Many derided the disparity in sentencing for similar drug crimes as unjustifiably inequitable; some went so far as to call it racist. Eventually the law was changed - two years ago, Congress passed the Fair Sentencing Act of 2010, which reduced the disparity from 100 to 1 ratio to an 18 to 1 ratio.
There is a question, though, about who can benefit from these new, fairer sentences.
Traditionally, changes to criminal laws apply only to people who committed their crime after the law took effect. However, in the case of the Fair Sentencing Act, some are arguing that the reduced sentences should be applied to people who committed their crime before the law was passed, but were sentenced after it went into effect.
The Supreme Court of the United States will resolve this question during its 2012 session.
]]> Case Turns on Notions of JusticeNormally, laws cannot be applied retroactively without specific direction from Congress. In this case, it provided none.
However, in a situation where Congress has clearly recognized that the old sentencing structure was unjust, some wonder why people should not get the benefit of a fairer sentence.
One appeals court judge, in his dissent, went so far as to call the notion that convicted crack cocaine dealers should continue to be sentenced under the old paradigm "perverse" and "gratuitously silly"
Essentially, the case pits traditional rules of interpretation against broad notions of justice and fair play. At this point, it is unknown how the court will rule. However, many groups, including the U.S. Justice Department and the ACLU are urging the court to apply the law retroactively.
]]>In a press release, the Director of the SEC's of Division of Enforcement accused the bank of using "gimmicks" to hide the deteriorating value of commercial real estate acquisitions to minimize company losses. The SEC is seeking financial penalties and injunctive relief against the bank, as well as sanctions that would bar the CEO from serving as a director or officer.
Federal white collar crime prosecutions pose serious challenges for accused professionals, because agencies such as the SEC have tremendous resources. A swift and aggressive white collar criminal defense is crucial when a client faces allegations of mortgage fraud, securities and antitrust violations, banking fraud, embezzlement, or money laundering.
]]> Complex financial fraud cases involve a web of data, federal laws and regulations, and assessments of standards such as accepted accounting principles. As soon as an individual suspects that federal investigators are suspicious of activity, he or she should consult with a white collar fraud lawyer to prepare for the possibility of defense.Whether or not a case involves a federal grand jury before formal charges are filed, the stakes are high. Working with an federal white collar crimes attorney who understands the potential criminal consequences as well as the implications for civil litigation can mean effective damage control, exclusion of harmful evidence or reduced charges.
]]>In the case at issue, police failed to follow the directions in a warrant to track a suspected drug trafficker. Law enforcement officers placed a GPS tracking device on the suspect's car outside the scope what their search warrant permitted. They subsequently tracked the suspected drug trafficker's movements in order to build a case against him. He was convicted largely based on the GPS evidence.
The Court found that when law enforcement attached the GPS device to the car, it was a search under the Fourth Amendment. Because the suspect had a "reasonable expectation of privacy" in his car and the police acted outside what the warrant allowed, the search was unreasonable.
According to the Supreme Court's ruling, law enforcement's approach to using GPS tracking devices must meet specific standards. Rather that attaching a GPS tracking device to a suspect's vehicle without a warrant, in most cases police will need to secure a well-supported warrant before moving forward.
]]> Effect on Criminal Prosecutions in California and BeyondLaw enforcement personnel are not prevented from using GPS devices to track the movement of suspects, but they must follow procedures to protect the constitutional rights of suspects. The Supreme Court justices took important steps to protect individuals' rights.
The justices, however, did not issue broad guidance on the use of other digital tracking and evidence-gathering tools. How such questions are resolved remains to be seen, and the Court certainly will be considering such issues as they arise in the future.
]]>In Kentucky v. King, police officers set up an undercover drug deal at an apartment building in Lexington, Kentucky. Following the deal, an undercover officer asked uniformed officers to arrest the drug dealer. The uniformed officers arrived on the scene and ran into the apartment building. As the officers entered they heard a door shut and saw two apartments at the end of a hall. They smelled marijuana coming from one of the apartments and assumed the drug dealer had entered that apartment.
When the officers knocked on the door and announced themselves, they heard noise that they thought was evidence being destroyed. They kicked down the door and found Mr. King along with marijuana and cocaine. The suspected drug dealer was actually found in the neighboring apartment.
]]> An Exception to the Warrant Requirement
Police may search without a warrant when justified by an emergency, referred to as "exigent circumstances." These situations might be when evidence will be destroyed, a life is endangered or a suspect might escape. However, the police cannot create the emergency justifying the search.
Justice Samuel Alito, who wrote for an 8-1 majority, said the conduct of the police did not violate the Constitution's protection against unreasonable searches and seizures. In reaching the decision, Justice Alito said that an occupant of a home still has protections and does not have to let the police enter the premises or answer questions.
