Recent DOJ Opioid Proposal Spotlights Problem, Penalties

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, April 25, 2018. How big is America’s prescription drug problem? Concededly, it is huge. Indeed, safety regulators, criminal law enforcers, health groups and advocates for the legions of Americans who languish behind bars following drug crimes convictions all attest to its vast dimensions. It is often termed a “crisis.” What underlies its occurrence? A problem so pernicious and widespread resists a quick and easy answer. Some commentators point to pharmaceutical companies as a primary source of the problem. Critics say they purposefully overproduce opioid drugs that are highly addictive, such as …

Suburban St. Louis Youth Pastor Faces Sex Crimes Charges

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Wednesday, April 18, 2018. St. Louis suburb Clayton was recently rocked by news of the arrest of a former youth pastor. The 30-year-old pastor at the town’s Central Presbyterian Church was arrested and charged with child molestation and statutory sodomy. The University City resident was charged in St. Louis County Circuit Court with a single count of molestation and a pair of counts of statutory sodomy. According to court documents cited by the Post-Dispatch, the sex crimes allegedly occurred between March 1 and April 1 of this year. The newspaper also reports that the …

Critical Moment For Juveniles: When Miranda Rights Are Read

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, April 11, 2018. We passionately and aggressively represent both adults and juveniles in criminal law matters at the defense law firm of Rosenblum Schwartz & Fry in St. Louis, and readily distinguish between them in a fundamental way. So too do most people, of course, knowing adolescents lack the same degree of judgment and life experience that adults understandably possess. We note on our website that, “A big part of growing up is about trial and error and learning from those experiences.” A time when it is decidedly unwise for a minor …

Forensic Science Infallibility Increasingly Questioned

In Sex Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Sex Crimes on Thursday, March 29, 2018. It is unsurprising that legions of Americans all across the country put high credibility on what they regard as the near-magic qualities of forensics science. After all, the processes and findings in that realm have been repeatedly blessed in CSI and related television dramas and movies for decades. Lab technicians working purposefully in sterilized labs with next-generation equipment and technologies simply do not err. Or do they? High numbers of critics just as well educated and trained in the field as real lab specialists know that forensics-linked errors …

What Catalysts Promote White Collar Crime In Missouri, Nationally?

In White Collar Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in White Collar Crimes on Thursday, March 22, 2018. We suspect at the criminal defense firm of Rosenblum Schwartz & Fry in St. Louis that few of our readers across Missouri and elsewhere believe there is a simple answer to the query posed above in today’s blog headline. Indeed, there isn’t, which is acknowledged in a recent Forbes article delving into corporate fraud and its underlying motivations. The white collar criminal universe is varied and tremendously complex in the United States. Moreover, it is bathed in a powerful spotlight these days. Government regulators and law enforcers are …

Criminal Law Focus: Traumatic Brain Injury, Culpability

In Violent Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Violent Crimes on Thursday, March 15, 2018. Criminal sentencing outcomes in Missouri and nationally have various underlying rationales. Deterrence is often cited when a prison term is meted out in a given case. So too is an inmate’s perceived potential to be rehabilitated. And then there is punishment, which is often a clear factor guiding a judge’s or jury’s determinations concerning a defendant’s future. Central to that is culpability, that is, the notion that a wrongdoer purposefully broke the law, knew there were consequences and must now pay the price. It has long been a …

Recent Fed Actions Signal Enforcement Uptick In Opioid Realm

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, March 8, 2018. Opioid addiction is a burning concern for state and federal authorities across the United States, including in Missouri. Prescription drug misuse and related problems have been termed a “crisis” by many commentators. Legislators and law enforcers seek desperately to gain control over what they view as an alarming and escalating issue. Harsh criminal and civil penalties clearly play a central part of the strategy employed by federal regulators against the opioid epidemic. That is often well evidenced, including just last week by Attorney General Jeff Sessions in remarks delivered …

When Is A Marijuana Possession Charge Considered A Felony?

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Monday, March 5, 2018. Marijuana has been legalized – medically or recreationally – in many states, but Missouri is not one of them. While there are efforts to add a constitutional amendment to the 2018 election ballot that would legalize medical marijuana, current law does not allow marijuana use of any kind. As a result, it is important to know what could happen if you are arrested for marijuana possession. Depending on several factors, a marijuana charge could be a misdemeanor or a felony. Possession charges A first offense for marijuana possession, if the …

Why States Need To Periodically Adjust Their Charging Guidelines

In White Collar Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in White Collar Crimes on Thursday, March 1, 2018. An experienced Missouri criminal defense attorney has many and varied responsibilities when called upon to forcefully represent an individual in a criminal law matter. Closely investigating the state’s case in all dimensions is an obvious focus. Did authorities have probable cause to interact with a client? Are there plausible challenges to the state’s offered evidence? Did police officers comply with warrant requirements? Were all required steps and legal processes scrupulously followed? A prominent spotlight also centers sometimes on charging-related matters, especially concerning the question of whether an …

Troublesome Aspects Of Police “Whisper” Stops

In Drug Crimes by RSFJ

On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, February 15, 2018. A police “whisper” stop takes on an ominous quality once its underlying meaning is understood. Imagine that police officers in St. Louis or troopers elsewhere across Missouri lack any evidence to suggest that a given individual is connected to unlawful drug activity. Federal agents working in a laboratory in another state have, though, pursuant to secretive investigative techniques that bypass warrant requirements. Those agents — from the FBI, perhaps, or the Drug Enforcement Administration — quietly pass along what they know to local law enforcers. And those officers …