Archives : Criminal Attorney
White Collar Crime – Former Illinois Governor Corruption Case
If you are accused of federal public corruption, this is considered a serious crime. Public officials are especially held to a higher standard. When someone in public office is accused or arrested for public corruption while serving, the consequences are severe. You may be removed from office and face impeachment as well as face federal prison time and fines if you are convicted. It is also a crime under Title 18, United States Code, Section 1001, for someone to lie to federal government agents which includes knowingly and willfully making any materially false, fictitious or fraudulent statement or representation or lying regarding about any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. Many times innocent people are unaware that they may have committed a public corruption crime and/or they might get caught up in the sweep of a government investigation for corruption. The government takes these crimes serious and prosecutes them vigorously. Judges also hand down strict sentences. These matters should not be taken lightly.
Case Example
The recent trial and a conviction of former Governor of Illinois Rod R. Blagojevich is an example of a public official misusing power and participating in acts of political corruption. Blagojevich was found guilty, of which he was sentenced on December 8, 2011 in U.S. District Court by Judge James Zagel, to 14 years on 18 counts for public corruption. Although Blagojevich apologized and made a plea for leniency, his sentence was the second longest ever sentence in a federal court in Chicago for public corruption. The judge’s message for such a harsh sentence was that Blagojevich had a history of corruption while serving as Governor of the State of Illinois, including the discussion between the Governor and an aide for attempting to sell Obama’s senate seat and obtaining a $300,000 a year job from the Service Employees International Union for naming a candidate to fill the vacant seat after Obama was elected President of the United States, for illegal shakedowns for campaign cash and lying to federal agents. The judge stated that he believed Blagojevich had caused “…damage to the fabric of the State of Illinois… which cannot be easily repaired.”
Blagojevich’s claimed he was innocent, that his legal counsel never stopped him from committing any illegal actions and that he never intended there to be a “quid pro quo for the Senate seat.” Blagojevich was the first Governor of Illinois to be impeached and involuntarily removed from office. He is expected to start serving his sentence on March 15, 2012. His predecessor Governor George Ryan was also found guilty of public corruption and sentenced to a 6 ½ year prison term. Under federal sentencing guidelines and rules, Blagojevich won’t be eligible for release until 2024, at which time he will be 67 years old.
Attorney Representation
While receiving political campaign contributions is legal, “depriving the public of honest service” is illegal. When there is evidence that a public official tries to seek something of value in return for an official action, that can be considered a public corruption offense. If you are suspected of political corruption or public corruption or you have been arrested for such an offense, it is imperative that you hire a white collar criminal defense attorney immediately to develop a legal strategy to defend you. What you say and do can have lasting and profound effect on your case, so before you speak to investigators, you should consult with your legal counsel. The attorney can assert your first amendment rights and other defenses to either prevent charges from being filed against you, get your case dismissed or get your charges reduced to a lesser charge by having you plea acceptance of responsibility or a plea for leniency.
Sources
http://www.nytimes.com/2011/12/18/us/blagojevich-lawyers-seek-hearing-on-possible-misconduct-by-jury-forewoman.html?_r=1
http://www.nytimes.com/2008/12/16/us/politics/16legal.html
http://www.chicagotribune.com/news/local/ct-met-blagojevich-sentencing-1208-20111208,0,3665362.story
http://www.chicagotribune.com/news/local/ct-met-blagojevich-sentencing-1208-20111208,0,3665362.story
http://www.myfoxchicago.com/dpp/news/metro/rod_blagojevich/rod-blagojevich-serve-prison-colorado-englewood-request-family-governor-20120215
Pennsylvania Child Sex Abuse Laws and Penn State Sex Abuse Scandal
Sex crimes of all nature, especially child sex abuse crimes, are considered very serious crimes in Pennsylvania. Under Pennsylvania Statutes Sections 3121-3130, you could be charged with the most serious felony crimes of rape, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, or misdemeanor charges for indecent assault, indecent exposure, sexual intercourse with an animal or conduct relating to sex offenders. Prosecutors vigorously try these cases and courts are harsh on sentencing convicted sex offenders involving sex crimes against children. Prison sentences for the most serious sex felony crime convictions are lengthy ranging from maximum minimum 10 year sentences to 40 years for crimes involving rape and multiple deviate sexual intercourse charges involving minors, especially minors under 13 years of age and fines up to $100,000. Convicted sex offenders must register on the state sex offender registry after serving their sentences, which could affect where you can live and may affect other aspects of your life such as employment. Even if you are not accused of these offenses, you can still be charged with failing to report serious sex crimes to law enforcement and also be subject to perjury charges if you lie under oath about not having knowledge of such crimes.
