Congressional Committee Looks to Trim Bloated Federal Criminal Code

May 16th, 2013

As the federal criminal code continues to grow exponentially every year, some members of Congress are taking steps to trim the bloated body of laws, according to a report from the Wall Street Journal.

Sources say Congress plans to launch a new committee, with the unfortunately bloated title of the “House Committee on the Judiciary Over-Criminalization Task Force of 2013,” to address the problem.

The federal criminal code has been attacked by members of both major parties for creating too many new criminal laws, few of which actually make the country safer.

The last time Congress made a concerted effort to shrink the criminal code was in the early 1980s, when violent crime was a bigger problem across the United States.

Today, the over-criminalization of a number of previously legal activities has led to a record increase in the number of Americans housed in prison, and Congress is looking to reverse this unfortunate trend.

But the task is daunting. According to Rep. Bobby Scott, a Republican from Virginia, the committee has been “warned it’s going to be a working task force,” which means it will “have to essentially go through the entire code.”

The leader of the committee, however, is up to the challenge. “Over-criminalization is a threat to personal liberty and an expensive and inefficient way to deal with a lot of problems,” said Rep. F. James Sensenbrenner, a Republican from Wisconsin.

Sensenbrenner, who has tried to tackle the ever-expanding criminal code for several years, told sources that he expects to shrink the number of laws by 33 percent, although this remains an incredibly ambitious goal.

According to legal experts, there are roughly 4,500 individual criminal laws in the federal system, as well as tens of thousands of bonus regulations that carry criminal penalties of their own. And one member of Congress claims that the federal government creates 500 new crimes each decade, sources say.

In addition, about 80,000 defendants are sentenced to prison terms in federal courts each year, and the number of people in federal prisons has skyrocketed in recent years, sources say.

The problem has become so severe that a potential solution has been offered by a broad range of groups that usually fail to agree on most political issues.

Among the groups that have pledged their commitment to Sensenbrenner’s task force are the Cato Institute, Heritage Foundation, the American Civil Liberties Union, and the National Association of Criminal Defense Lawyers.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Teenage Girls Charged With Armed Robbery After Ketchup Attack

May 2nd, 2013

Three teenage girls in Palatine, Illinois were charged with armed robbery after allegedly assaulting a younger boy with glass ketchup bottles, according to a bizarre report from the Chicago Sun-Times.

According to sources, the girls will be forced to hire a criminal defense attorney thanks to the testimony of the victim, a 12-year-old boy who told police that the girls assaulted him and stole valuables from his home.

Sources say the victim claimed that the three girls, Vanessa Mejia, 17, Sendi Ocampo, 18, and an unnamed juvenile, came to his home asking for his older sister. The boy said she wasn’t home, and the trio left.

But minutes later, the teenagers returned to the home asking to use the restroom. When the boy allowed the girls to enter the home, they promptly struck him with a glass ketchup battle.

And while the weapon doesn’t sound particularly dangerous, a responding police officer said the boy suffered a “pretty big cut,” and the boy was later treated at a nearby hospital for “multiple” injuries.

And the girls’ legal troubles extend beyond the assault. Sources say, after they hit the boy, they also stole $50 in cash, two cell phones, and several pieces of jewelry from the home.

For their efforts, the girls were charged with home invasion and armed robbery, both felony criminal charges, and police are reportedly looking for a fourth suspect who accompanied the girls to the home.

Interestingly, while Mejia and Ocampo are being treated as adults, their underage accomplice is being treated as a juvenile, which leads to a wide disparity in their potential punishments.

Sources say the two older suspects are being held in a Cook County jail on a $200,000 bond. They are scheduled to appear in court later this week.

But the younger suspect is being held in Chicago’s Juvenile Justice Detention Center, and sources believe that she may be released soon.

The incident serves as a reminder that armed robbery does not require the use of a traditional deadly weapon, like a gun or knife.

If offenders steal something from another person with the aid of a dangerous weapon, like a glass bottle, or through the use of force, they may be eligible to face charges for armed robbery.

And the fact that the victim was a 12-year-old boy certainly gives a judge more ammunition to sentence the girls to longer jail terms, in addition to making the story fodder for national news.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Bombing Suspects: 1 Dead, 1 At Large

April 19th, 2013

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Chaos continues in the Boston area, post-marathon bombings, as last night one of the suspects, Tamerlan Tsarnaev, was killed. The other suspect, his younger brother, Dzhokhar Tsarneav, is still on the run.

