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Not Every Connecticut Evading Responsibility Case Ends in Arrest

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Many of the top Greenwich, Wilton and Norwalk Connecticut criminal lawyers and attorneys understand that not every evading responsibility / hit and run necessarily escalates to an arrest. If you accidentally bumped or made contact with another car, or caused property damage, and then left the scene of the accident, then it’s possible you can avoid getting arrested in Connecticut for Evading Responsibility under CGS 14-224. You just need a little finesse, need to be pro-active, and need the help of any of the best Connecticut Evading Responsibility criminal lawyers… Continue reading

Fishing For Pleas

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There is a good point to be found in former public defender, Gabriel Urza’s, op-ed. Unfortunately, it’s not the point he (I think, but can’t really be sure) tries to make. When I landed a job as a public defender in my hometown, Reno, Nev., fresh out of law school in 2004, I had no practical experience with the criminal justice system. I hadn’t volunteered with a legal aid organization, hadn’t even been on the mock trial team in school. I had never sat at a counsel table. So when Sean, an attorney in the office who had been a public defender for a decade, took it upon himself to show me the ropes, I was all too eager to listen. He showed me how to get into the jail to visit my clients, when to fill out a D.U.I. waiver or file a motion to dismiss, how to prepare for evidentiary hearings and how to deal with belligerent clients and prosecutors. Perhaps most important, he taught me how to fly fish. Fly fishing as metaphor is a valuable lesson for…

DENIAL OF SERVICE

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We're back. Much like the recent denial of service attack that crippled the internet on Friday, we suffered a DOS attack in the wilds of Austin, Texas this past week that left us dark and silent. But not for long. Here's what we missed: In no order of importance:A new county court judge (check out El Capitan's coverage);The Florida Supreme Court struck down the death penalty in Florida, following in the footsteps of the U.S. Supreme Court earlier this year. The FLA CT struck the dp down on different grounds: They were shocked, shocked! to learn that Florida can (and has) execute defendants on less than a unanimous jury recommendation. But this being Florida and Halloween season, the dp may be dead, but your local prosecutors (Motto: "Kill em all and let the good lord sort em out")   have vowed -much like Dr. Frankenstein- to sew together the monster and resurrect the dp from the dead. Good luck with that.  It appears to us…

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 601 Student Surveillance, Racial Inequalities, and Implicit Racial Bias Jason P. Nance University of Florida Levin College of Law Date posted to database: 29 Aug 2016 2 236 What...

BGer 2C_916/2014 und 2C_917/2014: Geldbussen mit Strafcharakter sind steuerlich nicht abzugsfähig für juristische Personen

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Das Bundesgericht hat in seinen Entscheiden von Ende September 2016 (Urteile 2C_916/2014 und 2C_917/2014) die steuerliche Abzugsfähigkeit von Bussen und anderen finanziellen Sanktionen mit Strafcharakter für juristische Personen verneint. Solche Bussen qualifizieren gemäss den Richtern in Lausanne nicht als geschäftsmässig begründeter Aufwand. Die Abschöpfung unberechtigt erzielter Gewinne durch Sanktionen ohne Strafcharakter ist hingegen steuerlich relevant. Solche Sanktionen dienen gemäss Bundesgericht lediglich dazu, den korrekten Zustand wiederherzustellen. Der letztinstanzliche Entscheid stützt damit die Position des Steueramts Zürich und stellt sich gegen den Entscheid des Verwaltungsgerichts Zürich. Der Fall wurde zur erneuten Prüfung zurückgewiesen. Hintergrund bildet der Fall eines Zürcher Treuhandunternehmens, welches im Jahr 2009 von der Europäischen Wettbewerbskommission aufgrund von…

Los profesionales, la palabra "vip" y los criticos como franco tiradores

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He participado en un debate sobre la calidad de los profesionales que tenemos gracias a un buen artículo (al que nos tiene acostumbrados) de la señora Flor Arcaya Vernal y como quiera que, un connotado personaje de izquierda motejo de la peor manera a todos los concernidos en el tema propuesto por la señora Flor, deseo compartir el diálogo, he suprimido la intervención de otras personas para no complicar el tema, hasta el momento de publicar el debare en este blog, nadie había respondido a la pregunta que formulé: “eliminar la palabra “vip” en nuestras relaciones sociales. He aquí el debate: Flor Arcaya Vernal 2 h ·  Asi piensan algunos "profesionales": Doctores: "Los pacientes no tienen por que leer los resultados de sus analisis y pruebas. No los comprenden" Abogados: "Nuestra ley es tan complicada que solo nosotros los iniciados en ella podemos…

