America's Criminal Defense Group - Our Legal Blog

According to MSNBC a Federal Judge on Thursday ordered the government to pay nearly 102 million to the 4 defendants and/or their families because the government withheld evidence of their innocence for a murder they did not commit. The Judge said Boston FBI agents knew that a mob hitman lied when he named the four men as the murderers. The Judge further stated that it was absured for the FBI to claim that the 4 men were acceptable “collateral damage” as a result of the government’s attempt to protect the real murderer who was an FBI informant.

“The FBI’s misconduct was clearly the sole cause of this conviction,” stated Judge Nancy Gertner.

This case clearly shows that police agencies are not above “not telling the truth” in a criminal case when they believe they have a sufficient reason. The fact that 4 innocent men were sentenced to long prison sentences and that 2 died in prison did not seem to bother the government. Just the concept that the govenment would consider innocent men as “acceptable collateral damage”  because of other government considerations is beyond comprehension.

According to MSNBC Nicole Richie Pleaded guilty to driving under the influence of drugs. She has been sentenced to four days in jail, 90 hours of community service, and has to pay a fine of over 2,000 dollars.

With Paris Hilton having served jail time, and now Nicole Richie serving jail time as well, that only leaves Lindsay Lohan to finish out the legal problems of the “celebrity bad girls.” However, Lindsay’s case seems to have a potential for a greater jail sentence then either of the other two cases.

Federal prosecutors are using the RICO Act to convict the MS-13 gang of racketeering activity. To this date 30 gang members have been charged and 14 convicted in a Rico conspirarcy case that centers in Maryland and Virginia. Sentences have ranged up to 37 years. The RICO statue, according to the federal prosecutor, allows the government to prosecute gang members for the activites of the criminal organization they chose to join. Young people who are tempted to join gangs like the MS-13, should realize that they may pay for that decision for the rest of your life. These sentences should serve as a warning because federal, state and local authorities will continue to work to combat violent gangs across the country.

Clearly gang activity is being targeted by the federal govenment under the RICO act. In the future, who you associated with may help to determine what may criminally happen to you. In the future, “you may truly be judged by the company you keep.”

MSNBC reported that former Newark Mayor Sharpe James pleaded not quilty last monday to Federal Corruption Charges stemming from the last years of his term in office. Federal prosecutors said they expected a 12-week trial with 60 witnesses.

The part of this report that amazes me is that the prosecutor is predicting a 12-week trial. Can you imagine what the costs will be for the good mayor to hire a legal team to defend him over the course of this case. Without signaficiant financial resources the mayor would not have a chance against the federal prosecutor in this matter. Does anybody really believe that a public defender could defend this type of case and hope for a favorable outcome? 

According to MSNBC Lindsay Lohan was arrested early tuesday on suspicion of drunk driving and possesion of cocaine in Santa Monica, California. Lindsay registered between .12 and .13 percent on a conducted breath test. The legal limit in California is .08.

After what happened in the Paris Hilton case the speculation is that Lindsay will be doing some jail time in regard to her present problems. Maybe with the addition of the Nicole Richie case, Los Angeles will be looking to build a new “Celebrity Wing” to the jail facility.

George Mark Collie was found slumped over the wheel of his vehicle with the engine running by the Nashville Police last thursday. A police affidavit said Collie failed a police sobriety test. Collie was released on $1,500 bail.

Contrary, to popular belief, if you are in a car with the car running you can be convicted for drunk driving. In fact, in many jurisdictions, if you are asleep in a car with the keys in the ignition you can still be convicted of drunk driving. So if you want to sleep in your car put the keys in your pocket.

According to the Associated Press, country singer Mindy McCready (31) was arrested in Florida on battery and resisting arrest. She was arrested early Saturday morning and was released on $1,000 bail. No details were given as to the incident of her arrest.

Since the bail is only $1,000, I think that Mindy, with some good legal help should be able to get out of this situation without any lasting impact on her life. As a side note, isn’t resisting arrest the most overcharged violation of today. This is just a general comment as I do not know the specific facts in Mindy’s case.

Both of these best selling rappers were arrested last Sunday in New York in separate incidents. In one incident Dwayne Carter (Lil Wayne) was arrested with another individual and the police found a .40-caliber gun and marijuana.  In the other incident Jeff Atkins (Ja Rule) was arrested with two other individuals when police found another .40 caliber gun. All five men were taken into custody.

The MSNBC article does not state if the guns were found on any one individual so the possibility exists for at least a defense of who had possession is possible. The could mean that 2 guns divided by 5 individuals could end up with nobody possessing the guns or maybe somebody other than the rappers taking the blame. We will see how this plays out.