Technorati
November 24th, 2009 by Brian ZeigerEZX5DB756S2F
Police-panel investigator vows to fight misconduct rap
November 7th, 2009 by Brian ZeigerWe were interviewed by the Daily News regarding a police panel investigator vowing to fight a misconduct rap. The following is the article:
“Police-panel investigator vows to fight misconduct rap
As chief investigator of the Police Advisory Commission, Wellington Stubbs II sleuths to uncover police misconduct.
But last week, Stubbs found himself at the center of his own misconduct scandal, when City Controller Alan Butkovitz accused him of violating city residency requirements by living in New Jersey and failing to fully disclose outside income as the city requires.
Yesterday, Stubbs, through his attorney, vowed to fight the accusations when he attends a still-unscheduled disciplinary hearing at which he faces termination.
“We deny [the charges] categorically,” his attorney, Brian J. Zeiger, said.
Butkovitz accused Stubbs of maintaining his primary residence in South Jersey, noting that investigators saw him at least 14 times at a Camden County home owned by his wife.
Stubbs, a city employee since 2002, says he lives in Southwest Philadelphia.
The controller also reported that Stubbs’ vehicle has New Jersey tags and insurance, that he receives mail in New Jersey and that he certified New Jersey as his primary residence on mortgage-refinancing paperwork.
He also held a second job in New Jersey for seven years for which he listed the Garden State as his home state, according to the report.
“The violations are so egregious and so accumulative that it’s just completely implausible to make an argument that he forgot [to report the outside income],” Butkovitz said.
Still, Zeigler maintains that Stubbs is guilty only of “being a good father” to his two elementary-school age children, including a special-needs daughter.
“He and his wife are separated. He’s taking care of his family, who live in New Jersey [with their mother],” Zeiger said. “He goes and visits the kids often - that’s normal; there’s nothing illegal about that. That’s what we want people to do in our society.”
Zeiger acknowledged that Stubbs’ name is on some New Jersey records, but only because his children live there. Stubbs also has utility bills proving his residency in Southwest Philly, he added.
The Controller’s Office gave its findings to the city Managing Director’s Office for review. City officials didn’t respond to requests for comment yesterday.
Stubbs’ case is one of 20 residency investigations the Controller’s Office has conducted in the past year, spokesman Harvey Rice said.
Ten remain under investigation, four were deemed unfounded, five resulted in terminations and one (Stubbs’ case) is listed as pending, Rice added.”
Federal Presidential Pardon
November 2nd, 2009 by Brian ZeigerWhen convicted of a federal crime, you can ask to be pardoned for your crimes, but only from the President of United States of America. The pardon application goes through the Department of Justice through the office of the Pardon Attorney.
The President has the power to grant amnesty, commute a sentence, or grant a full pardon for any offense against the United States. However, the President cannot pardon a person for an offense committed against a state. Amnesty means that you are immune from prosecution for a specific act. The best example, would be granting amnesty to all people who peacefully resisted being drafted for a war they opposed. In that instance, if the government was about to charge draft dodgers with a crime, the president could grant amnesty to all of those people.
A commutation is where the President does not remove the record of the conviction, but removes all of part of a sentence. An example of this is when I. Lewis “Scooter” Libby was convicted of crimes, he received a sentence of 30 months in jail. Then President George W. Bush commuted the sentence. In that instance, Libby still remains a convicted felon.
A pardon full removes the conviction, and reinstates all rights of the individual to their rights as they were before the prosecution that caused them to be convicted.
Clemency is a word used to describe the entire umbrella of pardons, commutations and amnesty.
Defensive Weapons In Pennsylvania
October 25th, 2009 by Brian ZeigerIn Pennsylvania, you can carry a weapon for defensive purposes, but you cannot carry every type of defensive weapon even if your intent in carrying it is solely for defensive purposes. Also, if some is injured as a result of your actions, you could be prosecuted not just for the weapon, but also for assault.
