Slideshow Slideshow Slideshow Slideshow Slideshow

January 2010 Archives

DC Robbery Lawyer: Criminal Charges against Teens for Armed Heist to Buy XBox

January 27, 2010,

Each day, as Washington DC Criminal Attorneys, we come across several cases of criminal charges for armed robbery involving juveniles, much like the recent incident in which four young boys - one 11 year-old, and three 15 year-olds' were arrested for holding up a small food shop. The armed robbery was planned carefully, as the money they stole was to be used to buy an XBox gaming console. Their first theft attempt was at a 7-Eleven, but was called off because the young men decided that the store clerk was too big to overpower.

They next targeted location for the armed robbery was a Chevron Food Stop, because the teens believed that they could take on the "short and scrawny guy." On the night of the heist, one of the older boys instructed his younger brother, the 11 year-old, to grab their airsoft pellet gun and a bag. After their mother fell asleep, the two boys snuck out of the house to meet the other teenagers at the shopping center. When they walked into the food shop, the youngest of the boys pretended to buy candy while his older brother put the clerk in a chokehold, and pressed to pistol against him. Then all of the youths fled the store with $200 cash from the register.

About a half an hour after the robbery, the boys were stopped by police officers unrelated to the robbery. That same officer viewed the surveillance videos from inside the Food Stop and recognized the boys immediately. After interrogating the boys, law enforcement officials discovered that they had planned for quite some time to rob a convenience store to buy the gaming console. Additionally, one of the teens showed police officers where they had dumped the airsoft pistol after the armed robbery.

All four of the young men were charged last week with first-degree robbery. Because they were charged as juveniles, their names have yet to be released to the public. Because of the youngest defendant's age, prosecutors will present their case against him before a judge in a "capacity hearing," where the plaintiff's must show that the 11 year-old understands the criminal charge of which he is accused before going forward with the prosecution.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please see our Virginia Criminal Lawyers and the Clearwater Criminal Lawyer websites.

Continue reading "DC Robbery Lawyer: Criminal Charges against Teens for Armed Heist to Buy XBox " »

DC DUI Lawyer: After Violating DUI Probation Woman Hangs Herself

January 27, 2010,

Each day as a Washington DC DUI lawyer, clients are seen who are experiencing the mental and psychological effects of a drunk driving arrest. These effects can be severe, as seen in the case of the woman who was placed in jail after violating the terms of her DUI probation, and then proceeded to hang herself from her jail cell, according to the sheriff's department.

Teresa Hagan, 49, received her first DUI charge in June of 2005. However, she received another a misdemeanor driving while intoxicated charge on July 13th, 2009. On October 2nd, she pled no contest to another driving while intoxicated charge and was sentenced to three years probation and thirty-five days in the Sonoma County jail. In addition, she was ordered to participate in a court-ordered multiple offenders drinking and driving program, and often went to Alcoholics Anonymous meetings. It was well known that she was very troubled and suffered from problems with alcohol, and needed help staying sober.

This past week, she was booked for violating the terms of her DUI probation and was taken to a holding cell until she could be placed in correctional facilities. She was found unconscious just a few hours later by a correctional deputy. She hung herself on a sweatshirt she wrapped around a pipe in her holding cell. Deputies began life saving efforts to no avail and she was taken to a local medical center and pronounced dead on arrival. Currently, the sheriff's violent crimes unit and the district attorney's office are investigating the death.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers website or the Fort Myers DUI Attorney web page.

Continue reading "DC DUI Lawyer: After Violating DUI Probation Woman Hangs Herself" »

DC Drug Lawyer: Arrest Could Set Drug Possession Precedent

January 26, 2010,

A Washington DC criminal lawyer is likely to see many drug possession cases throughout his or her legal career. Many clients are much like Orlando Martino, who over the past fifteen years, has been in and out of jail at least a dozen times. Generally, he was convicted on drug possession charges and drug distribution charges--once he sold illegal drugs to an undercover police officer, while another time he resisted arrest for drug possession and was chased by law enforcement officials.

Last August, police caught Martino with two "sandwich-sized" bags of marijuana in his car while he was on probation. When he realized that he could be facing jail time again for these charges, he found both a lawyer and a doctor. A physician at a local health clinic approved Martino's application for a medical marijuana card, citing the need to suppress the symptoms of a chronic headaches and frequent migraines. By December 1st, he received the government approved card that allows him to legally smoke marijuana any time he wants--a right that he shares many other Americans with debilitating diseases.

What started as basic drug possession proceedings, has become a precedent setting case. The criminal defense lawyer for Mantino is trying to convince prosecutors to drop previous drug charges and current probation charges on the grounds that he is now a legal medical marijuana user, even though the drug is illegal nationally. The case has focused on the rules of the four-year old medical marijuana program, while at the same time, the state Senate commission is exploring decriminalizing marijuana entirely. Therefore, the conditions are ideal for the defense to be successful in proving their case.

