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	<title>Terani Law Firm - Criminal Defense Blog</title>
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	<link>http://www.criminalattorneyusa.com/blog</link>
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		<title>Parents Charged With Child Neglect for Living Outside</title>
		<link>http://www.criminalattorneyusa.com/blog/child-neglect/</link>
		<comments>http://www.criminalattorneyusa.com/blog/child-neglect/#comments</comments>
		<pubDate>Mon, 07 Jun 2010 19:31:52 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Child Abuse]]></category>
		<category><![CDATA[Child Neglect]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=265</guid>
		<description><![CDATA[America is the land of the rich and plenty.  Anything we need is just a click away as an online purchase or is available to buy just down the street at the local supermarket or mall.  Six-year-olds walk around texting on cell phones and a single family will own up to one car per household [...]]]></description>
			<content:encoded><![CDATA[<p>America is the land of the rich and plenty.  Anything we need is just a click away as an online purchase or is available to buy just down the street at the local supermarket or mall.  Six-year-olds walk around texting on cell phones and a single family will own up to one car per household member.   Not all of the world lives this way or has access to so many resources and material goods.  Over half of the world’s population lives on less than $2.50 per day.  When a person emigrates from a third world country to the United States it must be a great shock to accustom oneself to the extravagance of the American standard of living.  This appears to be the case with Sherrine and Phillip Mathieu who were charged with 863 counts of child neglect for allegedly forcing their daughter to sleep, eat, and use the bathroom outside for over eight years.  The mother and father, who are immigrants from Haiti and the Bahamas, also allegedly lived in a car with their daughter outside of the house.  This is an extreme amount of charges for child neglect, and the Mathieu’s are going to be penalized by serious consequences unless a skilled criminal defense attorney takes their case and mitigates the 863 counts of child neglect that the couple is facing. </p>
<p>There appears to be more assumptions than evidence supporting the allegations of child neglect against the Mathieu’s that a criminal attorney could uncover in order to reduce the criminal charges of child abuse.   Law enforcement is twisting the circumstances of the alleged<a href="http://www.criminalattorneyusa.com/child-abuse.aspx" target="_blank"> child neglect </a>in order to incriminate the couple to the greatest degree possible.  The charges against the Mathieu’s make it sound as if they were torturing their child by not allowing her to live in the house.  However, the Mathieu’s were not forcing their daughter to sleep outside while they lived luxuriously in the house, the whole family resided outdoors.  A criminal defense lawyer could show that living outdoors or in an unconventional dwelling does not warrant child abuse charges.  The family was legally living on their own property and at the most they could have been violating a city ordinance for sanitation.  However, the Mathieu’s will most likely not be able to avoid all criminal charges.  It is reported that their daughter has not been attending school and chronic truancy is a charge that can be punished by up to one year in jail or a fine in most states. </p>
<p>The Mathieu’s may need an evaluation in order to determine their fitness as parents and to assess the validity of the child neglect allegations that their daughter is making against them.  Their daughter has allegedly fought with her mother on multiple occasions regarding their living conditions and the parents have allegedly told officials coming to inspect the house that their daughter sleeps inside on a bed.  It is possible that these allegations are nothing more than the words of a fitful teenager and that once a criminal attorney evaluates the evidence it will be found that the Mathieu’s cannot be charged with child neglect.  A criminal defense attorney is aware that many accusations of child abuse taken out of context or without explanation can appear horrendous.  That is why a criminal lawyer is necessary to show your side of the story in order to reduce or dismiss charges of child neglect or child abuse. </p>
<p><a href="http://www.justnews.com/news/23633662/detail.html" target="_blank">http://www.justnews.com/news/23633662/detail.html</a></p>
<p><a href="http://cbs4.com/local/child.neglect.mathieu.2.1707753.html" target="_blank">http://cbs4.com/local/child.neglect.mathieu.2.1707753.html</a></p>
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		<title>Irritated Judge Gives Prison Term to Ex-Mayor of Detroit for Probation Violation</title>
		<link>http://www.criminalattorneyusa.com/blog/prison-term-for-probation-violation/</link>
		<comments>http://www.criminalattorneyusa.com/blog/prison-term-for-probation-violation/#comments</comments>
		<pubDate>Fri, 28 May 2010 16:26:52 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Probation Violation]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=262</guid>
		<description><![CDATA[When Mr. Kilpatrick, the ex-mayor of Detroit, was sentenced to five years in prison for violating his probation for an original charge of obstructing justice it is reported that there was a collective “gasp” in the courtroom.  The court spectators were certainly surprised at the severity of the sentence, but was his criminal defense lawyer, [...]]]></description>
