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Federal Charges Filed Against Boston Marathon Bombing Suspect

Federal Charges Filed Against Boston Marathon Bombing Suspect

Government authorities have apprehended and charged 19 year old Dzhokhar Tsarnaev, one of the suspects in the Boston marathon bombings, which took place on Monday April 15, 2013. The suspect was taken to an area hospital where he is recovering from gunshot wounds to his head, neck, legs and hand. The other suspect, 26 year old Tamerlan Tsarnaev, and the older brother of suspect Dzhorkhar Tasrnaev, was killed in a gun battle between police on Thursday April 18, 2013, in Watertown after police found a car stolen earlier in the evening by the suspects during a carjacking. The man whose car had been carjacked told police that the suspects forced him to withdraw money from an ATM. He was later able to escape when the suspects stopped for gas.

Authorities were able to identify the suspects through security cameras with video and still images, which showed the two brothers carrying and placing two backpacks near the finish line of the Boston Marathon race containing pressure cooker bombs that exploded through the crowd, killing three people and wounding more than 200, many of whom lost limbs and some whom are still being treated at area hospitals. Authorities have decided to use the “public safety exception instead of giving Dzhokhar his Miranda rights in order to question and obtain information from him as to the motives and whether others were involved.  According to government officials, although the suspect is unable to speak as the result of a wound to his throat, he communicated to investigators that he and his brother acted alone and that they learned how to make bombs on the Internet.  A 10 page complaint has been filed charging Dzhokhar Tsarnaev with two federal charges – conspiring to use weapons of mass destruction and malicious destruction of property with an explosive device and could face the death penalty.

A lawyer for the widow of deceased suspect, Tamerlan Tsarnaev, says she knew nothing about her husband’s involvement in the bombings until she learned about it on television like everyone else. FBI investigators visited the lawyer at her parent’s home in Rhode Island on Sunday, April 21, 2013. Investigators are looking into possible motives and whether the brothers had ties to Islamic terror cells. Of particular interest to investigators is a sixth month period that Tamerlan Tsarnaev spent in a predominately Muslim province of Dagestan and Chechnya to determine if he may have been radicalized by militants in the area.

Facing Terrorist Charges

After 911, federal and Massachusetts laws and penalties have become stricter regarding acts of terrorism in the United States. Law enforcement agencies have been working together to stop terrorism plots and activities and prosecutors are vigorously prosecuting those accused of committing terrorist acts.

If convicted of a crime of terrorism such as using weapons of mass destruction, you could face life in prison without parole or the death sentence when victims are massacred such as in the case of the Boston Marathon bombings. Even if you did not commit a terrorist act, you could still be charged with related charges of aiding a known terrorist or hindering a prosecution resulting in jail time and/or other penalties or fines. If you believe that you are the target of an investigation relating to a terrorist act or you have been charged with terrorism or related offenses, these are serious charges that require the representation of an experienced and skilled criminal defense attorney

Former Utah Police Officer Fired for Filing False DUI Charges

 

Lisa Steed, a former Utah Highway Patrol Officer, who was named Utah Highway Patrol’s “Trooper of the Year” in 2007 for making more than 200 DUI arrests, was fired by the department in November for alleged misconduct charges related to her duties. Steed admitted in Court in May of 2012, that during administering a BAC test on Theron Alexander in March 2010, she removed her microphone to perform an unauthorized act.

 

A class-action lawsuit was filed against Steed and her superiors on December 14, 2012, in District Court in Salt Lake City. The amount of monetary damages is yet to be determined. The lawsuit alleges that Steed filed false DUI charges against numerous people who had passed sobriety tests during her career with the police force. According to Studebaker, more than 40 people have contacted him claiming Steed wrongfully arrested them for DUI or drug charges.

 

According to the lead attorney in the lawsuit, a dashcam video from 2011 shows Steed pulling over an unidentified woman, who has now joined the lawsuit, for a suspected DUI and arresting her after performing a series of sobriety tests. The attorney claims that even though the woman passed all the tests, she was still arrested for DUI. The charges against the woman were later dropped because her blood test revealed that that there was no alcohol in her system.

 

Another dashcam video in 2009 showed Steed stun-gunning a motorist, who was determined to be sober later. The state settled the case against Steed in November 2011 for $40,000, without admitting any wrongdoing by Steed or the department.

