America's Criminal Defense Group - Our Legal Blog

The 6^th Amendment to the US Constitution guarantees the right of the accused in a criminal prosecution to confront those witnesses against him/her.  However, in a disturbing trend, prosecutors throughout the nation, have been using prior police report statements to assist their prosecution where the witness is unavailable, or refuses, to testify against the accused at trial.  http://www.latimes.com/news/local/la-na-giles26-2008jun26,0,7381319.story

The US Supreme Court today reversed an LA man’s murder conviction, by ruling that no exception to the confrontation clause existed in his case.  Dwayne Giles was accused of murder after he admittedly shot his girlfriend six times at his residence. He and his criminal defense attorney claimed self-defense.  To attack his self-defense claim, prosecutors used the testimony from police officers who stated they had previously received reports from the victim that her life had been threatened by Giles.  This testimony convinced the jury to convict Giles.

Now, in order for the prosecution to use out of court statements, where the witness is not available, or refuses, to testify, they must also prove the accused committed some act to silence the witness.

The attorneys at America’s Criminal Defense Group understand the somewhat confusing evidentiary rules that serve to protect the accused, and are available to defend those who find themselves in the defendant’s position. http://www.americascriminaldefense.com/ 

The FBI and the Department of Justice (DOJ) announced Thursday, June 19, 2008, the indictments of hundreds of real estate industry players since March, 2008.  According to FBI estimates, the American public has been victimized by numerous real estate fraud schemes at upwards of $1BB.  “Mortgage fraud and related securities fraud pose a significant threat to our economy, to the stability of our nation’s housing market and to the peace of mind to millions of Americans,” Deputy Attorney General Mark Filip said in a statement. Over 400 people have been arrested since March as a result of “Operation Malicious Mortgage,” say FBI officials.  (http://www.cnbc.com/id/25265871)

“Most mortgage and real estate fraud charges focus around the initial applications filed by brokers and agents on behalf of their borrowers,” says Anthony Partipilo, managing director of America’s Criminal Defense Group.  (http://www.americascriminaldefense.com/html/white-collar.html#intellectual-property) The most common claims surround the misstatement or overestimation of income or assets, forged signatures on loan docs, or misrepresentations of the terms and conditions of the loan to the borrowers. Other areas of fraud can also be found in the inflated appraisals of real estate, or the misrepresentation of the borrower’s intent to occupy the property as a primary residence. (http://www.msnbc.msn.com/id/25259083/)

Although some would claim that such incidents should be left to the civil courts, more and more law enforcement agencies at both the state and federal levels are actively pursuing those accused of contributing to the declination of the mortgage industry in criminal court.  Any misrepresentation on applications or a poor explanation of the details of a loan, are landing many unsuspecting borrowers in hot water.  It seems the more successful you were during the real estate boom, the more likely your successes will come under suspicion and criminal investigation.

The attorneys at America’s Criminal Defense Group are fully aware of the intricate details involved in real estate and mortgage fraud charges, and are ready and able to counsel and represent the accused.

A recent article in the LA Times http://www.latimes.com/news/local/la-me-quota18apr18,0,668020.story?page=1, reported the use of a “quota system” in the federal prosecuting attorney’s office. Some current and former prosecuting attorneys acknowledged that they were directed to prosecute many cases that normally would not have been prosecuted. And the result for not following directions - Repercussions like unwanted job transfers, as well as a dock in their role as a prosecutor.  What these sources revealed is not only appalling, but an outright unjust and unethical way of practicing.

Apparently, attorneys in the Los Angeles US Attorney’s Office were given “encouragement” through the use of “performance goals,” by two of their bosses. Meet the goal, and not only do you not suffer any repercussions, but it may also include a financial incentive - a Bonus!  Who ever heard of someone getting a bonus for the amount of cases they prosecute?

This definitely raises a lot of questions regarding what the true motives are behind some criminal prosecutions. It blurs the line between justice for possible victims of crimes, by giving a prosecutor a financial incentive to prosecute a crime. It is no longer about doing justice, but doing whatever needs to be done to get paid, and advance your career.  And sometimes, this may mean a person who has not done anything wrong (which the evidence most likely shows), will continue to be prosecuted.  It is not about justice at that point, but a bonus check for the prosecutor.

Of course, we can’t use this to suspect every prosecutor of using ulterior motives when prosecuting a case. However, with quota systems like this in place, it definitely raises questions about what criminal justice is all about, and increases the need for more people to hire aggressive attorneys, like those at America’s Criminal Defense Group.

Higher education is not supposed to literally mean “high”-er education. Although, apparently for many SDSU students, they took that term and used its street meaning to great lengths on campus. According to several news reports, the Sand Diego DAs office, the Federal DEA has completed an extensive undercover drug operation on the campus of San Diego State University. According to reports, over 70 students, including fraternity leaders, were involved in regular drug sales on campus. It is not yet publicly known to what extent the individuals on campus were involved, but there are indicators that show a great deal of student involvement in the daily sales. Reports showed images of text messages sent from alleged sellers to the “faithful customers.”