Case Example
Former Penn State football defensive coordinator and assistant football coach Gerald “Jerry” Sandusky was arrested on November 5, 2011, accused of child sex abuse crimes involving eight boys over a time span of approximately 10 years. He was released on a $100,000 bond after the arraignment on 40 criminal counts according to the Pennsylvania Office of the Attorney General. Charges include seven felony counts of involuntary deviate sexual intercourse, corruption of minors, endangering the welfare of a child, indecent assault, unlawful contact with a minor, single counts of aggravated indecent assault and attempted indecent assault. Sandusky is facing up to 20 years in prison for the seven felony counts of involuntary deviate sexual intercourse alone besides additional sentences for other charges if he is convicted. Mr. Sandusky denies the charges. Penn State athletic director Tim Curley, 57, and the University’s vice president for finance and business as well as having responsibility for overseeing the University Police Department, Gary Schultz, 62, have been charged with perjury and failing to report information they had regarding the sex abuse allegations.
At one time, Mr. Sandusky was considered to be a likely replacement for the legendary Joe Paterno, Penn State’s head coach position, prior to his retirement in 1999. After retiring from Penn State, Mr. Sandusky continued his work with at-risk-children through his non-profit organization Second Mile, which he founded in 1977. All of the victims in the case are alleged to have initially come into contact with Mr. Sandusky through his Second Mile organization. In 1999, Mr. Sandusky was banned from the Clinton County school district after the mother of an approximate 11 or 12 year old boy at the time reported to the high school that her son received expensive gifts and trips to sporting events and reported to her that he had been sexually assaulted by Mr. Sandusky during an overnight stay at his house. These charges triggered the State’s investigation into Mr. Sandusky’s current alleged sexual abuse charges.
Other allegations by a graduate assistant, Mr. Kelly, took place in 2002 when he reported that he saw Mr. Sandusky sexually assaulting a naked boy approximately 10 years old in a locker room of the Lasch Football Building located on the campus. He and his father reported the incident to Mr. Paterno, who then reported it to Mr. Curley, but it was not reported to any law enforcement agencies or Child Protective Service Agencies as required under Pennsylvania Law. Mr. Paterno has not been charged with any wrongdoing in the case according to prosecutors. Mr. Curley testified that he banned Mr. Sandusky from bringing any children onto the campus and that he reported the matter to Penn State President Graham Spanier. Mr. Sandusky was no longer coaching at Penn State during this time.
On November 9, 2011, Joe Paterno announced he was retiring at the end of the season, but the University made the decision to ask Paterno and President Spanier to leave effectively immediately, naming defensive coordinator Tom Bradley as the interim coach and provost Rodney Erickson as interim University President. With such a major scandal for a school that has maintained one of the most pristine images in college sports and one of four major schools that have never been found guilty of any major violations by the NCAA, this is a devastating blow. With the school’s reputation at stake, the University has hired their own investigator, former FBI director Louis Freeh, to conduct an independent investigation regarding the Sandusky child sex abuse allegations.
Hire an Attorney
If you are accused or charged with Pennsylvania sex crimes involving minors or other related sex offenses, these are very serious charges and require the assistance of a Pennsylvania Criminal Sexual Offense Attorney to defend you. The attorney understands the Pennsylvania laws and can aggressively defend you by interviewing witnesses and may be able to convince authorities and prosecutors to drop or dismiss charges against you, or in some cases, avoid charges from being filed against you if were falsely accused. The attorney may also be able to get charges filed against you reduced to a lesser crime such as indecent exposure or get you community service or probation.
