San Diego (California) – Defense Attorney Shannon Dorvall of the Imhoff & Associates Law Firm, one of the largest multi-jurisdictional criminal defense firms, escorted her client Luis Galicia into the arms of his loving family upon his release after successfully getting her client’s case dismissed by the First District Court of Appeals on November 23, 2011. Luis served four years after a trial court convicted him for sexual molestation of his sister Araceli Galicia. At the original trial, the state’s doctor testified that she believed that Araceli had been forcibly raped, despite the testimony of the doctor for the defense, who stated he disagreed with the state’s evidence. Even though Araceli recanted her testimony and said that the charges were not true, the trial jury convicted Luis Galicia, and the sentence handed down was two 15 to life sentences.
The family hired the Imhoff firm to file an appeal on Luis’ behalf. While awaiting the Judge’s response in the appeal case, the family took Araceli to two doctors who examined her and disagreed with the state’s doctor, both stating that Araceli’s hymen was intact and that she had never had sex. The Imhoff firm also filed a Writ of Habeas Corpus on Luis Galicia’s behalf with the First District Court of Appeals, who agreed to order a hearing, and the Imhoff firm was also successful in obtaining the cooperation of the San Diego District Attorney’s Office to review the new medical evidence. The District Attorney agreed to have the Children’s Hospital also review the trial photos and examine the girl, and they agreed also that she had never had sex. The District Attorney testified at the hearing that the trial evidence was nonsense. The Judge ordered the case dismissed and the release of Mr. Galicia.
The Imhoff firm believes that no family should have to endure the ordeal that the Galicia family has gone through. Unfortunately, innocent people can be accused of all sorts of crimes they have not committed. If a person is arrested or charged with a sex crime, these are serious charges and can ruin a person’s reputation and life as well as destroy their family’s lives. Imhoff & Associates believes in justice and that all persons are innocent until proved otherwise. That is why the Imhoff legal defense team vigorously defends their clients by specializing in the most innovative legal services defense strategies and treats their clients with the utmost dignity and respect. The firm’s outstanding and skilled defense attorneys work diligently and creatively to offer the highest level of service to our clients and uphold the principles and standards upon which this firm was founded by providing service to clients with members of the firm available 24/7.
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On July 5, 2011, an Orlando jury at the Orange County Courthouse found defendant Casey Anthony not guilty of first degree murder, aggravated child abuse and aggravated manslaughter of a child regarding charges filed against her in 2008 regarding the death of her two year old daughter, Caylee Anthony. She was convicted of four lesser misdemeanor crimes of providing false information to law enforcement officers. If Casey had been convicted of first degree murder, should could have faced the death penalty in Florida. Judge Belvin Perry sentenced her to the maximum four year sentence for her misdemeanor convictions of lying to authorities. He denied the defense’s request to combine the misdemeanor counts into one which could have meant that she would have been released immediately. She was given time served and good behavior and is expected to be released on July 17, 2011. An unnamed juror who was interviewed after the decision said the reason the jury found Casey not guilty of the more serious crimes of murder, aggravated child abuse and aggravated manslaughter is that the prosecutors failed to show how Caylee was murdered.
The circumstances surrounding the case began when Cindy Anthony reported her granddaughter, Caylee Anthony missing on July 5, 2008. Casey Anthony was arrested on July 16, 2008 on circumstantial evidence and charged in October of 2008 with first degree murder. In December of 2008, almost six months after Caylee was reported missing, police investigators found parts of the decomposed body of Caylee with duct tape in the woods near the Anthony residence. It was established by the prosecution and admitted by the defense team, that Casey Anthony lied to sheriff deputies about working at Universal Studios, about employing a nanny that took care of Caylee and that the nanny, whose name was Zenaida Fernandez-Gonzalez took the child (it was later determined that no such person existed, about telling two imaginary people Caylee was missing and about receiving a telephone call from Caylee the day prior to when she was reported missing). Photos were presented showing Casey at a Florida nightclub partying with friends prior to the child being reported as missing.
