In a motion recently filed by new counsel, Petters ostensibly claims that there was an settlement offer proposed by the prosecution of a sentence with a 30-year cap, and that he was talked into rejecting that offer. A report by the Minneapolis Star-Tribune does not provide any specific details into what Petters reportedly knew, and his new counsel only said that the matter was "very sensitive."
]]> Petters is currently serving a 50 year prison sentence in Leavenworth Federal Prison for a running a billion dollar ponzi scheme that defrauded investors for nearly a decade.Motions for reconsideration based on ineffective assistance counsel are notoriously difficult. The accused must prove that the prosecution made a formal offer, instead of mere conjecture or suggestions about sentencing. The accused must also show that if he knew about the offer, he would have taken it (obviously Petters will claim this). Additionally, the accused must show that the offer would have been accepted by the court.
As an example, O.J. Simpson is claiming that his former attorney was provided with a settlement offer that would have him serve only 2-4 years in jail (which probably included time served before trial). Simpson is in year five of a 15 year prison sentence. He claims that if he would have known about the offer, he certainly would have taken it, and that the court would have ratified the agreement.
It remains to be seen whether Petters' motion will be granted.
Source: StarTribune.com, Tom Petters plea claim called hard to prove, May 13, 2013
]]>Two studies on gun violence were recently released and ostensibly paint a very different picture than the ones painted by political parties.
]]> The Pew Research Center reported that the rate of gun homicides dropped between 1993 and 2011. In the early 1990's, the rate was 7 percent per 100,000 people. By 2011, it had dropped to 3.6 percent per 100,000 people. The numbers represented a 49 percent drop.Meanwhile, the Bureau of Justice Statistics reported that the number of annual deaths by gun violence dropped from 18,253 in 1993, to 11,101 in 2011. This was 39 percent drop between the years compared. Overall, the reports exemplified a downward trend in violent crime across the nation.
Of course, both sides of the gun debate will use the information to support their causes. It is expected that gun rights activists will continue their mantra that an armed society is a safer society. At the same time, gun control advocates will insist that the respective drops are attributable to enforcement of background checks, and that further investigation will lead to fewer lives lost.
In the meantime, gun crimes will continue to be harshly punished. If you have been charged with a gun crime in Minnesota, an experienced criminal defense lawyer is essential.
Source: NPR.org, Reports show gun homicides down since 1990's, May 7, 2013
]]>Today, her attorney will attempt to have her conviction overturned as he argues that there was not enough evidence to show that she knew that she hit someone. He also argues that the trial court judge abused his discretion by suppressing evidence that Phanthavong had drugs in his system at the time of the accident, and that the jury may have been confused over what they may consider in reaching a verdict.
]]> Criminal appeals are based on disputes over how the law is applied, as opposed to disputes over factual claims. Appellate court judges rule on issues over whether objections (and subsequent evidentiary disputes) were properly ruled upon, and whether the overall trial was grossly unfair to a particular party.Attorneys make procedural arguments at trial to "perfect" the record, in other words, to preserve issues for possible appeal. They do this because a procedural error could lead to the exclusion of important factual evidence, which can effect the outcome of a trial.
Legal analysts are skeptical over whether Senser has strong arguments to merit a new trial. They believe that an appellate court may be unwilling to change a verdict reached by twelve jurors who saw the testimony first hand. Also, the court may not intrude on the how the jurors deliberated, especially when they came back with a unanimous decision.
Nevertheless, appeals are an important function of the criminal justice system.
Source: StarTribune.com, A year after her conviction, Amy Senser's appeal to be heard Wednesday, May 1, 2013
]]>The Court, in Missouri v. McNeely, ruled that the exigent circumstances claimed by the Missouri State Patrol were not sufficient enough to excuse the need for a warrant before completing the forced blood draw of a DUI suspect.
]]> Justice Sonia Sotomayor, who wrote for the majority, explained that drawing a person's blood is an invasive procedure that falls within the Fourth Amendment's prohibition on unreasonable searches for it "implicates an individual's most personal and deep-rooted expectations of privacy." Because of this, the Court was going to stand firm on its view of which searches would require a warrant.Justice Sotomayor noted that there would be instances, specifically emergencies, where a warrantless blood draw would be excused, but cautioned that these situations would be the exception, and not the rule.
