September 2012 Archives

Missouri Meth Making Lands Man Behind Bars

September 29, 2012, by Gary J. Lauber

A St. Louis alderwoman has begun pushing a new law which will require that people get a prescription for cold and allergy pills containing pseudoephedrine, a decongestant commonly used to make methamphetamine.

Democrat Jennifer Florida has said that a recent discovery of two meth labs in her district prompted her concern. While these labs are typically found only in rural areas, the city of St. Louis increasingly is facing problems associated with meth manufacturing. Florida co-sponsored a similar measure back in 2010 but it never even received hearing. Now, times have changed and approximately 70 Missouri communities currently require prescriptions for pseudoephedrine products. Despite this movement, state lawmakers have so far failed to pass a statewide prescription-only law.

The issue of increased meth lab activity was highlighted recently after two fires occurred in Franklin County, Missouri. The fires happened at the end of last month and were the result of meth labs. One fire erupted at a motel in Stanton, forcing the entire complex to be evacuated. The lab was tiny, consisting only of one pot found in a freezer in the room. One man connected with the lab was arresting but charges have not yet been filed. Only a week later a fire ripped through a vacant home in Labadie, Missouri and investigators later discovered a one-pot meth lab that was deemed responsible.

As other street drugs become harder to get, homemade small meth labs are springing up across Missouri and police are anticipating increased meth raids in the future. If the men involved in the recent incidents have no yet retained an experienced criminal defense attorney, they need to do so immediately. The charges against them are very serious and the penalties they will now be facing are severe. Their defense should not be left in the hands of inexperienced attorneys, but instead the capable hands of skilled criminal defense professionals.

If you've had a run in with the law and find yourself in need of a St. Louis criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "St. Louis alderwoman wants anti-meth law," by The Associated Press, published at SacBee.com.

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St. Louis Appoints First Animal Abuse Investigator

September 27, 2012, by Gary J. Lauber

Officer Louis Naes, a veteran of the force for the past nine years, has become the city's first animal abuse investigator and a member of the new Animal Abuse Task Force. The task force is a collection of interested organizations and includes the circuit attorney's office, mayor's office, the health department and Stray Rescue of St. Louis.

Designating a police officer to work solely on cases of animal abuse is pretty rare across the country, and comes at a somewhat odd time given the current crime problems the city is facing. The St. Louis Police Department is in the midst of shifting resources to respond to a 19% increase in aggravated assaults with firearms yet has decided to dedicate one experienced officer to animal cases. Though some have questioned the decision, others believe it is a smart move.

Experts believe that there is a direct relationship between animal crimes and domestic violence crimes, both of which involve criminals who view their victims merely as objects. People who abuse animals often go on to commit crimes against people, law enforcement officials say, which is why the police department is expending the resources to dedicate an officer to animal abuse cases full time.

Currently, in St. Louis, all cases involving neglect or stray dogs are handled in municipal courts. More severe cases involving animal cruelty are handled in state courts. The new officer, Louis Naes, is expected to spend most of his time investigating cases where dogs have been shot and left to die. Though this may seem uncommon, the department says such calls come in weekly and sometimes even on a daily basis.

Over the next few weeks police officials have said that billboards will be placed around town in problem areas warning residents of the seriousness of such animals crimes. The billboards will show Officer Naes holding a pair of handcuffs with the tagline, "Wake Up St. Louis: Abuse an animal, lose your freedom."

While officials say that animal abuse can be a strong indicator of other criminal behavior, it is of some concern that the police might presume someone is guilty of more than one crime if they have neglected or abused an animal. It's for this reason that if you or someone you care about is being investigated or has been charged with animal cruelty you will need an experienced defense lawyer to protect your legal rights. Animal cruelty charges can carry serious penalties including jail time, heavy fines and a permanent criminal record.

If you or someone you know has been charged with a crime in the St. Louis area contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "St. Louis police to dedicate police officer to animal crimes," by Christine Byers, published at STLToday.com.

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Recent incident shows that Missouri bank robbery doesn't pay

Recent incident shows that Missouri bank robbery doesn't pay

September 11, 2012, by Gary J. Lauber

According to a recent article in the Huffington Post, the FBI is on the hunt for a serial bank robber thought to be responsible for heists in eight states, most recently two in Columbia and St. Louis, MO.

The man has been dubbed the "Bucket List Bandit" after he passed a note to a teller claiming he had only months to live. Law enforcement officials have said the specific wording of the note is not known because the bandit took it back. It wasn't clear if the bandit wanted the money for medical care or for spending money during the course of his final few months of life.

Thankfully, no one has been hurt in any of the robberies and officials are keeping quiet about how much money the man has gotten away with. Turns out before embarking his bank-robbing spree, the man should have stopped to consult with the economists at the Royal Statistical Society and American Statistical Association. The two groups recently published a study on the economics of bank robbery and determined the crime doesn't pay off in the end.

The researchers looked at the average loot from a bank robbery in the U.K. over a three-year period and found it came to only $31,786. Maybe not terrible, but not much given the risk associated with the crime. The researchers went further; determining that there were on average 1.6 robbers involved in each heist, which meant the total per robber came to only $19,865.

