Miami Police Falsifying Crime Data

State probe clears Miami police of falsifying crime data Report: Miami crime figures correct A state investigation has found no evidence of systematic efforts by Miami Police brass to suppress city crime statistics -- but found that some underlings nevertheless felt pressure to skew the numbers. A report released Monday pinned the problem on the department's handling of Compstat, a computerized system that tracks crime trends, championed by Police Chief John Timoney as a valuable tool. Compstat's goal " is to ensure that district commanders are taking every available measure to address the crime issues in their respective area,'' said the report by the Florida Department of Law Enforcement. " In some cases, this caused members, when given the option of classifying a case ... the incentive to decide on behalf of the lesser classification in an attempt to show positive results in Compstat meetings.'' BY: JENNIFER LEBOVICH jlebovich@MiamiHerald.com The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

SBBA Reminder

Hello! This is just a reminder that the SBBA Luncheon is only a few days away. Sign up as soon as you can. Judge Ilona Holmes is the guest speaker and we look forward to seeing everyone there. If you have any questions call our office at 954-791-3939 and ask for Nellie Hassett, Criminal Defense Attorney Ken Hasset's wife. He also is the President of the South Broward Bar Association. Lunch is $20 for members and $30 fro non members. This is a great opportunity to network and socialize with local attorneys in the area. See you there!The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

SBBA Luncheon August 6th

Hello! This is just a reminder to everyone that the South Broward Bar Association Luncheon is held on Thursday, August 6th at 12:00 PM at the Ark Restaurant (ballroom). Judge Ilona Holmes is the guest speaker for the event. Lawyers receive CLE credits at no additional charge. The cost for members is $20 and for nonmembers $30. It is still not too late to join this up and coming event; membership applications can be filled online or at the Ark. The President of this event is Attorney Ken Hassett, the criminal defense attorney. Also, permanent name tags will be given out and collected at the end of the luncheon, a first, we hope the members enjoy them. Just remember this is a great way to network lawyers in a business- like atmosphere. This is all the current news for now, I'll keep you posted. See you there. and for information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Food Fight A Criminal Matter

Senior Food Fight Prank Is No Laughing Matter Three students at an Aurora, Illinois high school have been arrested after an outrageous cafeteria food fight, which seems to have started as a senior prank. A police officer and school official were reportedly injured during the flying food mayhem. High school senior Demetrius Oglesby, 18, is believed to be the student who planned and started the food fight. He faces a felony charge of resisting arrest after reportedly running from the police during the incident. While chasing Oglesby, the officer suffered a broken foot when he tripped over another student who had fallen down. This may mean even more trouble for the student and his criminal defense. Two juvenile arrests were made in connection with the incident and the minors were charged with misdemeanors. A 15-year-old has been charged with mob action and disorderly conduct and a 14-year-old was charged with assault. The food fight is believed to have been a senior prank and students say rumors about it have been circulating for a week. About 200 of the 3,000 students who attend the school were present in the cafeteria at the time of the food fight. Authorities say that the lunchroom was totally out of control as students flung slices of pizza, french fries, milk and sandwiches at each other. One student recalls that other students were actually buying food beforehand as ammunition for the expected food fight. He says that milk, full soda bottles and blue slushies were being hurled around the room. Another student noted that anything and everything sold in the cafeteria got thrown. Some students were running into the hallways to escape the mess, while others ducked for cover underneath the lunchroom tables. School officials are not amused by the stunt. The cafeteria was closed Friday and also on Monday, which was the last day of school. Security was also increased at the school for the remainder of the term and a spokesperson for the school district says there will be consequences for the students involved in the incident. Several dozen high school seniors accused of being involved in the food fight have been banned from the school's graduation ceremony on Tuesday. School Principal John Glimco calls the food fight a bad choice and bad judgment and says pranks are funny and don't hurt anyone. He says he doesn't consider a food fight to be a prank. I'm sure the people who got injured during the chaos would agree with him. Generally pranks don't leave students with criminal records, but this incident will almost certainly affect at least three students that way. No mention has been made about who exactly had to clean up the mess that these students made or what consequences students who were not graduating on Tuesday might face. Copyright © 2009 TotalCriminalDefense, Inc. (as licensee). All rights reserved. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Acne Medication Excuse for Murder

