Bay Area officer may face liability in "dirty DUI" scheme

A California police officer may face civil liability for his alleged involvement in a "dirty DUI" scheme, which was purportedly waged by a private investigator against a client's estranged husband in an effort to tarnish the man's reputation.

As reported by Courthouse News, the scheme involved setting up the husband by recruiting women to ply him with alcohol and then convince him to drive them to another location. The scheme was carried out successfully and the husband was arrested by the police officer who had allegedly been tipped off to the scheme and was lying in wait to make the DUI arrest.

The incident was later used in California family court to persuade a judge to limit the amount of time that the man was allowed to spend with his daughter, according to a federal complaint. The husband has filed a lawsuit against several parties in connection to the scheme, including his ex-wife, the arresting officer, and the city of Piedmont, California, where the arrest took place. The same private investigator was named as a defendant in a 2011 lawsuit filed by another man who claimed he had been similarly targeted.

While "dirty DUI" is certainly an exception to the norm, this story illustrates the unfortunate fact that corruption can and does occur in California, even among those who are sworn to uphold the law, and that criminal cases are not always as cut-and-dried as they may appear on the surface.

Protect your rights if questioned by police

With this in mind, it is critical for anyone facing arrest or criminal prosecution to take active measures to protect their legal rights and ensure that they are treated fairly at every stage of the investigation and prosecution.

One of the most important steps to take when arrested or charged with a crime in California is to contact a criminal defense lawyer right away -- before answering questions or trying to explain the situation, even if you feel you have nothing to hide. As much as it may seem like a good idea to try to defend yourself on the spot when suspected of crime, especially if you know you have done nothing wrong, people who try to do so often find that their statements are used against them in ways they never expected.

If you are ever suspected of a crime, remember that the U.S. Constitution guarantees your right to remain silent, as well as your right to seek help from an attorney. A lawyer with broad experience in criminal defense can work with you to develop a strategy for your defense, and may be able to negotiate with prosecutors to have the charges against you reduced or dismissed.

Article provided by Garcia, Schnayerson & Thompson
Visit us at www.gstcrimlaw.com

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Bay Area officer may face liability in "dirty DUI" scheme

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Immunity for surrendered guns in South Brunswick? There's a catch

Gun crime has received increased attention in recent weeks. Communities across the nation, including many in New Jersey, have been highlighting programs that allow area residents to turn in unwanted firearms to local authorities.

"Project Safe Surrender," a public awareness program aimed at getting weapons off the streets, is the latest initiative launched by police in South Brunswick. Under the terms of the program, individuals can turn into unwanted guns to the police, and in return receive immunity from weapons charges. However, the offer of immunity is far from comprehensive, and anyone considering turning in a firearm should be aware of the possible legal implications.

Immunity only for the person turning in gun and only for unlawful possession of a weapon

Project Safe Surrender is really just a publicity campaign that highlights statewide law. "We have always accepted firearms that residents wanted to surrender," said South Brunswick Police Chief Raymond Hayducka in a department press release. "This project is to let all the public know how they can safely turn in unwanted firearms."

Under New Jersey law, individuals may voluntarily surrender "firearms, weapons, destructive devices, silencers or explosives" to the local police chief in their municipality of residence. After giving a written notice of intent to voluntarily surrender a gun and then actually turning in the firearm, an individual is automatically immunized against prosecution for the crime of unlawful possession of a weapon.

However, anyone who turns in a gun should be aware that such immunity is very limited. It does not extend to anyone who had already been charged with or was already under investigation for unlawful possession of a weapon at the time of surrender. In addition, the limited immunity does not extend to any other criminal charges or any other individuals.

There are a number of scenarios in which turning in a gun could invite trouble even with immunization against prosecution for unlawful possession of a weapon. Someone with an outstanding warrant for any offense who comes to the police station to turn in a weapon could find him or herself under arrest. If the surrendered weapon is a piece of evidence in some alleged criminal incident, such as an assault, theft or gang crime, it could be used as evidence against the person turning it in or some third party. Finally, someone who turns in a gun only immunizes him or herself against weapons charges; if, for example, a mother turned in a gun that belonged to her son, the son would not be legally protected against prosecution for unlawful possession of a weapon.

Contact a New Brunswick attorney if you need legal help

Project Safe Surrender and other initiatives like it, including gun buyback programs that occur in Newark and other urban areas of New Jersey, can be a safe way to get unwanted guns off the streets. But, these types of programs are rife with potential pitfalls that could mean legal problems for you or someone you love.

If you've found yourself in trouble with the law, contact a criminal defense attorney for help.

Article provided by Jack Venturi Law
Visit us at www.jackventurilaw.com

FL Web Advantage

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Immunity for surrendered guns in South Brunswick? There's a catch

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