be the case that a criminal conviction could be won or lost based on the availability of an eyewitness to the crime. Unless the person was caught lying in their testimony, it seemed, an eyewitness was the “gold standard” of evidence. Thankfully, the criminal justice system is beginning to accept that human powers of observation and memory are very fallible. As such, eyewitness testimony is not always given the weight and credibility that it once had. Criminal defense advocates have long argued that mistaken eyewitness testimony is a major factor in wrongful convictions, and data gathered within the past few years confirms that. So what’s wrong with human memory and powers of observation? Most of us think of our memories like a video recording. What we see and hear gets implanted in our brain to be recalled later. The problem is that save for a very few people on earth, humans cannot record and recall memories with complete accuracy. We tend to…
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How SpaghettiOs Can Get You Arrested
Modern technology has blessed us with the ability to question law enforcement in more ways than ever before. We no longer need to "take their word for it". For example, video cameras are on every cell phone. Videos of cops abusing citizens now have their own channels on YouTube. Video may be the great equalizer, but another technological advancement that has contributed to our freedom is laboratory analysis. Yes, folks who have spent most of their adult lives in prison for rapes they did not commit, have been freed by the analysis of physical evidence years later (DNA, for example. I've written some articles about these tear jerking Shawshank stories, which you can find here). But, what happens when the police do not utilize technology? What happens when the dash cam on the police car "isn't working", or "wasn't turned on"? Unfortunately, what happens is that the police rely on their "training and experience". …
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Get Rid of That DWI B-Card License Restriction!
"ANY USE OF ALCOHOL OR DRUGS INVALIDATES LICENSE" It’s embarrassing, it can be awkward . . . and it is also avoidable. I’m talking about the shame that is felt by anyone who displays their Minnesota driver’s license and has no choice but to cringe at that awful language, prominently displayed on their card. Well, there used to be no choice. Once the legislature put that language on your license, it was there to stay. However, thanks to a 2011 change in the law, drivers can now have that embarrassing restriction removed from their license, as long as they meet certain requirements. Drivers must have: 1) Abstained from alcohol for the previous ten years; 2) Have had no use or possession of controlled substance without a prescription within the past ten years; and 3) Have had no DWI related incidents within the past ten years. The Department of Public Safety…
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Saturday Morning Open Thread
Staying up all night is for the young. I finished my project at 6 am and am just now getting to sleep (5am.) I'lll be back this afternoon. In the meantime, since our last thread is full, here's a new open thread, all topics welcome. I hope I... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Criminalizing Creepy
It turns out that there is a narrow slice of the world where creepy people can engage in kinda twisted stuff without committing a crime. The place happens to be on the steps of the Lincoln Memorial. From the Washington Post: “There is no evidence Mr. [Christopher Hunt] Cleveland positioned his camera in any way or employed photographic techniques or illumination, so as to capture images that were not already on public display,” [D.C. Superior Court Judge Juliet J.] McKenna wrote in her ruling. This appears to be technically true. The move was opposed by U.S. Attorney Akhi Johnson, who wrote in a filing that “it would be difficult to dispute that women generally have a subjective expectation of privacy against photographs of their private areas while wearing clothing to cover the private area.” This is, indeed, beyond dispute. It’s also just part of the question, as the inclusion of the word “subjective”…
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Of architecture and incarceration culture in Dallas
Dallas Morning News architecture critic Mark Lamster offered up a terrific essay last week (Oct. 3) lambasting "the complex of jails that are the unholy gateway to our city." He referred to the now-vacant Dawson State Jail as a "grim block that looks like some kind of dystopian Lego project." And he rightly lamented "the rambling and almost defiantly ugly Lew Sterrett Justice Center, a dispiriting agglomeration of mud-brown structures that seems designed to dehumanize all who would approach." Really good stuff. Find the essay's opening paragraphs below the jump: In Texas, land of law and order, the concept of justice is inscribed into the very fabric of the city, acting as the foundation of its organization and design. This is, if not entirely unique, certainly unusual.Ancient Greeks focused on the agora, the Italians on the piazza. Across New England, the psychic center of life is the town green, which typically fronts a church. But…
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PRACDL & FPD Training for the Federal Criminal Practitioner