Guilty Verdict in Accutane Murder Case The Effects of Strong Acne Medication Unsuccessful As Murder Defense John Mullarky of Monroeville, Pa., was convicted of first-degree murder on Monday, June 29, following a highly publicized trial involving the popular, and now discontinued, acne medication Accutane. The jury deliberated for less than two hours before issuing its verdict, as reported by KDKA of Pittsburgh . Mullarkey, 20, was charged with criminal homicide after fatally stabbed his ex-girlfriend, 16-year-old cheerleader Demi Cuccia, in August of 2007. Mullarkey was 18 when the murder took place. Ultimately dying of a shoulder wound, Cuccia was stabbed a total of 16 times in her upper left chest, arm, and shoulder. The unforgivable crime was committed in Cuccia’s Pennsylvania home where Mullarkey went to discuss what seemed to him like their looming break up. Mullarkey was hospitalized after he slashed his own throat following the killing. Mullarkey claims he is an avid hunter, and cited this as his reason for carrying a knife at the time, insisting that it was not an uncommon occurrence. The Accutane Defense While recovering in the hospital from the self-inflicted 10-inch laceration across his throat, Mullarkey communicated his criminal defense to a county homicide detective on an eraser board, writing, If I did something—no, erase that—if somebody did something bad and they were taking medication, would that be a defense? Following suit, his lawyers made efforts to reduce the conviction to third-degree murder (not premeditated), alleging that it was a crime of passion following his breakup with Cuccia, inflamed by depression resulting from the cessation of Mullarkey’s use of Accutane, a powerful acne medication. Although the murder was not blamed on Mullarkey’s intake of Accutane, it was the defense’s hope that the drug's side effects would be deemed as a heavy influence on Mullarkey’s mental state. Prior to discontinuing his use of the drug, Mullarkey complained that Accutane had made him depressed. Prosecuting attorney Mark Tranquilli asserted that Mullarkey killed Cuccia solely because he refused to accept the inevitable; he was about to get dumped after their tumultuous two year relationship. However, the defense argued that Mullarkey’s mental thought process at the time of the murder was deeply impaired by his previous use of Accutane, and his subsequent and difficult state of cold turkey. His defense lawyers contended that because of his recent use of Accutane, Mullarkey could not fully form the intent to kill. Accutane Pulled From Market Accutane was pulled from the U.S. market on Friday, June 26 – the last day of Mullarkey's trial before the jury deliberated – after juries rewarded at least $33 million in damages to users who blamed the drug for bowel disease. Roche Labs of Nutley, New Jersey, who manufactured the drug in the United States, named reasons for the decision mainly as concerns over the competitive pricing of generic versions and not the drug’s side effects. In light of this news, defense attorney Robert Stewart asked presiding Judge Jeffrey Manning to either delay the trial or grant a mistrial just before closing arguments. Judge Manning dismissed this motion because, at present, there is no evidence linking Accutane to altered mental states or homicidal behavior. He resolved that the defense could raise the issues surrounding Accutane’s influence in the case if they planned to pursue an appeal. Copyright © 2009 TotalCriminalDefense, Inc. (as licensee). All rights reserved. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Criminal Court Closes PROMPTLY at 5 - No Exceptions!

Criminal Court Closes at Five - Even When Life is at Stake By: Gerri L. Elder Have you ever walked up to the post office door and yanked on it, only to find it locked at 5:01pm? That's how it goes, closing time means closing time. People who work for the government have busy lives, and much more important things to do than to stay open to mail your letter, or possibly even save your life. As infuriating as it is to arrive in what you think is 'just in time' to find an office locked up for the day, for most people it is not a matter of life or death. However, for one Texas inmate, it was just that. His life was on the line. On the morning of September 25, the US Supreme Court announced that it would agree to review an appeal by two Kentucky death row inmates who are challenging the legality of death by lethal injection. On that same day, Michael Richard, who was on death row in Texas, was scheduled to die by lethal injection at 6pm. He had been convicted of the 1986 rape and murder of a woman and was sentenced to the death penalty for the crimes. When Richard's criminal defense attorneys heard the announcement by the US Supreme Court that morning, they went into overdrive and drafted an appeal, on Richard's behalf, to the Texas Court of Criminal Appeals. The court is the state's highest court for criminal law cases. As fate would have it, a computer malfunction slowed Richard's criminal defense attorneys down that day. At 4:50pm they called the court to let them know what was happening, that they intended to file the appeal and that their client was scheduled to die by lethal injection at 6pm. They asked that the court remain open until 5:20pm so that the appeal could be filed, and possibly save their client's life, even of only for a little while. Reportedly, an unsympathetic clerk told them plainly, "We close at five." Since they could not get the cooperation of the local court, Richard's lawyers took their case to the Supreme Court, because the Supreme Court stays open for executions. By filing the appeal with the Supreme Court, the lawyers were able to stall the execution for several hours. However, since the appeal was not able to be filed first with the local court, it was rejected in Washington. So, as a result of the local court not staying open for an extra 20 minutes due to the unusual circumstances Richard's lawyers faced that day, the man was executed and pronounced dead at 8:23pm. Texas has not executed another inmate since September 25th. A leading daily newspaper in Texas, the Dallas Morning News, was outraged by the court's decision not to stay open for Richard's appeal. The paper ran a scathing editorial titled, "We Closed at 5". The editorial read, in part, "Hastening the death of a man, even a bad one, because office personnel couldn't be bothered to bend bureaucratic procedure was a breathtakingly petty act and evinced a relish for death that makes the blood of decent people run cold." Texas has put to death more than 400 people since the reinstatement of the death penalty in the country in 1976. Update: The Guardian Unlimited reports that, as of early November, Texas will accept emergency email appeals in death row cases. The decision came only two weeks after nearly 300 lawyers signed a petition demanding this practice. Since the U.S. Supreme Court has decided to hear the case concerning the constitutionality of lethal injection, no inmates in the United States besides Michael Richard have been executed. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Prison, the Constitution, and the Supreme Court

