THE ACT OF ABDUCTION...

Keeping with the theme of crimes against person(s), the next topic of discussion will be centered about kidnapping or the legal term Abduction. Law Enforcement Officers deal with theses, but not on the regular basis due to the severity of these types of crimes. Most people think of kidnapping or Abduction when children are involved, however this type of criminal act can be committed against a child or an adult.

Abduction is defined as the forcible action of restricting the movement or taking of a person(s) without their consent. Hence, any action to restrict the movement of someone or even not letting them leave after they have expressed the desire to do so can be interpreted as Abduction. This criminal act is always a felony, and enhanced if children are involved. In the eyes of the law the definition of Abduction is very strict because the offense carries a minimum of five (5) years, and can be adjudicated up to life imprisonment.

The definition is pretty straight forward on this one, however sometimes this offense can be committed without even knowing it. Majority of the times that I have dealt with Abduction occurred during domestic disputes. In addition, during misunderstandings concerning rights as a parent to leave the state without permission from the other parent regarding the child.

When it comes to convicting someone of Abduction, the burden of proof is on the state to prove that the subject being charged knowingly restricted the movement or placed the complaining person(s) someplace else without their consent.

There are a variety of different types of Abduction, whether it be by forcible movement, restriction of movement, extortion, or blackmail via use of immigration papers. They all fall under the Abduction code section, and carry the same weight in the eyes of the law.

The Act of Abduction…

ASSAULT V. ASSAULT AND BATTERY...

Law Enforcement Officers deal with a variety of crimes against person(s) incidents throughout their careers, some of which require arrest immediately, some of which require a warrant be issued to make the arrest. That being said, the topic of discussion is going to be around Assault and Battery. Specifically, the circumstances that cause different outcomes when concluding an incident.

In the eyes of the law, Assault and Battery are actually two different things. However, they are related to one another and are commonly used in the same instance. An Assault is defined the act of committing a physical attack on someone, or the act of placing someone in a reasonable fear of a physical attack. Hence, an Assault can occur without someone touching another person. The burden of proof with just an Assault is to prove the subject had the capacity or was in positions where they could if so choose inflict harm on the complaining person(s). If someone is alleging just an Assault, a LEO would have to get a warrant for the arrest of the subject in question before making a custodial arrest. 

Now when it comes to Battery being added to the Assault that changes the situation because Battery is defined as the actual at of inflicting any kind of physical harm to another. Thus, the term Assault and Battery is suitable in cases where violence has taken place. Assault and Battery is an offense that requires a custodial arrest to be made if probable cause is obtained that implicates a subject of committing the offense. A warrant is not required when it comes to Assault and Battery because it is considered an offense that can be charged warrantless. In addition, in the eyes of the law the Assault and Battery charge would require an arrest be made in order to protect the complaining party from the subject that committed the act against them. 

Assaults, and Assaults and Battery incidents are common unfortunately and LEOs deal with them on the regular basis without much incident. It is a pretty simple criminal offense, but this should serve to explain it in a more simplistic manner compared the language used in the law itself. 

Assault v. Assault and Battery… 

JUVENILES CERTIFIED AS ADULTS...

The previous post involved a juvenile or a minor that was responsible for a major criminal action and would need to be certified through the court to allow any real punishment to be put into effect by the court. That being said, the topic of discussion today will be surrounding the process in which juveniles or minors are certified in the court as adults so that they may participate in a trial revolving around some of the worse crimes possible.

So normally when a juvenile commits a crime, the court has deemed that it can be handled outside of the court system, or the juvenile can be deferred to a program or community service. 

The point is that the juvenile is put into a situation where they can learn from their mistakes without them having lasting effects on their futures. That process is sufficient when dealing with minor criminal offenses, however when the incident is of felonies nature and violence is involved, the courts can send the juvenile to a juvenile detention facility for a period of time. 

While at the facility, the juvenile will be counselled, schooled, and watched for further bad behaviors. In addition, the juvenile will be required to take accountability for their actions through civil reprimand, community service, assignments, etc. Those are with serious crimes that usually have a victim, or a business that heavily impacted by the actions of the juvenile.

Understanding that, when it comes to major criminal actions (i.e. murder, homicide, etc.) taken by juveniles they are presented to the courts and by court order certified as adults so that they can stand trial in reference to the criminal action. When a juvenile is certified as an adult, they are in the eyes of the law no longer a minor, and as such if found guilty are subject to more severe punishments. 

