Connecticut teenagers are reportedly following the national trend. Lack of awareness of the harmful effects of marijuana and more social acceptance are seen as causes of the shift.
]]> The perception that marijuana is not harmful is particular concerning to some, since marijuana in use now is much more powerful than the varieties sold years ago and is sometimes mixed with other drugs.Changes in marijuana laws across the nation are another reason for shifting attitudes about the drug. Some states have decriminalized possession of small amounts of marijuana. Connecticut did so last summer. Prior to the change, possession of less than a half ounce of marijuana was punishable by a $1,000 fine and jail time. Now, it may only be punished with a $150 fine for first time offenders and a $200 to $500 fine for repeat offenders.
While possessing a small amount of marijuana is not considered a criminal offense, it is still considered an infraction. Those who are found to be in possession of more can face potentially serious consequences.
Source: Stamford Advocate, "Heavy marijuana use up among teens," Maggie Gordon, May 14, 2012
]]>A jury convicted the Florida man on seven counts of bank fraud, one count of conspiracy to commit bank fraud, and seven counts of aggravated identity theft. Prosecutors had initially asked for a prison sentence exceeding 30 years, but the man's attorney argued for no more than 10 years because the man denied that he was involved in the scheme to the extent the government suggested.
]]> The so-called "felony lane" scheme originated in Florida and slowly spread across the country, according to federal prosecutors. The government had alleged that he stole pieces of identification, bank cards and checkbooks from items taken from parked vehicles at various locations, then recruited desperate women to cash checks at various banks.The scheme reportedly unraveled when a co-conspirator lost his wallet near the vehicle of one of the victims of the scheme. A co-conspirator was later seen by an employee of a bank and recognized as having been the subject of a bank-wide fraud alert. That co-conspirator eventually testified against the Florida man at trial.
One of the interesting points about this story is that the judge in the case chose to meet prosecution and defense at the midpoint in their sentencing requests. Judges always have the final say with respect to sentencing, and advocacy does not end after trial. Even after a conviction is issued, a defense attorney can still work to minimize a sentence.
Source: Hartford Courant, "'Felony Lane' Bank Scheme Leader to Be Sentenced," Denise Buffa, May 16, 2012
]]>The 75-year-old man has apparently been in custody since February on federal drug and weapons charges. The search was apparently the second that has taken place on the property, and follows a new warrant permitting the FBI to use ground-penetrating radar to look for buried weapons connected to other alleged criminal activity.
]]> The man's attorney has criticized the search, saying that it was a pretense to look for stolen art in connection with the unsolved art theft case.The Connecticut man was arrested in February on a charge of selling illegally obtained prescription painkillers. Shortly afterward, federal agents issued weapons charges after a search of his home. The man's attorney has accused the FBI of multiplying gun charges.
Suspicions about the man's involvement in the art theft came in March, when a federal prosecutor made public comments on the matter. The art heist was apparently the largest in history, with over $500 million in having been stolen.
FBI agents are presumably frustrated by the fact that discussions with the man about the art theft have been unproductive.
One of the interesting things about this story is the way law enforcement can exploit search warrants once they get them. The reality is that criminal suspects have very specific rights when it comes to search warrants, but that often doesn't stop law enforcement from exceeding the scope of their authority or from putting on pretenses in searching for evidence.
A good criminal defense attorney will carefully examine and exploit any abusive searches in order to strengthen a defendant's case.
Source: Businessweek, "Agents swarm reputed mobster's home in Conn.," Dave Collins, May 10, 2012
]]>A third man has now been convicted under the law and sentenced to 15 years in prison. The 59-year-old man has also been ordered to stay away from his former girlfriend, whose apartment he broke into back in 2010. The Norwalk man was convicted of home invasion, first-degree burglary, possession of a facsimile firearm and interfering with a 911 call.
]]> The man had apparently lived with the woman in her apartment for 15 years until 18 months before the incident. According to sources, he was accused of lying in wait for her at her apartment and pulling a fake gun on her, demanding $3,500. There was reportedly a 90-minute standoff between police and the man before the incident came to a close. That event took place about a week after she had reported that he threatened her.Sources don't provide many details regarding the incident, but noted that the former girlfriend was afraid and wanted the man to go to prison. Again, few details are provided, but one thing that strikes the reader of this article is that it sounds a bit like a practical joke gone very badly.
Could the man have been slightly bitter about the breakup, desired to get some revenge, and after police were called, panicked? It isn't clear what the man's defense argued in the case, but it should be clear to readers that in any criminal defense case, the task of a defense attorney is to present the best possible defense for the accused.
