criminal defense

Martin Shkreli is one of the most talked about men in America right now. In his recent appearance before a congressional committee, Shrekli pleaded the fifth when asked questions about highly increased drug prices.

Christopher Corso, founder of Corso Law Group weighed in on the national controversy and if Martin Shkreli had the right to plead the Fifth in such a serious case.

Does the Fifth Amendment even apply in this situation?

The Fifth Amendment to the Constitution protects citizens from self-incrimination, stating that no person “shall be compelled in any criminal case to be a witness against himself.” As Shrkeli’s hearing was not a matter of criminal inquiry, was his taking the Fifth an appropriate response?

“[The Fifth Amendment] covers any statement that would tend to give rise to criminal liability on the speaker’s part,” says criminal defense lawyer Christopher Corso, founder of Corso Law Group. “Mr. Shkreli fully had the right to plead the Fifth.” The hearing was more about the ethical than the criminal implications of Shkreli’s actions, but Corso says it comes down to who’s making the determination about what was and was not legal.

“Until you’re with attorneys, you may be [unwittingly] adding information,” cautions Corso, “Answers that may perhaps—even in a miniscule way—open yourself up to criminal liability is a problem. Therefore, he is able to plead the Fifth.”

Did Congress intentionally try to make Shkreli look bad?

Bottom line: No matter what you think of Shkreli, he was not improperly invoking his constitutional rights. “As somebody that advocates for the constitution,” says Corso, “I would say no, the 5th Amendment was not abused.”

Read the full article here: http://stories.avvo.com/rights/did-martin-shkreli-have-the-right-to-plead-the-fifth.html

The newly famous Netflix series “Making a Murderer”, based on the life of Steven Avery, and the murder trials he and his nephew Brendan Dassey endured, questions the legal system, DNA evidence and the legitimacy of the justice system. The documentary took ten years to make, questioning, explaining and presenting each piece of Avery and Dassey’s cases and personal stories from beginning to end.

After spending 18 years in prison for a sexual assault crime he was innocent for, Avery was exonerated by DNA evidence. This is the first of the legal battles discussed in the non- fictional crime series, where not only was there no specific evidence to incarcerate Avery in the first place, but he also had an alibi for the crime he was convicted of. Avery was framed by the Manitowoc County but after his release, Avery questionably stayed in the same town.

Years later, the main case of the series begins, as Avery is charged with the murder of Teresa Halbach, by the same law enforcement that wrongly accused and sentenced him to prison the first time. From this point on, what’s interesting to a criminal defense attorney is how the state worked to collect, maintain and present the evidence they said proved Avery’s guilt.

Christopher Corso, founder of Corso Law Group recently discussed the Avery case on Price of Business, where he gave his criminal defense point of view. In regards to the DNA portion, Corso spoke to the point that although DNA technology continues to improve, criminal defense attorneys are still skeptical.

In the Steven Avery case, the state was allowed to search Avery’s home without him there several different times for any evidence relating to Halbach’s murder. During one of the last searches, police found Steven Avery’s DNA on a car key in his home that they said belonged to Halbach. However, the DNA found in this case doesn’t fully make sense.

Christopher Corso went on the say that defense attorney’s skepticism lies in the fact that when labs pull DNA off of “evidence”, it’s difficult to separate the multiple strands present. This is not a new issue either, as prosecutors tend to be selective. While it depends on the region and the situation you’re in, crucial case outcomes have been determined by a simple strand of DNA. How is it that one DNA test can prove so much?

Prosecutors want to use this evidence because they feel it’s unique and strong towards their case. How can DNA be completely reliable? The level of the sophistication in the technology is good and advancements continue, but the true question is who is actually pushing the buttons? Who are the people facilitating this and is it fair?

Avery seemed to be the target for the murder of Halbach since the beginning. In his Price of Business segment, Corso goes on to say that the longer Avery stayed in that town, the more that circle of law enforcement profiled him. Avery was doomed, and he was going to be the first suspect Manitowoc County looked to for this type of crime.

Since the series began, a petition was started for Avery and his nephew Dassey to be pardoned for the murder. A response to the petition  was released on whitehouse.gov.

