Social media serves several purposes when solving criminal cases. Legal defense teams can use Facebook, Twitter and other forms of social media to track possible suspects as well as gain information. Studies suggest that over 50 percent of respondents use social media on a weekly basis. Individuals who use social media on a regular basis will often post their location as well as their activities online.

Public Knowledge

Social media sites allow users to post information about them for others to see both publicly and privately. They can post comments, pictures and statuses detailing their general activities or use the site as a place to notify others of their location and specific activities. A few of the more popular social media sites are:

Facebook
• Twitter • Instagram • LinkedIn

Sites like LinkedIn are used primarily by professionals as a networking tool, while the others are more often frequented by individuals for personal use. A criminal defense law firm in California or Florida can access public accounts and use the information posted on them to investigate criminal activity. The information contained in those accounts can be used against a defender, or may even be used to garner support from the public.

Because social media sites are considered public forums, anything posted without restrictions is often admissible in court. In cases where search warrants were requested using information from social media sites, at least 87 percent of them were approved for use in court proceedings. An attorney at a criminal defense law firm in Florida or California can also use social media sites to bolster support for their clients. For example, right here in Florida George Zimmerman’s attorney created a Facebook page where he could keep supporters up to date on the trial proceedings. (1) Using the same tactic, Trayvon Martin’s supporters used both Facebook and Twitter to set up protests across the country.

Who Uses Social Media for Legal Purposes

Both law enforcement and legal professionals use social media for legal purposes. Law enforcement detectives and investigators use the location features to determine the whereabouts of individuals during specific events and at various times. This can provide them with a timeline of an individual’s activities. They also can determine who an individual was with through pictures. Although it isn’t solid proof, it can give police officers enough evidence to pursue a search warrant. If evidence is produced through a legal search, an arrest warrant may follow.

Legal professionals use social media sites as a way of gaining information for or against an offender for a specific case. For example, if an offender used a social media site to plan a particular crime and posts can be related to the event, the information can be used in court against them. The information they gain from public posts include time, date, location and other individuals who may be involved. Legal cases can be built around social media posts, but only when it leads to evidence which is substantiated through other means. A criminal defense law firm in California or Florida can effectively take information and establish a foundation for both criminal charges and defenses.

Using Social Media to Track Gang and Other Illegal Activity

Police officers who are diligent when investigating gang and other group related criminal activity can establish networks that eventually provide them with an extensive list of potential gang members and leaders. As former prosecutors who worked with others in the Pinellas County Gang Crimes Unit, we know first hand that police and prosecutors set up facebook and other social media accounts and attempt to attract gang members to their sites. A legal professional at a criminal defense firm in Florida or California who uses social media posts must ensure the authenticity through whatever means possible if they intend to use the information to bring charges against an offender.

About the author:
This post is created by RJ Manuelian who is an author, a speaker, legal expert, consultant and legal commentator for all major media outlets including FOX News, CNN, NBC, CBS, ABC etc., He is associated with Manuelian Law firm – manuelianlawfirm.com.
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An article in the CSM website shines some new light on marijuana legalization and DUI charges. Driving Under the Influence is not just for alcohol as 1000s are finding out the hardway…

In the state of Washington, marijuana has been legal since January of 2013. A new report shows an alarming rise in drug-based DUIs since then. In the first six months of 2013 745 people stopped for DUI in Washington have tested positive for marijuana. This is a marked increase from the average of the last two years, where around 1000 people per year had the drug in their system when arrested. There is aslo the possibility that these DUI drivers are driving more stoned then before the drug legalization. Over half of the people pulled over had more then the legal limit of 5 or more nanograms of THC in their blood.

State officials and law enforcement fear that this may be just the beginning. The increase in “drug driving” arrests took place despite the fact that recreational-use pot shops are not scheduled to be open until next year.

Washington D.C. and 20 states have allowed medical marijuana use and Colorado and Washington state allow recreational pot use. There are several more states (including Florida) that are debating whether or not to either decriminalize marijuana or allow it for medicinal purposes.

Supporters of the drug argue that arrests are not that much higher then before the new laws went into affect. Opponents of marijuana laws think otherwise.

Kevin Sabet, co-founder of Project Smart Approaches to Marijuana, a group that opposes widespread drug use, said the results are not surprising.

