Expunctions – The General Rule Generally, if a person is arrested on multiple charges and at least one of the charges result in a conviction, the conviction will prevent an expunction of the underlying arrest. An opinion issued by the Court of Appeals in Dallas serves as a reminder that there are exceptions to this general premise in certain circumstances. In Texas v. T.S.N., the defendant was arrested for two offenses from two different dates at the same time. The first of the two offenses was a misdemeanor theft charge. The second of the two offenses was an aggravated assault with a deadly weapon charge. The defendant pled guilty to theft and was convicted. The defendant pled not guilty to the assault charge and was acquitted. The defendant filed a motion to expunge the record of the assault after being found not guilty. The prosecutor opposed the motion for expunction because the defendant was convicted for at least one of the offenses for which she was arrested. The…
Expunction After One Arrest Results in One Conviction and One Acquittal
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Expunction After One Arrest Results in One Conviction and One Acquittal
Expunctions – The General Rule Generally, if a person is arrested on multiple charges and at least one of the charges result in a conviction, the conviction will prevent an expunction of the underlying arrest. An opinion issued by the Court of Appeals in Dallas serves as a reminder that there are exceptions to this general premise in certain circumstances. In Texas v. T.S.N., the defendant was arrested for two offenses from two different dates at the same time. The first of the two offenses was a misdemeanor theft charge. The second of the two offenses was an aggravated assault with a deadly weapon charge. The defendant pled guilty to theft and was convicted. The defendant pled not guilty to the assault charge and was acquitted. The defendant filed a motion to expunge the record of the assault after being found not guilty. The prosecutor opposed the motion for expunction because the defendant was convicted for at least one of the offenses for which she was arrested. The…
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DE INCENDIOS Y REFORMAS
http://larepublica.pe/impresa/opinion/852961-anticorrupcion-unas-de-cal-otras-de-arenahttp://larepublica.pe/impresa/opinion/852959-hay-mucho-que-salvar-del-incendio “Hoy resulta que es lo mismo ser derecho que traidor” parte de la letra del Tango “Cambalache” escrito a mediados de la década de los treinta en el siglo pasado. En los dos enlaces que comparto y la famosa “marcha contra la corrupción” para quien quiere leer, ver y oír alude directamente al Tango citado, fatalmente es sólo el acomodo de los mismos granujas que han estado a la sombra del poder esperando su oportunidad. ¡Hay mucho que salvar del incendio! y ¡hay que reformar el poder judicial! Son los dos grandes temas abordados por sus autores, en el primero se pretende comparar la sociedad peruana con aquellas que están años luz en desarrollo humano y científico aunque no exenta de corrupción, apelando…
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When A Threat Becomes A Crime
A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife, or to a judge is a federal felony, punishable by as much as 20 years in the federal penitentiary. But what constitutes a threat? What if the person sending a letter or email is merely angry and has no intention of carrying out the threat? What if the author is demonstrably suffering from mental problems? And are there times where the pre-trial process greatly exceeds the length and difficulty of the eventual trial of a threats case? When it comes to threatening communication prosecutions, federal prosecutors are increasingly finding themselves stuck at the intersection of crazy and criminal. It is a juncture where…
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Remembering that many crimes go unreported to police and that those reported often go unsolved
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EXCLUSIVE – Guilty Plea in Short Sale Fraud
Mortgage Fraud Blog. Rosemary Anton, Phoenix, Arizona, was charged by information in a short sale fraud and pled guilty to one count of conspiracy in the United States District Court for the District of Arizona. Sentencing is scheduled for May 8, 2017. According to the Information, in March 2005, Anton purchased a home located at 3612 East Elm Street, […] The post EXCLUSIVE – Guilty Plea in Short Sale Fraud appeared first on Mortgage Fraud Blog.