The State of Missouri reasoned that important evidence would be lost if police were not allowed to act quickly and conduct a blood test. The court rejected this notion, and the increased use of electronic warrants tends to bolster this argument. With the ability to contact a judge and obtain an answer within minutes, it is reasonable to believe that police will have a way to comply with the Constitution and still obtain the evidence they need.
Source: LA Times.com, Supreme Court rules sobriety blood tests require warrants, April 18, 2013
]]>The application allows officers to create a warrant petition directly on their laptop computers that can be sent to a judge who can quickly review and approve it. Some judges are specifically assigned to review search warrants (i.e. a signing judge) while others review them in between cases.
]]> This new enhancement is important in limiting the potential for those arrested on suspicion of drunk driving of thwarting investigations to obtain evidence of alcohol impairment. Under Minnesota's implied consent law, those charged with DWI must submit to a chemical test. They have an option of taking a breath test, a urine test, or a blood test. In order to avoid criminal penalties, some people may refuse to take any of the tests offered. (They run the risk of having their license suspended, but they suspect that it would be better than facing jail time.)A search warrant essentially trumps an arrestee's refusal and allows law enforcement to obtain a blood sample.
Even with this new technology, police must still have probable cause before obtaining a warrant. As such, some warrants can still be challenged based on the facts set forth in the petition. If you have been charged with a crime with evidence obtained through an e-warrant, contact an experienced criminal defense attorney.
Source: USA Today.com, Phoenix Police speed up DUI search warrant process, April 12, 2013
]]>The motive, prosecutors believe, was that Mrs. Strickland and her grandson wanted to go shopping with the elder Strickland's money after his demise. They argued at a recent bail hearing that shortly after Mr. Strickland's death, neighbors saw the teen driving a new car, and had received new shoes, a cell phone, as well as new tattoos. Mrs. Strickland is being held on $500,000 bond, and the younger Strickland is being held without bond.
]]> During bail hearings, judges listen to arguments from the prosecution and the defense regarding whether an accused may be released prior to upcoming hearings and (if necessary) trial. They consider a number of factors, including the person's relative risk to public safety, the nature of the charge, the likelihood of compliance with the court's conditions, and the likelihood of returning to court on their own initiative.Bail hearings in Minnesota are important for a number of reasons. If the accused is employed, being in jail for an extended period of time would cause them to lose their job. Also, if the accused is a single parent, jail time could be hardship to children. Because of all the factors that go into deciding bail, it is best to have a skilled criminal defense attorney.
Source: ABC News.com, Chicago grandma accused of commissioning grandson to kill grandpa, April 8, 2013
]]>The charges stem from a disturbance reported at an apartment complex in Apple Valley. When police arrived, they noticed a man rummaging through a vehicle. Fearing that he may have a gun, officers ordered the man from the car and searched it. They found what was later identified as two pounds of heroin.
]]> Drug possession cases come with serious consequences. Under Minnesota law, a person convicted of first degree controlled substance crime may serve prison time. If sent to prison, they are required by statute to serve the entire term of imprisonment without the eligibility of parole or supervised release.As such, it is important to have experienced counsel to advise someone accused of these crimes of their legal rights and options, as well as possible defenses. With the above case in question, there may be questions about the officers' legal authority to order the man out of the vehicle to perform a search. This is a key question given a person's Fourth Amendment right to privacy. Essentially, was the reported disturbance reasonably linked to the officers' alleged fear that the man had a weapon?
While it remains to be seen whether this fear was properly grounded, the evidence (i.e. the heroin) seized could be excluded if a court determines that the search was in violation of the man's constitutional rights.
Source: KSTP.com, Brooklyn Park man charged in largest heroin bust in Dakota County, April 2, 2013
]]>This may be the case for a 27-year-old Anoka woman who was recently charged with four counts of criminal vehicular operation. The charges stem from an accident in Andover where the woman was allegedly driving drunk.
]]> According to a WCCO.com report, witnesses saw the woman and another man drinking in a bar while a five-year old girl (later identified as the woman's daughter) was left in the car. The criminal complaint indicated that her blood alcohol level was .14, nearly twice the legal limit of .08. Witnesses also reported seeing the car travelling at high rates of speed before losing control and crashing into a ditch. The little girl had to have a finger amputated due to hand injuries suffered in the crash.An experienced criminal defense attorney is critical in these situations. He or she can challenge the accounts set forth in the complaint, as well the blood alcohol tests used to justify the charges. Also, a lawyer can conduct an independent investigation to unearth any other facts that would be helpful in answering the charges.
