News Archives - Stobbs Law Offices

News

Introducing Your Guide to Clearing Charges in Illinois

Tuesday, April 23rd, 2024

I’m excited to share our new comprehensive guide on expungement in Illinois! This guide is designed to help you understand what goes into clearing charges from your record in Edwardsville and across the state of Illinois. Whether you’re seeking to erase a past mistake or simply curious about the process, this guide has everything you need. Click here to read the guide.

Posted in Illinois Law, News | No Comments »

Understanding White Collar Crime: Key Insights

Wednesday, March 20th, 2024

White Collar Crimes - Key Insights

Key Highlights

White collar crimes are non-violent criminal offenses committed by individuals or organizations in professional or business environments.
These crimes can include fraud, embezzlement, insider trading, and money laundering.
White collar crimes have far-reaching impacts, including financial losses, erosion of trust, distortion of market competition, and social inequality.
Famous examples of white collar crimes include the Enron scandal and the Bernie Madoff Ponzi scheme.
Understanding white collar crimes is essential for preventing and combating these offenses.
Effective regulations, education, and awareness can help mitigate the occurrence and effects of white collar crimes.

Introduction

White collar crimes are a significant concern in modern society. These non-violent criminal offenses, committed by individuals or organizations in professional or business environments, can have far-reaching impacts on individuals, corporations, and economies. Understanding white collar crimes is essential for preventing and combating these offenses.

White collar crimes encompass a wide range of fraudulent activities, including fraud, embezzlement, insider trading, and money laundering. These crimes are often characterized by deceit, breach of trust, or concealment rather than physical force. White collar criminals are usually individuals in positions of power or influence, who take advantage of their professional roles for personal gain.

The consequences of white collar crimes can be devastating. Victims may suffer significant financial losses, companies may face bankruptcy, and economies may experience instability. The erosion of trust in economic and political institutions, the distortion of market competition, and the exacerbation of social inequality are additional impacts of these crimes.

To effectively prevent and combat white collar crimes, it is crucial to have effective regulations, education, and awareness. By understanding the nature of these crimes, their impact, and the mechanisms behind them, individuals and organizations can take steps to protect themselves and contribute to a safer and fairer society.

Defining White Collar Crime

White collar crime is a term used to describe non-violent criminal offenses committed by individuals or organizations in professional or business environments. These crimes typically involve deceit, breach of trust, or concealment rather than physical force. The term “white collar crime” was first used by sociologist Edwin Sutherland in 1939 to draw attention to the types of crimes committed by individuals of high social status.

Researchers approach white collar crime from three angles: the type of offender, the type of crime, and organizational culture. The type of offender often includes individuals with higher socio-economic status, such as business or government professionals. The type of crime is economic in nature, involving financial fraud or deception. Organizational culture refers to offenses committed within a business or network, including corporate crimes like environmental law or health and safety violations.

The Federal Bureau of Investigation (FBI) defines white collar crime as “illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence.” These crimes are often motivated by financial gain, and individuals who commit white collar crimes are typically white men from middle-class backgrounds with at least some higher education. They are often employed, married, and have religious and community affiliations.

White collar crimes can occur at both the federal and state levels. Federal agencies like the FBI, the Internal Revenue Service (IRS), and the Securities and Exchange Commission (SEC) investigate and prosecute these crimes, especially when they involve interstate commerce or the banking industry. State and local law enforcement also play a role in investigating and pursuing white collar crimes that occur within their jurisdiction.

The Evolution and Scope of White Collar Crimes

White collar crimes have evolved and expanded over the years, with new types of crimes emerging as technology advances. Securities fraud, insider trading, and money laundering are among the most common types of white collar crimes.

Securities fraud involves deceptive practices in the stock market or other investment markets. This can include false or misleading statements, insider trading, or manipulating stock prices. Insider trading occurs when someone with inside information about a company trades on that information for personal profit, often at the expense of other investors. Money laundering is the process of making illegally obtained money appear legitimate through a series of transactions.

With the increasing reliance on technology, white collar crimes have also taken on new forms. Computer crimes, such as hacking, identity theft, and cyber fraud, have become prevalent in the digital age. These crimes often involve the use of technology to gain unauthorized access to sensitive information or financial resources.

The scope of white collar crimes is vast and can encompass a wide range of illegal activities. From corporate fraud to healthcare fraud, these crimes can have significant financial and societal impacts. It is essential for individuals and organizations to stay informed about the evolving nature of white collar crimes and take proactive measures to protect themselves from becoming victims.

Common Types and Examples of White Collar Crime

White collar crimes encompass a wide range of fraudulent activities. Here are some common types of white collar crimes:

Identity theft: This involves the unauthorized use of someone else’s personal information to commit fraud or other criminal activities.
Mortgage fraud: This occurs when individuals or organizations deceive lenders by providing false information in order to obtain a mortgage loan.
Tax evasion: This involves intentionally avoiding paying taxes owed to the government by falsifying tax returns or concealing income.
Ponzi scheme: A Ponzi scheme is an investment fraud in which early investors are paid with funds from later investors, rather than from actual profits.

These are just a few examples of white collar crimes, and new types of crimes continue to emerge as technology advances and criminals find new ways to exploit vulnerabilities. It is important for individuals and organizations to be aware of these crimes and take necessary precautions to avoid becoming victims.

The Mechanisms of White Collar Crime

White collar crimes are typically committed through illegal activities that aim to achieve financial gain. These crimes often involve deceit, concealment, or violation of trust. The mechanisms behind white collar crimes vary depending on the specific type of crime. For example, securities fraud may involve false or misleading statements, while money laundering may involve a series of transactions to make illegally obtained money appear legitimate. Understanding how white collar crimes are committed is crucial for prevention, detection, and prosecution.

