FBI Director Robert Mueller has disclosed to Congress that FBI Special Agents have been cheating on tests. Agents are required to take a test on how to conduct surveillance and open  files and criminal investigations on citizens. The purpose is to make sure the FBI agents know the law to make sure they do their job right. It appears the agents cheated on the test. I guess they don’t have an honor code or it implicates the FBI agents may bend the law or their testimony when it benefits the agent.

Asked about an  Associated Press report about the cheating investigation, Mueller said he does not know how widespread the problem was.

"I’ve got a general idea, but I do not know how many," Mueller testified. "And I am not certain the IG knows how many either. He has pointed out instances orally to me where there may be persons in a particular office where it was widespread and may be attributable to a lack of understanding and confusion about the procedures."

Here’s a copy from the Office of the Inspector General on the cheating.  I an agent cheats to pass a test what else are they capable of doing. I am in search of an honest man.

 

Several days ago , I read a post by Scott Greenfield  on his blog Simple Justice . The theme of the post is that the courthouse has changed from a place where the average citizen could seek a fair trial to one dominated by the government. For example , Greenfield noted that the presence of policeman from manning the metal detectors to the display of firearms has changed the fabric of the courthouse from one of justice to that of a place of  law enforcement. I read the article and agreed with the conclusions then I had court in Murfreesboro , Tn. which drove the point home.

Domestic violence cases in Rutherford County are handled differently from most places in Tennessee. Here’s the deal:

  • As the court calls the docket , it refers the alleged victim to a domestic violence coordinator who is not affiliated with the District Attorney’s office.
  • The alleges victim is interviewed by the domestic violence coordinator who I have been advised may make recommendations to the Assistant District attorney that is handling the case.
  • Then the Assistant District Attorney interviews the alleged victim.

The whole point is the process where the court refers the witness to be interviewed. Is the court now a referee of the law or an active participant in the enforcement of the laws.Secondly , guess who funds these domestic violence coordinators in Rutherford County , Tennessee ? The defendants who pay court costs in criminal cases in General Sessions Courts in Rutherford county. I have been advised that a fee is assessed as court costs for all criminal cases except driving offenses to pay for these domestic violence coordinators. So , a MTSU student is convicted of simple possession of marijuana , he or she pays a fee to support this program. Is that court costs assessment fair or constitutional ?

 

https://youtube.com/watch?v=Gi56R-vWzBs%26hl%3Den_US%26fs%3D1

In the last few months, I have been creating videos on different legal issuses ranging from drunk driving defense to truck accident cases.  I complied a few clips of different aspects on the ins and outs of  defending a Tennessee DUI case.  I am providing these DUI DVD’s free as long as the supply lasts. The DVD covers some basic issues in field sobriety tests as well as blood alcohol tests.  If you want our office to mail you your free "DUI First Aid Kit", please post  your address in the comment section of the blog or contact the office at 615-259-9009.

Minnesota DWI Lawyer Charles Ramsay commented on  my post  " Misconceptions of a DUI Lawyer".  I just read his post on avoiding a jack of all trades lawyer which gave some insight on the issue. The point is while you are searching for an attorney to handle your DUI case , drug case , sex crimes case or any other type of criminal case do you want the jack of all trades lawyer . Is the lawyer’s website  advertise  that  the lawyer can handle any case from bankruptcy to divorce . Granted a lawyer can handle  one or two different practice areas with much success . I focus on two practice areas  myself but they are both in the litigation area. Remember the old saying " Jack of all trades master of none".

Here’s the first misconception about hiring a lawyer for your drunk driving case (DUI) .

                            Misconception Number 1 :

Any Lawyer can defend an accused drunk driver.

A DUI defense attorney has become a sub-specialty within the area of criminal defense lawyers. When a prospective client walks into the average law office and asks for help on a drunk driving case, they may never have handled a DUI case.  A lawyer may look at the warrant and think the case is hopeless and encourage the defendant to enter a quick plea of guilty.

DUI  defense has become a specialized field.  A great DUI lawyer is a geek who studies and learns the ins and outs of the defense.  It involves being up to date on the following;

  1. Search and Seizure Law.
  2. Detailed Knowledge on The Field Sobriety Tests.
  3. Knowledge of the internal workings of the breath alcohol Tests and it’s problems.
  4. Knowing the science of alcohol absorption and alcohols effects on the human body.
  5. Being well schooled on blood tests.

