Drunk driving is charged as a crime; not a traffic violation. From our experience, first offenders finding themselves in this position rarely fit the mold of someone that you would expect to get into trouble with the law. On the contrary, most clients that we see charged under Michigan’s drunk driving laws are victims of unexpected circumstances that they never anticipated. In many cases, they lack a recent experience or episode with alcohol consumption and underestimates its effects. Some of the questions that will be covered in this article are: Will I lose my license if I am convicted of a drunk driving? Continue Reading
Macomb County Drunk Driving Update
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Loughnan on Veterans as Defendants
Arlie Loughnan (University of Sydney - Faculty of Law) has posted 'Society Owes Them Much': Veteran Defendants and Criminal Responsibility in Australia in the Twentieth Century (Critical Analysis of Law, Vol. 2, No. 1, pp. 106-134, 2015) on SSRN. Here...
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Building A Legal Practice Designed To Last (Part II)
Building a Legal Practice Designed to Last (Part II): Operating in a World of Immediate Response We live in a world where immediate response is no longer going above and beyond but rather the base expectation from a business. In this world of immediate response you need to be able to answer the following questions: How quickly can I handle a case or matter? If this is a lengthy process am I adequately setting expectations with my client? How quickly can I respond to client calls? How can I prevent repeating information? How quickly can my office set up a consultation? Immediate Response World v. Delayed Response Profession Our court systems are not generally designed for immediate response, but rather for carefully thought out rulings that come after lengthy consideration. As a result, you may be thinking, “how could I possibly design a practice to immediately…
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What could it mean politically and practically if — or should I say when — sentencing reform really becomes a "Latino Issue"?
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Yahoo Addresses Hack of 500 Million User Accounts
Here's Yahoo's statement on the hack of 500 million user accounts by what it suspects is "a state sponsored actor." What they got: users' names, emails, phone numbers, and dates of birth. What they didn't get: bank account and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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11 Tips First Court Appearance
11 Tips For Your First Court Appearance Your court date is set. Now what? The courtroom is an intimidating place, especially if it’s your first appearance. There are questions you’re probably asking, like “what should I wear” and “what do I say?”. The whole situation is daunting. To help your day in court go smoothly, here are 11 tips for your first court appearance to get you through the proceedings without a hitch. 1) Hire an Attorney Lawyers spend more time in court than you do. They know the rules, and they know what to say. It’s always the best option to have someone who knows the inner workings of the courtroom to represent you in your first court appearance, so…
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Maryland Ignition Interlock Program
Maryland Ignition Interlock Program What is ignition interlock? The Maryland ignition interlock program is designed to deter drivers from operating a motor vehicle while they are impaired or under the influence of alcohol. An ignition interlock is a device that connects to a vehicle ignition system. The device is designed to measure a drivers breath alcohol content (BAC). The device uses a breathalyzer to measure the BAC. If the breathalyzer detects alcohol in a driver’s breath, the machine prevents the vehicle from starting or continuing to operate. The breath analyzer tests drivers before the car is started and conducts random tests as the vehicle is operated, also knows as “rolling tests”. These tests are to ensure that the driver has not consumed any alcohol when the vehicle is started and the same driver is operating the vehicle. Individuals may be required to participate in the ignition interlock program if they are directed by a District Court Judge, a…
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ISIS Builds Tunnels and Trenches Around Mosul
ISIS is getting ready for the attack on Mosul: It plans on creating a "river of fire" along the city's perimeter. The group has been working hard this month to dig a two-metre by two-metre trench along the city's perimeter and position... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Quartz: Opinion: How America’s obsession with TV cop shows like “Law and Order SVU” enables police brutality in real life
Quartz: Opinion: How America’s obsession with TV cop shows like “Law and Order SVU” enables police brutality in real life by Noah Berlatsky: The narrative incentives here are clear—if you’re creating mass pulp entertainment, you want drama….But this need for … Continue reading →
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Stop and Frisk
The controversy over the practice of "stop and frisk" has entered the presidential campaign. Let's begin with a trivia question. Who wrote the Supreme Court decision upholding "stop and frisk" upon reasonable suspicion?(a) William Rehnquist(b) Antonin Scalia(c) Roger Taney(d) Earl Warren The answer is (d).Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in…
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Thursday Open Thread: Republican Disconnect
Thumper's running mate, Michael Pence, today said: “Trump and I believe there’s been far too much talk about institutional bias and racism within law enforcement.” Trump thinks bringing back stop-and-frisk is a solution... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Marijuana Grower Files Lawsuit Against Maryland