How White Collar Crimes are Committed

White collar crimes can be committed through a variety of illegal activities that aim to achieve financial gain. These crimes often involve deceit, concealment, or violation of trust. Some common ways white collar crimes are committed include:

Fraud: This can include misrepresenting financial records, forging documents, or engaging in other deceptive practices to obtain money or property illegally.
Embezzlement: This involves misappropriating funds or assets entrusted to an individual, often in a professional or business setting.
Public corruption: This refers to the abuse of power by government officials for personal gain, such as accepting bribes or engaging in nepotism.
Money laundering: This is the process of making illegally obtained money appear legitimate through a series of transactions.

These are just a few examples of how white collar crimes are committed. The methods used can vary depending on the specific type of crime and the ingenuity of the perpetrator. Detecting and prosecuting white collar crimes often requires expertise in financial investigations and the use of advanced technology.

The Role of Technology in Facilitating White Collar Crimes

Technology has played a significant role in facilitating white collar crimes. The advent of the internet and digital communication has provided new opportunities for criminals to exploit vulnerabilities and commit fraudulent activities.

Computer crimes, such as hacking, identity theft, and cyber fraud, have become prevalent in the digital age. Criminals can use technology to gain unauthorized access to sensitive information, steal personal identities, and carry out financial fraud. The increasing complexity and interconnectedness of digital systems have made it easier for criminals to exploit loopholes and evade detection.

Law enforcement agencies, such as the Federal Bureau of Investigation (FBI) and the Securities and Exchange Commission (SEC), have recognized the importance of technology in combating white collar crimes. They have developed specialized units and advanced tools to investigate and prosecute these crimes. However, as technology continues to evolve, so do the methods used by criminals. Staying ahead of the curve and continuously adapting investigative techniques and regulations are essential in combating white collar crimes.

A Beginner’s Guide to Navigating White Collar Crime Defense

Navigating the complexities of white collar crime defense can be challenging for individuals facing criminal charges. Understanding your rights, the legal process, and the steps to take can help ensure a strong defense. Consulting with an experienced criminal defense attorney is crucial for obtaining the necessary guidance and representation. This guide will provide an overview of the key considerations and steps involved in navigating white collar crime defense.

Understanding Your Rights and the Legal Process

When facing white collar crime charges, it is essential to understand your rights and the legal process. This understanding can help you make informed decisions and protect your interests. Key considerations include:

Right to legal advice: You have the right to consult with an attorney to ensure your rights are protected throughout the legal process.
Criminal justice system: Familiarize yourself with the criminal justice system, including the roles of law enforcement, courts, and legal professionals.
Criminal courts: Understand the procedures and rules followed in criminal courts, including the different stages of a criminal case.
Legal advice: Seek legal advice from an experienced criminal defense attorney who specializes in white collar crimes to develop a strong defense strategy.

Navigating the legal process can be complex, especially in white collar crime cases. Working with a knowledgeable attorney can help you navigate the system effectively and increase your chances of a favorable outcome.

What You Need to Get Started

When facing white collar crime charges, there are several key steps to take. These include:

Seeking legal advice: Contact an experienced criminal defense attorney who specializes in white collar crimes to assess your case and develop a defense strategy.
Gathering relevant documents: Collect any documents or evidence related to your case, such as financial records, emails, or contracts.
Cooperating with your attorney: Provide your attorney with all the necessary information and cooperate fully throughout the legal process.
Understanding the charges: Familiarize yourself with the specific charges against you and the potential penalties you may face.
Considering plea negotiations: Explore the possibility of plea negotiations with the prosecution, which can result in reduced charges or penalties.

By taking these steps and working closely with your attorney, you can be better prepared to navigate the white collar crime defense process effectively.

Step 1: Identifying a White Collar Crime

The first step in navigating white collar crime defense is identifying the specific crime you are being charged with. White collar crimes can encompass a wide range of illegal activities, such as corporate fraud, health care fraud, or real estate fraud. Understanding the specific charges against you is crucial for developing a strong defense strategy.

Work closely with your attorney to review the evidence and determine the elements of the crime you are being accused of. This analysis will help identify any weaknesses in the prosecution’s case and allow your attorney to build a solid defense strategy. Remember, each white collar crime has its own unique elements and defenses, so it is essential to tailor your defense approach accordingly.

Step 2: Seeking Legal Advice

Once you have identified the specific white collar crime you are being charged with, it is crucial to seek legal advice from an experienced criminal defense attorney. White collar crimes are complex, and navigating the legal process requires expertise in this area of law.

An attorney specializing in white collar crime defense will have the knowledge and experience to assess your case, identify potential defenses, and guide you through the legal process. They will help you understand your rights, the charges against you, and the potential penalties you may face.

When choosing an attorney, look for someone with a track record of success in handling white collar crime cases. Schedule a consultation to discuss your case and ask any questions you may have. By working closely with an attorney, you can ensure that your rights are protected and that you have the best possible defense strategy.

Step 3: Collecting and Preserving Evidence

Collecting and preserving evidence is crucial in white collar crime defense. Your attorney will work with you to gather any relevant documents, records, or other evidence that can support your defense.

This may include financial records, emails, contracts, or any other documentation that may demonstrate your innocence or cast doubt on the prosecution’s case. It is important to provide your attorney with all the necessary information and cooperate fully in the evidence-gathering process.

