Numerous problems in San Francisco’s forensic crime lab have resulted in hundreds of drug cases being dismissed and hundreds more are under investigation.The root of the problem are accusations that an employee of the San Francisco Police Department’s crime lab was stealing cocaine.

Lab Tech Deborah Jean Madden is under investigation for theft and possibly evidence tampering.The crime lab was shut down in early March.Over 600 drug cases have been dismissed so far.San Francisco’s crime lab is not independent from the police department.

Police Chief George Gascon ordered an audit of the crime lab which found several problems including problems in the "chain of custody" record keeping for seized drugs. and improperly sealed drug envelopes.The audit found the evidence tampering would have been prevented had good laboratory practices been in place.

It appears the police knew of the problems with Ms.Madden as long ago as 2005 when 4 grams of cocaine handled by Ms. Madden came up missing in a federal racketeering trial Ms.Madden had been repeatedly counseled when she failed to follow laboratory protocol.

 

Continue Reading San Francisco Crime Lab Shut Down

The United States Supreme Court ruled that criminal defense lawyers have a Sixth Amendment obligation to warn their clients when their guilty pleas can result in deportation.Justice Stevens wrote the majority opinion that held that the criminal lawyer representing Jose Padilla should have advised him that a guilty plea to transporting marijuana would make him subject to automatic deportation.

"When the deportation consequence is truly clear, as it was in this case, the duty to give correct advice is equally clear," Stevens wrote.

“We now hold that counsel must inform her client whether his plea carries a risk of deportation,” Stevens said. “Our long-standing Sixth Amendment precedents, the seriousness of deportation as a consequence of a criminal plea, and the concomitant impact of deportation on families living lawfully in this country demand no less.”

The bottom line of the opinion is that a criminal defense lawyer provides ineffective assistance of counsel if he or she misleads a non-citizen about the collateral consequences of a criminal conviction.

Justice Scalia dissented from the majority.

“In the best of all possible worlds, criminal defendants contemplating a guilty plea ought to be advised of all serious collateral consequences of conviction, and surely ought not to be misadvised,” Scalia said. “The Constitution, however, is not an all-purpose tool for judicial construction of a perfect world; and when we ignore its text in order to make it that, we often find ourselves swinging a sledge where a tack hammer is needed.”

The lesson from this case for criminal defense attorneys and clients is a consultation with a immigration lawyer to determine the ramifications of any plea bargain and their immigration status. Don’t enter into a plea until you know how it might effect your legal residency status.

 

 

 

Proposed House Bill 3283/Senate Bill 3347 which would have eliminated Pre-trial Diversion was before both the Tennessee House and Senate Judiciary Committees on March 30th.  Both committees heard testimony from all sides, including the Public Defenders Conference, the District Attorneys Conference, and the Tennessee Association of Criminal Defense Lawyers. Only the House Committee voted, and the bill was defeated 7-5. Pretrial diversion is used for first-time offenders accused of misdemeanors or minor felonies. It was created in 1974 to help people who have made a mistake in judgment avoid a trial or guilty plea by agreeing to serve an immediate term of probation, and if they stay out of trouble for the duration of that term the charges are dropped and they can have their records wiped clean again. Over the last 10 years, approximately 250 people have completed a pretrial diversion program in Nashville alone. Pretrial diversion is not as popular or commonly used as judicial diversion though. Judicial diversion works similarly, yet is at the discretion of the judge and occurs only after a conviction at trial or a conditional guilty plea. 

Along the same lines, House Bill 3538/Senate Bill 2901 which would increase the mandatory drug testing fee from $100 to $250 and impose fines on granting of pretrial or judicial diversion has also been on the calendars in the House and Senate Judiciary Committees. On March 23rd, the House voted 5-3 to recommend the bill for passage and the bill is on the Senate Judiciary Committee calendar for hearing on April 7th. The fines are to be deposited in a new state fund called the TBI Drug Chemistry Unit Drug Testing Fund. Monies deposited in this fund are earmarked to fund forensic scientist positions, maintain and upgrade equipment and supplies, provide training for employees, and other uses determined to improve the efficiency of the TBI. 

Atlanta Braves pitcher Deunte Heath has been charged with two prostitution related  misdemeanors during spring training. It appears he was arrested during a sting operation.The Braves suspended him indefinitely.The reason this report caught my attention is that the Metro Nashville Police also operate prostitution stings.

Metro Nashville Police also use prostitution stings to arrest those who may be engaged in patronizing prostitution.The tactics usually involve placing an Internet ad, arranging a meeting with an unsuspecting  person., and then an arrest or criminal citation will be issued. A criminal citation is issued in most cases. Beware of  answering these ads and remember what happened to Tiger Woods.

