The Conspirator That Wasn’t There
The criminal defense attorneys at Boles Holmes White, LLC are often asked, “How could I be a part of a conspiracy when I wasn’t there?”
The main reason why prosecutors like to charge conspiracies is because of the Pinkerton doctrine. The doctrine is named for a famous case from the 40’s involving two brothers: Walter and Daniel, who both live together on a farm. Daniel was in prison when Walter was charged with conspiracy to violate the tax code (the brothers were not declaring their moon-shining income). The court found that, even though Daniel was in prison, he could be found guilty of conspiracy because he had once worked with Walter and did not declare the existence of the moon-shining operation.
In more formal terms, to charge conspiracy, the government must prove: 1) an agreement to conduct a specific crime, and 2) an overt act towards the commission of the crime. The trick of conspiracy is that once a person joins the conspiracy, unless they inform the authorities of its existence they remain liable for any acts of a co-conspirator that were reasonably foreseeable and were related to the purpose of the conspiracy.
Pinkerton liability (as the doctrine is called) is often an issue in federal and state conspiracy cases. The attorneys at Boles Holmes White, LLC can advise you on these and many other criminal matters.
- Published in Criminal Law
Alabama Woman Behind Bars after Large-Scale Crime Spree
Tonia Gay of Alabama and Jessie Joseph of Florida are behind bars in Crisp County jail after racking up over 40 criminal charges in a crime spree that covered four states. The two were taken into custody after deputies with the Criminal Apprehension Team stopped a silver Nissan Maxima on I-75. During a search of the vehicle, deputies found several drivers licenses, credit cards, debit cards, and social security cards.
The case was handed over to the Criminal Investigation Division where 16 victims were found to have been impacted by these crimes and all had their vehicles broken into at local gym parking lots. The cities of the victims included Albany, Atlanta, East Point, Woodstock, and Marietta, Georgia along with Denver, Colorado and St. Louis Missouri.
Sergeant Bray says that Gay has been charged with speeding, 28 counts of financial transaction card theft, 16 counts of financial identity theft, and one count possession of tools for the commission of a crime for having a window punch. . Joseph faces 28 counts of financial transaction card theft, 16 counts of financial identity fraud, and one count possession of tools for the commission of a crime for having a window punch.
The incident remains under investigation.
- Published in Criminal Law
Alabama Cornerback Arrested on DUI Charge
A sophomore defensive back for the University of Alabama football team landed in some legal trouble over the weekend according to an online arrest report. Geno Smith, who played in all 13 games as a freshman last season, was arrested by Tuscaloosa County police for driving under the influence on Sunday morning. He was jailed on $1,000 bond and had not been released as of Sunday afternoon. The incident took place while the Crimson Tide had two days off after Saturday’s scrimmage as a break between training camp and school.
Tuscaloosa County police spokesman Sergeant Bren Blankley was unable to be reached for comment.
Geno Smith, a four star recruit from Atlanta, was expected to compete for the starting position vacated by top-10 NFL draft pick Dee Milliner and see more action at the nickel cornerback position in 2013. With his status now in question, sophomores Cyrus Jones and Bradley Sylve appear to be the top two cornerbacks available off the bench.
“This is obviously not the kind of behavior we expect from our players,” Crimson Tide Coach Nick Saban said in a released statement. “I don’t have all of the details at this point and will handle it appropriately once I’ve had a chance to review the information.”
The Tuscaloosa News first reported news of the DUI arrest.
- Published in DUI