The string of alleged thefts happened on April 30. Each involved Starbucks kiosks inside Safeway stores that were close by Capitol Hill. According to authorities, the first incident happened along 4th Street SW when someone stole cash from the coffee shop kiosk at the Safeway located there. The second two incidents each reportedly involved robberies at gunpoint.
]]> Police say they received a report about the first theft at about 6:20 p.m., with the other two happening an hour and a-half and two hours after that time, respectively. An arrest warrant was subsequently issued and Washington, D.C. police took the suspect into custody at about 3:45 a.m. on May 1. According to a news report about the case, the arrest warrant was issued based on the strength of the descriptions provided by witnesses.However, as the arrest took place hours after the last armed robbery, it may well be that this is a case of mistaken identity. Moreover, even good eyewitness reports may get some details wrong, and witnesses may even disagree with one another about the appearance of the suspect.
With this young man facing two counts of armed robbery and one count of theft, he needs to consider what steps to take to present a strong and meaningful defense with the aim of obtaining the most favorable result.
Source: The Washington Post, "D.C. police: Arrest in armed robberies at Safeways," Clarence Williams and Martin Weil, May 1, 2012
]]>As some may recall, the District of Columbia announced about two years ago that there were serious flaws with the devices police used in determining the blood-alcohol content of an allegedly drunk driver. In particular, the devices were producing inflated results, and nearly 400 people were affected. The errors were all the more serious as a charge of drunk driving can lead not only to criminal penalties but can also cause reputational harm.
]]> At least four of the affected drivers subsequently brought a lawsuit against the District, and they reached a successful resolution of that suit recently. According to documents filed with a D.C. court on May 7, the city has agreed to pay the four roughly $20,000 collectively. The amounts range from as low as to $2,001 to as much as $8,001.Since then, Washington has switched to tests it considers more accurate, such as urine tests and relying on eyewitness reports. Of course, neither of these themselves are completely accurate, and eyewitness reports may be particularly susceptible to error. Fortunately, the police must share their records with the accused in any court trial, and those records may be able to show whether the alleged blood-alcohol content level can be trusted. If the records are not complete or if an eyewitness is not available, it may be possible to dismiss a drunk driving charge.
Source: The Washington Post, "DC agrees to pay about $20,000 to 4 motorists to resolve allegations over flawed breath-tests," May 7, 2012
]]>It doesn't matter if you are accused of drunk driving in Washington D.C. or the Canadian border, a DUI charge is very serious and it can leave you without the ability to drive for many months. Losing that freedom through a license suspension can hurt your professional life, preventing you from earning your wages, and it would make seemingly-easy errands much more difficult to complete.
]]> The woman charged with a DUI in this story was driving in New Jersey on a Saturday night in January. Officers spotted her and seemingly had reasonable doubt to pull her over on suspicion of drunk driving. When they gave her a Breathalyzer to test her blood alcohol content after she failed a field sobriety test, it was revealed that her BAC was 0.21.That's much higher than the legal limit of 0.08, and it would have appeared that the woman was about to become another unfortunate drunk driving story. However, clearly did not perform a thorough investigation because prosecutors did not use her BAC as evidence. Why would they do that?
New Jersey law says that someone taking a Breathalyzer cannot have another foreign object in their mouth while breathing into the device. This woman had a tongue piercing, invalidating the Breathalyzer test.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk-driving charge in Mount Olive," Phil Garber, April 30, 2012
]]>Right?
]]> It certainly isn't right in Denver, Colorado, and this story coming from the Centennial State shows that poor reporting and mistakes by authorities could happen anywhere, drastically altering a criminal case.A lab technician at Colorado's Department of Health has been fired after it was discovered in March that he had erroneously completed 1,700 blood samples for people accused of drunk driving. Over the next month, and possibly longer, the state will have to expend more time and resources to retest the samples to attain the appropriate BAC readings.
The technician's samples were sent to a different facility which concluded that blood alcohol readings were actually lower than what the initial tester had claimed. The botched blood samples compromise the cases of many DUI suspects, and it could result in the charges against them being dropped.
Regarding the situation, a Denver attorney, who represents some clients who were affected by the incorrect samples, did not mince words. "It means that the reliability of the samples and the results that we've gotten from the Department of Health are called into question." Had this issue not been caught, people who were accused of a DUI may have been charged under false pretenses.
