The U.S. Constitution provides Americans with many rights, including the right to be represented by a lawyer in most criminal proceedings. But you are probably more curious about whether the Constitution affords you the right to have a lawyer appointed to you, meaning that you don’t have to pay for the lawyer’s services. In 1963, the U.S. Supreme Court held that criminal defendants who cannot afford to hire their own lawyer and face the possibility of incarceration have the right to free legal representation. What that means is that you must prove to the court that you cannot afford a lawyer, and then a public defender will likely be appointed to your case if you face significant time in jail or prison. However, even if you do qualify for a public defender, you might still want to choose to hire a private criminal defense lawyer. Here’s why: Though most public defenders are good at what they do, they are so swamped by cases that your case will not get the…
Do I have the right to a lawyer?
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Three Ohio Innocence Project Clients Released Pending New Trial
According to a story published on Wednesday by City Beat, Ohio Innocence Project clients Eugene Johnson, Laurese Glover and Derrick Wheatt were released from prison late last month after serving nearly 20 years for a murder which new evidence shows they did not commit. Johnson, Glover and Wheatt were convicted in 1996 of the shooting death of 19-year-old Clifton Hudson Jr. in East Cleveland. The case hinged on the testimony of Tamika Harris, who was 14 years old at the time of the trial. Harris testified that she saw a man jump out of a truck, shoot the victim, and jump back into the truck. She admitted she could not see his face, but during the trial she positively identified Johnson as the shooter. Wheatt and Johnson were sentenced to 18 years to life in prison; Glover was sentenced to 15 years to life. In 2004, Harris came forward to recant her testimony. Two years later, the Ohio Innocence Project took on the case. In 2013 they obtained police reports containing…
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Businessman Sent to Prison for $44M Loan Fraud Conspiracy
Mortgage Fraud Blog. Pedro “Pete” Benevides, 45, Astatula, Florida, was sentenced by Senior United States District Judge Gregory J. Presnell to nine years in federal prison for his role in obtaining 20 fraudulent commercial and residential loans and lines of credit from several federally insured financial institutions totaling approximately $44,059,565. In addition, Benevides was ordered to forfeit $44,059,565.00, including several bank accounts containing approximately $40 million in cash and two exotic sports cars: a 2008 Lamborghini Murcielago and a 2009 Audi R8. He will also be ordered to pay full restitution to the financial institutions that were the victims of his offense. The amount will be determined at a later hearing. Benevides pleaded guilty on July 14, 2014. According to court documents, from about 2005 through September 2008, Benevides obtained 20 commercial and residential loans and lines of credit from several federally insured…
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Domestic Assault Results in Criminal Charges for Bay City Man
On Monday, April 13, Bay City police received a call from a woman claiming domestic assault. The woman was calling from a 7-Eleven store when police arrived at approximately 1:30 in the morning. The 19-year-old woman told police that she was attacked at a South End home by her boyfriend, 25-year-old Jeremiah J. Leffew. According to a news article at Mlive.com, Leffew intimidated the victim with a pair of scissors and a frying pan; he now faces several criminal charges, including domestic violence, assault by strangulation, assault with a dangerous weapon, and interfering with an electronics communication device. The alleged victim told police that an argument began after Leffew dumped a container of trash on the floor of the home. Leffew disputes the allegations, saying that the fracas began after his girlfriend struck him with an empty liquor bottle. Leffew claims that the victim is “crazy,” and that he did grab her wrists at one point during the argument to keep…
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Innocence Project Lauds Colorado’s Enactment of Eyewitness ID Reform
