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Importance of a Comprehensive Estate Plan

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  If you are a relatively young adult or if you do not believe you have a substantial amount of wealth, you may not think that estate planning is a necessary step for you. However, having a carefully crafted estate plan can be beneficial for anyone. Estate plans involve more than handing out your possessions after you die, though that is a part of it. The following are some important components of a comprehensive estate plan. Wills A “last will and testament”1 is likely the most recognized estate planning tool. A will can achieve many things – it can name a trusted person to be the executor of your estate, it can designate how certain property will be distributed, and it will limit the power of the court to distribute your property in other ways. Having a will can make the probate process much simpler for your family. Trusts A living trust2 is also essential for many people. A trust can protect your assets from creditors and taxes, can prevent property…

"Democratizing Criminal Law: Feasibility, Utility, and the Challenge of Social Change"

Famous "war on drugs" voice now voicing support for marijuana reform: any questions?

When Fear Stopped me from Fighting Xenophobia

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A Syrian refugee girl sits in a classroom at a Lebanese public school where only Syrian students attend classes.  AP/Hussein Malla, File By Allyson Fritz, member of the Amnesty International’s East Bay chapter Since the moment I handed over the keys of my Toyota Celica to its new owner, I’ve replayed the conversation I had with the buyer over and over in my head. He had responded to my Craigslist ad and we met to negotiate the price. During our small talk he took me completely by surprise when he revealed some of his views on immigration. This included his belief that “Mexicans only come to the U.S. to take advantage of our welfare system.” Alarm bells went off in my head, telling me, “Say something! Don’t let this stereotype go unchecked!” I had just spent two years in graduate school practicing having difficult conversations like this one. I wanted to go out into the world to challenge harmful misconceptions that label Syrian…

Election Law Crimes Maryland

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Election Law Crimes Maryland With the election approaching, you may wonder: Are there election law crimes in Maryland? Leave it to the Baltimore criminal lawyer Randolph Rice to find all of the things you could do this election season that may land you in jail. We know your parents told you to never talk about politics or religion. But you may want to talk about how your actions in and around elections in Maryland can result in serious jail time. There is criminal activity one could commit outside of a polling place like disorderly conduct or fail to obey a lawful order. Or in a bar with friends arguing over politics, which is never a good idea. There are actual crimes that pertain to election laws and procedure in Maryland. What Are Election Law Crimes in Maryland? In Maryland, the Maryland Election Law articles define the various crimes. Those include: Defacing or removing record; Destruction of voting equipment; Tampering with voting equipment; Removal of destruction of…

"Consolidating Local Criminal Justice: Should Prosecutors Control the Jails?"

DWI, Was I Really Over the Legal Limit?

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Maybe not.  A Texas Department of Public Safety’s crime lab scientist is under fire for conflicting statements he made in a misdemeanor DWI trial this month.  In May of 2013 the DPS crime lab switched two samples and delivered the wrong results to the police.  The error resulted in a woman who had not been drinking being charged with driving with twice the Texas DWI legal limit for alcohol.  When the DPS scientist was questioned about the switch, he lied and stated that he had not switched the vials.  When caught in his lie, the DPS scientist invoked his Fifth Amendment rights against self-incrimination. Why is this an extremely scary scenario?  If you read the above paragraph again, you notice I said Texas Department of Public Safety crime lab.  Yes, that’s right, the police use their own “so called” scientists with their own “so called” lab protocol.  In other words, cops in lab coats.  These are…

Significant new report calls for closing all traditional youth prisons due to their inefficacy


Michigan Medical Marijuana Patients Continue Facing Threat of Criminal Prosecution

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Although Michigan moved to legalize medical marijuana in 2008 and currently allows medical dispensaries to operate in the state, marijuana arrests by Michigan law enforcement authorities continue to increase. According to a report discussing the phenomenon, many legally authorized medical marijuana patients have been targeted for arrest and prosecution for obtaining, possessing, or using the substance in ways that remain illegal under state law. Patients who face arrest are often vindicated in court after charges are dismissed or they are found not guilty, but much of the difficulty and stigma related to a marijuana arrest occurs whether or not a conviction is ultimately obtained. To avoid arrest and prosecution for what is essentially a medical issue, marijuana patients in Michigan should educate themselves about the laws that apply to their possession and use of the substance, and they should retain skilled legal counsel in the event of an arrest. Medical Marijuana:  Is…

New Fears that Energy Drinks Are Linked to Drunk Driving

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In 2010, the market was being flooded with alcoholic beverages that were mixed with ingredients from popular energy drinks, such as taurine and caffeine.  It did not take long for people to realize the dangers of the beverages in terms of drunk driving and for the U.S. Food and Drug Administration (FDA) to warn of the dangers of these products, and they were soon largely taken off the market. This was after many reports of drunk driving among college students, alcohol poisoning and other serious issues. However, according to a recent news article from ARS Technica, there is a now a real danger of people drinking non-alcoholic energy drinks causing more incidents of drunk driving and more drunk driving car accidents across the nation. This report came as a result of a six-year study that followed 1,000 college students.  Study managers concluded that the more energy drinks a subject consumed, the more likely it was for that person to drive a vehicle while under…

