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Editorials

Working at Crime - Unemployment and the Crime Rate

By Kate Daniels

It seems so obvious: lack of a job equals more crime. After the boom of the late nineties, ending in 2000 with the lowest unemployment rate in decades (4.0%), layoffs and business closures have forced the rate back up; it now hovers around 6%. And according to the FBI, the crime rate has also increased, up 2.1% overall in 2001 over the preceding year.

Even experts say the connection is “intuitive”; that word keeps turning up in studies on the subject. But those same experts disagree about...

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A Better Way To Help Missing Children - Improving the Amber Alert

by Bill Bickel

Around 6:30 pm on the evening of February 1, Florida 11-year-old Carlie Brucia disappeared. It wasn’t until the evening of the following day that an Amber Alert was issued. Carlie’s parents don’t criticize the delay; but they are frustrated that Law Enforcement didn’t do a thing until….

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DNA Gets Criminal - Part 1 of 3

Fifteen years ago the three initials were rarely spoken outside of a laboratory, or a classroom where students of science were pondering the potential of genetics and genetic engineering. Today, DNA (deoxyribonucleic acid) is frequently the star witness in courtrooms around the world — used by….

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Cooking Up Salvation - a Rehabilitation Story - From Drug Dealer to Chef

Jeffrey Henderson was one of the youngest and wealthiest crack cocaine dealers in Southern California. “I poisoned a whole generation,” said 37-year-old Henderson, who now lives in Las Vegas. While still a teenager he drove fancy cars, had armloads of beautiful women, swam in oceans of money and took frequent trips to Las Vegas, where he gambled away hundreds of thousands of dollars and was placed on the high-roller list of such resorts as Caesars Palace.

From con to chef

Today, five years after getting out of prison, Henderson is an award-winning chef at Caesars, where he…..

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DNA Goes To Court - Part 2 of 3

Harlan Levy was an assistant district attorney in New York when he first recognized the value of DNA’s duel identity — a potential witness for the defense and for the prosecution, in cases of violent crimes. In a book Levy wrote on the emerging DNA technology and its potential in investigating violent crimes, he said the power of DNA to identify a suspect — or to….

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News
Head of failed Japan-based bitcoin exchange Mt. Gox arrested

Japan police arrest Mark Karpeles, the Mt. Gox CEO on Saturday, Aug. 1, 2015, in Tokyo. Karpeles, was arrested Saturday on suspicion of inflating his cash account by $1 million. Karpeles’ lawyer told the Kyodo News service that his client denies wrongdoing. (AP Photo/Kyodo News) JAPAN OUT, MANDATORY CREDITTOKYO (AP) — The head of the failed Japan-based bitcoin exchange Mt. Gox was arrested in Tokyo on Saturday on suspicion of inflating his cash account by $1 million, authorities said.


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Bitcoin exchange CEO arrested by Japanese police

Mark Karpeles, CEO of the collapsed MtGox bitcoin exchange, is suspected of having accessed the computer system of the exchange and falsifying data on its outstanding bitcoin balance, reports sayJapanese police on Saturday arrested Mark Karpeles, head of the MtGox Bitcoin exchange, after a series of fraud allegations led to its spectacular collapse and hammered the digital currency's reputation. A spokesman for the Tokyo Police said French-born Karpeles, 30, was suspected of manipulating data on the exchange's computer system in 2013 to artificially create about $1.0 million. Earlier Saturday, Kyodo News and other Japanese media said police were also investigating his possible involvement in the 2014 disappearance of nearly $390 million worth of the virtual currency, at current exchange rates.


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Mexican judge suspends U.S. extradition order for fugitive 'Chapo' Guzman

Joaquin "Shorty" Guzman is escorted by soldiers during a presentation at the Navy's airstrip in Mexico CityA Mexican judge temporarily suspended a U.S. extradition order on Friday for the fugitive drug lord Joaquin "El Chapo" Guzman even though the federal attorney general's office had approved it a day earlier. Guzman, one of the world's most notorious drug traffickers, broke out of a maximum security prison earlier this month, escaping in a tunnel built right under his cell. The United States requested Guzman's extradition on June 25, just a couple weeks before his escape, but Mexican officials said in January that Guzman would not be handed over because he must first serve time in his home country.


