Penalties for instances of domestic violence have become much more severe over the past few years, not only in California, but across the nation. Governments and politicians seek to prove they are tough on crime, yet the crime of domestic violence has many facets. If you have been charged with domestic violence in Los Angeles, […]
Domestic Violence and Restraining Orders
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Colorado Requires all Adults Charged with a Felony to Submit DNA. Can it be Expunged?
Colorado law requires all people arrested for any Felony offense to submit a DNA sample in relation to arrests on or after September 20, 2010. Felony offenses include those charged by complaint, information, and indictment. It even includes those not arrested who appear in court on a summons. The law enforcement agency who completes the booking is responsible for the DNA collection process. If DNA is not collected through the booking process then the Court is required to order the defendant to submit to DNA collection through the investigating agency responsible for the fingerprints in the case. Law enforcement officers are authorized to use reasonable force to collect a DNA sample and thereafter are required to submit the sample to the Colorado Bureau of Investigation (CBI) for testing. If a defendant’s DNA sample is already on file with CBI, then the law enforcement agency should not collect a new DNA sample. Fortunately for those who’ve…
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Man who died in Longmont fire was registered sex offender
4-6-17 Colorado: The Boulder County Coroner's Office on Thursday afternoon identified a man found dead following a structure fire on Monday at a makeshift living space alongside a Longmont electrical services business. The coroner's office stated in a news release that it has conducted an autopsy on Richard Benz, 56, but it is continuing to investigate his cause and manner of death. Longmont
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Prison officials report death of Salem sex offender
4-6-17 Oregon: A former Salem man incarcerated on sexual abuse and criminal mistreatment charges died unexpectedly at Two Rivers Correctional Institution Friday morning. Michael Louis Shaw, 52, was found unresponsive in his bed shortly before 6 a.m., according to Oregon Department of Corrections officials. Medical staff began life-saving efforts to no avail, and he was pronounced dead a short
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 4,256 Encryption Workarounds Orin S. Kerr and Bruce Schneier The George Washington University Law School and Harvard University - Berkman Klein Center for Internet & Society Date posted to...
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Annie’s Law Increases Penalties For Ohio DUI / OVI
A few days ago, the state of Ohio began imposing increased penalties for DUI (known in Ohio as OVI). The increased penalties are part of House Bill 388, commonly known as “Annie’s Law”*. The legislation is not really one law but a revision of nearly 20 statutes and creation of one new one. Effective April 6, 2017, “Annie’s Law” provides for longer driver license suspensions, encourages increased use of ignition interlock devices, and results in more defendants being punished as ‘repeat offenders’. Ohio DUI / OVI Driver License Suspensions Just Got Longer If a person pleads guilty to OVI or is found guilty of OVI, the court must impose a driver license suspension. The length of the license suspension is chosen by the judge from a range mandated by legislation. The range mandated by legislation increased with Annie’s Law. The following table summarizes license suspension lengths for Ohio OVI convictions: Offense in ten years…
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Was the Airstrike in Syria Legal?
All-righty then, another legal issue for us in this political nightmare we live in; one I feel that I can comment on in my goal to show how legal analysis comes up every day in regular life, even something as irregular as politics. At least it’s not controversial or anything. Well, was it? Legal? Like so many of you, oh clueless unwashed masses, I had opined on this many times. Yesterday I was doing just that, discussing it with a brilliant young law student I know (and happen to be related to). Being brilliant, he knew exactly how to call B.S. on me, legally speaking. He asked, me, “What does the authorization you are talking about actually say, anyway?” Uh… I had to admit it. I had no idea. I had never read it. Thank goodness for Google. I hadn’t bothered before because I thought I didn’t have time to read it. I thought it would be, like most things legal (e.g. the tax code) about a million…
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Troy Retail Fraud Ordinance
Cases of retail fraud can be prosecuted by the city of Troy or the Oakland County Prosecutor’s office. For a person arrested for misdemeanor retail fraud that does not have an extensive record, the likelihood is higher that the case will be handled by the city attorney for Troy Michigan. Troy Michigan has a local law (also known as a local ordinance) that allows for the city attorney to prosecute certain crimes (including retail fraud). Cases prosecuted by the city attorney for Troy Michigan are handled at the 52-4th Division District Court which is located at 520 W. Big Beaver Road in the city of Troy, Michigan. Retail Fraud under the Troy Michigan ordinance (Troy ordinance number 98.08.02) carries a maximum possible punishment of 93 days in the Oakland County Jail and a fine of not more than five hundred dollars. Jail is an option that the Judges have. However, in many cases, jail can be avoided. Continue reading
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Injury Crash on Interstate 84 Near Gowen Interchange
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/09/2017 at 9:05 a.m. Please direct questions to the District Office On April 9, 2017, at approximately 5:37 a.m., the Idaho State Police investigated a single-vehicle, injury crash, westbound Interstate 84 at milepost 57, the Gowen Interchange. Adam Rivera, age 29, of Boise, was traveling westbound in a 2007 Ford F150 pickup. As Rivera was merging onto Interstate 84 from the Gowen onramp, he lost control. The Ford struck the guardrail and then rolled. Rivera was transported by ground ambulance to St. Alphonsus Regional Medical Center in Boise. Rivera was not wearing a seatbelt at the time of the crash. The two left lanes of Interstate 84 were blocked for…
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Reviewing the "tough-and-tougher" sentencing perspectives of those now leading the Justice Department
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EL ASESINATO DE JOSÉ YACTAYO
EL ASESINATO DE JOSÉ YACTAYO Después de leer el informe publicado domingo 09 de marzo en el Diario La República tengo algunas interrogantes: 1.- La última vez que se vió a Yactayo con vida fue el 25 de febrero, sus restos fueron hallados en la madrugada del 03 de marzo ¿Cuándo se cometió el crimen? La respuesta está en el Protocolo de necropsia cuyo resultado sólo se puede ver en el Expediente y no sólo la fecha del deceso sino todos aquellos datos que fluyen del análisis patológico, por ejemplo el grado de alcohol o drogas consumidos. 2.- Aldo Cáceda se reunió 4 días después del crímen con Zamora, éste viajó a Panamá el día 02 de marzo, en consecuencia, el horrendo homicidio se cometió entre el 25 de febrero y el dos de marzo, entonces, la fecha de reunión entre Cáceda y Zamora cuatro días…
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"Mass incarceration, public health, and widening inequality in the USA"
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Examining ethical marijuana law advertising
A student in my Marijuana Law, Policy & Reform seminar is looking closely at the laws and policies surrounding marijuana advertising, and he has provided for class reading the following cases (and one video) in preparation for his presentation this coming week: 1. Va. State Bd. of Pharmacy v. Va....<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/w09eUnOrgj4" height="1" width="1" alt=""/>
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 668 Law, Virtual Reality, and Augmented Reality Mark A. Lemley and Eugene Volokh Stanford Law School and University of California, Los Angeles (UCLA) - School of Law Date posted...
