THE KENT LAW FIRM

THE KENT LAW FIRM
Orange County's Premier Criminal Defense Boutique

Friday, January 30, 2015

A Fullerton Criminal Law Attorney Reviews a Recent Crime Lab Scandal

Fullerton Criminal Law Attorney
As a Fullerton criminal law attorney, we are very interested in what happens at the local crime lab.  After all, evidence, that is gathered and tested in the lab, is used on a regular basis by the prosecutors to lead to a potential conviction.  In some cases, the main evidence presented is tested at the crime lab, and without it a conviction would not be possible.  Unfortunately, crime labs, as with any institution, are not infallible. 

The Wall Street Journal recently reported on a case in Massachusetts where a lab technician, Annie Dookhan, did not follow proper protocol when conducting tests.  Ms. Dookhan was a very productive chemist at the lab and admitted to visually identifying some drugs rather than performing the chemical tests like she was supposed to. People were convicted as a result of these potentially flawed tests, and over forty thousand people were influenced as they were involved in trials with potential criminal implications.  

The Department of Corrections has already released 375 people from jail as their convictions were overturned following this evidence coming to light.  As a Fullerton criminal law attorney, this case is very concerning and enlightening.  It makes apparent the blanket trust that is put in criminal labs throughout the country.  There is an assumption that lab technicians always follow protocol and that they are always accurate in their findings.  This assumption led to a minimum of 375 unnecessary convictions in Massachusetts, as seen by the recent releases from jail.  It is unknown how many more people are convicted on an annual basis due to inaccurate lab reports. 

As a lawyer, it is important that we build a case for your innocence based on evidence.  This can include witness testimony, photographs, video, an alibi, etc.  We need to build a case that incorporates a variety of pieces of evidence in order to demonstrate innocence given that a prosecutor will be using things like a crime lab report to demonstrate guilt.  If we have evidence that conflicts with the report, it provides additional grounds to call that report into question.  

It is important that you provide us with as much information as you can regarding the incident, the circumstances surrounding it, where you were at the time, etc. so that we can get to work building a case for innocence.  At times, we may even run our own reports, depending on the nature of the case.  By bringing a third party expert to testify, we may be able to present compelling evidence that would call into question the findings of the state funded crime lab.  If the two reports are conflicting, it should give pause to the jury as they consider the validity of the reports that they have in front of them.  The key is to provide information and evidence.  Without it, we cannot make an educated argument that includes proof of innocence rather than simply stating that you are.  As a Fullerton criminal law attorney, our job is to create enough reasonable doubt that a jury would be hesitant to issue a conviction.  With that in mind, obtaining alternative lab reports can sometimes be helpful. 

Thursday, January 29, 2015

NAKED DRIVING CRIMES

OFFICER FINDS WOMAN JUST INVOLVED IN ACCIDENT SITTING NAKED ON TOP OF A WHISKEY BOTTLE! Distracted driving?

Wednesday, January 28, 2015

DUMB CRIMINALS

MAN WHO BRAGS ABOUT 16 WARRANTS ON FACEBOOK IS ARRESTED SHORTLY AFTER POST! You can't make this stuff up!

Sunday, January 25, 2015

Thursday, January 22, 2015

THE SKY IS FALLING

A DRONE WITH 6 POUNDS OF METH CRASHED JUST SHORT OF THE SAN YSIDRO BORDER CROSSING! Creative ways to ship drugs!

Wednesday, January 21, 2015

ILLEGAL TO EAT AND DRIVE?

GEORGIA OFFICER CITES DRIVER FOR DISTRACTED DRIVING FOR EATING BURGER WITH NO POOR DRIVING. Must have been a slow crime day!

Monday, January 19, 2015

Friday, January 16, 2015

BAD LUCK IS HIS ONLY LUCK

PASSENGER THROWS COCAINE OUT SUNROOF DURING TRAFFIC STOP, AND IT LANDS ON POLICE CAR! How did that get there?

Wednesday, January 14, 2015

THE WASHING MACHINE PISSER

MAN CAUGHT ON SURVEILANCE URINATING IN A LAUNDRYMAT WASHING MACHINE! What an idiot!