			<content:encoded><![CDATA[<p>When Mr. Kilpatrick, the ex-mayor of Detroit, was sentenced to five years in prison for violating his probation for an original charge of obstructing justice it is reported that there was a collective “gasp” in the courtroom.  The court spectators were certainly surprised at the severity of the sentence, but was his criminal defense lawyer, probably not.  Why did Mr. Kilpatrick receive such a harsh sentence for a violation of probation on an original sentence of ninety-nine days in jail?  It appears that the foremost reason is that he alienated and aggravated the judge and chose to speak for himself instead of letting his<a href="http://www.criminalattorneyusa.com/probation-violation.aspx" target="_blank"> criminal defense lawyer defend him against probation violation charges</a>.  A criminal attorney always has your best interest in mind as well the expertise to navigate the courtroom and fight for the best outcome in your case.   However, there is very little that even the finest criminal defense lawyer can do if the client is unwilling to cooperate with their lawyer and the court.  Five years is a long time in prison and it sure is likely that Mr. Kilpatrick is wishing he had followed the guidance of his criminal lawyer and been a little more repentant and a little less brash.</p>
<p>Instead of allowing his criminal defense attorney to do his job and show the court that Kilpatrick had stayed within the terms of his probation, which included paying monthly restitution to the city of Detroit, Mr. Kilpatrick took the stand in his own defense and asked the judge to show him compassion.  Mr. Kilpatrick was paying $3,000 in restitution per month and had repaid a good portion of the total million dollar restitution he owed to the city for the original charge of obstruction of justice.  Mr. Kilpatrick had previously complained about the monthly fines and had argued that he could not pay more than $6 a month.  Unfortunately it was found that Mr. Kilpatrick had not reported all of his assets and had obtained a very well paying job that allowed his family to move into a nice new home.  A skilled criminal defense attorney could have mitigated the allegations of the probation violation and argued that Kilpatrick was already paying a hefty monthly sum and should not be forced to give up all assets; after all he does have a family to support.  However, Kilpatrick’s personal twenty minute oratory only managed to convince the judge that he was a liar and had not learned his lesson from his previous sentence.  The judge took Kilpatrick’s plea for compassion as a sign of Kilpatrick’s contempt for his courtroom and the justice system.  The judge consequently decided to give Kilpatrick a sentence that will really teach him a lesson.  It looks like for every minute that Kilpatrick tried to argue on his own behalf, the judge added another few months to his sentence.  Hopefully after this debacle, Kilpatrick has learned next time to let his criminal defense attorney do his job, and not to make remarks that will hurt his case. </p>
<p>Don’t let egoism stand in your way if charged with any crime from obstruction of justice to embezzlement.  If you think that you can best represent yourself in court, you can’t.  That is the job of a criminal lawyer who has years of expertise and experience defeating allegations and negotiating with the judge and prosecutor.  If you think that the charges aren’t serious, think again.  Mr. Kilpatrick might have thought that his charges weren’t that serious and now he is facing a possible five years in prison.  Lastly, don’t irritate the judge.  A judge is likely to be more lenient and understanding if your criminal attorney shows them that you have learned from your mistake, are on your way to rehabilitation, and are willing to atone for your crime.   </p>
<p><a href="http://www.nytimes.com/2010/05/26/us/26detroit.html?adxnnl=1&amp;adxnnlx=1274896887-AdSQAvWbzUkCZXNWk39YCA" target="_blank">http://www.nytimes.com/2010/05/26/us/26detroit.html?adxnnl=1&amp;adxnnlx=1274896887-AdSQAvWbzUkCZXNWk39YCA</a></p>
<p><a href="http://www.msnbc.msn.com/id/37335304/ns/us_news-crime_and_courts/" target="_blank">http://www.msnbc.msn.com/id/37335304/ns/us_news-crime_and_courts/</a></p>
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		<title>Terrorist Threats: Crimes against the National Security of the United States</title>
		<link>http://www.criminalattorneyusa.com/blog/terrorist-threats/</link>
		<comments>http://www.criminalattorneyusa.com/blog/terrorist-threats/#comments</comments>
		<pubDate>Tue, 25 May 2010 16:53:00 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Federal Crime]]></category>
		<category><![CDATA[Federal Defense Attorney]]></category>
		<category><![CDATA[Plea Deal]]></category>
		<category><![CDATA[Terrorism Crimes]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=259</guid>
		<description><![CDATA[The terrorist attack of September 11th is a defining point in American history and marked the beginning of the international, American-lead War on Terror.   Terrorism crimes including terrorist threats or terrorist conspiracy are taken extremely seriously and can result in federal criminal charges and incarceration.  Since 2009, more than twenty-five United States citizens have been [...]]]></description>
			<content:encoded><![CDATA[<p>The terrorist attack of September 11th is a defining point in American history and marked the beginning of the international, American-lead War on Terror.   Terrorism crimes including terrorist threats or terrorist conspiracy are taken extremely seriously and can result in federal criminal charges and incarceration.  Since 2009, more than twenty-five United States citizens have been charged with terrorism crimes and tried in a criminal court.  In many cases, a criminal defense attorney has aided the alleged perpetrator in bargaining for a plea deal that has included a reduced sentence in exchange for cooperation and intelligence.</p>
