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Does A DWI Conviction Mean Jail Time?

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If I’m convicted of DWI, will I have to go to jail? That depends. If you are placed on probation, then look at the table below for the answer. Offense Jail Time as a Condition of Probation. 1st conviction for a Class B Misdemeanor DWI. No. 1st conviction for a Class A Misdemeanor DWI, so charged because your blood alcohol concentration was 0.15 or higher. No. 2nd conviction for DWI and your first conviction was more than five years before the arrest that led to the 2nd conviction. Yes, for a minimum of 3 days. 2nd conviction for DWI and your first conviction was less than five years before the arrest that led to the 2nd conviction. Yes, for a minimum of 5 days. 3rd conviction for DWI. Yes, for a minimum of 10 days. Conviction for intoxication assault. Yes, for a minimum of 30 days. Conviction for intoxication manslaughter. Yes, for a minimum of 120 days. Why in the world would I prefer jail to probation? First, the sheer harassment. I don’t think that the folks…

Boating Under the Influence Laws in Las Vegas

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Although driving under the influence tends to garner a great deal more attention in the media, the crime of boating under the influence can be just as serious. It’s defined under NRS 488.410, and it’s important to understand that Nevada courts treat this crime just as severely as they do DUIs. If you’ve been charged under this law, then you need an aggressive Las Vegas boating under the influence attorney working for you. NRS 400.410 defines boating under the influence as operating or being “in actual physical control of a vessel under power or sail on the waters of this State” while being drunk or under the influence of drugs. If the boater’s blood alcohol content, or BAC, is above the legal limit of 0.08, then they may be arrested for boating under the influence. Notice that the 0.08 limit is the same as the legal limit for driving under the influence. Submission to a chemical test is mandatory when boating under the influence, just as it…

Special Greeting During This Holiday Season

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A special greeting during this Holiday Season we express to you our sincere appreciation for your confidence and loyalty.  Thank you for referring friends and family to our law firm this past year. Thank you, for the trust and confidence you chose to place in us, we regard your faith in us as our highest compliment. We take great pride in our work, and we hope our dedication comes through in the satisfaction of our clients and friends. We are deeply thankful and extend to you our best wishes for a happy and healthy holiday season.Hire Expert  NJ Lawyer.Ian Goldman is an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at www.IMGLegalGroup.comContact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us on line at…

Can a judge remove a juror just because the juror is the lone holdout?

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In a criminal case, a defendant is entitled to a unanimous verdict by all the jurors selected to hear his case.  Many times if only one juror votes in a defendant’s favor it’s a win for the defense.  The prosecutor  may choose not to go to trial again and dismiss the case or will plea bargain the case in a way that benefits the defendant.  Many times when a jury is hung with the count overwhelmingly in favor of one side or the other (usually against the defendant) the judge and the DA will try to identify the holdout juror, isolate that juror, and remove the juror in order to get a resolution of the case. That’s what happened recently in the case of People v Armstrong, a 2016 from the 4th District Court of Appeal.  The defendant was facing the death penalty and was in the penalty phase of the trial.  In other words, he was guilty, but now the jury had to decide whether to vote for death or life in prison without parole.  One…

The grand capital problems in the Grand Canyon state

Miller on Contesting Police and Procedural Justice

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Eric J. Miller (Loyola Law School Los Angeles) has posted Encountering Resistance: Contesting Policing and Procedural Justice (University of Chicago Legal Forum, 2016) on SSRN. Here is the abstract: Resisting authority is a really important way in which we assert...

SANTA ARRESTED IN JACKSONVILLE, ACCUSED OF SELLING DRUGS

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SANTA COULD MISS CHRISTMAS On December 19, 2016 undercover detectives from the Jacksonville Sheriff’s Office arrested Isaac Earl Geiger for several narcotics charges.  Per a News4Jax story, the Sheriff’s office were conducting an investigation on Golfair Boulevard based on recent complaints regarding drugs and/or illegal narcotics.  During the investigation, the Sheriff’s Office noticed Geiger standing at the door of a U-Haul rental truck in the parking lot.   Geiger was dressed in a red Santa Suit.  The Sheriff’s Office reports that they observed Geiger go to and from the U-Haul several times, retrieving items, and walking away.  Upon Geiger detecting the police presence, Geiger fled on foot.  The report states that Geiger “Tripped” over his Santa pants while fleeing from the police.  While being taken into custody, Geiger refused to take his hands out from underneath his body.  A search of Geiger…

Is Alabama’s Expungement Law About to Get Better?

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We at Skier & Associates have received information that there will be a bill filed in the upcoming legislative session that would expand Alabama’s existing expungement law to allow expungement of certain convictions as well as pardoned convictions. As always, the legislative process is unpredictable and slow. Stay tuned to this space for updates and a critique of any new law passed by the legislature and signed by the governor.

