Criminal Defense Lawyer Blog

Archive for November, 2009

Technorati

Tuesday, November 24th, 2009

EZX5DB756S2F

share save 171 16 Technorati

Police-panel investigator vows to fight misconduct rap

Saturday, November 7th, 2009

We were interviewed by the Daily News regarding a police panel investigator vowing to fight a misconduct rap. The following is theĀ  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.”

share save 171 16 Police panel investigator vows to fight misconduct rap

Federal Presidential Pardon

Monday, November 2nd, 2009

When 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.

share save 171 16 Federal Presidential Pardon
Copyright © 2012 Levin & Zeiger, LLP. All rights reserved. Review our disclaimer.
Website by Legal Internet Solutions Incorporated.
The Offices of Levin & Zeiger LLP, 123 S Broad St, Ste 1200, Philadelphia, PA 19107 v: 215.825.5183 f:215.279.8702