According to the complaint, the cocaine originated in Honduras, where several people would package it and transport it to the United States. Agents for the Federal Bureau of Investigation said that the cocaine would be hidden among and inside of various items to disguise the shipments.
]]> One such item was a piece of wood that displayed the Honduran flag and the country's borders. In 2006, authorities arrested a woman at an area airport after she attempted to transport 25 pairs of boots filled with cocaine into the country. Law enforcement now believes that that incident is connected to the recently uncovered conspiracy.Once the cocaine reached Virginia, investigators allege, the group would parcel out the drugs among a number of smaller dealers. The reach of the conspiracy is alleged to have spilled over Virginia's northern border into neighboring states.
Investigators were tipped off to the drug trafficking by a resident who told law enforcement of purported drug dealing activity in that person's neighborhood. Over time, authorities compiled a number of communications between the suspects, which include text messages about logistical matters.
Drug charges have particularly serious consequences in terms of potential prison sentences and fines. Federal conspiracy laws have a broad reach and can subject many people to charges. But a strong criminal defense can determine if a person meets the criteria of belonging to a conspiracy and whether the evidence obtained was done so in accordance with applicable law.
Source: The Washington Examiner, "28 busted in Northern Virginia cocaine ring," Emily Babay, May 10, 2012.
]]>In an update to a prior blog post, a number of people have filed challenges to their DUI convictions that may have been based on false breath tests results. An examination of the city's breath testing machines revealed that none was accurate and that the equipment registered a person's blood alcohol content as 20 percent greater than the true amount. The accuracy of breath tests is of paramount importance in the city because the law there allows a court to find a driver guilty of DUI on the test results alone.
]]> During the period from 2008 to 2010, the city said that as many as 400 drunk driving cases had involved results from the malfunctioning machines. Recently, the city reached an agreement with four people affected by the inaccurate equipment and will pay them approximately $20,000. Payment amounts varied among the four. The city has extended similar offers to six other defendants in DUI cases.The payment does not signify that the four defendants were absolved of guilt, however. Prosecutors used additional evidence to obtain three DUI convictions. Yet their cases, and those of similar alleged drunk drivers, illustrate that evidence, including scientific evidence, brought against a defendant can be false. Defendants have a right to challenge the evidence against them to prove its veracity.
Source: The Washington Post, "D.C. to pay 4 drivers $20,000 in challenged drunken driving convictions," Mary Pat Flaherty, May 7, 2012.
]]>The revelation follows an additional arrest in the shooting case. Police took a former Virginia State University student into custody on Wednesday, charging him with two conspiracy charges: one to violate the state's drug control act and the other to commit murder. The man police suspect was the shooter has not been arrested, but police have indicated that he will likely face criminal charges of felony use of a firearm and first-degree murder. Law enforcement has also charged a third suspect with brandishing a gun in the course of the alleged drug transaction.
]]> Without question, all of the criminal charges facing these young men are serious. It is important to remember, however, that one version of events could be missing important details or lacking sufficient evidence. In a criminal case, the prosecution bears the highest burden of proof imposed by law: proof beyond a reasonable doubt. They must meet that burden regarding each element of the crimes alleged.All too often we may become persuaded by details revealed in news stories. A strong criminal defense can reveal facts in the courtroom that perhaps were not visible at first glance.
Source: Richmond Times-Dispatch, "UPDATE: Police say Ettrick slaying followed drug robbery," Mark Bowes, May 3, 2012.
]]>Virginia law does currently impose ignition interlocks as a penalty for drunk driving. But it is reserved for those with a blood alcohol content of at least 0.15 or those with multiple DUI offenses. Advocates say that stiffer penalties are needed to reduce the number of drunk driving incidents in our state. But others, including defense lawyers, note that the fees mandated by the law will place an unfair burden on those with smaller incomes.
]]> Ignition interlock devices can be expensive, but the new law omits the power for judges to lower or eliminate the fees based on a defendant's financial circumstances. And without an ignition interlock device, a person convicted of DUI will be ineligible for a restricted license, which enables a person to drive to work and a limited set of other locations.Others suggest that the ignition interlock law will create a disincentive for defendants to accept a plea agreement because they will have to install an ignition interlock as a consequence. Instead, more defendants may choose to go to trial in an attempt to avoid the interlock device. This new incentive structure highlights the need for defendants to seek experienced trial counsel in DUI cases.
