DeCoatsworth is accused of forcing two women to "engage in the use of narcotics and sexual acts" after they left a party with him early on Thursday morning. Court records indicate that he brandished a handgun in persuading the women to act.
]]> The arrest signifies a tremendous fall from grace for the officer formerly hailed as a hero. In 2007, he was shot in the face by a shotgun during a traffic stop. However, he was still able to chase down (and arrest) the suspects. The efforts earned a call from Vice President Joe Biden to attend a joint session of Congress as President Obama delivered a speech in 2009 (which was essentially an unofficial State of the Union).
Meanwhile, an investigation into the allegations is ongoing. DeCoatsworth is being held on $60 million bail.
Sex crimes are serious, emotionally charged offenses that require the prompt intervention of an experienced criminal defense attorney. In these situations, it is just as important to learn about the backgrounds of everyone involved as it is to know all the facts in the case.
Also it is important to establish credibility and be able to tell the story in one's own words (outside of questioning by police). Many sex crime suspects believe they are simply "clearing the air" and telling their side of the story, when they are merely setting the foundation for their own arrest.
Source: CBS News.com, Richard DeCoatsworth, former Philadelpia cop once hailed as hero, charged with raping two women, police say, May 20, 2013
]]>The Supplemental Nutrition and Assistance Program (SNAP) gives authorized recipients a benefits card (instead of food stamps) that can be used to purchase food at selected stores. Transactions are conducted through a special terminal that tracks the amount of benefits remaining on the card.
]]> According to the U.S. Attorney's Office, the manager reportedly traded SNAP cards for cash, enabling him to redeem a profit. Federal prosecutors also allege that the manager added himself to the authorized account that SNAP purchases were routed to. Not only was he alleged to sell cards illegally, he was also collecting proceeds in violation of federal law.
The scheme was reportedly carried out between February and November 2012. Prosecutors allege that the store collected more than $2.8 million in that time, nearly 10 times more than what was commonly collected.
The manager is currently charged with one count of theft of U.S. funds, which carries up to 10 years in prison and a $250,000 fine.
White collar crimes are often complex financial crimes that require a great deal of investigation and documentation to prove...and defend. The assistance and guidance of an experienced attorney cannot be understated. If you have been charged with, or are currently under investigation for, a white collar crime, having a lawyer involved in the early stages can mean the difference between being charged with a crime and enjoying a profitable business enterprise.
Source: Philly.com, Grocery manager charged in $1 million food stamp fraud, May 16, 2013
]]>For these reasons, Senator Bob Casey (D-Pennsylvania) is proposing a bill that would make witness intimidation or harassment a federal crime. While witness intimidation is already a crime in Pennsylvania, Senator Casey's legislation would focus on prosecuting people who cross state lines to contact witnesses.
]]> With the use of social media and cellular communication, interstate witness intimidation has become a national issue. He noted the Philadelphia Inquirer's recent report on the number of witnesses in criminal cases that have been murdered. As such, the legislation would create federal funding to relocate witnesses or otherwise protect them in their current locales.Casey introduced similar legislation to Congress last year, but it was unsuccessful at the commitee level. He insists that it did not pass out of lack of support, but instead was defeated by other priority items.
Time will tell as to whether Casey's bill will win the required support. Other congressmen have tried to garner support for witness protection to no avail. Former Senator Arlen Specter had done so years ago, and Representatvie Elijah Cummings (D-Maryland) had won support for such a bill in the House. However, Cummings' bill was defeated in the Senate.
The legislation against witness intimidation underscores the seriousness of drug crimes in Pennsylvania, and the need for experienced legal counsel in these instances.
Source: Philly.com, Senator Casey strives to make witness intimidation a crime, April 28, 2013
]]>According to a U.S. Census Bureau report, one in four teen drivers admitted to driving while under the influence of alcohol. Even more troubling, many believe that alcohol does not impair their ability to drive. Overall, the report suggests that of the 13 million teen-aged drivers across the country, 23 percent have been behind the wheel while drunk or impaired by marijuana or other drugs.
]]> This may certainly be a shock to parents of teenagers, as well as the communities where they live. No one wants to have the pain and anguish that comes from a fatal accident caused by drunk driving.While law enforcement agencies have a vested interest in public safety, it is also important to realize that their primary duty is upholding the law. Teens with any alcohol in their systems while behind the wheel will be charged with a crime. While they may not face the harsh consequences that adults may deal with, a drunk driving conviction may affect a teens' ability to get into college or obtain certain scholarships.
As such, it is important for parents and teens to have honest and frank conversations about alcohol use and set expectations about driving while under the influence.
Nevertheless, teens are bound to make mistakes. If your child has been charged with a crime, an experienced criminal defense attorney can help.
Source: nbc11news.com, One in four teens admits driving under the influence, May 2, 2013
]]>According to a number of news reports, Toth was stopped by Atlanta police after driving in the wrong lane. Once her husband was arrested, Witherspoon reportedly became upset and exited the couple's car in an attempt to persuade the officer to stop the arrest. The officer allegedly told Witherspoon to get back in the car, to which she reportedly responded "Do you know my name?" "You're about to find out who I am!"
