America's Criminal Defense Group - Our Legal Blog

Drug Enforcement Administration (DEA) Special Agent in Charge Javier F. Peña announced today the service of multiple federal search and arrest warrants in an investigation relating to Tainted Incorporated, a manufacturer of marijuana-laced candies. As a result of today’s enforcement operation, agents seized hundreds of marijuana-laced products, approximately 460 marijuana plants, one handgun, an unknown amount of U.S. Currency and a 2005 GMC Truck. Some of the marijuana-laced products seized include chocolate candy bars in multiple flavors, cookies, ice cream, peanut butter, jelly, BBQ sauce, chocolate syrup, flavored energy drinks, granola bars, moon pies, brownies, chocolate covered pretzels, and “rice krispy” treats. http://www.usdoj.gov/dea/pubs/states/newsrel/sanfran092707.html

This is another example of how the federal government is still refusing to recognize the decision of California residents to legalize marijuana for medicinal purposes. Unfortunately, this places California-legal based marijuana businesses in jeopardy of violating the federal law, and subjecting their business and their persons to federal prosecution. The last owner of a marijuana based business similar to Tainted, Inc., was sentenced to nearly 6yrs in federal prison earlier this year.  America’s Criminal Defense attorneys understand just how the feds are prosecuting these cases, and have successfully represented criminal defendants being caught up in messes like this.

Kiefer Sutherland, who’s hit show “24″ blows up the television ratings every season, has reportedly blown above California’s 0.08 legal alcohol limit. The actor was reportedly arrested this morning on misdemeanor DUI charges. According to the LAPD, Sutherland was stopped for making an illegal U-turn, and was stopped near La Cienega and Beverly blvds, and blew above the 0.08 limit. He was later released on a $25,000 bond, and is scheduled to appear in court on October 16. http://www.latimes.com/entertainment/news/celebrity/la-me-sutherland26sep26,0,7053024.story?coll=la-home-entertainment

 According to TMZ.com, Sutherland was on probation for a previous DUI charge he pleaded no contest to in 2004. If this is the case, he is not only facing punishment on a 2nd DUI which can carry anywhere from 4-days to 1yr in jail, but also a probation violation. With this in mind, it will be extremely important for Sutherland to retain a good DUI-defense attorney. Afterall, if the breathalyzer used in this case was defective, or if the test was administered improperly, a result above 0.08 may not be admissible evidence. A good criminal defense attorney will know what issues to spot in any DUI case. If Mr. Sutherland hopes to get out of facing jail time on this, he better hire a good defense attorney. If you are ever in this position, the attorneys at America’s Criminal Defense Group can offer decades of experience in defending you in court.

DEA and federal law enforcement officials from the FDA Office of Criminal Investigations and the US Postal Inspection Service announced the culmination of a 2-yr investigation called Operation Raw Deal. In conjunction with other federal law enforcement agencies, officials targeted the global underground trade of anabolic steroids, human growth hormone (HGH) and insulin growth factor (IGF). It’s estimated that 11.4 million steroid dosage units and 242 kilograms of raw steroid powder of Chinese origin were seized. Another $6.5 million was also seized, as well as 25 vehicles, 3 boats, 27 pill presses, and 71 weapons. Authorities anounced the arrests of 124 people nationwide. The indictments include various narcotics distribution offenses, such as conspiracy to import anabolic steroids, and other charges including conspiracy, including conspiracy to launder money. http://www.usdoj.gov/dea/pubs/pressrel/pr092407.html

Contrary to popular belief, anabolic steroids, and a host of other performing enhancing drugs, are looked at much the same way as other narcotics. Under the federal sentencing guidelines, possession of some of the commonly used performance enhancing drugs are prosecuted the same way as being in possession of a drug like Vicodin. Punishment for possession can include prison. Even more punishing is a conviction for dealing and manufacturing these drugs. What methamphetamine was to the 90s and early 2000s, steroids and other performance enhancing drugs are quickly becoming the a hot topic. The market exists for performance enhancing drugs, and many people do not understand the legal consequences associated with use and sales. Just like any other drug that has a legitimate legal use, if it is used without a doctor’s prescription, it is illegal to use it. An experienced and knowledgeable criminal defense attorney is absolutely essential in obtaining the best possible outcome on any level of charge. Only hire attorneys who have the knowledge to educate you and those attempting to prosecute you. The criminal defense attorneys at America’s Criminal Defense Group understand what you’re going through, and are always available to help.