Source: The Washington Post, "Is Va.'s ignition-interlock rule for first-time DUI offenders too tough?" Justin Jouvenal, April 8, 2012.
]]>The decision is meant to provide clearer guidance to drivers and law enforcement officials in an area of the law that some lawyers complained was somewhat ambiguous. The court had previously ruled that an intoxicated driver whose car was running but stuck off the side of the road was guilty of DUI. But in a prior case very similar to the current one, the court ruled in favor of a drunk driver who had fallen asleep in a parked car with the key in the ignition but the engine off.
]]> In the current case, police officers discovered a car parked at a bus stop in the early morning hours. Although music was playing, the driver appeared to have been asleep. He did not initially respond to police officers' attempts to wake him by knocking on the car. When he eventually awoke, officers reported that he smelled of alcohol. Officers then administered sobriety tests, which the driver did not pass.The court's opinion made clear that in order for the ruling to apply the driver's vehicle must be on a "public highway." Some members of the Virginia General Assembly opined that the court had gone too far and had acted as legislators.
Depending on the level of impairment and the number of prior DUI offenses, those accused of DUI in Virginia can face significant penalties. As with any criminal defendant, it is important that DUI suspects know their rights.
Source: The Washington Times, "Key in ignition of parked car ruled enough for drunken-driving charge," David Sherfinski, April 15, 2012.
]]>Court documents indicate that the woman took a role in a drug conspiracy in 2009. As a part of the plea agreement, she admitted to helping traffic large quantities of heroin down the East Coast to Virginia and the surrounding area.
]]> The woman also pleaded guilty to additional crimes that took place last fall. According to her attorney, the woman became dependent on heroin, which caused her to engage in the criminal acts. The prosecution charged her with stealing three different cars and using them in committing bank robberies.At the plea hearing, the woman admitting to carjacking one vehicle, completing two bank robberies and attempting another. As she tried to flee from the attempted robbery, records show that law enforcement pursued her until she got into a car accident.
State authorities may still have the ability to prosecute her. This woman's case demonstrates that any criminal charges, but especially those related to drug crimes, can carry significant penalties. But accusations do not equal convictions. Defendants can benefit from the skills of an experienced criminal defense attorney who can examine the facts to determine whether the prosecution has the evidence to prove its case.
Source: The Washington Post, "Stephanie Schwab, Northern Va.'s 'blonde bandit,' pleads guilty," Justin Jouvenal, April 5, 2012.
]]>The law has long allowed strip searches when guards in a jail reasonably believe that the detained person is in possession of some prohibited object. Over time, however, a line of decisions in lower courts began to assert that anyone--regardless of their alleged offense--could be searched. This resulted in a split of opinions among federal circuit courts, which the Supreme Court resolved with its ruling.
]]> In a 5-4 decision, the Court announced that guards would no longer have to reasonably believe that a person has contraband before initiating a strip search. In effect, a search of any detained person does not violate the Fourth Amendment. The majority reasoned that concerns about a jail's security outweighed any expectation that an arrestee might have of not being searched.The four dissenting justices argued that the Fourth Amendment required reasonable belief about the presence of contraband before a strip search could be conducted. They characterized strip searches as embarrassing to the person undergoing them and stated that people arrested for small crimes should receive Constitutional protection from them. They added that allowing strip searches in all cases would be unlikely to uncover prohibited objects that could not have been found in other ways.
The case decided by the Court stemmed from the arrest of a man during a traffic stop after police officers mistakenly believed he had failed to pay a fine. While in custody, he was strip searched two separate times.
Source: The New York Times, "Supreme Court Ruling Allows Strip-Searches for Any Arrest," Adam Liptak, Apr. 2, 2012.
]]>The cases establish that defendants now have the right to competent advice on the consequences of rejecting a plea bargain. Plea bargains often offer a reduction in the statutorily prescribed penalties in order to secure the defendant's guilty plea to the criminal charges and avoid the costs of a trial. Rejecting a plea deal can mean that a defendant will face a significantly longer sentence in prison or jail if convicted at trial.
