Municipal codes, as they relate to real property, serve to protect the welfare of local communities. They set standards for health and safety and aim to prevent treacherous conditions that may not be obvious to the lay person. Code violations may result in fines and will require that the owner of the offending property remedy the issues at their own expense. Existing code violations present issues for prospective buyers of property and may impact the marketability of title. Municipal Code Violations Run with the Land In Florida, code violations “run with the land.” This means that buyers of property found to be in violation of municipal code may be liable for bringing the property into compliance. This has been the case since 1997 when the Florida Court of Appeals rendered its decision in Monroe County v. Whispering Pines Associates. The court there said that “by necessity and logic…as the party who has the power to bring the land into code compliance,…
Municipal Code Violations May Impact Your Home’s Title
↧
↧
Seventh Circuit panel affirms above-guideline drug sentence ... with Judge Posner suggesting USSC involvement would be better than a sentencing "hunch"
↧
New California Law Prohibiting Employers from Asking about Juvenile Criminal Records Takes Effect January 1
A new law that prohibits employers in the state of California from asking about a job applicant’s juvenile criminal records is set to take effect January 1of the new year. Assembly Bill (A.B.) No. 1843 amends Section 432.7 of the California Labor Code to prohibit employers from asking about or considering one’s juvenile records or involvement in the juvenile system if it did not result in a conviction. It also would bar employers from using the information as a condition of employment. In other words, it will soon be illegal for an employer to ask a job applicant about or consider “information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law.” Currently, the California Labor Code prohibits private and public sector employers from asking a job applicant to disclose information on an arrest or…
↧
Felony Driving Under the Influence
The Denver Post wrote a long article on how Judges are handling and sentencing offenders of a felony DUI. I have handled many felony DUIs and prosecutors around the Colorado have taken hard-line on resolving these cases. With few exceptions, the initial offer to resolve the felony DUI is an agreement on a length of time in prison or an agreed upon sentence to community corrections. You need an attorney to guide you through these cases as there are numerous pitfalls. The legislation in the bill to create the felony DUI specifically stated that prison is the LAST resort for offenders only when treatment options have failed. Some prosecutors look at prison as the starting point. Below is the article from Christopher Osher from the Denver Post. By CHRISTOPHER N. OSHER | cosher@denverpost.com PUBLISHED: September 2, 2016 at 12:58 pm | UPDATED: September 2, 2016 at 6:40 pm Colorado judges are handing out wildly different sentences for habitual…
↧
Under What Circumstances Can My Criminal Case Be Reopened If I Was Found Innocent?
If you’ve been pardoned or acquitted of a criminal offense, the term “double jeopardy NRS 412.378″ will surely take on a deep meaning. This valid legal concept means to protect anyone from being tried twice for the identical crime. In other words, once the courts have either convicted you of a criminal offense or found you innocent and set you free, you should be able to rest assured that you will never stand trial for that identical crime again. Doesn’t the Fifth Amendment guarantee it? Same Crime, Different Time Suppose you stood trial for robbing the corner jewelry store in May of last year. Your lawyer successfully pled your case, and the jury found you innocent. Now it is December of the same year, and here you are under arrest again, once more accused of robbing the same jewelry store. Although the cops caught you red-handed doing the same thing at the identical location, this escapade counts as a new and different crime, and double jeopardy…
↧
↧
¡¡Hey señor Congresista Lescano, defienda su proyecto anti pornografía!! 2
Los medios no se atolondran, están acumulando datos para –según ellos- que el proyecto del Congresista, señor Johny Lescano sobre eliminación de la pornografía en Internet en Perú como es natural. Se vaya al archivo y no se vea durante la presente gestión gubernamental. En el diario Perú 21 de lo que he alcanzado a leer sobre el tema, han escrito el experto en “comics” Hernán Migoya, luego el señor…y finalmente el señor Diego Pereira que nos brinda estadísticas sobre la cantidad de veces que se ha visto “porno”, en el Mundo en el que está incluido el Peru y dentro de este a mi humilde persona. El señor Pereyra articula la información estadística con sus comentarios respetuosos por su brevedad, más en mi opinión no deja de tener un aire burlón al proyecto. Muy bien, el señor Pereyra,…
↧
When Can Patients Be Offered Free or Local Discounted Local Transportation Without Violating the Anti-Kickback Statute? OIG Releases New Rules and Safe Harbor Guidelines for Free and Discounted Transportation to Established Patients.
