August was a good month for white collar crime clients of the Law Office of John Freeman, PLLC. In Monroe County, a client's felony embezzlement charges were dismissed when the Circuit Court granted Mr. Freeman's motion to quash the information. In agreeing with Mr. Freeman's motion, the Circuit Court judge found that the prosecutor's evidence at the preliminary examination failed to demonstrate probable cause that the client committed a crime. Therefore, the District Court judge abused his discretion in binding the case over to the Circuit Court.
When it comes to alleged computer crime at the border, assume that Customs and Border Protection Agents will search and learn exactly what is on the data storage devices of your computer.
In the Justice System, sentencing, and mandatory minimums for federal offenders are hot topics again. In March, 2013 Democratic Senator Patrick J. Leahy and Republican Senator Rand Paul introduced the Safety Valve Act of 2013. If the bill becomes law, it will allow federal judges to sentence offenders facing mandatory minimum sentences to less time in prison, regardless of the crime charged, provided that doing so does not jeopardize public safety. This does not mean that federal judges will be required to sentence offenders below the mandatory minimum, it merely permits judges to do so when the mandatory minimum sentence is unreasonable and does not fulfill the legislature's goals of punishment.