Sources
http://www.csmonitor.com/USA/Latest-News-Wires/2011/1121/Penn-State-appoints-ex-FBI-director-to-lead-child-sex-abuse-investigation
http://online.wsj.com/article/SB10001424052970203716204577020001842475304.html
http://www.usatoday.com/sports/college/football/story/2011-11-05/penn-state-abuse-case/51083628/1
http://espn.go.com/college-football/story/_/id/7212054/key-dates-penn-state-nittany-lions-sex-abuse-case
http://deadspin.com/5859426/pa-criminal-attorney-on-sandusky-judge-i-have-never-had-a-client-who-was-charged-with-those-counts-released-on-unsecured-bail
http://www.daytondailynews.com/news/nation-world-news/pa-sex-crime-laws-under-focus-with-abuse-case-1290464.html
http://www.legis.state.pa.us/cfdocs/legis/Search/statuteSearchAction.cfm?maxfiles=10&autoStopLimit=1000&index=cons&request=rape
Imhoff & Associates Secures Release of Wrongfully Convicted Client Luis Galicia and Dismissal of Child Molestation Case
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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Nuclear Smuggler or Kidnapped Iranian Businessman?
WASHINGTON (AP) — Amir Sairafi was an Iranian trader doing business in Dubai, the free-wheeling Middle East commerce hub. When he flew to Germany to take his oral exams for his master’s degree, he ran into the U.S. crackdown on illicit trade with Iran.
The unusual U.S. criminal case against Sairafi has put a face on the international campaign to stop Iran from trying to build a nuclear bomb.
Sairafi was arrested and deported to the U.S., where he pleaded guilty to one count each of conspiracy, money laundering and violating the 1995 Iran trade embargo. He is now serving more than three years in a prison unit in Indiana where many of the other inmates have been convicted on terror-related charges.
U.S. officials hailed his arrest in January 2010 as a blow to Iran’s nuclear smuggling networks, which the West says has supplied critical equipment to that country’s nuclear programs. Just this week, a U.N. watchdog agency released a report that accused Iran of conducting research specific to the development of nuclear weapons.
The Washington-based Institute for Science and International Security, which tracks Iran’s nuclear programs, describes Sairafi as a core member of the smuggling networks and the kind of big fish rarely caught in the U.S. net.
Sairafi told The Associated Press in emails from prison that he has no connection to the Iran’s government or its military. Despite U.S. claims outside the courtroom, he said he was never accused of trading in nuclear-related technology.
He pleaded guilty in November 2010. In March, he was sentenced to 41 months in federal prison.
Sairafi contended that the U.S. has used his case to intimidate merchants in the Middle East from trading with Iran.
“I believe (the) U.S. wanted to test a new strategy to arrest a non-American citizen outside U.S. borders and bring him in their soil and impose their jurisdiction on him. The U.S. tried to … show that doing business with Iran has high suffering and is costly,” Sairafi wrote the AP.
His case offers a glimpse into how the Obama administration has cracked down on Iran’s nuclear efforts, using the embargo and sanctions in lieu of military action. It also shows the difficulty in piercing the elaborate veil of secrecy that the U.S. says Tehran weaves around its nuclear efforts.
Investigators must trace transactions through unwitting legitimate businesses, complicit middlemen and front companies that Iran’s Revolutionary Guard uses to evade the U.S. embargo and U.N. penalties, said Matthew Levitt, former deputy assistant secretary for intelligence and analysis at the Treasury Department.
It’s even harder to build a criminal case, Levitt said. Despite a sharp rise in the number of prosecutions and a “whole bunch” of cases under investigation, he said, “the number of cases is still relatively small in regards to the size of the problem.”
U.S. officials declined to explain why, in public statements, they accused Sairafi of helping supply Iran’s nuclear programs, but did not do so in court.
It can be difficult to show that exports were intended for weapons without cooperation from Iran.
The AP asked the FBI for evidence of claims on its website that Sairafi’s case involved “the procurement of U.S. export-controlled equipment intended for Iran’s nuclear weapons program.” Days later, the FBI deleted the material from its site and said older case summaries are sometimes removed to make room for new ones.
“These cases don’t come around that often,” said David Albright, president of the Institute for Science and International Security. “They don’t get a lot of them, they don’t rush into them, and when they get a guy they’re going to come down like a ton of bricks.”