PRACDL and the Federal Public Defender's Office for the District of Puerto Rico will be holding a training session on October 28, 2014, from 1:00 to 4:00 pm (registration starts at 12:30 pm) at United States District Court, Courtroom 3. The program will consist of two parts: 1. Pretrial Motions: How to Get the Discovery You Need/Deserve! Are you frustrated when you consider the discovery you’re getting, or not getting, from the government? Learn creative and helpful tips for getting the discovery you deserve pursuant to Rule 16 & 17 and how to meet reciprocal discovery requirements while protecting your case. Included will be a helpful discussion on how to craft your pretrial motions in a manner which helps ensure you get the discovery you need! (Speaker –Jay McEntire, AFD – Eastern District of Washington) 2. Handling Pleas, Sentencing Strategies, and Mitigation Presentations 98% of our clients will be sentenced, so revisit the…
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Alabama Inmate Arrested for DUI
Any DUI offender faces the potential of criminal charges, and penalties including fines, jail time, and a criminal record. The stakes are even higher for an inmate who busts out of jail on a joyride and then gets caught driving under the influence. After four years on probation, a violation landed an Alabama offender back in the Madison County Detention Facility. While serving out his 90-day-sentence, the offender was given a low security classification, allowing him to work as a class four inmate. This gave the inmate ample opportunities to leave the premises. According to reports, the inmate was working unsupervised in a fleet shop, remaining available during the evening hours to provide a vehicle to a deputy or fix a broken vehicle. The inmate was also responsible for some maintenance of on-site vehicles, including fixing a tire or performing repairs. County Sheriff’s Office authorities reported that there are over 1,000 inmates in the county who are in the trustee…
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Alabama Crimestoppers Hits $100,000 in Payouts
Law enforcement agencies will pursue every available avenue when looking to build a case. Whether tracking suspects, reviewing surveillance evidence, or reaching out to potential informants, collecting evidence is critical to getting a conviction. According to WFSA local reports, Alabama Crimestoppers has awarded more than $100,000 to informants who have helped law enforcement solve crimes throughout the state. While the prosecution benefits from disposable funds, many defendants do not have the same luxury when building their defense. The Central Alabama Crimestoppers organization works closely with law enforcement departments throughout the state. According to a representative, the agency just recently used its resources to distribute information to news media, field phone calls, and interview informants to apprehend individuals suspected of a burglary. The agency is responsible for collecting any information relevant to stopping a crime or catching individuals who have…
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Do you have a Rhode Island Felony Criminal Record that is making it difficult to find work?
Finding a job in these tough economic times in Rhode Island can be difficult enough. In speaking with my clients, securing employment with a felony criminal record is nearly impossible. Unfortunately, many people wait years or even decades before exploring the possibility of expunging and removing that stain from their criminal record. This delay can cause them to stay in low level jobs and not expand their careers, or it can prevent them from finding quality employment altogether.Fortunately Rhode Island, unlike many other States, allows those convicted of most (but not all) felonies to have those records expunged and removed from your official Rhode Island criminal record (under certain circumstances). If you are not sure if you are eligible, or you would like a professional opinion regarding your eligibility, contact Attorney Matthew Marin at 401-228-8271 for a no obligation Rhode Island Expungement consultation. You may also complete the contact form on our website:…
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New Jersey Gun Laws Part I: A Brief Constitutional Backdrop
If you live in New Jersey, and participate in target sports, or hunt, or have acquired a firearm for self protection, you may have familiarized yourself with the laws governing ownership of guns in the Garden State. You may also be feeling like your Second Amendment rights are being infringed. Well, you’re right. You see I’m not just a New Jersey gun attorney, I’m also a gun owner, and I am committed to protecting you from criminal prosecution of New Jersey’s Unconstitutional gun laws. A culture has proliferated in New Jersey, that says guns are bad. It’s gotten so bad even, that unbelievably the editorial board of the Star Ledger recently published an article which actually called for gun confiscation, from law abiding citizens, as was done in Australia. I guess they aren’t fans of the Second Amendment, or people’s rights. Authored largely by James Madison, The Bill of Rights consists…
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Sleeping in a Parked Car in Pennsylvania Can Still Lead to a DUI Arrest
