Category: KC Defense Counsel Articles

Ferguson Report

  

https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf

The Civil Rights Division of the United States Department of Justice opened its
investigation of the Ferguson Police Department (“FPD”) on September 4, 2014. This
investigation was initiated under the pattern-or-practice provision of the Violent Crime Control
and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. § 3789d (“Safe Streets Act”), and Title VI of the Civil Rights Act
of 1964, 42 U.S.C. § 2000d (“Title VI”). This investigation has revealed a pattern or practice of
unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and
Fourteenth Amendments to the United States Constitution, and federal statutory law.
Over the course of the investigation, we interviewed City officials, including City
Manager John Shaw, Mayor James Knowles, Chief of Police Thomas Jackson, Municipal Judge
Ronald Brockmeyer, the Municipal Court Clerk, Ferguson’s Finance Director, half of FPD’s
sworn officers, and others. We spent, collectively, approximately 100 person-days onsite in
Ferguson. We participated in ride-alongs with on-duty officers, reviewed over 35,000 pages of
police records as well as thousands of emails and other electronic materials provided by the
police department. Enlisting the assistance of statistical experts, we analyzed FPD’s data on
stops, searches, citations, and arrests, as well as data collected by the municipal court. We
observed four separate sessions of Ferguson Municipal Court, interviewing dozens of people
charged with local offenses, and we reviewed third-party studies regarding municipal court
practices in Ferguson and St. Louis County more broadly. As in all of our investigations, we
sought to engage the local community, conducting hundreds of in-person and telephone
interviews of individuals who reside in Ferguson or who have had interactions with the police
department. We contacted ten neighborhood associations and met with each group that
responded to us, as well as several other community groups and advocacy organizations.
Throughout the investigation, we relied on two police chiefs who accompanied us to Ferguson
and who themselves interviewed City and police officials, spoke with community members, and
reviewed FPD policies and incident reports.
We thank the City officials and the rank-and-file officers who have cooperated with this
investigation and provided us with insights into the operation of the police department, including
the municipal court. Notwithstanding our findings about Ferguson’s approach to law
enforcement and the policing culture it creates, we found many Ferguson police officers and
other City employees to be dedicated public servants striving each day to perform their duties
lawfully and with respect for all members of the Ferguson community. The importance of their
often-selfless work cannot be overstated.
We are also grateful to the many members of the Ferguson community who have met
with us to share their experiences. It became clear during our many conversations with Ferguson
residents from throughout the City that many residents, black and white, genuinely embrace
Ferguson’s diversity and want to reemerge from the events of recent months a truly inclusive,
united community. This Report is intended to strengthen those efforts by recognizing the harms
caused by Ferguson’s law enforcement practices so that those harms can be better understood
and overcome.
2
Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather
than by public safety needs. This emphasis on revenue has compromised the institutional
character of Ferguson’s police department, contributing to a pattern of unconstitutional policing,
and has also shaped its municipal court, leading to procedures that raise due process concerns
and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s
police and municipal court practices both reflect and exacerbate existing racial bias, including
racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact
African Americans. The evidence shows that discriminatory intent is part of the reason for these
disparities. Over time, Ferguson’s police and municipal court practices have sown deep mistrust
between parts of the community and the police department, undermining law enforcement
legitimacy among African Americans in particular.

7 Tips to Improve Due Diligence for Businesses

  

Source: https://www.pexels.com/photo/female-student-typing-on-laptop-in-university-hallway-3791949/

For every business deals or processes such as mergers and acquisitions (M&A), Intellectual Property (IP), or even investments, risks are involved. Whether your business is merging with another or you are acquiring a small business, the due diligence process is very important. Due diligence processes help you to find out background details about the transaction you are about to make. The right tips will help you improve your business’ legal, financial, and investment due diligence.

7 Tips to Improve Due Diligence for Businesses

These seven (7) tips will reshape how your business carries out due diligence during important deals;

Never assume all deals are the same

For effective due diligence, you should never assume that the due diligence process done for a deal would suffice for subsequent deals. Ensure to carry out the required legal or financial due diligence at every phase of the deal or investment.

