BLM Blamed for Chicago Murder Rate: The former Chicago Police Superintendent told radio listeners Monday that the Black Lives Matter movement shares responsibility for that city's 762 murders of mostly black males in 2016. Fox news reports that Garry McCarthy, who was fired in 2015 over the Laquan McDonald shooting, said that anti-police protesters have legitimized non-compliance. "Chicago is probably the worst example of something that has happened across the country," he said. A Black Lives Matter leader responded saying that McCarthy bore more responsibility for the increased murders than the protesters. Maine's Drug Crisis Worsens: In addition to an epidemic of heroin and fentanyl deaths last year, drug enforcement officers are also dealing with a sharp increase in methamphetamine labs.. David Sharp of the Associated Press reports that in 2016, twice as many meth labs were discovered than during…
News Scan
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Lavado de Activos, investigaciones o coincidencias
Hoy 03 de enero de 2017 se publica en los medios la intervención a once inmuebles propiedad de un conocido personaje a quién en el pasado reciente se le encontraron tres millones de Dólares en barras de Oro, fue investigado, enjuiciado y absuelto, es decir sin participación en la supuesta felonía, por lo menos esa es la información trasmitida por RPP desde el mismo escenario de una de las intervenciones, posteriormente en el horario de la tarde (1.00 pm de hoy) se confirma la intervención y se menciona una investigación sobre la minería ilegal y narcotráfico que debe ser diferente respecto de la cual fue absuelto pero el delito era el mismo “minería ilegal”. Es realmente una coincidencia precisamente cuando el caso Odebrecht le quema las manos a todos los que declaran no tener nada que ver con las coimas ni la corrupción en danza. ¿Por…
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New Cars May Have to Talk to Each Other by 2020
The National Highway Traffic Safety Administration (NHTSA) is constantly striving to improve car safety in the United States. The agency, which is part of the U.S. Department of Transportation, has historically written the rules for vehicle safety in the U.S., such as crash test requirements and quality control issues for car manufacturers. Now, many expect a new NHTSA proposed safety rule requiring cars to talk to each other to become law soon. What is NHTSA’s proposed new rule?After two years of testing and a comment period, the NHTSA is finally ready to move its proposed Vehicle-to-Vehicle (V2V) rule forward to become an actual law. If approved, the V2V law will be Federal Motor Vehicle Safety Standard (FMVSS) 150.If enacted, the NHTSA’s proposal would require all newly manufactured cars sold in the U.S. to be able to “speak” to each other by 2020 using V2V communications. V2V technology uses Wi-Fi to send and receive short-range communications…
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Home Health Aide Allegedly Stole Tens of Thousands from Elderly Patient
A trusted caregiver is facing charges after allegedly stealing almost $60,000 from a Bucks County senior, according to reports from a Philadelphia CBS affiliate. The caregiver was a home health aide hired to provide care to the 78-year-old victim. She now faces fraud and identity theft charges for stealing money from the elderly patient.How did this happen?Financial abuse of the elderly is, unfortunately, not uncommon. Like many other cases, the alleged abuser in this case had access to the senior’s debit card, checkbook, and other confidential financial information because of her status as a trusted caregiver. The financial abuse occurred over an extended period — more than a year — and left the Warminster Township woman out tens of thousands of dollars.Lisa Ann Lehmann-Waters, 47, served as a private-duty home health caregiver for the victim. Between March 2015 and April 2016, Lehmann-Waters allegedly wrote herself unauthorized checks and used a debit card…
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Legal marijuana sales in 2016 in North America exceed $6.5 million after another year of remakable growth
As reported in this new Forbes article, "North American marijuana sales grew by an unprecedented 30% in 2016 to $6.7 billion as the legal market expands in the U.S. and Canada, according to a new report by Arcview Market Research." Here is more reporting on a new report on the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/_SfOE-glYlw" height="1" width="1" alt=""/>
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If tough-on-crime works so well, what's up with murder spikes in Texas cities?