The report did not indicate whether she will face criminal endangerment charges in addition, or whether child protective services would be involved. Nevertheless, she faces prison time if she is convicted on the criminal counts.
Source: CBSLocal.com, Mom charged in drunken driving crash that cost daughter her finger, March 26, 2013
]]>This may be the case for a 27-year-old Anoka woman who was recently charged with four counts of criminal vehicular operation. The charges stem from an accident in Andover where the woman was allegedly driving drunk.
]]> According to a WCCO.com report, witnesses saw the woman and another man drinking in a bar while a five-year old girl (later identified as the woman's daughter) was left in the car. The criminal complaint indicated that her blood alcohol level was .14, nearly twice the legal limit of .08. Witnesses also reported seeing the car travelling at high rates of speed before losing control and crashing into a ditch. The little girl had to have a finger amputated due to hand injuries suffered in the crash.An experienced criminal defense attorney is critical in these situations. He or she can challenge the accounts set forth in the complaint, as well the blood alcohol tests used to justify the charges. Also, a lawyer can conduct an independent investigation to unearth any other facts that would be helpful in answering the charges.
The report did not indicate whether she will face criminal endangerment charges in addition, or whether child protective services would be involved. Nevertheless, she faces prison time if she is convicted on the criminal counts.
Source: CBSLocal.com, Mom charged in drunken driving crash that cost daughter her finger, March 26, 2013
]]>The first arrest came in March, nearly a month after his ex-wife of 15 years, Whitney Houston was found dead in a Beverly Hills hotel. Houston's death shocked the music industry as well as her family, and probably led to his depression (and more drinking). His second arrest came in October. Authorities initially stopped him for a cell phone violation, but found that he was under the influence after administering field sobriety tests.
As such, Brown pleaded guilty to misdemeanor DUI and driving with a suspended license stemming from the March DUI charge.
]]> In addition to the 55 days in jail, Brown was also order to take part in Alcohol Anonymous meetings and complete an 18 month alcohol treatment program.Brown's story is not just another "celebrity gone bad" saga. Rather it is an example of how the knowledge and expertise of a criminal defense attorney can help someone with multiple drunk driving infractions. People charged with drunk driving in Minnesota (if they have priors) face stiff penalties and fines, in addition to the possibility of losing their vehicle.
As such, it is helpful to have an experienced lawyer who can explain the unique circumstances behind the charge and offer appropriate solutions that can help an accused avoid jail time.
Source: ABC News.com, Bobby Brown turns himself in for DUI conviction, March 20, 2013
]]>Recently, two social justice groups are pressing employers on their reluctance on hiring applicants with criminal records. The St. Paul Chapter of the NAACP as well as TakeAction Minnesota have filed complaints with the Equal Employment Opportunity Commission alleging that retail giant Target discriminates against applicants who are duly qualified for employment, but also have criminal records.
]]> Many candidates who are affected have low-level drug possession, or misdemeanor theft convictions, many of which have long since served their sentences and completed diversion programs. As such, the NAACP and TakeAction believe that such convictions (that have long since passed) should not continue to haunt the person in the present.While employers have wide discretion in choosing employees, federal prevents them from instituting blanket polices to deny applicants with criminal records. An employer can choose not to hire an otherwise qualified candidate with a criminal record as long as a legitimate business need can be shown for denying employment (such as a safety issue or security concern).
Target asserts that it does not reject applicants based solely on one's criminal background. How it maintains that it will deny employment to a person if the background presents an unreasonable threat to the safety and welfare of its customers and employees.
Source: Minnesota Public Radio.org, Groups press Target to consider job applicants with criminal backgrounds, February 20, 2013
]]>According to Ohio University professor Donald Hutchinson, jail time may have the latter effect. In his book, "Street Dreams: The Effect of Incarceration on Illegal Earnings" Hutchinson found that prison time made it difficult for convicted felons to thrive in the conventional labor market, which ultimately led them to the underground economy (of illegal activity) where some actually found some success.