German authorities detained Sairafi, 42, in January 2010 at the Frankfurt airport on his way to the University of Wurzburg, where he was enrolled for a master’s degree in business course.
After being held in Germany for just over eight months, Sairafi said, he was told he was returning to Iran. Instead, he was handed over to U.S. marshals, who flew him to Los Angeles to face trial. It was his first visit to the United States.
“I was kidnapped, and I feel I am a victim of political disputes between two countries,” Sairafi said. The indictment accused Sairafi of working for nearly five years with businessmen Jirair Avanessian in Los Angeles and Farhad Masoumian in Tehran, forwarding more than a dozen shipments worth tens of thousands of dollars’ from the U.S. to Iran. All were charged with falsifying shipping documents in order to hide the ultimate destination of the devices. Avanessian was sentenced to 18 months in federal prison in July. Masoumian remains at large.
Sairafi is one of 40 prisoners in the Communications Management Unit at the prison in Terre Haute, Indiana, where inmates are under 24-hour video and audio surveillance and their communications with the outside world are strictly limited so they can be monitored.
Others inmates include John Walker Lindh, who was captured on a battlefield in Afghanistan in 2001 and is serving 20 years, and Shukri Abu Baker, co-founder of the Holy Land Foundation, serving 65 years for providing millions in aid to schools and welfare programs run by the Palestinian militant group Hamas.
Sairafi denied any knowledge that the vacuum pumps and parts he shipped to Tehran were intended for Iran’s nuclear program. “Vacuum parts have a wide range of applications and I do not know what they were intended for.” He added: “It is not in me to do anything that will contribute to the disruption of world peace.”
Sairafi’s lawyer, Matthew David Kohn, said his client has been questioned in prison by the FBI about “nuclear matters,” which he said Sairafi knows nothing about. Kohn noted that a prosecutor admitted at sentencing she had no evidence he had knowingly shipped nuclear components.
“Is there evidence or even an argument that these vacuum pumps were related to nuclear, biological and chemical weapons or materials?” the judge asked, according to the hearing transcript. The prosecutor shook her head.
A retired International Atomic Energy Agency inspector, Olli Heinonen, said some of the equipment listed in the indictment would have been useful in research on advanced centrifuge design as well as laser uranium enrichment technology — a much faster and cheaper way to produce reactor or bomb-grade fuel than gas centrifuges.
Myrtle Beach Felony Crimes -Bomb Threats and Making False Statements
Myrtle Beach South Carolina takes bomb threats and making false statements about explosive devices seriously. Under South Carolina Code Statute 16-23-750, you could be charged with a Class D or E felony when such threat constitutes threatening to kill, injure or intimidate individuals or damage and destroy property by using or threatening to use an explosive device or incendiary device. In South Carolina, there is no statute of limitations for any felony offenses. You can be arrested and tried and convicted at any time during or after the incident has occurred. Terrorist threat charges and convictions can result in fines; jail time of not less than 1 year or more than 15 years as well as courts may order anger management and violence prevention classes for individuals convicted of such crimes.
Case Example:
Saturday night, November 12, 2011, police shut down and evacuated Wal-Mart’s in Horry County, including the Wal-Mart in Myrtle Beach when Horry County Police said a caller using a phone booth along 544, told a 911 operator that they had left a bomb in a Wal-Mart store that might go off at 9 p.m., but did not disclose the exact location. Since the threat involved all of the super centers located on the Grand Strand and neighboring Myrtle Beach area police evacuated both the Wal-Mart in Carolina Forest off highway 501 and the Wal-Mart on Seaboard St. in Myrtle Beach. Police reported that they did not find a bomb in either location. It is not the first time that Wal-Mart has had bomb threats made against it. Police are continuing their investigation to find out who made such a prank call. Police consider this type of threat a high felony offense with serious consequences.