Is Prison Overcrowding is Unconstitutional? By: Gerri L Elder The decision of a three-judge panel in San Francisco could result in the release of more than 50,000 California prison inmates. The state's prison system is in crisis because of severe overcrowding and federal pressure to improve medical and living conditions. The judges will decide if the overcrowding violates the constitutional right against cruel and unusual punishment. The New York Times reported that the 33 adult prisons in California now house nearly double the inmates they were designed to hold. Criminal defense attorneys for the inmates say that the crowded conditions lead to increased violence, disease outbreaks, deaths and inadequate mental and health care services. According to The Mercury News, on Dec. 4 defense attorneys asked the judges to order the state to release about 52,000 of the current 156,300 inmates over the next two years. One of the judges on the panel, Lawrence Karlton of Federal District Court, noted during the hearing that the court has been asked to hand down a serious order that would interfere with California's right to handle state affairs. However, Karlton also voiced concern about the state's failure to provide adequate care for the inmates. Lawyers for the state argue that the release of nearly one-third of the state's prison inmates would cause an increase in crime and would burden counties that already have tight budgets. Matthew Cate, secretary of the California Department of Corrections and Rehabilitation, said he had seen reports indicating that California's inmates generally had more felony offenses than inmates in other states. The release of more than 50,000 of these inmates would be a danger to public safety. Cate told The New York Times that the most serious problem in California prisons is the lack of appropriate space for mentally ill inmates, and the release of inmates would not correct the situation. Michael Bien, a lawyer for the inmates, said overcrowded prisons are dangerous for prisoners and also puts corrections officers and the public in danger. Defense lawyers for the inmates do not propose the release of dangerous criminals. The state could achieve much of the necessary reduction to the prison population by not sending people with minor parole violations back to prison. In August, a court-appointed federal receiver in charge of bringing the California prison system into compliance with the constitution announced that it would take $8 billion to build facilities and fix the prison system. However, California has a budget crisis, and it is unlikely that funding will be available. At the hearing, Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit stated the obvious by saying, "We should start from the premise that there's not going to be any more money spent on this problem." A decision in the case is not expected until 2009. The special three-judge panel is acting for the first time under a 1995 federal law designed to limit the judiciary's power in inmate rights cases. Any order to release prisoners would almost certainly face an appeal to the U.S. Supreme Court. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Money is Getting Tight for Bail Bondsmen

Bail Bondsmen Hit Hard By Recession By: Gerri L Elder As the economy’s conditions continue to get worse, businesses are learning to adapt the way they think about and do things to make it through the recession. According to a report by The Associated Press, bail bondsmen are feeling the effects of the tough times and have found they need to adapt. But law enforcement officials and insurers fear that the latest tactics bail bondsmen are using to build business may put public safety at risk. A growing number of bondsmen are offering financing options to sweeten the deals and attract defendants. Bail bond agents generally charge a 10 percent premium and often require collateral to ensure defendants make required court appearances. However, some are now bending the rules by offering minimal down payments and no collateral. The defendants get out of jail for a fraction of the traditional cost and agree to make payments on the remainder of the bondsman's premium. In most states, it’s legal for bail bondsmen to finance premiums for defendants. In fact, financing of bail bonds developed a few years ago, but in the recent state of the economy, financing deals are becoming more popular – and may even make up half of the bonds written when criminal defense attorneys cannot arrange for a defendant to be released on recognizance. Law enforcement officials are concerned that the growing number of agents offering financing may result in a larger number of defendant's skipping court. Insurance companies that back the bonds also have concerns about higher bail forfeiture rates. The premium paid to a bail bondsman is non-refundable. While a bondsman only pays a portion of the premium to the insurer, the insurer backs the bond and has to pay the total amount of bail if the defendant skips out on the court date. However, The Associated Press reported that it is not possible to see if there is a correlation between the recent increase in bail-on-credit and bail jumping. Courts have many different ways of recording defaults and there is a period of time before the case is considered a default since many states give bounty hunters months to catch the defendants. Financing premiums may even help prevent jail overcrowding and discrimination against the poor. Many bail bondsmen say that there is pressure to offer financing to with the effects of the recession. The housing crisis and deflated home values have made it impossible for many homeowners to use homes as collateral. Since many people have depleted all of their cash and resources, finding a bail bond agent who offers credit is their only hope at making bail. Although bondsmen say that offering financing is a must to stay in business, they realize that the business cannot survive on a depleted cash flow. Bail bond financing carries the risk that defendants who fall behind on payments could be arrested again and sent back to jail. In these hard times, it is difficult to come up with a winning solution for defendants and bail bondsmen. Until the economy improves, defendants, bondsmen and bond insurers are in a precarious position. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

