Criminal Defense

March 23, 2015

Gang Conspiracy Case Defendant Says ‘They’ve Got the Wrong Guy’

In the beginning of this month, a group of 15 young people from Lincoln Park, San Diego, who were alleged to be part of the notorious Lincoln Park gang, were charged with criminal conspiracy related to two dozen local shootings within San Diego County. The San Diego County District Attorney’s Office (“DA”) charged the group for nine different gang-related shootings under CA Penal Code 182.5. One of the defendants, Aaron Harvey, 26, was arrested for murder, but maintains that he is innocent. Specifically, he was not involved in the shootings, but in this case the DA’s office claims that Harvey promoted the crimes by posting gang-related affiliations and threats on social media pages, and benefited from the ‘crime’ by gaining “street credibility.” Another defendant, local rapper “Tiny Doo,” whose lyrics reflect gang activity, is headed to trial.

As of now, five of the 15 defendants had their charges dropped at a hearing. There is still some confusion as to why the charges were dismissed for some defendants but not others and whether the judge can still dismiss charges for the remaining defendants. Harvey, who has no prior criminal conviction, now faces life in prison. He still maintains he is not part of a gang.

What is Criminal Conspiracy?

March 16, 2015

The Police Want Me to Voluntarily Go Down to the Station to “Answer Some Questions.” What Do I Do?

by David M. Boertje

Imagine that you are about to sit down with your family for dinner, and somebody knocks on the door. It is the police, and they were hoping you would go down to the station to “answer” some questions about a homicide next door. You think nothing of it, because you are just trying to be a good member of the community by giving as much information as you can, as to any noise or suspicious activity you may have seen. Scenarios like this play out daily. Sometimes there is a genuine need for help in a case, and sometimes it is a ploy to coerce a confession. Police often ask people for voluntary statements for various matters- sometimes one is a “person of interest” in a crime, or simply an eyewitness to an event or a crime.

In the case of ‘persons of interest,’ one should never voluntarily go down to the police station, because anything you say may be used against you, or to charge you. While you may think that because you are innocent and that you should go down to the station to ‘clear your name,’ keep in mind that the reason police ask persons of interests or people they suspect to voluntarily go to the station is because they do not have enough information to arrest them, take them into custody, or to charge them, and they are trying to get more information in order to do so. In order for the police to charge you with a crime, they must have probable cause, which is defined as the reasonable belief based on the facts articulated, that you have committed the crime. Do not give them this probable cause. If you are requested to go down to the station, respectfully decline and inform them that you want to speak to an attorney first.

At the Station

March 4, 2015

The Prosecutor Wants me to Take a Polygraph Test! What Do I Do?

by David M. Boertje

What Exactly is a Polygraph Test?

In tv shows and movies, polygraphs (or “lie detector tests”) are often painted as mechanisms by which a defendant “gets off” or proves his or her innocence. Polygraphs are machines that hook up to a person to measure their physiological indicators such as perspiration and heart rate. It was once thought that when a person tells a lie, their heart rate and blood pressure change to indicate so. However, what many people do not know, is that polygraph tests are generally unreliable (ie. there are “false positives” or negatives), and their use has decreased. For example, if a person is nervous simply by virtue of taking a lie detector test, their heart rate will increase regardless and their test results will be inconclusive, rather than “passing.” Polygraphs may also be fooled if one is just able to control their physiological responses.

Rules on Polygraphs