<p>Terrorist networks are so frightening because they span international borders and do not fall under the control of any nation-state.  This makes them unpredictable and difficult to pinpoint and combat.  A member of a terrorist organization such as Al-Qaeda can be a hardworking, everyday citizen by day and an Al-Qaeda informant or operative by night.  For example, Khalid Quazzani, a naturalized United States citizen was charged with money laundering, bank fraud charges, and sending $23,000 to Al-Qaeda.   The criminal lawyer for Mr. Quazzani has negotiated a plea deal for Mr. Quazzani in exchange for statements regarding Mr. Quazzani’s involvement in the Al-Qaeda terrorist organization.  Mr. Quazzani could be sentenced to sixty-five years in federal prison without parole and a fine of up to $1 million dollars.  Al-Qaeda ranks on the United State’s top list of threats to National Security.  As Mr. Quazzani’s sentence shows, any act of support for Al Qaeda or any other terrorist organization, financial or otherwise, is treated as a threat to our nation. </p>
<p>In another recent case Syed Hashmi has been tried for conspiracy on federal terrorism charges for conspiring to provide Al-Qaeda with “military gear” and loaning a $300 to purchase a plane ticket to transport the alleged gear to Pakistan.  The “military gear” included items such as sleeping bags, ponchos, and waterproof socks destined for Al-Qaeda use in Afghanistan.  Hashmi’s skilled criminal lawyer fought aggressively and negotiated a plea deal that reduced Hashmi’s sentence from a possible life sentence to fifteen years in prison.  Mr. Hashmi could be released in ten years for good behavior at the soonest and has already been in custody pending trial for four years. </p>
<p>The most recent case of attempted terrorism is the attempted car bomb in New York’s Times Square.  Faisal Shahzad, the alleged perpetrator, has become the face of domestic terrorism, receiving high media coverage due to the severity of the federal attempted terrorism charges and his unabashed demeanor regarding his actions.  Shahzad was arraigned in federal court on charges of attempted murder, attempted use of a weapon of mass destruction, using a destructive device with an attempted crime of violence, and transporting explosives.  If convicted of attempted terrorism, Shahzad could be sentenced to life in prison.  Shahzad’s federal lawyer has until the next court date in June to decide what the best course of action will be for Shahzad’s case in order to reduce the maximum jail sentence.  The plea deal will likely depend on whether Shahzad is found to be an individual actor or part of a greater terrorist plot, and whether he can be and/or is willing to be an informant for uncovering a larger terrorist network. </p>
<p><a href="http://www.criminalattorneyusa.com/terrorist-threats.aspx" target="_blank">Federal terrorism charges are some of the most serious charges that an individual can face </a>and require a skilled federal defense attorney.  The federal government is still refining how to handle terrorist crimes including terrorist threats and attempted terrorism.  Some people argue that the criminal justice system is successful in managing terrorism cases while others believe that terrorism cases are best managed by the military in military court.  It is very possible that the criminal justice system in the future may not only be used to try United States nationals who are charged with terrorist threats or attempted terrorism but also non-Americans who have been found to be a threat to national security such as the Guantanamo Bay detainees. </p>
<p><a href="http://www.cnn.com/2010/CRIME/05/21/pakistan.times.square.arrest/index.html" target="_blank">http://www.cnn.com/2010/CRIME/05/21/pakistan.times.square.arrest/index.html</a></p>
<p><a href="http://cityroom.blogs.nytimes.com/2010/05/18/faisal-shahzad-to-be-arraigned/" target="_blank">http://cityroom.blogs.nytimes.com/2010/05/18/faisal-shahzad-to-be-arraigned/</a></p>
<p><a href="http://www.nytimes.com/2010/04/28/nyregion/28hashmi.html?scp=1&amp;sq=%22ex%20brooklyn%20college%20student%20admits%20conspiring%20to%20help%20al%20qaeda&amp;st=cse" target="_blank">http://www.nytimes.com/2010/04/28/nyregion/28hashmi.html?scp=1&amp;sq=%22ex%20brooklyn%20college%20student%20admits%20conspiring%20to%20help%20al%20qaeda&amp;st=cse</a></p>
<p><a href="http://www.nytimes.com/2010/05/20/us/20terror.html" target="_blank">http://www.nytimes.com/2010/05/20/us/20terror.html</a></p>
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		<title>Hate Crimes: Harsh Penalties for Heinous Crimes</title>
		<link>http://www.criminalattorneyusa.com/blog/hate-crimes/</link>
		<comments>http://www.criminalattorneyusa.com/blog/hate-crimes/#comments</comments>
		<pubDate>Tue, 25 May 2010 16:03:30 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Hate Crime]]></category>
		<category><![CDATA[Plea Deal]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Violence]]></category>
		<category><![CDATA[Violent Crimes]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=256</guid>
		<description><![CDATA[Criminal justice is about intent and result.  If you kill a person, the punishment depends on whether the act was premeditated, spontaneous, or self-defense.  If you are caught selling drugs, it matters if you are a juvenile or an adult and are perceived by the court to understand the full consequences and meanings of your [...]]]></description>
			<content:encoded><![CDATA[<p>Criminal justice is about intent and result.  If you kill a person, the punishment depends on whether the act was premeditated, spontaneous, or self-defense.  If you are caught selling drugs, it matters if you are a juvenile or an adult and are perceived by the court to understand the full consequences and meanings of your actions.  In our criminal justice system it is the role of the criminal defense lawyer to show the court the intention behind the crime and seek an appropriate consequence for the crime committed.  It is said that many crimes are motivated by greed, jealousy, or lust.  However, human motivation is not always so simple, or so malevolent. In many cases, a criminal lawyer is able to explain the mitigating circumstances such as need, addiction, or depression that causes a person to commit a crime.  For example a father does not steal baby formula because he is greedy, but because he desperately needs to feed his child. </p>