Now, if you are not yet aware, the possibility that this “operation” was run by students is far fetched. Chances are a local drug dealer saw an opportunity to find plenty of small time sellers (eager to make a quick buck) who could easily establish some rapport with a plethora of buyers. This most likely produced a steady flow of sales to the real dealers - those that were not students at SDSU.

One thing that all those involved in this operation should know - if you’re a college student, you probably had a lot going for you. A drug dealing charge on your record could easily tarnish your record for life. The people in this whole deal who should be the most concerned, however, are the real drug dealers who were pushing their product on to the students at SDSU. With your once loyal sellers being students, and having so much to lose - it’s just a matter of time until they all start turning states evidence against you. Those once loyal sellers will be the same individuals testifying against the dealers at their criminal trial.  One thing is sure - all of those involved in the drug operation will need to hire outsanding criminal defense attorneys. The attorneys at America’s Criminal Defense Group have handled hundreds of drug cases - they know that each defendant will need a different type of representation. These defendants will need the type of attorneys at America’s Criminal Defense Group who just got a client a great outcome after he was caught with over 100lbs of marijuana in the bed of his truck!

Recently CNN reported that a trailer park in Pinellas County, FL had become somewhat of a haven for convicted sex offenders. One resident, a registered sex offender named Michael, called the park a “paradise.” He is just one of thousands of registered sex offenders across the nation dealing with the strict rules regulating what he can and cannot do on a daily basis. As he puts it, “as a sex offender, you’re told, you can’t do this . . . can’t go near a park, school, bus stop, church . . . but we do want you to do this . . .  just not “here.”  Well, the problem, according to Michael and many other people in his position, is that the definition of where “here” is, is becoming more restrictive everyday.  Unlike any other crime, where a prison sentence is imposed and the convicted felon serves his time, a sex offender has the added burden of registering, sometimes for life, as sex offender.  http://www.cnn.com/2007/US/10/17/trailer.sexoffender/index.html?iref=newssearch#cnnSTCVideo

Recently in California, residents passed Proposition 83 (Jessica’s Law), requiring newly convicted sex offenders to submit their persons to life-time monitoring by the state. Now, California law enforcement officials are feeling the added burden and expense of developing affordable programs to carry out the intent of the bill’s writers and the desires of the voters.  http://www.latimes.com/news/local/la-me-offenders19oct19,0,6116786.story?page=1&coll=la-home-center  This law, and others like it across the nation, are being challenged by criminal defense attorneys who feel the law is unconstitutional. With the added difficulty of deciphering the meaning of laws, figuring out who the laws apply to (does it apply to dangerous sex offenders, or the 19yr old-boy who had sex with his 17-yr old girlfriend, or both), and implementing some process of enforcement, we may see more of the sex offender parks springing up around the nation.  As a Sgt. from the Pinella’s County Sheriff Sex Offender Tracking unit put it, “They’re gonna see us in here very, very frequently, and we’re gonna make sure they are abiding by the registration requirements.” Maybe this is the answer. Create parks designated for sex offenders only.

Hey Nation, get ready, because here comes ”SEX OFFENDER LAND!”

Within the last 48 hours there have been two major incidents involving our youth at school. First, Asa Coon, shot and wounded two students and two teachers at SuccessTech Academy in Cleveland, OH.  Second, a home-schooled teenager who had apparently amassed a cache of weapons, including a hand grenade, and had sought to recruit another boy, was charged with solicitation to commit terror for a possible school attack in PA. Since then, videos and photos have been leaked showing the terror that some of the students faced, as well as images of the weapons that were gathered. It appears that in both incidents, the two suspects were the victims of taunts and being bullied by other students. http://www.cnn.com/2007/US/10/11/student.arsenal/index.html   http://www.foxnews.com/story/0,2933,301065,00.htmlhttp://www.foxnews.com/story/0,2933,301065,00.html

These tragic incidents are a perfect example of why school officials are now taking a strict approach when responding to any hint of terrorism among students. A simple blurb in a school writing assignment, or a once innocent comment intended on venting one’s frustration will undoubtedly be taken out of context - all because school officials can no longer afford to brush rumors aside. Parents need to watch their children more closely than ever before. Prepare yourself. The onslaught of students being accused and charged with terrorist threats at school is about to increase nationwide. The criminal defense attorneys at America’s Criminal Defense Group are proactive when it comes to defending this type of allegation. Early communication between your child’s criminal defense attorney and law enforcement is the key to protecting your child from being labled the next “Columbine Wannabe.”

http://www.americascriminaldefense.com/

It was reported by the LA Times on Thursday, Oct. 4, that the Los Angeles Sheriff’s Dept. conducted a five-city “arrest contest.” According to the report, the contest, dubbed “Operation Any Booking,” coordinated by Lt. Tatreau, aimed at making as many arrests as possible in a 24-hr period. The contest involved the five southeast LA cities of Lakewood, Bellflower, Paramount, Artesia, and Hawaiian Gardens. Tatreau described the contest as a morale booster and “a friendly competition to have a little fun” for “bragging rights.” Los Angeles officials are now investigating all arrests made during the “competition” to check the validity of those arrests. One attorney from the Public Defenders office is contending that “the activities of the deputies may not have been prompted by what they saw but rather by the pressure of producing greater arrest numbers for the competition.” http://www.latimes.com/news/local/la-me-game5oct05,1,893269.story.