Medical marijuana programs are generally run by state employees who are barred by state law from questioning whether it is appropriate to give marijuana cards to people with extensive criminal records. On the other hand, the attorney general is put under pressure, as this is a case that could greatly affect the way that police officers and prosecutors treat drug crimes in the future--especially if they know that defendants can go straight from the booking office to the doctors office and ultimately clear away their charges. Both the prosecution and defense agree on one thing. That this is not only a very important case, but a completely unique one--it is the first time that someone was booked on marijuana possession charges, and then received a medical marijuana card weeks or months later.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please see our Virginia Criminal Attorney website or the Fort Meyers Criminal Attorney website

Continue reading "DC Drug Lawyer: Arrest Could Set Drug Possession Precedent" »

DC Gun Lawyer: Criminal Charges of Gun Possession for Three College Football Players

January 25, 2010,

Many times throughout their legal career, a Washington DC criminal attorney is likely to represent a college aged individual who has been accused of criminal charges, including gun possession charges. Clients served have been much like the three freshmen college football players who were arrested early Sunday morning following an incident involving gunfire on campus. Southerners John Drew, Kyle Griswould, and Brandon Putnam were charged with felony possession and discharge of a weapon.

At approximately 3 a.m. Sunday, university police heard gunfire coming from a vehicle that was parked near Jarvis residence hall located on east campus. The same vehicle was found later by campus law enforcement agents in another residence hall parking lot, and traced it back to one of the students that were charged. The weapon, a semiautomatic handgun, has been recovered by campus police officers. According to police, they were not firing at anything in particular, just had the gun pointed in the air. Currently, it is being investigated whether alcohol was involved in the firing of the handgun.

As a result of the felony gun charges, all three members have been dismissed from the football team. Additionally, the school involved, Duke University, has determined that the students would not be allowed to return to campus pending the results of the current law enforcement investigation against them, as well as the resolution of charges. Head coach David Cutcliffe commented, "These types of offenses are going to be associated with dismissal from our team. While these three young men did not meet the expectations of those in the program, our prayers are with them and their families during this difficult time.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Gun Lawyer and Virginia Gun Lawyer web pages.

Continue reading "DC Gun Lawyer: Criminal Charges of Gun Possession for Three College Football Players" »

DC DUI Lawyer: After DUI Bust, State Senator Resigns

January 25, 2010,

As a Washington DC DUI lawyer, it is common to see cases of major political figures arrested for criminal charges, including driving while intoxicated. Even politicians are not exempt from the consequences of driving while intoxicated charges. For example, Senate Majority Leader Sheldon Killpatrick gave up his position in his home state legislature this past week after he was busted for driving under the influence of alcohol.

Killpatrick, 41, has been the face of the state Senate Republicans and was often at the forefront of hefty legislation, including strict ethics and health-care reforms. The former senator's father was killed by a drunk driver during his teenage years, and therefore Killpatrick staunchly supported and sponsored drunk driving legislation and programming. Additionally, he is a member of the Later Day Saints Church which opposes the use of alcohol.

This past Thursday, Killpatrick attended a fundraiser event for Representative Greg Hughes, however no alcohol was served at the event. Hours later, Killpatrick was stopped by a highway patrol officer who noticed his vehicle being driven erratically. When the trooper approached the car, he smelled a "strong odor of alcohol" and proceeded to administer sobriety tests. Although Killpatrick complied with most of the tests, he refused to take a breathalyzer test. He was booked into the local county jail around 2:45 a.m. and released approximately two hours later. Blood samples were taken, however the results could take two weeks to a month to be determined.

Killpatrick was appointed to the state Senate in 2003 and elected into office in 2004. In addition, he won re-election in 2006 and was seeking another election next year. If had stayed in the Senate, he could have faced an ethics inquiry. Instead, Killpatrick followed the example of the four other Utah legislators who chose to resign rather than face an ethics investigation. Despite Killpatrick's exit from the legislature, many of his colleagues admire the integrity such a decision displays and have commented fondly regarding the former senator.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers and Virginia DUI Lawyer websites.

Continue reading "DC DUI Lawyer: After DUI Bust, State Senator Resigns" »

DC Sex Offense Lawyer: Child Molestation Case Against Priest Brings Criminal Charges

January 22, 2010,

Individuals charged with sex offenses are among the clients who frequently seek legal defense at our DC criminal lawyer firm. Of the individuals that come into the office, rarely is a story like the Catholic priest who sexually assaulted a young boy. Details regarding the sex offense charges are continuing to surface, however this much is known: Reverend Alejandro Flores, 37, was charged on seven felony counts of child molestation by a county court alleging that he engaged in inappropriate sexual contact with a teenage boy. The sex offenses continued over a five-year period, beginning in January 2005 when the boy was eight years old.