<p>However, certain crimes are so heinous that it is difficult to conceive of any justification or imagine the motivation behind the crime.  For example, what causes a person to mark a mentally disabled man with degrading symbols, drag a black man behind a truck until all remnants of life have been torn from his body, or beat a South American immigrant to death because it appeared that he was gay?  Hate crimes are a special class of criminal charges differentiated by the intention behind the crime.  A hate crime is a crime motivated by bias towards ethnicity, race, religion, sexual orientation, or disability. <a href="http://www.criminalattorneyusa.com/hate-crime.aspx" target="_blank"> Hate crimes are often punished by a harsher sentence</a> than the same criminal action not motivated by these biases. Hate crime cases are extremely tough for even the best criminal defense attorneys and can carry a punishment up to life in prison or the death penalty depending on the severity of the crime. </p>
<p>For example, in a recent case three New Mexico men have been accused of kidnapping, branding a swastika, cutting a swastika into the hair, and writing degrading messages all over a mentally challenged man from the Navajo reservation.  The men have been charged with kidnapping, aggravated battery, and causing great bodily harm.  They are already facing felony charges, but prosecutors are also going to fight aggressively for these men to be charged with a hate crime.  If convicted of a hate crime, New Mexico law mandates that one year will be added to the sentence for each charge that they are convicted of.  The alleged perpetrators could receive up to thirty-five years in prison, including eighteen years of incarceration without consideration for parole.   These men will need an experienced criminal attorney to repudiate the hate crime allegations or they could be spending more than a third of their life in prison.   </p>
<p>Is this case a hate crime?  The most grievous allegation against the three men is that they allegedly branded a swastika on the mentally disabled man’s arm using a heated metal clothes hanger.  However, branding itself is not always a crime, much less a hate crime.  A man was recently acquitted of two counts of branding his children in Washington State.  Once again it is all about intent.  The Washington man was acquitted of the assault charges against his children because his criminal defense attorney proved to the court that the branding was not done out of anger or cruelty but was a manner in which the family bonded and demonstrated family unity.  However, given the historic symbolism of the swastika, the ethnic background, and mental disability of the victim, it is unlikely that even a skilled criminal lawyer will be able to dismiss all charges against these men.  The criminal defense lawyer on this case will have a challenge to even rebuff the hate crime enhancement to the kidnapping and assault charges.  During a search following the alleged incident, police found insignia associated with white supremacists, which is one of the foremost groups to be charged with hate crimes.  The best course of action for these men and their criminal defense lawyer could be to negotiate a plea deal since a jury is most likely going to be very unsympathetic towards men with white supremacist sympathies that branded a Nazi associated symbol on a disabled man that could not defend himself.   </p>
<p><a href="http://www.msnbc.msn.com/id/37053787/ns/us_news/" target="_blank">http://www.msnbc.msn.com/id/37053787/ns/us_news/</a></p>
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		<title>Supreme Court Rules “Sexually Dangerous” Felons Can Be Indefinitely Held in Federal Custody</title>
		<link>http://www.criminalattorneyusa.com/blog/supreme-court-sexually-dangerous-felons/</link>
		<comments>http://www.criminalattorneyusa.com/blog/supreme-court-sexually-dangerous-felons/#comments</comments>
		<pubDate>Tue, 25 May 2010 15:23:41 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Child Abuse]]></category>
		<category><![CDATA[Child Molestation]]></category>
		<category><![CDATA[Child Pornography]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Federal Crime]]></category>
		<category><![CDATA[Federal Defense Attorney]]></category>
		<category><![CDATA[Pre-File]]></category>
		<category><![CDATA[Sex Crimes]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=253</guid>
		<description><![CDATA[Sex crime allegations are some of the most dangerous accusations that you can face in your life.  As a sex crimes attorney will tell you, child pornography, rape, or molestation charges can have harsher consequences than being convicted of manslaughter.  Sex crimes, especially sex crimes involving children, are regarded at the level of the most [...]]]></description>
			<content:encoded><![CDATA[<p>Sex crime allegations are some of the most dangerous accusations that you can face in your life.  As a sex crimes attorney will tell you, child pornography, rape, or molestation charges can have harsher consequences than being convicted of manslaughter.  Sex crimes, especially sex crimes involving children, are regarded at the level of the most sadistic crimes that can be committed.  The public constantly challenges law enforcement officials and legislators to be tougher on convicted sex crime felons, stating that too many sexual predators roam our streets and endanger our children.  In 2006, President Bush signed the John Walsh Act which controversially gives federal officials the power to indefinitely hold federal inmates that are considered “sexually dangerous” after their prison terms are complete.  Federal criminal attorneys have challenged this act on behalf of four men convicted of sex crimes with completed prison terms for charges such as sexual abuse of a minor and child pornography.  On Monday, the Supreme Court ruled that the Federal Government is within its’ right to indefinitely detain federal inmates who pose a high risk of recidivistic behavior, or of becoming a repeat sex offender. </p>
