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GA: Three controlled buys corroborated CI

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CI’s claim he bought drugs from defendant was an admission against penal interest, confirmed by three controlled buys. Reid v. State, 2013 Ga. App. LEXIS 367 (April 26, 2013). Officers tailed a domestic violence suspect to defendant’s house with a dog, and they told the defendant they wanted to capture him. Defendant consented to the entry. The entry was strictly limited to finding the suspect, and a plain view was sustained. State v. Dancer, 2013 Wash. App. LEXIS 1002 (April 30, 2013). Officers had reasonable suspicion to take defendant into custody as a parole violator. Defendant’s argument is noted that he was a potential crime victim, not a suspect, but it was reasonable to conclude that defendant might arm himself. “His desire to search Defendant was based on his experience and recognition that parolees who are threatened with violent crimes are more likely to obtain firearms to protect themselves. In light of the agent's knowing that Defendant's brother was shot and killed two days prior, and Agent Welsh's receiving a call indicating that Defendant ‘would be next,’ it was reasonable, under the circumstances, to conclude that Defendant would likely have a firearm to protect himself.” United States v. Britton, 2013 U.S. Dist. LEXIS 62779 (M.D. Pa. May 2, 2013).*

Israel Airstrikes in Syria

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Israel has not yet officially confirmed the news, but everyone else, from the BBC to Al Jazeera to the New York Times, is reporting that Israel launched an airstrike in Syria. An Israeli spokesman says: “Israel is determined to prevent the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

OK: Driver of rental vehicle not on contract still shown to have standing

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Driver of a rented van who was not on the rental contract was still found to have a reasonable expectation of privacy in the van. State v. Bass, 2013 OK CR 7, 2013 Okla. Crim. App. LEXIS 9 (May 1, 2013): [...] Read more!

Saturday Morning Open Thread

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I've got lots of errands today. Has anyone seen The Reluctant Fundamentalist or Silver Linings? This is one of those months I'm wondering why I need Xfinity at all, since there's nothing great on pay per view and their movie offerings... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Holiday Weekends Equal More Police

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Police have limited resources and target weekends most likely to produce drunk drivers to scale up their patrols.  This weekend we have the Kentucky Derby on Saturday and Cinco de Mayo on Sunday. This is the best type of weekend to expect to see more police patrols and more Dayton DUI checkpoints.  Drink safe. Avoid [...]

DUI Patrols Increase For Cinco De Mayo And Kentucky Derby

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Expect to see more police this weekend.  Police like to spend their money wisely. They do this by targeting the weekends most likely to produce more arrests and drunk drivers.  This weekend is the one of the best weekends for police to find DUI and OVI drivers in Cincinnati, Ohio. Today is the Kentucky Derby [...]

Hanging with the Wrong Crowd Can Cause a VOP

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friends.jpgCan people really read minds? Do paranormal abilities exist within human nature? Believe it or not, these questions tie into a recent Orlando violation of probation (VOP) case. Yea, it's kind of a stretch, but bear with me, I'll get around to it. Before we dive in, it will be helpful to sum up the standard conditions of probation: (1) do what probation tells you to do, (2) stay out of trouble, (3) stay away from people who are in trouble. Easy enough, right? The same stuff your mom told you as a child, only your mom won't throw you in jail with no bond should you violate her conditions. Today's glimpse into the inner workings of Florida's criminal courts involves the standard condition of probation which states that "You will not associate with any person engaged in criminal activity". Let's take a look at the violation of probation filed in Clayton v. State, 100 So.3d 725 (Fla. 5th DCA 2012). Clayton was on probation for robbery with a firearm. So, how do you get probation on such a serious charge? Well, you start with prison time, and back it up with probation. [Criminal Defense Attorney Practice Note] don't follow a prison sentence with probation, unless the discount up front is too good to pass up. Anyway. Clayton's violation comes by way of a new possession of marijuana charge, and an allegation of hanging out with the wrong crowd. Clayton's probation conditions mandate that he "not associate with any person engaged in criminal activity". The problem is, Clayton is not a mind reader. Clayton does not possess paranormal abilities which would permit him to determine whether or not the people he associates with are engaged in criminal activity. Bernie Madoff hung out all the time with all sorts of people. For those on probation, that would have been a violation, right? After all, Madoff is one of the biggest criminals of our time, so he should have caused an avalanche of probation violations for those probationers caught hanging with him. And, that's sort of what happened to Clayton. Sort of.