The sexual abuse and sex offenses allegedly began when Flores was assigned to the Catholic Church that the young boy attended. Law enforcement officials also claim that inappropriate sexual contact occurred between Flores and the teen at the boy's home and in Flores's vehicle Additionally, the boyfriend of the abused teen's mother testified that he thought he saw the boy and the priest engaged in sexual contact on
multiple occasions.

Upon hearing of an investigation regarding alleged sexual contact between himself and the teenager, Flores hurled himself from from the balcony of a Joliet church. He jumped approximately twenty feet and landed on some pews. When police officers investigated the scene, they found "a jacket, cell phone, glasses, large knife, and a bottle of liquor" in the balcony where Flores jumped from. The apparent suicide attempt landed him in a Joliet-area hospital for the injuries he sustained in the fall, where he was kept away from children and monitored closely at all times. After his release from the hospital, law enforcement officials arrested Flores.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

Continue reading "DC Sex Offense Lawyer: Child Molestation Case Against Priest Brings Criminal Charges" »

DC OWI Lawyer: Before the OWI, NCAA Coaching Staff Aware of Pill Addiction

January 20, 2010,

Practicing in a metropolitan area, an experienced Washington DC DUI lawyer is likley to see many cases of famous persons who have been accused of operating while impaired charges. A NCAA assistant football coach was involved in a massive car accident on May 17th, 2008 on the Highway--his Jeep Commander had hit the end of a Volkswagen Passat. When law enforcement officials arrived on the scene, they asked the coach to turn off his motor. However, he instead shot forward again into the Passat.

Police determined that coach Dave Watson, 31, was operating while impaired, as his speech was slurred and he was not coherently responding to questions. Watson was uninjured, but was too intoxicated to take a sobriety test; police believed that he would fall down and hurt himself. The driver of the Passat however, was not as lucky. Alaric Valentin, 54, was holding his back immediately following impact. Since the accident he has filed personal injury suits against Watson and the university he represents due to numbness in his left foot, pain in his lower back, as well as a disc protusion.

Following a search of Watson's vehicle, law enforcement officials found four separate bottles of prescription painkillers including a ninety tablet prescription for Norco (a Vicodin-like drug), which was filled that morning. According to police, at the time of the accident, there were only eighty-three pills left in the bottle. In addition, Watson eventually admitted to taking three muscle relaxer pills prior to the accident. He was charged with a DUI and received three years probation.

Watson admitted under oath what his closest friends and family already knew: he had developed an addiction to prescription pain medication since his days playing college football. He testified that he received the medication from doctors associated with both the university and the football team. Watson also informed the court that he told both his mother and head coach Pete Carroll about his severe addiction to painkillers in February 2008--three months prior to the car crash.

However, Carrol did not fire Watson until after he was formally charged with a DUI, despite the fact that he knew about his problem with prescription medications. For this reason, Valentin's attorneys are now including Carrol as a party to the lawsuit. As pointed out in correspondence with the school's counsel, Carrol "is the direct supervisor of Mr. Watson... had actual notice of Mr. Watson's prescription pill addiction, had actual notice that Mr. Watson was using a car provided by the USC, had actual notice that USC team doctors were writing the prescriptions for the drugs Mr. Watson was addicted, and nonetheless continued to allow Mr. Watson to use the company car."

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers and Virginia DUI Lawyer websites.

Continue reading "DC OWI Lawyer: Before the OWI, NCAA Coaching Staff Aware of Pill Addiction" »

DC Fraud Lawyer: Fraud Charges Added Against Bank of America

January 12, 2010,

Throughout the career of a successful and experienced Washington DC Criminal Attorney, it is likely that many of the clients represented have been accused of a variety of criminal offenses including financial fraud charges. Cases represented are similar to a recent large scale fraud investigation, where federal regulators have added charges against Bank of America for allegedly lying to investors during the 2008 financial crisis. However, they have again been forced back to the drawing boards after failing to charge the specific executives and lawyers that signed off on the fraudulent deal.

Originally, the Securities and Exchange Commission accused Bank of America of hiding plans to give billions of dollars worth in bonuses to Merrill Lynch employees, prior to asking shareholders to approve a merger of the two firms. The SEC now maintains that Bank of America additionally withheld information about losses mounting at Merrill. A judge recently rejected the $33 million settlement between the SEC and the bank because it did not specifically identify any of the executives or lawyers that were responsible for the key document omissions that were given to shareholders before a vote approving the merger. SEC investigators defend this tack by maintaining that they " found no reason that bank executives or lawyers intended to deceive the public." Instead, omitting important information was considered simply careless on the bank's part.

The new claims made by the SEC state that Bank of America knew prior to the shareholder vote that Merrill Lynch had severe financial losses during the previous year--$4.5 billion in October 2008 alone, and company finances were continuously deteriorating. It is alleged that the bank "erroneously and negligently concluded that no disclosure concerning these extraordinary losses was required as shareholders were called upon to vote on a proposed merger with Merrill Lynch." The agency continued, "The lack of disclosure about the losses deprived shareholders of up-to-date information that was essential to their ability to fairly evaluate whether to approve the merger."