Detailing how global financier George Soros has been funding efforts to take out local prosecutors

Minnesota Police Cracking Down On Shoplifting During Holiday Season

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Police in the Twin Cities metro area announced this week that they are conducting a special enforcement program to cut down on shoplifting and theft cases as the holidays draw nearer. Area officers are partaking in a holiday enforcement effort known as “The Blitz” to hone in on “boosters” or professional shoplifters. They have a method to their madness, and Eagan police officer Jeff Thul explained what red flags officers look for before the thief even enters the store. Signs that suggest a person may be part of a shoplifting ring include: Having a temporary license plate. Parking near the back of the lot when there are plenty of open spaces in the middle or front. Driving a rental car. Groups of people walking into a store separately. Officer Thul didn’t go into too much detail about what officers look for when watching subjects in a mall or in a store so as not to give away all their methods, but he did say the operation has been successful.…

"The American Bar Association's Criminal Justice Mental Health Standards: Revisions for the Twenty-First Century"

DPIC releases year-end report highlighting "historic declines" in use of the death penalty in 2016

News Scan

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California Supreme Court Stalls Prop 66: The California Supreme court has issued a brief, unexplained order staying the implementation of Proposition 66, which was adopted by state voters on November 8. . As reported by the LA Times, Proposition 66 would change how death penalty appeals are handled, appointing more lawyers to take cases, putting the initial habeas corpus review before trial court judges and setting a five-year deadline for appeals to be heard. Generally speaking, it can take more than 5 years just to have an attorney appointed to a capital appeals case, and the exhaustive process of appeals can span more than 25 years. Opponents of the legislation argue that this proposition would limit the ability to make proper appeals while proponents of the legislation have labeled the suit a frivolous stall tactic.Sac Sheriff Expedites Concealed Carry Permits: Sacramento County Sheriff Scott Jones, has recently issued a statement regarding his intention to institute a…

Call for Papers: Criminal Mental States

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Behavioral Sciences & the Law announces a forthcoming special issue on Criminal Mental States, to be edited by Christopher Slobogin, a newly appointed editor for the journal. Manuscripts that address the following issues are especially welcome: Original research reports, literature...

Wednesday Open Thread

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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! ]]

Lawyers’ Merry Christmas Cards

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Just for fun, I’ll set out the sentiments from a few lawyers’ Christmas cards: 1. Picture an intense lawyer grilling Santa Claus on the witness stand: “I’ll ask you again sir, did you or did you not look at my client, and in a crowded shopping mall, in front of her children, call her not once, but three times… a ho?” 2. A lawyer making closing submissions in court: “The evidence will clearly show that my client, Mr. Claus, was not the driver of the sleigh the night that Grandma, as the charges read, “got run over by a reindeer”. 3. This time it’s a sleigh full of reindeer being pulled by Santa Claus: “Our lawyers sure know how to negotiate an employment contract.” 4. Husband reading a Christmas card to his wife: “Honey, our lawyer wishes us, but in no way guarantees a Merry Christmas” 5. Child sitting on Santa’s lap in a department store: “Actually my legal counsel has advised me to…

Ohio Supreme Court To Consider Red Light Cameras

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A legal dispute regarding automated traffic cameras, also called red light cameras, has caused disagreement among courts in Ohio. The Ohio Supreme Court recently announced there is a conflict in decisions made in separate cases where Dayton and Toledo are challenging an Ohio law putting restrictions on automated traffic cameras. The Supreme Court is set [...]The post Ohio Supreme Court To Consider Red Light Cameras appeared first on Columbus Criminal Attorney.

Cellphone Passcode No Longer Protected By Fifth Amendment

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I realize that none of you are pigs.  That being said, let’s review a common scenario that will come as a shock to you wholesome readers.  Imagine an attractive woman is shopping in Isle Five–the feminine hygiene isle–and she finds herself surrounded by men looking at the same products.  Are these men purchasing awkward products for their lady at home, or checking her out? Real life example number 2: A friend of mine worked for a major hardware store (their logo is orange, you figure it out).  Roughly 85% of the male employee’s walkie-talkie chatter involves notifying other employees of “yoga pants in Isle 12”, or “short shorts in Isle 22”.  I’m just saying. “The beautiful people” are not the only targets of creepy gawking shoppers.  Sometimes, even the not-so-attractive folks attract a crowd.  To confirm this, visit a website called “The People of Walmart”…

Exum on The Death Penalty on the Streets

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Jelani Jefferson Exum (University of Toledo College of Law) has posted The Death Penalty on the Streets: What the Eighth Amendment Can Teach About Regulating Police Use of Force (Missouri Law Review, Vol. 80, No. 987, 2015) on SSRN. Here...

Vehicle vs Pedestrian crash US95@282

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT Two CASE # L16001637 --------------------- PRESS RELEASE ----------------------------- DATE: 12/21/2016 TIME: 06:25am LOCATION: SB US95@282.2, North of Culdesac VEHICLE #1 ------------- DRIVER Mary Kornoely AGE 53 ADDRESS Culdesac, ID INJURIES? - No HOSPITAL/LOCATION TAKEN ? N/A VEHICLE YEAR 2008 VEHICLE MAKE Saturn VEHICLE MODEL Vue WRECKER N/A SEATBELTS/HELMET WORN? Yes ------------- Pedestrian ------------- SUBJECT: William Bartz AGE 62 ADDRESS Lewiston,…
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