The Law Office of Gregory N. Smith The Law Office of Gregory N. Smith2024-03-15T16:19:14Zhttps://www.gnsmithlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503344/2023/01/cropped-GS-favicon-32x32.pngOn Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473812024-03-15T16:19:14Z2024-03-15T16:19:14ZPeer pressure can be a powerful force, especially when it comes to risky behavior like substance abuse. If you’re worried that your teen’s friend group might be impacting their choices, you can potentially benefit from strategies to more effectively navigate this challenging concern.
Understanding the warning signs
Teens are highly susceptible to peer pressure. Their desire for belonging and social acceptance can make them vulnerable to trying things their friends do, even if they have reservations. Therefore, if your teen’s friends use drugs, there is a possibility that your teen may experiment.
If you have your suspicions about your teen experimenting with drugs, a good place to begin solving this puzzle is to spot the signs. Stay on the lookout for changes in behavior, like:
Secrecy: Becoming withdrawn or secretive about their activities and whereabouts
Shifts in friendships: They may distance themselves from old friends and spend more time with a new group
Changes in appearance: Unexplained weight loss or gain, bloodshot eyes or alterations in sleep patterns
Declining grades: A sudden drop in academic performance or loss of interest in school activities
It’s important to stay aware of potential warning signs, but this may not be enough. You also have to approach your teen and have a heart-to-heart conversation with them.
Talking to your teenager
Communication is key when addressing concerns about your teenager’s friendships and potential drug use. Approach the conversation with empathy and understanding rather than judgment. To make the conversation effective, create a safe environment by choosing a time and place where your teenager feels comfortable opening up.
Aside from raising your concerns, listen actively and encourage your teenager to express their thoughts and feelings without interrupting or dismissing them. This way, you can identify their knowledge gap and inform them about drug use risks and consequences.
As you conclude this important conversation, remember to set clear expectations regarding their behavior and the consequences of engaging in substance abuse. But more importantly, let your teenager know that you are there for them and willing to help them navigate peer pressure situations.
By communicating openly and fostering a strong parent-child relationship, you can equip your teen with what they need to resist peer pressure and make healthy choices. With that said, your teenager may already be facing drug charges. If so, it’s still important to make these efforts with an eye toward the future. Additionally, however, it can help to get them a reliable legal defense team to better safeguard their future.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473652024-02-20T16:26:35Z2023-12-02T20:57:54ZWhen theft occurs
According to state law, theft occurs when you take something from another party that doesn't belong to you either through force or deception. Theft also occurs if you take any action that deprives the owner of the property of the right to use or benefit from an item. Finally, you could be charged with theft if you take or dispose of items that you know have been stolen or that you believe have been stolen.
Theft penalties
Penalties for theft offenses range from a $500 fine for a Class D misdemeanor to life in prison for a Class A felony. You can be charged with a Class D felony if you took goods directly from an individual or if the good were worth more than $750 regardless of where or how you got them. A Class D felony is punishable by a prison term of up to seven years and a fine of up to $10,000.
Potential defenses to a theft charge
Just because you have been charged with theft doesn't mean that you will be convicted of the crime. It may be possible to assert that you had permission to use or dispose of an item on the owner's behalf. You may also be able to prove that you paid for the goods in question or are otherwise the rightful owner of an item that you're accused of stealing.
A conviction on a theft charge may cause a serious interruption to your life even if you avoid significant jail time. A criminal record may make it harder to find a job, go to school or obtain suitable housing.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473622024-02-20T16:26:45Z2023-09-27T19:13:51Z911 call analysis
Police officers and prosecutors who are trained to analyze 911 calls are taught to look out for guilt indicators like pauses, poor word choices and unusual speech patterns. The retired deputy police chief who was the first to promote 911 call analysis claims that these guilt indicators can help police officers to identify criminals, but researchers have found not found much evidence to support his claim. This kind of junk science has been used in more than 100 criminal prosecutions and at least 1,500 homicide investigations, but it is unlikely to be used again. That is because the FBI has advised law enforcement agencies to stop using 911 call analysis.
Blood spatter patterns
The practice of analyzing blood spatter patterns to determine what happened at a crime scene was developed by a criminologist in the 1970s. The approach was seized on by police departments around the country and became a standard part of violent crime investigations, but that was before the National Academy of Sciences cast doubt on blood spatter analysis in a scathing report. Since that report was published in 2009, criminal defense attorneys have successfully appealed several convictions based on blood spatter analysis.