 

Steed is currently under investigation by the FBI.

 

Hiring a Utah DUI Criminal Defense Attorney

If you are arrested for a DUI in Utah, you should hire a Utah DUI criminal defense attorney to help you fight your charges and conviction. At Imhoff & Associates-Criminal Attorneys, we successfully represent clients facing DUI charges in any of the following courts: Salt Lake City, Ogden, Logal, Brigham City, Provo, Orem, Sandy, Roy, Bountiful, Taylorsville, Bennion and all surrounding courts. We understand the seriousness of the charges and how a conviction can impact your life. Your Imhoff criminal defense DUI attorney will review your police report and field sobriety tests to make sure there were no errors or mistakes or your constitutional rights were not violated. We will mount a vigorous defense on your behalf.

Crocs Mogul George Boedecker Pleads Not Guilty to DUI

George Boedecker, wealthy mogul and co-founder of Crocs footwear, pleaded not guilty on September 24, 2012, to a DUI arrest, which occurred on August 12, 2012 in Boulder, Colorado. According to police, Bodecker was found asleep behind the wheel of his Porche. When Colorado Police arrived on the scene, they found Boedecker being treated by EMT’s, who diagnosed Boedecker as drunk.  Police claim that Boedecker was heavily intoxicated and made strange remarks that he was napping, that his famous girlfriend and singer Taylor Swift was driving and that she had gone back to Nashville after an argument. At the time of Boedecker’s arrest, Swift was 2,000 miles away with her boyfriend, Conor Kennedy, son of Robert F. Kennedy, Jr.  There is no evidence that Swift has ever been romantically involved with the 51 year old Boedecker. As an added twist, Boedecker was reported to have been wearing flip flops at the time of his arrest. The wealthy Crocs owner is due back in court next month.


Colorado DUI/DWAI Laws

Under Colorado Statutes C.R.S.A 42-2-125 through 42-2-208, a person is prohibited from driving under the influence of alcohol or drugs. You can be charged with a DUI or DWAI. With a BAC level between .05 and .08, your driving is considered “alcohol impaired.” With a BAC of .08 or higher blood, you are considered to be “driving under the influence of alcohol.” Penalties under C.R.S.A. 42.4-1307 include the following:

•    Suspension of your driver’s license from 9 months to 24 months

•    Drivers under the age of 21 with a BAC between 0.02 and 0.05- minimum 3 months to 1 year driver’s license

•    Convictions for more than three DUI’s in 7 years results in a mandatory 5 year driver’s license revocation

•    Jail time ranging from 2 days to 1 year or more depending on the number of convictions and circumstances surrounding the arrest

•    Fines ranging from $200 to $1,500 or more

•    Attendance in a state-approved alcohol treatment program or drug diversion program

•    Payment of restitution to victims

•    Probation

•    Community service
Prosecutors can convict you based upon the arresting officer’s testimony or upon the results of a breath and/or blood alcohol test.

Refusal to take a BAC, will result in the immediate suspension of your driver’s license. Enhanced sentences and penalties may be given for a felony vehicular assault or vehicular manslaughter crime if you seriously injure or kill someone while driving under the influence of drugs or alcohol.

Hiring a Colorado DUI Criminal Defense Attorney

Facing a Colorado DUI or DWAI is a serious and stressful matter for most people. In order to make sure you receive a fair and justice defense, it is recommended that you hire a Colorado DUI criminal defense attorney to defend you.  At Imhoff & Associates-Criminal Attorneys, we understand the importance of vigorously fighting DUI/DWAI charges and have established a reputation in the community for obtaining favorable outcomes for our clients. Your Imhoff DUI criminal defense attorney will conduct a thorough investigation of all evidence against you, raising such defenses as your Miranda rights were violated, the arresting officer failed to advise you of the consequences of refusing a BAC test, there is insufficient evidence against you, lack of justifiable reason for stopping you, or at the time you were pulled over, your BAC was within the legal limit, in order to get your charges reduced to a lesser crime or get the charges dropped.

 

 

 

Juvenile Criminal charges

 

Florida felony possession of weapon on school grounds.