So mass incarceration is working because crime is down, right?Then what to make of the fact that Austin, San Antonio, Dallas, Houston, and Arlington all experienced significant increases in murders this year, as various media outlets have reported (although official data won't be available for a few months as the final cases of the year are categorized)?These increases occurred despite Texas incarcerating more people - including more violent criminals - than any other state in the country. They occurred despite a vast probation and parole system monitoring hundreds of thousands of offenders in the community. They happened at a moment when more Texas cops are employed at more Texas law enforcement agencies than at any time in history, and in an era when Texas prosecutors have been granted nearly unfettered discretion. And it occurred even though the largest faction on the Court of Criminal Appeals essentially finds for the government in almost every case.If…
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Preparing for the 2017 H-1B Visa Cap
Happy New Year! It’s never too early to start preparing for the H-1B Cap for Fiscal Year 2018, and our immigration attorneys are happy to aid your in the process. Demand for the H-1B visa has steadily increased over the years; last year for instance, only about 36% of the H-1B petitions were selected in the lottery. Employers should expect this trend to continue and be prepared to file their H-1B petitions on the earliest possible date, which is April 3, 2017 this year. The H-1B is a significant visa category as it allows qualified professionals to enter the U.S. for employment in a specialty occupation. Due to the ever-increasing demand for the visa, it is important the employers evaluate their employee populations early to ensure that all petitions are submitted by the earliest possible date. Some of the different types of employees eligible for H-1B visas are F-1 Students and L-1B visa holders. Students, particularly those on F…
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“Intent to Operate” is Significant Element in New Jersey Parked-Car DWI Cases
Did you know that you can be charged with DWI even if your car is parked and your keys are in your pocket? People have even been arrested for DWI in New Jersey after they arrived at their destination, exited the vehicle, and sat down at a diner counter to eat. It may seem strange, but it’s extremely risky to try to “sleep it off” in your parked vehicle, a legal situation that Assemblyman John McKeon says that the legislature should revisit. A 43-year-old DWI case highlights the potential for inconsistent application. In State v. John Daly, a man was drinking at a bar in the winter. He left the bar drunk, went to his car, and turned the ignition on so the heater would work, then he went to sleep. He was arrested for DWI, and went to court arguing that his intention was to sleep without getting frostbite, not to “operate” his vehicle. The court agreed with him, and ever since, there has been a risk of inconsistent enforcement of DWI laws. …
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Young Driver Crashes Car into Apartment, Faces DWI Charge in New Jersey
A DWI is problem enough for anyone, but for drivers who are under 21 and charged with drunk driving, a conviction can result in a black mark on your record that can make auto insurance unaffordable or even unavailable to you for years to come. For a young Yardville, NJ, driver, the expenses from his recent drunk driving charge may be higher still. Police say that Thomas Walters, 20, was driving while intoxicated around 3:15 in the morning on Monday, September 5, when his car crashed through a wooden fence at Glassboro’s Campus Crossings Apartments and ended up in the living room of one of the apartments, causing substantial damage. Fortunately, no one was in the unit at the time, but Walters and his 19-year-old passenger fled the scene on foot, returning a short time later, where they were arrested. If convicted, Walters will face the normal consequences of a DWI, including license suspension and fines, but will also likely have to pay to cover the damage to the…
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8 New California Laws that Went Into Effect Jan. 1, 2017
In 2016, California Governor Jerry Brown signed nearly 1,000 pieces of legislation into law. Many of these new laws went into effect Jan. 1, 2017. Here are eight new California laws you need to know about. No More Bullet Buttons (PC 30515, 30900, 30680) Assault rifles, semi-automatic pistols and other guns that did not have fixed magazines and instead could be reloaded by using the tip of a bullet or other tool are banned in California. With the passing of Senate Bill 880 and Assembly Bill 1135 in 2016, owners of these guns will need to register the weapons with the Department of Justice. Failing to do so could result in a sentence of up to 364 days in county jail and a $500 fine. Continue reading →
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GOP Senate Judiciary Chair Chuck Grassley says federal sentencing reform a priority after Trump nominations completed
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¡Hey, señior Congresista don Jonhy Lescano, defienda su proyecto contra la pornografía!
No obstante las múltiples cuestiones sobre las que podría opinar tan o más importantes que el Proyecto de Ley del Congresista ya aludido, debo volver por sobre el tema y no porqué sea un “santo varón” lo dejé muy claro cuando comenté la infeliz participación de Hernán Migoya, un especialista en “comics” y que pueden encontrar en este blog. El artículo que comento es, de lejos, más amplio y respetuoso que el de Migoya, se sostiene en la opinión de personas con alguna presencia en los medios, profesionales de la Medicina y el Derecho, además de invitarnos a leer al Premio Nobel peruano y artículos relacionados. He leído el del Nobel, relacionado con su Novela “cinco esquinas” y “Mitos y verdades de la Pornografía” en Luces del mismo Diario, no he podido profundizar porque no he podido entrar a…
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Why you should NEVER talk to the police and NEVER confess or give statements. EVER.
Every single day people confess to the police. It never ceases to amaze me as to why. You should never, ever talk to the police. Period. However, if you don’t believe me,then perhaps you will believe former United States Supreme Court Justice Robert Jackson when he says, “[A]ny lawyer worth his salt will tell the [client] in no uncertain terms to make no statement to the police under any circumstances.” Watts v. Indiana, 338 U.S. 49 (1949). When a cop calls and say he “needs to talk to you” — no matter how nice he seems, or how nice you are — it is never to your benefit to speak. The cops only call for one reason – to make an arrest. Most of the time a complaint has already been filed against you. Nothing you say will be able to stop your arrest. So why speak? When a cop calls and says he’s investigating “something” and just wants to have a “chat with you” down at…
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Jochnowitz on Capital Sentencing and Intellectual Disability
Leona Deborah Jochnowitz (Hartwick College) has posted two articles on this subject. The first is Whether the Bright-Line Cut-Off Rule and the Adversarial Expert Evaluation of Adaptive Functioning Exacerbates Capital Juror Comprehension of the Intellectual Disability. Here is the abstract:...
