What It Is And The Penalties The act of attempting to commit a crime is an offense prohibited under Florida Statute 777.04(1). There are two necessary elements that must be proven by the state prosecutor for a person to be convicted of attempting to commit a crime: The person did some act toward the fulfillment of the crime that went beyond thinking about it or talking about it. The person would have been successful in committing the crime but the crime was either prevented from being completed or ultimately failed. The penalties for attempting to commit a crime vary depending upon the offense that the defendant intended to commit. If the intended offense was a capital felony, an attempt of such a crime is a felony of the first degree punishable by up to thirty years prison or probation and a $15,000 fine. If the intended offense was a life felony or first-degree felony, an attempt is a felony of the second degree punishable by up to fifteen years of prison or probation and…
Criminal Attempt In Okaloosa County & Walton County
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Minnesota Considering Criminalizing Peaceful Protests
Over the weekend we witnessed more than a million protesters across the country peacefully voice their concerns over the current social and political climate in America. Hundreds of thousands of women flocked to Washington D.C. to have their voices heard, and roughly 100,000 people participated in a demonstration here in St. Paul. Reports suggest that these were very peaceful protests, but if lawmakers get their way, future protesters may face criminal charges for their actions. Criminalizing Protests Republican lawmakers in five states have drafted bills that seek to defer certain types of protests. In Minnesota, the proposed bill seeks to dramatically stiffen fines for any protesters who block freeways or highways, and it would allow prosecutors to seek up to a full year in jail for protesters who obstruct roadways. Here’s a look at the proposals in the four other states: In North Dakota, lawmakers introduced a bill that would allow motorists to run over and kill…
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Rounding up some diverse prison stories from the industrial midwest
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See mo Grits, hear mo Grits: Two speaking gigs this week
The Lord blessed your correspondent with a face made for radio and a voice made for print, Grits has often observed (the missus once ruefully added, "and opinions best reserved for solitary reflection"). But apparently somebody thinks it's a good idea I should speak in public and, as fate would have it, Grits has a couple of speaking gigs this week in Austin about which I thought I'd make readers aware:On Wednesday at the Deadliners Club, a local journalist's gathering, I'll be on an hour-long discussion (7pm - 8pm) on journalism and activism at Rio Rita on 12th and Chicon. Abby Rapaport is moderating, with Forrest Wilder and Jessica Luther also weighing in. The panel will focus on distinctions between opinion, news, and fake news. Grits hasn't practiced professional journalism in a quarter century, but I was apparently invited to expound/defend portions of Grits' Ten Maxims for Making Journalism Relevant in the 21st Century, which…
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DUI Attorneys in Las Vegas
Many people who are charged with a DUI in Las Vegas feel like there is no hope for their situation. With the police saying that a breath or field sobriety test was failed, it can seem like there’s no way out. However, it would be a grave mistake for anyone who was arrested for a DUI to not speak with an attorney. Call DUI attorneys in Las Vegas to learn more about how to defend yourself. With an advanced knowledge of applicable laws and considerable experience relating to the science of detecting when drivers are under the influence, a dedicated Las Vegas DUI lawyer is your most important ally. With their comprehensive familiarity with NRS Chapter 484C, you can rest assured that your attorney will do everything possible to get the charges against you reduced or dropped. Nevada’s DUI laws cover both drinking and driving and driving while drugged. Both are referred to as “DUI,” or “driving under the influence.” The court may convict you of this…
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Tuesday Open Thread
I'm tired of reading and writing about the man currently occupying the oval office and his family. Much more pleasant and garnering millions of views per video on Instagram is Nusret Gökçe, aka #SaltBae, the incredibly good-looking, sexy,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"ME VISTO COMO QUIERO Y CON QUIEN QUIERO ME DESVISTO"
Ayer 23 de enero de 2017 en el Canal del Estado, noticiero de las 08 de la noche se comentó el pronunciamiento de la Conferencia Episcopal sobre la "identidad de género", seguidamente la posición contraria sólo por algunos segundos, "no existe tal cosa" dijo una maestra y una señorita o señora, "de que se quejan" ésta señorita, profesora también, tenía la frase de esta entrada, en un cuadro de fondo negro y letras blancas. Si ese avisito llegara a los ojos de nuestros hijos y/o nietos, no imagino su reacción ni las consecuencias futuras. Les informo que la lucha de los homosexuales en el mundo y el reconocimiento (parcial) de "derechos" que creen que les asisten, data del año 2000 cuando Holanda fue el primer que legalizó el "matrimonio" homosexual, es decir ES POSIBLE saber cuales fueron sus efectos, hubieron…
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Virginia reckless driving- Texting and driving will not be criminalized, for now
On December 31, 2016, I blogged about Virginia Senate Bill 860, which would have criminalized texting and driving and most other cellphone use when coupled with any violation of the traffic code and other traffic laws, by making such behavior reckless driving, which is a Class 1 misdemeanor jailable up to one year and allowing a driver’s license suspension for up to six months. Praised be the Virginia Senate Transportation Committee member majority who on January 18, 2017, declined taking action on the bill, for now. The vote to take no action on the bill was a narrow 7-6, so this bill may not stay under wraps. Therefore, if you oppose such criminalizing of cellphone use, please tell your Virginia state senator and delegate.
