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May 28, 2010

US Marshals Search for DC Fugitive

Authorities continue to search for a DC convicted criminal who has evaded justice for the past five years. William Bennett Brown, 50, is wanted on three outstanding warrants in Washington DC. Brown is wanted for violating his parole for drug charges in 1992, escaping from a halfway house in 1995, and distributing cocaine in 1996. These outstanding warrants will not be the first for which Brown has needed the counsel of a DC criminal lawyer. In addition to the crimes for which he has outstanding warrants, Brown has an extensive criminal history.

Brown's criminal record includes arrests for assault, burglary, and fraud. According to Deputy Marshal Shane Clark, Brown "is a proven threat to the community and we need to get him off the streets." Clark adds, "This guy simply refuses to conform to the rules of society."

This is not the first time in recent history that US marshals have asked for the public's help in locating a fugitive. On May 24, a fugitive sex offender turned himself in to authorities after The Washington Examiner ran a story saying marshals believed the man was hiding in DC. Larry Donnell Cotton, 43, was wanted for his second offense of failure to register as a sex offender. His criminal history also includes the sexual assault of a minor, assault and battery, burglary, and weapons offenses. When he turned himself in, Cotton did not know that he was recently indicted in DC federal court for failing to register as a sex offender and then crossing state lines. His federal charge could result in a longer prison sentence. A DC criminal defense attorney will guide Cotton through the judicial process to make sure his rights are protected.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Drug Lawyers and Virginia Drug Attorneys websites.

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January 26, 2010

Drug Charges - Arrest Could Set Drug Possession Precedent

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 The Law Offices of David Benowitz, 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

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January 10, 2010

Drug Charges - Criminal Charges Against O'Neal Send Him Back to Jail

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 The Law Offices of David Benowitz representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

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January 9, 2010

Criminal Law - Investigators Use Internet Game to Bust Wanted Fugitive

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 The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Drug Lawyer and Maryland Drug Lawyer web pages.

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January 6, 2010

Drug Possession - Drug Charges and Gun Charges for NCAA Basketball Players

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 The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Drug Lawyer and Virginia Drug Lawyer web pages.

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December 28, 2009

DC Drug Law - DC Council Wants Harsher Punishments for PCP Possession

It is likely that a Washington DC criminal lawyer will represent clients who have been accused of criminal charges of drug possession or drug distribution. The outcomes of the cases could be affected by the new legislation currently being debated by the D.C. Council. Laws are being proposed that would increase the penalties for possession of PCP. Officials maintain that the current laws are weak and ineffective, because they do not fully represent how dangerous of a drug PCP is. Therefore, it is their goal to take a more firm stance on the matter. If these laws pass, it will ultimately affect the clients of DC criminal attorneys charged with drug distribution or drug possession.

Drug distribution of PCP is much different than other drugs because the liquid form comes in very small quantities. Many juries have found a disincentive to convict an individual arrested for possession of PCP, especially because the amount is often so small. Mendelson and other co-contributors to the bill hope that it will raise awareness of the dangerous and erratic behavior PCP can cause, as well as the consequences of that behavior. Often uncontrollable and unpredictable, individuals high on PCP can pose safety risks to those around them as well as themselves.

Three weeks after the December 1st introduction of the bill, fifty year-old Mary Jones was killed as she waited for a bus in Southeast Washington DC. She was hit by a speeding sedan driven by a Maryland man who was allegedly intoxicated on PCP. Driving twice the legal speed limit, Glendale Ogburn drove his vehicle in a straight line down the sidewalk, running Jones over. When police caught up with Ogburn, he smelled of both marijuana and PCP. He was arrested, and charged with negligent homicide for his role in the death of Mary Jones.

Under current D.C. law, possession of phencyclidine in any form is a misdemeanor. The new legislation, drafted by Councilman Phil Mendelson, would increase the punishment to a felony charge. Such a conviction would carry consequences of up to a $5,000 fine and five years in prison.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information please visit our Maryland Drug Lawyer and Virginia Drug Lawyer web pages.

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December 5, 2009

Gun Law - Charged with Gun Possession, Rapper Lil' Wayne Off to Jail

Practicing criminal defense law in a metropolitan location, it is common that a Washington DC criminal lawyer will represent famous clients when accused of criminal charges. Celebrity cases handled are similar to that of hip-hop recording artist Dwayne Carter Jr., best known as Lil' Wayne, who pled guilty in late October to attempted possession of a weapon in the second degree. He is to serve eight months in prison this year after being convicted of weapons related charges. The rapper, 27, received a minimal sentence, as the maximum sentence for gun charges is up to fifteen years in prison.

After a 2007 performance, law enforcement authorities smelled marijuana from Lil' Wayne's tour bus, and proceeded to investigate. Original drug possession suspicions transformed after investigators located a .40 caliber pistol aboard the tour bus. Felony gun charges were ultimately filed against the recording artist. Originally, Lil' Wayne pled not guilty to gun charges. However, after admissible DNA evidence was found on the pistol, Lil' Wayne opted to take his lawyer's advice and take the plea bargain.

The trial on the gun charges is to begin in January, 2010. If he is found guilty, it could result in a three and a half-year prison sentence. Although Lil' Wayne is to serve eight months in jail, the courts generally take a tough stance on gun charges, regardless of celebrity status. For example, former NFL wide receiver Plaxico Burress received two years in prison after taking a gun with him into a night club.

Gun charges are not Lil' Wayne's only problems, however. The rapper is also facing trial for felony drug possession charges and gun charges in another state. These charges resulted following another search of Lil' Wayne's tour bus by law enforcement officials. In this particular instance, Lil' Wayne was charged with drug possession of one-hundred-five grams of marijuana, twenty-nine grams of cocaine, forty-one grams of ecstasy, as well as gun charges for unlawful possession of a handgun. Lil' Wayne's criminal justice law attorney reported to Rolling Stone magazine that he was "well-informed throughout, and he made a choice of how he wished to handle the situation. He decided to take responsibility."

Lil' Wayne is currently the second popular hip-hop recording artist to serve time as a result of gun charges. After being sentenced in March 2009, rapper T.I. is currently serving his year-long prison sentence after pleading guilty to gun charges. Furthermore, Lil' Wayne joins the ever-growing group of celebrities that are facing legal repercussions for their actions--whether the charges be gun charges, driving while intoxicated, drug possession, fraud, or a mix of each.

This post is provided by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Criminal Attorney and Maryland Criminal Attorney websites.

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