Although heroin is back, the profile of the average heroin addict has changed. For many, the road to heroin use, started with prescription drugs, such as Oxycontin, Vicodin, Percocet and other opiate based prescription painkillers.
More and more Minnesotans are being prescribed opiate-based pain relievers for pain management following accidents and surgeries. Because these drugs are so addictive, what begins as pain relief quickly turns to addiction. The widespread distribution of prescription opiates has caused addiction rates to skyrocket.
According to the Minnesota Department of Human Services, prescription opiate addicts now comprise 10 percent of all admissions into treatment centers. The number of people who sought treatment for either prescription drug or heroin abuse in 2011 is four times what it was in 2000.
The problem most prescription addicts eventually face is cost. Obtaining prescription pain killers is expensive. That's when most people turn to heroin. Heroin is a lot cheaper than oxycodone, especially in Minnesota. According to Minnesota Public Radio, the cost can be as little as 25 cents a milligram.
Prescription drugs are now the new gateway. And unfortunately, many of the addicts facing drug crimes charges are not just people with chronic pain. Teenagers are pilfering prescription medications from their parents' medicine cabinets to get high and finding them quickly swept up in addiction and discovering heroin.
Heroin Not Just a Criminal Issue
Local authorities are not just concerned about the crime related to heroin use. The drug itself has been responsible for surge in overdose fatalities within the past year. Heroin-related fatalities in Ramsey, Hennepin and Anoka counties rose from 16 to 46 in 2011.
The purity of the drug is part of the problem. Recent tests on the drug have found it to be 93.5 pure, making it the most potent in the country. The purity makes it much more difficult for addicts to control their dosage, making it easy to overdose.
Sources: www.startribune.com, "Heroin Roars Back, With Lethal Results," Nicole Norfleet, 13 April 2012 and www.mpr.org, "Minnesota Heroin Addicts Hooked Via Prescription Opiates," Jon Collins, 28 February 2012
]]>In January, concerned parents at an Apple Valley ice arena called police after they observed
the Zamboni driver operating the machine in an inconsistent manner across the ice. The driver missed some spots on his first pass to resurface the ice. On his second pass, the driver had to be reminded to turn on the water.
]]> When police arrived, the driver had gotten the large ice resurfacer stuck halfway on the ice and halfway off. The driver of the Zamboni, Joel Bruss, admitted to police officers that he had been drinking before coming to work and had driven himself to work in his car.After being arrested for DWI, Bruss provided a sample for a urine test. His BAC was 0.32.
This was not Bruss' first time being charged with driving under the influence (DUI). In 1999, Bruss was convicted of DUI twice and in 2002, he was convicted of another DUI. Because the first two DUIs, were over ten years ago, he is facing gross misdemeanor instead of felony DUI charges, however given his significant BAC, the penalty for a conviction is still likely to be severe.
Source: www.twincities.com, "Apple Valley Zamboni Driver Charged With DWI Had Blood Alcohol Level of 0.21, Police Say," Jessica Fleming, 2 March 2012
]]>Residents in Minneapolis and St. Paul may not be surprised to learn that Hennepin and Ramsey Counties top the list. If you're going to have a drink and get behind the wheel, you should be prepared to call an experienced Twin Cities DUI defense lawyer.
]]> The thirteen counties targeted for enhanced enforcement are as follows:Despite a decrease in alcohol-related fatalities in the past couple of years and last year's total being the lowest on record, law enforcement does not want to let up. DUI related vehicular homicides are still responsible for one-third of all traffic fatalities in Minnesota.
The increased patrols, which began in October, are already showing results. In December, police and other law enforcement officers arrested 2,573 motorists for driving under the influence (DUI).
People arrested for DUI or DWI may lose their driver's license for up to a year as well as heavy fines, increased insurance rates and even jail time. People may face harsher penalties if they are repeat offenders. Individuals with blood alcohol concentrations (BACs) of .16 or higher may be charged with a felony and will have to use an ignition interlock device for at least a year to avoid a one-year suspension of their license.
The patrols, which are part of a federal funded program targeting drunk driving, will continue through the end of September 2012.
Source: www.dps.mn.gov, "Added DWI Patrols Target 13 Counties in 2012" 27 January 2012, Nathan Bowie
]]>The campaign's focus is to encourage those who plan on drinking over the holidays to avoid getting behind the wheel, either by using a designated driver or taxi. When these options are not available, people who have had too much to drink are encouraged to call a friend or family member who can pick them up.
]]> Drunk driving remains a serious threat in Minnesota. Unlike other states, who have experienced a drop in drunk driving over the past year, drunk driving has actually increased. According to MADD, in 2010 31 percent of all drunk driving fatalities were alcohol related. This marks a 19 percent increase over the previous year.A significant problem for many is realizing when they've had too much. People frequently have difficulty differentiating between when they are buzzed and when they are intoxicated. Increasingly people are finding that even when they are buzzed, they are not safe to drive.