Attorney Assistance
If you are charged with making a bomb threat or giving false information about an explosive device, you are facing serious felony charges in South Carolina and require the assistance of an experienced criminal defense attorney. A South Carolina criminal defense attorney can help in presenting all the facts of your case. The attorney will also investigate whether your rights were violated during police interrogation, whether you were given your Miranda Rights, and whether the police conducted any illegal search and seizure during your arrest. The attorney may also be able to help get your charges reduced, dismissed, or obtain probation, community service or attending of anger management or violence prevention classes.
Sources:
http://www.associatedcontent.com/article/9145703/bomb_scare_temporarily_closes_area.html?cat=8
http://www.thetandd.com/news/opinion/article_aaee4316-f8ff-11e0-8baa-001cc4c03286.html#ixzz1dmevlsAp
http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/OffensesF.htm
http://www.carolinalive.com/news/story.aspx?id=685986
http://statutes.laws.com/south-carolina/title-1
Can You Get A DUI For Using Hand Sanitizer?
A recent study conducted by the Department of Psychiatry at the University of Florida College of Medicine revealed that 8 out of 11 volunteers who had not used alcohol for five days tested positive for alcohol consumption in a urine test after frequently applying Purell hand sanitizer during the day. Purell contains 62% ethyl alcohol. The urine tests recorded levels of ethyl glucuronide of more than 500 nanograms per milliliter in the urine of 8 out of the 11 volunteers indicating that they had consumed alcohol recently. Further tests for another alcohol breakdown product, ethyl sulfate, were not found suggesting that levels of ethyl sulfate could be used as a distinguishing factor in determining whether someone had consumed alcohol or just used a product that contains alcohol. The urine test is a more accurate test than the breathalyzer test, which only measures the amount of alcohol on your breath, and any alcohol dissipates after a few hours.
The research further showed that the absorption of alcohol contained in products such as hand sanitizer, mouth wash, aftershave and cough syrup could result in someone testing positive in a urine test for alcohol use if you used more than 4 oz. a day, which is an ounce more than the size of a bottle allowed on an airplane. Health care workers may at the most risk of testing positive for alcohol consumption in a urine test because they are constantly using products to sanitize their hands throughout their working hours. Other individuals who are required by their employers to take urine tests for alcohol or drug use may want to avoid any products containing alcohol so that they do not test positive for alcohol consumption.
California DUI
If you failed a drug urine alcohol test or breathalyzer test in California because you were either pulled over by the police for suspicion of a DUI or you failed the drug alcohol urine test given by your employer, you should contact a California criminal defense attorney. In order to be convicted of DUI in California, you must have a BAC over .08% at the time of your arrest or a BAC of .01% for driver’s under 21 years of age. You could face jail sentences of 96 hours to three years and fines up to $1,600, as well as completion of a driving under the influence program, installation of an IID in your vehicle and have to obtain SR22 (California Proof of Insurance Certificate) car insurance. There are enhanced penalties for second and third or more California DUI convictions. A conviction of three prior DUI’s with a BAC of .08% within the previous 10 years is considered a felony. Even if you are a DUI first offender, your driver’s license could be suspended for four months.
The attorney may be able to establish that your urine test was a false positive because you only used a product containing alcohol such as hand sanitizer and either get your case dismissed or convince your employer that you were not using alcohol or drug so you can keep your job. If evidence does determine that you were consuming an alcohol beverage or an illegal drug while driving a motor vehicle in California, the attorney may be able to get your charges reduced to speeding, get you into a drug or alcohol treatment program with a suspended sentence, probation or get your case dismissed.
California AG Takes Active Role in Reducing Recidivism
A panel consisting of 435 law enforcement and reform experts released their recommendations on March 16, 2011, after reviewing 11 problem areas of crime ranging from gangs, guns, enforcement of environment laws, school truancy, mortgage fraud, consumer protection, civil rights and victims’ rights at the request of California State Attorney General Kamala Harris. The panel has made recommendations to Attorney General Harris that she take a more active role in the rehabilitation of parolees to keep them from returning to prison. The panel believes that reducing recidivism, which was part of Attorney General Harris’ campaign promises last year, should be one of the primary functions of the California State Attorney General. The Attorney General has not indicated whether or not she will be acting upon the recommendations.
