Don't forget to turn your clocks ahead today. The opposition to Daylight Savings Time seems to be growing. I don't get the fuss over it. I like it, especially in the spring because it means it doesn't get dark at 5:00 p.m. any more. I... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
Sunday Open Thread: Change Your Clocks
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SEC Opens Cease-and-Desist Order Proceeding against Broker-Dealer and Chief Compliance / AML Officer
As we have highlighted in prior posts, regulators of financial institutions, including FinCEN, FINRA and SEC, have increasingly brought actions to bring organizations – and individuals – into compliance with AML / BSA obligations. This enforcement activity is consistent with FinCEN’s August 2014 Advisory, now nearly three years old, emphasizing the idea that U.S. financial institutions must promote a culture of compliance, one that does not allow the pursuit of profits to overshadow obligations prescribed by applicable laws. The latest example of an enforcement action against both involves a New York broker-dealer and its chief compliance / AML officer. The SEC initiated cease-and-desist proceedings (Complaint) against Windsor Street Capital, L.P. and its chief compliance officer. In the Complaint, the SEC alleges violations of the Securities Act of 1933 and Securities Exchange Act of 1934, stemming from the…
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The 2017 March Madness Campus Crime Bracket
The NCAA tournament bracket has been released, which means it’s once again time for us to release our annual crime bracket! In the past, we’ve filled out brackets based on DUIs on campus, violent crime on campus and on aggravated assaults on campus. This year, we’re filling out a bracket based on total campus crime. The statistics we used for this method come from Niche.com’s ranking of the safest campuses in America. To compile their list, Niche.com looked at a number of factors. The factors include the results of 1,000 surveys from students about safety on campus, residence hall violence rate, alcohol and drug-related arrests on campus and local crime rate. Instead of focusing on the safest colleges, for this bracket we are advancing the college or university that earned the lowest grade. The Campus Crime Bracket To fill out the bracket, we examined the total number of reported residence hall date violence per 1,000, residence hall rapes per…
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Jaime Bedoya, Los Monster y "Dedos"
http://elcomercio.pe/eldominical/columna/me-convencieron-ideologia-genero-existe-jaime-bedoya-noticia-1975015?re Jaime Bedoya en este artículo se burla hasta el escarnio de las personas que defendemos la posición de “con mis hijos no te metas” sin pertenecer a tal colectivo y desde luego a todos sus integrantes (del colectivo, naturalmente). Jaime Bedoya y todas las personas que han defendido y defienden “lo que sea de género”, les encanta denominarla “ideología” la cual NO existe para él y demás convidados a este diálogo de sordos donde cada quién dispara sus propias balas, no obstante, los del colectivo, “con mis hijos no te metas” intentan explicar por qué se pretende “homosexualizar” a sus hijos, en este blog he expuesto las consideraciones por las cuales “lo que sea de género” debe excluirse de la curricula escolar…
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Prying Open the Jury Room: Supreme Court Creates an Exception to the No-Impeachment Rule for Racial Bias
[Editor’s note: Today’s post was written by Alyson Grine and Emily Coward. Until last year, Alyson was the Defender Educator at the School of Government. She is now an Assistant Professor of Law at NCCU, but she continues to work with the School of Government’s Indigent Defense Education team on the NC Racial Equity Network. Emily is a Research Attorney with the Indigent Defense Education team at the School of Government.] Summary: In its March 6 opinion in Pena-Rodriguez v. Colorado, the U.S. Supreme Court carved out an exception to the “no impeachment” rule for cases in which a juror makes a clear statement that he or she relied on racial bias in voting to convict a criminal defendant. In such cases, the evidentiary rule preventing the court from hearing juror testimony about statements made during deliberations must give way so that the court may consider whether the alleged racial bias violated the defendant’s Sixth Amendment…
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School Officials Who Fail to Report Inappropriate Relationships Face Criminal Sanctions
Texas school superintendent and principals who fail to report teachers who enter inappropriate relationships with students face potential criminal charges under a bill passed in the Senate. Senate Bill 7 was introduced by Senator Paul Bettencourt, R-Houston, following a rise in prosecutions against teachers involved in improper relationships with students. In the 2016 financial year, the Texas Education Agency opened up 222 investigations involving inappropriate relationships, reported the Texas Tribune. Bettencourt said he’s concerned that many teachers are still in education. He said school superintendents and principals are not reporting transgressions to the TEA. The bill is intended to end the practice of school leaders turning a blind eye. Administrators who fail to report misconduct by teachers could be charged with a Class A misdemeanor. Those who intentionally fail to report misconduct could be charged with a state jail felony. The bill…
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Being on Probation in Orange County CA
