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Lotfi Raissi

Lotfi Raissi

 


Lotfi Raissi

 

Lotfi Raissi is an Algerian born airline pilot who was living in England following the attacks of September 11, 2001. He was wrongfully arrested on suspicion of training the hijackers of American Airlines Flight 77, which was steered into the Pentagon.

 

Ten days after the events of September 11, Lotfi Raissi was arrested. Released four days later, he was arrested again by the British authorities and ordered held without bail at the request of American authorities, who wished to extradite and prosecute him for his alleged role in the attacks. Lotfi Raissi was then held in custody for four and a half months in a maximum security facility.

 

When Lotfi Raissi was finally brought to trial, the evidence which had allegedly been assembled against him turned out to not be present. The case had begun from the discovery that Lotfi Raissi had attended the same flight school as some of the hijackers. The authorities alleged that he had not only attended the flight school but trained the terrorists, a claim that proved to be unsubstantiated. As a result, the case against him was dismissed. In 2003, Lotfi Raissi successfully sued Associated Newspapers, owners of the British tabloid "The Daily Mail," for libel in reprinting the allegations of his involvement in the attack. He received an out-of-court settlement, whose financial terms were not made public.

 

 That same year, Lotfi Raissi announced his intention of suing both the American Department of Justice and the FBI for their unjust arrest and prosecution, which they claimed had made it impossible for him to find gainful employment. The case took a number of years to make its way through the British court system, by which point the British Ministry of Justice was the target of the lawsuit. In 2007, the High Court rejected his claim for compensation on the grounds that his wrongful arrest and confinement was part of the extradition process, for which the Ministry of Justice could not be held responsible.

 

 In 2008, Britain's Court of Appeal heard the case and rejected the ruling of the High Court. In its verdict, the Court of Appeal said that Lotfi Raissi had been totally cleared of any suspicion of wrongdoing. The verdict went on to censure British legal authorities for abusing the court system, concealing evidence and making false allegations. Furthermore, the ruling said that Lotfi Raissi was eligible for compensation from the Ministry of Justice.

 In 2010, the case of Lotfi Raissi was formally reviewed by Jack Straw, the secretary of the Ministry of Justice, who reversed that agency's previous position that Raissi was eligible for compensation. The language used by Straw said that Lotfi Raissi was "completely exonerated" rather than using the term "serious default," which would have compelled an investigation of the wrongful arrest process. While Lotfi Raissi's attorney was disappointed with this result, they proceeded to move forward with the compensation process. As of October 2012, no public announcement has been made of any settlement.

Information Requested about “Chubby Bandit”

Information Requested about “Chubby Bandit”


On October 17, 2012, the San Diego FBI and local law enforcement asked the public for help in identifying and catching a serial bank robber known as the “Chubby Bandit.”  Any information is helpful.  


The suspect is believed to have robbed four banks between October 9 and October 16.  The “Chubby Bandit” uses a note to demand money from the tellers, and he used verbal commands in some of the robberies as well.  He threatened to have a gun in one of the robberies, but the gun was not captured by surveillance cameras.  


The “Chubby Bandit” is believed to have committed the following robberies.  


The first robbery occurred on October 9, 2012 at the U.S. Bank on 12655 Scripps Poway Parkway in Poway, California at about 5:32 p.m.


The second robbery occurred on October 11, 2012 at Chase Bank on 7176 Avenida Encinas in Solana Beach, California around 1:03 p.m.  


The third robbery occurred on October 13, 2012 at Chase Bank on 607 Lomas Santa Fe in Solana Beach, California at approximately 1:30 p.m.


The fourth robbery occurred on October 15, 2012 at Wells Fargo Bank on 276 North El Camino Real in Encinitas, California around 2:47 p.m.


The last robbery occurred on October 16, 2012 at the U.S. Bank on 770 Village Drive in Carlsbad, California at approximately 2:23 p.m.  

Witnesses and surveillance have described the suspect as a white male between 25 and 35 years old.  He is between 5’6” and 5’9” tall and weighs between 180 and 200 pounds.  He has worn three different hats during the robberies, and they all had an “NY” logo on the front.  