Upon conviction of a major crimes, the juvenile is housed within a juvenile detention facility until the age of eighteen (18). Upon reaching legal age, the subject would then be transferred over to an adult facility to serve the remainder of their punishment.

A juvenile being certified as an adult is a big thing, so if it happens something truly terrible had to have happened as a result of the actions taken by the juvenile. That about sums it up when it comes to juveniles being certified as adults and charged with major crimes…

Juveniles Certified as Adults…   

WHAT IS EMBEZZLEMENT?...

Law Enforcement Officers have to know and understand a lot of laws, however they are not lawyers as you all know. Hence, we have access to a lot of resources that help us to understand the wording and precise intentions behind the laws in place. 

The topic of discussion today will be surrounding the topic of Embezzlement. Specifically, its definition, its intentions, and how it is charged when it comes to Law Enforcement. Obviously when it comes to the law specific wording can differ from state to state, however based off my experience with different agencies in different states it is pretty much the same across the board. That being said, if every in question…just review the law or ask a lawyer and they should be able to tell you anything pertaining to it.

Embezzlement is defined as the act of stealing or misappropriating funds or property that belongs to the offender’s employer. Right off the back it is clear that an offender suspected of committing Embezzlement has to be a current or former employee who legitimately at some point had legal access to the employer’s resources. This aspect is what defines Embezzlement and differs it from just standard Larceny. 

Although the Embezzlement can occur just once, it normally happens multiple times before the employer begins to realize what is happening. When it comes to Embezzlement the burden of truth surrounds the fact that the offender was an employee at the time of the offense, had legal access to the resource stolen,  and had actually stole the resource with the intent to defraud the employer.

Embezzlement is intended to protect the business’s assets against those that choose to steal them from the inside, it is specifically targeted at the employees, and can be charged to anyone employed by the business if evidence is found suggesting that the act has occurred.

Embezzlement is looked at and punished in court as a form of Larceny, hence the charge can be both a Misdemeanor and a Felony. The deciding factor is the amount stolen or defrauded from the business in question. 

If based off the amount the charge is a Misdemeanor in nature, the offender can face up to twelve (12) months in jail, fines from the court, and be forced to pay the business a specified amount determined by the court. If it Felonies in nature the offender can face up to a minimum of five (5) years in jail/prison, fines from the court, and again ordered to pay the business a specified amount determined by the court.

Embezzlement is unfortunately very common amongst the business community, people believe they have an opportunity to steal and as a result attempt to do just that. From my experience, these people normally admit to their actions once they are caught and approached concerning the acts themselves.

What is Embezzlement?...      

MURDER IN HAYMARKET, VA...

Criminals come in all shapes, sizes, and ages…I’ve seen child murderers and adult shoplifters. From my experience I have truly learned not to eliminate anyone until you have verified that they have nothing to with anything criminal. 

I say that because the discussion of the day is concerning a child who murdered his mother, sibling, and then attempted to murder his father when arrived home. I know majority of you all have been watching the news or at least seen the incident somewhere before, hence I will not be disclosing the subjects name, just his actions, and the potential punishment that will follow as a result.

The incident occurred in Haymarket, VA…however the offender was taken into custody down in N. Carolina. Apparently, the offender shot his mother, his younger brother, and then attempted to shoot his father upon arriving via car at the residences. The father survived after allegedly shooting back at the subject from a position of cover, the offender ran away from the scene, eventually stole a vehicle, and then left the state headed south. The subject was discovered attempting to shoplift at a Target and promptly taken into custody.

The subject has formally be charged with two (2) counts of murder, but that can definitely be changed at any time moving forward. The subject will be extradited back to VA where he/she will be promptly be brought before the court to be certified as an adult, and then he/she will go through the court proves as an adult looking at potentially life imprisonment.

From a Law enforcement perspective this is a very high profile incident, not only because of the offender in custody being a juvenile. But also because the two (2) bodies were his mother and brother. There are a lot of questions that will be asked and answered over the next few months concerning this incident. The main one being simply, “Why?” and what could have happened to cause the subject to act in that capacity towards his “loved ones.”

This is the type of incident that hits home for a lot of people because they themselves may have children and can’t even begin to understand how an incident like this could happen. Obviously, units involved are all going to do their best to get some sort of justice out of the legal system, but at the end of the day those people will remain dead no matter what happens. It’s crazy, simply crazy…

Murder in Haymarket, VA…

ONE OF THE WORST CALLS I'VE GOTTEN IN MY CAREER...

