(844) 815-9632

domestic violence

NY DMV Busts 4k Fraudsters With Facial Recognition Tech

Identity theft often involves multiple pieces of identification. That means multiple driver's licenses, all with the same face. So in 2010, the New York Department of Motor Vehicles began using facial recognition software to flag the same face applying for multiple licenses. Turns out it pays off. The New York Post reports the DMV's facial recognition technology has led to 4,000 arrests and ID'd a total of 21,000 cases of identity theft or fraud. Hey, You Look Familiar The facial recognition program looks for the same faces applying for driver's licenses under different names. Yes, in rare instances, the software can uncover identical twins put up for adoption and raised in different parts of the state. But more often than not, as the Post reports, the tech is tracking identity thieves: Among those ensnared in the new high-tech net was Randolph Robinson who tried to obtain a New York driver's license of a man he moved furniture for, authorities said. When the state system flagged him and he realized his license wasn't mailed in a matter of days, Robinson flew to Florida, where he could get a license immediately at a DMV counter, officials said. State investigators tracked him down and busted him after they say he used the Florida identification to withdraw $50,000 from the victim's bank accounts and buy a new Honda. Numbers Game "The use of this facial recognition technology has allowed law enforcement to crack down on fraud, identity theft, and other offenses - taking criminals and dangerous drivers off our streets and increasing the safety of New York's roadways," Governor Andrew Cuomo said in a statement. "We will continue to do everything we can to hold fraudsters accountable and protect the safety and security of all New Yorkers." Along with those 4,000 arrests, another 16,000 people are facing administrative action as a result of the technology. A DMV investigation discovered that half of those flagged as having multiple license records were trying to get a second license after their original one had been suspended or revoked. "New York has a simple policy: one driver, one record," Terri Egan, DMV Executive Deputy Commissioner, added. "If your license is suspended or revoked, the days of getting a second one to try to keep driving are over." Related Resources: Driver's License Facial Recognition Tech Leads to 4,000 New York Arrests (Ars Technica) How Are Police Using Facial Recognition Software? And Is It Accurate? (FindLaw Blotter) Legal for Cops to Use iPhone Facial Recognition? (FindLaw Blotter) Can I Get Arrested for Not Having ID? (FindLaw Blotter)
continue reading

Top 5 Domestic Violence Questions

At one point in the not-too-distant past, a fight between spouses -- even a physical one -- was thought to be a personal matter, not the purview of police, prosecutors, or judges. More recently, law enforcement has taken domestic abuse more seriously, although juries were liable to take a he said/she said approach to accusations of violence in the home. Nowadays, thankfully, it seems like everyone is taking domestic violence seriously, from the expansion of definitions to include other members of the family or household, to the increase in convictions and penalties for domestic abuse. But questions remain. Here are five of them from our archives: 1. How Long Do You Have to File a Police Report for Domestic Violence? Victims of domestic abuse can often struggle with the decision to report violence in the home. Ignorance of domestic violence laws or fear of abandonment or increased abuse keeps many victims from going to the police at all. But statutes of limitation put a cap on how long you can wait before reporting domestic violence. 2. Should You Call the Police If Your Neighbors Are Fighting? Getting involved in a domestic dispute or intervening on another's behalf, especially if that person is a stranger, can keep many witnesses of domestic abuse from contacting law enforcement. However, if a situation has escalated to the point you can hear it, it is seldom a bad thing to get the police involved. You may be afraid of meddling, but you may also save a life. 3. Victim of Stalking? Know Your Legal Options Domestic abuse is not limited to acts of physical violence, and can include emotional and psychological abuse. At the same time, it is not just limited to behavior in the home -- abuse can often spill out into a person's public life. 4. When Can Domestic Violence Charges Be Dismissed? Criminal charges get dropped for all kinds of reasons. But with the common misconceptions regarding who presses charges and how, dismissing charges in a domestic violence case may be a little different than you might expect. 5. Can I Still Own a Gun After a Domestic Violence Conviction? Most jurisdictions are taking domestic violence more seriously, and the penalties for a conviction can be severe. Domestic violence convictions especially are those that after which cities, counties, or states would want to limit gun ownership or possession. And, thanks to federal gun control regulations, that's often the case. If you are or have been the victim of domestic violence, get help. And if you've been charged with domestic violence, get an experienced attorney. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How to Get a Domestic Violence Charge Dismissed (FindLaw Blotter) 5 Potential Defenses to Domestic Violence (FindLaw Blotter) Types of Violent Crime (FindLaw Blotter)
continue reading