According to analysts, the March 1st trial could raise new questions concerning financial, political, and legal issues regarding the case.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Fraud Lawyer and Virginia Criminal Attorney websites.

Continue reading "DC Fraud Lawyer: Fraud Charges Added Against Bank of America" »

DC DUI Lawyer: After DUI, 'Terminator' Star Avoids Jail Time

January 12, 2010,

Throughout the legal career of an experienced Washington DC DUI lawyer, many clients are represented that have been charged with driving while intoxicated. Even celebrities are not exempt from the consequences of a DUI arrest. A recent example: twenty-two year old Thomas Dekker, the star of Fox's Terminator: The Sarah Connor Chronicles was arrested in October, 2009, after allegedly side swiping a bicyclist while driving drunk.

According to the local sheriff's department lost control of his vehicle and hit a seventeen year-old cyclist. Police caught up with Dekker at approximately 9:20 p.m., and arrested him on suspicion of felony DUI charges and causing personal injury to another person. As a result, he was taken to the county jail and where he was released the next morning after posting $100,000 bail.

This past Monday, the actor pled no contest to a lesser charge of misdemeanor reckless driving. While this allowed him to avoid jail time, Dekker still received two years probation, was ordered to participate in a twelve-hour alcohol education course, and is required to pay a $300 fine. Prosecutors chose to make a deal with him due to insufficient evidence that Dekker was at fault--the cyclist was going the wrong way and ran a stop sign.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyer and Virginia DUI Lawyer websites.

Continue reading "DC DUI Lawyer: After DUI, 'Terminator' Star Avoids Jail Time" »

DC Drug Lawyer: Criminal Charges Against O'Neal Send Him Back to Jail

January 10, 2010,

When practicing in a large, metropolitan area, it is common that a Washington DC criminal lawyer will represent numerous clients that have been accused of drug possession charges, drug distribution charges, or both. Individual represented are often repeat offenders, much like Redmond O'Neal, the son of the late television starlet Farrah Fawcett. A judge has ordered him to go back to jail, as according to authorities, he violated his probation with a string of drug offenses.

O'Neal was sentenced yesterday to a thirty-day, in custody drug rehabilitation program after being prosecuted of a drug possession charge. The violation of his drug-related probation was committed while O'Neal was on a twenty-four hour pass from a residential treatment center. When he returned to the rehabilitation center, he admitted that he had used drugs. O'Neal tested positive for unspecified narcotics, and was taken into custody on December 29th. Currently, he is being kept away from the general population at a local jail.

The reported violation is the most recent in a series of bad news for O'Neal after his mother's death from cancer last year.O'Neal was already participating in a court ordered program for a similar charge. During a routine security check last year, deputies found O'Neal to be in possession of heroin while in the parking lot of his detention center. Because of this, a judge sentenced O'Neal to six years of a suspended license and three years of probation.

However, these were not his first run-ins with the law. In September 2008, both O'Neal and his father were charged and arrested together on felony drug possession charges. After searching their home, the local law enforcement officials discovered methamphetamine in the father's bedroom and on O'Neal. At the time of these charges, he was on probation after pleading guilty to felony drug charges and misdemeanor driving while intoxicated. O'Neal was arrested while driving drunk and while carrying heroin and methamphetamine. By accepting guilt, he escaped jail time.

This article is presented by Price Benowitz, LLP representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

Continue reading "DC Drug Lawyer: Criminal Charges Against O'Neal Send Him Back to Jail" »

DC Criminal Lawyer: Investigators Use Internet Game to Bust Wanted Fugitive

January 9, 2010,

Throughout the career of an experienced Washington DC criminal lawyer, clients have been represented that attempted and failed to evade the legal process. In the past few years, the internet and the virtual world of online gaming seems the perfect place for individuals accused of criminal charges to hide. However, in reality it isn't as safe as one may think. It is possible to trace activity back to the source, and track charged criminals. A perfect example, is the recent case of a local law enforcement detective, Matt Roberson found a wanted fugitive through one of the internet's most popular games: The World of Warcraft.

Online gamers were playing alongside Alfred Hightower, a man who has been accused of drug possession charges and drug distribution charges. Formally, he is wanted on charges of dealing a schedule III and schedule IV controlled substance, as well as two counts of dealing marijuana. A warrant for his arrest was originally issued in 2007. The help of the U.S. Marshalls was enlisted to locate a group of fugitives, and Hightower was among those targeted. However, authorities were unable to find him--he had left the country.

With the help of fellow law enforcement officials and police detectives, Roberson began compiling information on Hightower, and soon found out that he was a fan of the online video game, the World of Warcraft. After receiving information that he was a regular gamer, the sheriff's department had enough information to get a subpoena to the company that manages the online game.

