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Civil Rights Restoration: Part One of Five

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Consequences Of A Felony Conviction In Florida What Civil Rights Are Lost When Someone Is Convicted Of A Felony In Florida? When you are convicted of a felony in the state of Florida, you lose the right to vote, the right to legally possess a firearm, the right to hold office, and the right to sit on a jury. Continue reading The post Civil Rights Restoration: Part One of Five appeared first on Tampa Bay Criminal Defense Lawyer Blog.

I’ve got a warrant, what are my options?

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If you are reading this then first let me say I’m sorry you have a warrant. I know that sucks. Let’s talk about what we can do if you have a warrant. If you don’t want to read this while thing the short answer is- just call me and we’ll figure it out. First I need to figure out what the warrant is for, and if a bond amount is set. Some warrants come with pre-set bond amounts, some don’t. Example 1- You miss a court date on your marijuana possession case. The judge revokes your earlier bond and sets a new bond amount of $5,000. Continue reading

3 Things to Do If There Is a Warrant for Your Arrest

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An arrest warrant is a legal order signed by a judge authorizing law enforcement to arrest a person suspected of a criminal offense. If you are a Collin County, Texas, resident facing an arrest warrant, you should not panic or…Read more ›

Minnesota Click It Or Ticket Runs Now Through October 30

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If you’re going to be on the road during these last two weeks of October, you’re going to want to make sure everyone in your vehicle is buckled up before you hit the road, because Minnesota is in the midst of a statewide seat belt crackdown. The crackdown is part of the national Click It Or Ticket campaign, which officially began on October 14 and runs through October 30. More than 300 departments throughout the state will take part in the crackdown, which involves adding extra enforcement on the roads to spot drivers who aren’t wearing their seat belt. Donna Berger, Director of Traffic Safety for the Minnesota Department of Public Safety, said that the goal of the crackdown is to get people to buckle up and to understand the risks they are taking when they remain unbelted. “Almost 40 percent of the people that die on Minnesota roads are not buckled in their seat belt, and that’s why this is so important,” said Berger. “If we could get…

Inaccurate Drug Testing Results In OVID Reduction

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If you are ever charged with a crime in Ohio, it is imperative to find a knowledgeable defense attorney to protect your rights and advocate for the best possible result. This advice recently aided a young man after a car accident resulted in significant legal trouble. When police responded to the crash, they found the [...]The post Inaccurate Drug Testing Results In OVID Reduction appeared first on Columbus Criminal Attorney.

Sheltering the Public From Intellectual Property

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Sam Halabi, International Intellectual Property Shelters, 90 Tul. L. Rev. 903 (2016). Shubha Ghosh Often formulating a legal policy response to a problem starts with finding the correct vocabulary. While complex economics, political, and sociological crises do not get managed with magic words, failure to give a name to a problem makes solutions elusive. In the case of international intellectual property, the problem of overly expansive intellectual property rights, sometimes adopted by nation states under trade and finance pressures, is seen solely as a solution to the ubiquity of piracy and theft of economic value. Values of access and commons management offer some countermeasures to broad property rights. But these responses sometimes feel piecemeal and less than systematic. Enter Professor Sam Halabi, a scholar and teacher of international health law at University of Tulsa Law School, shifting to University of Missouri, Columbia Law School in January…

Finding Hidden Income in Divorce Cases

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Do you think your spouse may be attempting to hide income or assets in your divorce? One spouse commonly has control over the money in the marriage, either by virtue of being the major breadwinner, or by controlling spending, or both. The spouse in the lesser financial position should take immediate proactive steps to protect herself or himself in the divorce. ex-spouse will have with them. By being aware of some of the most common schemes used to hide income and assets, you may be more likely to see the signs. Some of the more common schemes used to hide money in divorces include: Stashing cash – It is not uncommon for an estranged spouse to start stashing money around the house, in a safe deposit box, or with trusted friends or relatives. By not keeping the funds in a bank or brokerage account, the spouse is hoping you won’t know of the money’s existence. Pay close attention to transactions that involve cash vaporizing into thin air: large ATM withdrawals,…