New Law Makes Drug Possession a Misdemeanor in Oregon

Oregon legalized recreational marijuana back in 2015. But what about other Schedule 1 narcotics like cocaine, meth, or LSD? While the Beaver State isn't planning on legalizing those any time soon, it is rolling back the penalties for their possession. A new state law will downgrade first-time drug possession offenses from felonies to misdemeanors, so long as the amount is under a certain limit. So to which drugs does the new law apply? What are the limits? And how does that change the possible criminal penalties? Possession, Priors, and Penalties Oregon's HB 2355 applies only to first-time offenders, so those with prior felony convictions or with two or more prior convictions for drug possession can still be charged with a felony. The new law also does not change penalties for possession of large, commercial amounts of illegal drugs. Here are the drugs, and amounts addressed by the new statute: Cocaine under two grams Methamphetamine under two grams Heroin under one gram Oxycodone under 40 pills MDMA/Ecstasy under one gram or five pills LSD under 40 units Instead of looking at five to ten years in prison, those charged with first-time drug possession are instead facing a maximum penalty of just one year in prison and/or a $6,250 fine. Police, Policy, and Profiling Both the Oregon Association Chiefs of Police and the Oregon State Sheriffs' Association supported the measure, saying convictions include unintended consequences like barriers to housing and employment. But the groups also had some reservations. "Reducing penalties without aggressively addressing underlying addiction is unlikely to help those who need it most," the groups warned in a letter to a state senator who backed the bill, adding the law "will only produce positive results if additional drug treatment resources accompany this change in policy." Another bill appropriated $7 million that can be used to pay for drug treatment. The new law also attempts to address police profiling by directing a state commission to develop methods for recording data concerning police-initiated pedestrian and traffic stops. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Drug Possession Is No Longer A Felony Offense In Oregon (Huffington Post) Recreational Marijuana Sales Now Legal in Oregon (FindLaw Blotter) Oregon Looking to Legalize Pot (FindLaw Blotter)
continue reading

Criminal Charges Following Violence, Death in Charlottesville

Much of the country was shocked to see white supremacists marching in Charlottesville, Virginia last weekend, and horrified at the images of one of those men driving a car through a crowd, killing one woman and wounding 19 others. There were clashes throughout the city between protestors (ostensibly there in defense of a statue of Robert E. Lee) and counter-protestors, and surely there will be criminal charges and repercussions as well. Here's a roundup of the criminal charges that have been filed so far in the wake of the Charlottesville violence, and a few that may yet be. James Fields, Jr. The worst of the violence was James Fields, Jr.'s attack on a group of counter-protestors, when he drove his car through a peaceful crowd. Fields injured 19 people and killed 32-year-old Heather Heyer. The incident was caught on video and Fields was quickly arrested and initially charged with second-degree murder, malicious wounding, and failure to stop after a crash that resulted in a death. Late last week, the Charlottesville Police Department announced it would be adding five more felonies to Fields' ticket: three counts of aggravated malicious wounding, and two of malicious wounding. Thus far, Fields has not been charged with a hate crime or terrorism. Deandre Harris The other high-profile attack was the beating of 20-year-old Deandre Harris, whose assault at the hands of white supremacists was also caught on camera. "The beating happened right beside the police department," Harris said, "and no police were there to help me at all." No charges or arrest warrants have been filed in the case, despite concerted efforts -- some successful -- to identify his attackers. Other Charges Along with Fields, six other people were arrested following the violence, most charged with misdemeanors ranging from assault and battery to carrying a concealed weapon. Jacob Leigh Smith was charged with misdemeanor assault and battery after allegedly hitting a reporter; Troy Dunigan was charged with misdemeanor disorderly conduct, for throwing objects at "Nazi protesters"; James M. O'Brien was charged with misdemeanor carrying a concealed weapon; David Parrot was charged with failure to disperse a riot; Steven C. Balcaitis was charged with misdemeanor assault and battery; and Robert K. Litzenberger was charged with misdemeanor assault and battery after a Virginia State Trooper allegedly saw him spit on rally organizer Jason Kessler. Additional charges could be filed as investigations progress. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Increased Access to Hate Content Online Leads to More Crime in Real Life, Study Says (FindLaw Blotter) Top Legal Questions on Hate Crimes (FindLaw Blotter) 5 More Tips for Protesting (Legally) (FindLaw Blotter)
continue reading

How Long Do You Have to File a Police Report for Domestic Violence?

