Less is always more when it comes to a speech. And it is usually a good idea not to forget who your audience is. One of the best speeches I ever saw was a eulogy delivered by William Ruckelshaus. If you did not know who Ruckelshaus was before the eulogy, you could not have figured [...]
Getting Better With Every Generation
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Red Bank Arrest- Municipal Court
Red Bank Municipal Court is located on 90 Monument Street in Red Bank, New Jersey. If you or a loved one has been arrested in any municipality, including but not limited to: Red Bank, Middletown, Fair Haven, Rumson, Little Silver, Eatontown, Deal, Ocean or West Long Branch it is important to find a local attorney who is familiar with the local municipal court. Ms. Breslow has appeared in all of these courts and has experience throughout the county.
If you have been arrested for Possession of Less than 50 Grams of Marijuana, your matter will be heard in the municipal court. This drug charge is considered a disorderly persons which holds a maximum of 6 months in jail, loss of license as well as other fines and penalties. If you are a first time offender a lawyer could negotiate a deal with the Prosecutor where you would receive a conditional discharge. However, it is important to understand what the implications are of a conditional discharge prior to entering into it. For example, with a conditional discharge you will be disqualified from other diversionary programs, such as Pre-Trial Intervention. Thus, it is importance to understand your opinions before entering in any "deal." Tara Breslow has experience in the municipal courts and could advise you on the best ways to proceed.
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The Sniffer
The National Transportation Safety Board’s recommendation that states lower their per se blood alcohol concentrations for impaired driving from 0.08 to 0.05 grabbed headlines last week. But the BAC reduction wasn’t NTSB’s only recommendation. Overlooked in the 0.05 hullabaloo was NTSB’s endorsement of the Sniffer. That’s right. The Sniffer. It’s more powerful than a nose. [...]
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Nuther overturned case based on Jonathan Salvador crime lab fiasco
After a brief hiatus in which several weekly "hand-down lists" came and went without the Texas Court of Criminal Appeals ruling on any more of former DPS crime-lab worker Jonathan Salvador's cases, another one came down yesterday. In "Ex Parte James Antonio Williams," a six year sentence was overturned because evidence in the defendant's case passed through Salvador's seemingly tainted custody. Admittedly Grits has been distracted so I may have missed some, but by my count that brings the total to 18 convictions overturned totaling 141.5 years worth of prison sentences so far as a result of the scandal, with potentially thousands more to come. I'd begun to wonder whether Texas' high criminal court may reconsider its sweeping rejection of all things Salvador after the breathtaking implications of its rulings became apparent. After all, the Houston-based chemist worked on nearly 5,000 cases. But Mr. Williams received relief based on the same standard as prior cases. It all looks like a mess from here but ironically we've got Yankees marveling that Texas has handled it as well as it has. Go figure.
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Man Admits Down Payment Fraud and Kickback Scheme
Daniel Monteiro, 34, Wolcott, Connecticut, waived his right to indictment and pleaded guilty before United States Magistrate Judge Donna F. Martinez in Hartford to one count of conspiracy to commit bank fraud, wire fraud, and money laundering stemming from a mortgage fraud scheme. According to court documents and statements made in court, from approximately May [...]
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Prison Time for Foreclosure Rescuer who Cheated Homeowners
Christian Hidalgo, Chula Vista, California, was sentenced to 57 months of custody by District Court Judge William Q. Hayes for a mortgage loan-modification scheme that cheated over 120 people out of over $670,000, and resulted in the loss of many homes to foreclosure. Hidalgo was also ordered to pay full restitution to all of his [...]
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If you contact your police department to file an assault charge, should that person be arrested?
Free legal answers from attorneys - My son was in our yard. We have issues with the neighbor. He got out of my husband's truck holding his girlfriend's d
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Neighborhood Revitalization Initiative Recognized for Innovation
The following post appears courtesy of Acting Assistant Attorney General for the Office of Justice Programs Mary Lou Leary and Director of the Bureau of Justice Assistance Denise O’Donnell. This month, the Ash Center for Democratic Government and Innovation at the Harvard Kennedy School of Government recognized the White House-led Neighborhood Revitalization Initiative (NRI) as [...]