The violence last night is believed to have begun with a robbery of a 7-Eleven in Cambridge, followed by a shooting on the MIT campus that killed an MIT police officer.

A carjacking occurred in Cambridge, and police discovered the vehicle in Watertown. As Watertown police pursued the vehicle, explosive devices were thrown at them by the suspects.

Gun fire was exchanged between the suspects and the police and it is believed that one of the suspects was hit, taken into custody and later died. A police officer was also hit by the gun fire and is in critical condition.

The second suspect is still at large and will certainly be facing several criminal charges once he is apprehended.

Police have the neighborhood on lock down and are going door to door in search of suspect number two.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Can Google Maps Help Solve Crimes?

April 17th, 2013

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Recently there has been an image circulating the internet of coordinates on Google Maps, in the Netherlands, that depict what resembles a bloody body being dragged to the end of a pier.

From the image alone, it is not possible to tell what is actually happening. Some people say it has to be the dumping of a body. Other people say it is a dog or other animal.

It is very possible that the reddish color seen in the image isn’t blood at all and is simply wet wood.

This story makes us wonder what else Google Maps, or Google Earth has seen. Satellite images are being taken all the time, making them bound to see something that someone does not want them to see.

Can Google products serve as evidence to help solve crimes? It is very possible.

In 2008, a 14-year-old’s bike was stolen. Several months later the boy came across an image of himself riding his bike on Google Street View.

Who was behind him in the image? The 2 men who stole the bike from him! Google worked with police to obtain clear images and the thieves ended up in jail (it wasn’t their first robbery).

Google Maps and Google Earth have helped police catch several other criminals in the past few years.

One man used Google Maps to map out his route for disposing of a body after committing a murder. Another man used Google Earth to locate and case a woman’s home before attacking and strangling her.

Just because you don’t see a person, doesn’t mean someone, or something, doesn’t see you. As technology continues to improve, Google will likely play a key role in assisting the authorities in solving crimes.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

State and Federal Police Launch Search for Boston Marathon Bomber

April 16th, 2013

State and federal police have asked spectators and participants at the Boston Marathon for amateur footage that might offer evidence pointing to the culprit behind Monday’s bombings, according to a CBS News report.

Sources say two bombs, which erupted within seconds of each other, created havoc at the finish line of the venerable marathon this week, killing three people and injuring more than 170.

Photographs of the streets near the scene of the explosion show a sidewalk full of blood and shattered glass. To add to the tragedy, one of the deceased was an 8-year-old boy, whose sister was also seriously injured while waiting for their father to cross the finish line, sources say.

Police, of course, would like to level criminal charges against the responsible party or parties, but no arrests have been made thus far, according to sources.

Nevertheless, Richard DesLauriers, the FBI’s chief agent in Boston, promised reporters that he and his colleagues would “go to the ends of the Earth” to apprehend the people responsible for the violent attack.

According to one law enforcement official, the two bombs that exploded near the finish line had been disguised to look like trash. Sources note that one of the bombs may have been concealed inside a garbage can, while one may have been resting on the sidewalk.

Investigators note that no one has claimed responsibility for the attack, which Defense Secretary Chuck Hagel has already labeled a “cruel act of terror.” Hagel also said authorities will “have to determine whether it was planned or carried out by a terror group, foreign or domestic.”

President Obama, mindful of the criminal law distinctions between terrorists and non-terrorists, used more measured language in a press conference, but also promised to use every available federal resource for the investigation.

Regardless of the legal significance of the word “terror,” the bombs could only be described as terrifying. Sources say they were full of sharp objects like ball bearings and nails, designed to inflict the most amount of human damage possible.

According to DesLauriers, investigators have already received “voluminous tips,” and have interviewed one Saudi national with burns on his hands who was found fleeing the scene.

This interview, however, did not lead to the labeling of the man as a suspect, and authorities have renewed their request to the public for any amateur photos or videos of the event, according to local sources.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Do Stand Your Ground Laws Increase the Number of Homicides?

April 9th, 2013

As of 2012, 25 states have adopted “Stand Your Ground” laws which remove the pre-existing legal requirement to retreat from threats in public spaces, and authorize individuals to use deadly force if they feel harm may come from the situation.

These laws received heightened attention in Florida following the shooting of 17-year-old Trayvon Martin in February 2012. Stand Your Ground laws allegedly exist to protect citizens, but do they actually end up causing more murders and manslaughters?


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The Intent

Why Do States Implement Stand Your Ground Laws?