Gov. Hickenlooper signs bill that will ensure police departments use scientifically supported eyewitness ID practices Contact: Nick Moroni, nmoroni@innocenceproject.orgAmshula Jayaram, ajayaram@innocenceproject.org (Denver, Colo – April 17, 2015) – Gov. John Hickenlooper yesterday signed into law bipartisan legislation (SB 15-058) that will require all Colorado law enforcement agencies to implement eyewitness identification policies that have been scientifically proven to reduce the chances of misidentification. Eyewitness misidentification is the leading contributor to wrongful conviction, nationally, playing a role in 72 percent of such cases overturned by DNA evidence. SB 15-058 would mandate eyewitness ID policies that are recommended by the National Academy of Sciences (NAS), the International Association of Chiefs of Police, the Colorado Best Practices Committee and a diverse array of other law enforcement, prosecutorial and…
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Real Estate Agent Pleads Guilty to Investment Scheme
Mortgage Fraud Blog. Brenda Ashcraft, 45, Milford, Ohio, pleaded guilty in U.S. District Court to defrauding investors of at least $15 million between 2009 and 2013 in a fraudulent investment scheme to purchase and sell real estate through real estate investment trusts (REITs). According to court documents, Aschraft owned and operated French Manor Properties, which she told investors was acting as the REIT Trustee that would “secure residential and commercial real estate at wholesale pricing.” Investors believed that their investments were secured by real estate and Ashcraft promised them 40% annual returns on their investments. These representations were false. Instead, Ashcraft used new investor money to pay earlier investors and diverted investor funds to her own personal use and benefit, including a $50,000 investor payment that she used to pay for Cincinnati Reds season tickets. Ashcraft would at times send investors checks for returns on their investments but…
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Internet Crimes in Chicago
People use the internet to conduct business, stay in touch, playing games, and much more. Unfortunately, some individuals use the internet for crime and the laws of Illinois1 address unlawful acts that are related to the internet and/or computers in the Computer Crime Prevention Law. The law sets out serious criminal penalties for people who are convicted of internet or computer crimes. It is also common, however, for people to be wrongfully accused of committing internet crimes. People with no criminal intentions often find themselves on certain websites or involved in other communications that may be illegal and they may find themselves facing criminal charges when they never meant to do anything wrong. In such cases, a person should always have the highest quality of criminal defense attorney on their side in order to avoid wrongful conviction. Types of internet crimes There are many different acts on the internet that can lead to criminal charges and these include the…
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2 Charged with Conspiracy to Defraud Lenders
Mortgage Fraud Blog. Jeffery Allen Gardner, 61, Hopkins, Minnesota, and Stuart Alan Voigt, 66, Apple Valley, Minnesota, have been indicted and charged with conspiring to defraud individuals and financial institutions, bank fraud and making a false statement in a loan application. In an indictment unsealed on July 24, 2014, Gardner was charged with conspiracy to commit mail and wire fraud and other charges. In a superseding indictment filed, Voigt is also charged with conspiracy to commit mail fraud and other charges, and both defendants are additionally charged with bank fraud and making a false statement in a loan application. According to the indictment and documents filed in court, between 2005 and 2007, Gardner and Voigt solicited and raised funds from private investors in connection with Gardner’s business entity, Hennessey Financial, LLC. Investors were told that their investment would be used for commercial real estate financing and related projects, and were…
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Officers Can Stop You If They Misunderstand the Law
It’s called “Mistake of Law”. The officer can pull you over for thinking you broke the law when in reality, you did nothing wrong. Contact me today so we can see what defenses you have for your case. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Officers Can Stop You If They Misunderstand the Law appeared first on Andrew Flusche.
