A Weston teenager was ordered held on $50,000 cash bail yesterday on charges of drunken driving and leaving the scene of an accident in allegedly striking a Boston College senior with his parents’ sport utility vehicle as she crossed a street on the Chestnut Hill campus early Sunday.
The victim, Bethany Pfalzgraf, 21, of Londonderry, N.H., was upgraded from serious to good condition yesterday at Beth Israel Deaconess Medical Center in Boston, where she is being treated for serious injuries, prosecutors said.
Benjamin Knott, 18, is accused of hitting Pfalzgraf shortly after 12:30 a.m. on Thomas More Road in Brighton, then fleeing to a parking lot on campus, where BC police spotted him examining the front-end damage to the Toyota and alerted State Police, authorities said.
Knott told State Police he had been visiting a friend on campus and had “a few drinks’’ and then blew 0.18 and 0.20 on Breathalyzer tests, Assistant District Attorney Michael Callahan said in court. In Massachusetts, where the drinking age is 21, the legal limit is 0.08 for adults, and an even more stringent 0.02 for drivers under 21.
Witnesses heard the crash, saw a vehicle leave, and observed Pfalzgraf unconscious on the street. They later identified the Toyota Land Cruiser driven by Knott as the one that had struck the young woman, police said.
Knott pleaded not guilty at his arraignment in Brighton District Court to operating under the influence of alcohol, causing serious bodily injury, reckless operation of a motor vehicle, and leaving the scene of an accident causing personal injury.
He was ordered held on $50,000 cash bail by District Judge Eleanor C. Sinnott.
“He and his family wish the best for the person who was struck,’’ said Boston attorney Thomas Drechsler, who represents Knott. “The allegation here is it was a very bad, slippery, icy evening.’’ He described Knott as “a fine young man who’s had a good educational track record.’’
Source
Friday, January 15, 2010
Monday, December 28, 2009
Minnesota Supreme Court says bong water can count as an illegal drug
MINNEAPOLIS — In Minnesota, bong water can count as an illegal drug.
That decision from Minnesota’s Supreme Court on Thursday raises the threat of longer sentences for drug smokers in that state who fail to dump the water out of bong — a type of water pipe often used to smoke drugs
The court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.
Lower courts had held that bong water is drug paraphernalia. Possession of that is a misdemeanor crime.
The case involved a woman whose bong had about 2½ tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.
Source
That decision from Minnesota’s Supreme Court on Thursday raises the threat of longer sentences for drug smokers in that state who fail to dump the water out of bong — a type of water pipe often used to smoke drugs
The court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.
Lower courts had held that bong water is drug paraphernalia. Possession of that is a misdemeanor crime.
The case involved a woman whose bong had about 2½ tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.
Source
Tuesday, December 15, 2009
Guilty plea entered in crash killing officer
Raymond E. Jamison Jr., the drunken driver who pleaded guilty Wednesday to causing the early-morning accident that killed a Buffalo police officer July 24, has been grief-stricken “from the day this happened,” his attorney said.
After Jamison, 22, of Fairlane Drive, Boston, pleaded guilty to criminally negligent homicide and misdemeanor drunken driving, attorney Andrew C. LoTempio said his client is cooperating with insurance companies and has begun alcoholism counseling at Erie County Medical Center.
LoTempio said he hopes Erie County Judge Michael F. Pietruszka imposes a “far lesser” prison term than the four years Jamison could get in the death of Officer Jose A. Colon.
Jamison rammed the off-duty officer’s SUV on the southbound Niagara Thruway at about 4 a. m. in a crash that also injured two of Jamison’s passengers.
After a 30-minute conference during which the judge refused to indicate his sentencing preferences, Jamison pleaded guilty to the two charges as well as to two counts of vehicular assault for the injuries to his passengers.
A 12-year police veteran, Colon, 39, was driving home to Orchard Park after a day working on the department’s Mobile Response Unit when Jamison slammed into his car from behind near the Clinton Street ramp. Colon was pronounced dead about nine hours later in ECMC. Two of Jamison’s passengers, Steven E. Pelc, 21, and Melissa Marshall, 19, required medical treatment.
Jamison remains free on bail pending his Jan. 21 sentencing.
Mark John Grisanti, the Colon family attorney, said that while Jamison allegedly is cooperating with insurance companies, a civil suit could be filed by the family.