In today’s legal environment, you need a DUI geek . You can’t afford to hire someone who is going to plead you guilty without looking at all your options.  Studying the officers time cards, the maintenance records of the alcohol testing machines, filing pretrial motions to suppress the traffic stop: Do you want a lawyer that does this stuff or a lawyer that will just meet you at the courthouse, take your money and plead you guilty.  Today, I ran into a lawyer who took a case with a .28 breath alcohol test.  The attorney intended to plead them out and commented was that even I couldn’t get them off.  The moral of the story is "You never know til you try".

 

I just signed up for a new DUI seminar that is being presented by Virginia DUI lawyer Michael Tillotson.  Here’s a list of the topics :

  1. Introduction to the Intoxilyzer EC / IR II Machine
  2. Medical Conditions, DUI and Breath Testing
  3. Top Ten Defenses Against EC / IR Breath Testing
  4. How to Read Downloadable Data from the EC / IR II
  5. Issues of Reliability and Accuracy Using the EC / IR II
  6. Source Code and Radio Frequency Issues on the EC / IR II

By the way, Tennessee uses the EC / IR II in all breath alcohol DUI cases in Tennessee .

One question to ask if your are looking for a Nashville DUI lawyer is what does EC / IR mean. Drop me a comment and I will happy to let you know.  Also, another question to ask a prospective DUI attorney is what training you have had in Tennessee’s breath alcohol machine.

I just ran across some great information by Christine Funk. Ms Funk is a criminal defense lawyer in Minnesota. Here is her interview of  M. Fredric Rieders, Ph.D. Dr. Rieders is a forensic toxicologist and CEO at NMS Labs.  http://www.nmslab.com/  In this interview, Dr. Rieders provides basic information about what a forensic toxicologist does and how the work can assist law enforcement in assessing the significance of toxicological findings

Here is the link to Ms Funk’s podcast on crime lab issues.

Lawyers usually get paid by three different ways. Criminal defense attorneys get paid in two ways because it is unethical to charge a contingency fee or a results oriented fee in criminal cases. Most criminal defense attorneys charge by the hour or a flat fee. A flat fee is one set price for the entire case. In some circumstances the fee can be divided between the different stages of the case. For example , A lawyer may break the flat fee into segments of representation in General Sessions Court and Circuit Court. Here’s an article on the difference between a retainer and a flat fee.

 

One tip for the consumer . Always have the fee agreement in writing.

As I was leaving the Criminal Court in Nashville last Friday, I noticed a program being presented by the Nashville Coalition Against Domestic Violence.  Curious, I went inside, made a donation, and sat down.  The topic was "Children and Domestic Violence".  Lani Ramos presented on the "Effects of Trauma on Children" . Here’s an excerpt from her presentation on the impact from birth to toddler.

The National Child Traumatic Stress Network has defined domestic violence as follows:

The term domestic violence is commonly defined as a behavior, or pattern of behaviors, that occurs between intimate partners with the aim of one partner exerting control over the other. Domestic violence may include psychological threats, emotional abuse, sexual abuse, and/or physical violence. This clinical definition is broader than the legal definition, which may be restricted to acts of physical harm. In the past twenty-five years, public awareness of the issue of domestic violence has grown tremendously. As the scope of the problem has become understood, domestic violence is now acknowledged as a significant legal and public health issue, not only a private family problem. There are laws in every state that make domestic violence illegal.

Studies by the National Child Traumatic Stress Network note : exposure to domestic  violence during the first 33 months of life puts a child in serious risk of cognitive and developmental impairments that may last a lifetime.  A child develops the ability to think, feel, and relate to others.  So, the template for development may be skewed.

Bottom line is that domestic violence effects all those around you.

Here’s an update on drug interdiction tactics.  Simple Justice reported on a new book written by Andrew Hawkes on how a police officer can be a successful drug interdiction officer.  Mr. Hawkes has available for sale a book titled  " Secrets of Successful Highway Interdiction".  Here is a list of the chapters from his book :

"Secrets of Successful Highway Interdiction"

TABLE OF CONTENTS

Chapter 1   – Instinct and Indicators
Chapter 2   – Playing the Percentages in Your Favor
Chapter 3   – Probable Cause vs. Reasonable Suspicion
Chapter 4   – The Contact and Interview 
Chapter 5   – The Investigation
Chapter 6   – Vehicle Search Techniques & Hidden Compartments

Chapter 7 –   Use of K-9

Chapter 8   – Arrest & Post Investigation

Chapter 9   – Report Articulation
Chapter 10  – Fourth Amendment & Racial Profiling
Bonus Chapter – Courtroom Demeanor

A few of his tips are:  putting the dope on the trunk of the car to let the video capture the image of the drugs, turning off the radar equipment, and questioning the passengers to see if everybody knows everyone’s names.

If you want more information on drug interdiction cases in Tennessee, I created a short video on the issue.