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Healing Abuse in the Bay State – HAWC

Healing Abuse in the Bay State - HAWC

The Violence Against Women Act was passed by both chambers of Congress, and its reauthorization was signed into law by President Obama earlier this month. This marks a milestone for the women’s rights movements and for victims of sexual and domestic violence all across the country. Since 1994, VAWA has changed the way our societydeal with domestic violence by changing the way the federal government responds, providing funding to essential programs and now, under the new version, provides new provisions for members of the LGBT community and Native American women.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

Domestic violence is prevalent in every state. In Massachusetts, for example, more than 33,000 women and children received help from a community based domestic violence program in 2005. In 2006, 28 were killed in domestic violence related incidents. Domestic Violence shelters in Massachusetts have been filled to capacity, and thousands who had sought refuge in one of the state shelters were turned away because of a lack of space.

Healing Abuse Working for Change (HAWC) has been providing free services to victims of domestic violence since 1978. HAWC provides its services to victims of domestic violence residing in 23 cities and towns across Massachusetts’ North Shore. HAWC provides several services and they include: individual advocacy, a 24-hour hotline, legal advocacy, an attorney program, community education, a shelter program, children’s services and hospital advocacy.

The following is an interview with Paula Gomez Stordy of HAWC on her opinion about the recent reauthorization of VAWA, and the work of HAWC in the fight against domestic violence.

In your opinion, what does the reauthorization of the Violence Against Women Act (VAWA) signify for the civil rights movement of women?

The reauthorization of VAWA was a victory.  It continues to advocate for the civil rights of women, Native American women and it expands protections to gay, lesbian, bisexual, and transgender victims of domestic violence, sexual assault, and stalking.  However, it was frightening to think that these protections that were put in place  in 1994, could have been decreased.  Countless, advocates and survivors across the country exercised their right and worked diligently for the reauthorization of VAWA.  We are grateful that both chambers of congress understood the impact of violence and passed the reauthorization.  In this day in age protections for the human rights of women should not be  at stake.

Do you think the new version of VAWA does enough to protect women against domestic violence?

Whenever, a law is passed it is necessary for the law to be implemented in all levels of government and society- federal, state, local.  Sexual assault and domestic violence programs across the country continue to be underfunded.  There is a great need of services.  Daily, we have to turn people away from our shelter because it is at capacity.  Education and prevention programs are essential for the safety of our community and sometimes programs have to decrease outreach and education when the direct service need is so urgent.

The new VAWA has historic provisions for Native Americans and members of the LGBT community. Do you think the law as passed represents a step in the right direction for both groups?

Absolutely.  The law was incomplete.  Victims of domestic violence, stalking, and sexual assault include LGBT people and Native American women. Sexual assault and domestic violence programs also must be inclusive to all victims of sexual and domestic violence.  For various reasons, it is difficult for survivors to reach out for help.  Therefore, when that happens every survivor should feel they are supported regardless of their gender, gender expression, or sexual orientation. .Everyone deserves a life free of violence.  

What has HAWC been able to achieve in terms of advancing the cause of domestic violence victims in the state of Massachusetts?

Founded in 1978, this year HAWC celebrates 35 years of providing free and confidential domestic violence services to residents of 23 cities and towns in the North Shore. HAWC has offices in Lynn, Salem, and Gloucester as well as advocates in the Beverly Police Department and North Shore Medical Center.

Its mission is to create social change by taking action against personal and societal patterns of violence and oppression. With an annual budget of 1.7 million, HAWC services include:

24 hour hotline 1 800 547-1649

Individual advocacy

Support groups

Legal Advocacy

On call Hospital and Police Response

Shelter

Parent/Child Trauma Recovery Services

Homicide Prevention Teams

Youth Violence Prevention Education

Community Education

This past fiscal year 2012 HAWC served over 3,000 adults and children experiencing abuse.

Do you believe Massachusetts has come far since the initial passage of VAWA in 1994?

I do.  I began working in the field of domestic violence in 1994 and since then we have been more inclusive about how we identify victims and survivors of domestic violence, sexual assault, and stalking.  We have more research about the lethality of abuse and impact of trauma.  We are more aware of cultural diversity.  One type of solution does not help all equally.  Survivors of abuse are diverse.  Therefore, responses and services should represent that diversity.

Our community as a whole is more educated about sexual and domestic violence and that’s exactly what needs to happen in order to decrease violence in our community. It’s everyone’s issue. This topic was once taboo.  I am grateful for the strength of survivors who had the courage to talk about their experiences.  Their experiences and the experiences of victims who lost their lives at the hands of a perpetrator have changed laws and society as a whole.   