Following the plea proceeding, LoTempio stressed that Jamison “has accepted full responsibility and he feels horrible” about what LoTempio described as an accident that might have occurred even if his client hadn’t been drunk.
Before Jamison was allowed to leave court, the judge warned him not to drive or drink pending his upcoming sentencing.
Source
After Jamison, 22, of Fairlane Drive, Boston, pleaded guilty to criminally negligent homicide and misdemeanor drunken driving, attorney Andrew C. LoTempio said his client is cooperating with insurance companies and has begun alcoholism counseling at Erie County Medical Center.
LoTempio said he hopes Erie County Judge Michael F. Pietruszka imposes a “far lesser” prison term than the four years Jamison could get in the death of Officer Jose A. Colon.
Jamison rammed the off-duty officer’s SUV on the southbound Niagara Thruway at about 4 a. m. in a crash that also injured two of Jamison’s passengers.
After a 30-minute conference during which the judge refused to indicate his sentencing preferences, Jamison pleaded guilty to the two charges as well as to two counts of vehicular assault for the injuries to his passengers.
A 12-year police veteran, Colon, 39, was driving home to Orchard Park after a day working on the department’s Mobile Response Unit when Jamison slammed into his car from behind near the Clinton Street ramp. Colon was pronounced dead about nine hours later in ECMC. Two of Jamison’s passengers, Steven E. Pelc, 21, and Melissa Marshall, 19, required medical treatment.
Jamison remains free on bail pending his Jan. 21 sentencing.
Mark John Grisanti, the Colon family attorney, said that while Jamison allegedly is cooperating with insurance companies, a civil suit could be filed by the family.
Following the plea proceeding, LoTempio stressed that Jamison “has accepted full responsibility and he feels horrible” about what LoTempio described as an accident that might have occurred even if his client hadn’t been drunk.
Before Jamison was allowed to leave court, the judge warned him not to drive or drink pending his upcoming sentencing.
Source
Saturday, November 28, 2009
Driver pleads guilty in death of off-duty officer
Raymond E. Jamison Jr., a Town of Boston construction worker, pleaded guilty today to criminally negligent homicide and drunk driving in the death of an off-duty Buffalo police officer on the Niagara Thruway early on July 24.
Officer Jose A. Colon's SUV was rammed from behind by Jamison about 4 a.m. on the southbound I-190, just before the Clinton Street ramp. The crash also injured two of Jamison's four passengers.
Erie County Judge Michael F. Pietruszka refused to give Jamison a sentencing commitment on his plea to single counts of criminally negligent homicide, misdemeanor drunken driving and two felony counts of vehicular assault for the injuries to his two passengers.
With no objection from Kelley A. Omel, chief of the district attorney's Vehicular Crimes Unit, the judge let Jamison remain free on $50,000 previously posted bail pending his Jan. 21 sentencing.
Jamison, 22, of Fairlane Drive, faces a possible prison term of up to four years. But defense attorney Andrew C. LoTempio said after the plea proceeding that he hopes the judge imposes a "far lesser" sentence.
LoTempio said Jamison, whose car was "totaled" in the fatal rear-end crash, "has accepted full responsibility and he feels horrible" about what happened.
Mark John Grisanti, the Colon family's attorney, also attended the plea proceeding and said that while insurance carriers are working out payments, a civil suit "could be" filed by the police officer's family.
Jamison is undergoing alcoholism counseling at the Erie County Medical Center. Today's plea was witnessed by his mother, brother and two younger relatives.
Source
Officer Jose A. Colon's SUV was rammed from behind by Jamison about 4 a.m. on the southbound I-190, just before the Clinton Street ramp. The crash also injured two of Jamison's four passengers.
Erie County Judge Michael F. Pietruszka refused to give Jamison a sentencing commitment on his plea to single counts of criminally negligent homicide, misdemeanor drunken driving and two felony counts of vehicular assault for the injuries to his two passengers.
With no objection from Kelley A. Omel, chief of the district attorney's Vehicular Crimes Unit, the judge let Jamison remain free on $50,000 previously posted bail pending his Jan. 21 sentencing.
Jamison, 22, of Fairlane Drive, faces a possible prison term of up to four years. But defense attorney Andrew C. LoTempio said after the plea proceeding that he hopes the judge imposes a "far lesser" sentence.
LoTempio said Jamison, whose car was "totaled" in the fatal rear-end crash, "has accepted full responsibility and he feels horrible" about what happened.