Rigorous scrutiny
Scientific evidence presented in criminal trials should be subjected to rigorous scrutiny, but that does not always happen. The courts should be very wary of forensic approaches that are not supported by research and data, but they only seem to lose faith in junk science when it is discredited.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473602024-02-20T16:26:52Z2023-09-21T05:02:12ZProbation may be possible for a first offense
Missouri law does allow those who are convicted of a first drug offense to be sentenced to probation as opposed to prison. To be eligible for a lighter sentence, you must complete a drug rehabilitation program and adhere to other rules imposed by the judge in your case.
Charges are divided among three tiers
Possession of heroin is labeled as a Class C felony, the lowest of the three levels. If convicted of the charge, you will spend at least one year and up to seven years in prison. Selling heroin is classified as a Class B felony and carries a sentence of up to 15 years in prison.
State law saves the harshest punishment for those who engage in drug crimes that involve moving goods across state lines. This is considered a Class A felony and carries a prison sentence of between 10 and 30 years.
You may also be charged with a Class A felony for selling a significant amount of heroin or doing so in a school zone. Attempting to distribute more than 90 grams of the substance is a Class A felony without the possibility of parole.
If you are charged with a drug crime, you may be able to have the charge dismissed or reduced per the terms of a plea deal. A charge may be dropped or reduced by casting doubt on witness testimony, physical evidence or anything else the government uses to justify its actions in your case.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473582024-02-20T16:26:58Z2023-08-01T22:29:18ZDomestic
Domestic money laundering is a common type of white-collar crime. Section 1956(a)(1) covers this type. It says that people are prohibited from making transactions with money from suspected unlawful activity. The transactions referred to in this section include four potential types of intent. A person may intend to conceal fund information, evade taxes, promote illegal activity or avoid reporting requirements. Hiding fund information may involve disguising the nature, location or source of funds.
International
Section 1956(a)(2) applies to any cross-border transactions. According to this section, people cannot receive or transfer proceeds from suspected unlawful activities. There must be intent to promote more illegal activity or conceal information about the funds. That information may be about the source, nature or location of the money.
Undercover
Section 1956(a)(3) relates to sting operations. It applies when law enforcement officials represent funds as proceeds from illegal activities. People who receive these funds are prohibited from using the money to make any transactions. Such transactions must aim to promote more illegal activities or conceal fund information. That concealment may involve information about the source, location or nature of the funds.
The penalties for money laundering may involve significant fines and prison time. Fines vary and can be more than $250,000. For domestic and international money laundering, convictions can come with prison sentences of up to 20 years. The prison sentence for undercover money laundering may be up to 10 years. With these potential consequences, it is important to take money laundering charges seriously.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473532024-02-20T16:27:04Z2023-06-21T04:43:58ZCourts take action
Field test kits only cost about $2 each, which may explain why they continue to be used despite their reliability issues. However, courts have started to take notice of their shortcomings. When the Massachusetts Department of Correction was sued by former inmates who had been punished because field test kits identified benign substances in their mail as illegal drugs, the judge presiding over the case referred to the plastic bags of chemicals as “arbitrary and unlawful guesswork.”
False positives
More than 130 individuals convicted on drug charges have been exonerated because more reliable tests established that field tests kits had identified substances like sugar or baking soda as illegal drugs. The leading manufacturer of field test kits concedes that at least 50 legal substances can cause the same chemical reactions as illegal drugs. Independent testing suggests that this number is far too low. The kits contain cobalt thiocyanate because it turns blue when it is exposed to cocaine, but more than 80 benign substances including household cleaners and acne medication trigger the same reaction.
Plea agreements
The unreliability of field test kits is a pressing issue because the vast majority of people taken into custody on drug charges enter into plea agreements. This is a problem when charges are based on the results of field tests because plea offers are usually made and accepted before suspicious substances are subjected to more rigorous testing. If you are ever arrested because a plastic bag of chemicals identifies a substance as an illegal drug, you should wait until more reliable tests have been performed before you consider pleading guilty.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473492024-02-20T16:27:10Z2023-05-29T21:40:20ZWhat are the basics of a fourth degree domestic assault charge?
One potential charge that can be lodged is domestic assault. It will be in the fourth degree if the victim is a household member or a family member. That includes children. Understanding the tenets of these cases is essential as a household dispute that gets out of hand could spark an arrest that will have a harmful impact on a person's life.
In general, these charges may arise if the victim suffers an injury, experiences pain or becomes ill stemming from another person’s acts. Using a weapon or an instrument will warrant criminal negligence charges.
If a household member states they were put in a position where they feared injuries were about to be inflicted, it will also fall under this law. Physical contact that would knowingly be deemed offensive or isolating a person from others can also result in an arrest for fourth degree domestic assault.