“People are getting the impression that marijuana use is okay,” he said. “Even before one recreational store opens in Washington, we are already seeing the effects (of marijuana).”

A local criminal defense lawyer was asked to comment and blamed the state’s “stoned driving” standard, saying it encourages police to pull over more drivers suspected of marijuana use.

LEGAL ANALYSIS

In Florida DUIs are covered under a specific statute. As mentioned on this blog before, the stereotype of the drunk weaving all over the road is not always accurate. A DUI conviction can be had by alcohol and/or any substance controlled by chapter 893 (the drug statute). This means that marijuana, cocaine, molly, oxycodone or any one of 1000s of drugs could affect one’s ability to drive a vehicle and potentially earn them a DUI.

What about Florida? If other states are a guide, it seems logical to guess that a relaxation of certain drug laws may bring with it an increase in other crime such as DUIs or other matters. Is the trade off worth it? That will be up to the voters and Tallahassee to decide.
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You’ve been in a serious automobile accident that was another driver’s fault and you both have automobile insurance. Whose insurance pays for your injuries and the damage to your car? The answer may depend on the state in which you reside.

The majority of states are using what’s known as traditional tort insurance. The driver who is at fault and his or her insurance company are responsible for any injuries or losses that the innocent driver suffers. Sometimes the at-fault driver’s insurance company will pay all of the innocent driver’s accident-related expenses. In other instances, the innocent driver may have to hire an auto accident attorney and sue the at-fault driver to collect the money this driver may deserve.

But a handful of states (like right here in Florida) require drivers to purchase no-fault automobile insurance (sometimes known as personal injury protection or PIP). In these no-fault states, each driver’s automobile insurer pays for its client’s expenses after a car crash. The innocent driver may be barred from suing the driver who is to blame for the accident, or they may only be able to sue in limited circumstances.

Am I in a No-Fault Insurance State?

Nine states require drivers to have no-fault auto insurance. Those states are:

Florida
• Hawaii • Kansas • Massachusetts • Michigan • Minnesota • New York • North Dakota • Utah

Additionally, Kentucky, New Jersey and Pennsylvania allow motor vehicle owners to choose between traditional auto insurance and no-fault insurance. (These are sometimes referred to as choice no-fault insurance states.) If a Pennsylvania driver doesn’t make a choice, then he or she is automatically provided with traditional tort coverage. In Kentucky and New Jersey, drivers who don’t make a selection default to no-fault coverage.

When Can You File a Personal Injury Suit in a No-Fault State?

Drivers in no-fault insurance states are not completely barred from filing personal injury lawsuits in connection with automobile accidents. The state just raises the bar on eligibility requirements to keep the courts from getting clogged by minor lawsuits.

In five no-fault states, drivers must meet what’s known as a verbal threshold. If the accident and its injuries were sufficiently serious–for example, someone in the accident is killed, dismembered or permanently disabled–then a personal injury or wrongful death lawsuit is allowed. The states that have a verbal threshold (sometimes known as a qualitative threshold) are:

Florida
• Michigan • New Jersey • New York • Pennsylvania
In other no-fault states, there is a monetary threshold or quantitative threshold that must be met before a lawsuit is permitted. Those states and their thresholds are:

• Hawaii: $5,000
• Kansas $1,000
• Kentucky $1,000
• Massachusetts $2,000
• Minnesota $4,000
• North Dakota $2,500
• Utah $2,000

No-fault insurance and its rules can be confusing. If you’ve been hurt in a car crash that was someone else’s fault, talk to an automobile accident lawyer today–even if you live in a no-fault insurance state. Your attorney can review the details of your claim, help you understand your state’s laws and determine whether you have grounds for a lawsuit.
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Putting the “con” back in congress? From the baynews nine website, a Florida politician is apologizing to the voters and is now seeking treatment after being arrested on a cocaine charge…

37-year-old Rep. Henry Radel pleaded guilty in open court to a misdemeanor charge of possession of cocaine this morning. Telling the judge that “he needed help” he was sentenced to a year of probation. His criminal defense attorney refused to comment when questioned by reporters.

The former radio host was elected to represent Florida’s 19th Congressional District (along the Gulf Coast). Elected in 2012, he is thought to be the first sitting member of Congress charged with drug possession since Frederick Richmond in 1982.