]]> He based his findings on eight years of data from the National Longitudinal Survey of Youth, a survey conducted by the U.S. Department of Labor on market activities and significant life events that may shape economic opportunities. His findings reflect what has been shown in countless studies: people with prison records are seen as unreliable, dangerous, and therefore unemployable.Hutchinson also indicates that prison time leads to illegal earnings because of the social capital that is built while behind bars. Essentially, instead of building networks that could help offenders on the outside in terms of finding jobs, the only networks available lead to the underground economy. Education and job hunting skills are not necessarily developed, which results in a dearth of qualifications. Combine that with the stigma of a criminal record, and the table is unfortunately set for an ex-felon.
These findings may be the impetus for sentencing reform, considering that a large number of offenders are serving prison time for non-violent, drug related crimes (e.g. possession with intent to distribute, theft). In the meantime, it signals the need for vigorous defense to drug charges.
Source: CNBC.com, Flush with crime: Study shows prison a career booster, March 7, 2013
]]>Those who drive, including those here in Minnesota, should heed the results of new research released late last month. In an experiment involving eight men and eight women, researchers found that drinking alcohol with diet soda can lead to faster intoxication and an especially elevated blood alcohol content reading. Given that such a reading can lead to an increased likelihood of a DUI or DWI, the simple act of choosing to drink diet soda can end in serious repercussions.
]]> The research, a university study, gathered data from men and women ages 21 to 33 and found that, upon giving some vodka mixed with regular soda and others vodka mixed with diet, diet drinkers recorded blood alcohol content levels that were 18 percent higher than those drinking regular soda. After just three or four drinks, diet drinkers' BACs were beyond the legal .08 limit; most regular soda drinkers remained below it.These results point to a dangerous trade off of calories for potential intoxication. A drunk driving conviction can turn a person's entire life around with its steep fines, license revocation, and possible jail time.
Anyone getting behind the wheel should take care to be sure of how intoxicated they are. In some situations, a drunk driving arrest and charges can be completely unexpected, and sometimes the cause of such charges can be as simple as drinking diet soda. In every situation where a DUI or DWI is at stake, however, working with an experienced drunk driving defense attorney is absolutely essential.
Source: Fox News, "Diet or regular? Choice of alcohol mixer affects intoxication," Rachael Rettner, Feb. 06, 2013
]]>Since then, red-light cameras have become a hotly debated issue. Proponents believe that such cameras are an integral part of traffic safety, and are becoming more important as automated networks monitor HOV lanes, high traffic intersections without extra man-power to enforce traffic laws. Moreover, they believe that the specter of a violation makes drivers think twice before running a red light, which ultimately saves lives.
]]> Opponents believe that red light cameras do not lead to the safety results touted by the private companies that provide them to municipalities. They enjoy a direct financial incentive that runs conversely to the ultimate goal of traffic safety. In essence, streets may not be safer with the cameras, but companies and municipalities may find a new source of revenue at a driver's expense.A bill currently before the legislature is experiencing similar opposition from police organizations and lawmakers alike. They are not moved by the statistical information and studies about how red-light cameras save lives, and are more concerned about the specter of private companies having a financial interest in law enforcement. In fact, police representatives are convinced that red light cameras will make the relationship between law enforcement and the public much more difficult.
The bill doesn't appear poised to survive a committee vote, but the public safety debate will go on.
Source: Insurance News.com, Red-light camera plan bogs down in Minnesota legislature, February 21, 2013
]]>According to an StlToday.com, Lt. Hayes is on paid administrative leave as officials from internal affairs investigate the allegations. The inquiry stems from letter sent from an anonymous county official alerting the police chief to orders from Lt. Hayes that he wanted to "focus on arresting blacks in the vicinity of the South County Center." He ostensibly told officers to check the license plates of black drivers and arrest them if there were outstanding warrants.
Before a law enforcement officer can stop a vehicle, he or she must have a reasonable, articulable suspicion that a crime has been committed. Without this suspicion, a stop does not have legal merit, even though it may later be found that the driver (or any passengers within the vehicle) has outstanding warrants.
For those who are suspicious people, it is important to remember the circumstances surrounding the stop (i.e. what you were doing, or if the officer asked about why he or she stopped you). These could be key clues in challenging the criminal charges against you.
Source: StlToday.com, St. Louis County police lieutenant put on leave following claims of racial profiling, February 7, 2013
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