Source: CBS Denver, "Samples From DUI Cases Being Re-Tested," April 20, 2012
]]>Apparently the hospital was labeling patients as malnourished (as a secondary condition) even though they did not treat the condition. Federal investigators accused the hospital of posing leading questions to patients that would bring about a malnutrition diagnosis. Severe secondary conditions give increased reimbursements to hospitals under a 2005 policy change by the Maryland health Services Cost Review Commission, and malnutrition is considered "severe."
]]> Under the federal False Claims Act, the government can recoup losses through fraudulent activity by a person or company. In 2011, nearly $3 billion in fraudulent health care payouts were recovered through this act, a majority of the $5.6 billion recovered by the Justice Department under the False Claims Act.So how did federal officials find out the hospital was committing fraud? It's called "upcoding," where officials analyze billing patterns to uncover any irregularities. "Upcoding," however, is a complicated process that is "prone to human error" according to a different hospital being sued by the Department of Justice under similar charges of fraud. Their $8.1 million case is set to be heard in a U.S. District Court.
That hospital says that the code for malnutrition is similar to a different diagnosis, which causes increased (and inaccurate) malnutrition findings.
Source: Baltimore Sun, "Good Samaritan Hospital settles claims it defrauded health programs," Meredith Cohn, March 28, 2012
]]>Previous trials of the drug case resulted in a hung jury in 2006, followed by a conviction on one count of conspiracy in 2007 that dealt Jones a life sentence. However, Jones's punishment and guilty conviction were overturned by a D.C. appellate court in 2010, resulting in the Supreme Court decision earlier this year which upheld the notion that GPS evidence obtained without a warrant was a violation of privacy.
]]> So in the latest installment of the Jones saga, what are prosecutors using in lieu of the lost GPS evidence? Cell phone tower information.The data was unused in previous iterations of Jones's case and it seems the cell phone evidence may be thin, according to a challenge by Jones's attorney. He says prosecutors left out pertinent facts and details in their request to obtain the cell phone tower information, and that they even failed to mention him by name in the court order.
Maybe the most important part of the challenge made by Jones's attorney, though, is directed at the evidence gathered by prosecutors via the GPS device. Prosecutors will try to prove to a judge that police officers knew about Jones's stash house without the GPS device. Comparing this notion to "fruit of the poisonous tree," Jones's attorney said that the judge must suppress "any evidence directly or indirectly derived from that illegal seizure."
Source: Blog of Legal Times, "Lacking GPS Data, Prosecutors Turn To Cell Tower Information," Mike Scarcella, March 30, 2012
]]>The circumstances of the arrest gave the appellate court pause. An undercover officer facilitated what is called a "controlled delivery." The officer delivered the package to the man, even though the intended recipient had a slightly different name and even though the arrested man hesitated to accept the package. Only when the undercover officer insisted on his signature did he accept the package of drugs.
]]> There was prior evidence that the marijuana was headed towards the man's house. A postal worker was suspicious of the package and flagged it for inspection -- that's when the authorities began the "controlled delivery."The debate on this ruling stems from the man accepting a package that wasn't intended for him, at least according to the name on the package. As one of the judges noted while speaking for the panel, "probable cause requires some fact suggesting the recipient's awareness that the package contains contraband." Since the police already had reasons to target the man, the court did not need to rule on their use of probable cause.
There are elements of entrapment at work here -- though that wasn't discussed in the appellate court -- as it could be argued there was reasonable doubt to suspect the man who originally did not want to sign for a package that wasn't his.
Source: Blog of Legal Times, "D.C. Appeals Court Upholds Conviction for Drug Delivered by Mail," Zoe Tillman, Mar. 22, 2012
]]>According to a new study, when a police officer becomes physically exhausted during an altercation or a pursuit, they are not able to remember details about the crime in comparison to a non-exerting officer. The criminal defense implications of the study are profound.
]]> A professor from the University of Portsmouth studied 52 officers in Winnipeg, Canada and split them into two groups. One group would perform intense physical exercises until they were visibly tired, while the other group would not. Then an officer from each group was partnered together, and the two-man team went through a criminal exercise, after which the partners were assessed on their memory of the simulated incident.The study uncovered some incredible results -- approximately 90% of the officers who did not undergo physical exertion remembered at least one detail about the target suspect, while only 33% of the tired officers could recall seeing the target.
"Police officers are often expected to remember in detail who said what and how many blows were received in the midst of physical struggle or shortly afterwards," said the professor and lead author of the study. "The results of our tests indicate it may be very difficult for them to do this."