How Criminals Make Law Enforcement Easy!

YouTube (and Dumb-Witted Criminals) Prove Valuable to Law Enforcement By: Gerri L. Elder All over the world, it seems that people who commit crimes are aiding police in making arrests and hurting their criminal defense attorneys simply by using a popular Internet site, YouTube.com. With cameras practically watching our every move and groans about Big Brother everywhere, it's pretty much a given that lots of things are now caught on camera. But some criminals don't take any chances of having the right camera angle missed, so they often record their crimes themselves. Then they post the videos on YouTube. What they fail to realize is that the Internet is not a big anonymous place. While a person may not post a video using their real name, all Internet activity can be traced back to an IP address, and that IP address can be traced to a computer. Law enforcement officers and detectives can easily find users who post videos boasting their criminal behavior; it's not rocket science. Recently, two alleged gang members from Miami posted a video on YouTube of themselves taunting the police to come and get them. The pair posed with assault rifles and made threats against the police. Of course, the police did go and get them, and they were arrested for making threats against police officers and on weapons charges, and now face between 15 and 30 years in prison each. Another criminal duo, this time from Wisconsin, were arrested after they posted a stellar YouTube video of themselves having some fun with a stolen police Taser gun. The Taser gun was stolen out of a police car on New Year's Day by a 22-year old man who was in the police car to get warm after he had run his car into a ditch. Just hours after he had stolen the Taser gun, the man posted a video on YouTube of he and his father shooting each other with it. Since the officer who had helped the man after he crashed his car checked his identification before giving the man and his friends a ride, it wasn't terribly difficult for police to track him down and charge him with stealing the Taser gun. The YouTube video will certainly make defending his case problematic for his criminal lawyer, but I'm sure he and his dad (what a great role model!) weren't really thinking about that while they were Tasing each other and posting the video online. Police are asking that the man who stole the Taser gun be put on trial for disarming a peace officer and possession of an electric weapon, which are felony offenses, and carrying a concealed electronic weapon and theft, which are misdemeanor offenses. In California, two 14-year-old fans of MySpace and YouTube were arrested for suspicion of conspiracy to commit assault with a deadly weapon after posting their video masterpiece, which featured them beating a 13-year-old girl. The victim wasn't hospitalized after the incident but she did suffer some bruises, abrasions and cuts when the two older girls dragged her by her hair, kicked, punched and spat on her. Police are seeking two more girls in connection with the incident: the person who filmed the beating and another who allegedly stood by and watched while the beating happened. Three video clips, totaling about 7 minutes, were posted online on both YouTube and MySpace. These three examples of recent crime videos posted and shared online are only a cross-section of the many documented cases in which YouTube and MySpace videos have been used as a tool for law enforcement. It seems odd that any person would publicize proof of themselves committing a crime, but the fact is that it happens more than you'd think. It bears mentioning one more time that the Internet is by no means anonymous. If a person is bold enough to post a video of themselves committing a crime, they should fully expect for police to catch up with and arrest them. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Man Charged with Murder for Defending His Home

