by admin | Jul 1, 2013 | Uncategorized
Almost daily news reports have described details of how easy it seems to be for the government to track, listen in, and track down possible criminal suspects. But technology doesn’t always play a part in every case, no matter how much a popular television show may seem to show. Having said that, recent investigations of the Boston terror attacks, and evidence used in bringing the murder charges against the NFL Patriot’s Aaron Hernandez, are showing the real uses of technology in modern court trials. One aspect of increased electronic eavesdropping (such as cell phone records) in evidence means defendants need to work only with the most experienced criminal defense lawyers. Criminal defense lawyers are often using their own knowledge of the flaws and limits in technology to fight fire with fire. In Hernandez’s case, there were three separate sets of digital surveillance that the prosecution has largely based its case on: surveillance videos, cell phone records, and cell phone towers. Much of the evidence even came from video surveillance cameras that Hernandez had installed in his own home: more than a dozen cameras were scattered through Hernandez’s home. The movements of Hernandez up and down Interstate 95 were also based on the records of his cell phone use, collected from the series of cell phone towers. At the same time Hernandez’s movements were allegedly recreated electronically, almost minute-by-minute, so were the murder victim’s. But differences (or lack of specifics) may also be used by an experienced criminal defense lawyer to help show innocence of an accused. As Hernandez’s criminal defense lawyer noted, much of the evidence rests on a...
by admin | Jul 1, 2013 | Uncategorized
It’s common knowledge that the right to remain silent is a fundamental constitutional protection for anyone who is arrested and read their Miranda rights. But an important recent Supreme Court decision makes it clear you don’t have the same level of protection if you are not in custody but are being questioned by police. In the case of Salinas v. Texas on June 17, 2013, the U.S. Supreme Court held that the Fifth Amendment privilege against self-incrimination does not protect the silence of a witness in a voluntary, noncustodial police interview. If you choose to voluntarily speak to the police when you are not in custody you have to invoke the privilege in a timely manner to benefit from its protections. In other words if you are being questioned pre arrest, merely remaining silent is not enough for your Fifth Amendment right to kick in. Right to Remain Silent To protect your right to remain silent pre-arrest, it is important to respond to police questioning by pointing out clearly you are taking the Fifth Amendment and intend to remain silent after every question. In the case two brothers were shot at a home in Houston, Texas. There were no witnesses to the shooting. Police invited Genovevo Salinas, who had been at a party at that house the night before the shooting, to the station where they talked for about an hour. Police said Salinas became quiet and edgy when asked about a shotgun. At trial Salinas didn’t testify. Prosecutors brought up his reportedly uncomfortable reaction to the question about his shotgun. Salinas argued they violated his Fifth Amendment rights...
by admin | Jul 1, 2013 | Uncategorized
Almost daily news reports have described details of how easy it seems to be for the government to track, listen in, and track down possible criminal suspects. But technology doesn’t always play a part in every case, no matter how much a popular television show may seem to show. Having said that, recent investigations of the Boston terror attacks, and evidence used in bringing the murder charges against the NFL Patriot’s Aaron Hernandez, are showing the real uses of technology in modern court trials. One aspect of increased electronic eavesdropping (such as cell phone records) in evidence means defendants need to work only with the most experienced criminal defense lawyers. Criminal defense lawyers are often using their own knowledge of the flaws and limits in technology to fight fire with fire. In Hernandez’s case, there were three separate sets of digital surveillance that the prosecution has largely based its case on: surveillance videos, cell phone records, and cell phone towers. Much of the evidence even came from video surveillance cameras that Hernandez had installed in his own home: more than a dozen cameras were scattered through Hernandez’s home. The movements of Hernandez up and down Interstate 95 were also based on the records of his cell phone use, collected from the series of cell phone towers. At the same time Hernandez’s movements were allegedly recreated electronically, almost minute-by-minute, so were the murder victim’s. But differences (or lack of specifics) may also be used by an experienced criminal defense lawyer to help show innocence of an accused. As Hernandez’s criminal defense lawyer noted, much of the evidence rests on a...