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Former CEO of collapsed Mt.Gox bitcoin exchange arrested in Japan: reports

Mark Karpeles, chief executive of Mt. Gox, bows at the start of a news conference at the Tokyo District Court in TokyoMark Karpeles, the former head of defunct bitcoin exchange Mt. Gox, was arrested on Saturday in connection with the disappearance of hundreds of millions of dollars worth of the virtual currency, Japanese media reports said. The French-born Karpeles, 30, is suspected of falsifying data on the outstanding balance of the exchange, at one point the world's largest hub for trading the digital currency, they added. When it filed for bankruptcy in February 2014, Mt. Gox said 750,000 customer bitcoins and another 100,000 belonging to the exchange were stolen due to a software security flaw.


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7 Hawaii telescope protesters arrested for defying new rule

FILE - This undated file artist rendering made available by the TMT Observatory Corporation shows the proposed Thirty Meter Telescope, planned to be built atop Mauna Kea, a large dormant volcano in Hilo on the Big Island of Hawaii in Hawaii. Seven people protesting a giant telescope atop Mauna Kea have been arrested, early Friday, July 31, 2015, for defying an emergency rule created to prevent camping on the mountain that is held sacred by Native Hawaiians. (AP Photo/TMT Observatory Corporation, File) NO SALES; MANDATORY CREDITHONOLULU (AP) — Seven men have been arrested for camping on Mauna Kea (mau-NAH' kay-AH'), where there's a new emergency rule restricting overnight access to the mountain because of protests against building a giant telescope there.


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How To Help Your Court Case

A Defendant's Guide to Courtroom Etiquette

by Mark J. Sullivan

If you’re a defendant in the courtroom, your demeanor and attitude will be noticed – by the prosecutor trying to convict you, by the probation officer who might be charged with evaluating you, and by the judge who desires to give you a fair trial, fair rulings, and perhaps a fair sentence. But the jurors’ impressions are the most important. In fact, jurors are instructed that

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Criminal Law 101 - Up to the Preliminary Hearing

By Kirk Tarman

Criminal Defense Attorney - San Bernardino County

 

Many time defendants are thrust into the hostile waters of the criminal justice system without any idea what is going on and what their rights are. Hopefully, this article will give anyone charged with a crime, a bit of orientation and insight into the wild and wacky world of the justice system.

The Arraignment - This hearing can be crucially important to a defendant.

First because, the judge will determine if you are going to be assigned an attorney (a.k.a. public defender or conflict panel attorney) or if you have the capability to hire your own attorney. The primary factor involved in this determination is...

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11 Reasons NOT to Talk To The Police

by Mark J. Sullivan

This article might just as well be entitled “You have the right to remain silent. Use it. Say nothing.” This doesn’t mean “Deny having committed the crime.” It means telling the police officer that your attorney has advised you not to answer any questions, and then saying nothing else to anybody until you talk to him or her.

Recently I was giving this advice to a potential witness, and he said, “I’ll just tell them that I don’t know anything.” This is wrong. For one thing, he did know something, so this would have…..

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Confidential Informants-AKA “The Snitch”

By Kirk Tarman

This essay concerns the confidential informant aka the ‘CI’ aka the snitch. A confidential informant is a person that is being used by the police to help them in their police investigation. Many times, the CI is a person that was arrested by those same police, and in return for a dismissal/charge reduction or money are now helping the police officers.

A phenomenon that seem to be encountering more and more is that....

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SPEAK FOR YOURSELF--HELP YOURSELF:

BE PREPARED FOR THE PROBATION INTERVIEW

By Andrew Dósa

Criminal Defense Attorney - Alameda County

You have been forced to be silent. From the start of your case through change of plea, you were quiet. You wanted to speak up, but someone else did the talking, explaining, arguing, and negotiating for you. Your attorney was your mouthpiece. But now it is your turn, your one and vitally important turn.