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"First, They Came for the Sex Offenders … "
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¡¡JUGUEMOS AL GRAN BONETÓN!!
http://elcomercio.pe/politica/actualidad/juan-monroy-insiste-su-version-sobre-informe-interoceanica-noticia-1972691?ref=portada_ho En el asunto de la interoceánica sur los actores principales previos a la firma del contrato le echan la culpa al otro y como siempre todo terminará en nada. En RPP hoy entrevistaron al Abogado Juan Monroy Gálvez, antes de ir al “corte” las preguntas de la señora Patricia del Río y de otro señor (no el señor Raúl Vargas que no hizo ninguna pregunta) eran muy incisivas, al retomarla la señora del Río bajo el tono y después de un minuto terminó la entrevista. Pueden leer, en el enlace que comparto, las respuestas del Abogado Monroy Galvez, de ella he copiado la siguiente: — ¿Entonces cambian las fechas porque necesitaban el informe como base legal? Sospecho. Y por esa razón cuando llega después la insertan. Esta es…
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"Can we make cannabis safer?"
The title of this post is the title of this notable new piece from a group of doctors appearing in The Lancet Psychiatry. Here is its summary: Cannabis use and related problems are on the rise globally alongside an increase in the potency of cannabis sold on both black and...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/k1WCCGN-UcQ" height="1" width="1" alt=""/>
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Dallas County Bond Schedule 2017
The latest Dallas County Bond Schedule has been placed into Michael Lowe’s Digital Library on Scribd. It’s provided for free as a public service. The Dallas County Bond Schedule is effective February 2017. As explained in the document: “These are recommended amounts. Bonds may be set higher or lower than the amounts shown if justified by the facts of the case and the circumstances of the defendant.” Dallas County Bond Schedule 2017 by Michael Lowe, Attorney at Law on Scribd The post Dallas County Bond Schedule 2017 appeared first on Dallas Justice.
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The Anti-DWI Device
Recently, a friend asked me about a newfangled anti-DWI device that he had heard about. What is it? What does it do? The device is called an ignition interlock. They’ve actually been around for a while now. Of course, it’s been headline news due to the recent case that went viral. The case involved a thirty-six-year-old woman that was charged with DWI. What made the case unusual was her use of the device. She had the device in her car as a condition of probation. The problem was that she was still driving around drunk. But instead of her blowing in the device, she was having her eight-year-old daughter blow into the device. The plan didn’t work out very well as she crashed her vehicle and was charged with another driving while intoxicated offense. It was not a Texas case. Here, if you are caught driving while intoxicated with a minor in the vehicle you are charged with a felony. So,…
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Two Men Arrested in Costa Mesa for Alleged Sex Trafficking
According to prosecutors, two men were arraigned in Orange County Superior Court on charges of trafficking and attempted pimping of a teenage girl in Costa Mesa. The two men, one 25 years old and the other 23 years old, also face charges for pimping a woman for sex, according to the Orange County DA office and the Orange County Human Trafficking Task Force. The two men were arrested on Saturday night in Costa Mesa on suspicion of attempting to pimp a teenage girl and a woman between May 2016 and June 2016 in an area of Costa Mesa that is known for prostitution, the statement said. Continue reading →
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When Can You Get Compensated for Pain and Suffering in California?
A serious accident can have many negative effects on the victim. In addition to suffering huge financial losses from medical bills, missed time at work, and potentially, a reduced ability to earn income, accident victims also endure terrible pain and suffering from their injuries, sometimes continuing for many years after the accident takes place. Fortunately, California’s laws generally permit injury victims to pursue compensation for pain and suffering, along with their medical bills and other financial losses. Our Ventura personal injury lawyers explain some key information about pain and suffering damages in California, including when you can get compensated for pain and suffering, and how the value of pain and suffering is calculated. When Can You Sue for Pain and Suffering in California? When a person is injured in a car accident, a slip and fall accident, or another type of accident, he or she may be entitled to financial compensation or…
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Bill bows to pragmatism, overburdened muni, JP courts to help indigent
One of the first bills up in the Texas House Criminal Jurisprudence Committee this year, HB 351 by Rep. Terry Canales, would eliminate certain "Debtors Prison" practices in Texas municipal and Justice of the Peace courts related to indigence and Class C misdemeanors. (HB 50 by Corrections Committee Chairman James White is an identical bill.) The bill is on the agenda for Monday's CrimJur hearing.In particular, HB 351 would eliminate the requirement that judges wait until a defendant has defaulted on payments before declaring them indigent, making them eligible for community service or to have their fees waived at the time of sentencing instead of waiting for them to fail.As it happens, the most detailed explication of these problems comes from a Grits for Breakfast guest post by Ted Wood, formerly of the Office of Court Administration and now at the Harris County Public Defender Office. Read it for more background.To Grits, this is a question of values. What does…