So you find yourself on probation after working out a plea bargain with the District Attorney. Your lawyer and you have entered into a deal where you will spend 3 years on formal supervised probation. What does this really mean to you though? Being on probation is when you are conditionally released back into the community instead of going to jail or prison for the maximum term possible for whatever crime you committed. Let’s say you plead guilty to a crime that has a maximum possible sentence of 3 years in custody. Instead of serving those 3 years in custody and being done with your obligations, you are put on put on probation. You are released into the community but the possibility of doing the 3 years in custody hangs over you if you don’t meet all the obligations of being on probation. One common requirement of someone on probation is that the probationer not possess firearms or illegal drugs. This seems pretty…
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Federal Criminal Cases Dismissed: Some Thoughts
My law partner Carl and I represent lots of people who are charged with federal crimes, both here in Atlanta and throughout the country. Each of us recently had cases where we believed that our clients were innocent. In each case, we also each faced federal prosecutors who aggressively went after our clients. All charges were dismissed recently against these clients, which leads to some thoughts as to why this happens in some cases but not in other situations. Not everyone recognizes the differences between how federal criminal cases are brought and the system used in most state court systems. In the state systems, investigators bring their work to an Assistant District Attorney. For the most part, these assistant DA’s cannot refuse a case that the police bring to them. In federal court, on the other hand, the Assistant United States Attorney (or “AUSA”) has broad discretion to accept or reject just about anything brought to…
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News Scan
Cincinnati Police Officer Shot: A police officer was shot in Cincinnati Sunday night after responding to a report of domestic violence. WLWT5 reports that two officers were responding just after midnight Sunday. On arrival, a suspect opened fire on the police, hitting one of the officers. Police returned fire, striking the suspect multiple times. Both the officer and the suspect are undergoing surgery for their injuries. Criminal Aliens in Texas: A recent report from the the Texas Department of Public Safety has compiled data indicating how much crime is being committed by illegal immigrants in that state. According to DHS status indicators, over 215,000 criminal aliens were booked into local Texas jails between June 1, 2011 and February 28, 2017. The arrested illegals were charged with 566,000 crimes including 1,162 homicides; 68,151 assaults; 16,678 burglaries; 68,102 drug offenses; 687 kidnappings; 40,465 thefts; 44,626 for obstructing police; 3,768…
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10 Dont’s After You’ve Been Arrested
The post 10 Dont’s After You’ve Been Arrested appeared first on Gregory & Waldo. You’ve just been caught red-handed committing a crime, or maybe you’re being arrested for something you didn’t do. Either way, you find yourself in handcuffs, and at times like this, your nerves can get the better of you. Clouded judgment is often the unwanted byproduct. The truth is that regardless of your mental state, there are some things that you must make certain never to do either while you’re being arrested or during the hours and days that follow. Of the many foolish mistakes to avoid, the following 10 top the list. 1. Do not ever admit to guilt. You’ll have plenty of time to do that later if your lawyer thinks it will help, but confessing to law enforcement will get you nothing and could seriously stymie your upcoming defense. Even a simple “I’m sorry” could come back to haunt you in the end. 2. Don’t waste time…
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Alcohol and Drugs can ruin your Spring Break in Pensacola Beach
Few things can put a damper on a spring break trip to Pensacola Beach, Navarre, Ft. Walton Beach or Destin like getting arrested. As disheartening as that can be, the right attorney may be able to help you avoid a mandatory court appearance or, possibly, even having a blemish on your record. Here are some common reasons – and remedies – for spring break arrests: Minor in possession of alcohol or marijuana: Although those arrested for being a minor in possession are not usually taken to jail, they are issued what’s called a “Notice to Appear.” That is a legal requirement to appear in court on a particular date, usually a few later. In Florida, at the present time, it has the same effect as an arrest unfortunately. The defendant must appear at that court date unless he or she hires an attorney who can waive your having to appear. Sometimes an agreement can be reached with the prosecutor prior to the date, or sometimes after, eliminating your…
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[VIDEO] Virginia Reckless Driving Requires Driving the Vehicle
To be driving, you have to be in control of the vehicle, behind the wheel of the vehicle actually being the person who’s driving the car making it go one way or another, or maybe you’re losing control of it, but you need to be the driver, the person that would be behind the wheel. So if this kind of situation applies to you in your reckless driving case, we definitely need to talk to see if there’s any kind of argument we can make that you weren’t driving the vehicle. Contact me today about your case. © marketing for Andrew Flusche, 2017. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post [VIDEO] Virginia Reckless Driving Requires Driving the Vehicle appeared first on Andrew Flusche.
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What is a Pre-Trial Diversion Program in Massachusetts?
