Lyn M. Gaudet, Jason Kerkmans, Nathaniel E. Anderson and Kent Kiehl (MINDSET, MINDSET, The Mind Research Network and University of New Mexico) have posted Can Neuroscience Help Predict Future Antisocial Behavior? (Fordham Law Review, Vol. 85, No. 2, 2016) on...
Gaudet et al. on Neuroscience and Predicting Behavior
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How many of the many law schools in California, Florida and Massachusetts have courses in marijuana law?
The question in the title of this post popped in my head this morning when I realize that three of the states that house nearly nearly 1/4 of all law schools throughout the United States had voters enacting major changes to the marijuana laws this election cycle. Specifically, I believe...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/OKzF68wFHEk" height="1" width="1" alt=""/>
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FBI Criticized in Clinton Investigation
Attorney Page Pate joins Anderson Cooper and Former Deputy Attorney General Jim Cole on CNN’s AC 360 to talk about FBI Director James Comey’s pre-election letter to Congress regarding… read more → The post FBI Criticized in Clinton Investigation appeared first on .
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Woman arrested in St. Johns County after being found unconscious with a baby
A woman was recently arrested in St. Johns County, Florida on several charges resulting from her being found sleeping with a baby on her. According to an article on News4Jax.com, Police say the woman was parked at a gas station and was seen sleeping with a child in her lap. Police checked the plates on the car and found out the car was stolen from another state. Upon searching the car, police allegedly found heroin and drug paraphernalia along with used baby items. The woman was arrested for possession of a controlled substance, child neglect, grand theft auto and possession of drug paraphernalia. The basis for the child neglect charge is most likely the several used diapers found in the car along with bad milk. In order to prove a child neglect charge in Florida, the State Attorney’s Office has to prove that the woman willfully failed to provide the child with the care, supervision and services necessary to maintain the child’s…
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Uttering and Publishing, Forgery Cases, Check Fraud Scams
Uttering and publishing is the official title in Michigan given for the felony crime of falsifying or forging certain documents with the intent to defraud. This crime has been on the books in since 1931. In my opinion, it is a badly written law that needs to be modernized. However, the statute remains widely used to charge individuals whose conduct falls within the vague provisions of this law. Based upon the number of uttering and publishing / forgery cases that our firm handles in the Macomb County Courts, I would say that this statute is used most extensively to prosecute individuals that are involved in check scandals. The crime of uttering and publishing is complete upon presenting a false document to be truthful with an intent to defraud another The uttering and publishing statute (MCL 750.248) provides that: Continue Reading
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Page Pate Discusses FBI Letter in Clinton Investigation – CNN
Writing in CNN online’s Political Op-Eds, Attorney Page Pate explains that FBI Director James Comey was doing his job and dealt well with a very difficult turn of events. The post Page Pate Discusses FBI Letter in Clinton Investigation – CNN appeared first on .
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What are the potential punishments I could receive for Possession of Marijuana (POM)?
There are several different ways to resolve a drug case and the way we handle it depends on the facts of the case. Due to various circumstances, some options may not be available to everyone. The attorneys at Rosenthal &…Read more ›
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Florida Police Officer Can Detain and Arrest Suspect for DUI While in Private Parking Garage Under Certain Circumstances
Some people in Florida believe they are only at risk of a DUI arrest if they are caught driving on the public roads by a police officer while impaired from alcohol or drugs. That is not true. A person does not even need to be driving to be arrested and convicted of DUI. The Florida driving under the influence statute confers criminal liability on anyone who is driving while impaired from alcohol or drugs or in actual physical control of a vehicle while impaired from alcohol or drugs. We have dealt with many cases where a person was arrested for DUI while resting or sleeping in a vehicle that is not even running. The state can move forward with a DUI case in that situation if the suspect had the keys to the vehicle and it was capable of being driven, even if the keys were not in the ignition at the time. Additionally, a police officer can initiate a DUI investigation when the suspect is on private property, as opposed to driving on the public…
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New Smyrna Beach Man Accused of Sexually Abusing Child
New Smyrna Beach Police said a man has been charged with lewd acts on a child. Officers were called shortly after 7:40 p.m. Wednesday to Florida Memorial Hospital. The dispatcher advised that a child had reportedly been sexually abused. When police arrived at the hospital, they claim a witness told them that a 5-year-old boy was allegedly victim to lewd acts by a family friend. The child was out of sight for only a few moments when the act allegedly occurred, according to police. When the boy’s guardian went to check on him, she claims she saw the 59-year-old family friend performing ‘a lewd act’ on the boy. A short time later, the accused was located at his home and was placed under arrest for lewd and lascivious acts on a child under 12. He was transported to the Volusia County Branch Jail without bond. If you or someone you love has been accused wrongfully of child sexual abuse, you will need the best possible criminal defense attorney handling your sex…