If you are a victim of domestic violence in the state of Massachusetts, please contact HAWC for help. To learn more about domestic violence, please visit the Domestic Violence Page

Interviewed with Paula Stordy of Healing Abuse Working for Change (HAWC), Salem, Massachusetts

Prominent Criminal Law Attorney Bryan Stevenson Talks Defense

Prominent Criminal Law Attorney Bryan Stevenson Talks Defense

Montgomery, AL—Shortly after moving to Montgomery in the 1980s to work for the then-new Equal Justice Initiative, defense attorney BryanStevenson got to meet one of the biggest icons of the civil rights movement: Rosa Parks, the black activist who most famously was arrested for her protest of an unconstitutional Alabama law requiring black riders to sit in the back of buses when whites wanted a front seat.

“There were actually three amazing people there who were involved in the Montgomery bus boycott,” Stevenson recalled of the meeting in a recent interview with laws.com.  “One was Rosa Parks.  The other two, you may not know: Ms. Johnny Carr, who organized the Montgomery bus boycott, and Virginia Derr.  They invited me over to their house and they were all on the steps talking for about two hours, and finally, after a couple of hours, Ms. Parks turned to me and she said: 'Now, tell me, Bryan, what are you doing here in Alabama?”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Stevenson told her about his plans for the Equal Justice Initiative—how he wanted an organization that could work to get innocent people off death row, end mass incarceration, and stop racial bias in the criminal justice system.  When he was done, he says, “Ms. Parks looked at me and shook her head, and said, 'mmmh, mmmh, mmmh, mmmh,' she said, 'That's going to make you tired, tired, tired.'  And Ms. Carr leaned forward, and she put her finger in my face, and she said, 'That's why you've got to be brave, brave, brave.”

“Brave, brave, brave” is exactly what Stevenson has been.  His remarkable life has taken him on a path from the “colored” elementary school in his rural Delaware town to Harvard Law School, to working in the Deep South to get innocent people off death row.  Today, he is known as one of the most dedicated and talented attorneys and legal scholars working on the issue of injustice and bias in the criminal justice system.

In this kind of highly politically charged work, Stevenson says emotions are an asset, not a liability.  “My emotions are a part of when I manage these cases,” he told laws.com.  “It's quite emotional for me, but what keeps me strong is knowing that they need me to be a strong advocate.  I have been successful in my career, and this is what has energized me and kept me motivated to continue.  EJI holds its offices in a historical space, with all the souls around it to remind me to keep an eye on the prize.  It keeps me honest.”

The historical space Stevenson refers to is a former whites-only school on Montgomery's Commerce Street, which was an infamous slave trading space before the Civil War.  Slave auctions were held not far from where Stevenson's office chair sits today—and Stevenson's work has drawn important parallels between America's contemporary system of mass incarceration and antebellum slavery.

Children are of special concern to Stevenson, who has rallied against the sentencing of children as adults and has worked to end the school-to-prison pipeline that has been imposed upon many young black men.  Stevenson's work with the EJI was instrumental in leading to the Supreme Court decision ending sentences of life imprisonment without parole for juveniles, which he describes as “an energizing and gratifying experience—there is still a lot of work to be done, but it is encouraging.  We are hopeful that we can continue to make progress.”

Stevenson has freed people from death row and from prison, and he knows his work is far from done, no matter how “tired, tired, tired” he gets.  To would-be attorneys wanting to make a difference, Stevenson gives this crucial piece of advice: “Make sure you can handle being uncomfortable, because you can't create justice without it.”

Criminal Law Attorney Nicole DeBorde Talks Defense

Criminal Law Attorney Nicole DeBorde Talks Defense

Houston, TX—While she knew from the time she started in law school that she wanted to be in the courtroom, criminal defense attorney Nicole DeBorde started where many aspiring criminal lawyers do: in the prosecutor's office.

“I worked as a prosecutor for several years, and at some point, I was not feeling as passionate about the work as a prosecutor, so I decided to go into private practice as a criminal defense attorney,” DeBorde told laws.com in a recent interview.  “I found that I really was passionate about criminal defense, so that's why I've stuck with it.  I enjoy it. I enjoy being in the courtroom and fighting for my clients.  Fighting for the underdog was where I knew I needed to be.” 

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Becoming a criminal defense attorney showed DeBorde a new side to the justice system.  “When I got into private practice, I learned that many times, the government does not have the whole story and they are operating only on part of the facts. Sometimes they are all together wrong.” 

DeBorde says will only take a case if she feels like she and the client can communicate effectively and she believes she might be able to help. That process begins with a free consultation.  “In the free consultation, we have the opportunity to talk about what the accusations are, we discuss what kind of crime they are accused of, what type of involvement they had, how complicated and long it's going to be to mount the proper defense.  After all this is discussed, if we find we are compatible and feel comfortable with one another, we move forward.  If we are not able to be compatible, then I refer them to someone else.” 

Plea deals are not always “deals” according to DeBorde. Lawyers should work with their clients to assess the risks and fully discuss the permanent consequences of accepting a plea.  While some defendants feel pressured to plead guilty to lesser charges in order to avoid long prison sentences, DeBorde says that clients who are willing to tolerate the risk should go to trial when wrongly accused: “If the client didn't do what the government is accusing them of doing and they take a plea deal, it will be on their record for the rest of their life.  These things aren't like financial problems that go away after a period of time.  If they apply for a job, even sign up for the PTA, these things will come up.  Many times, you can't afford to take a plea deal.” 