She was arrested for disorderly conduct.
]]> Witherspoon admitted later that she was embarrassed about her conduct, and that she had a few too many drinks. However, the story underscores the importance of not trying to take on the police in their arena...even if you believe your rights are being violated. There is a forum to address police misconduct, and the street is almost never the right one.As such, an experienced criminal defense attorney can help those arrested (for drunk driving or disorderly conduct) by analyzing the facts and advising on the best course of action to defend against the charges. As we have posted previously, one of the most important pillars in our system of justice is the right to challenge the allegations set against the accused.
Suffice it to say, if you are charged with a crime, claiming celebrity status won't get you very far, but a solid legal defense will.
Source: People.com, Reese Witherspoon arrest: 'I'm very sorry', April 22, 2013
]]>To combat this practice, some law enforcement agencies now incorporate "no refusal" strategies in order to quickly get a search warrant that will enable police to take blood samples which will contain evidence to prosecute a drunk driver. This may entail having a judge onsite (at a sobriety checkpoint, for example) to approve warrants.
]]> However, modern technology may alleviate the need for having a signing judge nearby. A new app allows police officers to complete warrant forms directly from their onboard computer which are sent to either a waiting judge or a search warrant center.Some agencies, such as the Phoenix Police Department, are enjoying success with the new app. A USA Today report indicates that officers can get search warrants 10 minutes after submitting a request. This alleviates the need for officers to drive to a police station, fax a warrant to the courthouse, wait for an answer, they arrange for a nurse to administer the test. Through this process, a great deal of time may pass, which (in the eyes of law enforcement) allows vital evidence to dissipate.
Even with new ways of obtaining search warrants, probable cause must still be clearly established. Moreover, these warrants can still be challenged.
Source: USA Today.com, Phoenix Police speed up DUI search warrant process, April 12, 2013
]]>Another prank called "gallon smashing" has also caught on. Essentially, pranksters will walk into a store, grab large containers and pretend to lose their balance and fall, only to smash the glass containers on the storeroom floor.
]]> Police in southern New Jersey have arrested three teens who walked into a Walgreens and smashed liquid containers on the floor. They believe that they were responsible for another smashing incident in a CVS store. The pranks raised more confusion than concern with authorities, even though they worry that an unwitting customer will eventually slip and fall due to the pranks.Moreover, the pranks amounted to a crime, which (according to authorities) caused more than $500 in damages.
The teens will likely be charged in juvenile court. There are a number of differences between juvenile court in adult criminal courts. One important aspect is that juvenile courts focus on rehabilitation as opposed to punishment. Also juvenile court records may be sealed after the offender reaches age 18. Indeed, jail time may be a part of a juvenile court sentence, but financial restitution is often an alternative option.
Nevertheless, an experienced attorney can be helpful in advising teens so of their legal rights and options should they be charged in a criminal matter.
Source: NBC Phildadelphia.com, 3 teens arrested in 'gallon smashing' incident, March 22, 2013
]]>At trial, prosecutors highlighted the fact that he did not want to answer that question, and that an innocent person would exclaim that he didn't do it. Instead, they explained how Salinas' body language showed how he was evasive, uneasy and exhibited signs of guilt. The jury convicted Salinas and he was sentenced to 20 years in state prison.
Salinas appealed, arguing that prosecutors should not comment on a defendant's silence at trial, and that the use of his silence during pre-arrest questioning violated his Fifth Amendment rights. Both the Texas Court of Appeals and the Texas Court of Criminal Appeals (the state's supreme court for criminal matters) found no such violation because a suspect is not compelled to speak with police absent an arrest.
The case will be argued before the U.S. Supreme Court on April 17th.
Source: ABA Journal.com, Court weighs whether a prosecutor can use defendant's refusal to answer a question, April 1, 2013
]]>The question of whether such cause exists (before a search is conducted) has garnered considerable debate. The U.S. Supreme Court recently decided a case (Florida v. Jardines) where a dog was used to inspect the front porch of a home. When the dog "alerted" to the scent of marijuana, police officers believed they had obtained probable cause to search the home. When they did, they found that the home housed an illegal growing facility.
]]> The homeowner was charged with a crime, but his lawyer argued that the search was improper because it violated his Fourth Amendment right to privacy within his home. The Florida Supreme Court agreed, finding the case similar to Kyllo v. United States, where the U.S. Supreme Court found that when the police use devices not normally used by the public to learn about the interior of a home, such probing constitutes a search.In the present case, the U.S. Supreme Court found that the use of a drug sniffing dog was a search for Fourth Amendment purposes, and was conducted without sufficient probable cause. We believe the ruling is important in setting important boundaries for police searches and distinguishing between the privacy rights expected in different venues (i.e. a car as opposed to a home).
If you have questions about the constitutionality of a search conducted by the police, an experienced criminal defense lawyer can advise you.
Source: Scotusblog.org, Opinion issued in Florida v. Jardines, March 26, 2013
]]>The officer was arrested and charged with DUI after being involved in an accident. Few details have been released regarding the cause of the crash or whether other people were injured. However, a WPVI.com report indicates that the officer (who has been with the police department for 23 years) was off-duty when the accident occurred.
