Equitable Exception To Aedpa For Actual Innocence

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Thursday, May 30, 2013

We have seen over the last two decades, in part thanks to the incredible efforts of the Innocence Project, that many individuals on death row awaiting execution are actually innocent of the crime for which they were convicted. A growing number of states, in light of the risk of executing an innocent individual, have declared a moratorium on the death penalty. In spite of these steps to guard against an injustice no one could undo, many others continue to push for streamlining the review of capital cases by limiting successive appeals in state and federal court. One of the most significant barriers to full review …

Security guard faces federal charges for witness tampering

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law and Federal Crimes on Monday, December 31, 2012

As our St. Louis readers know, American citizenship provides for a number of privileges and opportunities, but it also carries with it civic responsibilities. Among the many responsibilities that come with U.S. citizenship, individuals are prohibited from interfering with any type of federal investigation. Obstructing justice, tampering with evidence and tampering with witnesses are all considered serious offenses under federal criminal law.

Recently a security guard who worked in a St. Louis County office building was indicted in federal court for alleged witness tampering. According to authorities, the security guard saw a Social Security Administration officer following a man in …

Missouri businesses charged for selling synthetic marijuana

On behalf of The Marks Law Firm, L.L.C. posted in Federal Crimes and Marijuana on Wednesday, December 26, 2012

Our St. Louis readers may know that drug cases involving simple possession or the sale of a small amount of a substance are usually handled at the state level. But sometimes, larger-scale drug offenses that allegedly implicate a number of individuals fall under the jurisdiction of the U.S. government.

This was recently the case in Missouri when 21 people were indicted by a federal grand jury for the sale of synthetic marijuana. Each of the individuals either owned or worked for one of 13 retail business that sold the substance to consumers in the state
Synthetic marijuana, sometimes called “K2,” …

St. Louis teacher faces federal prison time for child pornography

On behalf of The Marks Law Firm, L.L.C. posted in Internet Crime on Monday, December 17, 2012

St. Louis residents should be aware that depending on the type and severity of a criminal charge, a person accused of a crime may find that their case falls under the jurisdiction of federal authorities. One category of federal offenses includes white collar crimes such as fraud and embezzlement, which often involve the defrauding of a federal institution. Another category of federal crimes encompasses cybercrime, which takes place over the Internet and, therefore, crosses state boundaries.

Charges for child pornography tend to fall under the category of cybercrime because the receipt and transmission of the images at issue often occur over the Internet. …