DeBorde says that she finds her career in criminal defense deeply rewarding.  “Every time you have someone sit down with you with a terrible and hopeless situation, and there is no one who believes them, you become their last hope.  They are laying all the facts out for you, and their life, heart and family is on the line, and when you can make the right thing happen, it's an wonderful feeling,” she says.  “I have to say that I am very fortunate that it happens to us at our law firm a lot.  Whether it is a DWI or a complex fraud case or a murder case, those accusations will not follow a client if we can succeed. Sometimes it is a matter of mitigating a bad situation; sometimes it is a matter of avoiding a conviction all together” 

More than most other kinds of law, DeBorde says that criminal defense law is great at inspiring passion in attorneys.  “It is something that is really easy to get passionate about and work hard at because you're a defendant's last hope. I like standing up for the guy no one else is willing to stand up for and I like winning for them.  It’s a great combination.”

Manavi: Confronting Domestic Violence in the South Asian Community

Manavi: Confronting Domestic Violence in the South Asian Community

Domestic violence organizations across the country have celebrated the recent reauthorization of the Violence Against Women Act (VAWA).  This new legislation is more powerful than the older version, because it both expands and creates new federal programs that help victims of sexual and domestic violence.  VAWA is responsible for establishing the National Domestic Violence Hotline, and for providing much needed funding to essential services programs for victims of sexual and domestic violence.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

South Asian women in the United States experience sexual and domestic violence at rates that are far higher than the national average. In a study conducted in the Greater Boston area, 160 married South Asian women were surveyed, and more than 40 percent reported being physically or sexually assaulted by their male partner in their lifetime. This compares to a national rate of 22 to 25 percent. Of those South Asian women reporting experiencing domestic violence, some 65 percent reported also experiencing sexual violence.

Manavi was established in 1985 as the country’s first organization to specifically address the needs of South Asian women victims of domestic violence. It is a New Jersey-based organization and its programs involve providing direct services to survivors of domestic violence, grassroots organizing within the South Asian community, and advocacy. Its name, Manavi, means “primal women” in the Sanskrit language. It is a secular organization and provides services to all women.

The following is an interview with (unsure of name) of Manavi on her thoughts and feelings about the recent reauthorization of VAWA, and the work of her organization in the realm of domestic violence.

In your opinion, what does the recent passage of the Violence Against Women Act (VAWA) signify for the women's rights movement?

The re-authorization of the Violence against Women Act (VAWA) was a triumph for all organizations that focus on ending violence against women such as Manavi.  VAWA goes some way in making a difference in one of the areas of women’s rights: violence against women that undermines her right to live safely and gain autonomy.

This iteration of the Act makes it possible for community based organizations as well as other state and governmental agencies to continue to provide critical and life-saving services to women affected by various forms of cruelty: such as domestic violence, sexual assault, trafficking, stalking etc. through the various streams of funding.   Manavi has been part of the grassroots movements that led to VAWA in 1994, working closely with many allies to obtain and collate information, draft portions of the initial legislation, and rally the necessary forces for passage of the Act.  Each and every reauthorization has been significant for the community we represent for creating access and benefits for women who would have had no other way to obtain safety and make a different life for themselves and their children.  Many of the immigration provisions, access to housing and public benefits, the Full Faith and Credit Provisions, LEP (Limited English Proficiency), provisions for LBGT (Lesbian, Bi-sexual, Gay and Transgender),  and funding enable Manavi to continue to work with women as well as allies in the state and the nation.

VAWA has also enabled Manavi to work closely with other South Asian Women’s organizations (SAWO’s).  Manavi hosts a biennial conference where members from all the SAWO’s gather to exchange ideas, debate critical issues, challenge each other and forge new pathways to working with many marginalized women within our communities.

For 29 years now, Manavi has worked towards empowerment, liberation and justice for South Asian women.  The passage of this iteration of VAWA recognizes the efforts of community based organizations to challenge norms and ideas that perpetuate the subjugation of women.  

Do you believe the new version of VAWA goes far enough to protect women against domestic violence?

In the evolution of VAWA, each iteration has provided more and more benefits for women in immigrant communities such as South Asian to overcome barriers.  These have included reaching out to law enforcement, accessing the courts for safety, obtaining immigration relief, and obtaining housing and public benefits.  Each of the iterations has also revealed what works and what does not work and where the work is for the future.   Many of the women who approach Manavi have been able to use the immigration provisions.  Some of the added provisions are helpful for many women who are undocumented such as protections for fiancées was an important advancement.    However, many of the women who are on H dependent visas are unable to forge an independent path.  While some use the U visa provisions, nevertheless, we still have to figure out what other avenues exist.

Additionally, many of the provisions for sexual assault and campus programs are essential in our communities.  Sexual violence remains a taboo subject in South Asian communities.  Along with the current events in many of the South Asian countries, there is impetus to raise the issue of sexual violence as evidenced by the many vigils and activities around the issue in our communities.  VAWA will allow us to do much work in the community on this issue, especially among the youth and those on college campuses.  