After months of rangling in the courtroom, the jury for the Phil Specter trial is now on it’s 7th day of deliberations. Today they asked Superior Court Judge Larry Paul Fidler for additional instructions, as well as information on a manslaughter charge. The interesting thing about the request, is that the prosecution made the initial decision not to charge Specter with manslaughter, instead relying solely on a murder charge. Yesterday, the same prosecution argued in front of judge Fidler for instructions on manslaughter, who refused to do so. “It’s not so much the words, it’s basically the timing when they’ve reached an impasse,” Fidler said. “It’s basically indicating to the jury we want you to come to a verdict and we’ll give you this other option, and the option isn’t acquittal — it’s conviction of a lesser offense.”"It’s not so much the words, it’s basically the timing when they’ve reached an impasse,” Fidler said. “It’s basically indicating to the jury we want you to come to a verdict and we’ll give you this other option, and the option isn’t acquittal — it’s conviction of a lesser offense.” http://www.latimes.com/news/local/la-ex-spector20sep20,0,2001743.story?coll=la-home-center

Specter’s defense attorneys successfully argued for the exclusion of any included charges/instructions, and now it is up to the jury to decide Mr. Specter’s fate. According to published reports, the jury is currently deadlocked at 7-5, quite possibly leading to a mistrial/hung jury. If that’s the case, the prosecution may refile, and undoubtedly this time include a manslaughter charge. It’s like we said from the beginning of this case, there may be too much reasonable doubt attached to this case for any jury to believe Mr. Specter committed murder.

Surely when the police inform someone that they are being placed under arrest, the person should always comply. Unfortunately, history has taught us that that’s not always easy to do for some people; see the video tape of this college kid. http://www.youtube.com/watch?v=iqAVvlyVbaghttp://www.youtube.com/watch?v=iqAVvlyVbag. However, the use of a taser gun to help police in subduing a suspect is supposed to be reserved for those times when it is necessary for the safety of the officers. From what the video shows, it definitely does not look like this guy was a threat to anyone. It looks like he was resisting the officers at first, but once he was on the ground, it did not look like he posed a threat to anyone.

This was a bad move by the UF police. If using a taser gun was necessary, you’d think that bringing the suspect down to the ground to detain him would have been the proper time. It didn’t seem necessary when the suspect was on the ground under 4-5 police officers.

The unfortunate reality is, people that have been tasered usually have no video proof to prove an overuse of police force.  Surely when the police inform someone that they are being placed under arrest, the person should always comply. Unfortunately, history has taught us that that’s not always easy to do for some people; see the video tape of this college kid. However, the use of a taser gun to help police in subduing a suspect is supposed to be reserved for those times when it is necessary for the safety of the officers. From what the video shows, it definitely does not look like this guy was a threat to anyone. It looks like he was resisting the officers at first, but once he was on the ground, it did not look like he posed a threat to anyone.

OJ Simpson was arrested over the weekend, and is being held without bail, pending his arraignment this Thursday. Simpson has been charged with (2) robbery with a deadly weapon, (2) assault with a deadly weapon, conspiracy to commit burglary, and burglary with a firearm. Simpson has been accused of entering a Palace Station Casino Hotel room along with Walter Alexander, Clarence Stewart, Michael McClinton, Tom Scotto, and another unamed man and robbing at least two men of sports memorabilia, and other items. While Simpson claims that it was a “confrontation with no guns,” the two alleged victims, Alfred Beardsley and Bruce Fromong have a different description. Newly released audio recordings posted on entertainment website TMZ.com, give a more brash account. In the recording you can hear what sounds like OJ shouting at people while exclaiming “Don’t let nobody out of here,” and “Think you can steal my s—?”

Although this looks really bad for OJ, it may be a very defensible case, especially with a good criminal defense attorney. With reported discrepancies in witness statements, along with a possible belief by OJ that the property he was taking belonged to him, this may not be an easy conviction for the prosecution. Beardsley reportedly believes that Thomas Riccio, a rarities autioneer, lied to OJ about the memorabilias being stolen. Surely OJ’s high-profile has brought much attention to this incident, but this may end up being another case in which a rush to judgment may end up in more public outcry; as OJ may ultimately be released or acquitted.

Las Vegas police have cited performer Kid Rock, former husband of Pamela Anderson, with battery after he was involved in a fight with another former Anderson husband, Tommy Lee, at the MTV VMA’s. According to witnesses, security footage, and some MTV footage, the two fought during during an Alicia Keys performance. Unfortunately no footage has yet been found showing the actual altercation between the two, but some witnesses were quoted saying they only saw shoving, and no actual punching. Las Vegas police determined that Kid Rock was the instigator, and accordingly charged only him.