In a solo dissent, Justice Ruth Bader Ginsburg found the emergency was manufactured by the police. The officers could have waited at the door, secured the area and requested a court warrant. The evidence would not have been destroyed, because the occupants did not know of the police presence.
The decision erodes the Constitutional protection against warrantless searches and seizures. Justice Ginsburg correctly questioned in her dissent, "How 'secure' do our homes remain if police, armed with no warrant, can pound on doors at will and, on hearing sounds indicative to things moving, forcibly enter and search for evidence of unlawful activity?"
]]>Gaines and Pierson wanted to challenge a 2008 California Supreme Court decision in Lawrence, wherein the court held that the prison system could not look to the crime for which a defendant was serving a sentence alone when making a decision about whether to grant parole. Instead, corrections officials are supposed to weigh the results of a psychiatric evaluation and a risk assessment test called a Static-99 in their decisions.
Gaines intends to propose legislation that would require that the California Parole Board factor in previous crimes when making parole determinations. He claims that it would prevent as many as 200 dangerous inmates from getting parole per year.
]]> Convicted sex offenders already face numerous hurdles after they finally do get out of prison. Laws govern areas in which they can live and work - not within certain distances of schools or parks - making finding housing and employment difficult and decreasing the likelihood that the offender will be successful after getting out of prison. Convicted sex offenders also struggle with community hostility, as the general public gets inflamed by sensational but very rare cases like the Dugard kidnapping, which contributes to difficulty in finding housing. Also, laws require many convicted sex offenders to register their addresses with local law enforcement when they do find a place to live.Given the "get tough" attitude towards convicted sex offenders in the California state legislature, it is more important now than ever that those facing sex crime charges seek experienced legal representation to ensure that they do not suffer because overzealous law enforcement and prosecutors think they are putting the next Philip Garrido behind bars. An attorney can make sure that the prosecutor is not over-charging a defendant or perhaps get the prosecutor to reduce charges so that the defendant would not be labeled as a sex offender and not need to deal with the social stigma and legal ramifications such a conviction carries.
]]>Smuggling, Other Cross-Border Crimes Targeted
The weekend raid - known as "Operation Tidal Wave" in law enforcement circles - was focused on disrupting the normal dealings of gangs and other criminal organizations that have been working with Mexican drug cartels in the United States. Curtailing drug trafficking was one specific goal of Operation Tidal Wave.
But, while groups involved in illegal activity were the target of Operation Tidal Wave, officers certainly did not overlook individual violations: just ten percent of the 49 suspects locked up following the sweep were documented gang members. A number of non-gang affiliated suspects faced charges for drug possession, drunken driving, parole and probation infractions and even traffic violations (almost 300 automobiles were stopped in the course of Operation Tidal Wave, resulting in 56 citations).
]]> When Facing Serious Consequences, You Need Professional HelpThe possible penalties for drug crime convictions vary widely based on the type of drug, the quantity in question and the intent of the suspect. Drug charges may be levied at either the state or federal level.
Generally, the penalties for sale or trafficking of illegal drugs far outpace those for possession for personal use. For instance, federal sentences for trafficking a quantity of cocaine base between 28 and 279 grams range from 5 to 40 years with up to a $5 million fine for a first offense; moving a cocaine base mixture of 280 grams or more can mean a prison term of 10 years to life and as much as a $10 million fine.
Felony drug charges can have lifelong consequences. If you have been arrested for a drug crime, you need an aggressive, experienced criminal defense attorney. A skilled attorney can help you in many ways, such as excluding evidence that is damaging to your case by exposing police misconduct or convincing the prosecution to drop trumped-up charges. When facing serious accusations, there is no substitute for a professional defense attorney dedicated to keeping you out of prison.
]]>California is not the only state taking a staunch stand against mortgage fraud. In fact, since 2009 when President Obama signe d into law the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act, all 50 states have been locked in negotiations with the banks and servicers to broadly settle allegations of misdoing when it comes to mortgage and foreclosure practices. Citigroup is one of five large banks involved in negotiations with all 50 state attorneys general investigating the banks' servicing and foreclosure practices.
]]> Fannie Mae reported that in 2010, California led the list of "top 10 mortgage fraud states" because of misrepresentations uncovered during the loan review process. Additionally, in 2010 California was third in the Mortgage Asset Research Institute's report on the 10 states with the highest rates of mortgage fraud. Penalties for persons involved in mortgage fraud are a maximum of 30 years in prison and up to $1 million in fines.The statute of limitations for bringing a mortgage fraud claim has been extended from five years to 10 years, allowing federal and state governments more time to build successful cases against those accused of committing mortgage fraud.Stopped as part of a routine traffic stop, Willie Gene Davis was arrested for providing police a false identity, while the driver was arrested for suspected drunk driving. Both men were taken into custody, handcuffed and placed into the back of police cars. After the men were placed into custody, the police proceeded to search the car the two men were traveling in. During the search the police found a handgun in Davis' coat.