At trial, Casey’s lead defense attorney Jose Baez claimed that Casey had lied to cover up the family tragedy that Caylee had accidentally drowned in her grandparents George and Cindy Anthony’s pool. He also claimed that Casey did not tell the truth because she was frightened of her father George Anthony, who her attorney Baez claimed started molesting Casey at age eight. Baez also claimed that Casey’s brother might be Caylee’s father, and that the meter reader who found Caylee’s remains may have moved them. None of these allegations were ever proven. Casey’s defense team was able to raise enough reasonable doubt about the duct tape that showed no evidence of Casey’s DNA on it, which prosecutors argued was allegedly used to suffocate Caylee. They also raised doubt about conflicting testimony regarding the odor inside the Anthony car. It had not been established whether it was a decomposing body or trash left in the car. The prosecutors did not clarify why chloroform was so important to the case.
The case became one of the most watched and talked about cases since the O.J. Simpson murder trial and attracted a crowd of spectators and national and international media coverage. In fact, outside the courthouse the day the verdict was read, people expressed their outrage that justice had not been served for Caylee. Casey Anthony could profit from the case by selling her story to publishers, filmmakers or by signing a television contract.
If you are arrested for murder, aggravated child abuse or aggravated assault of a child, these are serious crimes. Depending on your state laws, you could face the death penalty or life in prison if convicted of first degree murder. You should hire an experienced criminal defense attorney to defend you. The attorney can argue such defenses as circumstantial evidence or lack of evidence, mistaken identity, self defense or defense of others to either create enough reasonable doubt to get you acquitted or have the charges dismissed or reduced to a lesser crime.
The crime of kidnapping in Massachusetts is a serious felony offense. Chapter 265, Section 26 of the Massachusetts Statutes provides that anyone who forcibly or secretly confines, kidnaps or imprisons another person against the person’s will within the Commonwealth or forcibly carries or sends such person outside of the Commonwealth with either the intent to secretly confine or imprison that person, faces imprisonment in the state prison of not more than 10 years or a fine of not more than $1,000 and imprisonment in the state prison for not more than 2 years. If a firearm, gun or assault weapon is involved in the crime, the punishment is confinement in state prison for not less than 10 years or in a house of correction for not more than 2 ½ years. The firearm provision does not apply to a parent of a child under 18 who takes custody of the child.
If the kidnapping crime is committed in connection with the intent to extort money, the punishment is life in prison or any term of years in the state prison, unless a firearm, rifle, shotgun, machine gun or assault weapon are used, then the punishment is life or for any term of years, but not less than 20 years in the state prison. When someone is armed with a dangerous weapon and inflicts serious bodily injury or sexually assaults the confined or kidnapped person, the punishment is imprisonment in the state prison for not less than 25 years. Bodily injury is defined under the statute as “permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death”.
When the kidnap or confinement offense involves a child under 16 who is taken against his or her will within the Commonwealth or forcibly carried or sent out the Commonwealth either with the intent to secretly confine or imprison the child, the crime is punishment by not more than 15 years in state prison. This provision does not apply to a parent who takes custody of a child under 16 years of age.
Case Example:
Two Worcester men were accused of stealing a 2002 Toyota Sienna on July 12, 2010 from a Gulf gas station 185 Madison St. with two sleeping children in the back seat while the driver was in the gas station. Police were called and within minutes found the van parked at the corner of Lafayette and Scott with the two children in the vehicle unharmed. Witnesses gave police a description of the two men. Jaime Collazo, 36, was then arrested shortly thereafter hiding on a third floor porch and charged with two counts of Massachusetts kidnapping and trespassing. The other defendant, Christopher Colecchi, 28, was also accused of stealing another car after the incident and was pursued by the police on the I-290 in a high speed chase and then by foot after he crashed the vehicle. Colecchi was charged with two counts of Massachusetts kidnapping, operating a vehicle as to endanger, receiving a stolen motor vehicle, leaving the scene of property damage, operating a motor vehicle with a suspended license, and possession of Class B substance. Colecchi’s defense attorney says his client told him that whoever took the first vehicle got out as soon as they discovered the children were in the vehicle. Jaime Collazo, 36 was also arrested hiding on a third floor porch and charged with two counts of kidnapping and trespassing. Collazo’s defense attorney said the suspects had no intention to kidnap anyone, and that the van was stopped when the suspects noticed the children inside.