One persistent and tricky regulatory issue in healthcare is when can patients be offered free or discounted local transportation without it being deemed a violation of the Anti-Kickback Statute (AKS)? In other words, when is offering transportation part of promoting access to care and not a prohibited inducement or a recruiting tool? Good news: the healthcare industry have new guidance from the Office of the Inspector General (OIG). However, these sets of rules will be effective on January 6, 2017 and if your transportation program does not meet the criteria, your business will be out of compliance.The OIG's final rule 42 CFR 1001.952 adds certain “low risk” safe harbors under the AKS including protection for free or discounted local transportation services that meet specified criteria. Transportation is the focus in this blog post.How and When Can You Give Free or Discounted Local Transportation Services to Patents Without Violating the…
↧
NHTSA Pushes for Alcohol Detection Locks on All Cars to Curb DUI
The National Highway Traffic Safety Administration recently announced it would be prioritizing a reduction of drunk driving deaths this year. One of the ways agency officials will seek to do this is by exploring mandatory driver alcohol detection systems, better known as “breathalyzers” or “interlock ignition.” These devices have been around for a while, but are usually only required by a judge following a drunk driving conviction. In Florida, F.S. 316.193 requires interlock ignition devices be installed on vehicles of certain persons convicted of DUI. The court has the option to require installation for a first-time conviction on a DUI charge, but it isn’t mandatory unless the driver had a blood-alcohol concentration of 0.15 or higher, in which case it must be installed for at least six months. For a second conviction, it has to be installed for at least one year, or two years if the BAC was 0.15 or higher. For a third conviction, ignition…
↧
Two Vehicle Fatality Crash near Heyburn
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 01/06/17 7:05 p.m. Please direct questions to the District Office On Friday, January 06, 2017, at approximately 8:25 a.m., Idaho State Police investigated a two-vehicle fatality crash on Interstate 84, at exit 211, near Heyburn. La Rue Mitchell, 72, of Twin Falls, was driving a 2007 Dodge Pickup westbound when the vehicle slid sideways and was struck by a 2012 Volvo Semi Tractor Trailer, driven by Yuriy Novruk, 42, of Vancouver, WA. Mitchell succumbed to her injuries at the scene. Both drivers were wearing seatbelts and next of kin have been notified. NEH/JW -------------
↧
↧
AntiWar.com: There’s Little Reason To be Optimistic About Trump and Privacy
AntiWar.com: There’s Little Reason To be Optimistic About Trump and Privacy by Lucy Steigerwald: It’s still impossible to know what president-elect Donald Trump will do. His statements over the past 18 months, and before, have often contradicted each other on … Continue reading →
↧
The Legal Intelligencer: Will Technology Change the Interpretation of the Fourth Amendment? Part 2
The Legal Intelligencer: Will Technology Change the Interpretation of the Fourth Amendment? Part 2 by Leonard Deutchman: Last week, I discussed the case, United States v. Ganias, 824 F.3d 199 (2nd Cir. 2016), cert. denied, No. 16-263 (S.Ct. Dec. 5), … Continue reading →
↧
Tribune-Review: Equal enforcement for all: Set StingRay standard (Editorial)
Tribune-Review: Equal enforcement for all: Set StingRay standard (Editorial): A new, bipartisan House Oversight and Government Reform Committee report rightly calls for a national standard governing all federal, state and local law enforcers’ use of devices that mimic cellphone towers … Continue reading →
↧
W.D.Ky.: Apparent hand-to-hand transaction in high crime area is RS; officers don’t have to actually see the drugs
Officers don’t have to actually see drugs pass in an apparent hand-to-hand transaction in a high crime area to have reasonable suspicion. Reasonable suspicion isn’t a certainty. United States v. Slaughter, 2017 U.S. Dist. LEXIS 569 (W.D.Ky. Jan. 4, 2017): … Continue reading →
↧
↧
Two Vehicle Crash NB I-15 North of Fort Hall
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 01/06/2017 11:20 P.M. Please direct questions to the District Office On Friday, January 06, 2017, at approximately 5:52 p.m., Idaho State Police investigated a two vehicle crash northbound on I-15 near milepost 89, north of Fort Hall. Anjuali Bhattarai, 23, of Pocatello, ID, was driving a 2003 Toyota Camry northbound on I-15. Bhattarai drove off the right shoulder of the roadway, overcorrected, and then re-entered the lanes where her vehicle was struck by a 2005 Ford F250 driven by John M. Schlaf, 53, of Huntsville, UT. Bhattarai and her passenger Rachana Luitel, 24, of Pocatello, ID, were transported by ground ambulance to Portneuf Medical Center in Pocatello. All subjects were…
