The defendant, who had taught in the community for 32 years, was apprehended as a result of Operation Predator, a federal internet sting operation overseen by federal Homeland Security investigators. He was arrested last March after federal agents found hundreds of thousands of images and videos of child pornography on laptops and digital storage media hidden in his basement. The man had also admitted to illegal sexual contact with a minor relative during the investigation.
Federal agencies like the FBI, the Department of Justice, the U.S. Postal Inspection Service and the Internet Crimes Against Children Task Force invest considerable resources into initiatives like Operation Predator to identify suspects in child porn investigations. When they target a suspect for criminal charges, those efforts are matched by the resources of federal prosecutors.
Anyone who faces suspicions of child pornography possession or distribution must act swiftly to protect their constitutional rights. The most important role of a criminal defense attorney in such cases is to provide immediate advice to a client about protections against illegal search and seizure and the right to remain silent.
A criminal defense lawyer who understands the nature of sex crimes cases can act swiftly to protect a client's reputation. Any opportunity to minimize charges in the first place - or cast doubt on the admissibility of evidence - can mean a step toward a better legal outcome. When the trial court produces an unjust result, even defendants who have entered guilty pleas may have a strong reason and sound legal basis for appealing the conviction or sentence.
]]>The latest full-year statistics from the Michigan Incident Crime Reporting (MICR) Section of the Michigan State Police reveal that more than 101,000 domestic violence offenses were reported by Michigan law enforcement in 2010. In more than 50 percent of those cases, the alleged victim and offender were married or had a romantic relationship. Over 70 percent of the victims were female, but more than 28,000 male victims of domestic assault (and nearly 26,000 female offenders) were reported in 2010.
While the gender data clearly shows that both women and men are frequently charged with domestic violence in Michigan, it also suggests an important underlying issue: Many domestic dispute police calls are the result of escalating arguments and violence between two people, only one of whom is ultimately charged with a crime.
Under Michigan law, domestic violence is defined as several types of acts that cannot be considered self‐defense, including:
Domestic violence charges are based solely on the relationship between the victim and the offender, but can be accompanied by charges of assault and battery or attempted homicide. However, according to the MICR, in the vast majority of domestic violence investigations where injuries were assessed, the victim suffered either no injury or only an apparent minor injury.
People who have been charged with domestic violence and related violent crimes should understand the importance of protecting their legal rights and criminal record. A Michigan criminal defense attorney can explain a likely course of action and strategies for pursuing a favorable legal outcome.
]]>If you are under federal investigation for a white collar crime you need an experienced federal criminal defense attorney on your side. Learn more about Mr. Freeman at www.formerfedlawyer.com.
]]>The Walgreen raid draws concern about the search of patient's records. As part of the search, the federal agents are examining the company's business records, to determine which customers pay cash for oxycodone prescriptions. The DEA says that a high percentage of customers who pay cash for oxycodone, instead of using insurance, can be a sign of the drugs being sold on the street.
Before the state crack down, Florida was the epicenter for pill mills-one-stop-shops for cash-paying customers to get a prescription written and filled in the same office. Although many pill mills have been closed since the crackdown, the DEA is focusing on cash paying customers in retail stores. This brings up concerns as the government conducts a fishing expedition into the stores and customers records.
Further, the government contends that the pharmacies have a duty to help police regulate and investigate the distribution of highly addictive drugs. The pharmacies are left in the dark on what their alleged duties are to the government, as the DEA has not outlined what exactly it wants these pharmacies to do and does not share information on how to better police the pharmacies.
If you are being investigated by the government, you need an experienced criminal defense attorney on your side to protect your rights during the investigation.
]]>A report by the American Civil Liberties Union and the Campaign for Justice reveals 13 stories of Michigan residents who were wrongfully convicted a fell victim to Michigan's failing public defense system. For example, Edward George Carter, was convicted of armed rape and robbery after a bench trial that that lasted no more than a few hours. His attorney, a recent law school graduate, did not have the time or the funds to investigate the charges against him. The attorney did not have the resources to ask for or analyze fingerprints found at the scene or interview Mr. Carter's alibi witnesses. Mr. Carter spent 35 years in prison before a fingerprint analysis revealed that he was not the perpetrator.