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Michigan Driver’s License Restoration and Clearance Evidence Standard of Proof
To win a Michigan driver’s license restoration or clearance appeal, you have to prove 2 specific things: First, that your alcohol problem is “under control,” meaning that you can fix a sobriety date, and second, that your alcohol problem is “likely to remain under control,” meaning that you are a safe bet to never drink again. In this article I want to shift the focus from the specific things you have to prove to to how you prove them. This is called the standard of proof. Most readers will recognize that, in a criminal case, for example, the standard of proof required to convict someone of a crime is proof “beyond a reasonable doubt.” To win a license appeal pending before the Michigan Secretary of State’s Administrative Hearing Section (AHS), the body that decides whether you get your license back or not, you must prove your case by what is called “clear and convincing evidence.” If you…
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Theft Crimes in Las Vegas
Nevada law defines several different theft crimes. While some of these are misdemeanors, others are felonies. Regardless, a conviction can carry various long-term consequences that make life difficult for the accused even years down the road. Hiring a capable theft crimes attorney in Las Vegas is the best way to ensure a better outcome for your case. One of the most common theft crimes in Nevada is petit larceny, in which the amount of money or items stolen does not exceed $650. This crime is defined under NRS 205.240. If you are a first-time offender, it may be possible to have your case dismissed if you agree to make restitution, pay a fine and complete petit larceny school. Grand larceny, where the theft involves money or items that are valued in excess of $650, is found under NRS 205.220. The outcome of these cases can vary widely depending upon the unique circumstances of the situation and the defendant’s criminal record. With the assistance of an aggressive Las…
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Washington Supreme Court rules Eighth Amendment precludes applying mandatory minimum adult sentencing scheme to juvenile offenders
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N.J.S.A. 2C:12-1A Simple Assault – Bar Fights in New Jersey
Assault charges are a serious matter that often are the result of the most trivial encounters. A friendly debate at a local bar between a New York Rangers and New Jersey Devils fan gone awry or a shouting match at a wedding afterparty that went too far. You may have been the victim, the target of an obnoxious individual, and had no choice but to use force to defend yourself. All of these scenarios can lead to assault charges under the New Jersey Criminal Code. If charged with N.J.S.A. 2C:12-1A Simple Assault, the penalties under the New Jersey Criminal Code can be severe. Along with fines of up to $1,000 and jail time of up to 6 months, the most serious consequence under N.J.S.A. 2C:12-1A is a guilty plea that will result in a criminal record. Having a Simple Assault charge on your criminal record has a very negative effect on future employment and educational opportunities and will affect you for the rest of your life. The statute which defines Simple Assault provides that: A…
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Three Vehicle Crash Blocks I84 in Jerome County.
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: 03/02/17 7:50 P.M. Please direct questions to the District Office On Thursday, March 2, 2017, at approximately 4:30 P.M., the Idaho State Police investigated a three-vehicle, property damage crash on westbound Interstate 84 near milepost 197, in Jerome County. Kiersten Lancaster, 18, of Burley, was driving west on I84 in a 2012 Volkswagen Jetta. Lancaster yielded and stopped in the left lane of travel due to slowing traffic for a crash at milepost 194. Michael Mercado, 19, of Burley, was driving behind Lancaster in a 2016 Chevrolet Malibu. Mercado came to a stop behind Lancaster's vehicle. Garrett Mussmann, 19, of Murtaugh, was driving west in a 2016 Ram 350…
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Florida’s Stand Your Ground Statute - the Pretrial Immunity Hearing
This article is not intended to be legal advice. If you need legal advice about a criminal accusation involving something that happened in the past, seek out the services of a criminal defense attorney. If you need advice about what might happen in the future, you probably need advice from someone other than a criminal defense attorney.These areas of the law are not well settled under Florida law and speculation about what the pending litigation might mean for people facing prosecutions if the legislation is passed.2017 SB 128Senate Bill 128, proposed in 2017, might change who has the burden of proof during pretrial hearings to evaluate a defendant’s claim of immunity based on a justifiable use of force under Florida’s Stand Your Ground Statute. Florida law currently provides the defendant a right of immunity from criminal prosecution and civil action if the person is justified in using force.In criminal prosecutions, the courts often determine on a pre-trial basis…
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