The numbers were even worse for American criminals, with the average robbery netting criminals only $4,330. Going one step further shows just how bad a decision bank robbery actually is. The group says that a full one third of attempted bank robberies failed, often resulting in lengthy prison terms, thus further diminishing any expected payout. The conclusion is clear: you're better off sticking with minimum wage jobs and avoiding the terrible cost of losing your freedom.

If you or someone you know has been charged with a crime in the St. Louis area contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "'Bucket List Bandit' Sought By FBI," by Jim Salter, published at HuffingtonPost.com.

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Several New Laws Take Effect Across Missouri

September 9, 2012, by Gary J. Lauber

As anyone who pays attention to the news this year likely realized, legislators kept themselves busy in 2012 passing a host of new measures. These bills all took affect on Tuesday, August 28, 2012. For a quick rundown on what to expect, here is some info on some of the state's new laws:

Disturbing Worship:

This odd law makes it a misdemeanor to intentionally disturb or interrupting a "house of worship" with profanity, rude or indecent behavior or noise that breaks the solemnity of the service. Penalties could include up to six months in jail and a $500 fine. However, this provision is currently facing a battle in federal court of claims that the law infringes on free-speech rights.

Cocaine:

This law aims to reduce the disparity in sentences for crimes involving crack cocaine and powder cocaine. The new law reduces Missouri's 75-to-1 disparity ratio in sentencing for the two types of cocaine to a ratio of about 18-to-1. Under prior law, a smaller quantity of crack cocaine could trigger the same sentence as a larger quantity of powder cocaine.

These changes were prompted by a change in federal law back in 2010 which educed a 100-to-1 sentencing ratio between the two drugs. Pressure was on in Missouri to eliminate the sentencing disparities the state has had on the books for decades.

Criminal Sentencing:

The passage of this bill allows people convicted of certain nonviolent crimes to shorten their time under the supervision of probation or parole offices by good behavior. Also gives probation and parole officers new authority to order offenders to short jail stays for minor violations, and allows judges to impose 120-day shock sentences behind bars as an alternative to potentially longer prison stays for probation or parole revocations.

Supporters of the law say that the options are designed to steer nonviolent offenders away from long-term prison sentences and toward treatment services.

Driving:

Expands an existing law requiring drivers to move over a lane for stopped emergency vehicles by adding Missouri Department of Transportation vehicles.

If you've had a run in with the law and find yourself in need of a St. Louis criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "Drivers must move over for MoDOT vehicles as new Missouri laws go into effect," by St. Louis Post-Dispatch, published at STLToday.com.

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Need to record the police? There's an app for that

September 6, 2012, by Gary J. Lauber

According to a recent report on the Huffingtont Post, a civil rights group is trying to turn the tables on police. The New Jersey Branch of the Americans Civil Liberties Union (ACLU) has created a new app that will allow users to discreetly monitor and record police activity. The mobile phone program is designed to hold police officers accountable for their behavior while interacting with the public.

The app, dubbed "Police Tape," allows people to securely and inconspicuously record interactions with police officers. Currently the app is only available on Android devices, but another version for the iPhone will be released later in the summer. The ACLU says the device will act as a critical tool for monitoring the actions of law enforcement officers.

The ACLU's New Jersey executive director, Deborah Jacobs, said, "Too often, incidents of serious misconduct go unreported because citizens don't feel that they will be believed." She says this app should go a long way to remedying that worry.

Unlike most, if not all, recording apps, "Police Tape" disappears from the screen once it has been launched, reducing the likelihood that a police officer will notice that the device has been engaged. The app also allows users to electronically transmit the file to the ACLU for safekeeping and review. The program also contains legal information concerning the rights of citizens when confronted by police.

The recent announcement follows not far behind another app by the New York branch of the organization called "Stop & Frisk Watch." The app does much the same thing, allowing citizens to clandestinely tape the NYPD police during a stop and relay the information to the local branch. According to the New York Amsterdam news, over 2,000 videos have been sent in thus far. Unlike "Police Tape," when "Stop-and-Frisk Watch" is activated, it also triggers an alert to warn nearby users that a police stop is happening.

When recording police officers it's critically important to know the law in your state. In Missouri, as long as one party consents to the recording (yourself) you are allowed to record police, as long as you don't physically interfere with their work. Most states have similar rules, in fact, according the Reporters Committee For Freedom of the Press, Massachusetts is the only state to uphold a conviction for recording on-duty police. Even so, it's important to remember to be polite and don't attempt to incite officers.

If you've had a run in with police and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "ACLU Police App Lets People Police The Police," by David Moye, published at HuffingtonPost.com.

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Missouri Court Says Initial Refusal Not Enough To Justify License Revocation

September 4, 2012, by Gary J. Lauber

This case involved an appeal by the Department of Revenue of a judgment to set aside the revocation of Alicia Lynn McKay's driver's license. The Department of Revenue claims that McKay's refusal to submit to a breath test negates her voluntary decision to submit to a blood test and constitutes a refusal as found in Missouri law. The Missouri Court of Appeals for the Western District disagreed, supporting the lower court's decision to overturn McKay's license revocation.