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BWI Facts for the Upcoming Memorial Day Weekend
Assuming the weather complies, thousands of Minnesotans will be hauling their Alumacraft or pontoon boat to their favorite lake over Memorial Day weekend. Jet skis, water-skiers, and fishermen will soon occupy the Land of 10,000 Lakes, and the increased presence on the lakes means everyone should take extra precautions to remain safe this holiday weekend. [...]The post BWI Facts for the Upcoming Memorial Day Weekend appeared first on The Appelman Law Firm Law Blog
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BWI Facts for the Upcoming Memorial Day Weekend
Assuming the weather complies, thousands of Minnesotans will be hauling their Alumacraft or pontoon boat to their favorite lake over Memorial Day weekend. Jet skis, water-skiers, and fishermen will soon occupy the Land of 10,000 Lakes, and the increased presence on the lakes means everyone should take extra precautions to remain safe this holiday weekend. [...]The post BWI Facts for the Upcoming Memorial Day Weekend appeared first on The Appelman Law Firm Law Blog
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Can My Probation Be Terminated Early For A Columbus, Ohio OVI?
The Court maintains jurisdiction over you with a period of probation. This means they can impose any jail time or fines that were initially suspended for a violation of the terms and conditions of your sentence or probation. Probation is the way the Court makes sure you comply with the sentence. If you have done [...]
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Can My Probation Be Terminated Early For A Columbus, Ohio OVI?
The Court maintains jurisdiction over you with a period of probation. This means they can impose any jail time or fines that were initially suspended for a violation of the terms and conditions of your sentence or probation. Probation is the way the Court makes sure you comply with the sentence. If you have done [...]
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Regulators Consider Lowering Drunk Driving Limit
Under current law, it is illegal to drive with a blood alcohol content (BAC) of .08 percent or higher. The enforcement of this alcohol limit results in hundreds of thousands of arrests in California each year. For example, the California Department of Alcohol and Drug Programs reports that there were 203,866 DUI (driving under the influence) arrests made in California in the year 2007. During that same year, there were 42,736 DUI arrests in Los Angeles County alone. The number of DUI arrests could increase significantly if the alcohol limit is reduced to .05 percent.
![Los Angeles BAC Limit]( "Drunk Driver BAC Limit")
According to The Los Angeles Times, the National Transportation Safety Board (NTSB) is calling for government incentives to encourage states to lower their drunk driving standard. They believe that a driver with a BAC above .05 percent has impaired abilities and is more likely to cause a fatal crash. Therefore, they recommend lowering the legal limit to help reduce the number of fatal DUI-related crashes.
Alcohol-related traffic fatalities have gone down since Bill Clinton signed legislation 13 years ago requiring states to enforce a .08 percent BAC or risk losing millions in federal highway funds. It is not clear, however, as to what type of cost the NTSB's new recommendations will have. Their suggestion of lowering the legal limit will certainly prove costly for thousands of drivers in Los Angeles. They also want more high-visibility enforcement and an expanded use of ignition interlock devices to prevent impaired drivers from operating vehicles.
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According to The Los Angeles Times, the National Transportation Safety Board (NTSB) is calling for government incentives to encourage states to lower their drunk driving standard. They believe that a driver with a BAC above .05 percent has impaired abilities and is more likely to cause a fatal crash. Therefore, they recommend lowering the legal limit to help reduce the number of fatal DUI-related crashes.
Alcohol-related traffic fatalities have gone down since Bill Clinton signed legislation 13 years ago requiring states to enforce a .08 percent BAC or risk losing millions in federal highway funds. It is not clear, however, as to what type of cost the NTSB's new recommendations will have. Their suggestion of lowering the legal limit will certainly prove costly for thousands of drivers in Los Angeles. They also want more high-visibility enforcement and an expanded use of ignition interlock devices to prevent impaired drivers from operating vehicles.
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BLT: Judge Says [Search Warrant] Filing Errors May Prompt Review of 'Hundreds' of Cases
BLT: Judge Says Filing Errors May Prompt Review of 'Hundreds' of Cases:
[...] Read more!