Offline when on the road maybe from the DoS system attacks

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First a cert petition due 10/25 and on the road for two CLEs. Back with more tomorrow after the last CLE. My system guy said it worked in Little Rock, but it wasn’t from Atlanta. Now in DC for NACDL’s … Continue reading →

Home health agency, owner pay $1.8 million to settle whistleblower’s allegations of kickbacks

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On October 25, the Department of Justice announced that it had settled allegations of kickbacks with a Kansas-based home health care agency and its owner. According to DOJ’s press release: Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice.  Best Choice is a home healthcare services provider based in Kansas City, Kansas.  King is the owner and operator of Best Choice. *   *   * This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported…

Latest poll shows likely voters still support California's marijuana legalization initiative

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The new Public Policy Institute of California (PPIC) poll shows likely voters in California continue to support Proposition 64, the state’s ballot initiative that would legalize recreational marijuana use for persons 21-years-old or older. PPIC summarizes its findings this way: 55 percent favor Proposition 64. A majority of likely voters...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/EEnG4MxlOb0" height="1" width="1" alt=""/>

What needs to happen before Garden Staters can get legal weed?

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Reports last week revealed that several New Jersey state lawmakers planned to introduce marijuana legalization legislation as soon as anti-legalization Gov. Chris Christie’s current term ends. They even travelled to Colorado to see how legalization has worked out there. But, aside from the support of several sanguine lawmakers, what would...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/EGCMt4QTFKo" height="1" width="1" alt=""/>

I Quit Social Media

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When you go on a family vacation, the people you live with have the opportunity to learn more about you and how you are feeling. And so it was in Oregon a few weeks ago, that my wife noticed my anxiety level. And when she noticed it, I began to notice it, also. And after I noticed, I began looking for the source. I’m not sure that I’ve found it. But I think I have a few leads. For one thing, I have been devouring too much election coverage — way too much of it. So, I decided to do the one thing about the election that I could actually control. I voted. With that done, the media’s coverage was fairly irrelevant to me. With my vote already cast, no infomation could possibly influence it. So, I went the next step. I unsubscribed from the New York Times and deleted the app from my devices. When I woke up the next morning, I reached for the iPad to click the app. It was no longer there. Then I noticed that there was more of it on Facebook. So, away went went…

News Scan

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Palm Springs Cop Killer Faces Death Sentence:  The death penalty will be sought against the California man who fatally shot two Palm Springs officers earlier this month, the Riverside County District Attorney's Office announced this week.  Patrick Edgell of KESQ reports that John Hernandez Felix, 26, an admitted and known gang member, faces two counts of murder for gunning down Office Jose Gilbert Vega, 63, and Officer Lesley Zerenby, 27, during a domestic call on Oct. 8.  Special circumstance allegations of multiple murders, murder of a police officer and lying in wait make Felix eligible for the death penalty.  Felix is also charged with three counts of attempted murder for firing at three other Palm Springs police officers, one of whom was shot and injured.  There are several allegations attached to the two murder and three attempted murder charges, including possession of armor-piercing ammunition, unlawful possession of an assault weapon and…

SELF-DRIVING CARS AND DUI LAWS

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The “future” of self-driving cars is here. In Pittsburg, Uber is currently testing their fleet of self-driving cars. Pittsburg Uber customers can now order a self-driving car although during this test period, there is a safety driver at the wheel. Experts predict that self-driving cars will become a common sight on the road by 2020. Sometime in the very near future (say before 2025), self-driving cars will be available for purchase by the public. I don’t mean the type of semi-self-driving car Tesla has already introduced; I am talking about cars without a steering wheels or foot pedals! While self-driving cars will supposedly be accident-free, I imagine that will be a long way down the road as we will probably have human-driven cars sharing the road for some time to come. I don’t envisage circumstances where we will suddenly have accident-free roads just because some cars are self-driving. Traffic cops will probably have jobs for at least another…

Three Men Accused Of Using Skimming Device At An ATM in Osceola County

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Three men were arrested Thursday on charges of using a skimming device at a bank ATM in Osceola County, according to deputies. The men, 36, 22, and 38 were arrested during a traffic stop. Investigators said the men were seen removing a skimming device from the ATM. An investigation apparently began Oct. 20 after suspicious activity was reported at a SunTrust Bank located in Celebration. All three men were booked into the Osceola County Jail. Credit and debit card skimming is a form of theft that can happen in many different ways. The most common way is stealing personal information through ATMs. How does it work? High tech devices are installed on ATM machines that see a high volume of customers so that every time a person uses their card, their information gets stored on the device. A magnetic card reading device is installed on top of the ATM’s card reader, which looks identical to the real ATM reader underneath them, which is why customers do not usually pay them any…

Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

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Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of protests and riots that occurred after the police shooting of Keith Lamont Scott last month. Continue reading →

Franks on Revenge Porn

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Mary Anne Franks (University of Miami School of Law) has posted 'Revenge Porn' Reform: A View from the Front Lines (Florida Law Review, Forthcoming) on SSRN. Here is the abstract: The legal and social landscape of “revenge porn” has changed...
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