Law enforcement Officers often time deal with the worse of the worse type of people and go to the worse calls for service. On those days, at those type of calls, and with those type of people are when the career path really hits hard to the soul. I say that because today I want to discuss one of the worse calls for service that I went to, it involved a child, and an act that should have never happened.

Regular day working patrol, the day was busy, and I had a lot of reports to get done before I’d be allowed to go home. The call came out for exactly what it was, a fifteen year old that decided to end it all and commit suicide by gun. I hit the emergency equipment and drive fast with the hope that when I get there the child would be able to be saved. Unfortunately, that was not the case…

When I arrived at the scene I went to the house, up the stairs, and into the child’s bedroom. There on the fully made bed, fully dressed, and ready for the day laid the child with a bullet in his/her skull. The gun laid next to the right arm, blood smeared the comforters, and the wall behind the bed letting me know what happened. 

On the bedside table laid a note, the worst note addressed to his/her parents saying goodbye, and explaining that they had to get away from it all. The body is cold, the soul is long gone from it, and now the only thing to do is return the husk to the ground proper.

I process the scene, then start putting the pieces together regarding what happened…the child had been struggling with depression, bi-polar disorder, etc. and decided that he/she didn’t want to be a burden on anyone any more. There was another note found inside of the gun case that the child accessed for the firearm, this note explained that the child figured out that the firearm was present a few months ago, and decided to utilize it. An apology came with it, and a slew of I love you’s as well. 

The parents were devastated, they couldn’t even talk to me the first few hours that I was present at the scene, but eventually I got everything that I needed.

The incident was deemed as it was a suicide, the body was taken, the bedding was taken, an autopsy was done, and then the body was released to the parents/funeral home to be prepped for the funeral.

In the end, I wrote my report, said a prayer for the soul that left the Earth, and moved on to the next call for service. It gets easier as time goes on, but it is NEVER easy. 

We as LEOs have a job to do, we have to be strong when everyone else isn’t, then we have to pick up the pieces, and try to give people their lives back to the best of our ability. It is calls like these that remind me that not everyone can do this job, but those that do, are some of the strongest people on the Earth for it….

One of the Worst Calls I've Gotten in My Career...

STOLE A CAR TO BAIL OUT BROTHER...THAT STOLE A CAR...

So there are some criminals that are just plain stupid, that don’t understand that they will be caught committing the crime when they continue their actions. I didn’t have the luxury of dealing with the two offenders involved, I simply read about it, and had a good laugh afterwards. 

I wanted to discuss it here because of how ridiculous these two offenders are to believe there actions were a good ideas. For obvious reasons I will not be disclosing the offenders names, moving forward they shall be called Brother A or BA and Brother B or BB. That being said, let’s get into what happened…

Brother A was somewhere thinking and decided that he was going to steal a vehicle because he didn’t have a car. Brother A was able to successfully steal an SUV; he drove it for a little while, it was reported to Law enforcement that said SUV had been stolen via the owner, BA was discovered driving said stolen SUV, and then BA was taken into custody for stealing said SUV.

Brother A was granted bail, meaning he was able to be temporarily released from custody pending court proceedings as long as a specified amount of money was used as collateral. Logically, BA asked Brother B to come to the jail and bail him out.

Brother B agrees, gathers up some money, and heads to the jail to bail out Brother A. However, Brother B’s license to drive had been previously suspended by the state he resides in. Brother B decided that he was going to drive while his privileges were suspended and also that he was going to steal a vehicle to go pick Brother A up from the jail in. 

Brother B successfully steals a SUV ironically and drives it to the jail with the intentions on bailing out Brother A. Prior to BB’s arrival at the jail, the vehicle was reported to Law enforcement as stolen via the owner and a lookout for the vehicle was put out to all units. Law enforcement spotted the vehicle, conducted a traffic stop, and Brother B was taken into custody soon after that for Driving under suspension and stealing the SUV.

Brother A and B were able to communicate with one another while they both were being held at the jail pending court proceedings. Obviously, the irony here is that Brother A and B are in jail for the exact same thing. However, the funny part is that BB stole a vehicle to go bail out BA who was being held for…stealing a vehicle! Getting caught must run in the family…

Stole a Car to Bail Out Brother…that Stole a Car

DIFFERENT TYPES OF ARREST...

