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Criminal Law

The Criminal Defense Blog

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By Total Criminal Defense

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Last Entry: August 27, 2010 at 14:25:47

Indiana Trooper Resigns Over Facebook Posts

Posted on June 18, 2009
A State Trooper in Indiana resigned after an internal investigation over information posted on his Facebook account. Christopher Pestow allegedly referred to himself as a “garbage man” who “takes out the trash” and bragged about heavy drinking on the popular social networking site...

Corrections Head, Rabbi Resign over Prison Bar Mitzvah

Posted on June 18, 2009
Prison is no party. Not unless you know the right people, that is. in New York City, the Bureau Chief of Department of Corrections Facility Operations and the chaplain of the Manhattan Detention Complex have resigned after helping a prisoner arrange a bar mitzvah ? inside the prison...

Nude Burglar Invades Colorado Homes

Posted on June 17, 2009
Two Denver-area homeowners each found a shocking visitor in their home ? a nude intruder. Clinton March, 24, was arrested in Golden, Colo., about 15 west of Denver, after a woman allegedly found him sleeping naked in a closet in her home. He fled, and went into a neighbor’s home, according to KDVR...

Christian Conservatives Oppose Hate-Crime Bill

Posted on June 16, 2009
A proposed expansion of hate-crime laws currently up for debate on Capitol Hill is drawing fire from an unlikely source ? Christian conservatives. Hate crime laws add extra penalties to crimes that target and aim to intimidate victims based on race, color, religion or national origin...

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Utah: Victims Cannot Appeal Plea Bargains

Posted on June 15, 2009
Utah’s highest court ruled that crime victims cannot appeal a plea bargain reached in a criminal case, upholding the constitutional rights of defendants throughout the state. According to an article by the Salt Lake Tribune, the state Supreme Court Peggy Hay and Patricia Hay, whose husbands were killed in a car accident...

Motor Vehicle Homicide Charged in Golf Cart Death

Posted on June 12, 2009
A Nebraska woman has been charged with motor vehicle homicide after an accident on a golf course caused the death of her friend. Kim Mcillece, 53, of Omaha, Neb., was allegedly driving a golf cart across Tiburon golf course after a dinner party last May, with the victim, Debi Deines, as a passenger, when the cart [...

Texas Governor Can?t Pardon Dead Man

Posted on June 11, 2009
The family of a wrongfully convicted man who died in prison are urging Texas Gov. Rick Perry to issue a pardon, even though Perry says his hands are tied. Timothy Cole was convicted of rape in 1985 and sentenced to 25 years in prison. He died in 1999, and his conviction was reversed a decade later [...

Hijacker Just Needed Ride to Court

Posted on June 10, 2009
A Georgia man who allegedly hijacked a car to get to his court date was arrested after the victim, his girlfriend, called the cops on him. Marcus Brown of Lawrenceville, Ga., hijacked his girlfriend’s car at gunpoint Tuesday morning because he needed to appear at the Lawrenceville Municipal Court on drug charges, according to WSBTV...

Georgia Left-Turn Law Unconstitutional

Posted on June 09, 2009
A Georgia law prohibiting left turns into the far lane of a multi-lane road has been ruled unconstitutional by the Georgia Supreme Court due to poor wording, according to the Atlanta Journal Constitution. The state legislature, in writing the law, was so vague that a person of common intelligence cannot distinguish between the statute’s two diametrically [...

FTC Shuts Down Net Provider for ?Criminal? Content

Posted on June 05, 2009
The Federal Trade Commission shut down a large Internet Service Provider for the first time, alleging that the firm recruits, knowingly hosts, and actively participates in the distribution of spam, child pornography, and other harmful electronic content, according to a FTC press release...

Four Teens Charged as Adults in Sex Assault Case

Posted on June 04, 2009
Four middle-school teens in Tampa, Fla., are facing charges as adults for the sexual assault of a member of their flag-football team, according to CNN. They are charged with four counts each of sexual battery after using broomsticks and hockey sticks to sexually assault the 13-year-old boy on their team over a two-month period...

McMansion Marijuana Plot Brings Guilty Plea

Posted on June 03, 2009
The ringleader of a complex New Hampshire marijuana growing operation is expected to enter a guilty plea this week, according to the New Hampshire Union Leader. Van Thi “Michelle” Nguyen will plead guilty to charges of possession with intent to manufacture about 880 marijuana plants, as well as mortgage fraud charges as part of a deal [...

Study: Mental Illness High in Prisons

Posted on June 03, 2009
Inmates in state and federal prisons are six times as likely to suffer from mental illness as the general population, according to a report by the Consensus Project. The study, which looked at those with bipolar disorder, schizophrenia and severe depression, found that 14...

FBI: Violent Crime Down Nationwide, Up in Small Towns

Posted on June 02, 2009
The FBI’s preliminary report on crime statistics for 2008 show an overall decrease in violent crime, but an increase for cities of 10,000 or less. In small cities, according to the report, murders increased by 5.5%, forcible rape by 1.4%, and robbery by 3...

Social Media and Crime

Posted on June 01, 2009
Two news stories over the weekend illustrate a new trend of criminals using social media sites. The first story comes from ABC15.com. A Mesa, Ariz., family had their house burgled after Twittering their vacation plans. Israel Hyman and his wife use Twitter to promote their home-based video business, IzzyVideo...