 
Two juveniles have been arrested in Clearwater, Florida in connection with bringing a concealed weapon on Clearwater High School grounds.  One juvenile, aged 15 was arrested on a felony charge of carrying a concealed weapon on school grounds after a student reported to a school resource officer that they saw the juvenile carrying a gun with him in class. The officer removed the suspect from class and confiscated an unloaded .380 firearm and also found ammunition.  A second arrest was also made on Tuesday, September 18, 2012, at the Clearwater High School campus. Another juvenile male, 14, was charged with felony possession of a firearm on school grounds. According to Clearwater Police, the second minor had possession of the gun prior to giving it to the first minor, although it is unclear why the gun was brought to the school in the first place.

 

Penalties

Under Florida Statute 790.115(2) possession of a weapon on school grounds is illegal and considered a third degree felony. Section 790.115(2) provides that, “a person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.” Possession of a pocket knife is not a crime according to a recent ruling by the  4th District Court of Appeal in the R.H. v. State case.
If you are under the age of 18, and you are facing felony possession of a weapons charge on school grounds, you will be charged as a juvenile, and your case will be sent to juvenile court. You could face a maximum of five years in prison.  Penalties are enhanced if you are a habitual offender, and you could face 10 years in prison.

 

Hire a Florida Criminal Defense Attorney

 
Being charged with a third degree felony in Florida is serious. It is recommended that you seek legal advice immediately. At Imhoff & Associates-Criminal Attorneys, we have years of experience representing juvenile (under age / minor) defendants charged with misdemeanor and felony crimes. We understand the serious impact a felony conviction can have on someone’s life. We are committed to vigorously defending our clients by building strong defenses on your behalf. Your Imhoff Florida criminal defense attorney will investigate the evidence against you, talk to witnesses, hire experts and negotiate with the prosecutor to get your charges reduced to a lesser crime or get the case closed.

 

 

 

 

 

 

 

Internet Sex Crime

 

 

 

 

 

 

26 Men arrested in connection with Internet Sex Crimes

A Lake County Florida sheriff’s Cyber Crimes detective announced the arrest of 26 men in connection with traveling for sexual activity with a child. Working together with an Internet task force of other law enforcements agencies, the operation known as  “Operation: Take Two,” which occurred during the time period July 23 through July 29 in a vacant home in the Tavares, Florida area resulted in the arrests of the 26 men. Detectives posted as children or guardians of children in online chat rooms. When they were solicited for unlawful sexual activity, they arranged for the alleged suspects to meet. Suspects were then taken into custody. The men arrested in connection with the crime range in ages from 19 to 69. The detectives also seized four vehicles in connection with the arrests.

Prefile Case

A prefile case investigation involving an Internet Sex crime should be taken seriously. It can ruin your life whether you hold a high profile government or corporate position, are a person of notoriety or are just an ordinary citizen.  A prefile case is when a person is under suspicion and investigation by law enforcement or a prosecuting agency prior to formal charges being filed against them for a matter such as an Internet sex offense. If you are being questioned or intimidated by law enforcement officers regarding the investigation of an alleged Internet sex crime, even if you did not commit the crime, the investigation means you may be considered a suspect or a lead in a crime. It is recommended that you seek the advice of a criminal defense attorney immediately.
Penalties    

Internet sex crimes include the following:

•    Possession and/or distribution of child pornography
•    Solicitation of a minor in a chat room
•    Use of a web cam offense
•    Attempted sexual contact with a minor child
•    Child endangerment
•    Stalking
•    Other related offenses

While Internet sex crimes can involve minors or adults, prosecutors take cases involving child pornography or solicitation of minors much more seriously. For instance, you could be charged with a third degree felony in Florida for downloading child pornography, or a first degree felony for producing or promoting child pornography and face a prison sentence between 5 to 13 years. A felony conviction for solicitation of a minor in a chat room could get you a minimum 21 month to a maximum 5 year prison sentence, a fine up to $5,000 and 5 years of sex offender probation. A conviction for lewd conduct for exposing yourself on the Internet with no physical contact with the victim, you could be charged with a second degree felony if you are over the age of 18 and a third degree felony if you are under the age of 18 years. Convictions for Internet sex crimes also may require you to register as sex offender for life and make it harder for you to find a job or a place to live.