What are some of the unique circumstances of South Asian domestic violence victims?

There are several unique challenges faced by South Asian women, who are victims of violence.  

Language plays a big part in the lives of South Asian women.  It is a challenge for women when they attempt to access services or law enforcement, or the courts if they do not speak or understand English.  Interpreters for some of the languages and dialects are not readily available leading to many missed opportunities.   Unbiased professional interpreters in some of the languages are hard to come by and there is very little accountability.

Cultural reality is another challenge faced by South Asian women. Many women fear the repercussion of speaking out about the violence or attaining a restraining order or divorce within the community and their families.  There is a strong social stigma around a broken marriage and sexual violence, and for women to reach out for support and take a stand, is very difficult. Many in the systems and institutions may not understand the reluctance or the recantations and brokering cultural exchange is an important service provided by Manavi so that other players can understand where the women are coming from and the reluctance that shapes specific behaviors.

Immigration status is also a challenge for South Asian women. Many women are on a visa status dependant on their spouse. Many of these visas have restrictions such as not being able to drive, work, or have a social security card. This isolates them in many ways and also forces them to be subject to their spouse’s control and abuse.  For the women who have children born in the US, the option to leave the marriage is not an easy one because of custody concerns.  Understanding the provisions of the laws in the US vs. the South Asian laws and its impact on families and relationships is critical for women to make decisions that are empowering in the end.

What has your organization been able to achieve in terms of advancing the cause of South Asian domestic violence victims?

On a day to day basis, Manavi provides several options for the women who call us. We provide peer-supportive counseling that is language specific, culturally specific and recognize that women may have newly emigrated from South Asia may be unaware of their rights. We are able to walk them through their rights and the risks of all the possible options available so that they can make decisions that are best suited to their circumstances.   We also hold support groups and provide a safe space for women to talk about what they have been through and gain emotional support from their peers.

Manavi provides a safe home called Ashiana, which is in an undisclosed location, where women can get their bearings and make informed decisions about their lives. Manavi provides free legal clinics, legal referrals, and court accompaniments to help the women feel supported throughout the difficult process of using the legal system.

Through our outreach and education program, we raise awareness about the various forms of violence against women in our communities and provide information and resources.  We work closely with our allies in the domestic and sexual violence movements and provide trainings to them as well as law enforcement and court staff on how to better work with South Asian women.

Manavi has been at the forefront of the movement to end violence against women as the first South Asian women’s organization founded in 1985.  Working and challenging our allies locally and nationally we have provided innovative ideas and cutting edge work in our 29 years.  This has been helped by our continued involvement with many of our sister organizations in South Asia.

Do you believe the South Asian community in the United States has come a long way since the initial passage of VAWA in 1994?

We do believe that since the initial passage of VAWA, the South Asian community has made remarkable progress.  Even in the early years, many of the community members supported our work since we never wanted funding to dictate what needed to be done in the community.  Many segment of the community struggled with us and many did not. But clearly a lot still needs to be done. Violence against women is still a big issue in the South Asian community and although people are more open to talking about it, there are still many barriers that women face. Some of the newer provisions on sexual violence and campus grants will help us move into new areas of work with the support of our communities.

If you are in a domestic violence situation, please contact Manavi for help. For more information on domestic violence, please visit the Domestic Violence Page

Legal Analyst, Author and Defense Attorney: Mickey Sherman

Legal Analyst, Author and Defense Attorney: Mickey Sherman

Greenwich, CT—Legal analyst, author and criminal defense attorney Mickey Sherman says that one of the biggest challenges facing criminal defendants today is a matter of public perception.

“The public view is that everyone must be guilty if they got arrested,” Sherman told laws.com in a recent interview.  “Also, we now have the 'CSI factor.'  All these crime solving or forensic investigation television shows affect the public perception of what crime is, though that probably hurts the prosecutors more than the defendants.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Sherman is no stranger to television himself.  In fact, a case in which he was defense counsel was the first trial to be broadcast in its entirety on then-fledgling Court TV.  He has provided commentary over the years for high profile trial coverage, including the O.J. Simpson trial, and worked with CBS's Early Show as a legal analyst for four years.

Commentary, Sherman explains, is an art—and not one that all attorneys are naturals at.  “You'd be surprised at how many intelligent lawyers are not good commentators, or get insulted when Nancy Grace cuts them off,” he says.  “It's just part of the show.  Another problem I have noticed is that when some attorneys get in front of the camera, they can't contain a thought or an answer in the short time they are given.  Just because you are great in court does not mean you're great for TV.”

His secret to television success?  “Although I take my job as a legal analyst seriously, I don't take being in front of the cameras too seriously.”