The statement says “Since Steven Avery and Brendan Dassey are both state prisoners, the President cannot pardon them.”

Avery has since also written a letter from prison, declaring that “the truth will set him free.” Currently, Avery is serving a life sentence for the murder of Teresa Halbach.

Reducing sentences has been a common topic lately in the United States. Recently, a judge rethought a sentence that had a profound impact on an inmate named Francois Holloway.

Holloway was released from prison three years earlier than expected thanks to U.S. District Judge John Gleeson in Brooklyn, New York.

Although federal trial judges don’t commonly possess extraordinary power when it comes to sentencing decisions as prosecutors rely on set in stone minimum punishment laws, typically new evidence or excessive legal error are the only ways a reduction on their part is possible.

However, judges can create a sense of public or personal pressure that causes prosecutors to rethink their sentencing decisions. When these types of situations occur, such as Holloway’s sentence reduction, it reveals attitudes continue to change in these types of circumstances, looking at the criminal justice system and its policies in a new light.

Holloway was sentenced to 57 years in prison in 1996 for being a part of armed carjackings, but Judge Gleeson who had put Holloway away, attempted to work with prosecutors for years in order to reduce Holloway’s sentence, before he was released early.

Which kind of cases does this deal typically happen to though? Thus far, these types of reductions have occurred for those who fought against sentencing that seemed underserved compared to the crime they committed.

In most cases, the defendant at hand decided against a plea deal and then lost during their trial. As a result, they were given a much more extensive prison sentence than if they were to have pleaded guilty.

These types of cases and this shift in the criminal justice system might be more common as 2016 approaches. Instead of focusing on a prison sentence, one might look towards court ordered rehabilitation if the consequence seems fitting for the crime.

However, not everyone agrees on this. In the same article, “Don Mihalek, vice president of law enforcement relations at the Federal Law Enforcement Officers Association said that after the-fact reductions send the wrong message,” according to Joe Palazzo, author of the article “Judges Rethink Sentences.”

Said Mihalek: “Every criminal has their day in court, and that’s the bottom line.”

Arizona’s civil forfeiture laws rank as some of the worst in the country, with a D- rating from Policing for Profit, a national report card grading these laws in every state by The Institute for Justice.

What is Civil Forfeiture?

If police believe that a person’s property could be linked to criminal activity, they can seize the assets in question to use as evidence during a trial.

These laws are considered controversial because even if no one is charged or convicted, law enforcement can keep up to 100 percent of the seized assets unless, depending on the state’s specific laws, the owner can prove his or her innocence in the case.

Arizona’s D- Grade for Civil Forfeiture Laws

In order for the government to seize property in Arizona, it only has to show that the property is more likely than not linked to a crime.

Another contributing factor to the state’s low grade is the law’s requirement of innocent property owners to bear the burden of proof. Essentially, you are considered guilty until proven innocent. This means you must prove your innocence if you want to get your property back.

Due to considerable fees associated with filing to get items back, many are discouraged to even try. For example, an Arizona woman had to pay a $304 filing fee just to gain the right to challenge the seizure of her assets in court.

The Problem with Asset Forfeiture

Why would law enforcement want to keep seized assets even if no one was charged? According to the FBI, the purpose of asset forfeiture is to, “undermine the economic infrastructure of the criminal enterprise.” By taking away assets and property linked to a crime, police aim to discourage criminal activity and make it less profitable for those involved.

Although criminals and innocent property owners may never see their seized assets again, certain parties are definitely profiting from these laws.

Last year, Arizona earned $36 million in forfeiture revenue, and a significant proportion of this money paid for salaries and overtime for law enforcement officers.

From 2000 to 2014, the state collected $412 million in forfeiture revenue, with 28 percent, or $62 million, of that total spent on “administrative expenses,” which includes benefits, salaries and overtime, The Arizona Republic reports.

Currently, local and national organizations, including the Institute for Justice, are hoping to reform Arizona’s forfeiture laws.

How safe is it to be a fan at a football game? With emotions running high due to team loyalties, tense rivalries and alcohol consumption before and during the game, what seems like a fun sporting event can end in serious legal trouble.