Tips for Reducing Crashes Involving Teen Drivers

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Last week, I was driving with my 14-year-old son and his 15-year-old friend in the car.  My son criticized me for not turning left out of parking lot when, according to he-who-has-never-driven, I had “plenty of time” to do so.  His friend, who recently got his learner’s permit, piped up and said, “Driving is not as easy as it looks.” You can say that again, friend. This is National Teen Driver Safety Week, and it is a good time to consider how to keep teenagers safe when they or their inexperienced friends are behind the wheel. Nationally, fatalities involving drivers between ages 15 and 20 increased by 9.7 percent in 2015—a rate that exceeded the 7.2 increase for all vehicle crash fatalities that year. Deaths among this group of young drivers did not increase so dramatically in North Carolina. In 2015, 165 drivers ages 15 to 20 were killed in vehicle crashes in North Carolina, compared to 162 the previous year—an increase of…

Fear of Flying

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Sonnet Stanfill is a curator in textiles and fashion at the Victoria and Albert Museum in London. It’s an important position, but it’s not the director of the museum, which gives rise to her gripe: In 2015, the world’s top 12 art museums as based on attendance — what I call the “directors’ dozen” — were all led by men. When Frances Morris became the director of the Tate Modern in April, she became the first woman to join the club. This gender gap extends from Europe to North America, where only five of the 33 directors of the most prominent museums (those with operating budgets of more than $20 million) are women, including Kaywin Feldman of the Minneapolis Institute of Art and Nathalie Bondil of the Montreal Museum of Fine Arts. It’s the leaders of those big-budget institutions who set the tone for all. Simple statistics have become proof of gender discrimination, which makes perfect sense if one assumes that, ceteris…

Human Trafficking: How Texas Fights Back

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Putting A Stop To Human Trafficking in Texas Texas is taking big steps to crack down on human trafficking across the state. A large number of people are trafficked through Texas and law enforcement works constantly to fight this trend. Texas laws on trafficking are extremely harsh. A single violation of this type can lead to years in prison and the possibility of federal prosecution. The state government joins with law enforcement to locate, apprehend and prosecute traffickers to the fullest extent of the law. DO YOU KNOW SOMEONE FIGHTING CHARGES OF HUMAN TRAFFICKING IN TEXAS? CONTACT ATTORNEY BRETT PODOLSKY FOR THE LEGAL HELP AND REPRESENTATION YOU NEED. Defining the Crime Trafficking is the act of transporting human beings from one place to another, usually in secret, for the purposes of payment or illegal activities. The victims of the crime may or may not give consent to the act but this does not change the illegality of the offense. In Texas, many people are trafficked to…

Unmasking Confidential Informants: Exceptions to the Informer Privilege

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Confidential Informants Often fodder for Hollywood blockbusters such as Black Mass, Reservoir Dogs, and The Departed, the secrecy surrounding the identity of confidential informants has always captivated the public.  Though the film world has undoubtedly glamorized the life of a confidential informant by adding a dramatic flair to their undercover lives, the plotlines focused on protecting the identity of confidential informants is rooted in reality. Preserving this protection of anonymity is important to cultivating the relationship between informants and law enforcement but is secondary to the need to provide accused citizens with fair trials. The 2014 overhaul of the discovery processes in criminal cases in Texas broadened the information that must be made available to a defendant. This article follows the development and evolution of the Informer Privilege. In Texas, two laws guide the privilege protecting a confidential informer’s identity – Texas Rule of…