"As exhaustion takes over, cognitive resources tend to diminish," she said. "The ability to fully shift attention is inhibited, so even potentially relevant information might not be attended to. Ultimately, memory is determined by what we can process and attend to."
Source: CNN, "Cops more forgetful after chases or altercations," Saundra Young, Mar. 20, 2012
]]>First, some background: the 6th amendment of the U.S. Constitution grants many civil liberties to a defendant, such as an impartial jury and the ability to confront witnesses to the alleged crime. Maybe the most important aspect of the 6th amendment, though, is that it grants a defendant the right to adequate legal counsel at trial. Without that right, criminal defense cases would be easily corrupted or have unfair results.
]]> One man in Texas is finding this out under the most serious of circumstances. He was convicted of murder despite a lack of physical evidence and no witnesses that could link him with the crime. He appealed his guilty verdict, only to have his attorney file boilerplate papers that did not properly establish his case. The appeal failed, and now he is on death row - and trying to appeal that his lawyers did not fulfill their responsibility.The man may have a legitimate argument, and a verdict in Arizona could further his case. Martinez v. Ryan asks what happens when a person's appellate lawyer does not outline their client's case properly after the person's trial lawyer was also ineffective in court. Shouldn't the 6th amendment cover legal representation during an appeal as well? If the defendant in Martinez v. Ryan receives a favorable ruling, that precedent could be set.
Source: New York Times, "Appeal of Death Row Case Is More Than a Matter of Guilt or Innocence," Brandi Grissom, Mar. 10, 2012
]]>What does this mean? Well, for criminal defense purposes, it means that the sentencing in any individual case may be predicated more on which judge is assigned to the case than the actual factors, evidence, and circumstances of the accused crime.
]]> To prevent these discrepancies from permeating throughout the criminal justice system, Congress passed a bill in 1984 that set sentencing standards for judges who handled federal crimes. In 2005, however, the law was altered to be an advisory standard instead of a mandatory or regulatory one, opening up the possibility for sentencing disparity.According to TRAC, the sentencing disparities happened regardless of region. In New York's Eastern District, judges handed out two years sentence (on median average) in federal drug cases over the past five years. However, some judges delivered sentences that were half as long on average, and another judge was overly harsh -- giving a median sentence of 64 months.
Texas's Northern District had similar issues, as judges averaged anywhere from 60 to 160 months worth of jail time for drug cases.
Despite this evidence coming from federal crimes, it seems possible that state crimes would see a similar distribution for sentencing if judges were examined on their rulings. This information emphasizes the need for appropriate legal representation when you are charged with a crime. Experienced attorneys can help get your sentence reduced or, depending on the situation, have the charges dismissed.
Source: New York Times, "Wide Sentencing Disparity Found Among U.S. Judges," Mosi Secret, Mar. 5, 2012
]]>As a result, DWI charges - a more serious drunk driving offense than a DUI - sharply declined from 2010 to 2011. There were 519 DWI charges in 2010, plummeting to 109 the following year. The reason for this drop is due to a lack of reliable evidence that shows how intoxicated a driver may be. In D.C., a DUI can be given to someone even if they are under the legal blood alcohol limit of 0.08. A DWI, however, requires that the driver is over 0.08.
]]> Without Breathalyzers providing accurate blood alcohol readings, prosecutors are unable to charge some people with a DWI offense. This lack of concrete evidence is also affecting the prosecution of repeat DWI offenders who could be jailed if they have particularly elevated blood alcohol levels.The ambiguity of field sobriety tests and the less reliable nature of urine test results, in comparison with Breathalyzer measurements, create a gray area when prosecuting drunk driving cases in D.C. For some who are accused of a DWI, there may not be the evidence to support the charges against them.
Source: FOX 5, "DC Attorney General Says DC Having Trouble Prosecuting DWI Drivers,"
]]>While mistakes are a part of life, this error has very serious consequences for the 23-year-old, and it is an error that will shake not only South Carolina residents but citizens across the nation. The entire episode stems from an incident in 2010, where two men - a then 16-year-old and the 23-year-old who was then 21 - robbed three teenagers at gunpoint. The 16-year-old was holding the gun while the 23-year-old approached and participated in the robbery.
]]> After his arrest the 23-year-old pleaded guilty to strong-arm robbery, earning him 15 years in prison. The conditions of his conviction were that he would be sent to a level-2 prison (where lower-level offenders were placed). However, someone actually charged the man with armed robbery.That offense carries a "violent offender" label for the convicted person and also landed the 23-year-old in a maximum-security prison without a chance for parole. The only reason the error was noticed is due to the man's mother, who checked a criminal database and found the mistake.