by admin | Jun 30, 2013 | Uncategorized
Basing their findings on the downward shift in both violent crime and property crime in an 11-year timespan, the recent Virginia Crime Statistics and Rates Report suggest that Virginia’s expected crime rate for 2013 will fall even lower than it did in 2010. During 2010, Virginia’s rate of violent crime was even lower than the rate for violent crime as the averaged national rate. Indeed, Virginia’s rate of violent crime ranked some 30.2% lower than the national average; Virginia’s property crime rate ranked approximately 6.64% lower than the national average for such crimes. Moreover, the Virginia Department of Criminal Justice Services reports that during the past decade (2002-2011), violent crime and property crime rates were “consistently below the national rate every year during the last decade.” Decreasing Crime Rates In Virginia Consistently decreasing crime rates in Virginia are certainly something of which area law enforcement should be quite proud. It does, however, beg the question of whether or not – or to what extent – the numbers equate to positive changes on Virginia residents’ quality of life. Protection from crime is arguably among the main factors that people consider when they decide to live in a given location. It is evident that the residents of Richmond, VA. understand and appreciate the positive impact that decreasing crime rates can have on their community. According to the PR Web, “Much of Richmond’s crime reduction is due to the actions of social programs and involved community like institutions like The Richmond Outreach Center” Lower crime rates can help Virginia’s economy, as it makes the region more appealing and attractive to people who...
by admin | Jun 26, 2013 | Fairfax DUI / DWI, Uncategorized
Once You Are Stopped For Suspicion of Driving While Intoxicated. What Happens Next? One of the hard choices a driver often faces when pulled over, no matter what the reason for the stop, is whether to take one or several of the tests for sobriety. It’s a big question and affects a lot of people, since there are almost 1.5 million DWI arrests every year. This also means there’s even more traffic stops just involving suspicion of DWI. Every single state in America has adopted a basic rule, involving a blood alcohol content (or BAC) of 0.08 or higher…that rule is called “illegal per se.” If a driver can be shown to be at that level of drugs in their blood, then they can be more easily convicted of a DWI. You Need An Experienced DWI Attorney While the goal has been to use these tougher rules to decrease drunk driving, it also has caused more innocent people to face unfair prosecution. These facts make it absolutely imperative for anyone facing a DWI charge to work only with an experienced DWI attorney. Option To Refuse To Give Blood Most states specifically allow a driver to refuse to give blood for a BAC test. The cause for this right goes back to 1966, when a police officer in California chased a fleeing suspect in a drunk driving case, and (over the objection of the driver) forced a blood test on them. At the same time, states also then allowed for what is known as an ‘administrative’ suspension of the license for refusing the test. The issue of refusing to take...
by admin | Jun 26, 2013 | Uncategorized
There were a number of legislative issues recently considered in the Commonwealth of Virginia that impact Virginia Criminal Lawyers. Based on the Virginia State Crime Commission’s 2012 Interim Executive Summary of Activities, the focus includes concerns about illegal cigarette trafficking, synthetic marijuana, sex offender registry, crimes against incapacitated people, concealed weapons, and continued oversight of forensic and DNA evidence notification (VA. SCC, 2012).The most recent legislation, published in 2013, addresses SJR 21, 2012, Illegal Cigarette Trafficking; and SJR 348, 2011 Sex Offender Registry Requirements, which was published in 2012, will be reviewed here. Sex Offender Legislation Although Virginia’s sex offender legislation is mostly in accordance with federal statutes, a 2010 review discovered that several aspects of Virginia’s laws did not fully meet compliance requirements: Virginia at the time did not require registration for rape committed by juveniles, sodomy by force, or penetration by sexual object. A study was commissioned to determine if adjustment was needed in the breadth of the Virginia sex offender legislation (SD No. 8, 2012). Illegal Cigarette Trafficking The primary focus with respect to recent legislation was on illegal cigarette trafficking. Trafficking includes additional factors such as health issues, beneficiary (organized crime), methods used, potential containments in counterfeit cigarettes, tax stamps and tax evasion. Illegal cigarette trafficking is reported to yield profits that even surpass black market value of illicit drugs or illegal guns. Recent studies indicate, “Virginia is currently the largest single source of out-of-state, black market cigarettes in New York City” (SD No 5, 2013). Legislative recommendations were made in December of 2012, suggesting that amendments be made to strengthen Virginia Code § 58.1-1017.1(Possession...