Per a DEA spokesperson, Radel bought the cocaine in a D.C. neighborhood on October 29 from a confidential informant. The “CI”, who was working for the feds after being arrested for his own drug possession charge, identified Radel. The night of the buy, federal agents went to his apartment to inform him that he would be facing criminal charges.

For his part, Henry Radel told the judge that he would be seeking drug counseling as well as treatment for his alcoholism. He expressed regret for letting down his family and his constituents. Will he be forgiven? That will be up to the voters and remains to be seen…

LEGAL ANALYSIS

The cocaine possession charge in Washington D.C. is a misdemeanor, punishable by up to six months in jail or 12 month’s probation. One (the only?) bright spot in his arrest? At least he isn’t a hypocrite! Among the bills he sponsored was legislation to amend America’s minimum mandatory drug laws.

If he had been arrested for cocaine possession in Florida, he would not have been so lucky. Possession of a controlled susbtance is found under Florida Statute 893.13. It is a third degree felony and punishable by up to five years in prison and a two year driver’s license suspension!

Finally, this question has come up: Is Henry Radel getting special treatment because he is a politician? Surprisingly he may not be. In Florida a typical sentence for this charge depends on many things including the facts of the case and the defendant’s prior record. This is Rep. Radel’s first offense. In Pinellas county, most likely he would be given either probation, a chance to have his case dismissed through the Pre-Trial Intervention “PTI” program or even moving his case to Pinellas County Drug Court where he would undergo treatment and work towards having his case dismissed.
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The holidays are fast approaching and with them comes an increase in car burglaries. A guest blogger was kind enough to give us tips in how to avoid being a crime statistic this season.

More than ever, car theft is becoming more and more prevalent. Many societies view cars as an indication of someone’s status. Because of this, cars are regarded as a luxurious commodity. Many dishonest people and organized crime rings make their living through stealing cars. However, there are simple tips that you can employ to lower the chances of your car being stolen. Here are a few of them:

Park In Well Lit Areas

Whenever you are out with your car, park in a well it area as much as possible. Furthermore, if you can park in an area with a lot of foot traffic, the odds of your car being broken into decrease dramatically. Stealing a car, depending on the skill of the thief, may involve tools and maneuvering. That is why thieves like dark and deserted places since they have a bigger window of opportunity when it comes to stealing your car.

Car Security

Whenever you can, purchase a security system for your car. You have already invested a lot of money purchasing a vehicle. The next logical step is to increase its security as much as you can. Car security systems come in a wide range of prices, features and uses. You will have no problem finding something that will be right for your budget and situation. An expensive and advanced car security system is able to monitor the position of your vehicle at all times through GPS.

Furthermore, once you report your vehicle as stolen, part of the security system is triggered and relays the position of the vehicle to the police immediately.

Secure Your Car Garage

Have a garage? Well then use it! It is always best that you have a closed garage for your vehicle. This can significantly lower the chances of a luxury car being stolen. If you do not have a closed garage, then you can install motion sensor lights in your house. Once you have properly installed these lights, they will automatically light up whenever it detects motion. These lights will lower the chances of your car being stolen.

Do Not Leave A Running Car

Never leave your car running even if you are only planning of leaving it for a short time. This is a perfect opportunity for car thieves since it will only take a couple of seconds for them to leave with your car. This usually happens in convenience stores, ATM’s and gasoline stations.

Do Not Leave Valuables

Leaving valuables in your car is a big no! This will only give additional reasons for a car thief to run off with your car. You will also be preventing your car being broken into, if not entirely stolen, by following this simple tip.

Make Sure You Locked The Doors

This tip might sound very obvious, but make sure that you double check that you have locked your car doors. Statistics have shown that a good number of cars being stolen are due to the car doors being unlocked.

Completely Shut The Windows

Some people have a bad habit of opening a few inches of their car windows. Do not do this; you are simply making the job of a car thief easier.

Author bio – Bradley Taylor is a freelance UK writer who writing about all aspects of the automotive industry. You can connect with Bradley on Twitter and Google+.
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In a previous blog entry we wrote about convicted murderers Joe Jenkins and Charles Walker, both of whom escaped from prison based on forged documents. Thanks to an exclusive update from Bay News 9, we have an update on both the escape and the forgerer…with a Pinellas County twist!