  • Stand Your Ground laws are meant to give defendants another self-defense option.
  • In cases where a homicide occurs, invoking Stand Your Ground legislation does not negate the homicide; it classifies it instead as one committed in self-defense.
  • Homicides committed in self-defense are called, “justifiable homicides.” Defendants who can prove that this classification applies to their case may receive lessened penalties or, in many cases, no punishment at all.
  • Some states do not prosecute cases that satisfy Stand Your Ground criteria.
  • Stand Your Ground laws are intended to provide the victim of a violent confrontation another option for resolving the threat: force, lethal if necessary.

The Truth

Who Benefits from Stand Your Ground Laws?

  • About 70% of those who invoke Stand Your Ground legislation in Florida are set free.
  • Almost 60% of those who were freed because of Stand Your Ground laws in Florida had been arrested at least once before the self-defense incident took place. 40% were arrested three times or more.
  • In Florida, about one in three of those freed because of Stand Your Ground laws have been previously accused of violent crimes.

Who is Hurt?

  • The national rate for justified homicides has risen from 196 in 2005 to 278 in 2010.
  • Between 4.4 and 7.4 additional white men are killed each month as the result of Stand Your Ground laws.
  • Stand Your Ground laws increase firearm-related homicides among Caucasians by 12.2%.
  • The only group of people who experience significant increases in homicide due to Stand Your Ground Legislation are white males.
  • 73% of those who killed an African American and invoked Stand Your Ground laws in Florida faced no punishment.
  • While both violent and property crimes did decrease in states with Stand Your Ground legislation between 2005 and 2009, they also decreased in states without these laws.
  • Deaths attributed to self defense are up by 283% in Florida since Stand Your Ground legislation was enacted.
  • Nationally, committing homicide in the name of self defense is on the rise.
  • Apart from increasing homicide rates across the board, Stand Your Ground laws don’t always protect the people for whom the laws are intended.

Provided by Total Criminal Defense.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Drug Scandal at Massachusetts Crime Lab Claims Another Victim

April 4th, 2013

A second chemist at the Massachusetts State Crime Laboratory has been charged with stealing controlled substances that were presumably being held as evidence, according to a press release from Massachusetts Attorney General Martha Coakley.

Sources say 35-year-old Sonja Farak will have to find a criminal defense attorney to defend her against charges of tampering with evidence, stealing a controlled substance from an authorized dispensary, and possession of cocaine, a Class B substance.

This week, a grand jury indicted Farak on the long list of charges after her alleged illegal activity at the crime lab, which is based in Amherst, Massachusetts, and is tasked with housing and analyzing illegal substances obtained by police.

The crime lab scandal, which rocked the state of Massachusetts, exploded last year, when workers at the Amherst Laboratory told local police that they had noticed a discrepancy in the amount of controlled substances listed in the inventory, and the amount that was actually in evidence.

After the allegations, state authorities launched an investigation, which led to the indictment of Annie Dookhan, who had tested drug samples related to roughly 34,000 criminal cases, sources say.

According to sources, Dookhan’s work led to the incarceration of more than 1,140 criminal defendants, many of whom have challenged their convictions due to the shoddy laboratory work. This, of course, has posed quite a headache for state officials.

Many observers, however, assumed that Dookhan’s actions represented an aberration. Today, however, that assumption is in question, after a new investigation determined that Farak also tampered with controlled substances that were held at the facility.

Farak was arrested at her home this January, and has waited three months for the felony drug charges to officially be leveled against her, according to sources.

Investigators claim that Farak’s alleged foul play relates to four drug samples that had been stored at Amherst. They further allege that Farak mixed evidence samples with counterfeit drugs in an effort to mask her thefts. In other cases, Farak simply stole the evidence, according to investigators.

In addition, authorities claim they found cocaine in Farak’s desk and personal vehicle. They also discovered drugs that allegedly matched those that had gone missing from the lab.

Farak’s next court appearance will be for an arraignment, although this is not yet scheduled. The Attorney General’s Office also notes that the charges are only allegations, and that Farak is “presumed innocent until proven guilty in a court of law.”

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Washington State Police Officers Training Dogs to Ignore Marijuana

March 21st, 2013

As a small number of states begin legalizing marijuana possession, police department have had to take creative measures to adjust their drug enforcement tactics.

One interesting change in Washington state, for example, is that police officers are now training drug-sniffing dogs to ignore marijuana, according to a report from Fox News.