Murder Charges for Man Who Defended His Home By: Gerri L. Elder Ryan Frederick is currently behind bars in Chesapeake City Jail in Virginia for the shooting death of a police officer on January 17, 2008. He is charged with first-degree murder. Normally you'd think that a person who shoots and kills a police officer might deserve to spend time behind bars, but Frederick's case is a bit different. The shooting happened in his own home during what Frederick believed to be a home invasion. Three days before police began breaking down Frederick's door to enter his home on a drug warrant, Frederick's home had been broken into and his belongings rifled through, according to an online Reason Magazine story. When Frederick's dogs began barking and he heard someone breaking through his front door, he grabbed a gun that he kept for home protection. As an officer attempted to enter the home through one of the lower door panels, Frederick fatally shot him. Frederick is 28 years old. He worked for a soft drink merchandiser before his arrest. Friends, neighbors and co-workers reportedly have nothing but kind words to say about him. He has no prior criminal record, although he has conceded that he and his friends have smoked marijuana recreationally. There is no evidence that he was ever growing or dealing marijuana or any other drug, according to Frederick's criminal defense attorney. Despite the lack of any criminal record and the fact that the shooting was a tragic accident, Paul Ebert, the special prosecutor assigned to the case, has indicated he may elevate the charge to capital murder so that the state may seek the death penalty against Frederick. The drug warrant that brought the police to Frederick's home was based on faulty information received from a confidential informant. The informant told police that Frederick was growing marijuana in his garage and that several marijuana plants, growing lights, irrigation equipment and other gardening supplies had been seen on his property. Frederick has been an avid gardener, so it is true that he had gardening supplies on his property. However, no evidence was ever collected to indicate that he was growing marijuana. The only marijuana found at Frederick's home was a small usable amount that under any other circumstances may have resulted in a charge of misdemeanor drug possession. One of the plants that Frederick owned was a Japanese maple tree. When the leaves of this tree are green, they may resemble marijuana leaves. This may have been something that confused the police informant. The Chesapeake Police Department apparently did not investigate the claims of their informant before obtaining the no-knock warrant to search Frederick's home for drugs. After the fact, the pieces seem to fall together. The police informant said that he had been inside Frederick's home three days prior to the execution of the drug warrant. That seems to give every indication that the police informant is the person who broke into Frederick's home. This person was likely arrested for some other crime and decided to strike a deal by supplying the police with faulty information. As a result of this nightmarish situation, Ryan Frederick sits in jail while the prosecution attempts to find a way to elevate the charges against him. Is this fair and just? What's your opinion? The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Teenage Wasteland of Juvenile Justice

Teenage Wasteland - The Sad State of Juvenile Justice In popular culture, teens are often comically portrayed as a constantly exasperated group whose motto is "that's not fair." This is meant to be funny, since teens are supposed to mature and learn that life, of course, is not fair - and that's just the way things are. But certain things in life - like the U.S. criminal justice system - are designed to give all people a fair shot. Unfortunately, according to a recent study published by the National Juvenile Defender Center and the Children and Family Justice Center at Northwestern Law School, many teens are receiving questionable treatment in criminal court. The study examined the practices of juvenile criminal courts in 16 Illinois counties and 15 other states, focusing on teens with court-appointed lawyers, reports the Associated Press, and found some alarming trends. In some courts, all teens are apparently required to wear shackles in the courtroom - no matter the seriousness of their offense. Worse, many teens do not have access to criminal defense attorneys with enough time or experience to adequately prepare their cases, sources say. The study reportedly found that, as a result of this lawyer deficiency, as many as 70% or more of teenagers take plea bargains instead of standing trial. Reports indicate that, for some, this translates to pleading guilty to more serious charges than necessary, simply to get the process "over with." Guilty pleas and convictions can in turn determine whether or not a juvenile is charged as an adult for later offenses as well as length of a prison sentence. Pantagraph.com reports that, in many cases, the defense attorneys assigned to juvenile cases are young and have little experience. This is especially worrisome because the juvenile criminal justice system requires specialized knowledge and training. And experts are apparently troubled by the high frequency of plea bargaining, which should not be used as a means of processing a large volume of criminal defense cases, especially when the defendant stands a decent chance of being acquitted at trial. The authors of the study suggested several measures for improving the juvenile court system, including providing more enthusiastic, available legal counsel for the defendants. And another study done on New York's juvenile criminal justice system underlined the need for such reforms. Newsday.com reports that New York's juveniles convicted of crimes cost the state $150,000 each per year to keep in custody. And a reported 75% of those released from custody reoffend within three years. According to one official, it's time for change. An underlying issue in both studies is the effect of the juvenile systems on the kids they're supposed to serve. In both Illinois and New York, juvenile offenders are subject to a flawed system that often has nothing to do with justice or "fairness." One analyst reportedly fears that kids simply lose faith in the criminal justice system when it doesn't work for them. And those who don't trust the system often choose to live outside it-as career criminals.The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