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FLORIDA VOTERS IN FAVOR OF MARIJUANA
FLORIDA AMENDMENT #2 TO EXPAND MEDICAL MARIJUANA GETS 71.3% OF VOTES Florida voters took to the polls on November 8, 2016, this last Tuesday to decide the heated political race for the white house. In Florida, as in many states, there were what could be characterized as marijuana legalization amendments on the ballots. Several states are apparently receptive to the idea of medically prescribed marijuana and more states are moving to the legalization of marijuana for what is termed “recreational” use. According to a report, the majority of voting citizens in every county in Florida voted in favor of Amendment 2. This amendment, a version of which failed two years ago, passed with the serious efforts and financial contributions of powerhouse Orlando trial attorney, John Morgan, of the Morgan and Morgan firm. For months as this writer was entering or exiting the Duval County Courthouse, activists with clipboards were gathering signatures on…
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Debt Collection Practices Under Scrutiny of CFPB and NY Attorney General
On November 2, the Consumer Financial Protection Bureau (CFPB) and New York Attorney General filed a lawsuit in federal district court in New York over an alleged “massive, illegal debt-collection scheme” that supposedly involved improperly increased debts and threats of arrest or legal action against delinquent borrowers. Douglas MacKinnon and Mark Gray are accused of operating a network of companies that harassed, threatened, and deceived millions of consumers into paying inflated debts or amounts they may not have owed. The CFPB claims that the defendants violated the Fair Debt Collection Practices Act (FDCPA). The New York Attorney General joined the CFPB in claiming that the defendants violated the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The complaint also alleges repeated fraudulent acts and deceptive acts or practices in violation of New York law, as well as violations of New York state debt-collection…
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Remembering veterans, peace activists, and war victims
This blog entry is updated from my 2015 Veterans Day blog entry. On Veterans Day, I remember veterans, peace activists, and war victims. I work on Veterans Day, closing my office on Memorial Day. Fortunately, we also have a federal holiday devoted to the inspiration of a non-violent warrior for justice, Martin Luther King, Jr. I am not a full pacifist. I know we need an effective military. I know I need to know how to use my fists, fighting ability, and taijiquan lessons in the event of a street attack. , but also know that our nation is overly militarized, overly militaristic, and overly saturated with a government-military-industrial complex. I grew up seeing the ugliness and pomp of the military. My father graduated from West Point in 1958. He was too young for the Korean war, and too old to be called from the reserves to the Vietnam war. He often watched war movies, and Patton is one of his favorites. I was probably too young at around eight…
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DC Police Officer Arrested for DUI While on Duty
According to a recent news article from NBC 4 Washington, an officer of the Washington, DC Metropolitan Police Department (MPD) was just arrested on suspicion of drunk driving. The officer was arrested after his supervising officer allegedly noticed a strong odor of alcohol coming from his person during an interaction with this officer that arose as a result of a civilian complaint. The defendant has been a sworn MPD officer for four years prior to his drunk driving arrest in Washington, DC. When his supervisor smelled the odor of alcohol, he asked the officer to exit his vehicle and subjected him to a series of standardized field sobriety tests (SFTSs). According to a spokesperson for the MPD, this officer allegedly failed the SFSTs, and that, along with additional probable cause, led them to arrest the officer on a charge of driving under the influence (DUI) of alcohol. It is important to understand that this officer has merely been accused of a crime and is…
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The Long Term Dangers of Having a Criminal Record
A criminal record is an account of any criminal convictions and charges that you may have, past and present. Having a criminal record can have a severely negative impact on all aspects of your life, from finding a job to driving a car. If you are concerned about how your criminal record may impact your life, contact a Boston defense attorney today. Having a criminal past can have negative consequences in many areas of your life. Below are some of the most common concerns expressed by individuals with criminal records. Employment Unfortunately, finishing your sentence and paying your debt to society doesn’t mean it’s going to be easy to get a job once you regain your freedom. Many occupations require extensive background checks for employment, such as those that involve direct contact with children, law enforcement jobs, and caring for elderly patients or individuals with disabilities. And even if extensive background checks are not necessary, most employers require…
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How Quickly Can I Take Out a Restraining Order Against My Boyfriend?