Source: New Haven Register, "3rd person convicted under Connecticut's home invasion law gets 15 years in prison," May 11, 2012
]]>Connecticut authorities say that cargo theft of pharmaceuticals have been increasing over the last several years, and that the brothers were allegedly part of a larger network of individuals who engaged in a series of thefts of drugs, cigarettes and liquor in recent years. In total, 12 persons in several states have been charged.
]]> Federal charges of conspiracy require prosecution to prove a handful of discrete elements. First of all, it must be shown that two or more individuals came to a mutual understanding or agreement to engage in illegal activity, and that those charged with conspiracy knew about the illegal plan and joined in it voluntarily. It must also be shown that at least one of the accused knowingly committed at least one overt act of which they are accused, and that overt act was committed knowingly at or about the time alleged in the indictment, as well as that it had the purpose of achieving some goal of the conspiracy. These elements must be shown beyond a reasonable doubt.What our readers should understand is that drug conspiracies often result in the arrest of many innocent people, particularly where large networks are involved. Sometimes law enforcement is not really able to determine the extent of an individual's involvement, so they arrest them to be sure. Unfortunately, police investigation can be sloppy, leading to charges which are poorly founded.
Because of the way investigations are conducted, people who weren't involved in the criminal activity are often implicated. For this reason, even those who have not been charged with conspiracy may do well to consult an attorney, allowing them to get a head start on building a defense.
Source: New York Times, "2 Brothers Accused in Huge Theft of Prescription Drugs," Peter Applebome, May 3, 2012.
]]>In her defense, she explains that she had taken Nyquil for a cold and that she had had the inside of her car cleaned with Armor All, which caused her foot to slip off the brake pad.
]]> It isn't exactly clear what took place in this story, particularly whether the woman's explanation for the accident was viable or not. Sources didn't mention any details regarding the evidence on which police based their DUI citation. One issue this story does raise, though, is that of incorrect police assumptions in DUI cases. It is important for those accused of DUI to realize where some of these assumptions are, so that they don't feel powerless to fight charges.One assumption police often make in DUI cases is that a preliminary breath test is an accurate indication of a suspect's blood alcohol level at the time of the accident. Because of the way such devices are programmed, they can and do result in inaccuracies.
For some, this could result in the device delivering a BAC which is higher than it is in reality. When such evidence is used to prosecute a DUI case, it is obviously unfair to the defendant and could result in harsher penalties or an undeserved charge. Hence the importance of building a strong defense to challenge such evidence.
Source: msnbc.com, "Car crashes into Connecticut liquor store-and driver gets a DUI charge," Bob Connors, April 26, 2012.
]]>Opponents of the legislation, however, say it may lead to voter fraud, since same day registration would not be verified until after votes have already been cast. Further, they say, online registration would need to be properly updated.
]]> Martin Luther King III reportedly hails the measures as a step toward expanding and ensuring access to voting, and predicts that Connecticut will lead the nation in this area.Some supporters of the bill have responded to concerns about voter fraud by noting that nine other states currently permit Election Day registration, and have not had a problem with voter fraud. Those states include Wisconsin, New Hampshire, Montana, Idaho, Iowa, North Carolina, Wyoming, Maine, and Minnesota.
Voter fraud is part of a larger category of illegal activity known as electoral fraud. This form of fraud most commonly occurs during election campaigns, voter registration or vote-counting.
To obtain a conviction on charges of electoral fraud, as in other forms of fraud, prosecutors must demonstrate that the defendant had the specific intent to deceive. This can be difficult to prove, and a defense attorney has the task of calling into question the various tactics by which prosecutors will attempt to prove such fraudulent intent.
Source: Hartford Courant, "Martin Luther King III Hails CT Election Changes," April 23, 2012
]]>Police charged the 18-year-old Plainfield man with third-degree burglary and two counts of sixth degree larceny and third-degree criminal mischief.
]]> Sources detail that, prior to this first arrest, a witness called and reported that she had seen two young men in possession of what appeared to be scrap metal, walking around homes in the area and looking into driveways. Officers reportedly found the defendant and another young man walking through a property with the scrap metal in hand.Prior to the second arrest, a witness called in to report seeing two men leaving a vacant house. Police apparently later determined the defendant entered that home in order to remove copper piping.
In terms of theft crimes, burglary is distinguished by breaking and entering a property with the intent to commit a crime. This charge can be applied to the breaking and entering of any building. Larceny, in Connecticut, refers to any kind of theft crime. It encompasses shoplifting, car theft, purchase and sale of stolen property, as well as fraud crimes. Larceny is different from robbery in that it does not involve the use of force as robbery does.