If you have any information about the robberies or the suspect, you need to call the FBI immediately at the following telephone number: (858) 565-1255.  Your name will remain anonymous if you choose.  


Source: Federal Bureau of Investigation

Man Gets 57 Months for Assaulting Federal Officer

Man Gets 57 Months for Assaulting Federal Officer


On November 6, 2012, the US Attorney’s Office for the District of Connecticut announced that Jeffrey Thomas of Bridgeport, Connecticut, was sentenced to 57 months in prison and three years of supervised release after he assaulted a federal law enforcement officer.  Thomas was sentenced by Senior United States District Judge Warren W. Eginton.  


The assault happened while the FBI Bridgeport Safe Streets Task Force and the Connecticut State Police Statewide Narcotics Task Force were investigating narcotics and violent crime activity in Bridgeport along the Trumbull Gardens housing complex.  


On May 24, 2012, federal officers asked to speak to Thomas after he drove his car and stopped at the side of the road along Old Town Road and Oman Street in Trumbull, Connecticut.  When the federal officers approached his vehicle, Thomas proceeded to put the car in reverse, ram into the officers’ car, and then drive frantically toward the two FBI agents.  When Thomas approached the agents with his car, one of the agents had to fire his gun to protect himself.  


A pursuit pursued after the assault, and Thomas crashed the vehicle a short distance away.  He exited the vehicle after he crashed and ran into a private residence on Voight Avenue in Bridgeport, but he was apprehended in a short amount of time.  A search of his vehicle found crack cocaine and heroin.  


Thomas pleaded guilty to one count of assaulting a federal officer on August 14 and was sentenced to 57 months in prison.  The Bridgeport Safe Streets Task Force is made up of the Bridgeport, Norwalk, and Trumbull Police Department and FBI agents and works together with the Connecticut State Police Statewide Narcotics Task Force.  


Source: Federal Bureau of Investigation

Crushing Animals to Death – Part 2

Crushing Animals to Death - Part 2

Part 1 of the Article

Part II: Herald Price Fahringer, Esq Offers His Expertise

What happens to the Federal case if both Richards and Justice (the defendants) agree to a deal with the Houston DA on the cruelty to animal’s case? Apparently, under the Petite Policy the US Attorney will not prosecute someone that has already been prosecuted by the State.

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

Generally speaking, there is a double jeopardy rule that follows if a person has been prosecuted in a state. The federal government will not re-prosecute unless it involves a different element and in this case it does!

Very few federal US attorneys are barred from bringing, a prosecution because, under the federal law it has to affect interstate commerce or it requires a different element, of intent.

Does Judge Lake’s opinion that the Federal law is invalid since it violates the 1st Amendment mean the law has been stricken down and no longer valid? Or does Judge Lake’s decision only apply to his courtroom or circuit court?

His decision can be used as precedent. This means that, although it is a district court decision in Texas, , if this is the only decision on the issue, another district judge, for example in New York, may elect to follow that decision if it is well reasoned and sound. On the other hand, no other court in the country is bound by that decision!

Once the US Attorney decides to file the actual appeal, how long does it usually take for the Court to consider the appeal and render a decision?

In the 5th Circuit, which includes Texas, the average time for an appeal to be prosecuted and decided is 11 months.

Is there anything the public can do to get the decision by Judge Lake appealed?  Can the public petition, hire an attorney to write amicus briefs, or testify themselves?

First of all, once a case is appealed, there is no opportunity to add testimony. However, what the public can do, and this is often done through an organization, is file amicus briefs. Courts welcome those because it gives the court a different perspective of the appeal, and this is quite common.

There have been cases in the US Supreme Court where there have been almost 100 amicus briefs filed. This usually occurs in very controversial cases. To file an amicus brief you must obtain permission. The procedure requires that an application be made to the court seeking permission to file the brief. and then the Court decides whether it will be accepted. Generally speaking, most courts will accept amicus briefs because, logically, they would want to take everyone’s view on a particular subject.

Is there any approach to the US Attorney’s office that any member of the public or an animal rights organization, for instance, can consider in order to facilitate them moving forward with the appeal?