It has come to my attention that not everyone understand what constitutes as an arrest versus being detained while an investigation is being conducted by Law enforcement. That being said, the topic of discussion today will be centered on exactly that, the different types of arrest and how they apply to the person(s) involved. 

There are mainly three types of arrest when it comes to Law enforcement; Summoning, Citing, and Taking into Custody. That being said, no matter what type of arrest a person(s) is subject to, that person should always comply without question with Law enforcement during the incident. 

If any wrong doing is believed to have occurred take it up with either that Officer’s supervisor or the Courts after the incident has concluded. Non-compliance can/will escalate the situation and can result in the person(s) being automatically taken into custody.

The first type of arrest will be Releasing the Offender on a Summons, this is an option that was granted to Law Enforcement Officers by the Courts for lesser type of offenses (i.e. Shoplifting, Petit Larceny, Trespassing, etc.).

Upon the finding of evidence that an offender has committed a lesser crime and said offender is located he/she can be arrested for the crime committed. However, instead of taking them to jail they can be released on a Summons and instructed to be in court on a specified date and time in reference to the incident. 

Now if the offender is believed to be a flight risk or not to obey the Summons if issued they can be taken into custody instead. However, if they appear to be in compliance and doesn’t have a history of not showing up to court they can be released on a Summons. Note, they still are charged with a crime and it will appear on their criminal record as if they were arrested, they just wasn’t taken to jail.

The next type of arrest is being Cited or given a ticket in reference to an offense, not all violations of the law have jail time associated with it. Some violations are just fines, for example; traffic citations or parking tickets. The officer that cites someone presents them with a type of Summons that can be either paid or challenged in court. 

The citation will have a court date on it and instructions on how to go about paying it. These types of arrest normally don’t show up on a criminal record because it is just a fine and considered as much in the eyes of the law.

The final type of arrest is being taken onto custody, this is the traditional action associated with when people think of someone being arrested. The offender is taken into the custody of the LEO and taken to jail in reference to committing a crime. 

Before taking someone into custody, evidence or at least probable cause has to be established to believe that the subject in custody is the offender of the offense being investigated. These type of arrest only show up on a criminal record if the offender is formally charged with committing a crime. If it is found that there isn’t enough probable cause or evidence the subject will be released and the arrest will not show up. 

All major offenses and a few minor offenses require offenders be taken in custody, all Felonies and some Misdemeanors to be specific.

Those are the three types of arrest, every action taken by Law enforcement can be linked to one of these three types of arrest. Not all are major, but all technically count as being arrested in the eyes of the law.

Different Types of Arrest…

THE SUMMONS SERVICE...

There are varies types of services to be completed that any Law Enforcement Officer will face multiple times throughout their careers working in the field, we have discussed a few already and will be covering another one during this discussion. So far I have explored the Extradition and Warrant Service processes when it comes to Law enforcement. Therefore, this discussion will be centered on processing a Summons Service from within a jurisdiction and at the request of an outside agency.

A Summons is a legal document issued by the Court commanding a person to appear in a specific court at a specific time and on a specific date. LEOs deal with these quite often, specifically Deputy Sheriffs because they have the authority to serve said Summons or Subpoenas issued on the behalf of the court.

A Summons service differs from a Warrant service because upon located the person said Summons was issued on they don’t go to jail, they are just commanded to be present in accordance with the Summons issued. If a Summons is issued within the jurisdiction of the local Law enforcement agency, it can be services without issues, if the person resides outside of the jurisdiction of said local Law enforcement agency it cannot be served by that agency. 

When this is the case, there is a simple solution; the Summons and all the documentation attached to it are sent from the local Law enforcement agency to the agency that is authorize to serve said Summons within the jurisdiction where the subject that needs to be served resides.

Upon service, the Summons is then returned to the court, the court documents that the person was served and are required to be present in court in accordance with the Summons issued. 

When the Summons service was completed by an additional agency, that agency faxes copies of the Summons to the local Law enforcement agency where the Summons originated from, then mail the originals as well so that they can be returned to the court that issued the Summons.

It seems like it is a lot, but in practice it is a smooth process that all LEOs operating in the field have knowledge and experience with. Summons services are common in Law enforcement, they normally aren’t high risk activities, but they do require the same level of Officer Safety considerations as any other all call for service. That’s about it when it comes to Summons Services…

The Summons Service…