Phil Spector Sentenced for Murder

Posted on May 29, 2009
Famed music producer Phil Spector was sentenced to 19 years to life in prison today, according to Reuters. Spector was found guilty April 13 of second degree murder in the 2003 death of actress Lana Clarkson. Doron Weinberg, Spector’s criminal defense attorney, has vowed to appeal the conviction...

District Judge: Felony Suspects Must Submit DNA

Posted on May 29, 2009
A U.S. District Court judge ruled that mandatory DNA collection for all felony suspects is constitutional, dealing a major blow to civil rights advocates and criminal defense attorneys. Judge Gregory J. Hallows on Thursday upheld the 2006 DNA Fingerprint Act, a federal law that allows law enforcement officers to collect DNA from anyone “arrested, facing charges, [...

Police use Warrantless GPS to Track Criminals

Posted on May 28, 2009
Police have a new tool to track criminals, and privacy advocates and criminal defense attorneys are crying foul. Across the nation, police are attaching GPS devices to suspects’ cars to track their movements and possibly get incriminating evidence against them...

O.J. Simpson Appeals Conviction

Posted on May 27, 2009
O.J. Simpson’s criminal defense attorneys are appealing 2008 conviction for armed robbery and kidnapping, claiming that his trial was “fundamentally unfair,” according to Reuters. Simpson was sentenced to up to 33 years in prison for his attempted robbery in a Las Vegas hotel, in which Simpson and five other men tried to recover memorabilia from his [...

Montana Town wants Gitmo Detainees

Posted on May 26, 2009
The town of Hardin, Mont., wants to fill its new $27 million prison and provide jobs for its 3,400 residents. Its proposed solution: take on the prisoners from Guantanamo Bay. President Obama announced the closing of the controversial detention center as one of his first presidential acts...

No Bail for NYC Terror Plot Suspects

Posted on May 22, 2009
Four men accused of planning a terrorist plot in New York City are being held without bail after their arraignments this week. James Cromitie, Laguerre Payen, David Williams and Onta Williams will remain in custody until their next court appearance on June 5, according to CNN...

Alabama Cops Fired over On-Camera Beating

Posted on May 21, 2009
Five Alabama police officers who brutally kicked and beat an unconscious suspect have been fired, according to a CNN report. The indecent occurred after a high-speed chase through Birmingham in January of last year, and was filmed by the dashboard camera of one of the police cars...

Michael Vick out of Prison

Posted on May 20, 2009
CNN reports that Michael Vick left federal prison this morning, after serving 21 months out of his 23-month sentence. Vick will serve the remainder of his sentence confined in his Virginia home. He was sentenced in August 2007 for bankrolling a dogfighting operation out of his home that crossed state lines...

Gang Crime Gets a New Definition in SLC

Posted on May 20, 2009
Police is Salt Lake City have a new tactic to track gang crime that will likely show a boost in gang activity in the city. The new policy broadens the scope of what qualifies as gang-related crime, and is the result of a three-year study on the issue, according to the Salt Lake Tribune...

White House Ends ?War on Drugs?

Posted on May 19, 2009
Say goodbye to the War on Drugs. Gil Kerlikowske, the Obama Administration’s new Drug Czar, told the Wall Street Journal in his first interview last week that the moniker, and the crime-and-punishment mentality behind it, is being dropped. The kinder, gentler approach will help break down the barrier the surrounds the criminal drug culture, Kerlikowske says...

High Court Won?t Hear Medical Marijuana Case

Posted on May 18, 2009
The U.S. Supreme Court announce Monday that it will not review the controversial California law that allows for the use of medical marijuana. The decision by the Supreme Court essentially affirms that state court’s ruling that marijuana used for medicinal purposes in the state does not the federal drug ban, according to Fox News...

Fake Cop Stops Off-Duty Officer

Posted on May 15, 2009
When you’re impersonating an officer, there’s one person you don’t want to pull over ? a real cop. That’s exactly what happened to David Word of Surprise, Ariz., according to CBS affiliate KPHO. Word was taken into custody and charged with one count of impersonating an officer after he pulled over Avondale police Officer Matthew Lydic Tuesday...

Sprint Employee Scams Company, Saves Customers

Posted on May 14, 2009
Two Kansas City area men have been charged with felony theft and computer fraud for saving Sprint customers over $100,000 — by erasing their cell phone bills. Over a two year period, authorities say that Garreth Morrow, 44, and Timothy Flowers, 39, wiped out more than $133,000 in cell phone charges in exchange for cash, according [...

D.C. Sniper Competent to Defend Himself?

Posted on May 13, 2009
Defense lawyers for John Allen Muhammad, the D.C. Sniper, argued on Tuesday that he was incompetent to represent himself for two days of his 2003 trial. The hearing at the 4th U.S. Circuit Court of Appeals could reverse Muhammad’s conviction and sentence, or could result in a new jury trial...

Detroit Police Taking Tips from Texts, Facebook

Posted on May 12, 2009
Want to help solve a crime in Detroit? Don’t call 911.� Just update your Facebook status. Beginning today, the Detroit Police Department is rolling out a three-phase communication plan that will draw upon e-mail, cell phone and social networking sites like Facebook and MySpace in hopes of getting out pertinent information and getting in tips, according [...

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