According to statistics, seven out of 10 parolees commit repeat offenses and return to prison within three years. While California spends almost double the national average on inmate incarceration costs and close to a third more than the national average on the supervision of parolees, equating to a dime out of every dollar in the state’s general fund, the expenditures are not substantially reducing recidivism. The panel concluded that it would be more cost effective for the State of California to concentrate its efforts on providing education and training for ex-convicts and by helping them find housing and jobs, which would produce much better long term results. Right now, California does not have unified rehabilitation programs among its agencies for parolees. To address this issue, the panel recommended that Attorney General Harris follow the model that several other states have by convening a state level “re-entry council”, whose function would be to coordinate services among various state agencies.
The Department of Corrections and Rehabilitation’s Cost Cutting Models
While the panel’s recommendations are a good start, budget cuts in California are making it more difficult to fund current programs. The California Department of Corrections and Rehabilitation (CDCR) cost containing rehabilitation model is now using strategies such as shortening the length of in prison substance abuse treatment, using more volunteers, using long term offenders as counselors and literacy tutors and finding alternative ways to deliver educational programs. They are also using a risk assessment tool, COMPAS, to review a convict’s criminal history and other characteristics, including age, to determine their re-offend probability in order to assign them to the best program to mitigate repeat offenses. The CDCR’s policies of using the latest science and other proven techniques has helped reduce recidivism by reducing prison overcrowding and increasing the chances that offenders will be succeed after their return to society and is also saving California taxpayers money.
Other CDCR Successful Programs
The CDCR was instrumental in spearheading legislation which provided the following programs:
· Increase in inmate educational and vocational participation.
· COMPAS offender risk assessment tool.
· Prison to prison employment program which helps offenders find employment by matching prison jobs to community jobs, providing documentation necessary to secure employment prior to their release from prison such as a social security card or birth certificate, providing resumes, assisting with license applications and trade union memberships, and arranging for partnerships with the 49 Local Workforce Investment Boards (LWIB) in the State to work with CDCR parolees to help them find employment.
· Addition of 2,000 in prison substance abuse slots.
· Addition of over 300 parolee mental health slots.
· At least 2,000 re-entry beds.
In order to further improve results, the California legislature will also need to get involved by enacting new laws supporting more rehabilitation programs such as those recommended by the panel so that Governor Brown can sign them into law.
If you are facing a parole hearing, you should consult with a California criminal defense attorney who understands how the Board of Parole Hearings work and can present a written and verbal presentation on your behalf to convince the Board that you are rehabilitated and ready to return to society as a productive member of the community. The attorney can also refer you to community programs that will help you find housing and employment.
The Battle Over Legalization of Marijuana Continues
The legalization of marijuana continues to be a controversial issue as it makes its way back into legislation in two states, Washington and Massachusetts. Legislators in both the Washington State House and Massachusetts State House reintroduced bills recently to legalize marijuana use for persons 21 years of age and over with regulation and taxation of the marijuana commerce. In Washington State, Democrat Mary Lou Dickerson, State Representative and Chairman of the Human Services Committee, introduced Bill 1550 on January 25, 2011, which proposes to regulate the sale of marijuana in Washington State through state liquor stores with the licensing of cannabis growers regulated by the Liquor Board. Farmers would have to obtain a license from the Liquor Board at the cost of $5,000 per year. It would be considered a gross misdemeanor to sell cannabis without a license or to sell or distribute it to a juvenile under 21 years of age. The intention of Washington State legislatures is to increase state revenues while breaking up crime-syndicate drug cartels so that revenues can be used towards health services throughout the state due to budget cuts and shortages. The Washington bill has 13 co-sponsors and has now been referred to the Committee on Public Safety and Emergency Preparedness, which is the same Committee where the bill failed to pass last year. The State approved the legalization of medical marijuana in 1998, and in 2009, the Seattle City Council voted unanimously to support decriminalization.
Massachusetts House Representative Ellen Story (Democrat from Amherst) filed House Docket Number 1091 (H1091), An Act to Regulate and Tax the Cannabis Industry on January 24, 2011. The bill is currently awaiting a bill number. The proposed bill would eliminate all criminal and civil penalties in the State of Massachusetts for persons over 21 years of age who possess marijuana for personal use or share it with other adults. The bill would also provide for the regulation, licensing and taxing of commercial cultivation, possession and distribution of marijuana. The Massachusetts bill also failed to pass last year.
