Schwartz & Powell

Articles in "White Collar Crime"

PLEA BARGAINING: A GREAT DEAL FOR WHOM?

by Steven D. Powell Attorney at Law

The dirty little truth about plea bargaining is this: innocent people plead guilty to charges for which they are not actually guilty so as to avoid the risk of greater sentences should they be convicted at trial. People’s risk tolerance can trigger a surrender syndrome causing them to plead guilty merely to get out of jail in a reasonable time.

PLEA BARGAINING: REPRESENTATION RIGHTS

by Steven D. Powell Attorney at Law

Ventura County criminal defense lawyers with any substantial experience realize, when the proof is there, a defendant should know about and consider plea bargaining. Not every criminal charge should go to trial.

Police Officer Immunity for Violating Fourth Amendment: Can't I Sue?

by Steven D. Powell Attorney at Law

On February 21, 2012, the United States Supreme Court in the case of Messerschmidt v. Millender granted civil lawsuit immunity to police officers executing an invalid search warrant.

Ventura White Collar Crime and Fraud: What Was I Thinking?

by Steven D. Powell Attorney at Law

Schwartz & Powell defends many Ventura fraud criminal cases because of our long and successful history as Ventura’s preeminent criminal defense lawyers. But we also represent defendants and plaintiffs in civil cases for money damages arising from allegations of fraud and sharp dealing.

U.S. Supreme Court : No GPS Tracking Without Warrant

by Steven D. Powell Attorney at Law

The United States Supreme Court recently said warrantless GPS tracking of a cocaine dealer is a violation of the Fourth Amendment’s prohibition against unreasonable search and seizure. They reversed his conviction because in this drug case the motion to suppress evidence properly should have been granted. The evidence was obtained through secretly tracking the dealer with a GPS device law enforcement planted under the dealer’s automobile. The court in U.S. v. Jones decided 9-0 that GPS tracking requires a warrant.

“I Don’t Want to Talk”: Police Interrogation

by Steven D. Powell Attorney at Law

Most people believe their rights under the Fifth Amendment to remain silent and not allow police interrogation must be respected by law enforcement. After all, the Fifth Amendment is the law so why would law enforcement try to break the law by violating Miranda? That doesn’t make good common sense. Don’t we want to ensure the police don’t browbeat citizens suspected of criminal conduct? Don’t the police want to obey the law in conducting their business?