<p>The power of Congress to commit “sexually dangerous” inmates was compared by Supreme Court Justice Nominee Elena Kagan to the power of Congress to indefinitely hold federal inmates whose sentences have expired but that have highly contagious or deadly diseases. Do certain inmates deserve to be incarcerated at the discretion of the Federal Government in order to protect the general public from disease or sexual attack?  These acts make inmates who are convicted of sex crimes or who are extremely ill the pariahs of society and borders on inhumane incarceration. </p>
<p>The Supreme Court ruling in favor of the John Walsh act is extremely terrifying and harsh.  If accused of a sex crime what should you do?  Run away to a foreign country; resign yourself to a life in prison? NO! You should contact a criminal defense attorney immediately as soon as sex crime allegations are made or a police investigation begins against you.  The <a href="http://www.criminalattorneyusa.com/pre-file-investigation.aspx" target="_blank">best time for a criminal lawyer to become involved is during the pre-file stage</a>, before formal charges of rape, molestation, or sexual assault are pressed and prosecution proceeds in a court of law.  A molestation attorney during the pre-file can act as a buffer between you and the police investigators and fight to dismiss any child pornography or sexual assault accusation against you before they turn into formal criminal charges.  If confronted with the quotidian confinement of a federal prison for the rest of your life, wouldn’t you want the best criminal defense lawyer to represent you and fight for any allegations or sex crimes charges to be dismissed as quickly as possible?  The government, law enforcement, and the general public do not deal lightly with people convicted of sex crimes.  A criminal defense lawyer is your only ticket to insure that your right to liberty will not be taken away. </p>
<p><a href="http://www.msnbc.msn.com/id/37190594/ns/us_news-crime_and_courts/" target="_blank">http://www.msnbc.msn.com/id/37190594/ns/us_news-crime_and_courts/</a></p>
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		<title>Supreme Court Rules Juvenile Offenders Deserve a Second Chance</title>
		<link>http://www.criminalattorneyusa.com/blog/supreme-court-juvenile-offenders/</link>
		<comments>http://www.criminalattorneyusa.com/blog/supreme-court-juvenile-offenders/#comments</comments>
		<pubDate>Fri, 21 May 2010 19:56:23 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Appeal]]></category>
		<category><![CDATA[Juvenile Defense Lawyer]]></category>
		<category><![CDATA[Juvenile Offenses]]></category>
		<category><![CDATA[Theft/Robbery]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=250</guid>
		<description><![CDATA[If you are ever charged with a crime you should feel lucky that you have been charged with a crime in America.  Not all countries have such a high standard of justice or the opportunities given in America to prove your innocence including being able to hire a skilled criminal defense attorney to represent your [...]]]></description>
			<content:encoded><![CDATA[<p>If you are ever charged with a crime you should feel lucky that you have been charged with a crime in America.  Not all countries have such a high standard of justice or the opportunities given in America to prove your innocence including being able to hire a skilled criminal defense attorney to represent your cause.  Take our near neighbor Mexico for example.  In Mexico one is guilty until proven innocent, not innocent until proven guilty.   Combine that with widespread corruption in the public sphere, police brutality, and known instances of torturous interrogation techniques and suddenly a jail cell in the US appears like a dream vacation in comparison.    America has such a fine justice system in part because <a href="http://www.criminalattorneyusa.com/appeal.aspx" target="_blank">judges decisions can be appealed by a criminal lawyer up to the level of the Supreme Court</a> if needed and sentences can be renegotiated if found to be unfair or disproportionate to the crime committed.  Laws are based in the rights mandated to all citizens of the United States by the Constitution and a criminal attorney has the power to fight unfair legal practices if certain rules or rights have not been held up in a court of law.</p>
<p>For example, the criminal attorney representing Terrence Graham has done good work to appeal his client’s case, taking the appeal all the way to the level of the Supreme Court to get Terrence a more suitable sentence for his crime.  As a young man of just 17, Terrence was an accomplice in a violent robbery and one year later was charged with burglary and violation of probation.  The judge for his second offense sentenced Graham to prison, for life.  A criminal defense attorney knows when the punishment is disproportionate to the crime and when it may be appropriate to file for an appeal.  The appellate attorney in Graham’s case argued that the life sentence conflicted with the Eighth Amendment’s prohibition of cruel or unusual punishment.  Just days ago the Supreme Court made a decision in favor of Graham and other juvenile criminals who have been sentenced to life in prison.  They ruled that juveniles who commit crimes in which no one is killed cannot be sentenced to life without parole.  The Supreme Court Justices deliberated and the majority decided that it was inhumane for such individuals to never have the possibility of being released from prison.  This ruling will provide criminal lawyers new grounds to appeal in similar cases and hopefully any individual who has been unfairly sentenced for a crime committed as a juvenile will now have the chance to rectify their mistake and reenter into society.  Kids make mistakes, and they certainly do not deserve to be punished for their entire life for charges like robbery, burglary, or even assault where no irreparable bodily harm occurred.   As this Supreme Court ruling shows, justice in America is based on the values of our Founding Fathers, but is maintained and adapted to reflect new circumstances and the modern world.</p>