If you have been arrested for a kidnapping or related offense in Massachusetts, you should hire a Massachusetts criminal defense attorney immediately to defend you. These are serious charges, and you could face long prison sentences and other penalties, including fines. The attorney may be able to argue that there was insufficient evidence in your kidnapping case, or the alleged crime against you was one of mistaken identity or a misunderstanding or the alleged victim that was taken voluntarily consented to go with you to get the case dismissed or reduced to lesser charges.
Common drug offenses in Florida involve marijuana. Florida has the harshest marijuana laws in the nation. If you are arrested and convicted of drug offenses for possession, sale, cultivation or distribution of marijuana, you could face jail time, fines and penalties depending on the amount of marijuana in your possession and whether you were intending to sell, distribute or cultivate it. The most serious offense is the sale, delivery or cultivation of more than 25 lbs, which is considered trafficking and carries a mandatory minimum sentence of 3 years to 25 years and fines of $25,000 to $200,000. A conviction for any marijuana offense means an automatic suspension of your driver’s license up to two years.
Florida Statute XLVI, Chapter 893
For possession only of marijuana (cannabis) in Florida, you face the following penalties and fines:
· 20 grams or less misdemeanor, 1 year jail, $1,000 fine
· More than 20 grams is a felony, five years jail, $5000 fine
· 25 or more plants (formerly 300 plants) now a felony, 15 years jail 10,000 fine
· Any conviction causes a driver license suspension of 6 months to two years.
For the sale, cultivation or distribution of marijuana in Florida, you face the following penalties and fines:
· 20 grams or less, misdemeanor 1 year, jail $1,000 fine
· 25 lbs or less, felony, 5 years, $5,000 fine
· More than 25 lbs to 200 lbs or 2000 plants, felony and considered trafficking, mandatory minimum sentence 3 years, $25,000 fine. Under Florida law, sale delivery or cultivation of more than 25 lbs is considered trafficking.
· 2,000 to 10,000 lbs or 10,000 plants, felony, mandatory minimum prison sentence 7 years, $50,000 fine
· 10,000 lbs or 10,000 plants or more plants, felony, mandatory minimum 15 years, $200,000 fine.
· Under Section 893.1351, if you are arrested for leasing a residence with the intent of using it as a “grow house” you are facing a second degree felony, with 15 years jail time and a $10,000 fine. Anyone caught operating a “grow house” where a minor is present faces a first degree felony and a 30 year jail sentence.
Other Penalties
If you are arrested within 1,000 feet of school, college or park with possession of 25 or more plants it is considered evidence of intention to sell or distribute, and it is a second degree felony which carries a maximum 15 years in jail and a 10,000 fine. Possession of drug paraphernalia is considered a misdemeanor, with a sentence of up to one year in jail and a fine up to $1,000.
The Florida Bong Bill
Florida’s tough laws on marijuana are further demonstrated by the latest Florida Bong Bill sponsored by regarding Representative Darryl Rouson, which was recently signed into law by Governor Crist, and went into effect July 1, 2010. The Bill bans the sale of bongs, pipes and other devices associated with smoking marijuana by stores that receive 25% or more of their annual revenues from these sales. The Bill is aimed at Florida head shop businesses. A class action lawsuit has been filed challenging the constitutionality of the law. Violators face up to one year in jail. Tobacco shops would not be affected because the sale of these items does not reflect 25% of their annual revenues. People who want to buy marijuana drug paraphernalia can still purchase it at Florida tobacco shops or drive across state lines to make their purchases. Rouson says he has been fighting against the pipe industry, which he believes is part of the drug trade that is helping to destroy families and neighborhoods. It is Rouson’s opinion that the new law supports Florida’s public awareness of health and safety and law and order of society.