DNA Science Is NOT So Accurate

Identification Errors Increase as DNA Science Expands By: Gerri L Elder DNA evidence is largely regarded as the final word in the identification of criminal suspects. It is the most reliable forensic science and plays an integral part in many criminal cases, to the frustration of some criminal defense attorneys. However, as effective as DNA identification is, it's not perfect and has limits. A recent article by The Los Angeles Times highlighted the imperfections in DNA science. Contamination of samples or samples that go untested for many years can produce inaccurate results and reap havoc on the justice system. In 2004, Jerry Bellamy was arrested in New Jersey and charged with the murder of Jane Durrua, reported The Los Angeles Times. Durrua, an eighth-grade student, was raped, beaten and strangled 36 years before Bellamy's arrest. Prosecutor John Kaye announced that through DNA science, the mystery of Durrua's murder had been solved. As it turned out, Bellamy did not murder Durrua. Two years after his arrest, investigators discovered that DNA evidence from the murder scene had been contaminated. Bellamy's DNA was being tested in an unrelated case at the same lab that the Durrua crime scene evidence was being examined. When this error was discovered, Bellamy was freed. Another man was arrested for the murder, but died before trial. DNA evidence is often used to exonerate people who have been wrongly convicted; however, mislabeled and contaminated samples can also link innocent people to crimes. During criminal trials, DNA evidence is represented by prosecutors as infallible, and jurors generally believe that DNA can't be wrong. The problem is that it can - and sometimes it is. In some cases, crime labs have huge backlogs of DNA samples that sit untested. While this evidence collects dust, criminals who could have been caught have the opportunity to commit another crime. There have also been debates about whether DNA collection and storage is constitutional. Civil rights advocates argue that storing DNA of people who have been arrested but not convicted is a violation of privacy. Despite the imperfections, backlogs and questions about violating rights, a dramatic DNA database expansion in planned. Starting in January 2009, California Proposition 69, which passed in 2004, will allow authorities to store the DNA of anyone arrested on suspicion of serious misdemeanors and felonies. These DNA samples will be stored regardless of conviction. California's DNA database is expected to grow by 300,000 in 2009. The FBI's national DNA database currently contains approximately 6.4 million profiles. This database is expected to grow by about 1.3 million each year with the addition of DNA profiles from federal arrests and illegal immigrants. When Prop. 69 passed in California, it was believed that innocent people should not be afraid of having their DNA profiles stored in a database. Now that more errors have been discovered, it seems that there may be reason for concern. UC Irvine criminology professor William Thompson is considered the leading authority in the U.S. on DNA laboratory error. The Los Angeles Times obtained documents from five state-run and three county forensic labs and discovered reports of many laboratory errors or "unexpected" results over a five-year period ending in 2007. Thompson reviewed the records for The Times and concluded that laboratory personnel routinely make mistakes that could lead to the false identification of suspects. Without a doubt, as DNA databases grow, so do the chances that innocent people will be linked to crimes.The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

