Prosecutor Bullying in Lori Loughlin Case

Having practiced criminal defense for 25 years, I am often asked about high profile cases. While they are often treated differently than more average cases, the general public can learn a lot from these types of cases. The current federal case of the United States v. Lori Loughlin is one such example.

The case pending involves allegedly paying bribes in order to obtain admission for the children into various universities. My initial take is that there is a great amount of pressure to plead guilty, which is generally the case with all criminal charges. I believe that Lori Loughlin and most of the others DO have a valid defense. The federal bribery statute prohibits corruptly giving, offering, or promising anything of value to a federal public official or appointee with the intent of influencing him or her to perform an official act or to commit fraud. . It seems to be a stretch that these universities qualify as a federal agency or official. Moreover, the bribes were not paid to the university but to an agent which the stars hired to assist with admission. It may also be interesting defense tactic to determine what is a legitimate gift to the university v. bribe, and can your child receive preferential treatment because of a gift?

The most current development regards the additional charges which the government has brought since they refused to plead guilty. THIS IS A COMMON TACTIC utilized by many prosecutors to force a plea and to punish those who wish to exercise their constitutional rights. Prosecutors ARE bullies. If they are out to protect the public, and they believe that this is a valid additional charge, then all of the defendants should have faced the same charges. The reality is that they are trying to unduly punish those that exercise their right to trial.

If you are a defendant in a criminal case, hire an experienced defense attorney who can advise you throughout the process. Do not assume that the prosecutor is purely interested in justice – they want a guilty verdict. If you are not guilty, the trial tactics are just that and stand up for your rights! For consultation and representation in Kentucky and Ohio, call Michael Bouldin at 859-581-MIKE, that is 859-581-6453 or email mike@bouldinlawfirm.com.

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Co-Parenting Apps

Our Family Wizard, coParenter, AppClose and talkingParents are all personal cell phone apps today assist divorced parents in communications.

The apps cam also track and monitor communication, exchanged of shared expenses, child and shared calendars and even resolution or parenting disputes. These apps also have communication monitoring which suggest alternative language if a message is abusive, vulgar or insulting.

Many times use of these apps are court ordered if the parties have a history of trouble communicating or repeated need for court resolution of issues. As a divorce attorney for over 20 years, I can attest that even the best judges are seldom the best at making parenting decisions for others. Parents need to parent.

If you are divorcing or need advice about parenting disputes, contact a local family law attorney. For consultation in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 581-MIKE (859-581-6453)

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Cross Examination Can Secure Criminal Acquittal

I recently tried a case in felony court where 3 police officers had testified that the defendant made an admission to the charges. They defendant was charged with 2 counts of burglary and one count of felony tampering with evidence.

Despite the fact that the defendant did not testify at trial the jury still returned a verdict of not guilty after presentation of all evidence. The key to the acquittal was effective cross examination of the police officers.

Review of the police officers investigation revealed that they failed to obtain recording, video or written confession from the defendant. Discovery, discussion and independent investigation also revealed that the police officers did a very ineffective job of actually investigating anything.

The police officers did not check the story of the alleged victim, did not check the validity of the defendants ultimate claims, did not finger print any of the alleged crime scene nor did they photograph any part of the alleged crime scene which could have either exonerated completely the defendant or provided additional evidence for the prosecution.

If you have been charged with a serious crime you need an experienced attorney. For consultation call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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When is a .200 Not a DUI?

I recently had a client that was cited for DUI after blowing a .206 breathalyzer. The charges were ultimately dismissed. How?

Often the full story is not told until an attorney obtains discovery and then further investigates and uncovers all of the evidence. This may be more than the prosecution or officers give in traditional discovery.

I talked to my client, obtained discovery, then met with the client again to get the rest if the story. He’s had been asleep in his truck after a night at the bar. The official report was that he wad parked at UDF and the car was running. The rest of the story showed that his truck wad to large for the bar lot and UDF was across the street.

Witnesses were interviewed who said he left the bar at 1:00 a.m. and had not left the parking spot since that time. He was arrested at 5:00 a.m. Further investigation revealed that three temperature was only 10 degrees that night and the vehicle was runningonly for warmth.

Kentucky has multi party testy to see if a person is in physical control of a vehicle and subject to a driving charge. Ultimately it was proven that this defendant was not and the DUI was dismissed.

If you are charged with DUI or any crime, hire an experienced criminal defense attorney. For consultation in Northern Kentucky or Cincinnati contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6463.

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How to Get the Best Plea Deal

As a criminal defense attorney for over 20 years I am often asked about whether a client should take a plea deal or go to trial. To get the best plea deal the 1st rule of business is to organize your best legal defense.

The most important factor in evaluating whether a prosecutor offers a plea deal is their chance of success at trial. If they have a very good chance of success in gaining a conviction they are less inclined to offer a good deal to the defendant. Conversely, if a conviction is not guaranteed, a better plea deal can generally be negotiated.

Of course there are many other factors that play into a successful plea negotiation. Those include the defendant’s criminal history, the type and nature of the crime, whether rehabilitation outside of jail is likely, and often input from the victum (if any).

If you have been charged with any crime, whether it be a felony or misdemeanor or DUI, you should hire the best criminal defense attorney that you can find.

For consultations in northern Kentucky and Cincinnati call Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com. Talk to an experienced attorney before going to court!

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