Preserving evidence is equally important. This involves taking steps to ensure that relevant evidence is not lost, destroyed, or tampered with. Your attorney will guide you on how to preserve evidence effectively, which may include making copies, securing original documents, or taking other necessary precautions.

By collecting and preserving evidence, you and your attorney can build a strong defense strategy that challenges the prosecution’s case and protects your rights.

Step 4: Understanding the Charges and Possible Defenses

Understanding the specific charges against you and the possible defenses is essential in white collar crime defense. Your attorney will explain the elements of the crime you are being accused of and the potential penalties you may face if convicted.

Based on this understanding, your attorney will develop a defense strategy tailored to your case. Possible defenses in white collar crime cases may include:

Lack of intent: Arguing that you did not have the intent to commit the crime.
Insufficient evidence: Challenging the prosecution’s evidence and arguing that it does not prove your guilt beyond a reasonable doubt.
Entrapment: If you can demonstrate that you were induced or coerced into committing the crime by law enforcement.
Mistaken identity: If you can show that you were wrongly identified as the perpetrator of the crime.

Your attorney will assess the strengths and weaknesses of the prosecution’s case and determine the most effective defense strategy for your situation.

The Impact of White Collar Crime

White collar crimes have a significant impact on both the economy and individuals. Understanding the consequences of these crimes is crucial for preventing and combating them effectively.

On the Economy and Society

White collar crimes can have a profound impact on the economy and society as a whole. These crimes can destabilize financial markets, erode investor confidence, and even contribute to economic recessions. The Enron scandal and the Bernie Madoff Ponzi scheme are prime examples of how white collar crimes can cause widespread financial devastation.

The impact of white collar crimes extends beyond the financial realm. Victims of these crimes can suffer significant financial losses, leading to personal and emotional distress. Additionally, these crimes can erode trust in economic and political institutions, contribute to social inequality, and undermine the overall fabric of society.

Preventing and combating white collar crimes requires effective regulations, education, and awareness. By understanding the impact of these crimes, individuals and organizations can take proactive measures to protect themselves and contribute to a safer and fairer society.

On the Victims

White collar crimes can have devastating effects on the victims involved. Individuals who fall victim to investment fraud, identity theft, or other white collar crimes can suffer significant financial losses, sometimes losing their life savings or facing bankruptcy. These crimes can cause immense emotional distress and can take years to recover from.

Insurance fraud is another common white collar crime that directly impacts individuals. Policyholders who fall victim to insurance fraud may face increased insurance premiums and difficulty in obtaining coverage in the future. In some cases, individuals may be left without the coverage they need in times of crisis, putting their well-being at risk.

It is important to recognize the impact of white collar crimes on victims and to provide support and resources to help them recover. Additionally, efforts should be made to prevent these crimes through education, awareness, and effective regulations.

Preventative Measures Against White Collar Crime

Taking preventative measures against white collar crime is crucial for individuals and organizations. By implementing strategies and safeguards, the risk of falling victim to these crimes can be reduced.

Individual and Organizational Strategies

Both individuals and organizations can take proactive steps to prevent white collar crimes. Some key strategies include:

Awareness and education: Stay informed about the latest white collar crime trends and techniques. Educate yourself and your employees about the risks and warning signs of these crimes.
Internal controls: Implement internal controls and checks and balances to prevent fraud and other illegal activities within your organization.
Compliance programs: Develop and enforce compliance programs that promote ethical behavior and provide guidelines for employees to follow.
Whistleblower programs: Establish mechanisms for employees to anonymously report suspected wrongdoing within the organization.
Regular audits: Conduct regular audits to identify any irregularities or potential red flags.

By incorporating these strategies into daily practices, individuals and organizations can create a culture of transparency, integrity, and accountability, reducing the risk of falling victim to white collar crimes.

Conclusion

White collar crime is a complex issue that impacts individuals, businesses, and society at large. Understanding the evolution, types, and mechanisms of white collar crimes is crucial in navigating this realm. By recognizing your rights and seeking legal advice early on, you can better defend against potential charges. Preserving evidence and comprehending possible defenses are key steps in this process. The impact of white collar crime extends beyond monetary losses, affecting both the economy and victims. Preventative measures, whether at an individual, organizational, or governmental level, are essential in combatting these offenses. Stay informed and proactive to protect yourself and others from the repercussions of white collar crime.

Frequently Asked Questions

What Constitutes a White Collar Crime?

White collar crimes are illegal acts characterized by deceit, concealment, or violation of trust that are committed by individuals or organizations in professional or business environments. These crimes are typically motivated by financial gain and do not involve physical force or violence.

What’s the different between state and federal white collar crime?

State white collar crimes are prosecuted under state law, involving offenses within a specific state jurisdiction. Federal white collar crimes fall under federal law and involve offenses that cross state lines or impact interstate commerce. The key difference lies in the level of government overseeing the investigation and prosecution.

Posted in News, White Collar Crimes | Comments Off on Understanding White Collar Crime: Key Insights

The Impact of the Pretrial Fairness Act and SAFE-T Act in Criminal Defense in Edwardsville, IL and the broader Madison County Area

Friday, February 23rd, 2024

The Pretrial Fairness Act, which is part of the Safety, Accountability, Fairness and Equity-Today Act, commonly known as the SAFE-T Act, will completely end the use of money bond and transform Illinois’ pretrial decision-making process throughout the whole state including Edwardsville, IL within Madison County.

In the prior system, judges set an amount of “cash bail” or “money bond” for detained individuals. Detainees could be released prior to a trial if they paid the amount of bail. In the new system, the role of cash payments will be eliminated and judges will determine whether detained individuals pose a risk if released. Pretrial release can be denied by a judge after a hearing, “when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight.”