Although it took a couple of months, the creators of the game finally responded to Roberson's request. They gave him everything that he needed to know to track Hightower, including his IP address, account information and history, billing address, his online screen name, and his preferred server. After searching the IP address, Roberson got the longitude and latitude of Hightower's whereabouts, and was able to track his specific address. It was then arranged for Hightower to be brought back to the origin of the primary charges and face legal consequences starting January 5th, 2010.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Drug Lawyer and Maryland Drug Lawyer web pages.

Continue reading "DC Criminal Lawyer: Investigators Use Internet Game to Bust Wanted Fugitive" »

DC Criminal Lawyer: Is it a Criminal Act to Text Warnings to Illegal Immigrants?

January 8, 2010,

In a large and modern metropolitan area, a Washington DC criminal lawyer is likely to represent individuals accused of criminal charges because of information shared or submitted through the internet or mobile phone. With the boom of the technology generation, people are sharing information faster than ever. As a result, an advocate for immigrant and civil rights has recently started to use text messaging to warn residents along the U.S./Mexico border about crime sweeps performed by a high-profile local sheriff. Director of the nonprofit immigrant advocacy group Respect/Respeto, Lydia Guzman, has designed an advanced "text tree," that is made to contact many people at once. In minutes, residents can be altered to the details of the sweep. The notifications were started in response to the public concern that these sweeps were conducted to round-up immigrants, not targeting crime or criminal activity.

According to Guzman, the texting tree system is used to protect Latinos and other minority groups living along the border from becoming victim to racial profiling by deputies from the sheriff's department. Many police officers in the area have been accused of stopping Hispanic citizens in particular for minor traffic violations or other criminal charges just to check on their immigrant status. The Sheriff in question, Joe Arpaio, has repeatedly insisted that his deputies do not engage in racial profiling, and that he also publicize the details of the sweeps in advance.

Because of this, he suspects that the point of sending massive text messages to residents is a way to help illegal immigrants avoid arrest. Since March 2008, Arpaio has conducted thirteen sweeps, and have arrested 669 individuals. Half of these people were held on immigrant violations. According to the sheriff, the mass texters are walking a very thin line between "exercising free speech and breaking the law by helping immigration violators avoid detection." Furthermore, he believes that the texts are also tipping off underground human-smuggling services.

Although sending messages with the specific intent of helping illegal immigrants avoid arrest could be taken as being an accomplice to a crime, spreading truthful information is protected by the Constitution. First Amendment scholars believe that these text messages are protected free speech because they are only telling people what Arpaio is doing. This is very similar to alerting people of DUI checkpoints and speed traps, or flashing your headlights when police are nearby. "It's not unlawful. It's the conveyance of truthful information."

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information please visit our DC Immigration Lawyer and Virginia Criminal Lawyers websites.

Continue reading "DC Criminal Lawyer: Is it a Criminal Act to Text Warnings to Illegal Immigrants?" »

DC DUI Lawyer: DUI Expert, State Officer Busted for DWI

January 8, 2010,

As a Washington DC DUI Lawyer, it is likely to represent clients who have been charged with drunk driving. Sometimes, those considered experts on DUI charges and those who enforce them can be pulled over for driving while intoxicated. This is much like the recently example of a state police corporal drove while under the influence and crashed his vehicle while off duty.

Corporal John Quigg is facing severe consequences following the drunk driving arrest. On December 17th, the off-duty officer was driving his Honda Accord west on Route 422, when he lost control of his vehicle and hit a guard rail on the highway. According to reports, when law enforcement officials arrived on the scene, Quigg was unresponsive and hunched over in the driver's seat. The damage to Quigg's vehicle was minor, because he was reportedly driving at a slow speed.

He was taken immediately to the local hospital for a medical evaluation. However, when he arrived, it was discovered that Quigg had alcohol in his system when he crashed. As a result, the off duty police corporal was charged with driving while intoxicated, careless driving, and driving with an open-container charge.

According to a state police spokeswoman Danea Durham, Quigg is on an administrative leave of absence pending what is discovered after an extensive investigation. He has been on the police force for twenty-four years, working as a crash reconstructionist. Generally, Quigg is in charge of overseeing DUI checkpoints on the local streets and highways 95, 76, 676, and 422. In addition, he is considered a drug-recognition expert meaning that he has the ability to determine when a person is intoxicated based upon behavioral and other factors.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers and Virginia DUI Lawyer websites.

Continue reading "DC DUI Lawyer: DUI Expert, State Officer Busted for DWI" »

DC Drug Lawyer: Drug Charges and Gun Charges for NCAA Basketball Players

January 6, 2010,

Practicing in a metropolitan city, it is common for a Washington DC Criminal Defense Attorney to defend famous individuals, including athletes in court against a variety of criminal charges. Similar to many cases handled is the example of four NCAA basketball players who were arrested on drug charges and weapon charges just hours after beating their arch rivals. On New Years Day, a law enforcement officer stopped the young men as they were speeding on a highway.

