'NICOLE' now HAPPY in America!

'Nicole' junks lawyer, executes new affidavit... by John Consulta, Carlo Lorenzo 24 Oras, March 17, 2009 ► Related links 'Nicole' family terminates services of lawyer - group www.gmanews.tv 'Nicole' backtracks, says Daniel Smith did not rape her www.gmanews.tv DoJ chief: Why did Nicole go to US? Why not in Italy? www.gmanews.tv VIDEO: Smith pays 'Nicole' P100,000 in damages - affidavit (QTV) www.gmanews.tv Subic Rape Case Timeline www.gmanews.tv SWORN STATEMENT newsinfo.inquirer.net ► For full episodes of shows, subscribe to GMA Pinoy TV www.gmapinoytv.com ► Kapusong Totoo GMA Kapuso Foundation www.kapusofoundation.com



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Oklahoma Sex Crimes Criminal Defense Lawyer

In the last 10 years the Internet has changed the world in ways that no one thought possible. It's unfortunate, but with the growing popularity of the Internet came a growth in Internet crime. The proliferation of Internet sex crimes have changes so rapidly that it's created an entirely new mode of law enforcement. The web has given offenders access to children of all that was not possible until recently.

The growth and increased access to technology such as instant messaging, email and web cams have created an unprecedented opportunity for direct access to children. Of course, lewd and/or indecent proposals can be construed at times when no intent was present.

The possibilities of being charged with an Internet sex crime are everywhere. One growing example is the abuse or neglect of a child. This is a charge where prosecutors are saying that the defendants have engaged in conduct that sexually exploits a minor. Another common offense lately is indecent exposure/indecent exhibitions or obscene writings or pictures because technology has allowed for much easier generation of materials that are deemed illegal under traditional laws. Finally allegations of lewd or indecent proposals to a child under 16 are appearing more and more often. Sometimes these lewd or indecent proposals can come when there is no intent present.

If you've been charged with a sex crime in Oklahoma you are not alone. It is very important that you contact a professional Oklahoma sex crime attorney to help you understand your rights during this long and complicated legal process.

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How to Explain Away Forensic DNA at a Crime Scene

Let's assume that a lab has come back with a report that a person's DNA was found at a crime scene, and let's assume that the technician at the lab hasn't committed some kind of fraud. For instance, let's assume that the technician hasn't falsified the results. What could explain a person's DNA at a crime scene if that person was really and truly not the person who committed the crime.

Contamination. If police suspect that a person is involved in a crime and want to test that person's DNA against DNA found at the crime scene, contamination may occur which could seem to show the person was at the crime scene who he or she was no where near the crime. Police will typically collect "knowns" from suspects either through that person's consent or by getting a search warrant. They will use a buccal swab of the person's inner cheek to collect DNA, which they will try to match against evidence collected from the crime scene. If, however, in the process of doing this match, the lab technician inadvertently or mistakenly mixes the "buccal swab" with the unknown DNA on the evidence, the person's DNA could end up on the evidence, having been mistakenly been put there by the lab technician. Then further testing would show that the person's DNA was present on the evidence which would obviously be a result produced by contamination, and not accurate testing of the evidence.

Contact DNA. DNA can be transferred from person to person. Let's assume that the real criminal knows the innocent person and that the two of them, for instance, shook hands. Or maybe they're close friends or family and share clothes. It would be possible for DNA to be transferred from the innocent person, to the criminal, and then later left on evidence at the scene of the crime. Or the innocent person could know one of the victims, and have gotten DNA, through a hug, or handshake, to the victim who was later victimized in the crime.

Residual DNA. Let's assume the person visited the home, business, car, or other place where the crime occurred. Perhaps this visit happened months ago. Maybe the person visited several times, or only once. Whatever the case, it's possible that the person left behind DNA from a purely innocent visit. Later when the crime occurred and police conducted evidence collection, they collected items that have the person's DNA on it even though the person was not involved in the crime at all.

Fake DNA. DNA could purposefully be planted. For instance, a criminal, hoping to blame someone else for the crime, might intentionally collect DNA from someone who is entirely innocent of the crime. The real criminal could commit the crime, and then leave DNA behind to try to get the innocent person accused and arrested of the crime. This is obviously rare.

Mixed DNA. Many DNA samples collected from a crime scene contain multiple DNA profiles from several people. Some of those people may be victims, perpetrators, or even investigators or police officers. It's possible to distinguish a mixed DNA sample so that two partial profiles may be produced. This can be done if one of the contributors to the DNA is identified. For instance, if police obtain a swab from one of the victims and match it against DNA obtained from evidence, they will be able to get a partial profile for the other person (assuming only two DNA profiles are mixed on the evidence). Mixed DNA samples make the mathematical computation of the final statistics somewhat less certain. But even mixed DNA samples can yield results that would appear to be very conclusive to a potential jury.