Illinois Supreme Court upholds law requiring sex offenders to disclose internet identity information

Virginia’s exasperating drunk/intoxicated in public law and enforcement practice

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Early on in my Virginia criminal defense career, I saw two sheriff’s deputies overseeing an intoxicated in public suspect blow into a preliminary breath test machine, calling out “blow, blow, blow.” One of the deputies looked at the PBT result, handcuffed the suspect, and led him away. This man had been handcuffed and arrested for intoxicated in public, also called by police and prosecutors “drunk in public” or its acronym “DIP”. The Virginia intoxicated in public cases that I have reviewed have never been investigated nearly as thoroughly by police as DWI cases, for instance omitting field sobriety tests. Even though an intoxicated in public conviction is a non-jailable Class 4 misdemeanor carrying no jail risk but a fine up to $250, police repeatedly arrest –rather than charge on summons — and bring public intoxication arrestees before the magistrate. After the magistrate finds probable cause to believe the…

11th Woman Accuses Trump: Solicitation Allegation

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Gloria Allred strkes again. She's now representing an adult film star who claims Trump offered her $10,000 in 2006 to come to his hotel suite in Tahoe -- she had already been in the suite that evening with some other women when she alleges he... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

U.S. Sailor Killed During Battle to Retake Mosul

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I wrote this yesterday and forgot to press the "publish" button. The U.S. Navy announced a Navy chief petty officer serving as an advisor in Northern Iraq has been killed: A Sailor assigned to Explosive Ordnance Disposal Mobile Unit (EODMU) 3... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Fatality Crash in Canyon County

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 10/23/2016 12:00 a.m. Please direct questions to the District Office On Saturday, October 22, 2016 at approximately 1:30 p.m., Idaho State Police investigated a single vehicle fatality crash on Notus road near Red Top road, in Canyon County. Martha Booth, 65, of Parma was driving northbound on Notus road in a 1998 Dodge pickup. Booth drove the vehicle off the left shoulder, came back onto the roadway, where she overcorrected, and the vehicle rolled. A minor child was ejected and succumbed to their injuries on scene. Booth was transported by air ambulance to St. Alphonsus in Boise. Neither occupant was wearing a seatbelt. Next of kin has been notified. The road was blocked…

Crash in Declo sends four to hospital

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/23/16 12:34 a.m Please direct questions to the District Office On Saturday October 22nd 2016, at approximately 8:43 p.m. the Idaho State Police investigated a three-vehicle injury crash on State Highway 77 at the intersection of State Highway 81 in Declo. Kevin Stocking, 43 of Carey, ID was southbound on State Highway 77 in a 2003 Honda Pilot. Sofia Lopez-Guadarrama, 43 of Declo, was eastbound on State Highway 81 in a 2003 GMC Yukon. Stocking pulled into the intersection in front of the Yukon and was struck on the passenger side. Stocking's vehicle then rolled and landed on a 2011 Toyota Yaris driven by Kenneth Weeks, 57 of Burley, which was northbound on…

W.D.Mo.: Affidavit for SW did not mention CP but SW did; seizure of CP suppressed

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Defendant was a suspect in identity theft and failure to register as a sex offender. The search warrant affidavit supported those offenses, but it also included child pornography yet no facts supporting a search for child pornography. Once in the … Continue reading →

TX10: State showed exigency for warrantless blood draw by necessary delay

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The state showed exigency for a warrantless blood draw. Defendant was in a crash, and the trooper (the only one in the county) arrived an hour after the wreck, and defendant was already at the hospital. After investigating the scene, … Continue reading →