I have written about the effects of Red Bull and alcohol , but I just read a excellent post by Lawrence Taylor who writes the DUI Blog.here is an excerpt from his post on the effects of caffeine and alcohol

Caffeine and alcohol have a synergistic effect — that is, they combine to produce an accelerated effect. Rather than sobering a person up, as is commonly believed, coffee can actually increase the symptoms of alcohol.

The definitive studies were done by researchers in Great Britain and reported in an article entitled, "Interactions of Alcohol and Caffeine on Human Reaction Time", appearing in the scientific journal Aviation, Space and Environmental Medicine 528 (June 1983).

The conclusions of the scientists:

"Alcohol has always been categorized as a central depressant and caffeine as a central stimulant. Therefore, it should follow that an antagonistic [counter-active] interaction should occur when these two drugs are ingested simultaneously. But as these results illustrate, this is not necessarily the case…

"Caffeine has a synergistic interaction with alcohol…(It) has the effect of potentiating the detrimental effects already induced by alcohol….Motor skills which involve delicate muscular coordination and accurate timing have been found to be adversely affected by caffeine

This study coupled with the Wake Forrest and University of Florida studies clearly show that the caffeine use magnifies coordination problems which may effect the field sobriety tests.

https://youtube.com/watch?v=6pSMvUiITpc%26hl%3Den_US%26fs%3D1%26

One of the main concerns of those charged with a crime in Tennessee is can my criminal record be expunged.Maybe.I created a video on "How to Expunge Your Record." In most cases, you can do it yourself. As part of my legal services for criminal cases, I do the expungement for you if you are eligible.A conviction can not be expunged.Here is a list of dispositions when you can get your record cleared.

1.Dismissal

2. A Retirement

3. A Nolle Prosequi

4. Successful completion of either Pre-Trial Diversion or Judicial Diversion

5.When you hear the words "Not Guilty"

If you need a expungement form, leave your contact information in the comment section and we will contact you.If you live out of state we can handle it for you for a small charge.

Protecting your record is critical.Avoid a conviction if possible.It is better to find a criminal defense lawyer  to investigate your case before you plead guilty.

While I was in court today in Sumner County ,Tn., I bought a copy of  the Gallatin News Examiner , In the community forum section, State Rep. Mike McDonald of Portland ,Tn. wrote  an update on the new DUI laws up for discussion.House Bill 3280 revises the list of substances that can be cited as causes for driving under the influence or driving while intoxicated.Under the proposed new law ,it would be illegal to drive a car while under the influence of any intoxicant,marijuana ,drug substance or combination of these substances affecting the central nervous system.

The proposed  laws intend to cover the concept of a poly-drug. Alcohol  consumed while taking prescription drugs creates different effects on the human body.The bill wants to cover the area of "drugged driving." Drivers who knowingly take prescription drugs are just as dangerous as those drinking and driving. Warning labels on your prescription bottles are there for a reason.The message is don’t combine drugs and alcohol.The new DUI law intends to cover that situation.

HB passed the House and is scheduled to be heard by the Senate Judiciary Committee next week.

 

https://youtube.com/watch?v=wddz4EUAFds%26hl%3Den_US%26fs%3D1%26

Can the Field Sobriety Tests in a drunk driving case be effected by the shoes you wear ? The answer is yes.The National Highway Traffic and Safety Administration has produced a manual on the Standardized Field Sobriety Tests.In the 2006 manual in lesson VIII-11 ,it states that individuals wearing heels more than two inches should be given the opportunity to remove their shoes.The video will help explain the problem with this factor.

 

Domestic Violence or domestic assault charges are different from simple assault charges in Tennessee. In fact ,The General Sessions Courts in Nashville even have specialized courts established to handle these sorts of cases.Judge Gale Robinson and Judge Gloria Dumas are the two judges that are assigned to hear these cases at the General Sessions Court level.

I thought it might be helpful to set forth the definition of Domestic assault.The definition can be found at Tennessee Code annotated Section 39-13-111.
 


A " domestic abuse victim" means any person who falls within the following categories:

 

(1) Adults or minors who are current or former spouses;

(2) Adults or minors who live together or who have lived together;

(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;

(4) Adults or minors related by blood or adoption;

(5) Adults or minors who are related or were formerly related by marriage; or

(6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).

(b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.

(c)(1) Domestic assault is punishable the same as assault in § 39-13-101.

One consequence of a domestic violence conviction is the loss of owning a firearm.See T.C.A. 39-19-111 (3)

(3) A person convicted of a violation of this section shall be required to terminate, upon conviction, possession of all firearms that the person possesses as required by § 36-3-625.