No one who drinks expects to get a DUI or be the victim of an alcohol related disaster. It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment. Often people who have been drinking, lose track of how much they are drinking, and have not planned for an alternative ride home or arranged for a designated driver. Continue reading
How to Avoid, Challenge and Actually Overcome Your DUI Mistake
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La educación y el Ministro del sector
Hoy se cumplen ocho o nueve días desde que cerré mi cuenta en facebook, por ahora no está en mis planes abrir una nueva, pero a raíz de esta decisión he tomado conocimiento de la dependencia a la que el ciudadano está sujeto, al salir de esa red social no sólo me alejé de ella , también de todos los sitios en que facebook es dueño, sitios de la más diversa índole, en lo personal tengo restringido (no prohibido) mi acceso a sitios que promueven el ajedrez, por lo menos en los que se exige NECESARIAMENTE tener una cuenta en la red mencionada para poder participar de todo lo que ofrecen. Escuchaba o leí un comentario, tiempo atrás, sobre las charlas de café en la Argentina, los ches arreglan el Mundo en estas charlas, lo mismo sucede en facebook y lo curioso es que existen grupos con más de cinco mil miembros, de los cuales sólo participan…
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A Dookhansian World
In today’s world, I have serious doubts I can expect anyone to get the reference in my title, so I’m going to start off by ruining the punchline on the headline right here: it’s a play on the idea of a Dickensian world, which is defined in the Cambridge Dictionary (and who should know better?) as relating to or similar to something described in the books of the 19th-century English writer Charles Dickens, especially living or working conditions that are below an acceptable standard: The bathrooms in this hotel are positively Dickensian – no hot water and grime everywhere. In an old piece of news, dating back to ancient times—2013, to be exact—Annie Dookhan, described as “an ambitious state chemist,” set out to “prove her worth.” She was enabled in her quest by a set of working conditions that were below an acceptable standard. Yeah, I know: not the world’s best joke. But at least you know I care enough to try.…
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UnPresident Cheeto Claims He Won Popular Vote
UnPresident-Elect Donald Cheeto claimed today he would have won the popular vote if voters hadn't cheated. [More...] Let's talk about Mitt Romney for a minute, who was trashed today on TV by Trump's clueless former campaign... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Standing Rock oil pipeline protest standoff – Police force, Native American rights, free speech zone & government’s role
News reports get issued every minute of the day, even when I am sleeping and working. I have not been keeping close track of the developments over the protest standoff at the Standing Rock Indian reservation in North Dakota, over the Dakota Access Pipeline that would carry petroleum over hundreds of miles. In the meantime, the treatment of the protestors (calling themselvs water protectors) deeply concerns me. Below, I highlight the following issues that are related to criminal law, Native American rights, First Amendment rights and more: ENVIRONMENTAL/HEALTH/POLICY ISSUES – Opponents are concerned about the water supply being harmed if the pipeline ruptures. – It seems that President Obama is relying on the Army Corps of Engineers to deal with the water protectors and their dispute over the project. (See here, too.) – Hundreds of veterans are expected to join the protestors on December 4, 2016. – In mid-October 2016, Democracy Now…
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Interesting and exciting sentencing week as SCOTUS gets back to work
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First Circuit Confronts Perils of Non-Custodial Interrogation in Fraud Prosecution
Miranda warnings are one of those things most lawyers and non-lawyers alike know something about. Most know we enjoy a right under the Fifth Amendment and Miranda v. Arizona, 384 U.S. 436 (1966), to be told before being taken into custody that we need not make any self-incriminating statements to police, that if we do the Government may use those statements against us in court, and that we have a right to an attorney before speaking to police. What the unwitting faced with initially informal police questioning may not realize is that police need only give Miranda warnings to those who are legally considered to be “in custody.” This critical legal term of art was at the heart of last week’s First Circuit decision in United States v. Swan, in which the Court considered Swan’s appeal from convictions for Hobbs Act extortion, tax fraud, and making false statements to obtain federal worker’s compensation. Swan was an elected selectperson in Chelsea,…
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Is Drug Possession a Felony or Misdemeanor?
In Maine, if you possess any drugs it is going to be a felony or misdemeanor, depending on the amount or type of drug. For example, a couple of grams of cocaine is just going to be a misdemeanor. But there a certain factors that the district attorney's office is going to look at to see if this constitutes trafficking in drugs, i.e. drug dealing. If you have a large amount of drugs, if you have scales, and if you have large amounts of cash, it is more likely that you will be charged with trafficking. In every case, whether it is marijuana, cocaine, heroin, whatever the case may be, that will in fact be a felony trafficking case. It really depends on quantity, as well as the circumstances surrounding the arrest.