In front of a Senate panel, the head of the Florida Department of Law Enforcement testified about the recent escape from Franklin correctional institution of two murderers within weeks of each other. Instead of nail files or smuggled shovels, they escaped by forged documents fooling the prison and allowing the two men to walk out the door within a few weeks of each other.

Both men were quickly recaptured and the forgery ring began to unravel. Described by a spokesman as a “clever fraud ring among a group of inmates at Franklin CI”, the ringleader was discovered to be 48-year-old Nydeed Nashaddai of Pinellas County.

Nashaddai should have been a suspect from the start. He has an extensive criminal history in Pinellas on dozens of charges including burglary, uttering forged bills, escape, grand theft, and criminal use of personal ID among others. In 2009 he was sentenced to 20 years in prison and was in Franklin Correctional. He then escaped a few months later by forging court documents saying he was ordered released-in the same manner as he did years later for these two murder convicts!

The investigation revealed that the suspect used real court documents as templates for his forgeries. The one bright spot to come from this is now the prison system and the courts are working towards developing a new, more secure system to prevent incidents like this from happening in the future. The idea of the new security system will allow the clerk of court, judges, jails and prosecutors to be made aware of court orders that may be suspicious.

Meanwhile, the police are anticipating further arrests in connection to this prison escape. As for Nydeed Nashaddai, his forgery days should be over. It is anticipated that he will be charged with numerous additional offenses including facilitating an escape, forgery and aiding and abetting.
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There are certain times when you will be facing adversity through injury. If the injuries which you have suffered are due to the negligence of another person, the most natural thing to do is pursuing legal action. But how will you proceed on when dealing with this?

Make your Report Detailed

Whether you are creating your accident report yourself or if the police are preparing it for you, you should make sure it’s detailed. Talk about everything that you have suffered such as a concussion, bruise and anything between. If some bumps develop in the place in the future, it really helps to note them down. Also, think about the mental side of things and more possibly, write down whatever you are going through.

Know How Much Money You Have Lost

When you don’t attend work because you have suffered an auto accident, you will lose money because you will not be able to attend work. And for those who are able to attend work, they may be getting paid at a lower rate. In the long run, you will have lost a reasonable amount of money. Also, if you have missed out on other opportunities such as attending learning and educational opportunity, you should consider listing down the cost of those classes.

Get Advice from Trusted Friends

As a result of suffering personal injury, you will absolutely need to get an experienced legal professional to offer you the much needed representation. Getting the best legal professional can be challenging hence there is a need for you to consult friends and family members who you can trust. It’s in your best interest that you need to invest in a knowledgeable and highly experienced personal injury attorney. By asking for reference from the people you trust, you can actually be able to hire an attorney whom you will work with and deliver you great results.

Don’t Fall for Advertisements

Whether you are picking an auto accident attorney in Saint Petersburg, FL or Anchorage, AK, you should never just rely on advertisements. Good attorneys advertise their service but usually get the bul of their business by building an actual reputation over time. Even if an advert is very good, it may not be able to tell about the actual ability of the attorney. Talk to the people you know and they will be able to refer you to a reputable attorney who has what it takes to deliver you fantastic service. In many cases, people who have hired attorneys based on the adverts they saw on television have ended up being utterly disappointed and you don’t have to be part of the statistic. It’s really worth your effort to search when looking to hire a lawyer because the person you hire determines the results that you get in the long run.

Ask Questions

When you are meeting with an attorney for the first time, it is important that you ask as many questions as possible. For instance, you should ask about the attorney’s education, length of experience in similar cases, working plan, case management and a wide range of other issues. By taking the best approach when hiring an Anchorage insurance lawyer or a Pinellas auto accident attorney, you stand better chances of achieving fantastic results.

About the Author:
This guest post was contributed by Robert Stone. He is a premier plaintiff’s Anchorage Auto Accident Lawyer.

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From a local CBS news affiliate, two Florida inmates serving life in prison for murder, walked out of prison thanks to a clever forgery…

34-year-old killers Joseph Jenkins and Charles Walker both walked out of prison within two weeks of each other despite being sentenced to life in prison without parole. The reason? Each convict had a forged motion and order correcting an illegal sentence!