Cameron Tatum, Tyler Smith, Melvin Goins, and Brian Williams were stopped by police around 11:30 a.m. The law enforcement officer smelled a strong odor of marijuana coming from the car. Therefore, he called for a K-9 officer and a back-up team. After the K-9 officer confirmed the presence of drugs, the four players were asked to step outside the car so the police could search it.

Upon investigation, police found a handgun under the driver's seat that could be "accessible by either the driver left rear seat passenger." Also found in the vehicle was a handgun that had an altered serial number under the passenger seat. This firearm was accessible by the other two passengers in the car. Also found in the vehicles by investigators was a bag of marijuana and an open container of alcohol.

Although it was not determined if the drivers and the passengers were under the influence of marijuana, according to police reports a strong odor of the drug was coming from the car--as if it was recently smoked in the vehicle. Because of this, instead of giving misdemeanor citations, each player was physically arrested. All were charged with misdemeanors including: unlawful possession of a firearm, possession of a firearm with an altered serial number, possession of marijuana and an open container of alcohol. As a result of the charges, head coach Bruce Pearl suspended all four players late Friday.

This articles is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Drug Lawyer and Virginia Drug Lawyer web pages.

Continue reading "DC Drug Lawyer: Drug Charges and Gun Charges for NCAA Basketball Players" »

DC Criminal Lawyer: Criminal Charges Against Man Posing as Military Officer

January 5, 2010,

Throughout the career of an experienced Washington DC criminal lawyer, clients accused of a variety of criminal charges are represented. However, it is rare to have a client like sixty-nine year old David Weber who has been charged with impersonating an officer, among others. At the VFW's annual birthday party last November, the two-star general was the celebrity of the bash and treated as the honored guest. According to tradition, he even received the first piece of cake. All of the guests were interested in the two stars on Weber's shoulders, as well as the combat crewman insignia located above his many medals. During the party, he entertained guests with stories of enlisting at seventeen years-old and his "promotion" to first lieutenant.

Weber's majestic presence was quickly eliminated when it was discovered that he may have stretched the truth--a lot. Although Weber did serve in the Corps during the late 1950s and early 1960s, he was never even a commissioned officer, let alone a major general. His cover was busted after a local newspaper ran a story on Weber. Included in the article were stories about his supposed time on active duty. He told the reporter tall tales about secret missions and operations in submarines and the embassy rooftop in Saigon in 1975. The article initially sparked great curiosity in Weber and his background. However, as the story was published across the internet, it reached Marine Corps headquarters. When the falsehoods were discovered, an officer contacted Weber, ordering him to immediately stop the charade.

He may have additional explaining to do, however. In an annual directory published by the Marine Corps Association he is listed under the title of major-general. The directory, a professional organization for active-duty and retired Marines, provided enough legitimacy for Weber to receive a Defense Department identification card stating that he's a retired O-8. Additionally, Weber was given a decal for Camp Pendleton. Since the truth has been revealed, the ID card and the decal have been returned.

So far, Weber has been charged with a misdemeanor in this case for wearing several fake medals. But, it is still unclear whether he will also receive felony charges as well. He certainly violated two federal laws: impersonating a military officer, and donning military badges he did not earn, such as the Purple Heart. He appeared in court on January 14th, 2010, for a preliminary hearing.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

Continue reading "DC Criminal Lawyer: Criminal Charges Against Man Posing as Military Officer" »

DC Sex Offense Lawyer: Fued Between Officers Cause Accusations to Fly

January 4, 2010,

Because a Washington DC criminal attorney practices law in a metropolitan area, it is common to represent individuals accused with a variety of criminal charges including sex offenses. However, it is important to take into consideration who the accuser really is--as seen by the example of two small town police officers determined to tarnish each other's names through a string of accusations of criminal charges.

Small-town police chief Michael Meissner was arrested this past September following accusations that he was sending graphic text messages to underage boys, trying to lure them to sex parties. Investigating officer, John Hoskins, discovered over 5,000 inappropriate text messages in which Messiner allegedly attempted to entice young boys to his home with alcohol, drugs, and a video camera. Hoskin's cell phone warrant also discovered that Meissner has received nude pictures of boys under the age of eighteen.

However, a week afterwards, Messiner walked out of the jail a free man. The seven charges and $1.5 million bail against him have been dropped. Hoskins is shocked at the release, while Meissner denies sending any of the messages. Additionally, he believed that Hoskins has trumped up the accusations to attack him personally.

The two men have a feud extending a number of years. Both men are law enforcement officials who have a nomadic career history--Meissner has worked at eighteen different agencies in twenty years. And since 1999, Hoskins has had fourteen separate appointments, never lasting over five months. Although neither man has a perfect reputation among officers, their dislike of one another is well-known.

In 2006, both men applied for the chief of police position a small town of almost two hundred and twenty-five people. Meissner got the job, and hired Hoskins to work for him later. Shortly into his employment under Meissner, Hoskins began investigating whether his boss watched pornography with a minor on a city-owned computer. The investigation hardly began, however, as Hoskins was fired shortly afterwards. Since, the two men have been on a mission to tarnish the other's reputation. Meissner has allegedly called around to various police agencies to either get him fired or prevent him from being hired in the first place. Hoskins has fired back by making a website insulting Meissner and relentlessly investigating the police chief.