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Citrus County Man Found Guilty Of Sexual Battery On A Child
A Citrus County man was found guilty for sexual battery on a person 12 – 18 years old and lewd/lascivious molestation of a child. Authorities claim the 46-year-old man sexually battered the child while in a position of familial or custodial authority. He was found guilty during a retrial after the first trial ended in a hung jury. The man could face the following at sentencing: 3 counts sexual battery punishable by 30 years each count. 2 counts of Lewd/Lascivious punishable up to 20 years each count. Once a person is found guilty by a jury at trial, one of the most important stages of their criminal case is sentencing. At a sentencing hearing, the judge will issue a written judgment of your guilt as well as a court order for the penalties imposed. These penalties can vary, but your criminal defense lawyer should be able to prepare you for what to expect. Regardless of whether you have just been arrested or are awaiting sentencing, it is absolutely vital to have a…
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Requisite Variety: More than Just a Good Idea
Scott Greenfield has a visceral reaction to mindfulness for lawyers: being ‘in the moment’ is for idiots. I find Scott’s reaction more than a bit bizarre: While there are apparently charlatans selling a feel-good philosophy by the name of mindfulness to stressed-out lawyers, there also exists an altered mental state, commonly referred to as mindfulness, that it benefits our clients for us to achieve. That an experienced and established trial lawyer would reject this mental state outright is puzzling. Like any beneficial mental state (or mindset), though, mindfulness is not universally beneficial. I solve many of my clients’ problems not when I am focused on them but when I am doing other things — driving, for example — as my mind drifts. If I were mindful and wholly present to the drive between Dallas and Houston, rather than in trance and on autopilot, I would lose valuable problem-solving time. I am keenly…
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Crash near Shelley sends three to hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 11/28/16 1:30 p.m. Please direct questions to the District Office On Monday, November 28, 2016, at approximately 4:08 a.m., the Idaho State Police investigated a one-vehicle, rollover crash on Interstate 15 at milepost 109, near Shelley, Idaho. Eric Brumbaugh Rodriguez, 21, of San Angelo, Texas, was northbound in a 2006 Nissan pickup. Brumbaugh Rodriguez lost control of the vehicle on the icy roads. The vehicle went off the left shoulder into the median and rolled. A passenger in the vehicle, Morgan Rupp, 22, of West Valley, Utah, was not wearing a seatbelt and was ejected from the vehicle. Brumbaugh Rodriguez and another passenger Victoria Atkinson, 19, of Placerville,…
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Los Angeles Arrests for Protesting
Many people have recently been arrested in Los Angeles for protesting. When a person has been arrested for protesting, there is a fine balance between what will qualify as a criminal charge against them, and what actions will fall under their First Amendment right to free speech. A person who has been charged for protesting is generally charged under California Penal Code §647. Under California Penal Code §647 defines which actions can be constituted as disorderly conduct. The code sections also outlines a potential range of consequences if a person is convicted under this statute. A person who is convicted may face a fine of up to $1,000.00, and jail time of up to six months. There may also be some probation. A charge under PC §647 is a misdemeanor. This means that if you are convicted it will remain on your criminal record. Continue reading
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Ohio State Stabbings
Earlier news reports of a shooter at Ohio State have been corrected. The assailant drove over the curb, intentionally hitting people with his car, and then got out and started stabbing people with a butcher knife. 8 or 9 people are hospitalized. The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Recovering Compensation for Parking Lot Car Accidents
In many cases, parking lot car accidents occur at low speeds and cause only minor property damage. Sometimes, however, the seemingly benign nature of these crashes prevents victims from seeking treatment for injuries or recognizing serious damage to their vehicle. For this reason, it is a good idea to visit your doctor and have a mechanic inspect your car after any collision.If it turns out that you or a loved one did suffer injuries in a parking lot accident in Pennsylvania or New Jersey, Cordisco & Saile LLC can help you determine your legal options for compensation, identify all liable parties, and file your claim. Call our Bucks County office today at 215-642-2335 to schedule a free, no-obligation consultation.How will my insurance company handle a parking lot accident claim?Pennsylvania’s “choice no-fault” auto insurance laws often confuse accident victims into thinking the only compensation they can recover is from their own personal injury…
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Monday Open Thread
Here's a new open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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5 Holiday Decorating Tips to Keep Yourself Safe This Season
Decorating for the holidays is one of the things that makes the season so special. However, it pays to understand the risks to your safety and the health and wellbeing of your family members during this festive time of year. From fire hazards to defective products to causing slips, trips and other falls, some decorations may increase your risk of injury. Use these five holiday decorating tips to stay safe at home or a friend’s house this season:1) Choose Where You Put Your Tree CarefullyWhen it comes to choosing a Christmas tree, bigger is usually better. But when you have a large tree, there are many more considerations when deciding where to put it. Large trees can block sightlines, infringe on doorways, and even cause falls when surrounded by gifts or decor.Securing a large tree properly is also important. Depending on the size and shape of your tree, even the sturdiest of stands may not ensure it can withstand curious children, rambunctious teens, and family pets.…
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Mapping out the Trumpian new world order with respect to federal sentencing reform
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Trump’s Fraud Allegations Don’t Stop at Trump U
Had our country elected Hillary Clinton, it would have made history. She would have been the first female president ever in the United States. However, by electing Donald Trump, the country faced another moment in history: the first president elected awaiting a civil trial for fraud charges. President-elect Trump avoided the trial by agreeing to settle the two class action lawsuits in federal court in San Diego and as third in New York. According to the Los Angeles Times, the roughly 7,000 eligible plaintiffs will receive anywhere from 55% to 100% they spent on Trump University. 21 million of the settlement went to the San Diego plaintiffs while the remaining $4 million went to the New York plaintiffs. There are five generally recognized reasons for settling a lawsuit: expense, stress, privacy, predictability, and finality. Another reason can now be added to that list: a President or President-elect is too busy running the affairs of the country to be…
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ISP invesigates shooting incident on I-84
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: 11/28/2016 at 3:47 p.m. Please direct questions to the District Office On Monday, November 28, 2016, at approximately 11:50 a.m., Idaho State Police investigated a report of shots fired from a vehicle on Interstate-84 in Boise. A man was travelling eastbound on Interstate 84 near the Orchard exit, in a Nissan Sentra, when he became involved in a road-rage incident with a male in a white Ford pickup. After interaction between both drivers, the driver of the Ford pulled out what appeared to be a black handgun and shot two to three times at the Nissan. The Nissan received minor damage. The suspect of the Ford was described as a white male, 25-35 years of age, slight facial…
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Guest posting from Prof Carissa Hessick on SCOTUS argument: "Beckles and the Continued Complexity of Post-Booker Federal Sentencing"
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