Forged paperwork with the “signature” of Judge Belvin Perry was sent to the Department of Corrections ordering the men to be freed. The paperwork was sent through Orange County (Orlando area) and failed to raise any eyebrows. It is probable that Judge Perry’s signature was forged due to his involvement in the recent Casy Anthony trial. His signature was plastered on dozens of court orders, many of them available on the web.

When asked for comment, Leesa Bainbridge, the Orange County Clerk of Court spokesperson sounded pessimistic about catching the perpetrator. “I don’t know if we’ll ever be able to determine where these pieces of paper came from. “We have thousands of pieces of paper coming through this office,” Bainbridge told Crimesider. “There’s no way to backtrack and say whether this was mailed in, faxed, or left in a dropbox.”

Additionally, the Florida Department of Corrections is denying wrongdoing. A spokesperson stated that all procedures were followed. After receiving the order, they called and confirmed the same with the clerk, prepared the paperwork and ran a warrant check on the two men.

The killers wrongful release was actually discovered by accident. Per standard procedure, the DOC gave notice of the release to the victim’s next of kin. The shocked victims called the state attorney’s office and after investigation, they determined that the releases were a mistake.

Joseph Ivan Jenkins was released on September 27 despite serving a life sentence for a first-degree murder conviction of a father in 1998. A few days later, Christopher Walker was released from prison despite his life sentence for a 1999 murder. Both men were at the Franklin Correctional Institution but otherwise did not seem to have a connection.

The forged paperwork releasing the two men however, appeared to be remarkably similar. The same motion to correct an illegal sentence with a forged signature from the State Attorney, Jeff Ashton. The same order granting the motion (with the forged signature of the judge) and several pages of legal language was enough to fool the clerk’s office.

The documents in question were motions to correct a so-called “illegal sentence” that was supposedly written and filed by a prosecutor in the State Attorney’s Office. This in itself should have raised some red flags as this type of motion is almost always written by the defendant’s criminal defense lawyer, not the prosecutor.

Walker’s Oct. 7 motion argued that he should never have been sentenced to life imprisonment because he was only found guilty of third degree murder, not second degree.

The motion asks for a reduced 15-year sentence, and another forged document granted it.

Likewise, Jenkins’ Aug. 30 motion also claims that his sentence was excessive because the charges were wrong. The forged order granting a reduction from life to a 15-year amended sentence was filed the same day.A local Pinellas criminal defense attorney believes that the forgeries were so well done that they could only be written by someone who has legal experience.

As of this writing, police are concentrating on finding and recapturing the two men. However, an investigation has also been opened into finding the people/person responsible for the false documents. There are a few leads such as a twitter account that was opened titled “FREE CHARLES WALKER”.

The really embarassing part was that this was the second time that a false document was used in an attempt to get the convicts released. Police investigation revealed that in 2011 another document showed up ordering a reduced sentence. A few months later, similar documents granting Walker the same early release. For an unknown reason, the prison did not release the two men despite the papers being sent to the DOC. Officials are at a loss to determine why these earlier forged documents were not noted in either of the two men’s files.
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An interesting article in the New York Times talks about an upcoming court ruling which if followed in Florida, may open up a new defense to certain criminal charges. The defense? “I was too drunk to know what I was doing”!

In New York, three similar charges, three similar results. T. Taylor voluntarily took ecstasy, tore off her clothes during a fight with a family member then drove at 80 mph down a school zone at night without any lights on. She struck and killed a pedestrian.

M. Heidgen drank non-stop for almost 12 hours, got in his truck, drove the wrong way down a one way street and killed two people when he crashed into oncoming traffic.

F. McPherson got “blind drunk” at a night club, got into his car and crashed into a Jeep while speeding and driving on the wrong side of the road. The other driver was killed.

Three similar cases with similar results. All three defendants were charged and convicted of second-degree murder. The assigned prosecutors argued that the defendants had shown a “depraved indifference to human life” by their actions. Yet these seperate cases were all brought to New York’s highest appeals court on review. The reason? The judges had to rule on the arguements from the criminal defense lawyers: Their clients were so intoxicated that it was impossible for their minds to be in a “state of depraved indifference” that the law requires!

Over the course of several hours prosecutors argued that all three drivers were voluntarily intoxicated and knew they were endangering others but did not care. The criminal defense attorneys countered that their respective clients were too drunk or high to know that they were putting others in harms way.