Recently, three San Francisco 49ers fans were charged with felony assault for brutally beating a Minnesota Vikings fan after a Monday night game at Levi’s Stadium in Santa Clara.

In 2014, Arizona police arrested two men on assault charges, and stadium security removed several others involved in the two fights that took place in the upper decks of the Cardinals stadium in Glendale.

While these incidents sometimes fly under the radar of stadium security, who can be overwhelmed by 70,000 screaming fans, others are taking notice.

An investigative report on stadium crimes by Seattle news station, KIRO-TV, reviewed approximately 10,000 incidents over two-and-a half seasons, finding hundreds of felony and misdemeanor crimes had occurred during this time.

KIRO-TV also revealed that the National Football League (NFL) keeps a detailed crime record for each stadium on game day, but doesn’t always share this record with police in hopes of protecting certain teams.

The NFL is reacting to growing awareness of violent fan crimes by facilitating communication between each franchise and local law enforcement and stadium security to focus on crowd safety, The Arizona Republic reports.

Currently, most NFL teams have a hotline fans can text to notify stadium officials of concerns and problems during a game, but is this enough to keep thousands of fans in line during a heated game?

Next time you’re watching your favorite team, be aware of escalating arguments, potential fights and drunk drivers.

Our attorneys know from experience that assault and DUI are common charges in Arizona after a big game or event.

The holiday season is one of the busiest times of the year, and brings not only drunk drivers, but widespread opportunity for a range of traffic violations.

Law enforcement is well aware of this increase and makes a significant number of arrests each year starting on Thanksgiving through New Year’s Day. How many people does this affect? In 2013, Texas DPS cited almost 390 DWI arrests, just over 700 child seat belt citations, over 800 lack of insurance citations and issued almost 6,850 speeding violations during the Thanksgiving period alone.

As experienced DWI and traffic attorneys, Corso Law Group understands the challenges of holiday travel. A combination of holiday stress, alcohol use, adverse weather conditions and increased law enforcement on the roads results in more arrests, accidents and traffic violations during Thanksgiving, Christmas and New Year’s celebrations than any other time of year.

Thanksgiving

Increased travel during the Turkey holiday creates high-risk situations for drivers on the roads. Last year, AAA predicted 46.3 million people would be driving on the roads nationwide, averaging a travel distance of at least 50 miles from their homes.

Additional drivers can lead to a higher number of accidents and sometimes, deaths. Based upon previous data and research, The National Safety Council estimated 418 traffic fatalities during the 2014 holiday.  As for alcohol-related crashes, 40 percent of highway deaths were due to drunk driving during the holiday period according to MADD. In Texas specifically, more car crash fatalities occurred on Thanksgiving than any other holiday with a total of 55 deaths.

Christmas

Shortly after Thanksgiving, yet another period of celebration arrives – Christmas. While most of us regard the holidays as a fun time, studies have found that not everyone is stress-free during this holiday. According to a survey completed by State Farm, 32 percent of drivers in the U.S. showed greater signs of either road rage or aggression during the holidays.

Drinking also increases during Christmas and the days following. From just the few days spanning between Christmas to New Year’s Eve, studies show a 12 percent increase nationally in traffic related deaths involving a drunk driver than for the entire month of December.

New Year’s Day

The New Year is often celebrated with parties and alcohol, which can lead to dangerous roads when people don’t take the proper precautions and plan ahead. According to the Insurance Institute for Highway Safety, New Year’s Day presented the highest percentage of alcohol-related deaths with 42 percent of traffic deaths having to do with drinking and driving. The first day of the year is technically even worse for drunk driving accidents than New Year’s Eve.

New Year’s Day is also listed as the number one day for holiday car theft, with Christmas ranking last.

Holidays are a busy time of the year, especially falling on weekends where alcohol-related accidents are more common. With an increased amount of law enforcement out during the holidays, DWIs and other traffic violations are more likely to happen. At Corso Law Group, we deal with these types of cases every day, helping our clients fight for their rights. If the holidays have you in a difficult position, we’re here to help.

Criminal law encompasses a wide variety of topics. At Corso Law Group, our attorneys work on cases involving DUI, criminal speeding, CDL tickets, photo radar tickets, felony charges, drug possession, weapons possession, violent crimes and more – all of which can yield different outcomes in court.