It is not yet clear what level of punishment Rock will be facing, but a misdemeanor can carry a jail sentence. Normally this type of charge could be very detrimental to the average person, where any type of criminal record would be detrimental to their careers. However, with the line of work that Kid Rock is in, a criminal conviction can sometimes be looked at as a positive; it may bolster that rocker image. If you ever find yourself in a similar situation, and a criminal conviction would not improve your image, the attorneys at America’s Criminal Defense Group can surely help.

2 Texas police officers were killed Saturday night, and another officer was wounded after responding to a domestic disturbance call. A woman phoned police after reportedly being hit by her husband, Larry White, 58. Odessa Cpl. Arlie Jones, 48, and Cpl. John Gardner were the two officers killed, and Cpl. Abel Marquez remained hospitalized after being shot in the face. White, who was shot in the abdomen and is currently hospitalized, will likely face two counts of murder and one count of attempted murder.

This is a tragic example of why police officers are forced to take such a harsh approach to all domestic distrubance/ domestic violence calls they receive. When a dispute between people living together gets to a point where police are called out, the police must respond to a potentially highly volatile situation. It is never clear what the circumstances are that they have to deal with on each call, and thus must take the same approach each time. This is another reason why it becomes so difficult to fight domestic violence charges, even where the reporting party subsequently wants to drop or withdraw their claim. It invariably requires the representation of a criminal defense attorney to handle such cases. The attorneys at America’s Criminal Defense Group are more than capable and experienced in handling these types of cases.

A spokesman for Senator Larry Craig announced that Craig may reconsider resigning his position if he is cleared of a disorderly conduct charge to which he pleaded guilty to last month, in Minneapolis, MN. Craig has made it known that he regrets pleading guilty to a reduced charge of disorderly conduct, after he was initially arrested on suspicion of making sexual advances to an undercover police officer in an airport bathroom stall. Craig had been accused of sending a signal to the undercover officer sitting in the stall next to him, by gesturing in some fashion with his foot. Craig can be heard on a police interrogation tape denying he attempted any such contact.

Instead of hiring a criminal defense attorney to handle his case, Craig thought that he would try to ease through the criminal justice system undetected by pleading guilty to a disorderly conduct charge. Along with not being familiar with how the court and criminal records work, Craig is also apparently unfamiliar with how the media works these days. As soon as his record was uncovered, it led to a barage of questions from media outlets, as well as his GOP colleagues calling for his resignation. Unfortunately Craig is not alone when it comes to making the decision to try to handle one’s own criminal case. Too often unsuspecting criminal defendants try to cut corners and save some money by handling their cases on their own. This is a great example of how badly that decision can work against you when you make such a poor decision. No matter how insignificant a guilty plea may seem at the time, consulting with and hiring a criminal defense attorney is invaluable. It may not only save you from jail or harsh punishment, but it could also end up saving your job. The attorneys at America’s Criminal Defense Group know this, and strive to always be available to guide anyone accused of a crime through such a trying time.

Criminal defendants everywhere, beware! The criminal justice system is not even handed. Case in point – the Duke Lacrosse rape case. This case, which drew national attention for over a year, was ultimately dismissed by the Attorney General in NC. The prosecuting attorney, the notorious Mike Nifong, has subsequently been disbarred by the North Carolina State Bar. But, what’s perhaps even more egregious is the treatment Nifong is receiving for prosecuting 3 young innocent men without the evidence to support the charges.

As Nifong pleaded not guilty to a charge of criminal contempt of court, it was revealed in court that he deliberately witheld exculpatory DNA records that would have cast even more doubt on the Duke players’ guilt. And what is Nifong’s punishment? . . .  1-DAY in jail. He potentially ruined 3 young mens lives by pursuing an unfounded claim of rape, and when he found out the evidence did not exist to support the allegations, he did not disclose it to the defense attorneys. He also misled the court into believing the lab results contained complete information on DNA test results, when it omitted that information. All of this, and he gets 1-day in jail – he’s scheduled to report September 7th.

It’s suprising that anyone has any trust for the criminal justice system anymore. With stars receiving minimum days in jail for DUIs and probation violations, and lying prosecuting attorneys only getting 1-day in jail, it would appear that the system isn’t fair. Ask Martha and Scooter if they think a 1-day sentence is fair for lying to the court.