Meanwhile, the Montana Majority Republican House voted recently to overturn their Medical Marijuana Ballot Initiative which was passed in 2004 legalizing the use of medical marijuana. The bill, HB 161, is currently awaiting a vote in the Montana State Senate. The Montana House Speaker Mike Milburn (Republican from Cascade), who sponsored the bill, argues that the Marijuana Ballot Initiative has attracted criminal elements. Democrats argued that the initiative has failed because of the lack of regulation of medical marijuana by the legislature. Others Representatives such as Diane Sans (a Democrat from Missoula) argued that the State has already tried making medical marijuana illegal and that failed to work and that there is a value to using marijuana for medicinal purposes. It may not be so easy to get the repeal approved in the Montana Senate where the consensus is there needs to be reform, but that re-criminalizing it would be turning back the clock. There are several bills regarding taxing or regulating medical marijuana that have been introduced as well.
Right now there are 15 states and the District of Columbia where medical marijuana use and possession is legal including:
Alaska
Arizona
California
Colorado
DC
Hawaii
Maine
Michigan
Montana
Nevada
New Jersey
New Mexico
Oregon
Rhode Island
Vermont
Washington
California SB 420 was approved in 2004 which sets forth guidelines on the use, possession and growing of medical marijuana. A ballot proposition was approved by voters in 1996 approving medical marijuana use for AIDS, anorexia, arthritis, cancer, chronic pain, glaucoma, migraines, multiple sclerosis, seizures, nausea and other chronic medical conditions. State penalties for possession, use and growing for persons with medical marijuana prescriptions were also decriminalized. California Proposition 19 was recently defeated which would have legalized marijuana use and allowed the State to regulate and tax the commercial growing of marijuana.
Assault & Battery Charges are Taken Serious in California
Assault and battery charges are taken serious in California. California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. A battery is defined under California Penal Code 242 as “any willful and unlawful use of force or violence upon the person of another”. Incidences of assault and battery typically occur during a physical fight or a verbal argument that turns into a physical altercation. Assault can also be construed even if you physically throw an object at someone regardless if they are injured or not, and you could still be arrested in California. A simple assault misdemeanor carries penalties ranging from six months to a year in the county jail and a fine of $1,000 to $2,000. A simple battery can be charged as a misdemeanor or a felony and carries penalties ranging from six months in the county jail to three years in state prison and fines of $2,000 up to $10,000.
Assault with a Deadly Weapon Other Than a Firearm (Penal Code 245)
An assault with a deadly weapon also known as aggravated assault upon another person other than with a firearm with the intent to produce great bodily harm is a felony in California with penalties of up to four years in state prison and fines up to $10,000. A deadly weapon can be any object that is not part of your body such as a knife, a pen, rocks or even your car.
Assault with a Firearm (Penal Code 244)
Only possession of a firearm during the assault is enough cause to increase the penalties for this crime to a $10,000 fine and a 4-year prison sentence.
Case Example:
British actor and comedian Russell Brand met with Los Angeles prosecutors on Wednesday November 17, 2010 regarding his arrest pertaining to an altercation with a photographer at LAX Airport in September 2010. Brand and his wife, singer Katy Perry, were entering Delta Airlines terminal when they were swarmed by paparazzi. Airport video cameras caught Brand swatting at the photographer and hitting his camera. He was facing the possibility of misdemeanor simple battery charges. The City said a prosecutor will also meet with the photographer this week. However, a spokesperson for the City said it was unlikely that they would be filing charges against Brand. Brand was unknown in the United States until 2008 when he hosted the MTV Video Music Awards. He has become famous here since his recent marriage to Katy Perry. He has also starred in the film Get Him to the Greek”. Perry is known for her two hit songs “I Kissed a Girl” and “California Girls”.
This is not the first time that celebrities have gotten into skirmishes at LAX with the paparazzi. City prosecutors charged Kanye West with misdemeanor battery, vandalism and grand theft for breaking a photographer’s flash during an incident at the airport in September 2008. The case was later dismissed after the rapper settled a civil suit and agreed to attend anger management classes.Mike Tyson was also charged in November 2009 for allegedly hitting a photographer at LAX. Prosecutors declined to charge the former boxer because they said they found insufficient evidence.