While the elimination of cash bond seems like a win for individuals charged with crimes, the reality is that prosecutors have learned to use the language of the Act to their advantage. Under the Pretrial Fairness Act, the State must now meet a higher burden of proof before the Court can find that someone should remain detained pretrial. Unwary criminal defense attorneys do not know the intricacies of the Act to require the State to meet its high burden, and as a result their clients are detained pre-trial.

Before requesting pretrial release under the Pretrial Fairness Act, an analysis needs to be done to ensure that that the Defendant is released. First and foremost, a determination needs to be made regarding as to whether or not the charge is a detention eligible offense based on safety concerns.

Which crimes are eligible for denial of release after a first arrest?

Some felonies and a small number of misdemeanors are eligible for denial of release after a first arrest if the state proves that the arrested person poses a “real and present threat to any person or persons or the community, based on the specific, articulable facts of the case.” These charges are:

1. All forcible felonies, as defined in 110-6.1: “treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, burglary where there is use of force against another person, residential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement or any other felony which involves the threat of or infliction of great bodily harm or permanent disability or disfigurement;”
2. All non-probationable, non-forcible felonies (the most common are drug sales that involve large quantities of drugs or that happen near a school, church, or other protected place, and repeated DUIs.);
3. Stalking and Aggravated Stalking;
4. Violations of Orders of Protection, Civil No Contact Orders, or Stalking No Contact Orders;
5. Domestic Battery and Aggravated Domestic Battery;
6. All sex crimes (including all forms of criminal sexual assault, criminal sexual abuse, child pornography related charges, and various charges relating to sexual misconduct with children and human trafficking);
7. An additional enumerated list of offenses, which include:
  1. Discharge of a firearm (both aggravated discharge and reckless discharge);
  2. Offenses related to gun sales and purchases, as well as non-probationable gun possession charges;
  3. Human trafficking and involuntary servitude;
  4. Reckless homicide and involuntary manslaughter;
  5. Child abduction;
  6. Felony child endangerment;
  7. Hate crimes;
  8. Aggravated unlawful restraint;
  9. Threatening a public official;
  10. Felony animal cruelty and torture charges;
  11. Aggravated battery with a deadly weapon;
  12. DUI in various circumstances (when there is great bodily harm or death, when the accused is driving a school bus, when the accused has a previous reckless homicide conviction, and when there is bodily harm to a child); and
8. Attempts to commit any of the above offenses.

It is critical to keep in mind that detention-eligible does not mean detained. If the prosecutor wants to jail someone, the following steps occur:

The prosecutor must file a written petition stating what threat the person poses or why they believe the person is highly likely to intentionally evade prosecution, and formally request a detention hearing;
The judge may hold the hearing immediately or grant up to a 48 hour continuance for both sides to prepare for this hearing (24 hours for class 4 felonies and misdemeanors). The arrested person can be held or released during this time as decided by the judge; and
The state must succeed at the detention hearing, and meet the standards for detention.

Frequently Asked Questions about the Pretrial Fairness Act

Will the police still be allowed to arrest people?

Yes. Police will still make the decision about who to arrest if they suspect someone of breaking the law. For many low-level charges or in situations where a person isn’t posing an obvious threat to themselves or anyone around them, police will issue tickets instead of taking people into police custody. Rather than having to pay a fee like you would for a parking ticket, these tickets will have a court date on them requiring you to appear in court on that day in front of a judge.

What will happen if I miss a court date?

If you miss a court date, a judge can either let you know that you missed court by sending you a notice or they can issue a warrant for your arrest. If you receive a notice saying you have missed a court date, it is important to resolve the issue as soon as possible to avoid having a warrant issued for your arrest.

If I get arrested, could I still be jailed while awaiting trial?

Yes. Judges will still be able to jail people when they are charged with serious crimes and are found to pose a threat to another person or the community or if they believe a person is likely to flee prosecution. Most people will be released and no one will have to pay a money bond to be released from jail.

What will happen if I’m arrested again after I’ve been released pretrial for a different charge?

If you are arrested for a new charge while you are already on pretrial release, you can be temporarily jailed. A judge will hold a hearing to decide if you will be jailed until trial or released.

Could I be arrested for violating the terms of Electronic Monitoring?

Yes. Whenever someone violates the terms of their electronic monitoring, a judge can review the violation and decide on a response, including up to 30 days in jail. Additionally, if someone removes or damages their electronic monitoring device or tries to flee the jurisdiction, they could be charged with a felony called “escape” from electronic monitoring. If you must leave your home while on electronic monitoring, it’s important to talk with your lawyer about how to get permission in advance.

What will happen if I violate the rules a judge sets for me before trial?

If you violate the rules a judge sets for you before trial, there may be a hearing to determine what the consequence will be for breaking those rules. That consequence can be a warning, a change in the rules of your release, or up to 30 days in jail. If you are rearrested for a new case before trial, you may be jailed until your trial.

Additional Resources

The Seven Essential Elements of the Pretrial Fairness Act (PDF Download)

Sample Motion (PDF Download)

Posted in Illinois Law, News | Comments Off on The Impact of the Pretrial Fairness Act and SAFE-T Act in Criminal Defense in Edwardsville, IL and the broader Madison County Area

The 6 Worst Mistakes You Can Make Hiring a Defense Attorney

Tuesday, October 13th, 2015

Just as I refer someone to an attorney who specializes in an area of law I am not comfortable in, most of my clients come through referrals by other attorneys who, in part because of my reputation for excellence in criminal law, recommend that the prospective client contact me.