These are some of the possible explanations for why an innocent person's DNA might end up at a crime scene.

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What Is The Criminal Defense Lawyer Association?

The National Association of Criminal Defense Lawyers is an organization with more than 47,000 members; either directly or through affiliates. It was formed in 1958 with the intent to "Ensure justice and due process for persons accused of crime. Foster the integrity, independence and expertise of the criminal defense profession. Promote the proper and fair administration of criminal justice."

It is a forum for members to discuss law and its application, to share updates on technologies, techniques and theories that promote criminal defense advocacy; provide meetings, seminars and publications for same; and allow the public to access the website to find a lawyer in their time of need.

Lawyers that join NACDL (or one of its state affiliates) have taken their oath of office a step further, going 'above and beyond' what is required, to the ideal put forth in the Constitution and Bill of Rights of the United States, that ALL people, the indigent as well as the wealthy deserve due process, which includes the lawyer working to the utmost of his or her capabilities; as well as adhering to these credos even in the face of changes to laws and 'streamlining procedures' that threaten to erode these Constitutional guarantees.

Among the beliefs that lawyers of this association adhere to is that victims and witnesses should be treated with compassion, rather than being put on trial themselves; a right to privacy in person, property and communication; a right to counsel of their own choosing- without it being used against them; and a policy of sentencing punishment in keeping with the crime, not mandatory requirements that are unaffected by circumstance or intent.

They advocate prevention and true rehabilitation rather than an incarceration and release approach that generally only causes a downward spiral of habitual (and worse) offenses. To promote this within the organization, there are annual awards given to recognize those members that have excelled even at this higher level of dedication.

As an open forum, all levels of government- national, state or local, can access or present information that provides additional insights or interpretations of past rulings; scientific communities working in forensics or mental and biological health can present advancements in technology or new data on research into various conditions and diseases and how they may affect or interact with a person's judgment or capabilities at any given time.

This allows the organization to disseminate as widely and quickly as possible new information when it becomes available.

Within the NACDL website itself, there is an area for members only, where they can privately discuss questions, problems, or new information among their peers so that a consensus can be reached.

By working to uphold the Constitutional view of law, the NACDL hopes to return the country to the principals on which it was founded, and not allow fear, greed, or apathy to erode our system of criminal justice.

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Burglary in Mississippi

Burglary is a property crime in Mississippi that involves breaking and entering the property of another person with intent to commit a crime. The most commonly committed crime during burglary in Mississippi is theft or larceny, meaning to take possessions and remove them, but any illegal act that begins with breaking and entering begins with burglary. Other commonly committed crimes in conjunction with burglary include:

Arson: the intentional setting or attempt to set a fire to further a criminal purpose, such as insurance fraud, property damage or even harm to another person in Mississippi.
Vandalism: breaking into a place in Mississippi in order to cause some form of destruction, defacement, or devaluing of the property itself or of the items contained therein.
Trespassing: an extremely common burglary-related crime in Mississippi, trespassing is simply entering into the inclosed land of another person without that person's permission.
Theft: Breaking and entering with the intent to steal another's property is a common burglary crime in Mississippi, and accounts for the largest percentage of burglary-related property crimes in the state with over 54,000 instances in 2008 alone
Malicious Mischief: commonly associated with vandalism, malicious mischief in Mississippi involves specific amounts of property damage and the situations that allow a person or persons to engage in such a crime.
The FBI reports burglary accounted for 26,024 crimes in Mississippi in 2008, making it significant proportion of the property crimes committed in the state. Unfortunately, the statistics indicate that burglary is frequently followed by larceny, which in turn perpetuates the cycle of crime and hopelessness felt by so many people across Mississippi and across the nation. Burglary is a very common crime throughout the state, as the downward shift in the economy has drive countless numbers of people into desperate situations where they believe that the only way they can provide for themselves or their family is to break into someone else's property to take what doesn't belong to them, or destroy or damage it to express the frustration and rage they have about their life.

There are usually victims on both ends of the legal spectrum when someone commits a burglary-related crime in Mississippi. The person that has their property stolen or damaged suffers from the loss of their goods, as well as the violation of their personal security, while the person that allegedly commits the crime suffers the mental hardship of knowing they may have wronged their fellow Mississippian, and now faces an uncertain future of criminal charges.

As the pain of the recent economic uncertainty recedes behind us to the pages of history, hopefully, in the months and years to come, burglary in Mississippi will become but an unpleasant memory of a time best forgotten.

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