Over the years, Sherman has defended a number of controversial clients.  Those cases led to him hearing the same question so often that he decided to write a book using it as the title: “How Could You Defend Those People?”  He says: “I could be walking in a Dunkin' Donuts, or attend an exclusive cocktail party, and people always asked me, 'Hey, Mr. Sherman, how could you defend those people?'  I could be giving a speech at a prestigious legal organization or just walk down the street and people always ask me that question.  The book is more like a backstage pass to the criminal justice system and my career.”

Sherman's career as an attorney led his son Mark to pursue a career in law as well.  When advising him, Sherman says his advice was to “spend more time listening to clients, and never pre-judge anyone.  We are not in the business of judging people.  Both sides sometimes want to win so much that they cut corners.  My best advice would be not to cut corners.”

Today, Sherman is running his own firm in Connecticut, and says that when deciding whether to take a case to trial, “Each case is different.  You listen to your client and learn the facts.”

Not all attorneys are willing to take cases to the courtroom, says Sherman, which often stems less from the case itself and more from an attorney's insecurities.  “So many lawyers don't want to or are afraid to go to trial.  They are afraid of the unknown.  To me, the spontaneity is one of the best parts of being a criminal defense lawyer—an adrenaline rush occurs when I am in the courtroom.”

Like Father, Like Son: Criminal Law Attorney Todd Spodek

Like Father, Like Son: Criminal Law Attorney Todd Spodek

New York, NY—For Todd Spodek, the seeds of a successful career in law were sown during childhood.  “As a child working for my father’s law firm,” Spodek recalled in a recent interview with laws.com, “I was intrigued by the courts and the criminal trial process.  I knew early on that I wanted to try criminal cases.”

Instead of jumping right into private criminal defense, though, Spodek decided to start out on the other side of the justice system.  “I wanted a more well-rounded background in the criminal justice process, so I majored in criminal justice in college, and after college worked at a large law firm doing investigations and prepping mutli-defendant cases for trial. I focused my time at law school on trial practice and once I graduated – on trying and winning as many jury trials as I could.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Spodek says that his first “big” case came when he represented a woman who had been charged with assault in Brooklyn.  “This woman was bullied every day by a local gang,” he explains.  “One day she was attacked, and she fought back, causing devastating injuries to the aggressors  We made the case for self defense, which is an affirmative defense, at trial—and obtained a full acquittal.”

The case taught Spodek that “in order to win trials, you need to outwork everyone else.  You need to understand the facts and circumstances of the case from your client’s point of view.”

Changes in technology have meant significant changes to the types of evidence that are brought in at trials, and Spodek says that people involved in criminal cases need to be aware of these changes.  “I think that both criminal defendants and criminal defense attorneys need to realize that more and more social media and cellular phone triangulation evidence is being introduced at trial and used to obtain convictions,” he says.  “Defense attorneys need to understand how social media networks work, how IP addresses work, and how different cell phone technology works.”

This understanding can make a big difference to how a case turns out, in Spodek’s experience.  In one recent murder trial, he says, “the District Attorney attempted to place my client at certain locations both before the crime and after.  On cross examination, I was able to successfully show that cell sites are inherently unreliable.  Even if your cell phone is pinging off a certain tower, it doesn’t mean you were in an exact location.” Spodek’s client was acquitted of murder.

Deciding whether to go to trial or not can be a tricky proposition for any criminal defense attorney, and Spodek says that he considers a long list of factors before deciding whether to accept a plea deal.  “Trial is all about exposure,” he explains.  “If you go down at trial, what is your exposure?  How does that compare to a potential deal?  Do I think we can win?  Do I think we can win on the top counts?  Can you get probation, or is it mandatory jail or prison time?  Can there be consecutive or concurrent time?”

Only after considering all these factors does Spodek decide how to advise his clients.  As for how he picks those clients, he says that those choices are much more simple: “I look for cases that I think I can win—big or small.”

For attorneys interested in criminal defense, Spodek has a key piece of advice.  “Be a straight shooter with clients, district attorneys, and judges,” he says.  “People will respect you for it, and your reputation is worth protecting.”

Todd Spodek

Prestigious Criminal Defense Attorney Gives His Formula to Success

Prestigious Criminal Defense Attorney Gives His Formula to Success

New York, NY—After defending clients from criminal allegations in many high profile cases, 45 year old Joseph Tacopina says that it takes a combination of factors to make a successful criminal defense attorney.  “My formula to success is passion and hard work.  You have to work incredibly hard, and for me it took many years to even work into becoming a defense attorney.  I often spent days and nights putting myself into networking situations.”

In order to become a defense attorney who would know how to try cases, and with no connections to any attorneys, Tacopina—now described as the “Rocky Balboa of criminal defense law”—first became a prosecutor with the Brooklyn District Attorney's office.  When he opened up his own criminal defense practice, he knew he'd have to attract clients somehow, even in one of the most competitive markets in the country.

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

“One way I decided to make a name for myself was to represent police officers who were charged for various crimes, for a very minimal fee, these were cases the public focused on,” Tacopina told laws.com in a recent interview.  “Knowing that these cases would be watched very carefully, I had enough confidence in myself to know that if I did my job well, some sense of recognition would evolve.”