Many in the local law enforcement community feel the same way about Meissner as they do about Hoskins, and the accusations they fire against one another. Because it is common knowledge that they are rivals, it is difficult for other officers and investigators to take allegations seriously--portions of the story could be exaggerated or fabricated to spite the other. According to George Spurgeon, an eighteen year police veteran who worked with Meissner and is familiar with Hoskins, "Most of the officers I know would say we'd probably be better off in the law enforcement community if both of them were not police officers." The general dislike of both officers could be a reason why they are both professionally nomadic, and charges against Meissner have been dropped.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Sex Crimes Lawyer and Virginia Sex Crimes Lawyer web pages.

Continue reading "DC Sex Offense Lawyer: Fued Between Officers Cause Accusations to Fly" »

DC DUI Lawyer: City Chauffeur Busted for DUI on way to Inauguration

January 4, 2010,

Because a Washington DC DUI Lawyer practices law in a metropolitan area, it is possible to represent a city official who has been accused of driving while intoxicated charges. Examples of cases handled are much like the driver of a city commissioner who was busted for drunk driving charges on the way to pick up his boss for the local mayoral inauguration. A chauffeur with the Department of the Homeless Services, Nathaniel Chambers, was on his way to pick up Commissioner Robert Hess on the morning of January 1st, 2010.

However, he did not get very far as he was stopped in his city-issued vehicle at the toll plaza. Around 10:30 a.m. he was stopped after traveling in the E-ZPass lane without a pass. When the law enforcement officials approached the car, the smell of alcohol was instantly noted. Because Chambers had a red emergency light on the dashboard of his car, he tried to get out of the situation. Nonetheless, Bridge and Tunnel officers didn't accept the excuse. They ordered Chambers to get out of the vehicle, and when he couldn't stand straight, they asked him to submit to a breathalyzer test.

He refused, and began to argue with the police officers. One of the officers waved a breathalyzer straw to a breath-test machine in front of Chamber's mouth. Although that is not the most accurate way to get a reading of a person's blood alcohol content, the resulted registered as 0.089, which is still over the legal limit. He was immediately brought down to the police station. Despite this, Chambers still maintains that he was not drinking.

This isn't the first time that Chambers has been arrested for driving while intoxicated. In 2003, he was arrested after blowing a 0.10 and was slapped with a $750 fine. Because of his job as a chauffeur, it is unclear whether the Department of Homeless Services knew about his prior conviction when hiring him. The government agency maintains that the charges are taken very seriously, and will be dealt with accordingly.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Lawyers and Virginia DUI Lawyer websites.

Continue reading "DC DUI Lawyer: City Chauffeur Busted for DUI on way to Inauguration" »

DC Criminal Lawyer: DC Prosecutors Drop Murder Charge Against Former Bus Driver

January 3, 2010,

HandcuffsAs a Washington DC Criminal Defense Attorney office, we represent many individuals who have been accused of a variety of criminal charges including murder. Cases we see are much like the example, of the Prince William County bus driver who was accused of fatally shooting another bus driver near a bus terminal last June.

Glenn K. Wade, 40, was arrested for felony murder charges in the shooting death of Darnell McPherson, 32. The body was found close to the headquarters of the Potomac and Rappahannock Transportation Commission in Woodbridge. Both men worked for First Transit, a company that provides bus drivers to PRTC. Authorities believed upon arresting Wade that the shooting stemmed from an argument between them.

However, the charges were dropped after DC prosecutors had "insufficient evidence" to fully proceed with a murder case against Wade. The extent of the evidence that law enforcement officials have gathered is unclear. A sport-utility vehicle with bullet holes was found on the side of Telegraph Rd. with a handgun nearby, according to police. In June, it was stated that they were investigating whether the men were engaged in a shootout.

But, whether this is true or not is still unclear. Elbert mentioned that the prosecution had "reluctant witnesses," but was hopeful that others would come forward as well.
Investigators have not given up on Wade as a suspect, however. "There's certainly reason to believe that he's the right man, just that the evidence didn't hold up the way we expected it to. If we get evidence that is sufficient, we'll be able to bring charges again," Elbert explained. Despite police suspicions, Wade was released from jail on December 23rd, 2009.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers websites.

Continue reading "DC Criminal Lawyer: DC Prosecutors Drop Murder Charge Against Former Bus Driver" »

DC Drug Lawyer: New Criminal Charges Against Walt Disney's Grandson

January 2, 2010,

Practicing in a metropolitan area, a Washington DC criminal lawyer is likely to represent a number of famous or celebrity clients who have been accused of criminal charges. Cases handled are much like the recent arrest of the grandson of Walt Disney for suspicion of gun possession charges. At approximately 5:30 a.m. on December 9th, Patrick Miller Disney, 42, was arrested at his home. He is the youngest son of Disney's only biological daughter, Diane Disney Miller.