]]> In one of the cases, a defendant's lawyer gave wrong legal advice that led the accused to reject a plea bargain. He went to trial, where he was convicted and sentenced to serve approximately four times longer in prison than he would have under the plea bargain. In the other case, a defendant's lawyer failed to inform his client of the prosecution's plea offer. The defendant later pleaded guilty without the offer and received a sentence 12 times as long as that offered by the prosecution.Experts agree that the Court's decisions represent a landmark in the field of criminal defense. These cases vividly demonstrate the need for anyone accused of a crime to seek out an attorney who possesses experience in all areas of criminal defense, including knowledge of the various consequences defendants encounter when facing a choice between trial and a plea bargain.
Source: The New York Times, "Justices' Ruling Expands Rights of Accused in Plea Bargains," Adam Liptak, Mar. 21, 2012.
]]>One case involving a Virginia man vividly illustrates this point. In 2007, he was accused of sexually assaulting a friend. The alleged victim and the accused were both minors at the time. He faced the charges in juvenile court, but because he potentially could have been tried as an adult, his attorney recommended that he accept the plea bargain offered by the prosecution.
]]> He pleaded guilty to the charge, and as a result served a 17-month sentence and was registered as a sex offender. But there were doubts about his case from the start. A supposed DNA test implicating the man never existed according to laboratory records. Then while the man was serving out his term, the alleged victim came forward and said that the sexual assault never took place.Since that time, the man and his family have sought to remove the blemish that the charges have placed on his life and reputation. He still endures the legal and social consequences of being a registered sex offender. He took his case to the Virginia Supreme Court, which recently ruled that he can, through a lawsuit, have his sexual assault conviction reversed and can petition the state to no longer be listed as a sex offender.
Anyone accused of a crime deserves the presumption of innocence that the law provides and the zealous defense an experienced criminal law attorney can deliver.
Source: The Washington Post, "Va. Supreme Court rules in favor of family," Chris L. Jenkins, Mar. 2, 2012.
]]>The Breathalyzer machine must receive proper calibration in order to yield accurate test results. But the city learned that some of its machines did not have the correct calibration, leading to the possibility that they issued false results. As a consequence, the city's Attorney General will have to go back and look at the DWI cases involving the machines to see if potentially false results affected the outcome.
]]> In the interim, the city will not use Breathalyzers in DWI cases for at least the next half year. Instead, the city will rely on a driver's urine specimen and standard field sobriety tests administered by police officers to provide evidence that a suspect was driving over the legal limit. But there is a problem here, too. Even the city's Chief Toxicologist admits that urine tests are a less accurate indicator of a driver's BAC than a Breathalyzer.Criminal defendants have the right to challenge the evidence presented against them, including the accuracy of test results. The recent problems a city has had with their Breathalyzers vividly demonstrate the importance of asserting and protecting one's rights.
Source: MyFOXDC.com, "DC Attorney General Says DC Having Trouble Prosecuting DWI Drivers," Paul Wagner, Mar. 2, 2012.
]]>The bill would give prosecutors the ability to remove a juvenile case to adult court for third-time drug offenses and other serious crimes. The current system gives judges the discretion to determine whether a defendant under the age of 18 should be tried as an adult or a juvenile. But the bill would strip judges of this traditional responsibility and place it in the hands of the prosecution. Juveniles as young as 14 could be tried as adults under the new measure.
]]> Opponents of the bill, including one House Delegate, have said that the bill's purposes do not align with those of the juvenile justice system. They argue that the juvenile system aims to educate and rehabilitate young offenders so that they can avoid a life of crime. By contrast, the adult system looks more towards meting out punishment for a guilty person's wrongful acts.Others believe the bill will result in a no-win situation for many juveniles, who will have to choose between two unappealing alternatives. Prosecutors may use their new threat of adult punishment to force more juveniles into accepting plea bargaining deals.
The House passed the bill by a large majority, and two Senate committees have already given it their stamp of approval.
Source: Williamsburg Yorktown Daily, "VA House Bill Aims to Give Prosecutors More Power in Juvenile Cases," Carten Cordell, Feb. 29, 2012.
]]>Police officers state that Oxycodone was the former drug of choice because its readily crushable form made it easy to use. Its manufacturer responded by producing the drug in such a way that made it more difficult to grind up. According to law enforcement, drug users adapted to the change by seeking out other drugs, including methamphetamine and "bath salts."