↧
Crash Blocks SH50 Near Hansen Bridge
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 04:55am 01/07/2017 Please direct questions to the District Office Idaho State Police is investigating a crash eastbound on SH50 at mile marker 3, near the Hansen Bridge. Both lanes of travel are blocked at this time. Motorists should expect delays. ln/jds -------------
↧
An Expert Opinion
Every lawyer is, by definition, an expert. If you wanted to call a lawyer to the witness stand to ask her legal opinion, the only qualification required would be bar admission. But, of course, every lawyer is not an expert in the non-legal definition. More significantly, put ten lawyers on the stand and you’ll get ten different opinions, a few of which may be totally batshit crazy. The point isn’t that the ten lawyers who disagree are wrong, but that “expertise” does not assure a “correct” opinion. Indeed, there often isn’t a correct opinion, but there are incorrect opinions. And this is just as to law. There are an infinite number of issues upon which opinions can be formed. Some require no expertise (which tastes better, chocolate or vanilla?) and every opinion is just as valid as every other (yes, there will be that person without taste buds. Just stop). Other areas of inquiry require a foundation of base knowledge before a person…
↧
Criminal Defense Attorneys in Las Vegas
An arrest on criminal charges can have life-changing consequences. From paying a fine or serving a sentence of probation to having to spend the rest of your years in prison, it’s safe to say that your existence will be changed forever. Because criminal charges can have such terrible consequences, it’s crucial that you begin working with a Las Vegas criminal defense attorney as soon as possible. Too many people make the critical error of speaking with the police without having an attorney present. It’s natural to want to trust the police. They are supposed to be there to protect the people. However, they are also paid to get a job done, and they aren’t always particularly scrupulous in how they go about it. Their goal is to close cases. Accordingly, they will try to trick you, and they will try to trip you up. Even if you firmly believe in your own innocence, the police have been trained in advanced interrogation techniques that can have you beginning to…
↧
↧
Techdirt Got Gawkered
Did Shiva Ayyadurai invent email in 1978? Who cares? Not me, but Dr. Ayyadurai does. So too does Techdirt’s Mike Masnick, because that’s the sort of stuff that interests him. All of which is fine, because there’s no reason in the world for Mike to not be interested in whatever he’s interested in, and no reason for Mike to give a damn whether or not it interests me. But what does interest me is that he, and Techdirt, and others involve with Techdirt, are being sued to Charles Harder, the lawyer funded by Peter Thiel to “get” Gawker in the Hulk Hogan case. For what? For disputing Ayyadurai’s claim of having invented email. Or at least, the email we use today. 41. On or about March 8, 2016, Defendants published on their website, Techdirt.com, an article authored by Defendant Masnick with the headline: “Guy Who Pretends He Invented Email Whines At Every Journalist For Writing Obit Of Guy Who Actually Helped Create…
↧
Sessions AG Hearing Tuesday
The Senate Judiciary Committee will hold a hearing on the nomination of Sen. Jeff Sessions to be Attorney General on Tuesday at 9:30 a.m. So far, the only live broadcast link I have found is audio at Capitol Hearings, a service of C-SPAN.
↧
Drunk Drivers Threatened with Nickelback
In what appears to be an attempt to curb driving while giving a nod to the cult classic “Super Troopers,” one police force in Canada warned potential drunk drivers that if they drive drunk during the holiday season, the will get caught, pay fines, lose their license, and, as an added bonus/punishment, they will be forced to listen to their copy of a “Nickelback’s Silver Side Up” cassette tape, of which a photo was featured in their warning, according to a recent news release from UPI. We can only assume they still have cassette players in their police cruisers. While this announcement clearly was made at least partially in jest, the police were very serious about their warnings to potential drunk drivers, and this was just a novel way to get their attention. The reality is that many people drink more than they normally do over the holidays. This is due to office parties, family gatherings, and added stress in general during this time of…
↧
More Pages to Explore .....