FATHER OF THE YEAR CANDIDATE

ENGLISHMAN SENDS HIS SON TO SCHOOL WITH A TUPPERWARE OF LUNCH... OOPS, COCANIE AND PARAPHERNALIA! Mistakes happen!

Monday, January 12, 2015

PARENTS OF THE YEAR

INDIANA COUPLE ENCOURAGES 1-YEAR-OLD DAUGHTER TO PUT GUN IN HER MOUTH FOR PHOTO! There are no words!

Friday, January 9, 2015

NAKED CAR CRIMES

A COUPLE IS FOUND IN A CAR FOR SALE AT A DEALERSHIP NAKED AND DOING IT! Yep, in Florida, again!

Thursday, January 8, 2015

DUMB CRIMINALS

MAN WEARING T-SHIRT THAT SAYS "WHO NEEDS DRUGS - NO, SERIOUSLY I HAVE DRUGS" ARRESTED FOR DRUGS! Seriously stupid!

Tuesday, January 6, 2015

NAKED CRIMES SANTA EDITION

NAKED WOMAN GETS STUCK EX-BOYFRIEND'S CHIMNEY! I think she still believes in Santa Claus!

SON OF THE YEAR

SON ALLEGEDLY DECAPITATES MOTHER FOR NAGGING ABOUT CHORES AND FAVORING BROTHER! Now that's sibling rivalry!

MORE DUMB COPS

A KENTUCKY COP SHOOTS ROUND THAT RICOCHETS INTO HIS STOMACH AS HE ADJUSTS HIS GUN! Now that's good training!

Friday, January 2, 2015

NAKED NAPPING CRIMES

FLORIDA MAN TAKES SEVERAL DOG BEDS INTO THE BATHROOM OF CVS, STRIPS AND TAKES A NAP! He was hot and tired!

DUMB COPS

GEORGIA POLICE CHIEF ACCIDENTALLY SHOOTS HIS WIFE! Uh-huh, sure it was an accident!

Thursday, January 1, 2015

A Criminal Lawyer Discusses Domestic Charges

Criminal Lawyer
As a criminal lawyer, we represent clients that have been charged with all types of crimes.  Many of our clients come to us after being accused of some form of violence.  For example, those that get into a fight are likely to be charged with assault.  Our job is to protect our clients' rights so whether someone is charged with assaulting a stranger or someone they know, we can help by mounting a strong defense, demonstrating that the allegations are false or greatly exaggerated.

When charges of violence involve a current or ex-partner, the case becomes about domestic violence. Many people are surprised to know that if they get into a fight with an ex-girlfriend or boyfriend, in a public place, it can still be domestic violence.  We can always argue that it isn’t, but the prosecutor can certainly bring charges anyway.  Due to how wide sweeping domestic violence is, many people are caught off guard when they are charged with it, thinking that they didn’t particularly do anything wrong. 

If you are charged with domestic violence, don’t go it alone but instead hire a criminal lawyer.  This way we can ensure that your rights are protected and that you receive a fair trial in court.  There are several reasons why someone may file domestic violence charges and we need to know every detail about the supposed incident so that we can better understand the case.  We need to prove innocence with evidence, rather than emotion, and you never know which detail will be what we need in order to do so.  With that in mind, we always encourage full disclosure.  As your attorney, anything you say is privileged so we can’t testify against you, meaning you can speak openly and without fear. 

Very often in these cases, our clients have gotten into a fight with their current or ex-partner but have no idea that the fight could be viewed as domestic violence.  This regularly happens when two people start yelling at each other, and the situation escalates.  One person may begin to feel afraid while the other believes that it is simply a standard fight.  With emotions high, anything that is done from that point on may be perceived as violent even if it was not intended to be.  When there is no history of domestic violence, we can argue that this was a simple fight and not a violent episode. 

There are also times when an incident didn’t happen at all.  In many criminal cases, false allegations are made for the benefit of the person making them.  As a criminal lawyer, our job is to gather and present evidence as to how the incident could not have happened.  An alibi can help us to do so along with looking for inconsistencies in the police report or the other party’s testimony. When the allegations are false, there will be flaws in the story, and we will seek to find them.  The more information you can share with us, the easier it will be to identify what is false and how to argue against the charges, in general. 

If you have been charged with any type of crime, we can help.  Give us a call to ensure that your rights are protected.