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Shoplifting Somerset Mall
Somerset mall is one of the premiere shopping destinations in Michigan. It is known for its collection of high end stores such as Neiman Marcus, Saks Fifth Avenue, Gucci, Louis Vuitton, and others. One of the issues that Somerset Mall and its merchants guard against is shoplifting. Somerset Mall and its merchants employ a number of different tactics to prevent retail fraud: Highly trained loss prevention associates and mall security; Continue reading
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Poll suggests Arkansans generally support state plans for multiple executions in coming weeks
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Paltry Grits posting rate masks busy time at #txlege
For readers disappointed with the paltry recent posting rate here on Grits, I should mention that most of my writing these days is happening on Just Liberty emails and action alerts. If you haven't signed on to our advocacy list, please do so. Otherwise, here are a few odds and ends which merit readers' attention.Good Samaritan bill up in House committeeRep. Ryan Guillen's Good Samaritan legislation (HB 73) is up on Monday in the House Criminal Jurisprudence Committee, but the biggest threat to its passage remains uncertainty about Gov. Abbott, who vetoed the bill last year and is now moving the goal posts regarding his concerns. This is a major public health concern. Overdose deaths are now twice as common in Texas as murders. Go here if you'd like to send a message to Gov. Abbott asking him to support Texas' Good Samaritan legislation.Debtors prisons and deconstruction of the administrative stateOn the same Criminal Jurisprudence agenda Monday, Rep.…
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Smack Dealers Beware: Steve Cook Is Looking for You
The Washington Post's lead Sunday article was about a friend and a key ally of mine in the successful effort to head off the Smack Dealers Windfall Bill, a/k/a the Sentencing Reform and Corrections Act, which went down in the last Congress without so much as getting to the floor in either chamber.Steve Cook was at the time President of the National Association of Assistant United States Attorneys (NAAUSA). That organization was the main whistleblower on the Obama Administration's efforts to cut sentencing for dealers in hard drugs -- to cut sentencing notwithstanding the appalling recidivism rate such traffickers are known to have.Steve and I were on the same side as then-Senator, now Attorney General, Jeff Sessions, who is the real hero in this fight. I'm happy to say the news for drug pushers will only be getting worse. I talked about Steve's gutsy efforts to speak truth to power in my post a year ago. As the Washington Post…
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Final Update :Crash at E 990 S and S 2800 E 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: 04/09/2017 1:45 p.m. Please direct questions to the District Office On Sunday, April 9, 2017, at approximately 3:21 a.m., the Idaho State Police investigated a two-vehicle, fatality crash, E 990 S at S 2800 E, on the frontage road in Jerome County, east of the I-84 Hazelton exit. Armando Cervantes Estrada, 34, of Hazelton, was driving westbound on E 990 S in a 2005 GMC Denali. Omar Ramirez Ortiz was driving eastbound in a 2007 Chevrolet pickup. The GMC crossed the center line and collided with the Chevrolet. Neither driver was wearing a seatbelt. Cervantes Estrada was transported via ground ambulance to St. Lukes Magic Valley in Twin Falls. Ramirez Ortiz succumbed to…
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Even Divorce Lawyers Can’t Afford to Hire a Divorce Lawyer
It should come as no surprise to anyone that most Canadians cannot afford a lawyer. In fact, lawyers often joke that if they had to pay a lawyer, they too couldn’t afford it. Nowhere is this dilemma more obvious than in family courts. It is now commonplace to see self-represented litigants dueling with lawyers in most of our family courts in Canada. In British Columbia a parent or spouse can apply for custody and child and spousal support in the Provincial Court, which is purposely “user-friendly”. The Provincial Family Courts across Canada have successfully implemented reforms including plain-language court documents that are readily decipherable by lay litigants. The judges in Provincial Court are accustomed to hearing cases without lawyers and graciously assist those who act for themselves. However, to obtain a divorce or property division, the only venue is each province’s Supreme Court, sometimes called “Queen’s Bench”, a most…
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