Other times a client finds me by searching the internet, making an appointment with me, and comparing me to other attorneys who they have also found on the internet.

In the 30 years that I have been an attorney, I have seen firsthand the mistakes that clients routinely make when deciding who they should hire to represent them or their loved ones who are charged with crimes.

The majority of prospective clients have never been in trouble before and don’t have a grasp of the criminal justice system. Their nervousness about “being in trouble” leads them to choose an attorney who generally is overworked and unable to focus on their specific case.

Over time, I have seen prospective clients choose the wrong attorney for the wrong reason. Oftentimes, a client will decline to retain me, only to return six months later telling me that exactly what I had originally said is coming to pass. There are general “themes” when the client returns to my office and what follows are the 6 most common “themes” that seem to happen.

1. Hiring a Defense Attorney Who Lacks Specific Experience in Your Case Type

The first thing someone should do when looking to hire a criminal defense attorney is research the crime with which the person is charged. For example if someone federal drug conspiracies. Experience does not simply mean an attorney who has a volume practice where they process the client through the criminal justice system. Experience means someone who has earned the respect of the Government by fighting for their clients by way of going to trial or through filing pretrial motions. Like anything else in life, respect is the greatest asset anyone can have.

2. Not Asking Hard Questions

After researching the crime, make an appointment with 3 or 4 attorneys. Do not be afraid to ask hard questions. You are hiring someone who will literally have your life in their hands.

3. Allowing Disorganization

When you interview an attorney, see what kind of office they have. It is easy to make promises on the telephone or during the first interview. But, if you have to wait to meet with the attorney that is a bad sign. Similarly, if their desk is full of papers it shows that the attorney is not going to be focused on your case.

4. Be Wary of an Attorney Advising You to Plead Guilty Early in Your Relationship

If during the first appointment, the attorney discusses pleading “guilty” that is a warning because the attorney should know very little about your case. Discussing pleading guilty without having any idea of the facts involved or possible defenses shows that the attorney ultimately will be more interested in having you plead “guilty.” It is similar to a brain surgeon diagnosing you with brain cancer during the first appointment without doing any tests.

5. Not Doing Your Due Diligence on Previous Cases

Ask questions about the number of federal criminal trials the attorney has had in the past year or five years. Get the names of the cases so that you can look them up. Get the names of former clients you can call to see whether the attorney will actually fight for you. It is an indication that a lawyer will not fight hard for you if they never go to trial. Similarly, getting an idea of how hard they worked for former clients is indicative of the type of relationship the attorney has with their clients.

6. You Get What You Pay For

The issue of fees is something that goes into hiring an attorney. Unfortunately, the reality of life is that the better the attorney, the more it will cost. Volume attorneys are cheaper than quality attorneys and you need to accept that a good federal criminal attorney will be more expensive. If you are comfortable with a particular attorney, do whatever you possibly can to hire that attorney. Otherwise, you generally will end up with someone who you will never feel is doing a good job for you.

Posted in News | Comments Off on The 6 Worst Mistakes You Can Make Hiring a Defense Attorney

Federal Law Regarding ACLU v. Clapper, No. 14-42-CV (2d Cir. May 7, 2015)

Wednesday, May 20th, 2015

The Second Circuit saved itself some trouble in their May 7 decision, ACLU v. Clapper. Faced with a challenge to the NSA’s bulk phone metadata collection program, the federal appeals court determined the practice exceeded the scope of the Foreign Intelligence Surveillance Act, particularly Section 215 of PATRIOT Act amendments.

For now, Section 215 allows the FBI or NSA to obtain “any tangible item” relevant to an authorized investigation, but the provision expires June 1. Because the vast majority of these records do not relate to any particular investigation, the NSA has been enjoined from continuing these mass sweeps of American’s information. In doing so, the court obviated the need to address Fourth Amendment claims raised against NSA. As such, the case does not seem to have much impact at first glance.

Interestingly though, the court took its time to appreciate the “daunting” task of addressing these issues. While the NSA denies recording actual phone conversations, the information they obtain through metadata collection implicates significant privacy concerns. Who you call and when, intuitively serve as “proxies” for recorded voice content.

The second circuit also offers a hint as to how they might analyze similar Fourth Amendment claims in the future. Since the landmark case, Katz v. United States, the “reasonableness” of societal privacy interests have become intrinsically interwoven into Fourth Amendment Jurisprudence. Previously, the law could only account for physical invasions and stood unprepared for modern, electronic investigative tactics.

This opinion seems to suggest that congress itself could make determinations of reasonableness. The case states, “endorsement of the Legislative Branch of government provides some degree of comfort in the face of concerns about the reasonableness.” Congress could not escape the Fourth Amendment completely, but the court says it will give weight such legislative evaluations of reasonableness.

The notion of legislatively constructed “reasonableness,” suggests the such sweeping searches might withstand Fourth Amendment challenges in the Second Circuit so long as statutes provide for them. Should Congress amend and extend the PATRIOT Act this June to account for Clapper, American courts may soon encounter another watershed moment for Fourth Amendment. Stay tuned.

SOURCES:

ACLU v. Clapper, No. 14-42-CV (2d Cir. May 7, 2015) available at http://www.ca2.uscourts.gov/decisions/isysquery/773a98db-d41d-4db8-95aa-182f994923b5/1/doc/14-42_complete_opn.pdf.

Orin Kerr, Second Circuit Rules, Mostly Symbolically, That Current Text of Section 215 Doesn’t Authorize Bulk Surveillance WASHINGTON POST, May 7, 2015.