No, with one caveat: letters can be sent to the US Attorney’s office, in the form of a letter campaign for example, that indicate that we think this is an awfully important case. An appeal can be expedited, and the public can ask for the expedition.

Do you believe the act violates one’s First Amendment rights?

I do. I think in a free society people should see whatever they want as long as it is not harmful to the community. I am very much committed to that view. I think the First Amendment contributed more than anything else to the freedoms that we all enjoy and one of them is to see or read whatever we want, even though it may be terribly distasteful. I am an animal lover myself, but the overwhelming consideration is if someone wants to see a film of this type, they should be allowed to see it.

What about production of such videos?

The animal lover’s interests are adequately protected by prosecuting the people involved in these videos for animal cruelty. Every state in the Union has some form of statute that makes it a crime to harm an animal unjustifiably. So I feel the proper prosecuting authorities should prosecute the people who commit acts of cruelty against animals.

The other thing I want to be sure to mention is that whether or not this really comes within an obscenity statute is a serious question. It is a matter of record that at one point in the Soviet Union 85% of all literature was suppressed under an obscenity statute. The problem with obscenity statutes is that they are so broadly drawn and so terribly vague that you can prosecute anything or anyone under such a statute and I think the public should always be alert to that!

To learn more about the Animal Beta Project, please visit their site.

To learn more about Herald Fahringer and his practice, please visit www.fahringerlaw.com.

For more information on criminal laws and the latest news, please visit our Criminal Laws Page.

Interviewed with Herald Price Fahringer, New York, New York

Crushing Animals to Death – A Story of Unspeakable Cruelty, Sexual Deviance and Freedom of Speech

Crushing Animals to Death - A Story of Unspeakable Cruelty, Sexual Deviance and Freedom of Speech

Part 2 of the Article

Animal cruelty is appalling in and of itself. From dogs being made to fight to the death, to kittens being abandoned on highways, all forms of animal cruelty are repulsive and, rightly, are a crime in all states.

However, one form of animal cruelty that has recently regained the public’s attention is a true testament to how base the human condition can sometimes be. The form of animal cruelty being referenced here are “Animal Crush” videos. “Animal Crush” videos are videos where animals are being crushed to death, or even disemboweled with a knife, usually by a woman, for the sake of the sexual gratification of, usually, a male audience.

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

Those who are shocked by the idea of such a practice must be asking themselves whether there is any law against it. There is.

President Obama signed into law the Animal Crush Video Prohibition Act in 2010. The bill made it a federal crime for anyone to create an animal crush video and prohibits the sale, distribution, marketing or exchange of such videos in interstate or foreign commerce. This act replaced Public Law No: 106 – 152, which prohibited the knowing sale, creation or possession of depictions of cruelty to animals with the intention of placing such depiction in foreign or interstate commerce. This statute was deemed unconstitutional by the United States Supreme Court in United States vs. Stevens for violating the First Amendment Right of freedom of speech because it was too vague and broad. Its successor, The Animal Crush Video Prohibition Act, aimed to avoid being too broad in its language by specifically banning the depictions of animals being crushed for the sake of satisfying a sexual fetish.

For animal lovers everywhere, and, truly, for anyone with even an ounce of humanity in them, the fact that there was a law against this was great news. However, no prosecution had come under this 2010 statute. Until now.

In July of 2012 someone stumbled upon an 8 minute video of a woman calling herself Cruel Meshalette mutilating and disemboweling a small cat she had duct-taped to the floor while clad in short-shorts, heels and a bra. They then send it to the organization People for the Ethical Treatment of Animals (PETA).  PETA forwards the video to the Animal Beta Project, a dynamic yet loose affiliation of animal rights activists and online detectives who have a great track record of identifying assailants and their location in animal cruelty videos they find on the web. Within 48 hours, the ABP is able to identify the woman in the video as Ashley Nicole Richards and her exact address in Houston, Texas.