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**** UPDATE ***** District 1 *Fatal* Crash I90@5,Post Falls
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 One CASE # C15000801 --------------------- PRESS RELEASE ----------------------------- DATE: 4/16/2015 TIME: 4:45 P.M. LOCATION: Eastbound I90 near milepost 5, Spokane Street, Post Falls,ID ASSISTING AGENCIES: Post Falls Police Department VEHICLE #1 ------------- DRIVER Tachell,Ryan J AGE 18 Years ADDRESS Elk,WA INJURIES- FATAL HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 2007 VEHICLE MAKE Yamaha VEHICLE MODEL Motorcycle WRECKER Auto Trackers & Recovery …
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Victim's Family Asks Govt to Let Tsarnaev Have Life Sentence
The family of Martin Richards, the youngest victim killed in the Boston Marathon bombings, has written a public request asking the Government to withdraw its request for the death penalty. "We understand all too well the heinousness and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Jury Picked for James Holmes in Aurora Theatre Shooting Case
After 3 months and 9,000 candidates, the jury has been picked for James Holmes in the Aurora Shooting case. Interestingly, there are two members who have direct ties to the Columbine shootings in 1999. Juror No. 737, fled the building safely,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Success Stories from the AP-8 Initiative at BCS
Over the past several months, I have been working to implement the Women’s Independence, Safety and Empowerment curriculum, (originally developed at the Midtown Community Court) here in the Bronx. The groups cover themes of stereotypes and stigma attached to having a prostitution arrest, safety and harm reduction, psycho-education on trauma and trauma reactions, as well as feeling identification and coping skills. Because the AP-8 population is comprised of women and trans women who may be lacking stability (for example, clients may not have consistent housing from week to week, and are often experiencing ongoing trauma and violence), adhering to a strict schedule can be understandably challenging. In order to help address this challenge, the AP-8 group schedule was changed to be more accommodating to the needs of our clients. This proved to be highly successful and we were able to have five group members complete all four groups! We (Kayla Johnson, social work…
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Friday Open Thread
I'm still busy with work stuff. Here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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'Virtuous pedophiles' work not to be real-life monsters
4-17-15 Florida: JACKSONVILLE, Fla. — 'Sex offender.' The words are charged with meaning – and for some, automatically evoke the very worst child sex crimes, like the rape and murder of Summer Thompson or Cherish Periwinkle. In reality, a relatively small percentage of sex offenders are actually "pedophiles," a clinical term which denotes a specific attraction to prepubescent children. And
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Funeral Service for Louis Barnett to be Held April 21
Louis Barnett died on April 13, 2015 of a pulmonary aneurysm. My understanding is that Barnett and his wife were in the midst of a home renovation when his wife found him at the bottom of the basement stairs. A funeral service will be held in Tuesday, April 21, 2015, at the First Baptist Church of Highland Park, 6801 Sheriff Road, Landover MD 20785. The viewing is from 9:00 am to 11:00 am, with the service to be held at 11:00 am. Barnett’s family has asked that any flowers should be sent to J.B. Jenkins Funeral Home at 7474 Landover Road, Hyattsville, MD, 20785, Tel # 301-322-2300.
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Criminal Defense Lawyer Association Backs Bill to Create Process to Expunge Criminal History
If you've been convicted of a crime, it often feels like the fines and the trial and the sentencing and the jail time and the probation processes goes on and on and on. But the impact of the arrest, even if it was for something relatively minor, or that you may have committed after a bad decision that you regret, like operating a car under the influence (OUI), does not end there. Your criminal history is public information, and the tarnish on your reputation can have huge repercussions for years after your arrest and conviction. Background checks will reveal your criminal history, and this can impact you in countless important ways. Checking “yes” on a job application when it asks, “Have you ever been convicted of a crime?” can seriously hurt your chances of being hired. This can feel unjustified when your conviction was years ago, and you have not committed a crime since then. You've learned your lesson. You're trying to move on. But the…
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ISIS Claims Credit for Attack at U.S. Consulate in Erbil
On Twitter, ISIS is claiming credit for the car bomb attack today outside the U.S. embassy in Erbil. They say it was done by fighters in their Kirkuk division. According to McClatchy: A Kurdish security official told McClatchy that three... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Getting a lower sentence in a federal criminal case by using proposed amendments to the Federal Sentencing Guidelines
Readers know that we handle lots of federal criminal cases, in Georgia, Florida, Alabama, and throughout the country. I just finished a sentencing this afternoon in which we got a lower sentence by pointing the Judge to some proposed changes to the Federal Sentencing Guidelines. Along with some other factors, these proposed changes led the Judge to decide that the Guidelines were too high, and he reduced my client’s sentence. I always set my sights pretty high, and had hoped that the Judge would reduce my client’s sentence even more than he did, but the fact that we got a lower sentence at all shows how there are many ways to get the Court to impose something below what the Guidelines recommend. Most people reading this blog know that there are two types of rules that govern a sentence that is imposed for a federal crime. First, Congress passes statutes, which many people call the “laws.” The “statute” generally…
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Denno on An Empirical Study of Neuroscience Evidence
Deborah W. Denno (Fordham University School of Law) has posted The Myth of the Double-Edged Sword: An Empirical Study of Neuroscience Evidence in Criminal Cases (Boston College Law Review, Vol. 56, Pages 493-551 (2015)) on SSRN. Here is the abstract:...
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