Hiring a Florida Criminal Defense Attorney

If you are under investigation or suspicion for an Internet Sex crime or facing charges for such an offense, you should contact a Florida criminal defense attorney at once to represent you. Imhoff & Associates –Criminal Attorneys understand the severity and implications of being suspected in a prefile Internet sex offense matter. Your Imhoff criminal defense lawyer will investigate the evidence against you by speaking with investigators/prosecutors handing the matter to determine whether they have sufficient evidence to charge you and try to get the prefile investigation closed, saving you the stress and embarrassment of an arrest.  If you have already been charged with an Internet sex crime, the attorney will negotiate with the prosecutor to get your charges reduced to a lesser crime, get your probation, community service or get the case closed

International Cyber Crime

 

 

 

 

 

 

Investigation Leads to Arrest of San Diego Man

A local 20 year old San Diego man named Mark Camarilla, also known as “Cubby,” was recently arrested in Scripps Ranch and booked on charges of wire fraud and access device fraud. Camarilla is accused of operating an Apple call in scheme where he obtained serial numbers of Apple products he did not own, claimed the product was defective and asked for a replacement product to be shipped to him. He provided stolen credit card numbers, which could be charged if he did not return the defective device. Camarilla allegedly sold and shipped 4 new stolen iPhones to an undercover agent he thought was another fellow carder.

The arrest was part of a two year FBI international cyber crime investigation regarding “carding” crimes involving the theft and sale of personal information of unsuspecting victims spanning over 13 countries, including the United States. The sting resulted in the arrests of 24 persons, including Mr. Camarilla, as well as 10 other persons in the United States, and 13 persons in seven countries.  Four suspects still remain at large. There were also 36 warrants executed.
If convicted, Camarilla faces up to 30 years in prison. According to the FBI, these massive arrests protected more than 400,000 potential victims and prevented losses of approximately $205 million.  It is hoped by law enforcement that the arrests will help decrease carding schemes and forums worldwide.

California Cyber Crimes

Using carding schemes and forums to exchange information on hacking methods and computer security vulnerabilities, buying and selling personal information such as stolen credit card and debit card numbers and selling hardware to create counterfeit cards and goods purchased with stolen cards are considered illegal cyber crimes. It has been difficult to prosecute these crimes because law enforcement has not always had the right technologies to do so, and many times they span over multi-jurisdictions and countries.

With the development of new technologies, state, federal and international law enforcement are able to increase their efforts to work jointly to arrest and prosecute computer criminals.  For example, California now uses its eCrime unit to investigate and prosecute multi-jurisdictional criminal organizations, networks, and groups involved in identity theft crimes using an electronic device. Other states such as Texas, Florida and Louisiana also have similar units which focus on various cyber crimes.

Penalties

Under California Penal Code Section 484-502.9, there are various penalties and sentences for cyber crimes depending on the type of computer crime involved, the value of loss and injuries suffered by the victims and the defendant’s prior record. Computer crimes and crimes associated with computer crimes include:
•    Hacking of a computer
•    Computer Tampering and Trespass such as spreading a virus
•    Duplicating computer materials without authorized use
•    Copyright theft
•    Identity theft
•    Forgery
•    Grand Larceny
•    Cyber Stalking

Typically, if convicted of a cyber crime in California, you can expect to receive fines ranging from $1,000 to $10,000 and/or imprisonment in a county jail or state prison for a term of one year up to three years or more. You may also be required by the court to pay restitution to victims for their losses suffered as a result of the computer crime.

Hiring a San Diego Criminal Defense Attorney

It is critical for a person facing an investigation for a cyber crime in San Diego to get proper legal representation immediately.  Imhoff & Associates-Criminal Attorneys understand the impact that being under an investigation of this sort can have on your personal and business reputation, and we will try and keep you out of the public eye and media as much as possible. Your Imhoff San Diego criminal defense attorney will raise strong defenses on your behalf making sure that your constitutional Fourth Amendment rights regarding unreasonable search and seizure of your home and personal property have not been violated. Your San Diego criminal defense attorney will negotiate with prosecutors to try and get your charges reduced to a lesser crime, get you an alternative sentence such as community service or probation or get the case dropped.