This information is then sent back to PETA, who get in touch with the Houston Police Department. The Houston Police then arrive at Richards residence in west Houston, arrest her and her roommate, Brent Wayne Justice, 51, who they believe was the cameraman filming the unspeakable act. Their computer is seized, and the cops uncover more animal crush videos from it.

Initially, Harris County District Attorney Belinda Smith presses animal cruelty charges. However, the US Attorney’s office gets involved and wants to prosecute the defendants under the crush video bill. Harris County drops the animal cruelty charges and hands over the couple to the feds. Richards and Justice become the first two people in the nation’s history to be tried under the animal crush bill. They are charged with five counts under the bill and with two separate counts of obscenity. The five counts under the animal crush bill alone carried a maximum of 45 years in prison.

US District Court Judge Sim Lake, unfortunately, did not see eye to eye with federal prosecutors, and  struck down the animal crush video counts, arguing that the law was far too broad and violated the First Amendment.

The story continues, however, as federal prosecutors have last month filed a notice of appeal on the five counts that were tossed by Judge Sim Lake. They did drop the two obscenity counts and the DA’s office has re-filed the animal cruelty charges against Richards and Justice.

This truly is a fascinating case, and it is likely that most of those reading this article will be shocked that the law has been challenged on First Amendment, freedom of speech grounds.

In an effort to look behind the facts, laws.com has conducted two interviews that will give its readers meaningful insights into this case.

The first interview is with the Animal Beta Project (ABP), the group who helped bring these two individuals to justice in the first place. They talk to laws.com about the case, what they plan on doing to make sure justice is served, and their work in the realm of bringing those invovled in animal cruelty to justice.

The second interview is with attorney Herald Price Fahringer, an authority on the First Amendment. Through this interview, he informs the public of their legal options of moving this case along and his opinion on whether the animal crush bill does indeed violate the First Amendment.

Part I: The Animal Beta Project Weighs in on the Animal Crush Case

How do you feel about the district judge’s decision to dismiss the five charges against the defendants under the Animal Crush Video Prohibition Act of 2010?

The Judge’s decision was a surprise, but we understood the validity of the case and law would be questioned based on the previous United States v. Stevens case. We thought the Federal case would at least be taken in front of a jury to decide and then later appealed, but never that the presiding Judge would drop the majority of charges prior to trial.

These crush videos are deplorable and depict the most heinous form of cruelty. We doubt anyone could view one of the accused videos and think “Yes, this is a form of speech, and should be protected by the 1st amendment.”

When the Animal Crush Video Prohibition Act of 2010 was written, it focused specifically on these crush videos to make the production and distribution of them a federal violation. We understand their crush videos may only meet 2 of the 3 prongs of the Miller test to determine obscenity. But if the market for these crush videos is not dried up, then there will other people willing to take their place and kill more animals in order to make a profit.

The US attorney’s office of Southern Texas has said prosecutors are now considering other legal options in response to the judge’s decision. Are you optimistic that they will take further action?

Very optimistic! We have full faith in the US Attorney's office and support their efforts in filing a successful appeal. We respect the Judge's opinion and decision, but hope it will be reversed under appeal and the Federal case tried in front of a jury.

This case is important due to the fact it is the first case ever to be prosecuted under the Federal law. The public needs to understand there is a demand for these types of fetish videos, and they are for the sole purpose of sexual gratification to the viewer. Our opinion is these crush videos offer no redeeming value to society and need to be stopped. We hope the Solicitor General makes a decision soon to appeal!

If the US attorney’s office does not take further legal action, what would be the next step for the Animal Beta Project?

Regardless of the US Attorney's decision on this case, ABP will continue to work on animal cases in order to prevent further harm. Our goal has been to provide information to the authorities on individuals responsible for such acts.

The Houston case highlights the demand for videos showing such violent acts against living creatures for one's own personal satisfaction. It’s unfortunate that individuals get such satisfaction of out seeing others suffer.  If these people think the internet is a safe haven to discuss and distribute videos of animal cruelty, then they will be quite surprised when there is a knock at their door from local authorities.

What are some of the accomplishments of the Animal Beta Project in the realm of exposing cruelty to animals?