People suspected of driving while intoxicated (DUI) are served best by contacting a St. Paul or Minneapolis DUI defense lawyer as soon as possible.
Minnesota has very serious laws to address drinking and driving. Like many other states, Minnesota has an implied consent law, which means that anyone driving the state's roadways has implicitly given his or her permission to submit to a Breathalyzer test, which measures the driver's blood alcohol content (BAC). A driver who refuses to test will automatically have his or her driver's license revoked for a period of time.
The BAC limit for DUI in Minnesota is .08. If a person's BAC exceeds .15, they may be charged with a felony, even if it is their first offense. People convicted of DUI may face fines, license suspension and even prison time. The consequences are severe.
Criminal defense attorneys on the cutting edge of Breathalyzer defense are very concerned that the equipment used to measure BAC does not produce reliable results. Currently, the Minnesota Supreme Court is reviewing a case which would require the company who makes the device to reveal its programming. Until a decision is reached, the future of many individuals suspected of DUI hangs in the balance.
Those celebrating the holidays should take care to avoid being pulled over. If you drink, don't get behind the wheel. Everyone should anticipate elevated patrols throughout the remainder of the year.
Source: www.MADD.org, "Drive Sober or Get Pulled Over this Holiday Season" 14 December 2011, MADD
]]>Jerry Sandusky, the former defensive coordinator of Penn State's football team, is accused of sexually abusing eight boys over the span of 15 years. Sandusky, who maintains that he is innocent, faces 40 criminal charges for sexual abuse.
]]> In 1998, Penn State was made aware of concerns over Sandusky's behavior after a mother complained that Sandusky had taken a shower with her 11-year-old son at the Penn State football facilities. After an investigation, no charges were filed against Sandusky.Then, in 2002, it is alleged that a then-graduate assistant, and current assistant coach, witnessed Sandusky engaging in sexual relations with a young-boy in the Penn State locker room showers. The graduate assistant claims that he stopped the abuse, although not physically. Further, the graduate assistant reported the incident to Penn State's head football coach the following day; the allegations were then passed along to the school's athletic director and a senior vice president of the university.
Claims of covering up the allegations of abuse - possibly starting with the 1998 allegations - have resulted in the head coach, athletic director, senior vice president and the president of Penn State all losing their jobs. The assistant coach who claims to have witnessed the 2002 is currently on administrative leave.
Sandusky admitted to an NBC News program that he showered and horsed around with boys following workouts. However, he claimed that he was innocent of the charges.
It is important to remember that, as of yet, Sandusky has not been committed of a crime, whether Sandusky is guilty or innocent will be determined by a court of law. However, the mere allegations of sexual abuse of young boys led to speculation about Sandusky and the Penn State football program, speculation that cost several people their jobs.
Due to the nature of the allegations, even people who are falsely accused of committing child molestation may be subject to the stigma that follows these and other sexual offenses. Along with prison time, a conviction for child molestation can have long-lasting effects such as registering as a sex offender and restrictions on where person can live and work.
]]>Ponzi Schemes
A Ponzi scheme is a particular form of investment fraud where the organizers of the plan promise large, risk-free returns to investors but never engage in any legitimate investment activity. In this type of white collar crime, earlier investors are paid so-called returns out of the funds contributed by new investors. Ponzi schemes inevitably collapse when operators can no longer attract new investors and the funds owed to older investors dry up.
]]> Trevor Cook's Ponzi SchemeTrevor Cook of Apple Valley, pled guilty in April 2010 to charges of mail fraud and tax evasion for his role in organizing and conspiring with others in a plan that defrauded nearly 1,000 investors-mainly retirees-of over $150 million by promising 10.5 to 12 percent risk-free returns on investments in foreign currency from 2005-2008. Cook and his partners created several business entities as fronts for carrying out the scheme, including Oxford Global Advisors, Crown Forex SA and PFG.
Cook diverted investor funds, lied to Swiss authorities when one of his overseas entities was going bankrupt and used investor funds for gambling and personal purchases, including the Van Dusen mansion in Minneapolis, real estate in Panama as well as an interest in two investment firms.
Penalties For Conviction
A federal judge sentenced Cook to 25 years in prison in August 2010. Penttengill faces a maximum of ten years in prison for the money laundering charge and a maximum of five years in prison each for the conspiracy and securities fraud charges. Jason Bo-Alan Beckman, Gerald Joseph Durland and Patrick Kiley, the three other men charged in connection with Cook's activities, face a maximum of 20 years in prison for each of the wire and mail fraud charges. Jon Jason Greco, another associate of Cook's who pled guilty in July faces five years in prison when he is sentenced.