How Lawyers Defend Criminals

How Can Lawyers Defend Criminals? By Craig Cahoon The most common question I run into as a Washington State Criminal Defense Attorney is, "How can you defend criminals?" This question is generally based on two assumptions: 1. the Defendant is obviously guilty; and 2. by defending him or her, you are trying to let this obviously guilty person get away with their crime. As you will see, these assumptions turn out to be incorrect. Arrest Does Not Equal Guilt It's tempting to think that a Defendant must be guilty because the police arrested him or her for something. However, the law has a much different standard for judging when an arrest is valid versus when a conviction is called for. A valid arrest requires Probable Cause. This term gets defined in different ways but generally exists when the facts and circumstances known to the arresting officer are sufficiently trustworthy to cause a reasonable person to believe that an offense has been committed. If you think about that definition for awhile, it becomes apparent that it's actually a very low standard; and it should be. The rule is designed to make sure that there is some evidence before an arrest is made but balance the requirements for how strong that evidence is with the speed of decision required to catch criminals. Here's an example: A woman tells the police that a man stole her purse. The police ask the man and he denies knowing anything about the purse. Finally, the purse cannot be located. Under Probable Cause, there would be enough to justify arresting the man since the woman said he stole her purse. Do we know whether or not he did it? No. Should we let the Court System determine whether or not the man is guilty? Of course! Knowing that an arrest simply starts the Court Process, Officers often err on the side of making an arrest in a close call; as they should. Even the instructions read to Jurors emphasize the point, stating that the fact the Defendant was arrested has no bearing on whether or not he or she is guilty of the crime charged. Beyond A Reasonable Doubt We've all heard it on TV but the standard in a criminal case is "Beyond a Reasonable Doubt." But what does that mean? The term "reasonable doubt" can be defined differently but is generally: One for which a reason exists and may arise from the evidence or lack of evidence. It is such a doubt as would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence or lack of evidence. If we required a police officer to be convinced Beyond a Reasonable Doubt before they could even arrest someone, all of the "bad guys" would get away before the officer even concluded his investigation. What do you do if someone is guilty? If someone is guilty then there is nothing an Attorney can do about it. Keep in mind that A jury is made up of regular people. No matter how skilled the attorney is, if the defendant is obviously guilty the jury will convict. In this case, the attorney's job has two parts: discovering which charges the defendant is actually guilty of and making sure the sentence is rational. Over Charged People are often over charged, i.e. accused of more than the State can prove. An example of this is where someone is accused of Driving Under the Influence (DUI) and Reckless Driving. Very few cases of DUI also meet the standards required for Reckless Driving. In this case, if the Defendant is guilty of DUI but not reckless, a good Criminal Defense Attorney should be able to get the Reckless Driving charge thrown out even though the Defendant is ultimately convicted of DUI. Rational Sentencing Once a Defendant is found guilty, the Court's next job is to impose sentence. The Attorney's job becomes making sure that the sentence is appropriate for the crime charged and the Defendant's criminal history. As a general rule, the more criminal convictions someone has, the more harshly they will be sentenced on any new charges. Sometimes, however, the prosecution will seek to punish someone with little or no history the same as they would a career felon. By sentencing first time offenders and career criminals the same, we do not reward those people who have lived basically good lives nor punish hard enough those who choose a life of crime. What do you do if the State cannot prove the charge? There are two major categories of cases where the Prosecution fails to prove their case, either at the outset or at trial. At the Outset There are often times when the Prosecution simply does not have any evidence that a Defendant is guilty of a crime. In this case, you can file a Motion to Dismiss and ask that a Judge review the evidence to see if a dismissal is required. This motion can require that witnesses appear and give testimony or it can be based on the police reports themselves. At Trial If the Prosecution has evidence that someone is guilty, that is not the end of the matter. How strong is that evidence? Are the witnesses believable? Do they have a grudge against the Defendant? The heart of our judicial system is the Jury Trial. A trial is literally the first time when anyone hears ALL of the evidence. Trials can be stressful but in a close case they can be a life saver. Technicalities and The Law I often hear people say that a Defendant got off due to some technicality. There are no "technicalities" in Law, there is only The Law. Should it apply to everyone or should we allow the government to be immune from following the law? If the police violate the law, then the remedy can range from suppressing evidence to throwing out the case entirely. The Court System is our best attempt at creating a process that is fair. Like any system, however, it is only as good as the people who work within it. Defending people accused of crimes is not about "helping them get away with it," rather it is about ensuring that everyone is treated fairly. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Criminals on the Loose/ You need a Criminal Defense