California Department of Alcohol and Drug Program Ceases Operation July 1, 2013

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As a part of the FY 2012-13 budget process, the Legislature authorized the transfer of the programs and functions of the Department of Alcohol and Drug Programs (ADP) to departments within the California State Department of Health Care Services, effective July 1, 2013. The transition plan can be found on the ADP website. The result of this reorganization will be a state administrative structure that will provide one state department for the substance use disorder system, align with federal and county partners, and promote opportunities for improving health care delivery to the benefit of consumers with substance use disorders. For those programs that are paid for by Medi-Cal, this allows DHCS to license those facilities to whom payments are made for services provided. It is also anticipated that the federal Patient Protection and Affordable Care Act will make more people eligible for insurance covered drug and alcohol treatment treatment. The Counties will also have increased responsibility for oversight. This will be a time for change for those facilities licensed by the ADP and we can certainly anticipate changes in licensing and regulation over time. For sober living facilities, non-medical detox facilities and related programs, it will be a time of adjustment. As prescription drug abuse becomes a greater issue nationwide, there will be more need for programs but also more scrutiny especially for the non-medical programs.It will be important for all facilities to keep informed about program and licensing changes for those programs that are not receiving payment from Medi-Cal. For those who have a medical model where reimbursement is sought, DHCS may be more concerned with reimbursement issues than the public health issues of addiction. At one level, it is useful to have the entire program (reimbursement and licensing) under one agency. However, this will be a larger agency that has many other programs other than drug and alcohol abuse.Posted by Tracy Green, Esq. Please email Ms. Green at tgreen@greenassoc.com or call her at 213-233-2260. Ms. Green's office at Green and Associates is located at 801 South Figueroa Street, 12th Floor, Los Angeles, CA 90017. Any questions or comments should be directed to Tracy Green an experienced administrative law attorneyhealth care litigation attorney, and Drug Medi-Cal attorney. She is very familiar with the issues facing facilities licensed by the Department of Alcohol and Drug Program and has represented many facilities over the years in compliance and licensing issues.  The firm website is: http://www.greenassoc.com/

Finding a Burial Site for Tamerlan Tsarnaev

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The funeral director who has Tamerlan Tsarnaev's body says he can't find a cemetary willing to accept his body for burial. Reportedly, a second autopsy is or has been performed on Tamerlan at the request of the parents or lawyers for... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Tangled Up in Green: Colorado Marijuana Rules and Laws

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Colorado recreational marijuana will be in place in less than eight months. There is so little being done to make laws that would foster a new green economy. In fact, the lawmaking looks to be a mess. Colorado Legislature: Can It Plan for the Future? The problem with “legalized” marijuana laws is that the Colorado legislature is at the forefront of [...]

iPhone Shuffle Repeats Same Song: The Fix

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A friend was experiencing a really annoying problem with her iPhone. She would hit shuffle within a playlist or album. Instead of shuffling the songs on that list, it would repeat the first song over and over. Took me a while to figure it out, but I found the problem and how to fix it. While there are several web discussions about iPhone shuffle problems, I had trouble finding the answer but

Could pets possess the key to progressive pot policies?

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The seemingly silly question in the title of this post is prompted by this seemingly silly new article headlined "Pot for pets? Vet offers unorthodox marijuana treatment for pups in pain." Here is how the article gets started: With medical...

Should I talk to police when stopped for DUI?

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No. When stopped for DUI and asked questions by law enforcement - do not volunteer information or answer any questions that may incriminate yourself. (this is the investigatory phase - pre-arrest) Be very polite, respectful, otherwise cooperative, request an attorney...

CA - Supremacist (Charles Francis Gaskins) jailed for killing sex offender

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Charles Francis GaskinsOriginal ArticleThis is exactly why the sex offender registry needs to be taken offline and used by police only!05/03/2013 A Northern California white supremacist convicted of killing a child molester has been sentenced to 26 years to life in prison, while his wife - convicted of being an accessory - will be released from jail in about two months, The Sacramento Bee reported Saturday.Charles Francis Gaskins, 48, was sentenced Friday after pleading no contest in March for the killing of [name withheld] in 2009. A probation report said Gaskins was a member of a supremacist group that required its members to attack anyone with a history of child molestation. Gaskins and his wife - Sandra Sheaves - was living in a home she owned in Carmichael, a community outside of Sacramento, when they allowed the 66-year-old [name withheld] to move in. Gaskins had met [name withheld] while they were both serving time in prison, The Bee said. When Sheaves discovered on the Megan's Law website that [name withheld] was a registered sex offender, she told Gaskins. Gaskins and Sheaves confronted [name withheld] in the garage of the home, with Gaskins killing him by repeatedly hitting him in the head with a large rock, prosecutors said.[name withheld]' body was later found dumped along the side of a rural road about 35 miles away in Placerville. As part of his no-contest plea, Gaskins insisted authorities go easy on Sheaves, who also was charged with [name withheld]' murder. Prosecutors agreed, allowing her to plead no contest to accessory to murder. Sheaves, 43, was sentenced to eight years in prison. "In a way, you almost instigated this, by showing the information from Megan's Law to Mr. Gaskins," Sacramento Superior Court Judge Sharon Lueras said in sentencing Sheaves. With time served and other factors, Sheaves is expected to be released in 66 days, according to her attorney, James Warden.© 2006-2013 | Sex Offender Issues