Florida DUI Laws and John Goodman DUI Case

Florida DUI laws are extremely tough. Under 316.193, F.S., you are considered driving under the influence if your BAC is .08 or above.  If you are arrested for DUI in Florida, your license will automatically be revoked, and you may receive jail time, fines, penalties and/or community service depending on your BAC level, the circumstances of the DUI and whether you have had any other recent DUI convictions.  Persons who refuse to take a BAL test will have their license suspended whether or not they are innocent of these charges. Further extenuating circumstances such causing serious injuries to someone else, vehicular manslaughter or leaving the scene of a crime related to a DUI are considered a felony, and could carry up to a 30 year prison sentence. (316.193, F.S. 322.271, F.S. and s. 322.28,F.S. 316.656, F.S., s. 322.2615 F.S.)

John Goodman DUI Case
Recently, John Goodman, founder of the Palm Beach International Polo Club, and the heir to a multimillion dollar air conditioning fortune, was found guilty of vehicular manslaughter and vehicular homicide in connection with the traffic death of 23 year old Scott Wilson, a Florida college graduate which occurred in February 2010, after Goodman, who had been drinking, hit Wilson’s car with his Bentley, and caused Wilson’s car to flip into a canal. Goodman left the scene of the accident on foot and waited approximately one hour later before reporting it to 911. By the time rescuers arrived at the scene, Wilson had drowned and was found trapped behind the wheel of his car. Goodman’s blood alcohol level three hours after the accident was more than twice the legal limit.  Goodman also received attention when he recently adopted his 42 year old girlfriend. Goodman’s attorneys say the adoption was to protect a $300 million trust fund for Goodman’s two biological children, who are now suing him because they are opposed to the adoption of his girlfriend as their new sister.

Goodman’s attorneys plan to appeal the case citing multiple errors committed before and during the trail, which he claims played a role in denying his client a fair trial. Sentencing is scheduled for April 30, 2012. Goodman could face as much as 30 years in jail.

Florida DUI Criminal Attorney
Florida DUI laws are complex. If you have been arrested for a Florida DUI, you should contact a FL criminal lawyer to defend you. The attorney understands the Florida DUI laws and can get your charges reduced to a lesser charge, probation, community service, get your enrolled in a drug or alcohol treatment program, help you obtain a hardship reinstatement license if you qualify or get your case dismissed.

Contact an Imhoff & Associates DUI Lawyer Today!

Medical Marijuana Crackdown in California

Although California SB 420 was approved in 2004 setting forth the guidelines regarding the use, possession, distribution and growing of medical marijuana in California, four U.S. attorneys in California are conducting a statewide crack down on medical cannabis cultivators and sellers. They have sent warnings in San Diego, San Francisco and other California cities to state compliant facilities advising them that they may be in violation of federal laws regarding drug free school zones, forcing these businesses to either move or shut down. Federal attorneys in California have also sent hundreds of letters to landlords who rent their properties to cannabis dispensaries advising them that their property may be subject to civil forfeiture, and that they could face prison time. Federal attorneys have even gone so far as to threaten newspapers and magazines that advertise marijuana.

Federal regulators have also cracked down on banks in California, Colorado and Michigan that do business with dispensaries barring them from accepting cash deposits or processing credit and debit card transactions from these state cannabis dispensaries. The IRS has also recently handed down a $2.5 million dollar ruling against a major California medical cannabis dispensary citing a portion of the IRS tax code that was meant to target drug cartels, barring marijuana businesses and dispensaries from taking business tax deductions. As a result, the IRS is now seeking millions of dollars in back taxes against this California dispensary company. In Rhode Island, the governor has shut down the state’s dispensary program because the Justice Department was threatening to prosecute employees who worked in the production or distribution of marijuana. Michigan attorney general and the courts are working to get rid of the state’s marijuana law program even though the law passed with 63% public approval.

The possession, use, sale, distribution, growing and/or transportation of marijuana that does not fall under the California medical marijuana statute is illegal in California. California Health & Safety Code Section 11018 defines marijuana as “ all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.”  Persons who are caught violating the California marijuana laws may be charged with a misdemeanor or felony and subject to imprisonment, jail time, fines and or both (California Health & Safety Code Sections 11357-11362.9).

If you have been caught up in the Federal government’s recent medical cannabis crack down in California and are facing California marijuana possession, use, sale, distribution, transportation or other related marijuana charges, you should contact a California Criminal Lawyer to defend you. The attorney will build a strong defense to get your charges reduced, probation, enrollment in a drug or alcohol treatment program, community service or get your case closed.