Mr. Carter's story represents thousands of defendants who have been wrongfully served by Michigan's public defense system. The system needs to be reformed to conform to the principles set out by the ABA and Sixth Amendment.
Some of these principles include a system: free of unnecessary political and judicial influence; funded by the state, not counties or municipalities; that provides defense attorneys with sufficient time to meet with their clients, ensure manageable workloads, and assign cases in such a manner that attorneys are not appointed to cases that they lack the ability or experience to handle; that ensures that a single attorney represents a client from arrest through disposition and sentencing.
Michigan is falling short on the Constitutional requirements and the ABA principle's to provide effective assistance of counsel to indigent defendants. Michigan must work to strengthen its public defense system to provide indigent defendants with legal services that meet basic Constitutional requirements.
]]>After 3 days of deliberations, a 12-person hung jury lead to a mistrial in a child abuse and sexual assault case. The jury foreperson wrote notes to the judge declaring that the jury was deadlocked. Other handwritten notes were given to the judge explaining the personality clashes between some of the jurors. One note read "we have 2 jurors with anger issues." Other notes claimed that two of the jurors were "impossible, argumentative and not open to a rational discussion." Apparently, the personality clashes, difference of opinions, and refusal to have rational discussions led to the mistrial.
It is typical for jurors to write notes to the judge and lawyers. However, the jury foreperson usually writes the notes and they involve reviewing evidence or questions about the law. Here, the situation was quite different. The jurors wrote notes that bypassed the foreperson and revealed that there were personality conflicts early in the process.
Although the jury could not reach a unanimous decision, the jury worked hard to come to a verdict, but ultimately knew it was not possible. This case shows that the criminal justice system is not as robotic and predictable as it may seem.
For more information on criminal legal matters, visit criminal defense attorney John Freeman online.
]]>In the wake of the Casey Anthony acquittal, citizens across the United States are asking "how?" As the nation watched the trial continue on, the public opinion seemed to point to an easy answer of "guilty." However, the 12 citizens that watched the Anthony trial the closest had a different opinion.
It has been difficult for many citizens to understand how the Anthony jury came to the not-guilty verdict. However, I can explain it in two words: reasonable doubt.
In any criminal case the prosecution has the burden of proving beyond a reasonable doubt that the defendant committed a crime. Reasonable doubt is the highest standard in the criminal justice system. It doesn't mean that the prosecution has to prove more likely than not the defendant committed the crime, or that there is a 51% chance the defendant committed the crime. Beyond a reasonable doubt is higher than that.
Many times reasonable doubt is compared to a puzzle- if at the end of the trial there is a puzzle piece missing, that is the reasonable doubt, and the defendant should be found not guilty. The Anthony jury found that there was something missing to the prosecution's case. The Anthony jury understood reasonable doubt and held the prosecution its burden. However, it is important to understand that reasonable doubt does not mean innocent. Although the Anthony jury did not find Anthony guilty, that doesn't mean that she wasn't guilty of something. The prosecution may have overcharged the case and not had enough evidence to support those charges. In any criminal case, the prosecution must choose wisely the charges that they believe the evidence will support.
If you are under investigation or charged with a violent crime or sex crime, you need an experienced criminal defense attorney to protect your rights. Visit Mr. Freeman online for more information.criminal defense attorney
]]>Increasingly, however, it is becoming a place that can get you into trouble. Not only do the police and federal agents routinely check out Facebook to see if someone accused of a crime has posted comments or even a confession about the events, but now law enforcement is openly saying that posting on Facebook could be a crime itself.
As reported today in the Oakland Press, Michigan law makes it a five year felony crime to "unlawfully post" on Facebook, MCL 750.411s. And the Oakland County Sheriff's Office (and other law enforcement agencies to be sure) investigates such allegations. According to a Sergeant with the Sheriff's Office, "'[As] far as 'unlawful posting,' you don't want to get in arguments with friends or family on Facebook and start posting negative stuff.... [It] can be considered a five-year felony.'"
So, be careful what you post on-line. Using the internet to make threats, harass, or scare someone may land you in legal hot water in need of a criminal defense attorney. Be careful out there.
]]>In the Free Press article, Mr. Freeman said, "the lack of a body creates significant hurdles, though, because the prosecution has to prove there was a death." The article continued, "Freeman said he would be concerned about the subjectivity of the cadaver dog results, which Worthy said will be part of the evidence presented in the case. If the circumstantial evidence is strong, a murder prosecution is not surprising."