Case Example
Gainesville Police were questioning suspect 24 year old Bryant Michael Forsythe of 3707 S.W. 28th Terrace on Sunday July 11, 2010, when they found 13 oxycodone tablets on him while he was searched. Forsythe told the police he could prove the drugs were his because he had prescription information in his bag that he directed the police to search. Instead, police found his marijuana. He also directed police to search his closet after they found the marijuana. Officers did not find the prescription information or any more marijuana. Forsythe was arrested on charges of possession of a controlled substance, possession of marijuana and possession of drug paraphernalia and is being held at the Alachua County Jail.
Marijuana offenses carry stiff jail sentences and penalties in Florida. If you are arrested for a marijuana offense in Florida, you should contact a Florida criminal defense attorney. The attorney can obtain plea bargain offers for reduced charges, or diversion to a drug treatment program, probation or get the case dismissed as a result of unlawful search and seizure or insufficient evidence. The attorney may also be able to argue a “necessity defense” under Florida common law if you are using marijuana to help alleviate symptoms of your medical condition.
California Penal Code 187 defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought”. You face serious jail time and penalties if convicted of first degree murder, capital murder with special circumstances or second degree murder in California. Penalties for murder in California range from 15 years in state prison to life or life without parole or even the death penalty. If the murder was a hate crime, you face life in prison without the possibility of parole.
First Degree Murder Conviction
To be convicted of a first degree murder in California, you must have:
· Used a destructive or explosive device
· Waited for a victim and inflicted torture on them
· Killed someone in a willful, deliberate and pre-meditated manner
· Killed someone while committing a felony or attempting to commit a felony under the felony murder rule
You face 15 years to life or life without parole in state prison.
Capital Murder with Special Circumstances Conviction
To be convicted of capital murder in the first degree with special circumstances, you must have:
· Killed someone for financial gain
· Killed multiple victims
· Killed a police officer, firefighter, prosecutor, judge, juror or elected official
· Killed a witness to prevent them from testifying
· Killed someone while attempting to commit or committing a felony which subject you to the first degree felony murder rule
· Killing someone because of their race, color, religion, nationality or country of origin which is considered a hate crime
· Killing someone by discharging a firearm from a motor vehicle (drive-by-shooting
· Murdering for benefit of a street gang (186.22 Penal Code)
You face 15 years to life, life without parole or the death penalty.
Second Degree Murder Conviction
To be convicted of a second degree murder charge in California, you must have committed any murder that does not fall under the category of first degree murder or capital murder with special circumstances. Examples of second degree murder are when you discharge a weapon into a crowd and kill someone, or you get into an argument or kill someone while you are intoxicated with alcohol or under the influence of drugs. Second degree murders are considered willful, but without pre-meditation or malice.
You can face up to a 15 year to life sentence and life without possibility of parole if you served time previous for a murder conviction. Sentences for murder can be increased to 20 years to life if you shoot a firearm from a vehicle with the intent of causing serious injury, or 25 to life if a peace offer is involved and life without the possibility of parole if you intended to kill a peace officer or to cause great bodily harm to a peace officer or used a deadly weapon or firearm in killing the officer. You may also have to pay a fine of $10,000 and also have to pay victim restitution. Under the California three strikes law, if you are convicted of three felonies, there is a mandatory prison sentence of at least 25 year to life.
Case example:
On June 11, 2010, a Montebello jury acquitted 17 year old Angel Sosa of two murder charges, which included a special circumstance of multiple murders and assault with a firearm. Although the boy was tried as an adult, he was not facing the death penalty because he was under the age of 18 at the time of the murders of 44 year old Juan Garcia and his 12 year old son Albert at a high school graduation party on June 21, 2008. Sosa could have faced life in prison if convicted of the first degree with special circumstances or second degree murder charges.