We focus on cruelty cases that are posted on the internet be it pictures or video. We understand the authorities don’t always have the time and resources available to investigate animal cruelty cases, so we try to assist where possible by doing the research and providing the relevant information to them.

In December of 2010, we came together when we were investigating the taping of two kittens that were suffocated in a plastic bag.  Through the course of the investigation we learned the person seen killing these kittens was Luka Magnotta out of Toronto, Ontario Canada.  We informed and worked with Ontario SPCA and Toronto Police Services over the next year and a half while Luka released two additional videos of himself killing cats, making three in total.  Our warnings to the authorities concerning the actions Luka Magnotta might take are well documented.  In May of 2012 Luka is alleged to have killed a Chinese exchange student, Jun Lin, and is currently in Quebec, Canada pending trial for murder.  

Over the past 2 years, there have been several cases where information we have provided to the authorities has lead to an arrest. There is an animal fighting criminal case in Detroit pending trial where a Rapper known as “Young Calicoe” posted a 3 minute video showing off dogs claiming to be the best fighters. We provided the location of the house seen in the video to the Michigan Humane Society who worked with Detroit police in apprehending the individuals responsible.

We are currently working on several cases where information has been provided to the authorities who are investigating. These cases involve models and individuals who produce and sell videos involving animals.

What can members of the public do to help your cause in ending all manner of cruelty to animals?

Members of the public can help by reporting animal abuse they witness to their local authorities, Humane Society, or SPCA, and requesting they investigate.  As long as these types of crimes are acceptable and thought of as small petty crimes, the abuse will continue. 

Interviewed with Animal Beta Project, New York, New York

Representing Defendants in Criminal Court is a Family Tradition for Frank Riccio

Representing Defendants in Criminal Court is a Family Tradition for Frank Riccio

Bridgeport, CT—For Frank Riccio, representing defendants in criminal court is a family tradition.

“I knew I wanted to practice criminal law in 7th grade when my father—himself a criminal defense lawyer—would come home from work and tell amazing stories about his clients,” Riccio told laws.com in a recent interview.  “I was fascinated with the fact patterns and how each client brought their own unique story.”

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

Riccio, who has been a partner at the Law Offices of Frank J. Riccio LLC. since 1999, says that trials are critical to successfully obtaining justice in both civil and criminal cases.  The decline in trials, he believes, is indicative of problems with the justice system.  “The practice of law is going through many changes that are further eroding away jury trials in Connecticut, including mediation and arbitration,” he says.  “The vast majority of younger attorneys, with 1 to 15 years of practice, simply are not trying cases in front of a jury, and that's a shame.”

Young attorneys, according to Riccio, should try to find a mentor who will let them be second chair.  “You will learn 1000 percent more about trying a case from watching than you will from reading a book.”

Riccio believes that one of the biggest reasons that attorneys don't take cases in front of a jury is that judges often respond poorly to defendants who exercise their right to trial.  “Taking a case to trial is quite a dangerous thing.  State court judges will often sentence a defendant to the statutory maximum after a guilty verdict,” he says, noting that the risks are significantly lower in federal courts due to the Federal Sentencing Guidelines.

Under the sentencing guidelines, Riccio says that most defendants will usually be sentenced to only 1-2 additional years in prison for going to trial, because they lose what is known as their “acceptance of responsibility.”  The exception, he says, is criminal defendants with a significant criminal history, who may be sentenced to a significantly longer prison term after trial than they would have been subject to through the Federal Sentencing Guidelines.

While trials are less common today than decades ago, trial experience isn't a problem for Riccio, who worked for his father for 15 years before his death.  “I had the ability to second-chair 15 criminal jury trials prior to trying one on my own,” he says, and has tried over 50 cases afterward.

As part of his commitment to doing good with his law degree, Riccio became active in the State of Connecticut Statewide Grievance Committee, and was named its chairman in August 2010.  The grievance committee, made of 14 attorneys and 7 non-attorneys, exists to receive and review complaints about attorneys and audits attorney trust accounts.  By participating in the grievance committee, Riccio can ensure that the citizens of Connecticut are getting quality legal services and have a way to expose unethical practitioners.