Posted in Federal Law, News | Comments Off on Federal Law Regarding ACLU v. Clapper, No. 14-42-CV (2d Cir. May 7, 2015)

Rodriguez v. United States Analysis by Edwardsville Criminal Defense Attorney, John Stobbs

Thursday, May 7th, 2015

Recent events have forced our society to confront unpleasant realities with respect to law enforcement. In light of numerous recent police controversies, the public’s faith in those who “serve and protect” has faded substantially. Only two days after Freddy Gray’s suspicious death in police custody, the Supreme Court issued its decision in Rodriguez v. United States. The case represents a significant, but incomplete, victory for those fighting against the abuse of police power. Tensions between police and communities have permeated throughout the Supreme Court’s most recent term. Slate writer Mark Joseph Stern opined that Rodriguez signifies a change of perspective attributable to fallout from Michael Brown’s death in Ferguson.

On March 27, 2012, Nebraska K-9 Officer Morgan Struble pulled over Dennys Rodriguez after observing his SUV veer momentarily onto the shoulder. Struble then inspected Rodriguez’s license and registration, checked for outstanding warrants, and issued a written warning. Vexingly, the officer refused to allow Rodriguez to leave despite issuing him a ticket and returning all his documents. Instead, Struble waited for a second officer to arrive at the scene before having a police dog sniff the car for drugs.

The Eight Circuit Court and Supreme Court Clash

Seven or eight minutes passed from the issuance of the ticket and dog’s alert. After the Eighth Circuit affirmed the conviction, the Supreme Court reversed. The ruling, described most generally, precludes police officers from extending a traffic stop longer than necessary to address the traffic issues at hand and “negligably burdensome” safety precautions. Once the police hand you a ticket, they must let you leave. The ruling seems straight forward enough, but concerns remain regarding the practical enforcement of such a restriction and its ramifications for further cases.

A close look at Justice Ginsburg’s opinion for the Court’s 6-3 majority reveals some interesting questions about the interplay of timing and the interests served by a traffic stop. Routine car stops necessarily entail certain activities related to the enforcement of traffic laws. The Court expressly notes checks of registration, insurance, licenses, and outstanding warrants as acceptable police activities. Additionally, police may undertake certain safety precautions which otherwise do not advance the interest of the stop. The opinion unequivocally states, police seizures remain lawful “so long as [unrelated] inquiries do not measurably extend the duration of the stop.” The opinion also makes clear that officers cannot drag their feet while conducting permissible activities because authority for the seizure ends “when tasks tied to the traffic infraction are—or reasonably should have been—completed.”

Rodrigues vs. United States Provides Guidance for Police Conduct

The critical inquiry for future cases lies in the nature of police conduct: was the officer advancing goals related to the “mission” of the stop or reasonable safety interests and, if not, did these activities extend the duration of the stop? Rodriguez provides some guidance. Under Ginsburg’s rationale, activities aimed at “ensuring that vehicles on the road are operated safely and responsibly” relate to the goals of enforcing the traffic code and are thus permissible. Conversely, actions directed towards the enforcement of “ordinary criminal wrongdoing” do not relate to such goals and may not be undertaken unless doing so does nothing to slow down the process.

Here lies the failing of Rodriguez. Rather than outrightly prohibit police overreach, it seeks to disincentivize it. This failure becomes apparent when one considers the case of a traffic stop conducted by multiple officers. If Officer Struble rode with a (human) partner or backup arrived earlier, one officer could handle the proper duties for the stop while the other peers in windows, does “safety” pat-downs of other passengers, or walks a drug-sniffing dog around the exterior of the car. In fact, the latter situation occurred with the Court’s approval in 2005’s Illinois v. Caballes.

This case has rightly been viewed as a significant step towards curtailing the potential police overreach and pretext with respect to the traffic stop. One would hope, as it has been suggested, the Supreme Court has taken stock of the problems police have with overreach. However, while the Court appears to be moving forward, they fall short of fully appreciating problems at hand. They have adapted, but they are still behind the times.

SOURCES

Mark Joseph Stern, The Ferguson Effect, SLATE, April 21, 2015

Orin Kerr, Explaining Heien and Rodriguez, WASHINGTON POST, April 22, 2015, available at

Orin Kerr, Police Can’t Delay Traffic Stops to Investigate Crime, WASHINGTON POST, April 21, 2015

Rodriguez v. United States, No. 13-9972 (U.S. Apr. 21, 2015).

Posted in News | Comments Off on Rodriguez v. United States Analysis by Edwardsville Criminal Defense Attorney, John Stobbs

Edwardsville Criminal Defense Attorney Reviews K-9 Drug Detection Reliability

Thursday, January 29th, 2015

Law enforcement agencies have been increasingly dependent on drug-detection K-9’s, but are their results reliable in court?

A K-9 must have completed a training course and be certified in order to be used on the field or for a K-9’s alerts to be recognized by a court. In the recent years, the effectiveness and reliability of K-9 and K-9 training have been raising questions that have lead courts to re-evaluate the proper approach of assessing K-9 searches.

The K-9 training course and requirements vary per state. Some state legislatures have been implementing laws in order to have a statewide standard. For example, in Illinois, the Illinois General Assembly passed a law requiring a K-9 to undergo training and obtain certification under a standard similar to that of the Scientific Working Group on Dog and Orthogonal Detector Guidelines (SWGDOG). SWGDOG is a nationwide standard that was established to develop a consensus-based ‘best practice’ system to enhance the performance of K-9 teams and to optimize their use in combination with electronic detectors. SWGDOG was established in order to improve the reliability of a K-9’s alert during a search, the evidence of that search and the K-9’s training presented in court. Under the Illinois law, 50 ILCS 705/10.12, law enforcement agencies must have their K-9 annually certified, each time meeting the stated requirements designated by the Illinois General Assembly Board.

