Greetings!

 

This monthly newsletter is intended to provide interesting news and cases in criminal law.  We hope that you will find it entertaining as well as useful. 

 

Sincerely,

 

Jeff Hammerschmidt

Hammerschmidt Broughton Law Corporation

Phone: 559-772-4614

Jeff@hbcriminaldefense.com   

www.hbcriminaldefense.com   

 

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Net Threats - The Dark Side of Wireless Technology and Internet Social Media 


Millions of Americans have embraced an active digital citizenship in the high-tech metropolis of the Internet and wireless domain with its requisite avenues of commerce, marketplaces of ideas, and routes of social interaction. Yet with the benefits of traveling and utilizing its swiftly evolving infrastructures come also the challenges both to consumers and to the legal community.

 

 

 

Internet and wireless crime have become an ever-increasing threat to financial, emotional, and personal security. According to the 2009 Internet Crime Report, released by the IC3 in partnership with the FBI, there was a 22% increase in Internet crime complaints in 2009 when compared to 2008.  The report further indicates that "the vast majority of referred cases contained elements of fraud and involved a financial loss by the complainant," which in 2009 was a total dollar loss of $559.7 million, representing an increase of over 110% from total reported losses in 2008 which were $264.6 million.

 

No less alarming is the rising trend of cyberbullying and its lethal effects on the emotional and physical well-being of young people. Among the most well known recent examples are the 2010 cases in Massachusetts and New Jersey.  In both cases, respectively, a young girl and young man committed suicide after enduring varying degrees of harassment and threats by individuals using Internet social media (such as Facebook) and wireless technology.

 

There are then cases where supposed victims are actually the perpetrators who manipulate both technology and the justice system to commit a series of crimes. Such was the 2010 case in Brentwood, NH where a woman, bitter during a contentious divorce, first fabricated a story in family court in order to get her husband (a Coast Guard Petty Officer) convicted of misdemeanor criminal threatening.

 

She then "registered a disposable cell phone under her ex-husband's name and sent herself a dozen threatening and suicidal text messages" pretending to be her husband in a plot to get him thrown in jail for violating bail conditions. After investigators uncovered her deception, she was arrested and eventually sentenced to 7-14 years in prison. Her husband, the true victim, had his sentence vacated and continues to serve in the Coast Guard.

 

Wireless technology and Internet social media by themselves are not innate threats. But the means by which they can be manipulated to commit crimes pose a unique challenge to law enforcement, prosecutors, defense attorneys, and also legislators. As innovations in technology and crime evolve, so must new securities, safeguards, and investigative techniques equally evolve for the sake of protecting the innocent and achieving true justice.

Crazy Laws & Lawsuits 

 

A  serial killer from Orange County, CA was convicted and sentenced to death for killing 16 people. A book was published detailing his crimes.   

 

He filed a lawsuit against the author for "defaming his good name." He claimed that the book would cause him to be "shunned by society and unable to find decent employment." Not surprisingly, the court dismissed his case.

News You Can Use


Skimming Devices and Credit Card Theft

 

As technology evolves, so do methods of theft. Take, for example, the skimming device. Becoming more widely used at ATMs and gas stations, it's a semi-recent innovation which captures information stored on the magnetic strip of a credit card...read the entire article

Our Community


"Comes now the thought, and a quiet conviction, that something has to change..."  

Mark Broughton 

 

In a recent thought-provoking article posted on AVVO.com Mark Broughton discusses his experiences representing many gang members over the years in hundreds of cases. 

 

In working more closely with these clients Mark learned that at some point, if a gang member does not end up in prison for life, or killed in activities related to the gang, a select few ponder getting out and leaving gang life behind.   

 

This can be an exceedingly difficult challenge.  That is why Mark dedicates time, money and resources to Hope Now For Youth, a local program of some esteem and notoriety in Fresno that helps former gang members turn their lives around.

Join Hope Now For Youth Facebook Group 

Staff Spotlight

Laura M. Bragg 

 

To say that criminal defense attorney Laura Bragg is held in exceptionally high esteem by her associates Jeff Hammerschmidt and Mark Broughton of Hammerschmidt Broughton Law Corporation would be an understatement.

 

"Laura has worked for my firm for nearly five years. She worked for me as a law clerk and now works for me as an attorney. She is a very hard worker who has an excellent knowledge of the criminal justice system. She is creative and puts client needs first. She keeps clients informed of the status of the case and does everything she can to obtain the best possible results for clients. Laura has an excellent career in front of her and is on her way toward being a stellar trial attorney." 

- Jeff Hammerschmidt

 

"Her knowledge and experience are well beyond her years of practice as an attorney. She is one of the most hard-working, dedicated young lawyers I know. She is extremely good with clients, always keeps them informed on their cases, and always puts their needs first. She knows legal procedure, the courts, and the process better than most lawyers who have been in practice for many years. She thinks 'outside the box' and comes up with solutions to difficulties in a case that most others miss. She is a terrific lawyer!"

- Mark Broughton

 

Laura M. Bragg graduated from the San Joaquin College of Law Paralegal Program in 2006 as Valedictorian of her class.  Afterwards she began working as a paralegal at McCormick, Barstow, Sheppard, Wayte & Carruth, the largest private civil firm in Fresno.  After deciding to attend law school, Laura began working as a law clerk for the Law Office of Jeffrey T. Hammerschmidt, now Hammerschmidt Broughton Law Corporation, and upon passing the Bar and being sworn in on December 1, 2010, became an associate attorney with the firm.

 

Prior to becoming a paralegal, Laura graduated from California State University, Fresno, with a B.S. in Mass Communications and Journalism and a minor in Business Administration.

 

Along with being a member of the State Bar of California and United States District Court, Eastern District of California, Laura is also a member of the Fresno County Bar Association, Fresno County Women Lawyers, La Raza Lawyers Association, and Fresno County Young Lawyers.

 

Among Laura's most distinguished endeavors is her volunteer work as a Domestic Violence Court Advocate with the local domestic violence agency, Marjoree Mason Center. As a volunteer she taught a weekly legal options class to teach domestic violence victims about their legal rights and different restraining order options, and also provided advocacy services in court helping domestic violence victims apply for and obtain restraining orders.

 

Contact Laura 

About Hammerschmidt Broughton Law Corporation


The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.

 

The firm is rated "AV" by Martindale Hubbell, the highest rating awarded to a law firm. The firm is also listed in the Bar Register of Preeminent Lawyers, a distinction reserved for the top five percent of law firms in the United States. The firm focuses on putting the client's needs first by keeping clients up to date on the status of the case, and by returning telephone calls quickly.

 

Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.

 

Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.