The following is a guideline illustrating the basics of a criminal case and the possible outcomes.

What is a plea bargain and what happens if you take one?

A plea bargain is a proposed agreement between the defense and the prosecution that involves sacrifices and benefits for both sides. The defendant gives up their right to a jury trial by pleading guilty but gains some form of leniency such as a lighter sentencing. The prosecution loses the opportunity to go to trial but is guaranteed a conviction.

Leniency may include pleading guilty to a less severe crime, less jail time or lower fines.

A plea bargain is made official in court by a judge who ensures the defendant has willingly chosen the plea bargain and understands the rights he or she is waiving. A judge may also adjust the proposed sentencing at this time.

What happens if you go to trial?

If a plea bargain isn’t reached, or if the defendant doesn’t plead guilty or not guilty, the case can be taken to trial where the defense and the prosecution will argue either sides of the case in order for a verdict to be reached.

There are several trial options, but the two main ones are a jury trial and a court trial. During a jury trial, which is the default option, a jury will examine evidence from the case and come to a conclusion. During a court trial, this is done by a judge.

What happens if you’re found guilty?

When a trial is concluded with a guilty verdict, the next step will be sentencing.

A specific date will be chosen when a judge considers a variety of influences such as the crime at hand, the person’s criminal record and more to determine an appropriate sentencing, which could include jail, fines, probation, community service and more.

If you’re found guilty but believe there is a legal reason to appeal the verdict, you can work with an attorney to begin the appellate process.

What happens if you’re found not guilty?

When a trial is concluded with a not-guilty verdict, the defendant is released from custody and there is no criminal charge. However, the arrest and trial verdict still exist, but can be expunged in some cases so they no longer appear on a permanent record.

When facing a legal situation where a criminal defense attorney is necessary, we understand that it can be confusing and difficult.

Preparing yourself before hand and knowing the full extent of the situation is an important factor. Here are a variety of frequently asked questions I receive from potential clients and people I speak to concerning criminal defense cases

1) How do I know if I need to hire a lawyer?

If you have been charged with a crime, you need to hire a lawyer. It doesn’t matter if the charge is for a misdemeanor or a felony, the expertise and advice of an attorney is the smartest route to take. In regards to criminal charges, a criminal defense attorney can help you to asses the situation you’re in, decide upon the most effective and efficient path to take and provide advice and tools in regards to your protection of the law.

2) How does bail work?

Your bail is a specific amount of money deposited to the court in order to secure that you will attend your court hearing. Typically, the posted bail amount is done so by a bail bond company. More importantly, a criminal defense lawyer can help their client significantly during this time period. Your attorney may have the ability to lower or waive the bail fee through negotiating with the bail bondsman on your behalf.

3) Should I be in contact with the police to try and explain my side of the story?

Absolutely not. Although we understand you just want to get across your point, it’s always safe to not say anything because legally anything you say to a police officer can be used against you in court or in a future arrest. It is always best when being questioned that you direct all questions to your attorney.

4) How much does hiring a criminal defense attorney cost?

It depends upon the law firm and your attorney. At Corso Law Group, we pride ourselves on being fair in all aspects of our careers and maintaining our focus on what the client needs. Before deciding on a firm and paying important costs, our advice is that you make sure your criminal defense attorney is not without these crucial traits.

5) How long does a criminal defense case take?

While the length of a criminal case depends on the internal matters, typically they can take anywhere from a few months to much longer. We understand that this is a difficult time for our clients, and although these are not processes that can be rushed, they are definitely processes that require great detail and focus. It is always beneficial to the client that each step is taken properly in order to create a successful outcome.

6) What is a preliminary hearing?

The preliminary hearing is described as the “trail before the trial”. This is where your attorney will be able to analyze and fully examine the case.  If your criminal defense lawyer handles the preliminary hearing successfully, it can result in a significantly positive outcome.

Please note: Attorney Christopher P. Corso is solely licensed to practice law in the state of Arizona. A criminal defense attorney solely licensed to practice law in the state of Texas will handle your Texas legal matter.