The charges come to a surprise to Lane and his attorney. Lane told police that he was carjacked and the carjackers took his car with Bianca in the back seat. However, without the body, the prosecution may have a hard time proving Lane's guilt. Mr. Freeman commented, "Where you don't have a body, you've got to have all the pieces of the puzzle line up more so than in the average homicide."
If you are under investigation for a violent crime in Detroit, you need an experienced criminal defense attorney. Visit Mr. Freeman online for more information.
]]>In Michigan, the Michigan Medical Marihuana Act (MMMA) allows a certain class of individuals to use marihuana for medical purposes. However, the act only provides for a defense to state prosecution for the possession and use of marihuana under state law.
Federal law prevents an unlawful user of marihuana, or someone addicted to it, from acquiring a firearm. A person is considered an unlawful user if they have engaged in regular use over a period of time proximate to the possession of the firearm. Additionally, when purchasing a firearm, buyers must fill out a federal form and answer the question:
"Are you an unlawful user of, or addicted to, marihuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
The issue becomes complicated because both state and federal law govern the status of marihuana as an unlawful drug. Medical marihuana users may risk federal prosecution for making false statements on forms required by ATF for the purchase of a firearm.
Medical marihuana users currently possessing a firearm, or wishing to in the future, should consult with an experienced attorney to help them sort through the federal and state laws that govern both marihuana and firearms.
]]>Mr. Freeman says that the guilty plea probably came as a relief to prosecutors. "Anytime you put a case in front of a jury, there always are risks," Freeman said. "I've seen plenty of cases where you were expecting a certain result and the jury surprised everyone in the courtroom."
To read the entire article please visit the Free Press online.
]]>Recently, a federal court held that Facebook posts and information is admissible in court, and can be used against you. The case involved a plaintiff claiming damages from a car accident. The court allowed information from his Facebook page, such as status posts and pictures, to be used to prove that the plaintiff wasn't suffering from the damages he claimed. He claimed he could not walk, sit, stand or ride in a vehicle. The information from Facebook revealed the plaintiff was going on motor cycle trips and "riding a mule."
The Pennsylvania Federal District Court acknowledged that the discovery into social media sites "requires the application of basic discovery principles in a novel context" and that "the challenge is to define appropriately broad limits ... on the discovery ability of social communications." The Court held that the information from the plaintiff's Facebook was discoverable material.
Bottom line, be careful what you post on the internet. Whether its Facebook or Twitter, understand that there is a chance this information may be used against you. Remember the internet is an open, public forum, and you never know who is following your news feed.
]]>A recent drunk-driving case in West Bloomfield demonstrated the discretion that District court judges have in sentencing offenders. Defendant, and former NBA star, Jalen Rose was arrested in West Bloomfield for drunk driving. The district court judge sentenced him to 20 days in jail.
Just a few miles away in Pontiac, Michigan state statistics show Rose's chance of being sentenced to jail in a Pontiac court is almost 0.
For misdemeanors, including first-offense drunk driving there are no guidelines. This means judges have the discretion to sentence offenders as they choose within the statute. For example, an offender who's blood alcohol content was double that of another offender could possibly receive a lesser sentence. Unlike felony cases, offenders are not categorized or scored a guideline range based on their culpability, impact on the victim, or previous character.
Additionally, states like Alaska, Tennessee and Georgia require mandatory jail time for first time drunk driving offenders. While California, Connecticut and Indiana don't require jail for first time offenders. And in Wisconsin, first-offense drunk driving isn't even a crime. It's a civil infraction that results in a ticket, with no potential for any jail time.
While Michigan law allows a first-offense drunk driver to be sentenced to up to 93 days in jail, District court judges have discretion. So, depending on which city you are in, minor in possession consequences can range from jail time to community service. Similarly, other misdemeanors have statutory limits but judges are free to punish offenders within those limits. Therefore, consequences for offenses including retail fraud, assault and battery, assault and battery, larceny, destruction of property, minor in possession of alcohol and other state misdemeanor offenses may depend on where events occur.
Whether you were arrested in West Bloomfield, Pontiac, or miles away in Detroit, your sentence for the same offense may be different. You need an experienced criminal defense attorney to fight for your rights and freedom.
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