Legal Mischief - FindLaw Blotter

FindLaw Blotter - The FindLaw Crime and Criminals Blog

Recently in Legal Mischief Category

Obviously criminals shouldn't profit from their crimes. And I think that we can all agree that a car used in a drive-by shooting or purchased with money from a bank robbery can be confiscated by police. But what about when law enforcement seizes assets before a criminal conviction, or before criminal charges are even filed?

Recent studies are showing law enforcement officials are taking advantage of civil forfeiture laws more than ever. In fact, citizens lost more property to police in 2014 than they did to burglars. And new information is coming to light indicating police are seizing assets from people without any proof of a crime. So how is all this even legal?

FDA to Ban Popular Pain Drug Kratom

On August 30, 2016, the DEA issued a statement regarding the reclassification of a popular pain drug known as Kratom. Kratom has only recently gained popularity in the United States over the last 6 years as both a pain medication and recreational drug. The drug produces an opioid-like effect for the users and is described as “opium’s mild-mannered little sister, with very low overdose potential.”

The DEA asserts that the widely used drug is frequently abused by recreational drug users and that it does not have an approved medical use in the United States. However, non-recreational users are dismayed by the ban, since the drug is seen by many with chronic pain as a needed substitute for the stronger opioid and pain medications currently available in the U.S. market. While Kratom is not as potent as many of the pain medications on the market, according to the recent Forbes article, many chronic pain suffers report that it provides better relief than available alternatives.

You may have heard the phrase 'for-profit prisons' in reference to private prison companies contracting with state and local governments to detain convicts. You may have also heard that this arrangement can lead to some perverse incentives on the part of private companies, whose profits are tied to the number of people in prison.

What you may not have heard about is for-profit probation, whereby private companies monitor offenders, charge them for the privilege, and can even petition that they be sent to jail if they can't pay. This system can also lead to a perverse set of incentives, which is why the American Bar Association is asking that it be abolished.

Can My Lawyer Turn Me In?

A lawyer can only adequately represent her client if she knows all the facts. On the other hand, a client may be wary of telling his attorney everything, for fear of it reflecting poorly on his case or that the attorney will turn around and spill the beans to prosecutors or the judge.

While there are legal protections in place to foster full communication between criminal defendants and their counsel and you should feel comfortable answering all of your attorney's questions honestly, these protections have their limitations. Here's what you need to know about attorney-client privilege in criminal cases, and when your lawyer might be required to breach it.

Police Nationwide Warn Players About Pokemon Go Crimes

In less than one week since its release in the U.S., Pokemon Go, an augmented reality game that is played on smartphones and in the real world, is changing how we live. Even if you don't play at catching imaginary Japanese video game characters in the world, you will be dealing with players running around all over town and maybe on your property.

If you're playing, try not to commit any crimes. Also, beware of unknown Pokestops, where you might become a victim. The game has already been blamed for contributing to rising crime rates. Certainly, police have had much to say about it.

Independence Day weekend is upon us, which means aspiring pyrotechnicians will be hunting for the most colorful weapons-grade explosives with which to amaze and deafen their neighbors and children come the Fourth of July. And let's be honest, not all the sources for those amateur rocket shows are -- how should we put it? -- legit.

So what happens if you get caught with illegal fireworks? Here's a look at the possible penalties:

Tips for Avoiding Arrest When Dating a Drug Dealer

Love is hard to find and all the gurus tell you to keep an open mind -- don't decide who is right for you just based on what they do. So now you are dating a drug dealer and the dates are nice but you have some questions about what this means for your life. Will you go to jail for just hanging around with this person?

It is very hard to say what will happen to you when you date a drug dealer without more context. Is your true love selling heroin or weed? Are transactions happening around you or is it totally separate from your existence? How high-end (pun intended) is this dealer's business? No one can guess what the consequences for dating a drug dealer will be in your case specifically, but here are some things to keep in mind.

Is It a Crime to Impersonate a Lawyer?

You're not a lawyer and you don't even play one on TV, but sometimes you pretend to be one to get things done. Is impersonating a lawyer a crime?

Yes, most likely, although context is everything. You won't end up in jail if you strongly insinuate that you are an attorney to influence a store clerk to serve you (and it's unlikely to help anyway considering how little people care for lawyers). But if you actually practice law without a license and misrepresent yourself to clients, you face criminal and civil liability.

New Mexico Mom Convicted for Facebook Post Sparking Panic

If you are active on social media maybe you've developed a habit of just posting whatever pops into your head, or revealing the latest rumor you read. Don't do that. You could end up in front of a judge, charged, convicted, and with a criminal record, like a mother in New Mexico.

Jeanette Garza Alvarez posted on Facebook a few weeks back, according to Good Housekeeping. The problem with her post is that it was based on a rumor her 8th grade son told her that there would be a shootout at school, sparking a panic among parents and school administrators. The appropriate response would have been to call police and the school and let them know about the rumors, not change her status on social media.

Real Handgun 'Nintendo Duck Hunt Zapper' Is a Safety Threat

Adults know a gun is not a toy but when a Texas custom gun maker modified a Glock to look like a classic video game weapon this month, many critics worried kids would not. The "Nintendo Glock" caused such an uproar that Precision Syndicate was forced to clarify that it was not going to mass produce the firearm made to look like Nintendo's Duck Hunt Zapper.

Most of the negative comments about the gun came from people concerned about children being confused by the guns and police safety and responses as the line between toys and deadly weapons grows finer. But there will be only one such gun made by Precision Syndicate, says the company.