In MA, if you are charged with certain criminal offenses, you may be eligible for something called a pre-trial diversion program. But what exactly does that mean? Well, in short, it’s a program that allows defendants with little to no criminal past to avoid the traditional criminal justice system. In exchange they are enrolled in a program that, upon successful completion, results in dropped charges and no record. Usually reserved for minor offenses committed by young people, such as non-violent alcohol and drug related crimes, a MA defense attorney can help you determine if pre-trial diversion is an option for you. Criminal convictions come with a whole slew of problems, from jail time and hefty fines to long-term probation and a criminal record. With pre-trial diversion, you may be able to avoid all of the above. In MA, if your offense was relatively minor and you have little to no criminal record, or you are a veteran, you may be eligible for this program. Run by the…
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Due Diligence When Databases Fail
What to do when the databases you rely on start stripping out the very data you are paying for? Word in today’s Wall Street Journal that the main credit reporting firms will be removing many civil judgments and tax liens from credit reports prompts us to restate one our core beliefs: Not only do databases routinely mix people up, they are far from complete in the information they contain. Now, they will be even farther away from complete, because in order to list adverse information the credit reporting companies want several identifiers on each piece of information before they include it in a credit report. Even if there is only one person in the United States with a particular name, if his address and Social Security number are not included in a court filing against him, that filing may never make it onto his report. From what we’ve seen, there are almost no SSN’s in most of the filings we review. As a result of this new policy, the credit scores of a lot of…
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Report: Driver in Double-Fatal Tesla Car Accident Was Drunk
The woman behind the wheel of a speeding electric Tesla vehicle that crashed and caught fire in Indiana recently, killing her and her passenger, was far too intoxicated to drive. That’s according to a recently-released police report with toxicology tests indicating the 27-year-old driver had a blood-alcohol concentration of 0.21, nearly three times the legal limit of 0.08. Meanwhile, her 44-year-old passenger and the owner of the vehicle had a blood-alcohol concentration of 0.17. Although Tesla has come under fire in recent months for its Autopilot feature, a semi-autonomous function that has been cited in a number of crashes, including at least one fatal. The concern has been that the maker of these systems over-hyped the autonomy of these systems. Such a system, if totally autonomous, could go a long way toward curbing drunk driving accidents because human error wouldn’t be a factor. However the reality is that in these semi-autonomous systems, drivers…
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WaPo: Facebook says police can’t use its data for ‘surveillance’
WaPo: Facebook says police can’t use its data for ‘surveillance’ by Elizabeth Dwoskin: Facebook is cutting police departments off from a vast trove of data that has been increasingly used to monitor protesters and activists. The move, which the social … Continue reading →
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The Tyrannical Rule of the U.S. Supreme Court by Donald C. Brockett
What is meant by “tyranny”? It was the tyranny of King George that provoked America’s Declaration of Independence in 1776. It was “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” that would […]
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Kaplan & Saack on Nonunanimous Jury Verdicts
Aliza B. Kaplan and Amy Saack (Lewis & Clark Law School and Lewis & Clark College, Law School, Students) have posted Overturning Apodaca v. Oregon Should Be Easy: Nonunanimous Jury Verdicts in Criminal Cases Undermine the Credibility of Our Justice...
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Una nueva generación con derecho a matar y a la bisexualidad
http://www.ideeleradio.org.pe/lo-ultimo/ex-defensor-del-pueblo-la-calidad-educativa-debe-enfatizar-principio-de-igualdad-de-oportunidades/ “En los estándares de calidad educativa está muy claro que hay que incorporar determinados énfasis y líneas de acción. Yo creo que todo el tema de la equidad de género, de la igualdad de género, como un principio fundamental es central en la formación”, señaló en el programa No Hay Derecho de Ideeleradio.” “Vega Luna enfatizó que el tema de la educación es central si queremos construir un país de ciudadanos y una nación que pueda mirar al bicentenario con una mejor generación.” Quién tenga dos dedos de frente debe concluir que sin haber cumplido un año la actual administración con problemas de corrupción, las dolorosas consecuencias generadas por el clima en el norte, con…
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Harris County Leads The Nation In Exonerations, Wrongful Convictions
“Guilty” does not always mean actual guilt, especially in drug cases involving African-American defendants who elect to plead guilty in the Harris County Criminal Justice Center. African Americans 5 Times as Likely to be Wrongfully Convicted A March 7, 2017 report, titled “Race and Wrongful Convictions” and issued by the National Registry of Exonerations (“Registry”), found that sixty-two percent of at least 133 exonerations in Harris County over the past several years involved African-American defendants who elected to plead guilty in exchange for a prosecutorial promise a shorter criminal sentence. The Registry offered the disturbing conclusion that African-American defendants are five times more likely to go to prison for drug possession than whites and 12 times more likely to be wrongfully incarcerated for drug cases than similarly situated white people. Harris County Had More Exonerations Than Any State in the…
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