Davis, a felon, was convicted of a felon in possession of a firearm. A conviction he appealed on the grounds that the search was illegal.
]]> While Davis' case was on appeal, the United States Supreme Court ruled on Arizona v. Gant. Gant stated that police need to obtain a warrant to search a suspect's car after a suspect is arrested and detained and is not a threat to the safety of the police.Davis' appeal sought to exclude the gun found in his coat, which was in the vehicle. Davis claimed the search violated his Fourth Amendment rights. Admitting that Davis' rights were violated, the Court nonetheless upheld the conviction because the police acted within the bounds of the law as it existed at the time of the search.
While the Court didn't specifically follow the Gant decision - due to the timing of the two cases - Gant is good law. Per Gant, police will need to obtain a warrant before searching the vehicles of suspects in custody. However, there are exceptions for situations where police may be in danger or when police are searching for evidence of the crime that the suspect was arrested for.
If you are questioning the legality of a search following your arrest, speak to an experienced criminal defense attorney about the circumstances of the search.
Source: http://www.foxnews.com/us/2011/06/16/high-court-upholds-ala-mans-conviction/
]]>In 2009, a San Jose-area father was sentenced to thirteen-and-a-half years in prison for possession of child pornography after he pasted his daughter's face on sexual images. In its opinion, the appeals court stated that because the minor daughter did not actually engage in or simulate the depicted sexual conduct, the altered images did not violate possession of child pornography laws and were protected by the First Amendment of the Constitution.
Because California treats almost all sex crimes as felonies, a conviction will usually carry a stiff prison sentence. Further, a person convicted of a sex offense may be required to register as a sex offender for the rest of his or her life. Almost nearly as bad as the state imposed punishments is the stigma of being labeled a sex offender, which could have a major impact on a person's ability to find work or a place to live. And, sadly, the stigma may stick even if a person is falsely accused of a sex crime.
]]> Prosecutors take allegations of sexual crimes very seriously and so should you. In their zealousness to punish people who they feel are breaking the law, prosecutors sometimes fail to consider facts or circumstances that prove the allegations false or explain the situation as something other than a crime - like altered images. But the fact remains that the punishment for sex offense convictions are harsh. In order to protect your rights and freedom, contact an experienced criminal defense attorney as soon as you are charged with or learn that you are under investigation for a sex offense.Source: http://www.kolotv.com/home/headlines/Court_Says_Fake_Daughter_Sex_Images_not_Illegal_123564739.html
]]>According to The Sentencing Project, a criminal justice advocacy group that promotes sentencing reform and alternatives to incarceration, federal sentencing policies from the late 1980s were the most severe ever implemented for low-level drug crimes. Possession of five grams of crack could result in a five-year sentence, the same penalty meted out for possession of 500 grams of powder cocaine.
]]> Many commentators have rightly condemned the racial disparities underlying this scheme: crack use is largely limited to low-income African American communities, while more affluent cocaine users faced much milder penalties for personal possession and consumption. U.S. Attorney General Eric Holder was among those who argued that enhanced penalties for crack possession made the drug's affect on the African-American community even worse due to criminalization and incarceration of addicts.The Los Angeles Times recently reported that as many as 12,000 federal prisoners nationwide - almost six percent of the federal prison population - could be released in November, when the retroactive sentence reductions are implemented. The federal Bureau of Prisoners estimates that the change will save the federal government $200 million or more over the next five years. For any defendant accused of a federal drug crime in California, this important policy reform should come as welcome news.
]]>Since 2006, Florida has had the highest number of reported mortgage-fraud cases in the U.S. Denise James, director of real-estate solutions at LexisNexis and co-author of the institute's report, stated that California and Florida have high levels of mortgage fraud because they are coastal states with a lot of speculative buying and properties with underwater mortgages following the housing boom and bust.
In addition, California's ranking likely increased because it had a lot of short sales in 2010, and mortgage fraud is increasing in short-sale area of the market, the institute reported.
The institute also said reports of fraud have declined because mortgage-fraud schemes are becoming more sophisticated. James explained that, while reported fraud cases have decreased, actual fraud may have remained constant or increased because "mortgage fraud has become more complex and harder to verify using traditional methods."