Some weapons in Pennsylvania are called Prohibited Offensive Weapons, and if the weapon you possess meets any of the definitions below, you cannot carry the weapon even for defensive purposes. Further, note in the definitional section below the of the actual offensive weapons, that a blackjack and a spring loaded weapon are both mentioned. Many defensive weapons fit a combination of these two and are therefore not allow.
The following picture is an example of a spring loaded baton, and the statute follows.
Spring Loaded Baton
A POW is defined below:
§ 908. Prohibited offensive weapons
(a) OFFENSE DEFINED.– A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
(b) EXCEPTIONS.–
(1) It is a defense under this section for the defendant to prove by a
preponderance of evidence that he possessed or dealt with the weapon
solely as a curio or in a dramatic performance, or that, with the
exception of a bomb, grenade or incendiary device, he complied with the
National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed
it briefly in consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any intent or
likelihood that the weapon would be used unlawfully.
(2) This section does not apply to police forensic firearms experts or
police forensic firearms laboratories. Also exempt from this section
are forensic firearms experts or forensic firearms laboratories
operating in the ordinary course of business and engaged in lawful
operation who notify in writing, on an annual basis, the chief or head
of any police force or police department of a city, and, elsewhere, the
sheriff of a county in which they are located, of the possession, type
and use of offensive weapons.
(3) This section shall not apply to any person who makes, repairs,
sells or otherwise deals in, uses or possesses any firearm for purposes
not prohibited by the laws of this Commonwealth.
(c) DEFINITIONS.– As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Firearm.” Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
“Offensive weapons.” Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
(d) EXEMPTIONS.– The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
(1) Police officers, as defined by and who meet the requirements of the
act of June 18, 1974 (P.L. 359, No. 120), referred to as the Municipal
Police Education and Training Law.
(2) Police officers of first class cities who have successfully
completed training which is substantially equivalent to the program
under the Municipal Police Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have
satisfactorily met the requirements of the Municipal Police Education
and Training Law.
(5) Police officers employed by the Commonwealth who have
satisfactorily met the requirements of the Municipal Police Education
and Training Law.
(6) Deputy sheriffs with adequate training as determined by the
Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the
requirements of the Municipal Police Education and Training Law.
Early Termination of Parole or Probation & Early Parole
October 25th, 2009 by Brian ZeigerEarly Termination of Parole and Probation & Early Parole. Parole is the part of a sentence that is the when a person is released from custody but has not maxed their sentence. An example of this concept is where a person is given a sentence of 6-23 months in the county. After 6 months passes, the person is paroled. That means the person is on parole for the next 17 months. During parole, the must report to an officer to ensure their behavior is good.
Probation is where the sentence, or part of the sentence, is for the person to remain on the street, but to report to an officer to ensure their behavior is good.
If someone is in jail serving their sentence and they want to get out of jail earlier then their minimum date, or they haven’t been paroled at their minimum date, you can file a petition with the sentencing judge called an early parole petition and ask the judge to allow the person to be paroled earlier then had been intended.
If someone is on the street on probation or parole, you can file a petition with the judge for early termination of the probation or the parole.
Note that these petitions are only filed when the sentencing power is with the state court judge and not with the Pennsylvania Department of Corrections. Also, note that parole petitions are usually granted when someone has been in jail, been on good behavior, completed all of the classes they are supposed to complete, and have served their minimum. Also, early termination of probation petitions are usually granted when someone got a very long probation tail to their initial sentence and during the course of the probation they have truly changed their lifestyle, paid all of their fines and costs, paid all restitution, and can show the judge that they are truly worthy of being released from supervision.
Pardon
September 4th, 2009 by Brian ZeigerIn Pennsylvania, if you are convicted of a felony or a misdemeanor, you can not get your record expunged, you must get a pardon. A pardon is sometimes referred to as clemency. If someone is in custody serving a death sentence, they can ask to have their sentence commuted to a life sentence. If someone is serving a life sentence or a sentence to a term of years, you can ask to have your sentenced commuted, you would be released but have the conviction remain.
To get a pardon, comutation or clemency in Pennsylvania, you must fill out an application. After the application, you must wait to hear if you get a hearing. At the hearing you must get three yes votes to get a recommendation for the pardon or commutation.
