» Criminal Defense Law

St. Peters, MO, (Law Firm Newswire) November 17, 2015 – The FBI will begin collecting and making public more information about police shootings involving civilians, according to FBI Director James Comey. The agency released its annual data on crime in the United States on Sept. 28. Once the FBI gathers the data, it will release a special report on police use of force in the line of duty, which has been the subject of public debate. According to Comey, the publication will “outline facts about what happened, who was involved, the nature of injuries or deaths, and the circumstances behind […]


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New York, NY (Law Firm Newswire) November 10, 2015 – Peter Brill is an attorney licensed to practice in New York State who focuses on criminal defense and disciplinary hearings. He recently became a certified member of the National Board of Trial Advocacy (NBTA), a prestigious membership limited to attorneys who have demonstrated the special knowledge, skills and proficiency necessary to be referred to as a “Board Certified Advocate.” After almost two years of fulfilling rigorous requirements to achieve NBTA certification, Mr. Brill is now one of only two lawyers in New York State to be NBTA certified in Criminal […]


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Lakeland, FL (Law Firm Newswire) October 26, 2015 – Entrapment is an affirmative criminal defense utilized in a situation where law enforcement induced someone to commit a crime that he or she would not have otherwise committed. An affirmative defense means the defendant must prove entrapment. When entrapment is used as a defense in a criminal case, it assumes that an ordinary citizen would have resisted the temptation to commit a specific crime but for having been provided with some incentive by police. In a number of U.S. jurisdictions, entrapment may be used as a defense against criminal liability. The […]


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Dallas, TX (Law Firm Newswire) October 23, 2015 – What was once a trusted relationship between plaintiff Gale Corbett Hutchinson Jr. and a Farmer’s Insurance Agent, Fred Worthey Insurance Agency in Tarrant County, Texas, deteriorated into a miasma of racially offensive epithets, harassment and retaliation. Hutchinson blew the whistle on what he perceived to be an insurance fraud scam and attempts by Fred Worthey’s son, Justin Worthey to involve Hutchinson in a complex identity theft scheme beginning with the parents of Justin Worthey, Fred and Brenda Worthey of Mansfield, Texas and owners of the Fred Worthey Insurance Agency (WIA). The […]


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Lakeland, FL (Law Firm Newswire) October 19, 2015 – A crime may be committed in self-defense. But what is the definition of self-defense? The right of self-defense is the right of an individual to use reasonable physical force in order to defend their own life or the lives of others. In certain situations, this includes the use of deadly force. When someone uses the defense of self-defense in court, it is often used for serious crimes when the person has inflicted harm upon another (assault and battery, homicide), but their actions were justified due to the need to protect themselves […]


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San Francisco, CA (Law Firm Newswire) October 2, 2015 – At the Folsom Street Fair on September 27th, 2015 KinkBNB LLC is publicly launching a campaign to decriminalize sex work and support currently legal sex workers. Coming on the heels of an extremely successful launch in May, the multinational company decided to clarify its position on sex work and to incorporate support for legal sex work into the website’s future offerings. Starting in November, improvements to the website enhance the experience for guests and hosts by making it more customizable. At the host’s option, listings will be available for hourly […]


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Lakeland, FL (Law Firm Newswire) September 15, 2015 – Can sexually dangerous inmates be held past their release date? Yes, they may be held indefinitely despite the end of a completed prison sentence. The Adam Walsh Child Protection and Safety Act, passed by President Bush in 2006, gave the government authority to hold sexually dangerous federal prisoners for an indefinite period of time. In United States v. Graydon Earl Comstock (https://www.law.cornell.edu/supct/pdf/08-1224P.ZO), Comstock examined whether or not the federal government had the power to hold inmates indefinitely or if it had gone beyond the powers granted by the Constitution. The U.S. […]


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Lakeland, FL (Law Firm Newswire) September 8, 2015 – Crack cocaine users handed a greater than the mandatory minimum sentence had their jail term(s) reduced after a revision of the Fair Sentencing Act of 2010 (FSA). The public hearing that triggered the major revision of the FSA was held by the United States Sentencing Commission in 2011. The mere suggestion that hundreds, if not thousands, of inmates could possibly have their drug related sentences reduced triggered an avalanche of correspondences asking that the proposed new rules be applied. The Act’s revision met with very little opposition and managed to pass […]


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Lakeland, FL (Law Firm Newswire) August 28, 2015 – Overdosing on legitimate prescriptions or pill mill doctor prescriptions such as oxycodone, hydrocodone and oxymorphone now account for the single largest cause of accidental death in the U.S. Once only prescribed for the terminally ill, opiods have become an everyday tool for pain management. “Statistics from the CDC (Centers for Disease Control and Prevention) reveal that more Americans die from prescription drug overdoses for painkillers than from other street drugs, such as heroine or cocaine,” said noted Lakeland criminal defense attorney, Thomas Grajek. In fact, the CDC statistics also show that […]


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Lakeland, FL (Law Firm Newswire) August 21, 2015 – Is a judge allowed to change a sentence after one has been imposed, while the offender is in jail serving time? “The short answer in that scenario is, more often than not, no, because this situation is called double jeopardy. It would be wrong on a number of levels,” said Thomas Grajek, a Lakeland, Florida, criminal defense attorney. “No officer of the court, such as a judge, can on their own, without holding a hearing including all relevant parties, re-sentence someone after they have already been sentenced.” It is one thing […]