Editorial: Criminals on the loose Sunday, December 14, 2008 By News & Record When Greensboro police investigate crimes, they’re usually not looking for strangers. “We are dealing with at least 65 percent repeat offenders,” Chief Tim Bellamy said last week.But making an arrest often just continues a maddening cycle: Suspects go to court, plead guilty to lesser charges, are released on probation and commit more crimes.Deadly consequencesNorth Carolina’s probation system is one weak link in that chain of failure. The public was horrified last spring when it learned the alleged killers of UNC student Eve Carson were on probation for other offenses and could have been in custody.It wasn’t an isolated occurrence. Recent reporting by The News & Observer of Raleigh reveals widespread deficiencies by the Division of Community Corrections, the state agency entrusted with monitoring criminals on probation.The newspaper documented 580 killings in eight years by people on probation. Thousands of probationers are considered missing, including 19 percent in Guilford County, the second-highest ratio in the state.Frustrating for police“We’ve lost control of the system,” Guilford County Sheriff BJ Barnes said, pointing to the jail population: “They’re the same people in there all the time, and they’re in there for heinous crimes.”“It becomes very, very frustrating,” High Point police Chief Jim Fealy said. He’d like to see more criminals sent to prison, fewer released on probation.It’s easy, but not always fair, to cast blame. Probation officers carry huge caseloads that make it impossible to monitor everyone closely. They lack up-to-date technology. And it’s not their decision to put dangerous offenders on probation in the first place.“As a group, probationers are not responsible people,” said Catherine Eagles, Guilford County’s senior resident Superior Court judge. “Could they be supervised better? Yes, with more resources. ... A probation officer is not a miracle worker.”Prosecutors often offer plea bargains that include probation instead of active time — largely because backlogs mean they can’t bring all cases to trial. Judges can reject a deal they consider too lenient but don’t have time or resources to investigate each case in enough detail to know for certain whether an offender is a good risk for probation.And the state’s prisons are full, anyway. “You cannot just lock the door and throw away the key,” Guilford County Public Defender Wally Harrelson said. “You would bankrupt the state.”The search for solutionsThe status quo isn’t acceptable.Bellamy supports a stronger focus in juvenile court, where he says many young offenders learn to work a system that always gives them another chance until they’re hardened criminals.Fealy agrees. High Point police recently began working more closely with juvenile court officials to deal forcefully with the worst young offenders. The approach is similar to that pioneered by the city’s Violent Crimes Task Force, which gives offenders access to community resources to help change their behavior, but cracks down hard if they reject the opportunity.Greensboro police operate a similar task force, which supports initiatives to provide job training and other services to steer offenders away from crime.In a related effort, the Greensboro Merchants Association recently hosted a breakfast for local businesses, encouraging them to hire ex-offenders and offering information about federal tax credits if they do.“It is a community problem, and we need to address it with community solutions,” Steve Branch, GMA’s vice president and general manager, said.The Sheriff’s Office has joined with Goodwill Industries in a program to train ex-offenders for jobs.Barnes thinks the right programs can help but often face long odds. “The average education level is sixth grade in our jail,” he said. “You can’t get a job with a sixth-grade education.”It can be a tough sell, too, to ask a businessman to take a chance on a job candidate with a criminal record. Yet it’s a risk to leave that individual on the street with no means of making an honest living.Improvements at all levels are required, starting in Raleigh, where the present administration has showed little interest in fixing these problems. The next one must do better.Also needed: intervention for at-risk youngsters, including gang interdiction; more drug-treatment; stricter probation when appropriate, with tougher, swifter responses to violations; incarceration when lesser measures are inadequate; and practical help for offenders who want to make better choices.The cost of failure is an endless cycle of crime at everyone’s risk. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

Goodbye for Now/ Safety

Dear Americans, Today is Friday (TGIF) and most people tend to party and have fun. That is normal. After a busy week people want to kick back and relax. However this is just a reminder to teenagers and adults to stay safe, don't drink and drive, and enjoy the weekend. Be ready for a busy week next week and to anyone who is laid off, Hassett and Associates hopes you find a job soon! Also to anyone who is looking for a job, Hassett and Associates P.A. is currently looking to hire a legal secretary. If you are interested contact our office at 954-791-3939 for more information. We wish you a safe and happy weekend and hope to hear from you next week. Take care! The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

South Broward Bar Association/ Work

Good Afternoon Loyal Citizens, The South Broward Bar Association was an enriching and knowledgeable experience for everyone. There was an attendance rate of 44 lawyers, judges, and other members of the legal community. Judge Sharon Zeller was the keynote speaker for a legal community forum on Profesionalism from a Judicial Point of View. Everyone loved listening to Judge Zeller and would have loved to hear more, but unfortunately time ran out:( If you are interested in joining this up and coming association the fee is $75. The meetings are the first Thursday of every month; members pay$20 and nonmembers pay$30. Nonmembers are always invited to come and join us. Also if you attend you recieve CLE credits. Announcement: On Sept. 11,2009 at the Hard Rock Hotel and Casino the SBBA will be meeting there at the Improv. The time and performer are still being discussed by the board. However all of you are invited to attend. You must have a minimum of 2 drinks and if you are a member one of the drinks will be payed for. We would love to see you there. I will keep you posted on the changes, times, and performer. The President, Attorney Ken Hassett will give you more updates on this event. If you have any questions call us at 954-791-3939. Thank you and have a great day! The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc. Labels: SBBAThe information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.

South Broward Bar Association

Good Morning Loyal Citizens of America,

Today is our annual South Broward Bar Association Luncheon. We're welcoming attorneys and judges to join our organization, who are interested in a unique opportunity to network and become more involved in Southern Broward County. Being an active member in this voluntary bar association will be beneficial to your practice, as you'll have the opportunity to network with your peers and members of our community in both professional and social settings. This enriching experience is something you will never forget. The President of this up and coming organization is of course, Criminal Defense Attorney Ken Hassett. So come join us at the Ark restaurant and listen to Judge Sharon Zeller talk about Professionalism from a Judicial Point of View. If you are interested in joining this prestigious association call our office at 954-791-3939. One of our legal assistants or the attorney himself will be more than happy to take your call. If you would like to learn more about us go to www.criminaldefense.cc. Let us help you protect your rights! The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc. This event was written and posted yesterday, but due to a typo it was deleted, and it is now being posted again today. Labels: Bar Association