<p><a href="http://www.nytimes.com/2010/05/18/us/politics/18court.html" target="_blank">http://www.nytimes.com/2010/05/18/us/politics/18court.html</a></p>
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		<title>Chronic Truancy Leads to Criminal Charges</title>
		<link>http://www.criminalattorneyusa.com/blog/chronic-truancy/</link>
		<comments>http://www.criminalattorneyusa.com/blog/chronic-truancy/#comments</comments>
		<pubDate>Fri, 21 May 2010 19:23:18 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Truancy]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=245</guid>
		<description><![CDATA[Did you ever think that if your kids miss school it could be a crime?  Truancy is a crime and although it is the child who may be skipping school, it is the parent who faces the criminal charges.  It is the parents’ responsibility to make sure that their children attend school, and the parent [...]]]></description>
			<content:encoded><![CDATA[<p>Did you ever think that if your kids miss school it could be a crime?  Truancy is a crime and although it is the child who may be skipping school, it is the parent who faces the criminal charges.  It is the parents’ responsibility to make sure that their children attend school, and the<a href="http://www.criminalattorneyusa.com/criminal-defense-services.aspx" target="_blank"> parent who will be charged with truancy and face fines or jail time if their child becomes a chronic truant</a>.  But don’t worry, if charged with truancy, a criminal defense attorney can help to present your side of the story to the court and hopefully negotiate with the prosecutor and plead with the judge to dismiss all criminal charges.  An aggressive criminal lawyer knows that putting a parent in jail is detrimental to a child’s welfare and will show the difficult circumstances, such as illness, mental health, or family troubles that have kept your child from school. </p>
<p>School districts take a variety of approaches to combating truancy.  Some take the hardball approach.  For example, 38 parents have been charged with truancy in Jefferson County as part of the school districts campaign to reduce the number of absences.  In these cases the children of the parents charged were absent between 16 and 60 days of school in the last year.  If convicted of truancy these parents could be facing up to a year in jail and/or a $500 fine.  A criminal defense lawyer knows that these are serious charges to be facing.  As a hardworking parent you will not want any criminal charge on your record, no matter the severity of the crime.</p>
<p>A few school districts in New York are taking alternative action before truancy progresses to the level where criminal charges are filed and a criminal defense lawyer is involved.  Truancy Court is designed to address the problem of chronic absenteeism and make both the student and the parent responsible.  Truancy Court brings the truant child and their parents before a special judge who evaluates their progress on a regular basis and creates a program that they have to follow including after school programs that help with homework and goals for grades.  Thousands of school children in New York miss school every week in and the hope is that Truancy Court will offer a more positive solution to the large number of absences.   </p>
<p>Why is truancy a crime?  For one, schools receive part of their funding based on daily attendance, so every time your child skips school, that can mean one less book that the school can buy next year.  In addition, truancy is a precursor to other more serious crimes.  Children who are chronic truants are at much higher risk of being involved in more serious criminal behavior.  As a parent you never want the day to come when you are calling a criminal lawyer because your son/daughter has landed in jail.  So keep your kid in school and your record clear of truancy charges; it will be better for your future and the future of your child. </p>
<p><a href="http://www.nytimes.com/2010/04/28/nyregion/28truant.html" target="_blank">http://www.nytimes.com/2010/04/28/nyregion/28truant.html</a></p>
<p><a href="http://www.enquirer.com/editions/2004/09/08/loc_loc3truancy.html" target="_blank">http://www.enquirer.com/editions/2004/09/08/loc_loc3truancy.html</a></p>
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		<title>Alleged Victims of “Psychic” Fraud Should Have Known Better</title>
		<link>http://www.criminalattorneyusa.com/blog/alleged-victims-of-%e2%80%9cpsychic%e2%80%9d-fraud-should-have-known-better/</link>
		<comments>http://www.criminalattorneyusa.com/blog/alleged-victims-of-%e2%80%9cpsychic%e2%80%9d-fraud-should-have-known-better/#comments</comments>
		<pubDate>Tue, 18 May 2010 22:04:46 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Federal Crime]]></category>
		<category><![CDATA[Fraud]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=243</guid>
		<description><![CDATA[If a woman with a crystal ball told you to give her all your money, would you?  Well, people will forever be gullible, superstitious, and naïve and there will always be those who recognize these qualities as an opportunity for exploitation.  Nancy D. Marks, a Colorado Psychic, was arrested this week on charges of fraud [...]]]></description>