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Lakeland, FL (Law Firm Newswire) July 22, 2015 – Criminal charges are not processed through just any court. To try a case, the court must have personal jurisdiction, subject matter jurisdiction and the power to try an accused for breaking the law. Jurisdiction equates to the word “power.” A jurisdictional issue over a legal matter has three components: · The question of whether there is jurisdiction to hand down a judgement sought · The question of whether there is jurisdiction over the matter in question · The question of whether or not there is jurisdiction over the individual charged It […]


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Lakeland, FL (Law Firm Newswire) July 17, 2015 – Can the mistakes of the past be erased or expunged? Yes, provided it is done with the assistance of a knowledgeable criminal defense attorney, as the process is complicated and subject to a multitude of rules and regulations and timelines. What may seem like a childlike prank may turn into something far more serious if the criminal justice system becomes involved. Once a young offender has a record, that record may follow him or her for the rest of their life, unless the record is sealed or expunged/expunction. Sealing effectively conceals […]


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St. Peters, MO, (Law Firm Newswire) July 10, 2015 – Attorney general’s findings show greater disparity in 2014 than 2013 and largest in 15 years. On June 1, Missouri Attorney General Chris Koster’s office released its annual report, and its most prominent finding was the fact that in 2014 black motorists were 75 percent more likely than whites to be stopped by police. That figure is not only an increase from the previous year but also the highest since the state began recording such data in 2000, when the statistical disparity came in at 31 percent. Koster’s office cautioned that […]


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Eugene, OR (Law Firm Newswire) July 6, 2015 – The Register Guard‘s readers voted Arnold Law Eugene, Oregon’s best law firm. The Register-Guard newspaper is read by 66 percent of all adults in Lane County, either in print or online. With Lane County with a population of over 356,000 and over 1000 lawyers, the competition among law firms is strong. By Eugene standards, Arnold Law is a “medium-sized” law firm of nine lawyers. It would be a small firm by Portland standards. But having only existed since 2002, Arnold Law is proud of its Oregon lawyers’ rise in prominence. In […]


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Broward County, FL (Law Firm Newswire) June 29, 2015 – During a compelling one day trial that occurred on June 15, 2015, justice was served by a jury of four women and two men when, after approximately twenty-five minutes of deliberation, they rendered a verdict awarding $844,566,000 to the family of Timothy Blaikie. Two years ago, Blaikie, then forty-nine-years-old, was struck and killed in a highway accident by a drunken driver, twenty-five-year-old Chris Morena-Vega. On May 18, 2013, Chris Morena-Vega rear-ended with Timothy Blaikie, who was riding his scooter on South Federal Highway in Fort Lauderdale, Florida. Blaikie’s spine fractured […]


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Lakeland, FL (Law Firm Newswire) June 25, 2015 – These days, DUI/DWI convictions are becoming more stringent, but there are eight states with very strict penalties. “A DUI/DWI penalty is not much fun, no matter where you incur it,” points out Lakeland, Florida. criminal defense attorney Thomas C. Grajek. “However, there are some states that really take a dim view of drinking and driving and their DUI/DWI penalties are very harsh.” The eight worst states to be convicted of drinking and driving are: Arizona, California, Florida, Illinois, New Jersey, Oregon, Georgia and New York. Arizona does not mess around, even […]


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Lakeland, FL (Law Firm Newswire) June 18, 2015 – Distracted driving comes in many forms. The law views two of those distractions the same: drunk driving and driving under the influence of drugs. The difficulty with taking prescription medications and driving is that many people do not realize their cognitive abilities may have become impaired. Others do not believe the warnings printed on medications about not driving when taking various medications. For whatever reasons, people just do not regard driving while under the influence of prescription medication(s) to be the same as DWI. According to a National Highway Traffic Safety […]


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Lakeland, FL (Law Firm Newswire) May 26, 2015 – All crimes have one thing in common: they begin with an arraignment process and a preliminary hearing. The law categorizes criminal offenses as felonies or misdemeanors, with misdemeanors being generally defined as lesser offenses (e.g. shop lifting, DWI) and felonies involving more serious offenses such as kidnapping or murder. Regardless of the classification of the offense, the ensuing process through the justice system to conviction or dismissal of charges is much the same, with minor differences per each jurisdiction. It all begins with an arraignment at the first appearance in court. […]


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Lakeland, FL (Law Firm Newswire) May 19, 2015 – The FBI has 77.7 million people listed in its master criminal database and add between 10,000 and 12,000 new names every day. Many Americans with criminal records cannot find employment even if the record is decades old, minor, has been dropped, not corrected or if the court found them not guilty. Although a daunting hurdle to surmount, having a record does not necessarily result in unemployability, an inability to obtain housing or secure a loan. One in every three American adults has a criminal record of some sort. The problem is […]


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Lakeland, FL (Law Firm Newswire) April 29, 2015 – Among the many factors that go into determining a convicted offender’s sentence is mental capacity. A defendant’s mental incapacity, once proven, may result in delayed sentencing until the individual is deemed better or may result in a reduced sentence under U.S. Sentencing Guidelines. Judges decide each case on its merits, as no two cases are ever the same. Diminished capacity is not applicable as a defense if the defendant’s mental incapacity was the result of voluntary ingestion of drugs or alcohol. State laws tend to vary on this issue. Also it […]


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