Being a criminal defense attorney has meant defending some notorious defendants who've received extensive press coverage—most recently, the “rape cops” who were accused of raping a woman while on duty.  These high profile cases bring their own challenges to the practice of law, according to Tacopina.  Although this case brought its challenges, Tacopina won an acquittal for his clients on the most serious charges of rape and burglary.

“When someone takes on a high profiled case, you are fighting two battles.  One inside the courtroom, and the other outside,” he says.  “You have to make sure you balance the playing field as much as possible, because people are quick to jump to conclusions.”

Tacopina says that he has no interest in practicing other types of law.  “When I was first starting out as a lawyer, people kept telling me to work for a big corporate firm because according to them, that is where an  attorney like myself would be successful in.  But that wasn't what I was interested in—I would rather be working at a bar or coffee shop in Rome instead of working for a big corporate law firm.”

Still, the 21st century has brought new challenges for defense lawyers across the United States.  “The internet has been used as a tool for those involved in the trial to do their own research, which is prohibited and wrong because you don't know if you are getting the correct information,” says Tacopina.  

While in some high profile cases, juries are sequestered, sequestration is relatively uncommon, and jurors who go home can do things they shouldn't, according to Tacopina.  “As a defense attorney, all I can do is hope that the jurors follow the regulations, but unfortunately there is a lot of information out there, and it is a challenge to monitor them.”

Joseph Tacopina has been recognized for his hard work by the most prestigious publications of the country. The New York Times wrote  "Mr. Tacopina is to defense bar what Donald Trump is to real estate." The Wall Street Journal ranked him among a group of top criminal defense lawyers.  But despite having achieved numerous honors and recognitions he says he doesn't need to be in the spotlight to be worth giving it his all.  “When I work on a case, it automatically becomes my most important case, because I have that person's life in my hands.  If you don't take a case seriously, then you aren't going to be successful and you really shouldn't be doing this.  This is not to be taken lightly.  If an attorney only starts focusing on cases that are high profile, then they are really failing in their obligations.”

Today, Joseph Tacopina is senior partner at The Law Offices of Tacopina Seigel & Turano, P.C. based out of midtown Manhattan that focuses on criminal defense, civil, and securities litigation.  His civil practice has succeeded in numerous personal injury, commercial and employment litigation cases.  To learn more about Joseph Tacopina and his practice please visit www.tacopinalaw.com

Fighting for Your Rights: Criminal Defense Attorney Matthew Galluzzo

Fighting for Your Rights: Criminal Defense Attorney Matthew Galluzzo

New York, NY—While some people only realize they want to be part of the criminal law world once they're already in law school, trial has been in defense attorney Matthew Galluzzo's blood for much longer.

“I can remember as a fifth grader organizing a criminal trial for a classmate who had committed some perceived infraction on the playground,” he told laws.com in a recent interview.  “I assumed the role of prosecutor, grabbed a witness, and drafted a couple other kids to be the judge and the defense attorney.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Galluzzo's first foray into the world of criminal law didn't work out: “Unfortunately, my trial lasted about two minutes before the other kids got confused and distracted and ran off.  But I think back to that vivid memory and laugh—maybe I was born to be a criminal lawyer?  To be sure, I always loved the drama of the courtroom.”

After holding a job at the Manhattan District Attorney's office after graduation, Galluzzo started his own firm with a partner.  “My first 'big case' was my first trial as a defense attorney,” he explains.  “I was representing a man accused of robbery, and his criminal record was so significant that he was facing a potential life sentence on conviction.”

Instead of serving life, the man served just two years—“My client wept tears of joy, and I felt a unique combination of joy, relief, and exhaustion.  It was my first trial as a defense attorney, but it still remains one of the real highlights of my professional career.”  He and the client remain friends to this day, corresponding with letters and having lunch together from time to time.

Today, criminal defendants face a major challenge due to the underfunding of public defense attorneys, according to Galluzzo.  “Their work is undervalued and their agencies are simply underfunded,” he says.  “To me, the criminal justice system would be much more fair if we hired more qualified public defenders and paid them better.”

Galluzzo offers a unique piece of advice for would-be criminal defense attorneys.  “I speak and write French fluently, and it has proven to be an enormous advantage to me in terms of winning clients,” he says.  “I think foreign language skills are seriously underappreciated in this business, and I highly recommend that anyone interested in becoming a criminal defense attorney either develop skills in a second language or improve upon existing ones.”

In his firm, Galluzzo says that he chooses to represent clients based on more than just the bottom line.  “Though I can't afford to only represent people who can't pay reasonable retainers, I'd honestly rather represent a reliable and level headed client without much money than defend an obnoxious and irrational client with a lot of money.”

When trying to decide whether to go to trial, Galluzzo says that it's his opinion that innocent people should never take a plea deal, regardless of the circumstances.  “Otherwise, I think it can be a good idea to go to trial if the defendant has a reasonable chance of winning, or if the defendant does not have too much to lose.”