Majority of courts, both state and federal, treat K-9 alerts as per se probable cause when the K-9 is trained and reliable. Until recently, these courts were quick to find this standard based simply on affidavits from the dog’s officer or handler stating their dog was trained or certified. Then in recent years, courts began applying limitations as to the factors considered when determining a K-9’s reliability. Particularly, in Florida v. Harris, the U.S. Supreme Court held that each party should be allowed to make their best case in order to prove that the K-9’s performance was reliable, as oppose to Florida’s previous “check list” test, as described below.

When a court tests whether an officer has probable cause to conduct a search all that is required is the kind of “fair probability” on which “reasonable and prudent people act.” The Florida Supreme Court had created a strict evidentiary checklist to assess a drug-detection K-9’s reliability, where the State would need to introduce comprehensive documentation of the K-9’s prior hits and misses in the field. The U.S. Supreme Court quickly dismissed this, reasoning that this caused too many inaccuracies, especially with false alerts—both positives and negatives. For that reason, the U.S. Supreme Court found that evidence of a dog’s satisfactory performance in a certification or training program can itself provide sufficient reason to trust the K-9’s alert. However, the Supreme Court also found that the defendant must have an opportunity to challenge such evidence of a K-9’s reliability. For example, the defendant may contest the adequacy of a certification or training program, examine how the K-9 or the handler performed in the assessments, or even say the officer cued the K-9.

Dogs are creatures of habit and officers or handlers can create subtle cues, whether intentional or unintentional, which can cue the K-9 to alert during a search, especially when the officer or handler has reason to believe there is contraband present. Unfortunately, courts regularly overlook this fact. Judges often trust the testimony of a K-9 officer because they fail to recognize the K-9 officer or handler’s role in or effect on a search. This leads to another weakness in the use of a K-9.

Moreover, problems like residue or trace odors may trigger a false positive alert. These false positive alerts, which can be caused by previous contact with a narcotic by either the serchee or a third party, leads the K-9’s officer or handler to believe there is probable cause. Even if the alert is valid, the alert is often to the odor of a narcotic, which the K-9 is trained to detect, and not the presence of the actual contraband. In these cases, the officer does not meet the proper requirements needed to perform a search and is therefore violating the serchees Fourth Amendment rights.

The Illinois Appellate Court recently decided a case based on the U.S. Supreme Court’s decision in Florida v. Harris. In People v. Litwhiler, the defendant’s conviction resulted from a traffic stop during which a police officer found the defendant in possession of a controlled substance. The K-9’s handler testified that the K-9 used during the traffic stop was certified in a ten-week training session where it was taught apprehension, tracking, and the detection and recognition of different scents and odors of contraband. In addition, the handler was certified and the K-9 was re-certified two times a year to do narcotic and apprehension work. The defendant argued that the K-9 was not sufficiently certified; yet the court found that the record proved otherwise. The record indicated that 66% of the time the K-9 alerted, narcotics were found. This, along with other evidence, lead the court to hold that the field alert statistics and the handler’s testimony were sufficient to satisfy the State’s burden of proving the K-9’s reliability.

Court decisions and legislations, like the one passed by the Illinois General Assembly, are increasingly testing the limits of a K-9’s use in the field by law enforcement officers. Although most cases will be decided on a case to case basis, these changes will lead courts to take a second look at a K-9’s reliability when convicting a defendant based on a K-9’s alert.

References

Florida v. Clayton Harris, 133 S.Ct. 1050, (2013).

Jeff Weiner, Police K-9’s and the Constitution: What Every Lawyer and Judge Should Know, The Champion, April 2012.

Patrick Yeagle, Drug Dogs Fail the Sniff Test, Illinois Times, January 9, 2014.

People v. Litwhiler, 12 N.E3d 141 (Ill. App. Ct. 2014).

Posted in Drug Crimes, Illinois Law, Missouri Law, News | Comments Off on Edwardsville Criminal Defense Attorney Reviews K-9 Drug Detection Reliability

White Collar Crime – Question of Guilty Plea

Wednesday, November 14th, 2012

In January 2009, Allan Sloan, senior editor at large for Fortune Magazine, was interviewed by NPR news. The subject of the interview was putting white collar crime in perspective—historically and recently. White collar crime is misunderstood by the general public because the vast majority of the public does not understand finance. Because our country is in an economic recession, crimes involving money laundering, insider trading and other types of fraud tend to gain much more public attention. Those accused of these crimes find themselves unfairly judged by the court of public opinion before a trial even begins. Sloan mentions in this interview one of the major problems facing those who are charged with these crimes: inconsistent punishments. To quote Sloan, “The thing that bothers me…is that once you’re in the criminal justice system, it becomes a lottery. And if you have a good lawyer and your luck runs, you may get off with probation. If your somebody like…Bernie Evers at WorldCom, he got, I believe 25 years. So you never know how it is going to turn out.” However with good representation and a lawyer who isn’t afraid to take your case to trial, you can rely on more than luck. Often white collar criminals mistakenly believe that their only option is a plea, because they have been found guilty by the court of public opinion before the case is brought to trial. If you are accused of a white collar crime, quickly hire a lawyer who isn’t afraid to fight for you and isn’t afraid to show you acquittals they have received on behalf of other businessmen in your situation.