Mark John Grisanti, the Colon family's attorney, also attended the plea proceeding and said that while insurance carriers are working out payments, a civil suit "could be" filed by the police officer's family.
Jamison is undergoing alcoholism counseling at the Erie County Medical Center. Today's plea was witnessed by his mother, brother and two younger relatives.
Source
Sunday, November 15, 2009
Sheriff pleads not guilty in court, battle brewing over whether he keeps job
LINCOLNTON — Lincoln County Sheriff Tim Daugherty made his first appearance in court Tuesday morning.
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
Wednesday, October 28, 2009
2 TEENS CHARGED IN HORRIFIC KILLINGS-ANYONE CHARGED NEEDS A NY CRIMINAL LAWYER
A woman and her son who was ten years old were murdered by two teenagers. According to authorities, the woman was stabbed repeatedly and the boy was hit over the head with a television set.
The Minneapolis teens were charged as adults with first degree murder. The two were identified as Stafon Edward Thompson, 17, and Brian Lee Flowers, 16, both of Minneapolis.They were charged with the deaths of Katricia Daniels, and Robert Shepard. The teens can receive a sentence of life in prison and no parole available.
Thompson and Flowers flipped on one another blaming the killings on each other. It appears that the murders knew the woman, Daniels, through her other son who is fifteen and resides in Chicago.
If you or a loved one has trouble with the law and is facing criminal charges, get a New York Criminal Lawyer to defend you. Hiring a NY Criminal Attorney can help you to avoid jail time.
That move can help you to avoid jail time.Police recovered two knives and a golf club in the Daniels' house that they believe were used in the killings. They also found a knife in a garbage can in the alley.
Freeman said it appeared that Daniels had welcomed the teens into her home when they first arrived June 11.
Thursday, October 15, 2009
Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do?
So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?
The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus
For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.
On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
The first thing you need to do if arrested (or preferably before) for drug possession is to know the playing field. For example, what are you being charged with? What intent are they alleging?
There are various levels, or classifications of drugs which carry with them different levels of severity of sentence. Massachusetts General Laws Chapter 94C describes the various potential penalties. For example, first offense straight possession of a heroine, a Class A controlled substance can bring you two years of jail. Second and future offenses, naturally, get you more.
Generally, I find that the circumstances of an arrest are my clients’ biggest problem. It does not take very much for law enforcement to decide that, according to their investigation, your possession of a controlled substance is really for purposes of sale. Elements such as who you are with, the prior history of your location, how the drugs are packaged and what else you have in your possession are among the things officers will consider in making this determination.
For example, if you happen to have a bunch of twenty dollar bills adding up to hundreds or thousands of dollars, you are likely to win the prize of assumed intent. Items like cell phones, scales and the like can also be considered to be evidence of trafficking, or possession with intent to distribute.
The location of your possession can play a very special part in determining your potential sentence. For example, if you are in an area in which the police believe much drug trafficking occurs, you are more likely to be considered a drug dealer.
There is a very special type of location, however, that can bring you exposure to an extra criminal sentence.
This would be the “School Zone”.
Source
The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus
For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.
On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
The first thing you need to do if arrested (or preferably before) for drug possession is to know the playing field. For example, what are you being charged with? What intent are they alleging?
There are various levels, or classifications of drugs which carry with them different levels of severity of sentence. Massachusetts General Laws Chapter 94C describes the various potential penalties. For example, first offense straight possession of a heroine, a Class A controlled substance can bring you two years of jail. Second and future offenses, naturally, get you more.
Generally, I find that the circumstances of an arrest are my clients’ biggest problem. It does not take very much for law enforcement to decide that, according to their investigation, your possession of a controlled substance is really for purposes of sale. Elements such as who you are with, the prior history of your location, how the drugs are packaged and what else you have in your possession are among the things officers will consider in making this determination.
For example, if you happen to have a bunch of twenty dollar bills adding up to hundreds or thousands of dollars, you are likely to win the prize of assumed intent. Items like cell phones, scales and the like can also be considered to be evidence of trafficking, or possession with intent to distribute.
The location of your possession can play a very special part in determining your potential sentence. For example, if you are in an area in which the police believe much drug trafficking occurs, you are more likely to be considered a drug dealer.
There is a very special type of location, however, that can bring you exposure to an extra criminal sentence.
This would be the “School Zone”.
Source
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