In Connecticut, there are six degrees of larceny ranging from a Class C misdemeanor to a Class B felony. Sixth degree larceny involves the theft of property valued at or below $250. Sixth degree larceny applies to theft of property valued at or above $10,000.
Not all larceny charges are as straightforward as they seem, and it is important that all the facts get out on the table during a criminal investigation. In cases where larceny charges cannot be denied, it is sometimes possible to have the charges dropped in favor of probation. While this case involved only sixth-degree larceny, classified as a Class C Misdemeanor, some cases involve much more. In these more serious cases, a good defense attorney will fight so that the charges are minimized.
Source: New York Post, "Double down: Conn. man busted for stealing scrap metal-twice in one day, Hillary Federico, April 22, 2012.
]]>The man allegedly responsible for the theft is a 51-year-old private security guard at the Long Angeles Culver Studios lot. He has accused of stealing the guitars at the studios where Petty and his band had been in preparation for an upcoming tour. One of the guitars-which were collectively worth $100,000-was apparently sold to a pawn shop in Los Angeles. It isn't clear yet whether the man will be charged with larceny or other theft-related charges, but police have said they plan to present the case to the Los Angeles County district attorney's office for consideration of charges.
]]> Larceny, as our Connecticut readers may know, is a crime characterized by wrongfully obtaining or withholding another's property with the intent to deprive the owner of the property. Larceny includes a number of offenses, including embezzlement, obtaining property by false pretenses or promises, extortion, theft of services, receiving stolen property, shoplifting, and conversion.In Connecticut, there are six degrees of larceny ranging from misdemeanor to felony, carrying penalties ranging from 3 months imprisonment and a $500 fine to 20 years in imprisonment and a $15,000 fine. The degree of the charge depends on the value of items stolen.
For first-time offenders, it may be possible to have charges dropped in exchange for probation. In more serious cases, the actual value of the items stolen can be argued, and it is often possible to reduce the severity of the charges this way.
Source: Businessweek, "Police arrest guard, recover Tom Petty guitars," John Mone, April 18, 2012
]]>The story is the type of case in which many would be quick to condemn the man, but is exactly the kind of case which needs to be investigated further and, if need be, subjected to a proper trial.
]]> The boy, who is a kindergarten student, had reportedly gone to school wearing his father's jacket. When it came to be his turn to present in class, he apparently opened the jacket and showed classmates 10 small plastic bags, each of which were later determined to contain five folds of heroin. Police were called and took possession of the drugs, which apparently had a street value of roughly $500.Sources said that the man arrived at the school a short time later, frantically searching for the boy. It is also reported that after spotting his jacket in an empty classroom, he ran out of the school with it.
As a result of the incident, the boy was taken into the custody of the Department of Children and Families.
In this case, it isn't clear why drugs were found in the man's jacket, or how his stepson got a hold of the jacket. The father in this case has been charged not only with possession of narcotics, but also with sale of narcotics, possession of narcotics within 1,500 feet of a school, and risk of injury to a minor.
It is important to realize that criminal charges attempt to tell a story that may not be true or entirely accurate. A good defense attorney will hold prosecutors to their task of providing sufficient evidence that the charges are accurately applied.
Source: Connecticut Post, "Boy's stepfather held on $100K bond in show and tell case," Daniel Tepfer, April 10, 2012.
]]>Prosecutors in the case claim the woman took advantage of people's generosity and kindness by falsely claiming she was dying of leukemia. As of now, she has been charged with six counts of fraud and grand larceny, which could land her in prison for between 16 months and four years on each of six counts.
]]> According to allegations, the fraud began in 2010, when the allegedly woman claimed that she had only several months to live and wanted to marry the father of her year-old daughter but was unable because of financial limitations. Her story spread quickly, causing folks to donate toward her cause. Among the items donated to the wedding were an expensive embroidered wedding dress, two rings, and a honeymoon time-share in Aruba.
The couple was married in May 2010, but four months later the woman's husband began expressing suspicions that the doctor's letter was fake, despite his wife's insistence that she hadn't lied. According to prosecutors, she forged the doctor's letter.
The woman has already pleaded not guilty in the case.
In order to prove fraud charges, prosecutors must show intent to deceive. Such proof is simply not always present, no matter how much prosecutors want to make their case. It isn't clear what the full story is in this case, but our readers should remember that what appears to be fraud may in fact involve no fraud at all.
Source: Associated Press, "Woman charged with faking cancer for NY wedding," Jim Fitzgerald, April 11, 2012.
]]>The measure would not apply retroactively, however, for the 11 persons currently sitting on death row, the debate over which focused heavily on two men who were convicted of murder in a 2007 home invasion that occurred.