]]> The 17 people indicted range in age from 21 to 57 years old. The charges reflect the branching out phenomenon that law enforcement described. The suspects are charged with distribution and conspiracy to sell or distribute various controlled substances such as Oxycodone, Oxymorphone, Alprazolam, morphine, Buprenorphine and methamphetamine. One suspect in particular received the additional charge of felony murder because a person to whom he allegedly provided drugs died from an overdose. Under Virginia law, he could be sentenced to 40 years in prison if convicted of felony murder.Drug distribution charges can carry extensive prison terms and hefty fines. While drug use has a certain social stigma, this should not bias our perception of criminal defendants charged with drug crimes. Every person is provided the presumption of innocence until the state proves guilt beyond a reasonable doubt, the highest threshold of proof under the law.
Source: Bluefield Daily Telegraph, "17 named in drug indictments: Richlands suspect indicted on charge of felony homicide," Greg Jordan, Jan. 26, 2012.
]]>Huguely, however, was facing much more dire penalties. Other charges in the case could have placed him in prison for three life terms. In addition, the prosecution had attempted to convict Huguely on first-degree murder charges. But his defense attorney was able to demonstrate to the jury that Huguely did not plan to kill his girlfriend beforehand. His actions therefore lacked premeditation, a necessary element for first-degree murder.
]]> The defense was also able to deftly argue against charges of felony murder. After assaulting his girlfriend, Huguely took her laptop before leaving her room. He then disposed of it in a trash can. The prosecution viewed Huguely's conduct that night, including the theft and murder, as a "single concerted act." If the jury had agreed with the prosecution, Huguely could have been convicted of felony murder and other charges, such as burglary. But his defense lawyer argued that he had not developed a plan to break in, harm his girlfriend and take her laptop. Instead, the theft was a spur-of-the-moment decision.This case demonstrates that an experienced defense lawyer can help criminal defendants protect their rights. The prosecution may argue for convictions on crimes that the defendant did not commit. In this case, the defense showed that Huguely lacked the premeditation necessary for a first-degree murder conviction. Defense counsel can examine the facts of the case and show which elements of which crimes are not supported by the facts.
Source: Richmond Times-Dispatch, "Huguely convicted of second-degree murder," Bill McKelway, Feb. 23, 2012.
]]>Court documents indicate that the man operated as a leader in the drug ring, getting pills from multiple pharmacies and then providing them to dealers, who would sell to individual users in Northern Virginia and Washington. In order to obtain more pills, he deceived pharmacies by assuming different identities. He used a variety of names and dates of birth and wore wigs and disguises when he appeared to pick up the pills. His disguises also included wearing neck braces, using crutches and feigning injury.
]]> Court documents also appear to indicate that at least one doctor wrote the man prescriptions for OxyContin, knowing that he was not using them for personal pain relief but was selling them for profit. Prosecutors believe that he sold more than 80,000 OxyContin pills.Prosecutors also alleged in documents filed for sentencing that the man attempted to continue distributing drugs after he was taken into custody. He allegedly tried to distribute Percocet from jail.
A number of informants participated in the investigation, named Operation Cotton Candy. The FBI, the Virginia State Police and local police forces contributed to the investigation, which is currently still active.
Source: Richmond Times-Dispatch, "Ex-celebrity security guard gets 9 years for drug trafficking," Amanda Stewart, Jan. 28, 2012.
]]>The charges stem from an incident that occurred on campus on May 3, 2010. Roommates of the victim found her unresponsive and called 911. When emergency crews arrived, they declared the woman dead and made note of the victim's apparent physical injuries.
]]> Authorities rapidly honed in on the victim's ex-boyfriend, a fellow student and lacrosse player. In interviews with the police, he admitted that on the night in question, he kicked down her door and argued with her. He also admitted to seizing and shaking her, and hitting her head against the wall.The suspect's defense will attempt to prove that the victim died from using drugs and alcohol instead of injuries to her head. Medical reports indicate that she had Adderall in her system and a blood alcohol concentration of 0.14. Amphetamine is an ingredient in Adderall.
Emotions run high in murder and domestic violence cases. Oftentimes, the victim and suspect know each other, which is the allegation in this case. No matter how horrible the crime, and no matter the emotions involved, every criminal defendant deserves to have his rights protected. The Constitution guarantees certain powerful rights to a defendant, and it takes an experienced trial lawyer to make sure that they are fulfilled to their greatest extent.
Source: Richmond Times-Dispatch, "Trial begins in death of U.Va. lacrosse player," Samantha Koon, Feb. 6, 2012.
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