A victim of domestic violence should generally try to involve law enforcement at the earliest possible time after an incident, assuming police didn't arrive during the incident. The sooner a victim can file a police report, the higher the likelihood that police will investigate, which increases the chances of a city, or state, district attorney prosecuting the matter criminally. Most states provide that criminal offenses of varying severity can only be prosecuted within a certain window of time, known as a statute of limitations. Although, in some states, certain serious offenses like rape or muder will not be subject to a statute of limitations. In New York, for example, a domestic violence case could have a statute of limitations ranging from one to three years (depending on the severity of the charges). What Does It Mean to "Press Charges"? While individuals often mimic television and the big screen and insist on "pressing charges," this is a misnomer. Individuals do not file or press charges. Only the state, or government, that is prosecuting the case has the authority to file, or press, criminal charges against a person. However, in the domestic violence context, and when filing a police report against an individual, officers will sometimes ask a victim if they want to "press charges." While it may sound like the victim holds the power, the actual decision to bring a criminal case is not held by the victim. Officers tend to ask this question in order to find out if the victim will be cooperative with a district attorney. In many situations, even if a victim asks the prosecutor to drop the charges, or even recants their statement, it may not impact a prosecutor's decision to proceed. Civil Remedies Are Available In contrast to criminal charges, which a person cannot control whether or not those get filed beyond filing a report with law enforcement, an individual holds the decision on whether to bring a civil suit against an abuser. Domestic violence victims can sue their abusers for monetary damages, as well as seek out civil restraining orders to keep their abusers away from them. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What If the Police Won't Investigate my Case? (FindLaw's Blotter) Can You Sue for Injury Without a Police Report? (FindLaw's Injured) 5 Things a Domestic Violence Lawyer Can Do (That You Probably Can't) (FindLaw's Law and Daily Life) Domestic Violence Trials: 5 Tips for Victims (FindLaw's Law and Daily Life)
continue reading

Shooting at George Zimmerman Illegal, Florida Man Learns

George Zimmerman, the garbage human infamously acquitted in the homicide of Trayvon Martin, became the victim of a shooting himself last year, in an apparent road rage incident. The man who shot at Zimmerman, Matthew Apperson, was convicted of attempted second-degree murder last month, and last week was sentenced to 20 years in prison. The irony is that Zimmerman himself was charged with second-degree murder in Martin's death, and was perhaps fortunate his victim wasn't around to testify at his trial. Road Rage For his part, Zimmerman testified that Apperson was following him in May 2015, flashing his lights and honking his horn. Apperson then pulled up alongside Zimmerman's car and opened fire, bullet shattering his window and narrowly missing its intended victim. Apperson disputed that account, saying it was Zimmerman who threatened him, and he was acting in self-defense. "Mr. Apperson pulled that trigger and didn't care. In fact, he joyfully bragged about killing me and said, 'I got him. I shot George Zimmerman,'" Zimmerman told the jury during sentencing. "He thought he had killed me, and he was happy about it." Zimmerman thanked jurors for convicting Apperson, adding, he "showed absolutely no care for human life." Outrage It's not hard to see why someone might have wanted to take a shot at Zimmerman. Aside from the Martin shooting, Zimmerman was charged with resisting arrest and battering a police officer, accused of domestic violence by an ex-fiancé, accused of molesting his cousin, pulled over speeding through Texas with a firearm, accused of domestic violence by his then wife, charged with aggravated assault for pointing a shotgun at his then girlfriend, and arrested and charged with aggravated assault for throwing a bottle at his then girlfriend. He has had multiple restraining orders issued against him, and had a defamation suit he filed against NBC thrown out. His latest brush with the law may have others believing that justice takes many forms. Related Resources: George Zimmerman Shot In Face (FindLaw Blotter) Zimmerman's Wife Shellie Files for Divorce: Reports (FindLaw's Law and Daily Life) Zimmerman a 'Manipulator,' But Out of Jail Again (FindLaw Blotter) Zimmerman Trial: Opening Statements Shouldn't Be Stand-Up Comedy (FindLaw's Strategist)
continue reading

5 Things You Need to Know About Restraining Orders

A restraining order or order of protection can be a person's last resort against threatening or harassing behavior. They can also be a person's only means to stop domestic violence or abuse. In some cases, restraining orders can save lives. In other cases, they can ruin lives or be a tool for harassment. There are two sides to every restraining order, and cops and courts are often caught in between. When properly administered, restraining orders are an important tool in keeping people safe. So here what you need to know about restraining orders: 1. What is a Temporary Restraining Order (TRO)? Start with the basics -- a restraining order or protective order is a court order enforceable by police that prohibits contact between two people. In many instance, it forbids one person from coming within a certain distance of another, and in some cases can include additional restrictions regarding gun ownership. 2. How to Get a Restraining Order Many courts publish protective order processes on their websites. Either there or at the courthouse you should find and fill out a petition for a restraining order and file it with the court. Generally the court will set a hearing on the matter and grant a temporary restraining order in the meantime. 3. Legal How-To: Responding to a Temporary Restraining Order A person against whom a restraining order has been filed must receive notice of the order, the conditions, and any future hearings on the matter. Normally, this entails a written response filing and participation in the court hearing, which can include presenting evidence and witnesses. 4. How to Enforce Your Restraining Order in a New State Nobody seems to stay in one place anymore. So does your restraining order follow you when you move to another state? Federal law requires all states to honor and enforce valid protection orders issued by others states, but are there additional steps you need to take? 5. Legal How-To: Appeal a Restraining Order Even though a court has issued a restraining order, that order can still be appealed, amended, modified, or dismissed. A restraining order can be appealed on paper or, more likely, in court, and there are better and worse ways to appeal a restraining order. The best source of information on restraining orders, whether you're thinking of filing one or trying to fight one, is an experienced attorney -- if you've got restraining order questions contact one in your area today. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Legal How-To: Fighting a Restraining Order (FindLaw's Law and Daily Life) Domestic Violence: Getting a 'Permanent' Restraining Order (FindLaw's Law and Daily Life) Can Facebook Contact Violate a Restraining Order? (FindLaw's Law and Daily Life)
continue reading