This is not Miller's first run-in with law enforcement officials. He was previously arrested in 2005 for drug possession charges. Because Miller was convicted for this crime, he was prohibited from owning or handling any sort of firearm or ammunitions. As a result of his previous conviction, the local police department ran background checks on Miller. During a routine search, it was discovered that Miller had purchased guns and ammunition.. The District Attorney's office filed a felony warrant, ultimately allowing the sheriff's department to search through his home for any illegal activity. The warrant was served, Miller was arrested, and brought to county jail. Bail for Miller was posted at $70,000--although he was arrested a number of weeks ago, he was just released this past week.

Although Miller was originally charged with just one count of felony possession of a firearm, the police investigation of his home showed there was more beneath the surface. Law enforcement officials found thirteen handguns, a rifle, one illegal assault rifle, as well as an assortment of narcotics. As of yesterday, Miller has been slapped with two dozen new charges including nineteen counts of unlawful possession of a firearm by felon or addict, one count of possession of an illegal firearm, and three counts of possession of a controlled substance with a firearm. If convicted, Miller faces up to eight years in a state controlled prison.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

Continue reading "DC Drug Lawyer: New Criminal Charges Against Walt Disney's Grandson" »

DC DUI Lawyer: Female Drunk Driving Arrests on the Rise

January 2, 2010,

Throughout the career of a Washington DC DUI Attorney, many clients will be represented that have been accused of driving while intoxicated charges. As the times change, there has also been a noticleable difference in the clientele who enter our DC DUI law firm--more and more women are being charged with DUIs than ever before. American women have come to enjoy many of the same things as men--ladies are now able to receive greater pay, social equalities, and are often found in great positions of power. Although men statistically receive more driving while intoxicated charges, the number of women being arrested is gradually rising.

Over the past few years, statistics show that women are making up a significantly larger percentage of drunk driving charges. According to the Department of Public Safety, 17.4 percent of all drunk driving arrests were women in 1997. By 2006 however, women accounted for 21.7 percent of all state DUI arrests. While this might not seem like a dramatic rise, but there is a definite trend. Driving while intoxicated arrests of men fell by 17 percent during those years.

Nationally, the statistics follow the same trend. According to crime statistics from the U.S. Department of Justice, female DUI busts between 1998 and 2007 increased by 28.8 percent The number of men arrested for driving under the influence during this time decreased by 7.5 percent.

This trend has followed many cultural changes that has put more women on the road and in positions of responsibility and power. As the driving habits of women come to resemble that of mens, there are more instances of female arrests for aggressive driving or drunk driving. Additionally, increased binge drinking may have influenced the change in numbers. As women become socially equal to men, there is a great tendency to try to keep up while drinking. Because women have less water in their bodies, ladies become more intoxicated than men even when drinking equal amounts.

Males still account for the bulk of driving while intoxicated arrests, however. Men comprised 78.3 percent of drunk driving charges, compared to 82.7 percent ten years before. This trend could be attributed to harsher punishments for DUI arrests, and an increased social stigma surrounding drunk driving.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorneys and Virginia DUI Lawyer websites.

Continue reading "DC DUI Lawyer: Female Drunk Driving Arrests on the Rise" »

DC Gun Lawyer: DC Police Investigation Confirmed by Arenas

January 1, 2010,

Washington DC criminal lawyers assist people accused with a variety of criminal charges, including misdemeanor and felony gun charges. Even celebrities in the Washington DC area can be charged, much like Washington Wizards player Gilbert Arenas. Inquiries are being made concerning the current investigation into alleged gun charges. The National Basketball Association and his team are looking into the accusations that Arenas violated league rules regarding unlawful weapon possession.

The Washington Wizards administration learned that Arenas was storing firearms in a locked container in his locker. The gun was unloaded and without any ammunition. The basketball team immediately notified local law enforcement officials of the discovery. According to Arenas, he originally had the guns at home. However, he moved them to the Verizon Center in order to keep his children away from them. On December 10th, he brought them to the team locker room, until he figured out what to do with them. Shortly afterwards, he turned the firearms over to team security, who then gave them to the Washington DC Police Department.

The National Basketball Association does not have any laws preventing players from owning guns. However, all firearms are strictly prohibited on league property or during times which league business is being conducted. Because Arenas brought guns on to league property, he is facing suspension or a fine, however no official ruling had been made as of Thursday.

Although he currently faces no criminal charges in this incident, it is not his first run-in with law enforcement officials. Arenas was forced to miss the Washington DC Wizards 2004-05 season opener after pleading no contest to a misdemeanor for possession of a concealed weapon. Additionally, in 2003 Arenas was charged with driving without a license.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Gun Lawyer and Virginia Gun Lawyer web pages.

Continue reading "DC Gun Lawyer: DC Police Investigation Confirmed by Arenas" »