"Guantanamo camp burns through $900,000 a year per inmate"

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The title of this post is the headline of this new Reuters article, which gets started this way: It's been dubbed the most expensive prison on Earth and President Barack Obama cited the cost this week as one of many...

Court of Appeal Upholds Utilzation Controls On Psychology Services Provided By Community Mental Health Clinic

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In a setback to community health and the State of California's attempts to handle its budget issues by cutting back services to those most in need, a recent Court of Appeal decision, Mendocino Community Health Clinic v. State Department of Health Care Services, upheld utilization controls imposed by the Department of Health Care Services on psychology services at the rate of two visits per month an outpatient to a community mental health clinic. The Third District Court of Appeal ruled that this regulation does not violate the federal Medicaid Act. The statute at issue is Welfare and Institution Code Section 14132(a) which provides that Medi-Cal, which implements the federal act, will cover outpatient psychological services rendered at a federally-qualified health center (FQHC) “subject to utilization controls.” The Department then adopted a regulation limiting Medi-Cal coverage of psychology services to a maximum of two per month. After the two-visit-per-month regulation was adopted, Medi-Cal told the Mendocino clinics it would not reimburse them for more visits than that for fiscal years 2003-2004 and 2004-2005. The clinics sought administrative review in the Sacramento County Superior Court and won at that level by ruling that that as a “federally-qualified health center” under the act, it was entitled to payment for all necessary treatment rendered to its Medi-Cal patients.The clinics argued that the regulation limiting payment was intended to address overbilling by individual practitioners, not by federally-qualified health centers, or FQHCs, which have a special status under the Medicaid Act. They also argued that they provide “core services” that must be paid for by Medi-Cal under federal law.The Department appealed. The Court of Appeal overturned the Superior Court and ruled in favor of the Department. The Opinion reasoned that although federal law  requires full reimbursement for core services provided by FQHCs, it does not preclude states from enacting utilization controls in limiting the number of such visits.  In sum, the Department cannot pay less than 100 percent of reimbursement but it can impose utilization controls. The fact that the federal legislation did not address utilization controls one way or the other was a significant factor in the Court of Appeal's opinion. For the mentally ill, limiting services to two per month regardless of the severity or need for treatment is contrary to the intent of federal law. Posted by Tracy Green, Esq., a Medi-Cal attorney in Los Angeles, California. 

Can a passenger be arrested for DUI in Maryland

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As a passenger in a drunk driving arrest, can you be arrested for DUI in Maryland? In a word, not really. You would have to do something wrong or illegal in order to be arrested; just ask Reese Witherspoon, the actor that was recently arrested. So for example, the lovely Mrs. Witherspoon was recently arrested because she violated rule number one with the cops, she could not keep her big mouth shut! You see, on the street, the cops are in control; so if you don't desire to spend the night in jail, you have to do what they tell you to do. Sometimes the cops don't know what the heck is going on, or where their authority ends and the law picks up so they may "order" you to do weird and stupid things, like put your cell phone away and stop recording their aggressive and unfriendly behavior. (They don't like to be the star of Channel 11 news), but the law is you are allowed to record video of the cops (audio is a different story- one may have to be careful there). Anyway, on the street the cops have the perceived authority so it is best to follow instructions or at least to get out of the way of what they are trying to do. If you stick your nose in their business, you will undoubtedly be arrested for getting in the way or disrupting the public or obstruction of justice or interfering with police business etc.

