The best resolution of any criminal case is for the charges to be dismissed. This can happen in any number of ways but one of the easiest for any defendant who does not want to have a criminal record is to enter and then successfully complete a pretrial intervention program. This program is only available in Florida for state arrests. Unfortunately there is no pretrial intervention program for federal criminal arrests that occur in Florida.The program is not offered on every felony or misdemeanor, but in many cases it may be an effective way to get a case dismissed with prejudice (meaning that the State Attorney's Office may not refile the case against the Defendant any time in the future). In the five most effective ways to have criminal charges dismissed in Florida I gave the following account of the program:Pretrial Intervention Program:Charge is Dismissed with no JailA defendant with no criminal record charged with a crime may under certain conditions enter a special…
HOW FELONY & MISDEMEANOR CRIMINAL CHARGES ARE DISMISSED WITH A PRETRIAL INTERVENTION PROGRAM
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Repeal and Replace
President Trump has issued this Executive Order titled, "Presidential Executive Order on Protecting the Nation from Foreign Terrorist Entry into the United States." Section 13 provides:Sec. 13. Revocation. Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order.Daniel Nasaw describes the differences in the old and new orders for the WSJ.When a case becomes moot pending review, the lower court decision should be vacated and cease to have effect as precedent. This is called the Munsingwear rule. "The point of vacatur is to prevent an unreviewable decision 'from spawning any legal consequences,' so that no party is harmed by what we have called a 'preliminary' adjudication." Camreta v. Greene, 563 U.S. 692, 713 (2011), quoting United States v. Munsingwear, Inc., 340 U. S. 36, 40-41 (1950). In other words, the rule facilitates getting rid of bad law that can no…
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Johnson on Jury Selection Data
Liz McCurry Johnson (Wake Forest University - School of Law) has posted The Practical Obscurity of the Green Screen Terminal: A Case Study on Accessing Jury Selection Data on SSRN. Here is the abstract: Who should care more about who...
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Examining studies on marijuana and THC in the treatment of psychiatric diseases and CBD in the treatment of neurological disorders
As recent posts highlight, my Marijuana Law, Policy & Reform seminar is now deep into the part of the semester in which student are making presentation based on their selected marijuana-related research issue. One student this coming week is exploring "the use of THC in the treatment of psychiatric diseases,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/X6qrdHtcHyA" height="1" width="1" alt=""/>
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Dempsey on the Mens Rea of Rape
Michelle Madden Dempsey (Villanova University School of Law) has posted Smith and Hogan at Villanova: Reflections on Anglo-American Criminal Law, the Definition of Rape, and What America Still Needs to Learn from England (Villanova Law Review, Vol. 61, No. 3,...
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Morse on Neuroscience Evidence in Forensic Contexts
Stephen Morse (University of Pennsylvania Law School) has posted Neuroscience Evidence in Forensic Contexts: Ethical Concerns (In Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, Ezra E. H. Griffith ed., Forthcoming) on SSRN. Here is the abstract: This is a...
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What is Considered Gross Sexual Assault?
There are a number of definitions for "gross sexual assault". It can be charged in numerous ways. Here are some of the most common ways. Gross sexual assault is a sexual act that takes place as a result of compulsion. That means that the person conducting the sexual act has compelled that other person, by force generally, against their will to engage in this behavior. That is one way it can be charged. It can also be charged as a Class A Felony if some kind of drug or alcohol has been used to dull that person's senses so that they cannot give their consent or resist the sexual act. If that person's mental capacity is impaired, not due to drugs or alcohol but because they have a mental disability, and the actor knows that, that is gross sexual assault. Then of course there are situations in which the victim is of a certain age. If the victim is 12 years old or younger for example, that is a Class A Felony. These are…
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Van der Linden on Jury Selection Procedures
Martin Van der Linden (Vanderbilt University, College of Arts and Science, Department of Economics, Students) has posted Bounded Rationality and the Choice of Jury Selection Procedures on SSRN. Here is the abstract: A peremptory challenge procedure allows the parties to...
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The New McCarthyism
Marc Thiessen has this column in the WaPo:[Attorney General Jeff] Sessions is the victim of the type of McCarthyite character assassination that the left used to condemn. Remember when accusing people without evidence of coordinating with the Kremlin was frowned upon? No longer, apparently. In fact, what Sessions faced may be worse than McCarthyism. At least McCarthy was right when he claimed that there were Russian spies in the State Department (see Hiss, Alger, among others). On "Meet the Press" this weekend, former Obama director of national intelligence James R. Clapper Jr. declared that the U.S. intelligence community he headed until a few weeks ago had found "no evidence" of any collusion between members of the Trump campaign and Russian intelligence. No evidence.