Still, he says that the most important part of his practice is being true to his roots: “My father always promoted the fact that he loved to help people in need—I want to do the same.”

To learn more about Frank Riccio and his practice, click here

Prominent New York Attorney Joseph DiBenedetto Talks Defense

Prominent New York Attorney Joseph DiBenedetto Talks Defense

New York, NY—Criminal defense attorney Joseph DiBenedetto has represented clients ranging from alleged mob bosses to sports superstars.  However, he says that at the end of the day, these clients are not really much different from any client who walks through the door.

“I have not really experienced many differences between the needs of high profile clients, as opposed to a person involved in a case that lacks notoriety,” 

DiBenedetto told laws.com in a recent interview.  “In fact, they pretty much all want the same thing: someone they can trust in their time of need, and someone who will fight hard to preserve their innocence and freedom.”

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

In today's criminal law environment, that can sometimes be more easily said than done.  DiBenedetto says that criminal defendants today face an uphill battle in the courtroom because of advances in technology and how trials and criminal defendants are portrayed in the media.

“Today the public, through the internet and television, has access to so much information—most of which is not correct,” he says.  “The internet is saturated with information on criminal defendants, especially in high profile cases.  Moreover, television is inundated with crime dramas, which provide a not so real sense of how cases are investigated or prosecuted.  The public carries this misinformation and bias into the courtroom before they have even heard a single witness testify.”

Even in this difficult legal environment, DiBenedetto has had a remarkably successful career.  In addition to representing other attorneys, union officials, and CEOs at the federal and state level, he has achieved dismissed charges or significant downward departures for a number of cases, including those in which the defendant was accused of multi-million dollar fraud.

This kind of track record has led to media recognition.  DiBenedetto has found himself interviewed by some of the biggest media players, including the New York Times, USA Today, and Time.com.

For DiBenedetto, though, big cases have always been part of his career.  “I was exposed to these kinds of cases almost instantly when I began to work for a notable solo practitioner in 2001, and it has continued up until this day,” he explains.

These high profile cases have taught DiBenedetto several key lessons.  “First, hard work pays off.  Knowing the facts of a case and its applicable law allows me to spot and exploit the key issues.  Second, confidence in your ability is a must.  Finally, and most importantly, understand your client's needs.  Winning at all costs doesn't always suit your client's needs.”

One place where the client's needs can come into play is in the decision to go to trial or take a plea bargain.  DiBenedetto says that it's always necessary to prepare for trial, even if the client intends to plead guilty.  “I am a firm believer that the only way you can negotiate a good plea offer for your client is if the prosecution understands that you have prepared for trial and are capable of effectively representing your client at a trial,” he says.  “That being said, trials are not a bad thing, especially when your client is innocent and the offer extended is unreasonable.”

To learn more about Joseph DiBenedetto and his practice click here.

 

Joel Brodsky: A Star Courtroom Fighter

Joel Brodsky: A Star Courtroom Fighter

Chicago, IL—For defense attorney Joel Brodsky, the default in a criminal case isn't to start negotiating a plea deal with the government.

“My philosophy in a criminal case is to fight,” Brodsky told laws.com in a recent interview.  “I always say, you don't need to hire an attorney to plead guilty—you can do that yourself.  You need an attorney to fight for you.”

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

Brodsky, a lifelong Chicago resident and a lawyer since 1982, says that the area of criminal defense practice is changing substantially because of technology.  “Cell phones, forensics, pathology and other disciplines are always improving, so there is always something new to keep up to date with in this area of law,” he explains.

Criminal defense attorneys, unlike other legal specialists, often have to contend with problems involving extensive media interest in the cases they're working on.  Over the years, Brodsky—an award-winning lawyer who has been named one of the Top 100 Trial Lawyers by National Trial Lawyers—has handled a number of these cases, and has learned a number of lessons from working around media frenzies.

“One of the lessons I've learned is that the media has to be managed from the get-go,” he says.  “You really need someone who can handle the media, such as a public relations expert—someone who is able to say 'no' to a Nancy Grace and 'yes' to the Wall Street Journal.”