Sources say Washington passed a law a few months ago that legalized the possession of small amounts of marijuana. The state joined Colorado as pioneers in the decriminalization movement, which has gained momentum due to the high costs of enforcing marijuana laws.

The law, according to sources, made it legal to possess small amounts for personal use, but it does still punish people possessing marijuana with the “intent to sell.”

This distinction may cause enforcement troubles for police departments, but one unexpected concern is the impact on drug-sniffing dogs, which have been trained for years to detect marijuana.

So several police departments in Washington, including the Seattle Police Department and the Washington State Patrol, have responded by altering the training regimens for their dogs.

According to Alison Holcomb, a drug policy director for the American Civil Liberties Union, “it makes most sense not to train dogs to alert to marijuana as that would likely lead to unwarranted investigatory detentions of people who are not breaking any law.”

In addition, a memo from a group of Washington prosecutors advised law-enforcement agencies that police dogs no longer needed to be able to discover marijuana on criminal suspects, although no outfit has explicitly prohibited agencies from continuing to train dogs in this manner.

The trick, of course, is how to desensitize the dogs. Sources say “rewards and constant training” will eventually change police dogs’ habits, but this could take time.

Interestingly, under the terms of the new law, even if the dogs do detect marijuana, and it appears to be possessed in order to sell, police officers will no longer be able to get search warrants solely on the basis of a dog’s nose.

In years past, a dog’s efforts could provide sufficient probable cause to justify a search warrant. Now, however, Washington police officers will have to offer additional evidence to obtain a judge’s permission to conduct a search.

Sources note that other information that could lead to a warrant includes eyewitness reports, bizarre behavior, or the presence of drug paraphernalia. Such events could help corroborate a dog’s suspicions, according to sources.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Former Police Officer Arrested on Felony Drug Possession Charge

March 6th, 2013

A former police officer in Billings, Montana, who was suspended for a felony drug crime is facing brand new criminal charges, according to a report from the Helena Independent Record.

Sources say 43-year-old Edwin Les Young, who was a member of the Billings police force from 1997 to 2009, has been charged with felony drug possession, and his bond has been set at $7,500.

According to reports, Young was arrested this weekend after trying to get into West High School. Young’s intentions were not clear, but at the time of his arrest, he “appeared to be intoxicated” and had three oxycodone pills in the pockets of his jeans.

Young was arrested by David Firebaugh, a former colleague of Young’s who was working as an undercover officer at the high school, sources say.

The arrest comes just a few months after Young was sentenced to three years in prison after being found guilty on two charges of forging drug prescriptions with fake signatures. These sentences, however, had been deferred, to the credit of his criminal defense attorney.

Sources say Young was suspended from the Billings police force after he was accused of forging drug prescriptions in order to obtain oxycodone. In addition to his deferred prison sentences, Young was also told he had to complete a Veterans Treatment program and pay a fine.

Young eventually took a “medical retirement” from the police force and apparently has been unable to successfully treat a serious substance abuse problem.

Court records say the former police officer suffers from “extreme mental or emotional distress” stemming from post-traumatic stress disorder that originated during his time in the military and in law enforcement. Young also reportedly suffers from extreme physical pain.

The former officer, however, continues to try the patience of Montana courts. A few weeks ago, Young was arrested for failing to report to his probation officer. Fortunately for him, prosecutors did not ask for a revocation of his suspended sentence.

Young’s latest arrest, however, has convinced prosecutors to seek to convince the judge that the suspended sentence should be revoked, and that Young should have to serve his prison sentence.

And the news only gets worse for Young. In addition to the revocation of the previous sentence, prosecutors may also charge Young as a “persistent felony offender” in his new case.

If they successfully charge Young under this category, Young could face a sentence enhancement of up to 100 years in prison, according to sources.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

Elementary School Teacher Charged with Sexual Conduct with a Minor

March 1st, 2013

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A Phoenix, Arizona elementary school physical education teacher and coach was charged Wednesday with 3 counts of sexual assault with a minor.

36 year old Nicole Wooten, who has been working at Herrera School for the Fine Arts and Dual Language since 2000, is being accused of sexually abusing an 8th grade female student in 2005-2006.

The abuse, referred to as ‘inappropriate touching’, is said to have happened at Wooten’s apartment on 3 separate occasions.

Wooten was arrested on Wednesday and after admitting to the allegations in an interview, was placed on unpaid leave on Thursday. She is being held without bond.

In Arizona there is no statute of limitations for sexual conduct with a minor under the age of 15.

Copyright © 2013 Total Criminal Defense, LLC. All rights reserved.

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