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New Fake ID Program New Hanover and Pender County
As of October 1st, 2016, the New Hanover and Pender County District Attorney Office’s has implemented a new program for individuals caught drinking underage with or because the use of a Fake ID. Here’s how this new underage drinking ticket deferred prosecution program will impact New Hanover and Pender County, NC: Prior to this program starting, many individuals caught with Fake IDs simply were required to do more community service. However, with this new program, not only do offenders still have to do more community service, but, they also have to surrender their Driver’s License for a 60-day period. Standard Underage Drinking Ticket Deferred Prosecution Program Due to the large amount of underage drinking citations issued in the New Hanover and Pender County area, the District Attorney’s Office has an Underage Drinking Ticket Deferred Prosecution program in place to help mitigate the damage an Underage Drinking charge could have on a…
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New Jersey Criminal Defense Attorney for Bail Jumping; Default in Required Appearance (N.J.S.A. 2C:29-7)
As in every state, it is a crime in New Jersey to skip out on an ordered court appearance when a criminal summons has been issued. Known as Bail Jumping or Default in Required Appearance (N.J.S.A. 2C:29-7), knowingly failing to appear for a scheduled court date can carry serious criminal sanction by itself, the underlying charge notwithstanding. The core element in proving a Bail Jumping charge – which can apply even if there was no actual bail applied at the time you were released – is that you knowingly failed to appear after a summons was issued. Many people in New Jersey move frequently or don’t have a consistent place of residence. A summons may be sent to an old address, or sometimes not sent at all. There are defenses for Bail Jumping charges, and an experienced defense lawyer can help you take full advantage of them, and head off an additional criminal charge. Don’t be steamrolled by the system when you’ve been charged with a minor…
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Penalties for Bail Jumping; Default in Required Appearance (N.J.S.A. 2C:29-7) in New Jersey
Bail Jumping; Default in Required Appearance (N.J.S.A. 2C:29-7) is charged when a person knowingly skips a court date that has been ordered as a condition of their release from jail. This applies whether or not bail was actually set at the time of your release. The primary element of the charge is that you knew you had a court appearance scheduled for a given day and time and failed to appear for it. The charge is graded according to the underlying charge you are facing. 2C:29-7 is a crime of the third degree if you are being tried for a crime of the third, second, or first degree, and will add an additional three to five years to a sentence if convicted on all counts. Otherwise, the charge is graded in accordance with the underlying charge, so a crime of the fourth degree will carry the danger of an additional 18 months in prison, a disorderly persons offense will carry the danger of an additional six months in prison, and a petty disorderly persons offense will carry the…
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Penalties for Corrupting or Influencing a Jury (N.J.S.A. 2C:29-8) in New Jersey
Corrupting or Influencing a Jury (N.J.S.A. 2C:29-8) is an extremely serious charge in New Jersey that can be graded as a crime of the first degree in certain circumstances. Most seriously, people who use threats or force to influence a jury in cases involving murder, manslaughter, terrorism, aggravated assault, kidnapping, sexual assault, carjacking, and a laundry list of other serious felony crimes will be charged with a crime of the first degree and face a sentence of a decade or more if convicted on the charge. When threats or force are used to influence a juror or jury in a case that doesn’t involve one of those serious felonies, the charge is a crime of the second degree, with a sentence of five to 10 years and a fine of $150,000 if convicted. When threats or force are not alleged to have been used, you’ll be charged at the third degree level, and face a sentence of three to five years if convicted, and fines of $15,000. While most third degree crimes are…
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Building A Legal Practice Designed To Last (Part IV)
Building a Legal Practice Designed to Last: What Are Others Saying About You? Jeffrey Gitomer wrote in his book Customer Satisfaction is Worthless Customer Loyalty is Priceless “when you say it about yourself it’s bragging. When someone else says it about you it’s proof.” Building any business, including a legal business, designed to last is based on what others are saying about you. It’s much like life, you need a good reputation to succeed. Do you care what your clients are saying about you, your staff, and your business? Do you care what other attorneys are saying about you and your business? Do you care what other professionals are saying about you? The good news is that the bar is not set terribly high in terms of people’s expectations of an attorney. How many good things do you hear people saying about attorneys? Have you listened to any attorney jokes recently? In terms of vileness the generic attorney at the butt…
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Court: A Wheelchair Isn’t a Vehicle….Duh!
The surreal "War on Drunk Driving" never ceases to amaze…. In their frantic desire to win votes, satisfy MADD, meet arrest quotas and make money, politicians, cops, prosecutors and judges fall over themselves trying to look tough on DUI. One ridiculous example of this is expanding the entire concept of "driving a motor vehicle under the influence" to include operating anything that moves on a street, sidewalk or parking lot. A few of my past posts reflect this: DUI on a Scooter, DUI in a Wheelchair?, Drunk Driving on a Lawn Mower, DUI – While Walking a Bike, DUI…in a Lounge Chair and Drunk Driving…on a Horse. Every once in a while, however, some court comes along and courageously announces that "The emperor has no clothes"…. Drunken Driver of a Wheelchair Was a Pedestrian, Appellate Court Rules Lincoln County, OR. Dec. 30, 2016 – A man convicted of drunkenly driving his…
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