The secret of happy attorneys, according to Galluzzo, is getting great partners.  The two other attorneys at Galluzzo's firm, he says, “give me tremendous confidence in our work.  We really enjoy each other's company, and I consider themselves to be my brothers at this point.  Also, we bring different skills and perspectives to the table, and that gives our firm an unusual amount of flexibility and versatility.  I feel very fortunate to be part of such a great team, and I know that I would not be as happy or as successful as a solo practitioner.”

Matthew Galluzzo is an aggressive and accomplished litigator who cares deeply about his clients. He has experience representing high-profile clients in high-stakes matters and gets outstanding results under pressure. His clients often rave about him and routinely refer their friends and loved ones to him. He specializes primarily in criminal defense, appeals, civil rights, and civil litigation. To learn more about this reputable New York Criminal Defense Attorney and his practice.

Galluzzo & Johnson LLP is located in the historic Bank of New York Building at 48 Wall Street in the heart of the financial district in downtown Manhattan.  To learn more about him, visit www.gjllp.com/

Prominent Criminal Defense Attorney David Oblon Talks Defense

Prominent Criminal Defense Attorney David Oblon Talks Defense

Arlington, VA—For David Oblon, named one of Washingtonian magazine's “Best Lawyers” a successful career in criminal law started with an economic choice—but his career soon blossomed into being something about much more than just making money.

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

“I'd love to say that criminal defense was my aspiration since watching Inherit the Wind, but unfortunately this is not true,” Oblon, who has now been a practicing lawyer in the Washington DC area for over 15 years, told laws.com in a recent interview.

Oblon began his career not as an attorney, but as a law clerk for a large antitrust law firm in Washington DC.  Going part time to law school in the evenings while holding down his full time firm job seemed like a great way to do what he was most passionate about: “I loved antitrust and trade regulation law.”

Just when it seemed like Oblon would work in antitrust for his whole career, a look at financial realities changed Oblon's path forever.  “I had been trained in law and economics.  While working on my monthly bills, it occurred to me that if I were in a law practice of my own and generated just a fraction of the work I was then doing, I could make a very good living.  This is economics 101!”

Instead of going to work for someone else's firm when he graduated law school, Oblon started his own practice with one partner.  At first, he wanted to practice antitrust law, but clients preferred to do business with attorneys at large firms who had handled a great deal of litigation.  “I began to get hungry, and, unwilling to admit defeat as always, I started seeking any legal work I could get.”

After signing up to be a court appointed attorney for indigent defendants, Oblon discovered he had a latent talent—criminal defense.  “I began getting very good results, and my appointed clients quickly began referring people they knew to me—people who could pay fees.” In addition to clients, other lawyers noticed Oblon.  He has been asked to teach law to other lawyers – and even judges – at continuing legal education programs multiple times a year for over a decade and a half.   

Today, Oblon's practice includes 13 total attorneys, and he now specializes in criminal defense.  Along the way, he's defended some major cases, including the first person to ever be charged with felony unlawful distribution of commercial e-mail.  “Since everyone hates spam—me included—the case made international news,” says Oblon.  “I learned to never give up, despite the courts, media, and e-mail users everywhere being critical.”

In Virginia, where Oblon practices, he says that sentencing guidelines have led to difficulties for clients who want to exercise their right to a jury trial.  “Judges in Virginia are required to consult sentencing guidelines—statistically average sentences—and if they decline to follow them, they have to give a written explanation.  Jurors are given no such guidance.  Therefore, the risk of a 'runaway' jury could result in considerably more incarceration for a defendant than if convicted by a judge alone through a plea.”

This, in turn, opens the door for abuse, according to Oblon.  “In the federal system, prosecutors can effectively leverage the sentencing guidelines to exact guilty pleas from people who otherwise want to go to trial.”  As an example, Oblon says to think about a defendant facing charges that would result in a long sentence if convicted, but then is offered a plea to a lesser crime.  “With the likelihood of much less or no incarceration, even the innocent person would rationally consider the plea bargain.”

To learn more about David Oblon please visit his official website https://www.albo-oblon.com.

Facing Domestic Violence Head On – The Oregon Coalition Against Domestic and Sexual Violence

Facing Domestic Violence Head On - The Oregon Coalition Against Domestic and Sexual Violence

Great progress has been made in the fight against domestic violence with the recent passage of  the Violence Against Women Act (VAWA). The reauthorization of this bill has been signed into law by President Obama earlier this month. It has also received bipartisan support in both the Senate and the House of Representatives.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

Since 1994, the Violence Against Women Act has provided a comprehensive approach to tackling the issues of sexual and domestic violence. It established the National Domestic Violence Hotline and improved the response of the criminal justice system to the problem of domestic violence.  

In Oregon, sexual and domestic violence programs answered more than 175,000 calls for help in 2011. That same year, more than 5,000 women, men and children were sheltered. In addition, more than 27,000 victims of domestic violence received community-based support from different programs across the state.