			<content:encoded><![CDATA[<p>If a woman with a crystal ball told you to give her all your money, would you?  Well, people will forever be gullible, superstitious, and naïve and there will always be those who recognize these qualities as an opportunity for exploitation.  Nancy D. Marks, a Colorado Psychic, was arrested this week on charges of fraud and theft for more than $200,000.  That is a lot of cash that Ms. Marks allegedly managed to bedazzle out of her clients.  Will a criminal defense attorney be able to magic Marks out of the fraud charges?  We could say only fate will tell, but more likely it will be a jury of her peers that will decide this psychics destiny and if she is guilty of the fraud charges against her.    </p>
<p>A criminal lawyer will have their work cut out for them in this case because the courts tend to be very tough on psychics charged with fraud.  Marks’ case is very similar to the famous “Miss Cleo” federal fraud case.  The companies behind the psychic personality “Miss Cleo,” have recently agreed to pay a settlement of $5 million and forgive an estimated $500 million in uncollected customer bills after being charged with fraud and unfair telemarketing practices.  In this case, callers would dial a toll free number that was advertised to connect them to Miss Cleo for psychic insight, but would then be told to dial another number that cost $4.99 per minute after the first three minutes to speak to another “psychic.”  The “psychics” employed were pressured to keep callers on the line as long as possible in order to achieve the greatest profit.  The federal defense attorneys defending these companies negotiated a settlement in which the companies<a href="http://www.criminalattorneyusa.com/fraud-attorney.aspx" target="_blank"> did not have to admit guilt to the fraud charges</a>, but it looks like business is over and it is time to close up shop on the Miss Cleo franchise. </p>
<p>So how do you tell the difference between a psychic and a schizophrenic?  Mental disorders such as depression and schizophrenia, especially coupled with substance abuse, can lead people to criminal behavior.  The criminal attorney defending Marks will certainly take into account her mental condition and the possibility that she suffers from a psychotic disorder such as schizophrenia.  It certainly appears that Marks, who has used multiple aliases and may have multiple personalities, could be a schizophrenic.  In addition, the fraud allegations against Marks may have no grounds whatsoever once the evidence is evaluated by a skilled criminal defense attorney.  For example, it appears that Marks did not promise her clients anything that she did not deliver and therefore did not commit any form of fraud.  She counseled clients to give her money so that she could cleanse her clients of the bad energy their money was holding.  The alleged victims claim that Marks promised they would receive all the money back.  However, if there is no record of such an agreement than a criminal defense attorney could argue that the alleged victims knowingly paid for Marks’ psychic and spiritual services.  Since the promised result of “better energy” is difficult to quantify than it is impossible to say if Marks has rendered the promised services that she took payment for. </p>
<p><a href="http://www.thedenverchannel.com/news/23523772/detail.html" target="_blank">http://www.thedenverchannel.com/news/23523772/detail.html</a></p>
<p><a href="http://articles.latimes.com/2002/nov/15/business/fi-cleo15" target="_blank">http://articles.latimes.com/2002/nov/15/business/fi-cleo15</a></p>
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		<title>Teacher Acquitted of Child Molestation and Sexual Assault Charges</title>
		<link>http://www.criminalattorneyusa.com/blog/teacher-acquitted-of-child-molestation-and-sexual-assault/</link>
		<comments>http://www.criminalattorneyusa.com/blog/teacher-acquitted-of-child-molestation-and-sexual-assault/#comments</comments>
		<pubDate>Tue, 18 May 2010 19:44:35 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Child Abuse]]></category>
		<category><![CDATA[Child Molestation]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Sex Crimes]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=240</guid>
		<description><![CDATA[What would have been Tonya Crafts fate if she had not been represented by an aggressive criminal defense attorney?  She would have likely been convicted on charges of child molestation, sexual battery, and aggravated child molestation.   She would have been possibly sentenced to life in prison.  Instead, her molestation lawyer has undoubtedly proven her innocent [...]]]></description>
			<content:encoded><![CDATA[<p>What would have been Tonya Crafts fate if she had not been represented by an aggressive criminal defense attorney?  She would have likely been convicted on <a href="http://www.criminalattorneyusa.com/sex-crimes-lawyers.aspx" target="_blank">charges of child molestation, sexual battery, and aggravated child molestation</a>.   She would have been possibly sentenced to life in prison.  Instead, her molestation lawyer has undoubtedly proven her innocent and Crafts has been acquitted of all twenty-two counts against her.  The trial has been a life-changing ordeal, and the task before Crafts now is to rebuild her life and her family.  As a result of the child molestation and sexual assault allegations, Craft lost her job, custody of her daughters, and had to move to a different part of the state.  At least due to the work of her criminal lawyer, she will not be wrongfully charged as a serial child molester and spend the rest of her life behind bars.</p>
<p>Craft, a kindergarten teacher in Georgia, was accused of sex crimes against two of her students and her own daughter.  Allegation spun out of control and ended in a two year trial that concluded this week.  Craft’s criminal defense attorney showed the jury that the child molestation charges against Craft were absolutely false and based on faulty evidence.  The criminal lawyer uncovered the conflicting details of the alleged victims’ testimony and showed that the school parents had manipulated their children to falsely accuse Craft.  Craft’s criminal defense attorney also argued that there was no proof that the three girls had been sexually abused, further negating the sex crimes charges against her. </p>