The officer in this case, Ralph Wheeler, pulled McKay over for speeding back in February of last year. McKay failed the field sobriety test and, based on what he observed, Officer Wheeler took McKay into custody on suspicion of DWI. McKay was taken to the police station and read her rights and asked to submit to a breath test, a request she refused. Wheeler informed McKay she would be taken to a hospital for a blood test, at which point McKay said she wanted to speak to an attorney and she spent the next 20 minutes unsuccessfully attempting to get in touch with her lawyer. McKay was again asked to submit to a breath test and she refused. McKay was then driven to the hospital at which point she agreed to a blood test.

McKay later received notice from the Department of Revenue that she would have her licensed revoked based on her refusal to submit to a breath test and for having excessive blood alcohol content as determined by the blood test. McKay objected, saying that she had not refused testing of her BAC. The lower court agreed and found that McKay giving the blood sample was sufficient to avoid being found to have refused testing.

In Missouri, thanks to the state's Implied Consent Law, drivers on public roads are deemed to have consented to a chemical test of their breath, blood, saliva or urine for the purpose of determining the alcohol content of their blood. Drivers are allowed to revoke their consent and refuse to submit to such testing, but if that happens then the person's driving privileges are subject to revocation for one year.

The Department of Revenue here claims that the officer's ability to eventually get McKay to agree to the blood test has no bearing on whether her license can be revoked for her earlier refusal to submit to breath testing. They say that the two events are separate and that even if her blood alcohol level was eventually able to be determined thanks to subsequent testing, her initial refusal was enough to justify the revocation of her license. The Court of Appeals disagreed.

The Court says that the fact a voluntary test of McKay's blood was conducted, allowing proper chemical testing, means that McKay cannot be said to have refused such testing. The Court held that where the driver's BAC is determined through consensual, warrantless testing, even if the driver first refuses the test, the purpose of the Missouri law has been fulfilled. As such, the Department of Revenue cannot have it both ways: on the one hand getting a chemical test of a person's blood without a warrant, and on the other, accusing the person of refusing to submit to just such a test.

If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

To read the full opinion, click here.

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St. Louis Crime Lab Falls Further Behind

September 2, 2012, by Gary J. Lauber

According to recent and very troubling report out of the St. Louis Post-Dispatch, drug cases in the area are met with a 6-8 month delay in the lab. The county lab is located in Clayton and services every police department in the county, a few federal agencies, and the Major Case Squad. The problem appears to be too much work and too few resources to handle it.

In 2009, the St. Louis lab tested 716 drug cases. This year, so far, they've analyzed 2,989 cases. That represents an alarming jump, and the year is only slightly more than halfway done. The influx of cases can partially be tied to increasing enforcement by police who are interested in cracking down on drug crimes. Also, the staff of the lab has been cut due to budget issues which is putting strain on those left behind.

Though increasing the staff is the long-term goal, in the meantime, officials have asked prosecutors to only order tests on cases they actually plan to prosecute. Previously, every suspected drug confiscated by local law enforcement would come through the lab, this despite the fact that prosecutors typically do not pursue charges in 40% of the cases. The wasted tests represented an enormous and unnecessary expenditure of both time and money.

Officials have said they are also considering field test kits for police. Lab tests would still be needed, but a field test would be enough probable cause to go forward with charges while they wait for confirmation from the lab. This would allow defendants to get into treatment or discuss a plea bargain in the meantime, rather than be held in limbo while out on bond.

The problem is unfortunately not just a local one. The Bureau of Justice Statistics recently released the results of a 2009 national survey of publicly funded crime labs. Their findings were very worrisome for those whose future rests on the results of the tests:

• During 2009, the 411 federal, state, county and municipal labs operating that year received over 4 million requests for a wide range of forensic services. • At the end of 2009, the nation's publicly funded crime labs had an estimated backlog of 1.2 million requests for forensic services, which was relatively unchanged from the backlog at yearend 2008. • Of the 1,153,700 backlogged requests at the end of 2009, "forensic biology" (mostly DNA) was the main driver, with 494,400 offender/arrestee samples waiting to be processed, and 399,300 backlogged requests relating to investigating criminal cases. That's 77.5% of crime lab backlogs attributed to "forensic biology." Controlled substance testing registered the third largest portion of the backlog, with 121,800 pending requests.
The problem is a big one as defendants have a constitutional right to a speedy trial and if an accused person cannot afford to post bail, long delays in processing evidence lead to a protracted period waiting in jail for a trial. Defendants whose rights are compromised by a long wait to process evidence may even feel compelled to plea bargain and accept responsibility for crimes they did not commit, just to hurry the process along and get out of jail sooner.

In circumstances like these, individuals accused of crimes need the advice of an experienced criminal defense attorney. If you find yourself in need of a Missouri criminal defense lawyer capable of aggressively protecting your interests, contact our St. Louis criminal defense law firm today at (314) 863-0500.

Source: "Crime Lab Backup Hinders Missouri Drug War," by Christine Byers, published at Officer.com.

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