We have talked about due process and your right to a fair trial before on this blog. This story is in the same vein, and it requires the attention and support of an experienced criminal defense lawyer. It is a matter of trusting your criminal justice system to work properly. In this case, that did not happen, and a man's life is being jeopardized.
Had the mistake never been realized, this man's life could have been permanently tainted upon release. The more serious charge would have made it increasingly difficult to obtain work and he could have faced further probationary or post-incarceration penalties due to shoddy work by the authorities.
Source: The Post and Courier, "Apparent clerical error sends man to violent-offender prison," Allyson Byrd, Mar. 1, 2012
]]>Sometimes in a drug case, the prosecutors can pursue penalties in an overly aggressive manner. This happens because the prosecutor may be trying to make an example out of the defendant or to be able to claim victory in a big case. A side effect of this action is that a defendant can be given punishment that does not fit the apparent crime.
]]> We do not know if that happened in this case, but a local 37-year-old man could be handed a life sentence in prison for his involvement in a drug ring. The man actually cooperated with the authorities, making a plea deal wherein he would plead guilty to various drug charges that included possession and trafficking, as well as gun charges. In exchange, he told investigators details and information about his experiences with the drug ring.The 37-year-old will be sentenced in May and will be given at least 10 years in jail - the minimum sentence for his crimes. His arrest came after the FBI and DC police completed a drug investigation that last roughly three years.
The 37-year-old is considered a mid-level drug dealer, according to the federal charges against him. He mainly operated in the northwest parts of Washington D.C. and parts of Prince George's County.
Source: Washington Times, "Guilty plea in case of D.C.-P.G. drug trafficking ring," Andrea Noble, Feb. 24, 2012
]]>When military service members return home after fighting for our country and proudly serving to protect us, they come home at a personal cost that few can understand. The loss of all benefits would deal a significant blow to the 33-year-old's ability to recover from PTSD, and the case in general puts a spotlight on the criminal justice system's handling of military veterans who face criminal charges.
]]> In addition to the lost benefits, the man could be discharged from the military and be sent to a court-martial because of the DUI charge.The Veterans Administration provides PTSD programs for military veterans, as well as other general medical treatments. The 33-year-old served had two tours of duty each in Afghanistan and Iraq. An IED explosion hurt the man on one of his tours, as he suffered a head injury from the ordeal. That injury and the 33-year-old's PTSD are covered by the Veterans Administration with his benefits.
The judge handling the man's case is looking at alternative means of rehabilitation for the 33-year-old. A Vietnam War veteran himself, the judge spoke words of support for the defendant when describing a possible probationary program the 33-year-old could enter. "We owe him that much for what he had done for us and this country. To do him out of the benefits is just crazy."
That program would grant the man temporary benefits and also give him the opportunity to see his DUI charge dismissed.
Source: The Tribune-Democrat, "Vets and crime: Judges consider service to country during sentencing," Sandra Reabuck, Feb. 4, 2012
]]>Unfortunately for a 26-year-old man being pursued for various traffic violations, it appears he was not only a victim of disorganized and passive police work, but negligence too. He was shot and killed last week in a seemingly unprovoked manner.
]]> The shocking sequence began when a man was driving through Baltimore County with no headlights on early in the morning. He was twice pursued by police, but in both instances the officers called off the chase. The 26-year-old eventually crashed, and the responding officer got into a fight with the man, who somehow stole the officer's police car.That car was found at a hotel, and when police responded to the new scene, a truck was leaving the parking lot. They pulled the vehicle over and wrestled three of the four passengers out of the car. The remaining man jumped into the front seat of the truck, drove off and eventually was shot by police officers.
It is not acceptable for any police department to allow someone to twice escape a pursuit for something as minor as no headlights, and then have those failures culminate in the death of a person. This story is compounded by the fact that it does not seem that the victim had a weapon on him or was making any threatening gestures, and yet the police used excessive force.
Police departments are held to a very high standard, and that is to ensure the safety of the public. This story shows that when the police are disorganized and lack restraint when trying to enforce the law, serious incidents and consequences can come of it. The family of the victim in this case may have the grounds to pursue legal action for the potential negligence showed by Baltimore County officers.
Source: Baltimore Sun, "Man shot and killed by police Tuesday morning," Jon Meoli, Feb. 2, 2012
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