Links

http://www.npr.org/templates/story/story.php?storyId=99120924

Tags: acquittal, finance, White collar crime
Posted in News, White Collar Crimes | Comments Off on White Collar Crime – Question of Guilty Plea

The Court of Public Opinion: the Defense of Sexual Misconduct charges against Women

Monday, November 12th, 2012

Recently Sarah Jones has been in the spotlight because of accusations of sexual misconduct. Jones was a teacher in Kentucky while also a professional football cheerleader for the Bengals. She was accused of sexual misconduct with a 17-year-old student while in a position of authority over him. She had been in the media before, when a website (TheDirty.com) slandered her name, saying she had had sex with all members of the Bengals Football team. Eventually Jones’ plead to a lesser charge, giving up her fight prematurely, likely in part because of the mainstream view of her as a sex kitten. In looking only at the public facts of the case, it can be called into question whether or not Jones’ was in a direct position of authority over the victim at the time the alleged crime was committed.

The public is always quick to judge the accused, but the case seems more severe for a teacher. The public has easy access to photos of Jones dressed in a provocative way: in her Bengal’s cheerleader uniform which emphasizes her cleavage and her toned mid-section. When the public sees a woman dressed in such a way who is in a position of authority over children, they immediately assume guilt without asking for any more information. In Sarah Jones’ case, it has even led to jokes that she is the “female Sandusky,” which she vehemently denies. When public opinion is stacked so hard against you, it can make a case seem impossible to win. In Sarah Jones’ case, it meant pleading to a lesser charge because both the victim and the victim’s family denied she had done anything wrong. When the media takes control of the story, it never allows for the accused to speak out in their own defense. If this has happened to you, understand that you are not alone and your case can be won. Look for a lawyer who is not afraid to take your case to trial and who will stand up for your side of the story.

Links

Tags: position of authority, public opinion, Sandusky, Sarah Jones, sex, Sexual Misconduct
Posted in News, Sex Crimes | Comments Off on The Court of Public Opinion: the Defense of Sexual Misconduct charges against Women

False Accusations of Molestation: Is it possible Jerry Sandusky is innocent?

Friday, November 9th, 2012

In light of the sentencing that took place today, giving former Penn State football coach Jerry Sandusky 30-60 years in prison for a conviction of child molestation, the discussion should be opened: is it possible that Sandusky is innocent? He has stood by his position of innocence from the beginning of the investigation, even saying that he “know[s he] did not do these alleged disgusting acts.” Those who have come forward accusing Sandusky do stand to gain financially by suing Penn State, but that aside, what else could allow this to happen to an innocent man? When men are friendly, involved and active in the development of youth they can set themselves up as targets for accusations. Should men be afraid to be active in helping the youth of their communities? In 1995, an incident involving Jerry Sandusky and a boy in a locker room had both the alleged victim and the victim’s mother “confused” as to what had taken place. They were unsure if Sandusky’s behavior had crossed any lines, and investigator Jerry Lauro, the caseworker assigned to the incident by the Department of Public Welfare in Harrisburg, thought that the incident fell into a “gray” area concerning “boundary issues.” The boy was then evaluated by a counsellor named John Seasock, who concluded, “There seems to be no incident which could be termed as sexual abuse, nor did there appear to be any sequential pattern of logic and behavior which is usually consistent with adults who have difficulty with sexual abuse of children.” Seasock didn’t think Sandusky was grooming the boy for future sexual assult. Someone, he concluded, should talk to Sandusky about how to “stay out of such gray area situations in the future.” It is possible that many men accused of sexual misconduct toward minors are falsely accused, not because of menacing children who seek to ruin the adult’s reputation, but rather because of a misinterpretation of the situation by those in authority. Those who genuinely care for children will show affection and offer help to those kids. This is where we enter into a gray area. When does the affection go too far?

Links

Tags: child molestation, children, gray area, Jerry Sandusky
Posted in News | Comments Off on False Accusations of Molestation: Is it possible Jerry Sandusky is innocent?

News

Key Highlights

Introduction

Defining White Collar Crime

The Evolution and Scope of White Collar Crimes

Common Types and Examples of White Collar Crime

The Mechanisms of White Collar Crime

How White Collar Crimes are Committed

The Role of Technology in Facilitating White Collar Crimes

A Beginner’s Guide to Navigating White Collar Crime Defense

Understanding Your Rights and the Legal Process

What You Need to Get Started

Step 1: Identifying a White Collar Crime

Step 2: Seeking Legal Advice

Step 3: Collecting and Preserving Evidence

Step 4: Understanding the Charges and Possible Defenses

The Impact of White Collar Crime

On the Economy and Society

On the Victims

Preventative Measures Against White Collar Crime

Individual and Organizational Strategies

Conclusion

Frequently Asked Questions

What Constitutes a White Collar Crime?

What’s the different between state and federal white collar crime?

Which crimes are eligible for denial of release after a first arrest?

Frequently Asked Questions about the Pretrial Fairness Act

Additional Resources

1. Hiring a Defense Attorney Who Lacks Specific Experience in Your Case Type

2. Not Asking Hard Questions

3. Allowing Disorganization

4. Be Wary of an Attorney Advising You to Plead Guilty Early in Your Relationship

5. Not Doing Your Due Diligence on Previous Cases

6. You Get What You Pay For

The Eight Circuit Court and Supreme Court Clash

Rodrigues vs. United States Provides Guidance for Police Conduct

Let's talk about your case.

Stobbs Law Offices

Criminal Defense Locations

Featured Content