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Interesting new Quick Facts on federal health care fraud sentencing from the US Sentencing Commission
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Jorge Bruce y sus mentiras
http://larepublica.pe/impresa/opinion/853946-el-principio-de-la-vulgarizacion “Nos recuerda que todas las conquistas de la civilización nacen de la educación en libertad y el debate de ideas”. Me causa gran desconcierto leer a profesionales como el sicólogo Jorge Bruce citando a “Goebles” y cerrando su artículo con el párrafo que he extraído de su artículo. Como en el caso de Marco Sifuentes el señor Bruce Jorge habla de un debate que nunca se ha dado. Lo más grave y que desnuda la malidicencia con la que se pretende manipular a nuestros hijos, es sostener sin rubor ni vergüenza alguna “no a la homofobia” conducta que sin un referente que la desencadene es imposible que exista. Cuando los profesionales expliquen, al colectivo al cual no pertenezco pero defiendo su lucha, como se puede hablar de homofobia sin previa o…
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Pennsylvania's Auditor General suggests marijuana legalization could help state close budget deficit
A notable bean-counter is making a notable case for marijuana reform in the Keystone State. This official press release, headlined "Auditor General DePasquale Recommends Regulating, Taxing Marijuana as Right Move to Help Deal with Critical Issues: Result would bring in revenue, create jobs, reduce corrections costs," explains: Auditor General Eugene...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dUEy62egIU8" height="1" width="1" alt=""/>
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"Rationing Criminal Justice"
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White Collar Crime Policy Counsel - Job Opening
The National Association of Criminal Defense Lawyers (NACDL), the leading national bar association representing the entire defense bar, is seeking a Counsel to work in its White Collar Crime Policy Department on a variety of white collar criminal defense and...
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D.S.D.: Court credits that officer could smell burnt marijuana coming from def’s car while driving
The court credits the officer that while driving behind defendant’s vehicle, the officer could smell burnt marijuana coming from it, and that was at least reasonable suspicion. United States v. Theus, 2017 U.S. Dist. LEXIS 26719 (D. S.D. Feb. 27, … Continue reading →
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S.D.Fla.: No Franks hearing: The omitted would only have added to PC
Defendant isn’t entitled to a Franks hearing: “The addition of the omitted information to the search warrant application would not have detracted from the probable cause and may very well have strengthened the probable cause stated in the affidavit.” United … Continue reading →
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Injury Crash On SH75 North Of Shoshone
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: 03/07/2017 10:15 pm Please direct questions to the District Office On Tuesday, March 7, 2017, at 4:25 pm, Idaho State Police investigated an injury crash northbound on SH75 at mile marker 78, north of Shoshone. Jose A. Garcia Duran, 57, of Shoshone, was driving out of the parking lot at Johnny's Country Store in a 2008 Ford F150. Luz C. Carrasco, 57, of Hailey, was driving southbound on SH75 in a 2004 Mitsubishi Outlander. Garcia Duran failed to yield to oncoming traffic and struck Carrasco's vehicle. Carrasco was transported by ground ambulance to St. Luke's Magic Valley Regional Medical Center. Both drivers were wearing their seatbelts. Alcohol is…
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Woman allegedly shoots husband after argument over burnt casserole
A Pennsylvania woman is facing serious charges after reportedly killing her husband due to an argument they had about a burnt casserole. According to various media reports, 38-year-old Teresa Drum gave police multiple stories about why her husband was dead, first telling them that he killed himself over a beer, then saying it was due to a burnt casserole. But Drum reportedly took a photo of her dead husband’s body and sent it to a friend before authorities arrived. When she later showed police the picture, he didn’t have a gun in his hand, according to an article by the Pittsburgh Post-Gazette. Read more:Criminal Defense Attorney, Pennsylvania She also took a shower prior to calling 911, according to police. “Police said a woman called 911 about 10:30 p.m. Monday and said that she and her husband had a fight and ‘he just shot himself.’ When police arrived, they found Mr. Drum lying curled up on a bed,” the Pittsburgh Post-Gazette reports.…
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JUDICIAL TERM LIMITS ARE ON THE WAY .....?????
THE CAPTAIN REPORTS:FIRST THEY CAME FOR THE JUDGES ...............On Monday, we introduced you to the Speaker of the House, Richard Corcoran (R-Land O' Lakes). On Tuesday, Speaker Corcoran called the House into Session. In his opening speech, keeping with his theme of going to war with the Governor, Corcoran continued to press the fact that he intends to go after and eliminate Enterprise Florida and Visit Florida.Richard Corcoran is much out of the mold of Donald Trump. He has his own ideas of how to "drain the swamp" that is Tallahassee politics. From Corcoran's opening remarks to his House colleagues:"For anyone waiting for us to slow down, to drop the big ideas, to stop trying to shake up the system, to cower in the face of attacks, or to cave to the demands of special interests, here's our message to you: We will not.""Because right now, there are some who are suggesting that we pass the largest budget in…
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What is a Class E Felony in New York City?
If you are reading these words because you or a family member has been charged with a Class E felony in New York City, it is important that you contact a criminal defense attorney for help. The penalties for a Class E felony can be extremely harsh, and in addition, a conviction will result in a criminal record which can follow you for the rest of your life. In this article, the New York weapons possession lawyers of Sullivan and Galleshaw, LLP explain some vital information about Class E felony charges in Queens and throughout New York, including which crimes are prosecuted as Class E felonies, how Class E felonies are punished, and where to turn if you or a loved one has been arrested. Examples of Crimes that Are Class E Felonies in New York City Every state has its own method of naming felony crimes. New York uses a system of alphabetic “classes” as described below: Class E Felonies (Violent, Non-Violent) Class D Felonies (Violent, Non-Violent)…
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More Pages to Explore .....