Even before the medical marijuana commission began the selection process for awarding grower and distributor licenses it was hypothesized that some losing applicants would sue over the unfair process. According to newly drafted regulations, hundreds of qualified applicants ready and able to provide patients with medical cannabis would never get their chance. By drastically limiting the number of licenses, the commission thought it would put the state in a better position to regulate the program, but all it really did was ensure that numerous highly qualified candidates would be shutout. And with tens of millions of dollars at stake it was extremely likely that some of these qualified applicants would not just accept losing, but rather take their fight to the courts. Well, this week the hypothesis rang true as a losing company that planned to grow legal pot in Washington County filed a lawsuit against the Medical Marijuana Commission and the Department of Health and Mental…
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Latest polling suggests California voters could benefit from more information about state's competing death penalty initiatives
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New Jersey Appeals Court Orders Resentencing in DWI, Vehicular Homicide Case
New Jersey law imposes mandatory minimum sentences for certain offenses. A conviction for driving while intoxicated (DWI) in New Jersey can result in a mandatory minimum sentence if a defendant has multiple prior convictions. Mandatory minimum sentences may also apply to criminal offenses related to DWI. The New Jersey Superior Court, Appellate Division recently ruled that a trial court violated state law by pronouncing a sentence that was less than the mandatory minimum. In addition to DWI, the defendant in State v. Locane was convicted of the criminal offenses of second-degree vehicular homicide and third-degree assault by auto. The two criminal offenses carry mandatory minimum sentences. New Jersey’s DWI statute states that a third or subsequent DWI offense shall result in a 180-day jail sentence, but it allows a judge to lower that sentence by one day for each day a defendant spends in a drug or alcohol treatment program, up to a total of 90 days. Although judges…
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“Moose,” Defamation and the Statute of Limitations
This post examines a recent opinion from the Superior Courtof New Jersey – Appellate Division: Roberts v. Mintz, 2016 WL 3981128 (2016) (per curiam). The court begins the opinion by explaining that[p]laintiffs Donna Roberts and Dawn Abrams appeal from the summary judgment dismissal of their defamation complaint, the award of sanctions against them and their attorney, and the denial of their cross-motion for summary judgment and injunctive relief. Defendant Clifford S. Mintz cross-appeals from the sanctions award.Roberts v. Mintz, supra.The Superior Court went on to explain how, and why, the litigation arose:We discern the following facts from the record, viewed in the light most favorable to plaintiffs as the non-movants. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (Supreme Court of New Jersey 1995). In August 2008, defendant bought what he believed was a purebred Havanese dog from plaintiffs. One of the plaintiffs had…
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Couple Charged with Rape, Sodomy, Other Sex Crimes after Utah Sundance Film Festival
On September 21 a New York couple was extradited to Utah to face felony criminal charges including object rape, forcible sodomy, and other sex crimes arising from an alleged incident that prosecutors say occurred during the Sundance Film Festival in Park City in January. The couple was not arrested at Sundance as no charges were filed until this September, more than half a year after the festival and alleged crime occurred. Pair Charged with Felony Sex Crimes Following Sundance Film Fest in Park City, UT The Sundance Film Festival is a major event that attracts tens of thousands of visitors to Utah every year. While most festival-goers leave with fond memories, attendees are occasionally arrested and charged with crimes such as drug possession, public intoxication, and disorderly conduct. Earlier this September, a New York couple was charged with several sex offenses stemming from a crime that allegedly took place at Sundance 2016. Both Michael Taylor, 45,…
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Eager to hear sharp suggestions for sharp Prez debate questions on criminal justice issues
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Leo on Wrongful Convictions
Richard A. Leo (University of San Francisco - School of Law) has posted The Criminology of Wrongful Conviction: A Decade Later (Journal of Contemporary Criminal Justice, 2017, (Forthcoming)) on SSRN. Here is the abstract: This article reflects on the author’s...
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Are all opponents of marijuana reform ultimately suspicious and critical of capitalism and free markets?
The question in the title of this post came to my mind as I started heading this morning the great book I first flagged here at my sentencing blog: Harvard historian Lisa McGirr's The War on Alcohol: Prohibition and the Rise of the American State. The start of the book...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/KrfN03XbJgw" height="1" width="1" alt=""/>
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NYC Domestic Assault and Harassment Dismissed on the Merits: Allegations and Arrest Exposed Based in Lie
I am not a free lawyer, but that does not mean I do not handle pro bono work or represent individuals who do not have the means to retain an experienced New York criminal lawyer. Simply, everyone needs and should be entitled to quality representation by an attorney especially in the context of a life altering arrest. After meeting with a woman who was unquestionably the victim of domestic violence in both criminal and “merely” mentally abusive form, Crotty Saland PC took her case in New York City Criminal Court. Despite the public lawyer assigned to her case advising that she had a difficult path ahead, our client maintained her innocence in the face of charges including Third Degree Assault (NY PL 120.00) and Second Degree Aggravated Harassment (NY PL 240.30). While it was unlikely she would see any jail time even though the law allows up to one year in prison, any finding of wrongdoing or assertion that she assaulted and harassed her partner was unacceptable.…
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