 

Make due diligence towards reaching a business decision

The essence of carrying out the due diligence process, whether while you are trying to break into a market or while starting a new line of product is to finally make a decision. Channel your due diligence reports findings to make the most suitable decisions for your business.

 

Have experienced due diligence deal team

Due diligence often requires having a team of experts in particular fields to analyze whatever business decisions you intend to make. With their highly revered skills such as in Human Resources, Taxation, and Accounting, these specialists’ due diligence team will guide your business to make decisions that will be favorable for your deals and investments.

 

Give enough time for the due diligence team

By allowing your team of due diligence specialists to start early, they will have more than enough time for background analysis and other evaluations. The more the number of deals, the more time is required for the deal team to carry out due diligence.

 

Make use of electronic data room

Widely known for their security and proper file assemblage, virtual data rooms (VDRs) are effective tools for businesses to improve due diligence processes. By using a data room, you will be able to preserve relevant information about deals and transactions in the data room and all parties involved can access it.

 

Treat every aspect of the due diligence as vital

Most businesses often focus more on financial due diligence that they neglect other important technicalities. As much as business sales must be well evaluated, other necessary due diligence relating to technology should be evaluated as well.

 

Communicate clearly with your deal team

Effective communication aids better due diligence for businesses. Before starting a deal, ensure to get your deal team on board with clear-cut objectives and targets of the business deals.

 

Conclusion

The success of any business deal or process depends on the due diligence among other factors. These outlined tips will help your business improve how it goes about due diligence evaluation and analysis. More so, it will ensure a much better and smoother due diligence process and valuation.

Author’s Bio: Lori Wade is a content writer for dealroom.net who is interested in a wide range of spheres from business to entrepreneurship and new technologies. If you are interested in M&A or virtual data room industry, you can find her on Twitter & LinkedIn or find her on other social media. Read and take over Lori’s useful insights!  

Drug Charges: Legal Repercussions and Difference between Federal VS State Sentencing

   

Drug Charges: Legal Repercussions and Difference between Federal VS State Sentencing

Guest Contributor: Eva Braughly

Drug addiction can become a negative driving force in a person’s life. Dependence on illicit substances leads to an influence on the mental and physical state of a person. The government aims to protect the public from the harsh effects of substance abuse and ignites the campaign against drugs through the laws enforced on the land. Drug charges are often made against individuals that possess illicit substances. The differences in the penalties would be determined by the amount of the substance involved and the intention behind the possession of the banned drugs.

 

The charges involved in drug cases would be identified depending on the person’s intent. The charges can have lighter penalties to decades-long jail time. If the person possesses sells, manufactures or transports drugs, he or she will be subjected to the law. However, there are times that a person does not have any illegal intent in carrying substances and was caught in the middle of a case. No matter what the situation is, a person getting charges needs an experienced drug defense lawyer to help the defendant get better chances in a lighter sentence.

 

What is a controlled substance?

 

A controlled substance refers to the type of drugs that are under the rigid surveillance and control of the government. The reason for the strict government restrictions is due to the drugs’ ability to influence a person’s state of mind and physiological condition. These substances can cause dependency leading to drug abuse or addiction. The control of the authorities applies to the way the drug is handled, stored, distributed, and used.

 

The substances that are under restricted governance are the hallucinogens, steroids, stimulants, opioids, and, depressants. Substances such as Ritalin, Valium, and morphine are used for medical purposes and can only be released by medical personnel with a license. Illicit drugs like LSD and heroin have no medical use which makes the substances completely illegal.

 

What are the legal repercussions of drugs?

 

People or individuals that are involved in the illegal trade and possession of controlled substances will be subjected to various consequences. The prisons and jails across the United States are filled with convicts with drug charges. The penalties related to drug crimes are heavy fines, community service, probation, jail time, and possible house arrest depending on the nature of the case. The worst sentence with a drug case is the fact that a person will have a criminal record no matter how light the penalties are. A person convicted of a drug crime will have a criminal record that will make it difficult to get a job, loan approvals, and many more.