While Brodsky welcomes technological changes in the courtroom in many ways, there is one piece of technology he feels needs to be kept out of trials.  “If I had the choice, I would never allow a camera inside the courtroom, because it is destructive to the defense.  There are people in the public who watch the cases on television who make the case the focus of their life.  People set up blogs and spend hours watching trials,” he says.

As trials become home entertainment, Brodsky feels that the practice of law will be cheapened and defenses will be hurt.  “I think what's going to happen next is that these trials will become entertaining to the public, just in the way that reality television is popular today,” Brodsky speculates.  “The audience expects one type of ending to every story, and that is for the 'bad guy' of the story to lose and the 'good guy' to win.  It's going to become a real issue if we continue to televise and monitor these cases.”

Some of the cases Brodsky is handling today involve accusations of police misconduct, including the case of Darryl Christian, who has already served 23 years in prison.  “We have the Torture Inquiry and Relief Commission of Illinois involved in this case, because the police basically beat and tortured him for a murder confession for a crime he did not commit,” Brodsky says.  “The state commission already found that he was tortured and I am hopeful that he will be released soon..”

While Brodsky has won a number of accolades and awards, he says that he's proudest of the rewards that can't be hung on a wall: “What I value most is the appreciation I receive from my clients—being able to achieve the best results I can possibly get and have them tell me that they are grateful for all the effort and time I have put into their case.  The best feeling I have is when I am able to give someone their life back.”

To learn more about Joel Brodsky and his practice, click here

John Colette: Unparalleled Courtroom Experience

John Colette: Unparalleled Courtroom Experience

Jackson, MS—When attorneys and even judges come under suspicion of criminal activity, they want to hire the best of the best.  In Mississippi and the surrounding states, that's often criminal defense attorney John Colette.

After working at the United States Attorney’s Office for the Southern District of Mississippi, Colette went into private practice, specializing in defending complex cases involving white-collar crime and drugs.  As a defense attorney, he was nominated and inducted into the American Board of Criminal Lawyers after a selective process.

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

When it comes to advising his clients, Colette says that going to trial often depends on whether the charges are state or federal, and what “real” evidence the government claims to have.

“The federal sentencing guidelines are so draconian that regardless of the plea, sometimes it is best to still take a case to trial, because there is not much to lose,” Colette told laws.com in a recent interview. “All it takes is one juror to decide that the defendant is not guilty of the crime to get a better outcome.”

In state courts, though, things are different: “If a defendant decides to go to trial, I often feel the judges tend to penalize them for exercising their Constitutional rights, which is not fair, when it comes time for sentencing.”

According to Colette, federal drug policy has not led to a reduction in drug distribution, but has instead ruined lives.  “The so-called 'War on Drugs' has led to an unbelievable amount of people being incarcerated who are small time dealers and consumers,” he says.  “The focus has been misdirected, and it should be pointed toward the big-time dealers.  But, of course, that would be a more difficult task for the government to do, so instead, they focus on picking on the little guys.”

Not every case turns out the way attorneys want it to, and Colette says that this can sometimes lead to soul-searching on the part of defense lawyers.  “You will have times when you fight a battle for weeks, and the jury comes back with a guilty verdict.  You will start to doubt yourself and wonder, why should I do this?  But it's always important to remember that when you do succeed, there is no greater feeling than knowing that your hard work has been paid back.”

For Colette, some of that payback has come through literally getting clients' lives back  During a case that took place five years ago, he was responsible for getting a woman acquitted who had been accuse of murdering her husband.  “This individual had lost the first trial and had gotten a life sentence,” he says.

While the situation looked grim, Colette was undeterred and eventually persevered, getting a not guilty verdict at a second trial.  “It was a pretty unique experience for me to have this young woman with two young children get exonerated from a lifetime in prison,” he recalls.  “She proved her innocence, and now she can move on with her life and raise her children.  This was a great success in my career as an attorney—it doesn't get any better than saving someone's life.”

To learn more about John Colette and his practice, click here.

Wisconsin Criminal Defense Attorney Ramon Valdez Talks Crime and Punishment

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