This blatant abuse of police authority is a disgusting demonstration of what is wrong with the current criminal justice system. A spokesman for the Sheriff, Steve Whitmore, is on record stating”these are good, solid arrests,” without investigating the acts of the officers. When are the police going to realize that their actions have a tremendous effect on peoples’ lives??? Is this what it’s come to . . . is this the only way to boost morale in the Sheriff’s dept? It certainly would be a shame if anyone arrested during the Sheriff’s little contest was factually innocent, and they ended up pleading guilty because they couldn’t afford good legal help. America’s Criminal Defense lawyers strive everyday to help out people who find themselves in the position of fighting unfounded criminal charges. If you need help, don’t hesitate in calling our law office. http://www.americascriminaldefense.com/

Jacksonville University running back Rudell Small had drug charges dropped against him by prosecutors after it was discovered that a competing teammate planted the marijuana in his room. Small, a freshman running back, had won the starting spot over Junior running back Cecil Coltrane. Coltrane admitted to police that he planted more than 20 grams of marijuana in Small’s dorm room, and reported this to authorities. http://www.latimes.com/sports/la-sp-pot5oct05,1,7058199.story

Small successfully maintained his innnocence, undoubtedly under immense pressure from school and local authorities. After he was suspended, it would not have been surprising to see such a young athlete succumb to the pressure. He was smart though, and fortunately for him, a reall investigation was conducted, and the true perpetrator was discovered. Authorities now are deciding whether to charge Coltrane. America’s Criminal Defense attorneys know that client’s innocence can be proven, as long as there is time and an understanding client. We fight for all of our clients, and sometimes we are able to get police to really look to the facts, and get our clients out of trouble.

Fashion designer Anond Jon had his 59-count indictment unsealed Thursday, Oct. 5. He faces a total of 59 sexual assault charges, including forcible rape, lewd acts upon a child, contributing to the delinquency of a minor, sexual battery by restraint and attempted forcible oral copulation. The DAs office has said there are a total of 20 victims, ranging in ages 17-27. Jon has been in custody since March, 2007, and is being held without bail (likely because he is not a US citizen). http://www.latimes.com/news/nationworld/la-me-jon5oct05,1,3112547.story

This is a case where Jon’s original attorney in March, 2007, made a statement to the media professing his client’s innocence to the forcible rape charges, however also mentioning that he believed one of the girls he was involved in was 18 years old (legal age of consent in CA). Sound like an admission of statutory rape to you??? This is why it is critical to retain an experienced criminal defense attorney. Like this case, an attorney must be experienced in handling not only the court room, but also the media, as often times high-profile cases start outside of the courtroom. Remember, anything you, or your attorney say, may be recorded and later used against you. This is why you must be aware of what you say and how it might be interpreted. America’s Criminal Defense attorneys have extensive criminal defense experience, and know how to handle high profile cases, especially when it comes to dealing with the media. Sometimes it’s better to deal with a client’s case in the courtroom, and avoid becoming a media whore!

Drug Enforcement Administration (DEA) Special Agent in Charge Javier F. Peña announced today the service of multiple federal search and arrest warrants in an investigation relating to Tainted Incorporated, a manufacturer of marijuana-laced candies. As a result of today’s enforcement operation, agents seized hundreds of marijuana-laced products, approximately 460 marijuana plants, one handgun, an unknown amount of U.S. Currency and a 2005 GMC Truck. Some of the marijuana-laced products seized include chocolate candy bars in multiple flavors, cookies, ice cream, peanut butter, jelly, BBQ sauce, chocolate syrup, flavored energy drinks, granola bars, moon pies, brownies, chocolate covered pretzels, and “rice krispy” treats. http://www.usdoj.gov/dea/pubs/states/newsrel/sanfran092707.html

This is another example of how the federal government is still refusing to recognize the decision of California residents to legalize marijuana for medicinal purposes. Unfortunately, this places California-legal based marijuana businesses in jeopardy of violating the federal law, and subjecting their business and their persons to federal prosecution. The last owner of a marijuana based business similar to Tainted, Inc., was sentenced to nearly 6yrs in federal prison earlier this year.  America’s Criminal Defense attorneys understand just how the feds are prosecuting these cases, and have successfully represented criminal defendants being caught up in messes like this.