The defense attorney, Jeri Polen, argued that dozens of witnesses were unable to identify Sosa as the shooter and witnesses identified someone else. The DA, Michele Hanisee, argued that a witness identified Sosa as the gunman and saw him fire a 9 mm from behind a van into a crowd of people beyond the backyard fence of a home located at the 100 block of East Madison Avenue, where the party occurred. The victims who had nothing to do with an earlier confrontation that had taken place at the home died at Beverly Hospital in Montebello. Sosa’s family described the defendant as “the best kid you could want to know and a “pretty good football player”. He plans on returning to high school in the fall.
A murder charge in California is a very serious crime. You should hire a skilled and experienced California criminal defense attorney to represent you. The attorney can defend you by raising doubt and using other defenses such as self- defense, defense of others, accidental killing, insanity, false and coerced confessions, illegal search and seizure or mistaken identity to get the charges reduced or dismissed.
On April 21 st, 2009, the U.S. Supreme Court held that police may search the passenger compartment of a car only when the occupant is arrested and it is reasonable to believe that the arrestee might access the vehicle after his arrest or that the passenger compartment contains evidence of a crime.
For over 25 years citizens have felt like they have given up the right to be free from unreasonable searches simply because they happen to be on a public road or a passenger in a motor vehicle. This feeling was based on old case law allowing police to search a car incident to a lawful arrest (New York v. Belton, 1981). This sometimes included arrests for traffic offenses and outstanding traffic warrants.
In Arizona v. Gant, the U.S. Supreme Court agreed with the Arizona state supreme court who threw out a drug conviction in the case of an individual who was arrested for driving on a suspended driver’s license. Gant was handcuffed and placed in the backseat of a police car. The police proceeded to search his vehicle and found cocaine in a jacket pocket in the back seat.
The police had Gant in custody in a police car. This would have prevented him from accessing anything inside of his vehicle (no officer safety issue at this point) and searching the car was not going to prevent him from destroying any evidence in support of his arrest for driving on a suspended driver’s license (there wouldn’t have been any).
State courts have treated the authority and justification to search citizens and their cars incident to arrest of the recent occupant as a police entitlement rather than applying the exclusionary rules to determine the searches validity. By using the latest U.S. Supreme Court decision to test these types of searches, many pending criminal cases that were born of “police entitlement” may end up being dismissed because the evidence obtained may be thrown out.
Our highly skilled attorneys will fight to protect your rights. Understanding and using the latest case law in your defense can mean the difference between getting your case dismissed and spending years in prison.
Call 800-887-0000 for a free consultation.
A new law that was recently passed in North Carolina favors those who have been wrongly convicted throughout the state.
The new law will enable people who have been convicted and put behind bars for a crime they didn’t commit to receive more compensation.
Governor Mike Easley reportedly signed the law earlier this week and has publicly voiced his support for the new measures being implemented.
The law will help increase the amount of money North Carolina can award people who have been wrongly convicted of crimes.
It will also help innocent victims be granted a pardon of innocence directly from the governor.
Under the new measure, those who have been proven innocent will receive $50,000 for each year they spent behind bars.
Before the new law was introduced, the wrongly convicted in North Carolina only received $20,000 for each year spent in prison.
The erroneously convicted will also receive jobs skills training or a college education at the expense of the government.
The new compensation law reportedly took effect immediately and will reportedly be enforced for anyone who has been declared innocent since 2004.
(Source: Fox)
Have you been wrongly jailed for a crime you didn’t commit? If so, please contact us today to speak with an experienced attorney who will enable you to be compensated for your time spent in jail.
A new law that was recently passed in Baltimore is reportedly going to give thousands the opportunity to erase arrests from public view.
The law will apply to those who have been detained and released without being charged for any criminal behavior.
According to reports, the new law is currently effective and has proven helpful to tens of thousands of residents with minor criminal records in Baltimore City.
Many believe the law is working as intended and removing potential barriers that have prevented these residents from obtaining employment, purchasing housing, and receiving loans.
Although many have been helped by the new law, some advocates are claiming that more needs to be done in terms of those deemed “minor criminals.”
For example, the law doesn’t directly help those with minor drug convictions.