Minnesota and White Collar Crime
The Trevor Cook fraud is just the latest example of white collar crime making headlines in Minnesota. Authorities may bring charges against people they suspect of such activities under one of many state statutes dealing with fraud. However, federal authorities usually become involved when large amounts of money are involved.
State and federal authorities dedicate significant resources to prosecuting white collar crime cases. In 2010, the U.S. Attorney's office in Minnesota vigorously pursued several mortgage fraud and Ponzi scheme cases, dedicating about one third of the office's resources to such cases, announcing its intention to continue to do so.
]]>Federal investigators have tremendous resources at their disposal, including the ability to collaborate with other members of the interagency Financial Fraud Enforcement Task Force. Input from federal agencies and regulatory authorities, as well as state and local law enforcement, can lead to civil enforcement actions and an appearance before a federal grand jury.
Individuals who find themselves in the glare of a financial fraud investigation need immediate and comprehensive knowledge about their constitutional rights and legal options. The civil penalties and criminal consequences are far too big to ignore - in this case, both individuals are facing a maximum incarceration of several decades. Responding aggressively and assertively to overreaching charges or baseless suspicions can make a considerable difference in the severity of charges and the final legal outcome.
]]>America loves a villain and not since the trial of OJ Simpson has the nation's lust for blood more fervent than during the Casey Anthony trial. A Minnesota woman even drove to Orlando, Florida to witness the trial.
Our country was fed by reporters such as Nancy Grace, whose nightly indictments of "Tot Mom" created an image of an anonymous monster incapable of any human feeling. The press failed to objectively discuss the weight of the testimony and evidence and who instead made her conviction seem all but certain.
Since her acquittal on murder charges last week, Casey Anthony has quickly become one of the most despised women in America. A nation was convinced she was guilty of murdering her 2-year-old daughter, Caylee, and was ready to riot when she was acquitted. The court of public opinion may be against her, but they fail to understand the constitutional protections that lie beneath Anthony's acquittal.
]]> The Burden of Proof - Guilt Beyond A Reasonable DoubtThe reality is that we don't convict people in this country simply because we do not like them. We can only convict a person if we can be certain beyond a shadow of a doubt that the individual is guilty of the crime charged. This means that if there is another plausible and reasonable explanation we must acquit the person.
The framers of our constitution understood that it is not possible to convict every guilty person without necessarily convicting innocent persons as well. To reduce the chance of convicting persons by mistakes they drafted the 5th Amendment which states, "No person shall be deprived of life, liberty, or property, without due process of law." The 14th Amendment, incorporated over 75 years later, applied that same protection to the states.
In a concurring opinion of the famous United States Supreme Court case, In re Winship (1970), Justice Harlan recognized that there would always be a margin of error when applying this standard but reasoned that, "it is far worse to convict an innocent man than to let a guilty man go free."
Circumstantial Evidence
Direct evidence points directly to the culpability of a suspect. It is the proverbial 'smoking gun' in the suspect's hands. Circumstantial evidence on the other hand, is evidence gathered from surrounding circumstances which could lead a reasonable person to believe that an individual is responsible for the crime.
The prosecution was hampered by not having any direct physical evidence implicating Casey Anthony with her daughter's death. The case against Casey Anthony was built entirely on circumstantial evidence such as her lies to friends and family and her failure to report her daughter missing for over 30 days which reflected an incredibly immature and self-centered young woman. They were forced to rely on testimony of George Anthony, who testified to the 'smell of death' found in the trunk of Casey Anthony's car. The jury found his testimony unreliable.
The state could not show that the duct tape found near the little girl's body had ever been affixed to her face and nor could they produce any evidence showing the little girl had been drugged.
Weight of Potential for Death Penalty Not Lost on Jurors
The death penalty is the most severe of consequences and jurors do not take the responsibility of deciding whether someone could potentially be executed lightly. Because the consequences of a conviction are so extreme, jurors are less likely to convict when only circumstantial evidence is presented. The most famous exception to this trend was conviction of Scott Peterson for the murder of his wife Laci.
Still, the verdict could not have been easy for Casey Anthony jurors. Even though they were sequestered during the entire trial, they must have known the public expected a conviction. In the end, after reviewing all of the evidence presented, they found the prosecution had not proved their case beyond a reasonable doubt.
Although Minnesota abolished the death penalty in 1911, the consequences for a person convicted of a violent crime are still severe. An experienced criminal defense attorney can advise you of your rights.
]]>Courts Will Remain Open
According to the Star Tribune, Judge Bruce Christopherson ruled on Tuesday that courts must stay open to avoid "irreparable and inestimable" consequences. "If the courts are not funded, the basic, essential constitutional rights of the public would be unprotected and fail."