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Contract Theory: A View From the Other Side of the Altantic
Martijn W. Hesselink, Contract Theory and EU Contract Law, in Research Handbook on EU Consumer & Contract Law (Christian W. Twigg-Flesner ed., forthcoming), available at SSRN. Eyal Zamir Some analyses are particularly suitable for novices, while others suit experts. Few analyses may be of interest to both. Martijn Hesselink’s contribution to a forthcoming handbook on EU Consumer and Contract Law belongs to the latter category. In this chapter, Hesselink discusses the “mismatch between much of the existing contract theory, on the one hand, and EU contract law on the other.” Ostensibly, this discussion is only relevant to a narrow audience—namely, the rather few (especially in the United States) who are interested in both contract theory and EU contract law. In fact, however, this chapter would benefit anyone interested in contract theory even if they have little interest in EU law—or conversely, anyone interested in EU contract law who may…
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Divorce Issues: Calculating Spousal Support
Each state has its own guidelines for calculating spousal support. Generally, factors which may be considered in determining alimony include:. The length of the marriage The needs of the recipient The relative earnings of each party Career sacrifices made to benefit the family (i.e. one parent gave up a career to raise children or one spouse worked so the other could complete a college degree) The earning capacity of each party The ability to pay spousal support The lifestyle of the spouses during the marriage The age of the parties The property divided by the spouses The ability of the recipient to earn income in the future Completing an analysis of the expected post-divorce cash flow can help sort out these issues. In such an analysis, the expert may include the wages each party will earn, the investment income each may receive, assets available for investment, taxes required to be paid by each, and projected short-term and long-term expenses of each spouse. Calculating…
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NY Times To Resurrect The Serial Campus Rapist Myth
Anyone with a smattering of knowledge about the wild west of campus sexual assault hysteria would know that the study by David Lisak was utterly, thoroughly, totally debunked. And, for a brief shining moment, it disappeared from the dialogue, as relegated to the trash bin of “fake news.” It’s back. Pulitzer Prize winning reporter, Stephanie Saul, takes the lead in resurrecting the myth: For several years, researchers have been fiercely debating how many campus rapes are committed by serial offenders. A 2002 study based on surveys of 1,882 college men and published in Violence and Victims, an academic journal, found that as many as 63 percent of those who admitted to behaviors that fit the definition of rape or attempted rape said they had engaged in those behaviors more than once. But in 2015, a study of 1,642 men at two different colleges was published in JAMA Pediatrics and found that while a larger number of men admitted to behaviors that constituted rape,…
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MA: Anonymous tip only corroborated on obvious details not sufficient
The state failed to corroborate at all the basis of knowledge or reliability of the anonymous source. The described car showing up at the appointed time isn’t enough. Commonwealth v. Pinto, 2017 Mass. LEXIS 21 (Jan. 23, 2017): “To establish … Continue reading →
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Park et al. on Economics of Cybercrime
Jiyong Park, Daegon Cho, Jae Kyu Lee and Byungtae Lee (Korea Advanced Institute of Science and Technology (KAIST) - College of Business, Korea Advanced Institute of Science and Technology (KAIST) - College of Business, KAIST Business School and College of...
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North Carolina Supreme Court Upholds a Magistrate’s Finding of Probable Cause to Issue Search Warrant to Search Home for Drugs
On December 21, 2016, the North Carolina Supreme Court in State v. Allman upheld a magistrate’s finding of probable cause to search a home for drugs, and it reversed a contrary ruling in this case by the North Carolina Court of Appeals. The Allman ruling is the subject of this post. Allegations in search warrant affidavit. A Brunswick County deputy sheriff stopped a car driven by Black in which his half-brother, Whitehead, was a passenger. The deputy searched the car and found 8.1 ounces of marijuana and $1,600 in cash. During the stop, Whitehead said that he and Black lived at 30 Twin Oaks Drive in Castle Hayne, and they were going there before the deputy stopped them. The affiant officer, a New Hanover County deputy sheriff, discovered that both men had prior drug arrests or convictions. The affiant officer went to 30 Twin Oaks Drive the same day as the stop and spoke to the two men’s mother who lived there. She told the officer that the two men lived at 4844…
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UT: Def counsel failed to provide effective assistance in getting 4A issue before court for resolution
Defense counsel failed to adequately defend the accused on his motion to suppress by not briefing and failing to get it before the court for a hearing, essentially abandoning the client. The issue was left cloudy enough in the record … Continue reading →
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Silencing Nair Rodriguez: Of Pigs, Cowards And Killer Cops
Nair Rodriguez has damn good reason to be angry and emotional. Her husband, Luis, was killed by police in front of her and her daughter, in Moore, Oklahoma. The underlying facts of this killing, which never made “big” news at the time, were sadly pedestrian. Luis, age 44, his wife Nair, and their then 19-year-old daughter, Luinahi, went to the movie theatre and together watched a movie, Robocop. The theatre served alcohol and although there were security officers working at the theatre (two off-duty game warden officers and one off-duty Moore police officer), local Moore police were summoned because of intoxicated patrons in the theatre. However, Luis and Nair were not the intoxicated patrons. The autopsy revealed no alcohol in Luis’ bloodstream. Rather, in the parking lot of the theatre, Nair and her daughter had a dispute and Nair slapped her daughter. In fact, in the video you can hear Nair telling the officer that their daughter “has been treating…
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"Judge Gorsuch & Johnson Resentencing"
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Extreme Over-Reaction to Katie Rich's Tweet
You'd never know it from the news headlines, but as the San Francisco Chronicle reports, there are people supporting SNL's Katie Rich, who tweeted a joke about Barron Trump, deleted it and got suspended by NBC, notwithstanding her profusive... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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OH3: CI invited in can record def in home
It does not violate the Fourth Amendment for a CI invited into defendant’s house for a drug deal to surreptitiously video record it. State v. Valdez, 2017-Ohio-241, 2017 Ohio App. LEXIS 242 (3d Dist. Jan. 23, 2017). Defendant claims he … Continue reading →
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Two Governors dealing with prison overcrowding problems in distinct ways
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