]]> As a matter of course, he was detained and given a breathalyzer test at the scene. His BAC showed that he was over the legal limit of .08. In addition to drunk driving, the officer was charged with a host of additional offenses. While the report did not indicate whether an internal investigation has begun, the officer has been put on administrative leave pending the results of such an inquiry. It is uncertain at this point what type of discipline he may face from the police department.Even though he is a police officer, he still faces criminal and administrative consequences if convicted. A misdemeanor DUI conviction can be punished with jail time and thousands in penalties and fines. Nevertheless, he is afforded the same legal protections as the very people he places under arrest. As such, the services of a skilled criminal defense attorney (regardless of the irony) would be beneficial.
Source: ABC7local.com, Philadelphia police officer charged with DUI after crash, March 12, 2013
]]>The exact numbers and rankings for the Philadelphia County area (which ostensibly ranks first) was unavailable, as traffic tickets in that region are kept separately. Nevertheless, researchers found that police have written more than 1,100 tickets for texting while driving since the law has been in effect. They continue to find drivers who violate the law, even though officers are prohibited from seizing drivers' phones to check on when their last message was sent (or received).
We found this story interesting because drivers polled by AAA were more worried about drivers on cell phones than drunk drivers. This implies that texting drivers are more likely to cause a serious accident than drunk drivers. Because of this notion, it is likely that a "texting" ticket will not be thrown out or reduced unless defeated on legal grounds.
Source: WITF.org, Midstate ranks high on list of texting-while-driving tickets, March 11, 2013
]]>The death deeply affected her family, especially daughter Bobbi Kristina. It was even reported that former husband Bobby Brown took the death exceptionally hard, and a number of gossip magazines suggested that he began drinking heavily to cope with the pain of Whitney's death. There is certainly some truth to these rumors, as Brown was arrested twice in 2012 on drunk driving charges (once in March, and again in October). These charges follow a 1996 arrest that resulted in a DUI conviction.
]]> As a result of the October arrest, Brown pleaded no contest and will spend 55 days in jail. Before turning himself in to authorizes, he must also enter into an alcohol rehabilitation program. He must also pay a host of fines and penalty assessments and install an ignition interlock device on his car.We find this story interesting because it follows a normal course of action for people with multiple DUI convictions. In many cases, courts will recognize that a defendant has a substance abuse problem and require participation in alcohol recovery programs as part of their sentence in lieu of long stints behind bars.
If you have been arrested on a subsequent drunk driving charge, it is important to speak with an experienced criminal defense attorney to learn about your options.
Source: VH1.com, Bobby Brown is heading to jail for DUI, February 27, 2013
]]>The drug crimes the man has been charged with are serious offenses. According to reports, the 58-year-old deli worker has been charged with several offenses, including three felony counts of possession with intent to distribute a controlled substance.
]]> Police reported that they had received information in December 2012 about a deli worker in Hatfield Township who was selling marijuana. While conducting an investigation, police allegedly identified which employee was selling marijuana. Police then reported that an undercover officer made contact with the deli worker and purchased marijuana from the worker on three separate occasions.The undercover officer allegedly purchased one ounce of marijuana from the worker on Jan 9, Jan. 25 and Feb. 22. All of the transactions took place in a school parking lot, police reported.
The deli worker was arrested last week after the third transaction. The man's vehicle has been seized. Police reported that they also seized $3,400 in cash.
Individuals who are accused of committing drug crimes will want to consider the benefits of working with an attorney when moving forward with their cases in court. Drug crime offenses often carry harsh penalties, such as jail time and fines. Defendants will want to be aware of the consequences they may face for the crimes they have been accused of committing, and they will also want to be aware of their defense options when it comes to fighting drug charges. An experienced and aggressive criminal defense attorney can assist individuals who need to resolve these issues.
Source: Montgomeryville-LansdalePatch, "Pot dealer sold to undercover cop in school parking lot, police say," Tony Di Domizio, Feb. 25, 2013
]]>Even with the inherent strength and veracity of statements made over social media, sometimes the "truth" can exposed as a lie. In the case of a Michigan fireman accused of raping a Beaver County woman, incriminating text messages may have actually been sent to frame an innocent man. Charges have been dropped in the case, and now prosecutors are looking into whether to file charges against the woman.
]]> The original case began when investigators discovered an ominous text message that suggested that a rape occurred. It appeared to have been sent from the fireman's phone, but new evidence indicated that the woman had hacked into his phone (as well as his social media accounts) and created false messages suggesting that he had committed a crime.After dropping the charges, prosecutors executed several search warrants to further investigate how much information was falsified. The results of the new probe will determine whether charges will be filed.
The story is a poignant reminder that people accused of sex crimes should consult an experienced criminal defense attorney. There are a number of pitfalls, as well as exonerating evidence that can be missed without the help of a diligent lawyer.
Source: TimesOnline.com, Rape charges dropped, accuser could be under investigation, February 11, 2013
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