]]> A number of other states have paved the way in abolishing the death penalty, among them New Mexico, Illinois, New Jersey and New York. At present, Kansas and Kentucky are consider a measure that would repeal the death penalty in those states, and California voters will be voting on a ballot initiative in November.States that have recently decided to abolish the death penalty were among those that rarely performed executions. In Connecticut, only one prisoner has been executed in over 50 year, and the state's death row population is over seven times lower than the national average.
One reason for the movement toward abolishing the death penalty is fewer prosecutors are pushing for capital punishment, often to push for penalties under laws which allow for life without possibility of parole.
As sources point out, though, the biggest reason for the decrease in capital punishment cases is the possibility of executing innocent people. Use of DNA evidence to exonerate wrongfully convicted persons has increased nationwide and has caused changes in the way prosecutors handle cases where capital punishment is an option.
Though some oppose the repeal, it appears that it stands a fairly good chance of passing. We'll keep our readers updated on this matter.
Source: Associated Press, "Connecticut moves to abolish death penalty," Andrew Welsh-Huggins, April 6, 2012.
]]>Before we go any further, we must note that officers of the law deserve our respect and that criminal charges are only allegations that prove nothing. It is entirely possible that with the help of a strong criminal defense attorney, it will be shown that these officers did nothing wrong. Defendants in criminal cases -- and by that we mean all defendants and all criminal cases -- deserve to be considered innocent until the opposite is proven. That is a hallmark of our justice system and needs to be observed in every circumstance.
]]> Two of the three officers in this situation have been charged with reckless endangerment, interfering with a police officer and unlawful discharge of a firearm and the third was charged with interfering with a police officer after an incident last Sunday.It has been a little hard to piece together what exactly happened on Sunday, but so far, it is known that there was a 911 call early Sunday morning and the three officers responded, even though they were off duty. Evidently, several rounds of gunfire were fired, although we do not know why.
Both the mayor and police chief of New Haven have condemned the officer's actions and all three have been placed on administrative leave as the department's internal affairs unit begins an investigation. The internal affairs investigation is independent of criminal proceedings.
Source: The Hartford Courant, "New Haven Police Officers Arrested, Charged With Illegally Firing Guns," Hilda Munoz, April 6, 2012
]]>Among the pieces stolen in the robbery were three Rembrandts, a Vermeer, a Manet and five of Degas' drawings. In total, the stolen pieces may be worth $500 over million.
]]> Investigators say that at least two thieves were involved in the theft and that they dressed as police officers and used the uniforms to deceive a museum guard into opening a door at around 1:30 a.m. near the end of St. Patrick's Day celebrations in Boston. The thieves are accused of binding the guards with duct tape and driving away with the works of art around 90 minutes later.The man, who reportedly has a history of involvement in the Mafia, maintains his innocence and has retained an attorney. In responding to prosecutor's decision to deny the man bail, his attorney has commented that the government is attempting to squeeze information out of him which he does not have.
In the 22 years since the theft, investigators have only had one lead, which didn't go anywhere.
The defendant's criminal history reportedly includes involvement in the Connecticut racket dating back to the 1950s. His most recent arrest, last month, was for selling illegally obtained prescription painkillers.
Defendants with a criminal history often face additional scrutiny when accused of criminal activity. For them, it is especially important to mount a strong defense early on in the process.
Source: Hartford Courant, "Feds Believe Mobster, 75, Involved In Gardner Art Heist," Edmund Mahony, March, 28, 2012
]]>Money laundering refers to activity of concealing the source of monies obtained from specific types of crimes. Money laundering is criminalized at the federal level, and belongs to a category of criminal activity known as "white collar crime," along with a number of forms of fraud.
]]> The man had been accused of using two internet betting websites in the operation and of paying commissions to subordinate bookmakers, whose losses he would cover and whom he would reward them for attracting new customers.More than a dozen individuals have been arrested in connection with the bookmaking operation.
The charge of money laundering charge stems from the deposit of 26 checks worth over $500,000 into accounts under his control. The checks were reportedly payments for gambling losses.
Charges of money laundering are serious, and can involve significant prison terms and fines. In this case, sentencing is scheduled for June 19 and the man faces as many as 10 years in prison, along with a fine of up to $1 million.
In order to successfully prosecute money laundering charges, the government must prove specific intent to conceal the source, ownership or control of funds in a financial transaction. Proving intent can be tricky business, and it is a defense attorney's job to make sure that prosecutors are not allowed to rely on unfounded assumptions or other tricks in proving that intent.
Source: Hartford Courant, "Bookmaker Pleads Guilty To Money Laundering," Edmund H. Mahony, April 2, 2012.
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