The Surreal Unpleasantness of Going Viral

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It was an obvious quip in response to New York Times assistant general counsel, David McCraw’s letter to Donald Trump’s lawyers. McCraw’s letter was fine, but kinda dull. It was a yeoman’s response to yeoman’s demand. Given the circumstances, he could have had a bit more fun with the letter, though most readers are so pedestrian, pompous and official that anything reflecting even an iota of wit would be off-putting. No sense of humor. What is it with people gushing over boring, official-sounding lawyer letters? Why do people adore stuffy? So, I jumped in with a reminder about my favorite lawyer letter ever on the twitters. For most of us, there was nothing new in the letter at all. We’ve all seen it, loved it, laughed at it. But as they say with summer re-runs, if you didn’t see it the first time, it’s new to you. Never forget the greatest lawyer letter ever. pic.twitter.com/1VB2VlTj8Y — Scott Greenfield (@ScottGreenfield)…

The Dead, The Living And The Dots

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If you’re of the view that homosexuality is a sin, then you’re in the wrong place. If a person is sexually attracted to someone of the same gender, who difference does that make to you, unless you’re such a true believer in zombie novels* that you can’t get over it, or you harbor latent concerns about your own desires. Great Britain has decided to pardon the dead. Britain’s decision to posthumously pardon the tens of thousands of gay men convicted of seeking or having sex is just and long overdue. Overdue is an understatement. They’re dead. Lot of good it does now. For British men who were stigmatized, imprisoned and beaten for their sexual orientation, clearing their records posthumously is a critical recognition of historical wrongs. This reflects the current obsession with “historical wrongs,” as there is no other explanation for how anyone could apply the word “critical” to something that is mere symbolism. And,…

What Needed To Be Done

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I have received numerous texts, e-mails, and calls about what should the prosecution have done.It's easy: You stand up in court and say "Your Honor, way we approach the bench."You approach.And then you say: "Your Honor, something has been brought to the State's attention.  We believe that you may want to meet with a witness in chambers."The Court would agree.You do not stand up and make claims of fact, when you do not know the facts.The Court would have heard the witnesses, and then I would have turned over to the judge "definitive proof" of what really occurred."Definitive proof."And the Court would have said: "Nothing here.  Let's move back to the courtroom, so State call your first witness."And the matter would have been forgotten.But in this case, statements were made in the Court that had no truth to them, and were said as fact and allegations against opposing counsel in a public courtroom which…

TINKERS TO EVERS TO CHANCE

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In this digital age where everything is timed and measured and recorded,  one sport is not.Baseball is not the quintessential American sport. Americans have been obsessed with time. Making the trains run on time. Opening and closing Wall Street stock trading on time. Punching a clock. The Atomic clock. We are a society of time.Baseball is the only team sport not measured in time. And since cosmologically speaking Time does not exist (only SpaceTime does) Baseball is the only cosmologically pure sport.But baseball has its own limitations, and for seventy years Chicago Cubs fans have continually bemoaned the passage of "time without a world series appearance" or TWAWSA.But no more. The Chicago Cubs, beloved losers of millions of fans who ended every fall with the cry of "Wait until next year" have to wait no more.The Cubs are in the World Series.Say it again. The Cubs are in the world series.A baby in the North Side of Chicago, born after world war two,…

The Timeline Alone

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The timeline alone in this matter, which was set by Judge Sanchez, will be proof positive.And it will be attested to by bailiffs, court interpreters, and court security.  And video.  And trial audio.  And finally one piece of proof that will place the icing on the cake."An investigation must be reasonable from its inception, and at any time that reasonableness is no longer present, it must be concluded.  Law enforcement's presence in the lives of private citizens must come to an end when the reasonableness of such presence has been shown not to exist."In other words, interview the right people, and you will know that there is no reasonableness to this, and then get out of my life. A prosecutor made a rash remark he should have never made in open court, and now to call out people hoping to find evidence, any evidence, of something that did not occur is unreasonable.To look for "witnesses" for two weeks.  Hoping to make a case.…

"You Don't Have to Like Her": You Do Need to Vote

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Oprah on the TD Jakes Show, to air Thursday. There really is no choice people. All the people sitting around talking about they can't decide...You hear this all the time, people saying "I just don't know if I like her." She not comin'... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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