Sunday Tsarnaev-Related News

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The FBI is again searching the residence where Tamerlan Tsarnaev lived with his wife at 410 Norfolk St. Ruslan Tsarnev (the uncle from Maryland) is at the funeral home where the director is still pleading for the Government to step in and find a... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Florida Gun Crimes and Responsible Gun Ownership

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The spate of recent gun-related homicides in Broward and Palm Beach counties are becoming less an aberration and more the norm, according to a recent investigative report by the Center for Public Integrity. gun5.jpg Our Fort Lauderdale defense lawyers understand that while overall homicides and violent crimes are down, murders committed with guns have spiked nearly 40 percent in the last 10 years, from 499 in 2000 to nearly 700 in 2011. We don't have completed figures for 2012. But we do know that in the first six months of the year, 358 of the 479 homicides reportedly involved a firearm - and that was also an 8 percent increase from the same time frame in 2011. In fact, while firearms were used in 56 percent of all Florida homicides in 2000, they now are reportedly involved in three-quarters of all murders. Not all of those are necessarily unjustifiable. Take for example the recent case of a Pompano Beach man who fatally shot a home intruder after being followed home from a local night club. The man said there hadn't been any angry words exchanged. The intruder followed him into his home shortly after 5 a.m., brandished a gun and demanded his jewelry. Rather than hand it over, he chose to act in self defense, and the would-be robber ended up dead. Police have not yet decided whether they will file any charges or whether they will concede that the act was indeed in self-defense. That situation, though, may be in the minority. In homicide cases involving firearms, our defense lawyers will often seek to challenge whatever witness statements there may be, ballistics evidence, blood samples, motive and other aspects of the state's case. It truly will depend on the exact circumstances of the case, but know this: We recognize that when you are facing a homicide charge, only the most experienced and most aggressive criminal defense will do. We take that responsibility very seriously, and we spare no effort. The CPI's recent report gives no solid answers for why gun crimes may be increasing so dramatically. But we do know that Floridians own more firearms than they did just 10 years ago. We know that the state's "Stand Your Ground," as well as the accessibility of concealed carry permits create more opportunity for gun crime. And of course we recognized the rights of gun owners and the fact that thousands of responsible gun supporters should not be penalized for the actions of a few. The number of people applying for background checks to obtain firearms has shot up - from less than 300,000 in 2004 to more than 800,000 in 2012. From January to March of this year alone, another 300,000 applied for a background check. That's not to say that every gun crime involves a firearm that is legitimately obtained, but the vast majority of those who apply for a gun permit in Florida are successful - more than 98 percent. Florida is slower than other states in terms of submission of mental illness records to the primary federal database, and unlike a number of other states, Florida does not review those permits later to determine if gun owners are later disqualified due to felony convictions or mental illness. Simply carrying a firearm illegally carries its own significant penalties. However, if you are accused of illegally using that firearm, call our experienced criminal defense lawyers as soon as possible.

FINDING YOUR BEST POSSIBLE SENTENCING OUTCOMES IN FEDERAL DRUG TRAFFICKING CASES IN FLORIDA

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Clearwater criminal defense lawyers are often asked about how to obtain the best possible results in federal drug cases in the Middle District of Florida in Tampa, Florida. In almost every Federal case but especially in Federal Drug cases such as Trafficking in Cocaine, Methamphetamine or Marijuana, the most important decision is the initial decision. Does a Defendant plead guilty or does he or she fight the charges by demanding a Federal trial with the very real possibility of being found guilty? Either choice is difficult because the Federal Sentencing Guidelines requires that every Federal Drug Trafficking case yields a harsh minimum mandatory sentence as punishment. And more often than not Federal Prosecutors have more discretion to go under those minimum mandatory sentences than do Federal Judges. A Federal Courtroom in the MIddle District of Florida in Tampa Florida where Defendants must decide whether to plead guilty or face a trial by jury.And as many as 96% Federal Defendants plead guilty which is a stunning criminal justice failure in that they believe the Federal criminal process is rigged against them.If you plead guilty and have no prior criminal history, then you may be eligible for the safety valve, which will allow your sentencing Judge to go under the minimum mandatory sentence in your case. But if you have any kind of prior record, even misdemeanors, then safety valve will not be available unless your attorney is able to overturn the Judgement and Sentence from the jurisdiction in which you were convicted before you are sentenced on the new Federal charges. Although some enlightened members of Congress are attempting to enlarge the safety valve provision to give Federal Judges more discretion, it's unlikely that this will help on any pending cases.If the safety valve provision of the Federal Sentencing Guidelines is not available, then the Judge can go under a minimum mandatory sentence if and only if the U.S. Attorney's Office files a motion for substantial assistance, known as a 5k Motion before sentencing or a Rule 35 if filed within a year of the initial federal sentence. In the Middle District of Florida motions for substantial assistance are filed if and only if the level of co-operation is such that a new arrests are made or a defendant establishes that he or she is willing to testify against co-defendants. All of these fact make pleading guilty to a Federal drug case a roll of the dice without the benefit of knowing with certainty what will happen. But if you do not plead quickly, then the only alternative is to fight the charges with a jury trial. You'll want to find a Tampa Bay Federal defense attorney with excellent qualifications and experience in Federal trials who will provide you with the best possible defense.
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