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Criminal Law Blog

Bart Kaspero Law > Criminal Law Blog (Page 5)

Drug Possession Charged as Sales: How Much is Too Much?

One thing that is all-too-common in drug crimes is the possession case that is charged as a sales case.  Many clients are outraged and terrified to learn they are being accused of being a "Drug Dealer" when they have only engaged in personal uses of a controlled substance. There are a few reasons why these cases end up being charged as "sales cases" and many clients seem to experience at least one of these patterns. Amount: More Than One Would Normally "Use" On Their Own Taking a look at the elements of Possession for Sales charge, you will not find any reference to...

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The Trial of Susan B. Anthony

The story of an American Hero - Tried as a Criminal Many people in our have mixed feelings about our criminal justice system—in particular, trials by jury. Some feel that people beat charges on technicalities while others point to innocent defendants that are incarcerated for crimes they never committed. We are hopeful that the worst case scenarios occur infrequently, maybe rarely, as compared to the standard law and order we want to believe in. But there are many reasons why the jury system serves a function in our society beyond guilty or not guilty. The trial of Susan B. Anthony stands as...

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Medicare Seniors Overprescribed Painkillers

Medicare's prescription drug program (known as Part D, under the Medicare comprehensive plan) reveals a rising use, misuse, and overprescription of common painkiller (opiodes) and anti-anxiety medications. To name a few, research show that there has been a steady increase in the prescription of hydrocodone, oxycodone, (which rose up to 50%) and increased dosage rates from one month supplies to three month supplies. Some are alarmed at these rates because they indicate careless prescribing methodologies by physicians who do not regulate and monitor the safety risks posed to seniors on such powerful prescription drugs. Among the most prescribed of the medications are hydrocodone-acetaminophen...

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DEA Blasted for Stonewalling Marijuana Research

The Drug Policy Alliance and Multidisciplinary Association for Psychedelic Studies (MAPS) released a comprehensive sixteen page report entitled:    “The DEA: Four Decades of Impending and Rejecting Science.”   The compilation hinges on a two-part argument based on the last 40 years of legislative and scientific studies.   First, the institutes claim the DEA has been refusing to declassify marijuana from the most serious and highest drug classification of Schedule I substances (that that are the most severely addicting and with no medicinal use to the user) without any legitimacy and contradictory authority. Second, the agency has been curtailing research on medicinal marijuana in the form of...

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The New Vicodin on Steroids

There is a growing fervor over the soon-to-be-released prescription drug Zohydro, which is a powerful new pain killer with pure hydrocodone.  Intended to be a “slow-release drug, the pill releases over a twelve hour period.   Activists that are fighting pharmaceutical companies and trying to bring pressure on government agencies argue that people who abuse prescription drugs are already expressing excitement about how Zohydro can be manipulated for a more dramatic high.   This was the case with other painkiller medications that were made crush proof so that they could no longer be snorted by heavy addicts....

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Suing the Police

Something went terribly wrong. You were either wrongfully searched, detained, arrested, charged, beaten, handcuffed, tasered, prosecuted, had your privacy invaded, been singled out due to racially motivated misconduct, or have been conspired against to deny your Civil Rights.

Arrested in College

When parents send their children off to college, many do not realize the potential legal difficulties some of their young adult offspring may face if they wind up arrested at college. While making the decision to move away from home to live either on-campus or closer to their college, students may throw caution to the wind and forget that they must now independently be responsible for all behavior. The college years are filled with great expectations as well as new-found freedom at every turn. When this lack of supervision gives way to criminal behavior, young adults find themselves asking parents to...

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Criminal Charges in College

Criminal Charges in College: “A conviction is forever”   Most college freshmen are teenagers prone to the juvenile ideas, urges, and impulses of that age group reinforced by group life on residential campuses. The discipline they must exert daily for long, tiresome hours of sedentary study and class attendance is usually difficult for such vibrant individuals, who at times welcome cheap thrills as entertaining diversions from their boredom and frustration over long periods of necessary but resented self-restraint. Some students find such diversions in bottle bombs. Two students at MessiahCollege, a Mechanicsburg, Pennsylvania religious campus, got into serious legal trouble with criminal charges...

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Getting Hired with a Criminal Charge

The Effects of Criminal Charges Getting Hired or Finding Work

Ask anyone in a career position or working in a professional capacity, and the idea of what happens if charged with a crime will send shivers through that person. While the American legal process follows the premise of innocent until proven guilty, most people know that just the presence of a criminal charge or indictment is enough to be a scarlet letter on a person’s name.

Immediate Impact

If a person is lucky, the criminal charge that has been filed doesn’t end up in the local newspaper. The press love to run stories on someone being targeted in an investigation, but they also tend to focus on big crimes versus petty issues. However, as soon as it does go to print, a person in a job plays the roll of the dice as to whether anyone has read the local paper that day or not. He will likely hold onto his job until criminal charges get filed, and job visits by the police will evolve into a work suspension. Employers often use “paid-leave” to get a suspected person out of the office until a termination goes through.

Cops Shooting Dogs

Cops Shooting Dogs: Do the Facts Justify the Action?

 This post is an updated version from an original blog entry on this site

Cases where police officers feel “forced” to shoot a dog are scattered across the United States. Within the last year, there have been a number of instances in the state of California where a police officer shot and killed or severely injured dogs while in the course of an investigation or in response to a call. The recent killing of a small sized puppy in Cleburne Texas has raised a wave of outrage from the public.

In recent investigations concerning officer involved shootings, the American Society for the Prevention of Cruelty to Animals suggests that over 50% of involve the shooting or killing of animals. The figure is shocking.

What is most disturbing is that virtually no police departments or sheriff’s departments in the country have any training whatsoever for their officers in handling dog encounters. That means that over half the time an officer pulls their trigger, it’s to shoot or kill an animal (something their target practice does not prepare them for).

Dog killings by officers are growing rapidly. Here are just a few of the more controversial ones.