One of the most common ways in which generally law-abiding people find themselves caught in these circumstances is through domestic violence. Being fully cognizant of the penalties is imperative immediately upon being arrested. This is a Class A misdemeanor except in cases where there was a prior conviction of this type of crime. The penalties for a conviction can include as much as one year in jail and fines for up to $2,000.
Charges can damage your life and reputation
In addition to the criminal penalties, a domestic assault charge may result in a negative perception in the community. These cases can happen to anyone. Knowing the possible consequences and how to address them is vital to try and avoid jail, fines and the challenges that accompany these accusations.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473362024-02-20T16:27:16Z2023-03-28T21:30:57ZExpungement
Criminal records can only be expunged when offenders have paid their fines and completed their parole or probation. Misdemeanor offenders must not reoffend for one year before they can be granted an expungement, and felony offenders must stay on the right side of the law for three years. Before the expungement law was changed, the waiting periods were three and seven years, respectively. To seek an expungement, an offender must submit a petition in the court where they were convicted and sentenced and pay a $250 fee. A judge may waive the fee if paying it would cause undue financial hardship.
Expungement hearings
Hearings are held before expungements are granted. When expungement petitions are prepared, offenders must list the law enforcement agencies and prosecutors involved in their case as defendants. These defendants are then given 30 days to object to the expungement. A hearing is held even if none of the defendants object, so offenders who do not want to take any chances often ask their criminal defense attorneys to advocate on their behalf. When expungements are denied, offenders can either file an appeal or wait a year and try again.
Protecting society
The expungement process protects society because it gives offenders a chance to put their pasts behind them and enjoy the benefits of society. When offenders are denied opportunities because of acts they committed years ago and have paid for in full, they are more likely to commit more crimes. The criminal justice system should rehabilitate offenders whenever possible, and expungement helps to achieve this goal.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473352024-02-20T16:27:23Z2023-03-21T02:47:17ZA system based on fear
According to the ABA report, criminal defendants rarely agree to plea deals because they think the terms being offered are in their best interests. Instead, they agree to plead guilty because they are terrified of what could happen if they do not. The thing that scares them the most is the trial penalty, which is the term prosecutors use to describe the extra seven to nine years that is added on to the sentence of a defendant who refuses a plea bargain and is then found guilty by a jury.
The innocent plead guilty
The ABA report paints a picture of a system that has abandoned justice in favor of expediency, and even innocent people are victimized by it. The report describes defendants who did not commit crimes being pressured into accepting plea bargains by prosecutors who stack the charges against them and threaten them with the trial penalty. What makes this even more alarming is that defendants are often subjected to this intimidation before they or their criminal defense attorneys have even been given an opportunity to review the evidence against them. Dozens of the people exonerated by the Innocence Project spent years behind bars because they chose to plead guilty to crimes they did not commit rather than risk the consequences of losing in court.
Reform is needed
The ABA plea bargain report concludes with a list of 14 recommendations, but it is unlikely that any of them will be heeded. The current system is a dystopia for criminal defendants, but it keeps the wheels of justice turning, clears court dockets and makes life easier for prosecutors and judges.]]>On Behalf of The Law Office of Gregory N. Smithhttps://www.gnsmithlaw.com/?p=473292024-02-20T16:27:29Z2022-12-22T22:52:10ZProper lineup construction is key
The degree to which the results of a lineup might be biased depends greatly on how the lineup is constructed and if all the necessary precautions are taken. One of the most important bias safeguards is to keep the investigators out of the field of vision of the witnesses. Otherwise, it's all too easy for them to intuit which individual they have their focus on. This may lead them to a decision based on what they feel they're supposed to say, rather than their own memory of the crime they saw.
In a perfect world, investigators wouldn't even be aware of which individual in the lineup is the actual suspect. That's what would be necessary for a true double-blind procedure, which is what's recommended for a police lineup.
But that's rarely the way it works out in real-life criminal defense. Inevitably, the investigator will look more closely at the suspect than any of the foils in the lineup, and it's quite easy for witnesses to pick up on those barely perceptible social cues.
Everyone in the lineup should be comparably photographed and dressed
There may also be biases in how the suspect is photographed for the lineup. Lineups aren't usually conducted in person with everyone standing in a line. More often, photographs are used instead. How a person is dressed and the lighting in the picture can make a substantial difference in the witness's impression.
When a police lineup is set up properly and under ideal circumstances, it is a highly effective way of identifying suspects. Unfortunately, lineups aren't always put together the way they should, and some inherent biases are hard to avoid.]]>