Here is the setting. You have negotiated a deal and changed your plea. The sentencing hearing is a couple weeks away. A probation officer is sitting in front of you. She is overwhelmed with work, deadlines, stress, a personal conflict with a spouse-like everybody else. What can you do for yourself? How can you leave a positive impression? Consider a few things and then plan your presentation.....

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Ask a Lawyer

Hinkle, Jachimowicz, Pointer & Mayron talks about two of the difficult situations you may face in the criminal justice system. Since they claim the title of largest private criminal law practice in Santa Clara County CA, with decades of experience and seven attorneys, it would make sense for those involved in a criminal case to read on….

Most people do not realize that being under the influence of a controlled substance such as meth-amphetamine, cocaine or ecstasy results in a mandatory 90-day sentence in jail, if other options like Deferred Entry of Judgment (formerly called Diversion) are not explored and achieved. Your lawyers experience is....

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Habeas Corpus

By Wally Farrell

This is the first of a series of articles regarding the history, meaning and use of the Great Writ of Habeas Corpus.

Habeas corpus, roughly, “you should have the body”, has been a capstone of Anglo-American jurisprudence for many centuries, beginning with the Magna Carta in 1215. Abuses by King John caused the revolt among nobles who compelled John to sign the Magna Carta, or Great Charter, to recognize the rights of Englishmen.

The parties met at a place named Runnymede along the Thames River for the historic signing. The Magna Carta then established the principle that no one, including the King, was above the law. The roots of habeas corpus lie in Article 39, which states that no free man could be imprisoned without the judgment of his peers.

Habeas corpus is the remedy of last resort for a citizen unjustly....

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How to Make Your Lawyer Work for You

With 27 years of experience, criminal defense attorney Richard Poland, writes about the best way to work with your lawyer.

Public versus Private defense

If you’re charged with a crime, you need representation. Hiring a lawyer increases the odds of....

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Ask a Lawyer - How can I get my record sealed?

by Dennis Lempert

Question?

I would like to know how I can get my record sealed? My record has already been dismissed under PC 1203.4.

Peter Ahas gotten his case dismissed by using Penal Code §1203.4. That section allows someone who has been convicted of a crime either by pleading guilty or no contest or by a verdict of a judge or jury to clear their record. The record can be cleared only after the…..

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What is Reasonable Suspicion?

by Keith Jordan

Have you ever wondered how an officer can pull you over when you're driving along minding your own business? How about stopping you when you're walking down the street? If you want to know what they can do to you legally and how to avoid getting detained and arrested, then read on....

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Listen To The Experts
Kirk Tarman discusses criminal case motions
Posted on June 16th, 2015 by Admin istrator

Motions are one of the most important aspects of a criminal case before getting to trial.  Kirk Tarman, criminal defense attorney in San Bernardino County CA, discusses suppression motions based upon the 4th Amendment, dismissal motions, discovery motions, and more... for a glimpse into the preparation of a criminal case. ….

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Andrew Dosa discusses restitution
Posted on June 16th, 2015 by Admin istrator

Andrew Dosa, a civil and criminal defense attorney located in Alameda County CA, when interviewed by Crime and Justice Online, explains everything you need to know about restitution in criminal cases.  What is restitution?  Is it to punish the guilty or help the victim? Is it always paid?  What happens if it is not paid?  Are all criminal charges associated with restitution?  Can you use restitution to bargain away a jail sentence?  Is it applied more in civil or criminal cases?  These questions and more are answered by our expert on restitution, Andrew Dosa….

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Wally Farrell, a criminal defense attorney in Riverside County, now deceased, discussed the Death Penalty in California with Ray Hrdlicka
Posted on June 16th, 2015 by Admin istrator

Here is an entertaining and informative interview with Wally Farrell, a premier criminal defense attorney in Riverside County, now deceased, who discussed the Death Penalty in California with Crime, Justice & America Talk Show Host Ray Hrdlicka.  Is it really a deterrent? Why represent defendants charged with this type of crime?  What is “special circumstances” in the crime?  Life without parole vs. the Death Penalty.  Why does this type of case last so long?  Is it a choice between Justice or a Political and Financial cost?  Does it demean life? Or does it demean the death of victims?

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