The news occasionally reports on people getting arrested for suspected DUI after police find them asleep in their parked vehicle. This raises the question of how one could be suspected of driving under the influence if the car is parked and you are not actually driving it. Pennsylvania’s DUI statute applies to more than just actual driving. A person may be found guilty of DUI if he or she is “in actual physical control of the movement of a vehicle” while under the influence of alcohol or drugs. The definition of “actual physical control” is not very precise, though, and Pennsylvania courts have reached different conclusions under varying circumstances, often depending on the location of the vehicle. One story reported in Pennsylvania about a year ago involved the arrest of a man found asleep in a parked car in Lowhill Township. He had reportedly been delivering newspapers early on a Sunday morning, when he stopped the car and fell…
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Injury crash US95 MP330, Genesee, ID District 2
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L14000992 --------------------- PRESS RELEASE ----------------------------- DATE: October 11, 2014 TIME: 00:52 am LOCATION: NB US95 MP330, Genesee, ID VEHICLE #1 ------------- DRIVER Logan A. Petersen AGE 20 ADDRESS Grangeville, ID INJURIES YES HOSPITAL Kootenai Health VEHICLE YEAR 1999 VEHICLE MAKE HONDA VEHICLE MODEL CRV WRECKER Brandt Brothers SEATBELTS - Unknown INCIDENT NARRATIVE: Petersen was northbound on US95 when he lost control of his…
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Section 1297 of the Penal Law
Records reflect that the accused, a lawyer 30 years of age, was indicated on four counts of Grand Larceny, Second Degree, by reason of obtaining money by false pretenses in connection with certain settlements of lawsuits. He pleaded guilty to the one criminal count involved herein. He now applies for a certificate of reasonable doubt pending his appeal to the Appellate Division of the Supreme Court from a judgment of conviction of the crime of Grand Larceny, Second Degree, more specifically from the sentence imposed, that he 'be imprisoned in Sing Sing Prison under an indeterminate sentence, the maximum of such imprisonment to be two years and the minimum one year'. The first question to be disposed of is whether the Appellate Division of the Supreme Court has the power to change, lower, or suspend the criminal sentence in this case. However, at the very outset it is clear, without unnecessary argumentation, that the Appellate Division does have the power to…
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NY Doubles Down on "El Chapo" Guzman
Some things I missed while focusing on ISIS the past few weeks: DOJ filed a huge Superseding Indictment against El Chapo (Joaquin Guzman Loera) and Ismael Zambada Garcia in a 2009 case in the Eastern District of New York. You can read it here. The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Wednesday Jennings v. Stephens: Whether the Fifth Circuit erred in holding that a federal habeas petitioner who prevailed in the district court on an ineffective assistance of counsel claim must...
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§ 1202 of the Penal Law
The defendant allegedly made a series of false and fraudulent representations to a Medical Service to the effect that he had rendered certain medical services to a number of patients on various dates. These several representations resulted in the delivery of nine checks, each one amounting to less than $100., but totaling in all $612. The indictment, comprising 19 counts, charges defendant with the crime of Grand larceny in the First Degree in the amount of $612. and in the subsequent 18 counts each check is the subject of a Petit larceny count as well as a violation of § 1202 of the Penal Law, i. e. presenting false proofs of loss in support of a claim upon a policy of insurance. A Nassau County Criminal Attorney said that Defendant demurs to the sufficiency of the indictment, insisting that the first count of Grand larceny in the First Degree alleges a number of separate larcenies rather than a series of takings or acts of theft constituting a single larceny. These…
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Woods on Decriminalization, Police Authority, and Routine Traffic Stops
Jordan Blair Woods (University of Cambridge) has posted Decriminalization, Police Authority, and Routine Traffic Stops (UCLA Law Review, Vol. 62, No. 3, 2015, Forthcoming) on SSRN. Here is the abstract: Although there is no universal definition of "decriminalization," discussions about...
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What Are The Penalties For Physicians Convicted Of Health Care Fraud In New York?
When a medical practice is placed under the microscope by insurance auditors, the Office of Professional Medical Conduct, or Medicaid or Medicare investigators, it’s all to common for minor mistakes to be blown up into allegations of serious misconduct. Physicians charged with health care fraud face a variety of potential penalties, including the risk of federal prosecution for billing irregularities with Medicare and other problems. Extreme cases can include significant jail time for a practitioner convicted of extensive fraud; more commonly, the penalties are monetary and involve professional sanction or license termination. Physicians who are under investigation for fraud or who have been charged should call us for a consultation right away. Our team of NYC criminal defense attorneys are experienced in health care law, federal procedure, and New York health care fraud cases. Call (212) 577-6677 today.
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