]]> Mortgage fraud can take several forms, including:The penalties for mortgage-fraud can be severe. A person convicted of mortgage fraud may be sentenced to pay monetary restitution to the victim in addition to:
Because of the potential for these penalties, anyone under investigation for or accused of mortgage fraud should promptly contact an experienced criminal defense attorney to mount a strong defense.
]]>Walking through an unlocked front door and past the live-in boyfriend who was asleep on the couch, the accused found the woman asleep in her bed. Thinking the accused was her boyfriend, the woman became a willing participant in the act until she heard her boyfriend cough, in the other room. Realizing that the man in her bed was not who she thought it was, the woman screamed, causing the accused to seek escape through the front door.
]]> Under California law, a person can be charged with felony rape, even if the victim "consents" to the sex act, if the accused impersonates the victim's spouse. The loophole exposed by the Santa Barbara case is that the woman thought she was having intercourse with her live-in boyfriend, who is not her spouse; therefore the law did not apply.In reaction to the case, the California Legislature passed Assembly Bill 765. AB 765 expands the language of California Penal Code section 261 to include the term "cohabitants," effectively closing the spouse-only loophole.
The closing of this loophole expands the number of people accused of rape to felony charges. The expanded exposure to felony charges makes it even more imperative that anyone accused of rape should seek experienced defense counsel right away.
]]>From 2009 to 2010, violent crimes in San Diego County went from 12,776 recorded incidents to 11,641, a decline of 10 percent. Property crimes, such as burglary, decreased by 11 percent.
Although this is the lowest recorded crime rate in 30 years, not all types of crimes have decreased.
Crimes That Are Less Common in San Diego County
Carlsbad and Valley Center had marked drops in violent crimes. Overall in San Diego County, homicide, robbery, burglary, larceny, rape, aggravated assault, motor vehicle theft, domestic violence and arson dropped.
It is interesting to note that, even in the difficult economy, property crimes decreased. Conventional wisdom holds that the opposite would be true during tough times.
]]> Crimes That Are More Common in San Diego CountyFew types of violent crimes and property crimes increased in San Diego County. Crime was on the rise, however, in Ramona, Solana Beach and San Marcos.
Overall, bank robberies and hate crimes rose. Bank robberies climbed 72 percent, and hate crimes increased 23 percent.
Protecting the Rights of the Accused
Statistics have little meaning to a person who has been arrested and charged with a crime. Whether one is charged with homicide or larceny, sexual assault or car theft, a conviction can have a serious effect on many aspects of that person's life.
People accused of crimes have rights that cover everything from how the police investigate to how the prosecutors present their case. It is of vital importance to protect those rights every step of the way.
]]>Under California law, medical marijuana is legal. However, the law does place certain restrictions or rules on those that would use or grow medicinal marijuana. For instance, California law allows patients and their primary caregivers to grow and possess medical marijuana; however, they are not able to sell or distribute the medical marijuana to others, but this is subject to exception. The exception being that cooperatives or collectives are allowed to grow and cultivate marijuana for sale and distribution to their members, as long as the sale/distribution is not-for-profit.
The rub being that marijuana, medicinal or not, is still illegal under federal law, and the feds occasionally raid dispensaries in California.
The raid of Nature's Medicinal Inc. occurred after the Drug Enforcement Agency (DEA) asserted that the dispensary was making millions of dollars in profit each year. During the raid, the DEA seized $50,000 in cash.
]]> General Rules Affecting the Medical Marijuana IndustryLike most industries, the medical marijuana industry is regulated by the state of California and local governments. While the specific regulations and zoning laws of the local municipalities may vary, a few of the general regulations on the industry include that Collectives/Cooperatives/Dispensaries:
If you have been accused of operating a grow-house or raising medicinal marijuana for profit, speak to an experienced attorney. Medical marijuana is legal in California, protect your rights.
]]>The methamphetamine seized had an estimated street value of $277,740, according to a statement by Michael Jimenez, a spokesman for the agency in San Diego.
The suspect was driving a Chevrolet Silverado pickup and was identified as a Mexican national, and was taken into custody and turned over to the Drug Enforcement Administration.
"During inspection, agents became suspicious of the man's nervous demeanor," the statement read.
]]> Nervous? With Good ReasonMany drug stops are the result of the suspect's behavior, as in this case, where they are often described as "nervous" or acting uncomfortable, sweating heavily, etc. Given the penalties for drug trafficking, being nervous may be an understated way of reacting.
Methamphetamine (Schedule II)
The federal penalties for possession of large quantities of drugs are daunting.
For a quantity of 50 grams or more pure drug or 500 grams or more of a mixture:
If the driver in this case had no prior offenses, he would still be facing a minimum of 10 years in prison and up to life. On top of that, he could be fined up to $10 million. The seriousness of the charges can't be overstated.
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