Sotomayor’s Baseball Bat

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When President Obama nominated then-Second Circuit judge, Sonia Sotomayor, to the Supreme Court of the United States, some of us were more than a little dubious about the selection. She wasn’t exactly an empathetic Latina on the bench in Foley Square. We were wrong about her, to a large extent, and while she isn’t exactly the godsend to the constitutional rights of criminal defendants we had hoped, she’s the best we have at One First. But she’s no Nino Scalia. While celebrating civility in public discourse on Monday night, Supreme Court Justice Sonia Sotomayor joked she had thought about hitting her deceased colleague Antonin Scalia with a baseball bat due to their differences in opinion. The 62-year-old Obama appointee told a group of University of Minnesota she wasn’t always quick to tolerate her coworker’s conservative views. “There are things he’s said on the bench where if I had a baseball bat, I might have used it,”…

Waltman on Pornography and Violence

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Max Waltman has posted Pornography and Men's Violence Against Women, Part 2 (Pornography and Prostitution: A Report on Exploitation and Demand, edited by Unizon, pp. 31-108. Translated from Swedish by Marion Söderström, reviewed and revised by Max Waltman, with a...

MO: Consent to enter house to check voices heard by a crazy man wasn’t unreasonable

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Defendant had auditory hallucinations and believed that voices, including that of his cat, were telling him to stab himself in the heart. He called 911 and police arrived. He talked with him on the porch and he explained the voices. … Continue reading →

On Zombie Animation and Interepreting Splits Among Texas Court of Criminal Appeals Judges

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As a long time Texas Court of Criminal Appeals watcher, Grits finds it pays to pay attention when usual factions split. Regardless of the relative importance of the case, these divisions perhaps can hone our understanding of individual members' priorities, which sometimes can be masked by their alliances when the court votes in factions.For example, one almost never sees Judges Barbara Hervey and Michael Keasler split with Presiding Judge Sharon Keller in court opinions. But the case State v. Copeland found the two of them siding against Keller and Judge Kevin Yeary to support a trial judge's suppression of prescription pain pills found in Ms. Copeland's makeup bag at a traffic stop. In fact, Hervey authored the majority opinion, while Keller authored the dissent.In essence, the trial judge suppressed the results of the search and the state has now appealed three different times, being denied each time. The last go-round, Keller's faction succeeded in…

Terrific Marshall Project review of notable (but lower-profile) criminal justice initiatives going to voters in various states

Latest polling in Massachusetts shows notable uptick in support for full marijuana legalization ballot initiative

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In part because all prominent political leaders throughout Massachusetts, both Democrats and Republicans, have come out strongly opposed to the state's marijuana reform initiative, I had come to expect that the state's ballot initiative would end up going down to defeat this fall. But this new article, headlined "WBUR Poll:...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/AoFzdn5tFPU" height="1" width="1" alt=""/>

MO: RS of driving on a suspended DL requires real facts, not hearsay

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When a police officer stops you and asks for your DL, any reasonable person would not think he’s free to leave. The officer’s claim that he knew two weeks earlier that defendant’s DL had been suspended had to be supported … Continue reading →

USEPA Increases Civil Penalties

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On July 1, 2016, the USEPA published its interim final rule that adjusts the statutory civil monetary penalty amounts.  See 81 Fed. Reg. 43091.  The rule was developed after passage of the Federal Civil Penalties Inflation Adjustment Act.  That legislation establishes the formula for inflation adjustments.  The rule translates the original statutory civil penalty amounts to today’s dollars (with rounding to the nearest dollar).  While the USEPA has no discretion to vary the amount of the adjustments, the decision to impose penalties is still discretionary under the USEPA various civil penalty policies.  The penalty policies have a matrix that considers such things as the seriousness of the violation, good faith efforts to comply, economic benefit and ability to pay. The rule implementing the adjustments to the civil penalties became effective on August 1, 2016. More later. As always, feel free to contact me at walter.james@jamespllc.com…

PA: Exemptions in State’s Right to Know Law are coextensive with state search and seizure provision

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Exemptions under Pennsylvania’s Right to Know Law are at least coextensive with the state’s right to privacy under the constitutional search and seizure provision. Thus, public school teachers’ home addresses should, on balance, remain private and nondisclosable. Pa. State Educ. … Continue reading →
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