If you are arrested for assault and battery charges in California, you should hire a California criminal defense attorney to defend you. The attorney may be able to get the charges reduced or dismissed to menacing, mistaken identity, self-defense, defense of property or defense of others, no credible threat, false accusations, the victim consented to the assault, or there may be insufficient evidence to charge you.
Always Appoint a Qualified California Criminal Attorney for Your Legal Needs
An arrest for domestic abuse in California is a serious matter. It could affect your chances of obtaining employment, prevent you from purchasing a fire arm and you could face jail time, fines, attendance of a batter’s counseling program and/or a drug or alcohol program, paying restitution payments and probation depending on whether you are charged with a misdemeanor or a felony. Under California Penal Code Statutes 13700, an act of domestic abuse is considered abusing someone you have a “domestic” relationship, which includes the following persons:
· Spouse or former spouse or cohabitant
· Roommate or former roommate
· Person you may be dating or previously dated
· Parent of your child
· Family members including parents, siblings, aunts and uncles, nieces and nephews and first cousins
The definition of abuse is considered the intentional or reckless causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable fear of imminent serious bodily injury. Many times, victims take out a restraining order against their abuser. The restraining order may be enforced by California police, who are authorized to arrest violators of domestic restraining orders under California Penal Code Section 836. The district attorney’s office determines whether the charges to be filed will be a misdemeanor domestic abuse or a felony domestic abuse based upon the circumstances of the case. If the victim suffered minor injuries or threats, then the charges will most likely be a misdemeanor charge. However, if the victim suffered serious injuries, felony charges will be filed. It is not unusual to charge both parties if there are no witnesses and both claim abuse occurred or the police find cuts and bruises on both parties.
Penalties
You could face the following penalties if you are arrested for domestic abuse in California:
· For a misdemeanor domestic abuse charge, you face fines and up to six months jail time as well as attendance of a domestic violence counseling program and 40 hours of community service and probation.
· For a felony domestic abuse charge, you face fines and jail time ranging from three months to three years, as well as attendance of a domestic violence counseling class and 40 hours community service and probation.
In addition, if drugs or alcohol are involved, you may be required to attend an AA or NA program under California Penal Code Section 1203.097 and pay restitution to the victim and payments to a women’s shelter in the maximum sum of $5,000.
Help for Victims
The Governor signed a budget package on October 8, 2010, which included $20.4 million dollars to be allocated for statewide domestic violence shelter services that will be administered through the California Emergency Management Agency (CalEMA). This action now returns critical funding that was eliminated under a line item veto in July 2009.
Case Example
Former Chargers star linebacker Junior Seau was arrested on suspicion of assaulting his 25 year old live in girlfriend during an argument, which occurred at their Oceanside beachfront home on Sunday evening October 17, 2010. Oceanside police said the woman suffered minor injuries and did not require medical attention. Seau was released on bail from Vista jail on Monday. He was involved in an accident shortly thereafter as his Cadillac Escalade went over 30 ft. of boulders on an oceanfront cliff in Carlsbad. He was treated for minor injuries caused by the near fatal crash. He told police he fell asleep as he was heading south on Carlsbad Blvd. around 8:42 a.m. Monday. He awoke as the SUV started going over the side. Despite rumors that the accident was an attempted suicide involving the use of drugs or alcohol, Carlsbad police said they did not believe Seau was attempting suicide, and there were no signs of any type of intoxication. The results of a blood test that Seau agreed to take at the hospital will be available in six weeks. The domestic violence case is expected to be sent to the Oceanside District Attorney’s office on Friday according to Oceanside police. A tentative arraignment has been scheduled for Monday, October 25, 2010 should prosecutors decide to charge Seau.
If you are arrested in California for domestic abuse, you should hire a California criminal defense attorney. The attorney may be able to get the charges reduced or dismissed on the basis of self-defense or a simple misunderstanding or by getting the parties to enter into a civil restraint agreement agreeing to leave each other alone.