The Oregon Coalition Against Domestic and Sexual Violence (OCADSV) was founded in 1978 to serve survivors of sexual and domestic violence. A non-profit, feminist organization, the OCADSV provides training, technical assistance and public education to crisis centers. It seeks to eliminate sexual and domestic violence through community engagement and survivor advocacy.  

The following is an interview with Debbie Fox, Development Director at the OCADSV, on the reauthorization of VAWA.

In your opinion, what does the passage of the Violence Against Women Act (VAWA) mean for the women's rights movement?

I think the recent passage signifies the need for the current women's rights movement to continue educating our legislators and the public on how violence against women affects everyone. With 1 in 3 women affected by gendered violence, there should be no question that VAWA should be passed without controversy.

Do you think the new version of VAWA goes far enough to protect women against sexual and domestic violence?

I believe the new version of VAWA goes further to protect ALL women who experience domestic violence but there is still limited funding to cover preventative measures that will get at the root causes of domestic violence in our society.  We need more prevention initiatives to address the core reasons why violence against women exists, and that is the oppression and systemic issues that exists in our society.

The new version of VAWA includes historic provisions for members of the LGBT community and Native American Women. Do you think this is a step in the right direction for LGBT people and Native American Women?

Yes, the Violence Against Women Reauthorization Act of 2013 is a step in the right direction for American Indian women and LGBT people in the United States. According to Jodi Gillette, Senior Policy Advisor for Native American Affairs, and Charles Galbraith, Associate Director in the Office of Intergovernmental Affairs, “The new law…clarifies that tribal courts have full civil jurisdiction to provide Native American women the safety and security of protection orders. And the new law gives additional tools to federal prosecutors to combat severe cases of domestic violence.”[1]

Prior to passage of the law, the National Congress of American Indians reported on the proposed changes, “The constitutionally sound tribal jurisdiction provisions in VAWA authorize tribal governments to prosecute non-Indian defendants involved in intimate relationships with Native women and who assault these victims on tribal land.”[2]

On the other hand, Natalie Landreth, Staff Attorney for the Native American Rights Fund, argues that the law did not go far enough. She states,  “Nationwide, many celebrated the new provisions allowing tribal governments to prosecute non-Indian perpetrators of domestic violence and sexual assault. It was a long overdue fix for a jurisdictional loophole. However, VAWA contained a controversial provision that excluded Alaska Native tribes from the tribal jurisdiction provisions.”

For people who are LGBT, the National Gay and Lesbian Task Force Action Fund – with a broad-based coalition – worked for the inclusion of sexual orientation and gender identity in the law. Task Force Executive Director Rea Carey says:

“This is a historic moment for our country. For the first time, this lifesaving law contains explicit protections for LGBT people. To be the target of domestic and sexual assault is terrifying and traumatic, and LGBT people are not immune from this violence. This inclusive Violence Against Women Act is critical to ensuring that the distress experienced by survivors of sexual violence is not compounded by a lack of proper response from service providers or law enforcement. We applaud all those who worked so hard to make sure no one was left behind in this law. We are proud to be a partner in this victory. Thousands of survivors of domestic and sexual violence will get the care they need because so many stood firm for what is right. This is a great day for America.”[3]


[1] Retrieved from the website for The White House at https://www.whitehouse.gov/blog/2013/03/07/president-signs-2013-vawa-empowering-tribes-protect-native-women on March 31, 2013

[2] Retrieved from the website of the National Congress of American Indians at https://www.ncai.org/news/articles/2013/02/28/house-passes-violence-against-women-act on March 31, 2013

[3] Retrieved from the website of the National Gay and Lesbian Task Force at https://thetaskforceblog.org/2013/03/07/president-obama-signs-lgbt-inclusive-violence-against-women-act/ on April 1, 2013

What has your organization been able to achieve in terms of advancing the cause of domestic violence victims in Oregon?

Oregon has achieved many strides over the years, to passing landmark legislation to criminalize rape in marriage at the beginning of the violence against women's movement, to addressing systemic barriers that communities of color experience in Oregon.  The Oregon Coalition are statewide leaders in advancing  social change as necessary to end violence against women and children, as well as to end oppression of all people. The Coalition promotes the belief that all women have the inherent right to make their own decisions concerning lifestyles, sexuality, sexual orientation, education, employment, reproductive matters and spirituality. We are committed to supporting and involving underserved communities as well as upholding standards for anti-racism work in Oregon.

Do you believe Oregon has come a long way since the initial passage of VAWA in 1994?

Yes, we have made huge strides in addressing this long hidden issues in all communities in Oregon, from rural to the urban centers.  We have a comprehensive networks of crisis and advocacy centers that help women and children heal from the abuse they have experienced.  We have a statewide safety net across the state that didn't exist with federal support before the passing of VAWA.

If you are in a domestic violence situation, please contact the OCADSV for help. For more information on domestic violence, please visit the Domestic Violence Page.

Interviewed with Debbie Fox of the Oregon Coalition Against Domestic and Sexual Violence, Portland, Oregon

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