How did New York get here? In 2006, People v. Feingold came out and the Court ruled that depraved indifference is a state of mind. This was upheld in several cases. As a result, prosecutors had an additional burden to prove. When proving second-degree murder cases (especially drunk driving ones), the state must show the defendant consciously and willingly showed “an utter disregard for the value of human life”.

These court rulings meant that heavy drinking could be a defense in vehicular homicide cases. For instance, M. Heidgen blew a .28, well over the .08 legal limit and drove almost five miles into oncoming traffic. Heidgen ignored several vehicles signaling at him to stop. Should the state have to prove he was sober enough to show “depraved indifference” or as the prosecutor argued, should it be left in the hands of the jury to determine if the defendants were culpable?

A ruling is expected within a few weeks.

LEGAL ANALYSIS
Could something like this happen in Pinellas county, Florida? Is there a possible new defense on the horizon? The short answer is in Florida, probably not. Pinellas, Hillsborough, Pasco and the surrounding counties rarely file a second-degree murder charge over a drinking and driving accident. Rather than risk having to prove the suspect had a “depraved mind” as required under Florida Statute 782.04 Florida has a better method. By filing either a DUI manslaughter or a vehicular homicide charge (many times both) against a suspect, the state would not need to prove “indifference” or even intent.

What is the difference between DUI manslaughter and vehicular homicide? DUI manslaughter is simply a DUI (driving under the influence) where as a result, a person was killed. The state has to prove that a death occurred as a result of the defendant driving a vehicle while legally intoxicated. A vehicular homicide is similar to a reckless driving charge which results in a death. The state must prove that a death occurred as a result of driving in a reckless manner where death or great bodily harm could occur.

While both charges are often filed by the state attorney, case law is clear that both charges cannot be used for sentencing purposes in the case of one fatality.
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While the president and congress go back and forth in Washington over the spending bill and the national debt ceiling, many worry that this standstill in the nation’s capital will begin to have a host of unintended effects on the American public. Some of these are already coming to light as in the highly publicized case of Michelle Langbehn who’s clinical trial to treat her rare form of sarcoma was put on hiatus due to the impasse. While we have already begun to see some of the immediate consequences of the shutdown, some worry that the longer it continues the likelihood of increased crime becomes more of a reality.

While the 1995 shutdown lasted 21 days (from December 15th to January 6th) the American economy was in an arguably much better state than it is now. Advancements in technology and a nearly 2% climb in unemployment rates create a fertile ground for an amplification in criminal activity.

As we grow ever closer to that October 17th date when America may officially hit the debt ceiling and defaulting on our national debt becomes a reality, criminal defense attorneys recognize that the plausibility for fraud, identity theft and mortgage crime may escalate (especially at the federal level) as criminals perceive that there will be less government oversight and as a result, an increased likelihood that they will be able to get away with their misconduct.

Florida criminal defense attorney John P. Contini warns of the long term ramifications of the shutdown,

“Unfortunately, this isn’t just a political battle between President Obama and the Republican leadership, or one over healthcare. Criminals out there will see this as an opportunity to exploit government programs like food stamps believing that no one will be watching. That’s what criminals do.”

The impact that the shutdown will have on legal services is highly contingent on the duration. Washington legal firms have already noted a slowdown in things like subpoenas or Inspector General Investigations, two areas that drive a lot of billable hours to certain sectors of the law industry.

This situation becomes further compounded when you begin to consider the significance of the time tested theory of supply and demand. Where there is deficiency there is of course opportunity. As firms that work closely with government entities come to an impasse of their own, some private defense lawyers have been left to fill in the gaps where no specific industry expertise is necessarily needed.

While this may initially seem like a good thing for firms who were already struggling to meet financial targets during the final quarters of 2013, this ultimately leaves a shortage at the end of the hypothetical law food chain. As private defense lawyers become more and more involved in these sorts of scenarios, your everyday average Joe seeking run of the mill legal help may begin to feel the pressure of the shutdown.

This coupled with the potential for increased crime has many wondering what sort of residual effects the United States is facing as congress and the president continue struggle to arrive at an agreed upon spending bill.

About the author: Eli Murphy is an editor who works with AbacusLaw.
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