 

Illegal VS Legal Substances

 

The legal use of a drug depends on the usage of the substance and the application it is used for. An example is an amphetamine where it is used for medical purposes such as treating attention deficit disorder. Another substance that has legal use is marijuana where it can help relieve cancer-induced nausea. Barbiturates are used to help treat anxiety. If these substances are gained illegally and unsupervised usage is done, they can present a risk to the person and the public. This is why the law is regulating the usage of these drugs to avoid any abuse or addiction to the substance.

 

Federal and State Drug Laws

 

The US has a longstanding fight against illegal drugs in relation to combating abuse or distribution of illicit drugs. According to PewTrusts.org, most of the 
federal convictions are related to drug trafficking. State and local arrests are mostly on drug possession charges. A huge portion of those local charges is related to marijuana possession charges.

 

The major difference between the federal and state laws when it comes to drug cases is the intensity of the sentences. Federal charges would lead to longer jail time and harsher penalties. State arrests, especially when the case is mostly on simple possession can be charged with a misdemeanor and have probation in line. State convictions can have a shorter time in jail or a fine. The state sentences can be differentiated based on the person’s criminal history.

 

People facing drug charges are advised to work with a 
drug defense lawyer. A defense attorney can help the defendant navigate through the process and help negotiate a lighter sentence or penalty. The system can be confusing especially for new timers in court but a lawyer can help out the client into easing into the system and get better results for the parties involved.

 

Eva Braughly   evabraughlyblog.wordpress.com

 

 

I’m 17 I’m turning 18 in 1 month is it ok if I’m in a relationship with someone that’s 27?

  

I’m 17 I’m turning 18 in 1 month is it ok if I’m in a relationship with someone that’s 27?

I’m in relationship with someone that is 27 and my age is 17 I have a social worker coming down tomorrow will there be any trouble if I said his real age

Justin’s Answer

Statutory rape applies if you are under the age of 17. If you were 17 when the relationship began there should not be an issue.

How would one best fight a possession of controlled substance and child endangerment case ?

  

How would one best fight a possession of controlled substance and child endangerment case ?

Can i marry my fiancee who is on probation if im currently on parole in the state of missouri?

  

Can i marry my fiancee who is on probation if im currently on parole in the state of missouri?

Both of us have drug possession charges and all charges are out of state of Missouri where we are currently under supervision at.

Justin’s Answer

I am assuming the terms of probation/parole prevent both of you from associating with felons/ misdemeanants currently under supervision, so probably not.

I’m looking for my son attorney ?

  

I’m looking for my son attorney ?

My son is in jail for three weeks they charge him burglary and amf robbery but he said his innocent

Justin’s Answer

You will have to click the “Find a lawyer” button above. We are not allowed to take clients from questions.

 

Whats a open felony

  

Whats a open felony

I have an open felony right now that happen tree years ago and I was wanting to know why they still have it open when I was not charged with nothing at the time it had happen and I am wanting to know why it’s open and why they have summons me to court for after all this time ?

Justin’s Answer

If you have an open felony, you may have a warrant and not know about it. Otherwise, charges have yet to be filed, that is not unusual: the statute of limitations for felonies is years long.

Can my 11 year old take a lie detector test?

  

Can my 11 year old take a lie detector test?

My 4 year old is telling me that my 11 year old put his peepee in his butt. Now he’s saying my 11 year old told him to open his mouth so he can put his peepee in his mouth. My 11 year old lie’s so much it’s hard for me to believe him. At first I thought my 4 year old was just making up stuff but he said it again and add some new stuff. So can my 11 year old take a lie detector test?

Justin’s Answer

You can ask, but lie detector tests are generally unreliable. If your child has been abused, you must report it or face felony charges yourself.

If you innocent and they charge you burglary how long they charge you is first offense ?

  

If you innocent and they charge you burglary how long they charge you is first offense ?

They charge you amf robbery what charge is given you?

Justin’s Answer

That depends on the severity of the crime and the mood of the prosecutor and judge, as well as the skill of the defense attorney. No one can give you a specific answer on this Q&A site: you will have to contact a criminal attorney in the area this is charged.