]]> New Laws Go Into EffectLaws approved by the legislature earlier this year will not be impacted by a government shutdown. The League of Minnesota Cities prepared a preliminary report at the end May, highlighting the laws that had already been enacted or changed to that point.
The following changes to laws will go into effect August 1st:
•· It is a gross misdemeanor to assault a postal worker, reserve officer, utility worker or police horse.
•· Intentionally harming or killing a public safety dog, like a K-9 police dog, will now be charged as a felony.
•· Anyone found guilty of harming or killing a public safety dog will have to pay restitution.
•· The crime against for fleeing a peace officer by motor vehicle and subsequently killing or severely injuring someone has been expanded to include situations where the offender abandons the motor vehicle and continues to try and escape by some other means.
•· Violations of no contact orders stemming from domestic abuse will require fingerprinting.
Some laws will be going into effect sooner. The legislature has made a point to decisively attack new manufactured methods of getting high. Designer drugs 2CE and 2C-I, as well as bath salts and plant food, which are popular forms of mephedrone, and finally synthetic cannabinoids, such as salvia, will all be listed as Schedule 1 controlled substances effective July 1st.
Timing is important when it comes to protecting your rights. If you are facing criminal charges you should speak with an experienced criminal defense attorney as soon as possible.
]]>Mortgage Fraud, and the McDavids' Case
Mortgage fraud involves the intentional misrepresentation of material information in efforts to obtain a mortgage. There are many different kinds of mortgage fraud, for example, inflating values of real property to secure a loan, using deception to take out mortgages on homes that do not actually exist, or even simply lying by an individual on a mortgage application.
The McDavids were involved in a scheme that helped "straw buyers" obtain at least 25 properties by falsifying their assets and employment information on loan applications. The buyers were given funds to apply toward the price by the McDavids, which convinced financial institutions that the straw buyers had the intention to repay their loans. The buyers, however, had no interest in paying back the loans; they were promised (but never given) a fee by Ericvan McDavid for their participation in the scam. Instead of using the mortgage loan proceeds to pay off the properties, the McDavids converted the money to personal uses, ultimately leading to a $9.2 million loss for the lending institutions. Both siblings pleaded guilty in Minneapolis federal court, and are awaiting sentencing.
]]> Possible PenaltiesThe severity of sentences for mortgage fraud can vary widely based on the number of occurrences and the value of the illegally obtained mortgages. The crime can be charged at the state level, but federal courts are generally able to impose far more oppressive penalties. The Fraud Enforcement and Recovery Act ("FERA") became federal law in 2009. In addition to expanding the reach of federal authorities in enforcing mortgage fraud laws, FERA provided for substantially heightened sentences for offenders: under FERA, a mortgage fraud conviction can result in as much as a $1 million fine and a stunning 30 years behind bars.
Clearly, mortgage fraud is a very serious offense. Anyone even tangentially involved in an improper mortgage operation is in serious personal jeopardy, and should contact an experienced attorney as soon as possible.
]]>On March 14, 2011, Emory pled guilty to the lesser charge of "unlawful posting of an Internet message with aggravating circumstances" to avoid the potential 15-year prison sentence and sexual offender registration that could have come with a conviction on the original charge. While Emory's case was in Michigan, Minnesota has similarly severe laws to limit the proliferation of pornographic images depicting children.
]]> Minnesota Laws Prohibiting Child PornographyAs set forth in Minnesota Statutes Annotated (MSA) § 617.247.1 et. seq., it is a crime to possess, manufacture or disseminate material that "depict[s] sexual conduct which involves minors or appears to involve minors."
Dissemination/distribution charges involve more serious penalties than possession charges, including:
Possession of child pornography is still a felony-level charge, however. It is punishable by:
Other Penalties
Of course, a conviction on any of these child pornography-related charges also comes with mandatory registration on the state's sex offender list. For many people, this is the consequence with the biggest impact on their lives - registration can be for one year, 10 years or even for life - and its effects can influence housing choices, can result in loss of job opportunities and could even make getting education funding more difficult.
With such serious consequences for any child pornography conviction, those facing charges need to mount an aggressive defense. If you have been charged or are being investigated, contact an experienced criminal defense attorney in your area to learn more about your legal rights and options.
]]>They also know that keeping you informed about the legal process will help you make better decisions about your own case. This Blog page is intended to serve as a forum for discussing case law and relevant court decisions in the legal areas of criminal defense such as DUI, drug crimes and white collar crimes. Periodically, Groshek Law will update the information and Blog topics, so please return often to see their most current post and comments.
Groshek Law has always placed an emphasis on personalized attention and responsiveness to their clients' concerns. Your input means a lot and they take your comments seriously. You are invited to provide your feedback about this and future Blog posts on this page. Thank you for visiting. Call Groshek Law at 612-424-5829 or contact them by e-mail to discuss your specific legal need today.
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