In reviewing a case for a pardon, I consider four factors. The first three are: why does the person need a pardon, why does the person deserve a pardon, what has the person done to give back to society.
The fourth factor is the individual’s view of the crime that occurred. The individual can say either that the crime occurred and accept full responcibility for the act, or in the alternative deny the act and have the crime reinvestigated. Obviously, the latter would be exceedingly difficult to show.
Disorderly Conduct can be a Misdemeanor or a Summary offense
August 21st, 2009 by glevin@hlzlaw.comI have spoken to many people who are confused about why they are charged with a misdemeanor when their only offense is disorderly conduct. The simple answer is the gradation of the offense depends on how disorderly you were. A person is generally guilty of disorderly conduct if “with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or (4)creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.”
The gradation for the above described activity is as follows “An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substaintial harm or serious inconvenience, or if he persists in disorderly conduct after reasonble warning or request to desist. Otherwise disorderly conduct is a summary offense.“
In my experience people are almost always charged with disorderly conduct as a summary. The times where I see the commonwealth pursue the misdemeanor is when the defendant’s behavior is extraordinary or where it is done in a highly populated public area. It is difficult to cause substantial harm or serious inconvenience when you are by yourself or with only a small group of people. I hope this helps clear up some of the confusion.
Fugitive from Justice - Extradition
August 20th, 2009 by Brian ZeigerIf you are in Pennsylvania and you are wanted in another state, you could be extradited to that other state. If you are picked up by the police, you will be processed and arrested for Fugitive from Justice (”FOJ”). Pennsylvania is one of the only states in the country that sets bail on FOJ cases. That is a good thing because many states set no bail on these cases and therefore the person stays in jail the entire time they are awaiting extradition.
Once the person has been charged with FOJ, the Philadelphia court system gives the extraditing state 90 days to produce a governor’s warrant. If there is no governor’s warrant the case is dismissed. If a governor’s warrant is produced, a judge in Philadelphia then holds a hearing to determine whether the defendant is the person who is wanted in the warrant. If the judge determines that the person on the governor’s warrant is not the defendant on the FOJ, the case is dismissed.
If the judge determines the person on the governor’s warrant is the defendant, the judge will order the person held for 30 days or until the other states comes in and picks-up the defendant to effect the extradition.
ARD & Expungements
August 19th, 2009 by Brian ZeigerIf you get ARD (Accelerated Rehabilitative Disposition), you successfully complete ARD, and you get a certificate of completion for ARD, you can have your the record of your arrest expunged unless your case is of a sexual nature.
If you had ARD and did not successfully complete the program, you may still be eligible for an expungement. Often the only reason a person’s ARD looks incomplete is that there is an outstanding fine or cost that the person did not know even existed. in that instance, you can still have an expungement.
When ARD is the final disposition of the case, we can almost always figure out a way to get the matter expunged. Always remember that arrests alone still come up in NCIC which is the data base used by the FBI. Therefore, any employer that uses a database for record checks based on the NCIC, will see your arrest even if you had ARD and were never convicted.
Money on the Books at the Prison
August 19th, 2009 by Brian ZeigerAt the local prisons in Philadelphia county, defendants want money on their books. By local I mean the CFCF, DC, HOC, PICC, Riverside, ASU, or the Cannery. The term “money on the books” is used because prisoners are not allowed to have actual cash on their person, so each inmate has an inmate account. In fact, cash is considered contraband and not allowed by the prison.
There are three ways that you can put money on the books:
1. Go to the prison with cash and have the cash put on the books of the inmates. You must have the defendat’s Police Photo Number (PP#).
2. Go to the prison with a money order from the United States Post Office. Again you must have the defendant’s PP#.
3. You can mail a money order from the Post Office, but it must contain the name and PP# of the defendant.
In addition to the above, sometimes we have clients that have money to pay their bail or to put on their books, but the bank account is only in the defendant’s name. There is a procedure for getting a power of attorney so that someone else can go to the bank and withdraw the funds to either pay bail or put money on the books. While the procedure can be somewhat complicated, we have done it successfully for several