<p>Like many sex crime allegations, the child molestation and sexual assault charges against Craft were not true.  If it hadn’t been for a skilled sex crimes lawyer, this mother would have permanently lost her children and would have possibly been convicted of a crime she did not commit.  Imagine being a parent falsely accused of harming your own child.  It would be a devastating experience that would make you lose all faith in the legal system.  Thank goodness Craft’s criminal defense attorney was able to find justice. </p>
<p><a href="http://www.aolnews.com/crime/article/georgia-elementary-school-teacher-tonya-craft-found-not-guilty-of-child-molestation/19473521" target="_blank">http://www.aolnews.com/crime/article/georgia-elementary-school-teacher-tonya-craft-found-not-guilty-of-child-molestation/19473521</a></p>
<p><a href="http://www.cbsnews.com/8301-504083_162-20004832-504083.html" target="_blank">http://www.cbsnews.com/8301-504083_162-20004832-504083.html</a></p>
<p><a href="http://today.msnbc.msn.com/id/37094566/ns/us_news-crime_and_courts/" target="_blank">http://today.msnbc.msn.com/id/37094566/ns/us_news-crime_and_courts/</a></p>
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		<title>Man Charged with Assault for Branding Children</title>
		<link>http://www.criminalattorneyusa.com/blog/assault-for-branding-children/</link>
		<comments>http://www.criminalattorneyusa.com/blog/assault-for-branding-children/#comments</comments>
		<pubDate>Tue, 18 May 2010 19:27:08 +0000</pubDate>
		<dc:creator>TeraniLawFirm</dc:creator>
				<category><![CDATA[Assault]]></category>
		<category><![CDATA[Child Abuse]]></category>
		<category><![CDATA[Criminal Defense]]></category>
		<category><![CDATA[Criminal Justice]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.criminalattorneyusa.com/blog/?p=237</guid>
		<description><![CDATA[A Port Angeles man has been charged with assault for branding his children with “SK” signifying Seamonds’ Kids.  Prosecutors will try to portray this man as a deranged and fanatical child abuser that deserves time behind bars.  The newspapers have already helped to perpetuate this interpretation by using highly charged phrases such as “branding his [...]]]></description>
			<content:encoded><![CDATA[<p>A Port Angeles man has been charged with assault for branding his children with “SK” signifying Seamonds’ Kids.  Prosecutors will try to portray this man as a deranged and fanatical child abuser that deserves time behind bars.  The newspapers have already helped to perpetuate this interpretation by using highly charged phrases such as “branding his children like cattle.”  Let’s take a look at how a criminal defense attorney will break through the allegations and show the court the whole story and why the father deserves to be <a href="http://www.criminalattorneyusa.com/child-abuse.aspx" target="_blank">acquitted of all child abuse charges</a>. </p>
<p>First, there are many loopholes in the allegations against the alleged perpetrator, Mark Seamonds, that a criminal defense lawyer will use to fight to dismiss the assault charges.  All three children bear the brand, but Seamonds is only being charged with assault against his two underage sons.  He will not be charged for child abuse against his daughter because she is over the age of consent.  Branding is much like other forms of body art such as tattooing, piercing, and scarification which are practiced by people all around the world for religious, social, and personal reasons.  In the US, when an individual is under the legal age of consent but wants to get a tattoo or a piercing, all they need is the consent of the legal guardian.  Since Mark Seamonds is the legal guardian, an assault lawyer could argue that if the children wanted the brand, and Seamonds consented as their father, than this form of body art, albeit unusual, was not illegal in any way.  This argument will likely be supported by the two children who are going to testify in defense of their father because they are “proud of their brands.”  Seamonds himself has a brand which strengthens the claim that that branding in this family is a tradition, not a cruel punishment.</p>
<p>As any criminal defense attorney knows, who are we to judge another person’s habits and preferences?  Everyone has quirks.  As the saying goes, “to each his own”.  The prosecution could argue that Seamonds deserves to be charged with assault because the brands were probably painful and caused irreparable damage to his children’s bodies.  However, this argument again can be refuted by a well crafted defense.  Many forms of body art are painful.  Just ask anyone who has gotten a tattoo.  Likewise, most body art changes the body permanently.  Take “plugs” for example, those huge earrings that people put in their ears that make giant holes in the lobe.  The ear never recovers from the piercing, and if people ever take out their plugs they are left with an enormous gap in their ear that is quite startling to the unsuspecting viewer.  Body art is a form of self expression and identification, and many forms of self expression appear strange to an outsider because they do not understand the significance.  If the Seamonds family decided to mark their bodies to show family unity, a criminal attorney can argue it is not assault, it is freedom of expression.  Even if the children do not like their brands now, all the criminal defense attorney needs to show is that they were not against the idea of receiving the brand at the time.  Many people get body art that they later regret.  For example, think of all of the men who have to remove the name of their former girlfriend off their bicep.  Retrospect is not a reason to press charges for assault; it is what tattoo removal or corrective surgery is for. </p>
<p><a href="http://www.msnbc.msn.com/id/37106841/ns/business/" target="_blank">http://www.msnbc.msn.com/id/37106841/ns/business/</a></p>
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