If you fear that your boyfriend, ex-boyfriend, husband, or ex-husband may cause you serious physical harm, you may want to obtain a restraining order against him. Fortunately, the process to obtain a restraining order is relatively quick and easy. And it’s free. But what comes next? A simple piece of paper is rarely the end to aggression, especially when it’s fueled by jealousy or desire. Read on to find out what kind of restraining order you need, how quickly you can get it, and what additional steps you can take to protect yourself. In the state of Massachusetts, there are two types of restraining orders – abuse prevention orders and harassment prevention orders. The type you need is dependent on your relationship with the person you wish to obtain a restraining order against. In the case of a current or ex-boyfriend, you are likely eligible to obtain an abuse prevention order. See the requirements for each type of order below. An Abuse Prevention Order is…
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FL1: Passenger can be ordered from car during stop, following FL5; conflict with FL1 certified
“Relying on Brendlin and Johnson, the Fifth District in Aguilar [v. State, 199 So. 3d 920 (Fla. 5th DCA Apr. 1, 2016), rev. denied No. SC16-633, 2016 Fla. LEXIS 1336 (Fla. June 24, 2016)], concluded that an officer may, as … Continue reading →
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Voter math suggests a possible Hillary landslide IF she had championed marijuana reform
As various folks continue to try to figure out just what happened on Election Day 2016, I am seeing a lot of people noting that Hillary Clinton won more of the popular vote than did Donald Trump. But Trump is now Prez-Elect because he squeaked out state-by-state victories in a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/F6ft_JnLTag" height="1" width="1" alt=""/>
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OH10: The cargo area of a box truck couldn’t be searched on RS
Reasonable suspicion and officer safety did not support the search of the cargo area of a box truck. There was no probable cause here, either, for the automobile exception to apply. State v. Jackson, 2016-Ohio-7669, 2016 Ohio App. LEXIS 4535 … Continue reading →
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“Nothing gets lost”- We pick ourselves up and keep fighting
Michael Jordan’s famous Nike commercial reminds people going to battle — whether on or in the court — the necessity of maximizing the chances of winning, and of finding a way to become stronger even from defeats. Being mortal, even apparent superhumans cannot guarantee a perfect win-loss record in court. My head tells me to move on from the nightmare of Trump’s electoral college win (Clinton won the popular vote), particularly seeing that I stayed mostly on the sidelines during the campaign spouting against Trump more than Clinton, and doing nothing for Sanders other than donating $100. My heart yells at me to wake up from this nightmare, an infinitely worse nightmare than Reagan’s occupying the White House for eight long years. With the Supreme Court, Reagan filled three vacancies — with Justices O’Connor, Scalia, and Kennedy (after failing to seat Bork) — and O’Connor and Kennedy were far less dangerous than the…
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Disorderly Conduct in Chicago: Rules, Regulations, and Practice in Focus
Disorderly conduct has become the catch-all and go-to remedy for law enforcement agencies. The typical scenario is that of a police officer working on a hunch or anecdotal evidence that someone might be engaged in criminal activity. In the absence of a clear provable offense, the officer makes what is effectively a preventative arrest under the disorderly conduct law in Chicago. However, that scenario raises civil liberties issues, particularly as they relate to minorities who have historically faced much more stringent scrutiny within the criminal justice system. Frisking is a popular political tool for those who want to be tough on crime but not touch on the causes of crime. Some members of the public are just reassured by any statistical evidence that arrests are increasing even though those arrests may not necessarily mean a reduction in criminality within a given area or population. Processing Issues and Cost-Benefit Calculations At a time when the police are anxious to…
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