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May 2016 Archives

Should Bill Cosby be criminally prosecuted for sexual assault?

Answer:  Whatever you might think of the once popular entertainer, Cosby should not be criminally prosecuted for sexual assault.  Why? Because the District Attorney of Pennsylvania made a deal with him 11 years ago: testify in a civil suit (that is, give a deposition) and we promise not to prosecute you criminally, in exchange for your truthful testimony. Relying on that promise by the D.A., Cosby admitted, under oath, that he obtained quaaludes as part of his efforts to have sex with a former Temple University staff member.  

Can the cops pull me over and search my car if something is obstructing my license plate or tag?

Answer: Yes, they can.  Jermaine English was pulled over by two Orlando cops who noticed that his tag light and attached wires were hanging down, partially obstructing their view of his entire tag.  His car was searched and a seizure of evidence during the traffic stop resulted in criminal charges being brought against Mr. English.  His lawyer filed a motion to suppress (that is, throw out) the evidence because the cops had no probable cause or reason to pull him over.  

Can The Government Freeze My Assets And Prevent Me From Hiring Counsel Of My Choice?

No, the Government cannot freeze or restrain all your assets when you are arrested and prevent you from hiring the lawyer you want.  A federal statute provides that a court may freeze the assets of an accused before trial either "traceable' to a crime or "property of equivalent value".  Sila Luis was accused of fraudulently obtaining $45 million in a health care fraud scheme, most of which she had already spent.  She had about $2 million left.  

If the cops tell you not to leave town, do you have to stay?

Answer: No. We've all watched police crime dramas in which a suspect is questioned by the police, then told, "Don't leave town" even though he's not under arrest. Have you ever wondered whether you are legally compelled to stay in town if no charges have been filed? Is it obstruction of justice if you decide to visit your grandmother over the weekend?

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