Legal How-To: Appeal a Restraining Order

Retraining, protective, or stay away orders can arise in a multitude of situations, from business arguments to domestic disputes. And fighting a restraining order can take many forms, depending on the type of order involved and the particular circumstances of your case. Most restraining orders are orders from a court, and therefore can be appealed. It may not be easy to get a restraining order amended or overturned, but it's not impossible. Here's what you need to know if you're appealing a restraining order. The Right Response Normally you should receive notice that a restraining order has been filed or requested against you, and how you respond to the restraining order can make all the difference. If you receive the notice in court, be respectful and try to avoid any outbursts -- you may not be able to win your case right then and there, but you can certainly do some damage. So let your attorney make any in-court legal arguments. If you receive notice through the mail or in-person delivery, most states provide a form or instructions for responding to the restraining order. For instance, California provides an information sheet answering questions from how long the order will stay in place to how it could affect a green card or citizenship. Make sure you follow any instructions and don't violate any temporary orders before you have the chance to appeal. The Right Hearing You will either file a response to the restraining order, or, more likely, be asked to attend a hearing. Most courts will set a hearing date to discuss the order; if not, you may be able to request one. Don't miss your court date -- this may be your only chance to appeal the restraining order. Prior to your court date, you should begin gathering evidence that supports your side of the story. Make sure you have any witnesses, recordings, or documents ready to go on your court date. Your attorney should be able to tell you what you'll need. If your hearing has already come and gone, and you want to amend or end a restraining order, you may have to file an appeal and request another court date. Just as you did with your original hearing, make sure you have any evidence of compliance with the original order and any change in circumstances since the restraining order was first filed. An experienced attorney will your best resource for appealing a restraining order -- contact on e near your today. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw Directory) Details on State Protective Order Laws (FindLaw) What is a Temporary Restraining Order (TRO)? (FindLaw's Law and Daily Life) What Proof Do You Need for a Restraining Order? (FindLaw Blotter)
continue reading

5 Legal Tips for Sexual Assault Victims

April is Sexual Assault Awareness Month, an effort to educate the public about the crime, its consequences, and how to prevent it. Sexual assault occurs when a person forces you to participate in sexual contact without your consent. It can have devastating and long-lasting effects on a victim, but victims should try to remember that legal protections are in place to help them on their road to recovery. Here are five tips for sexual assault victims to keep in mind when seeking help from the legal system: Report your attack to the police. You are encouraged to report any sexual assault, rape, dating/partner violence, domestic violence, stalking and/or hate crimes. Authorities will investigate your complaint and help you move forward with criminal charges. That being said, filing a police report does not necessarily mean that you have to press criminal charges. You may need a restraining order. A restraining order is a court-ordered tool used to stop someone from engaging in threatening behavior. When you decide you want to request a restraining order, you should make a list of all of the threatening or intimidating behaviors you want to stop. Specific examples are important. Know your rights as a victim. If you have been raped or sexually assaulted, you have the right to make your own choices about how to respond to what has happened to you. Don't be afraid to tell your attorney how you want to approach your situation. What to do at trial. A trial can be an overwhelming experience and cause you to re-live memories of your assault. But there are certain steps you can take to ease the painful and emotionally exhausting process of coming face-to-face with your attacker. A lawyer may be a big help. Through direct legal services, a sexual assault attorney can not only help you in your case, but also help protect your mental health, medical, and education records. Your attorney can also help restore the necessities of your life -- housing, employment, education, public benefits, privacy, safety, and, in some cases, citizenship and immigration. To learn more about sex-related offenses, you may want to explore FindLaw's section on Sex Crimes. Related Resources: State Sexual Assault Laws (FindLaw) Military Sex-Assault Reform Bill Fails in Senate (FindLaw's Blotter) Ex-Teacher Andrea Cardosa Charged in Sex Abuse Case (FindLaw's Blotter) Man in Beer Pong League Charged With Sex Abuse (FindLaw's Blotter)
continue reading