I was recently asked about the effectiveness of texting and driving laws in the United States. If you spend any time on the road, you’ll see someone texting while they’re behind the wheel. And many laws are currently on the books to keep people from doing just that. So what’s happening? Here’s my take:

Can texting and driving laws be enforced?

To begin, not every state even has these kinds of laws to enforce, like Montana and Arizona, which do not have any sort of ban on texting and driving. However, it’s clear that most of the country has seen the devastation texting and driving can have.

As a result, 46 states do have some sort of regulation in place to keep people from distracted driving. When it comes to actually enforcing these bans, law enforcement is doing everything in their power to detect and stop distracted driving. Certain devices are even in the works to help police better detect texting and driving, but for now, spreading awareness about the dangers and legal repercussions of distracted driving is doing a lot to help enforce these laws.

Have texting and driving laws had any effect on the rate of distracted driving accidents/fatalities?

Yes. States that have implemented texting bans have seen a decrease in distracted (texting and driving) accidents. According to a recent study, texting bans had the most powerful impact on younger drivers. They found that there was less deaths among the 15-21 age range, and overall, a decrease of fatalities concerning all age groups.

It’s true that these laws can be difficult to implement, but when people recognize that law enforcement is looking for a certain type of behavior, they’re more aware of how they’re driving.

When people know the legal consequences of texting and driving, that’s when you begin to see the positive outcomes of these laws. It seems that people are beginning to realize that a text message isn’t worth the potential harm or heavy fines and tickets that come with it.

Are texting and driving laws pointless?

I don’t think so. Now that many states have banned texting and driving, there’s been a decrease in traffic deaths and accidents around the country. Law enforcement is on the lookout for this type of behavior, and drivers are taking notice.

About the Author
Attorney Christopher Corso is the founding attorney of Corso Law Group. A native of Rhode Island, Corso previously worked as a prosecutor for the Maricopa County Attorney’s Office serving as a mentor to newer prosecutors and specializing in DUI related offenses. Prior to that, he worked as a prosecutor for the Mesa City Prosecutors Office where he specialized in domestic violence offenses. While employed in Mesa, he assisted in preparing the court’s Domestic Violence Manual. Corso graduated from Roger Williams University in Bristol, Rhode Island, where he received his Bachelor of Science Degree in Paralegal Studies in 1997. He received his Juris Doctorate degree from Suffolk University School of Law in Boston, Massachusetts.

In 2003, Corso became licensed to practice law throughout the state of Arizona. He is admitted to practice law in the Arizona Supreme Court as well as in the United States Federal District Court. Corso is currently a member of numerous professional legal organizations, including the American Bar Association, the Arizona Bar Association, the Maricopa County Bar Association and the Association of Trial Lawyers of America.

After discovering that flawed testimonies were made by most FBI examiners in almost all trials offering hair forensics as evidence against defendants for the past several decades, the Justice Department and FBI formally acknowledged this error and have begun a long list of reviews.

The Washington Post reports that legal analysts have suspected problems with forensic techniques based on patterns for decades. Hair and bite mark comparisons have been criticized because the examiner is left to make a subjective call on whether the patterns match.

To put the gravity of this admission into perspective, the FBI has identified 2,500 cases so far that reported hair matches, with 342 completed reviews by the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project.

Of the 342, there were 268 cases that used hair forensics to convict defendants, and 257 of these cases included wrongful testimonies from examiners.

In fact, 26 of 28 of these examiners gave exaggerated testimonies favoring prosecutors. That is 95 percent of cases in which forensics were inaccurately used against defendants from 1986 to 2000.

While there could be other evidence involved in these trials that lead to guilty convictions, this large of an error by the FBI could mean hundreds of others have been wrongly convicted or sentenced to death.

It’s likely that the 2,500 under review are just a fraction of the countless other cases that have suffered the same injustices because not all state records from decades ago are available, and some police and prosecutors aren’t answering requests for more information.

In addition, it’s possible that even more cases have been misguided by the same style of testimony. The FBI’s examiners under review have taught 500 to 1,000 other crime lab analysts nationwide their methods.

As a result, several states including New York, North Carolina and Texas have started reviewing cases involving hair forensics, and at least 15 others are expected to do the same.