“Jobs are scarce, and we see people taking a harder look at things like criminal records simply because there are more people trying to get a job,” explains Natalie Finegar, an assistant public defender.
(Source: Baltimore Sun)
Have you been wrongly convicted of a crime? If so, please contact us today to speak with an experienced attorney who will evaluate your case and ensure you get the legal help you need.
By: Edward Martinovich, Attorney at Law and Jay Mykytiuk
One of the underlying principles of criminal punishment is that the wrongdoer should pay his or her debt to society. Serious crimes usually require that the offender pay with his freedom, i.e., imprisonment. Lesser offenses might be punished with fines or restitution paid to the victims. An accompanying principle is that, once paid, and offenders debt is forgiven, and the slate wiped clean. To that end, California, like most states, permits certain offenders to expunge their criminal records. However, while expungement has certain practical advantages, its current application in California falls short of freeing an individual from their past mistakes.
California Penal Code Section 1203.4 provides the most common expungement relief. Under this section, an individual granted relief is released from penalties and disabilities resulting from conviction in any case in which the person has successfully completed probation. The individual may, for some purposes, treat the arrest and all subsequent proceedings as though they never occurred. Technically, what occurs when an individual expunges his record is his conviction or guilty plea is set aside by a judge, a plea of not-guilty is entered, and the conviction is dismissed. The statute allows misdemeanor and felony convictions to be expunged if the defendant was only given a sentence of probation, rather than state imprisonment.
Despite what Section 1203.4 offers, an individual who successfully applies for an expungement order may be unpleasantly surprised to find how little relief they have been granted. That is because Californias expungement law is more notable for the relief it does not provide than for the relief it does. First, the record of an expunged conviction continues to be made available to law enforcement and the public. The expunged conviction continues to appear in both California and FBI criminal records. In addition, if convicted of a subsequent crime, the expunged conviction can be used to enhance any imposed sentence. Section 1203.4 also specifically provides that DUI convictions will be used to enhance subsequent DUI sentences. Finally, expungement does not restore the right to own or possess a firearm.
Even the most obvious practical advantage to having ones record expunged comes with a significant caveat. Although there is a difference of opinion in the legal community, the predominant view is that when asked on a job application whether one has been convicted of a crime, it is proper to answer no if the only crime on your record has been expunged. But dont be fooled: although the individual may treat the expunged incident as having never occurred, the state of California has a much longer memory. Since expunging a criminal conviction does not actually erase or seal the record of the crime, any potential employer who chooses to conduct a background check can easily find the court case file and evidence of the expunged conviction. Because of this, many job seekers with expunged records will feel compelled to disclose the conviction up front, and take their chances.
In many instances an expungement does not even permit the individual to deny the existence of the conviction. When applying for public office, peace officer position, or any state license, an individual with an expunged conviction is required to report that conviction on the application. This means that even an expunged conviction may prevent someone from being considered for a real estate sales license, teaching credential, bus drivers license, or security guard certificate. Oddly, Section 1203.4 even requires that an expunged conviction be disclosed when contracting with the California Lottery.
Certainly, expungement is not without its advantages. Many employers do not bother to conduct criminal background checks, and answering no when asked about prior convictions may help an individual secure the position he seeks. And the psychological and emotional benefits of wiping away a past indiscretion cannot be measured. Nevertheless, many of the benefits offered by California expungement are illusory. Is a record really expunged if it can still be viewed by anyone with Internet access? Has an individual been released from the penalties and disabilities resulting from a conviction if they can be denied employment or a state license because of that conviction? Clearly, the answer is no.
One can assume that California, like most states that have enacted expungement laws, recognized the difficulty criminal offenders might face when wishing to obtain employment. Presumably, the purpose of section 1203.4 was to allow certain offenders to honestly deny that they have ever been convicted of a crime. However, without also providing a mechanism for concealing criminal records from the public, the legislature has created an expungement statute that has little effect. Worse, Section 1203.4s lack of a true expungement remedy allows society to continue collecting a debt that California criminal offenders have already paid.