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Criminal Simulation in Utah
Antique Fraud There is a big market for antiques and some items can go for hundreds of thousands and even millions of dollars. In the antique business one has to be wary of fakes. Remember the Salamander Papers in the … Continue reading →
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Property Damage Crash near American Falls.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 05/24/2013 2:29 pm
Please direct questions to the District Office
Idaho State Police is currently investigating a one vehicle property damage crash on I86 near milepost 25, approximately 15 miles west of American Falls. Expect delays in the eastbound lanes of travel. More information will be released as it becomes available.
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Can You Prove Battery Without a Victim?
Every criminal defense attorney runs into this issue at one time or another--an alleged victim to a domestic violence battery that decides to "not" press charges. Now, we all know that it's not really the alleged victim's decision to press charges--the State of Florida that decides whether or not to file a criminal law suit against a defendant. However, some prosecutors, in their zeal to bolster conviction stats, may attempt to prosecute a battery case without a victim. What, you say? Am I speaking of prosecutors in China, or the good old U.S. of A? Sorry to say, I'm talking about Orlando, Sanford, Kissimmee, all over the State of Florida prosecutors are attempting to convict citizens without a victim in the courtroom. Can it be done? Let's see.
The case is Holborough v. State of Florida, 103 So.3d 221 (Fla. 4th DCA 2012). Holborough was convicted at trial of felony battery. Felony battery in this case was simply a misdemeanor battery with one prior conviction for misdemeanor battery. In Orlando, we call this "Battery - Prior Conviction", but it's the same idea statewide. Anyway, Holborough was seen by a police officer "straddling a woman who was face down and covering her face...repeatedly hitting the woman." Id. at 222. Holborough was initially arrested for domestic violence battery, but it was later upgraded to a felony charge once the prosecutors found a prior misdemeanor battery conviction.
News flash: some prosecutors just love when they have an "independent witness" to a battery charge. Why? Because typically, their alleged victims fail to appear for trial on domestic violence cases, so having an independent witness gives the prosecution a false sense of security that, maybe, they'll be able to prove the case without a victim. Not so fast. Watch how this plays out.
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Goodwin on Statutory Rape
Michele Goodwin (University of Minnesota Law School) has posted Law's Limits: Regulating Statutory Rape Law (Wisconsin Law Review, 2013) on SSRN. Here is the abstract: This Article examines statutory rape cases of the last decade and submits that both the...
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San Antonio Express-News Columnist O. Ricardo Pimentel
San Antonio Express-News columnist O. Ricardo Pimentel writes, "The unfinished business: the death penalty." Here's the beginning of this must-read: The photo of Gov. Rick Perry signing legislation that diminishes the chances of wrongful convictions in Texas is rich in...
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St. Louis Police Bust Major Auto Theft Ring
Police in St. Louis recently announced a huge bust that led to the arrest of 16 different people who were involved in a massive car theft ring. Police say that including others arrested in neighboring states, 21 men and women have been charged with their involvement in operating a chop shop to procure and then dismantle stolen vehicles.
Between the 21 people arrested, most of whom were in St. Louis, prosecutors handed down a total of 84 criminal charges including conspiracy, bank fraud, mail fraud and receipt of a stolen motor vehicle. The charges include fines of up to $1 million and prison terms of up to 30 years.
According to Missouri Revised Statutes 570.080, a person commits the crime of receiving stolen property if he or she receives or disposes of the property of another person knowing or believing that it has been stolen. The law says that receiving a stolen motor vehicle, watercraft, or aircraft qualifies as a Class C felony, which means that those convicted of the crime face a possible prison term of seven years.
Prosecutors say the scheme involved creating fake vehicle titles based on a Native American reservation and then stealing upwards of 120 different cars, mostly high-end vehicles, starting in 2008. Rather than simply jimmying open doors, the vehicle theft ring used more sophisticated financial tricks to steal the vehicles. The indictment says that the group used "straw buyers" to purchase dozens of new by getting them cars using that were obtained by inflating or down right lying about income and assets. These fake buyers then received money for handing the cars over to the others, knowing full well they would never repay the loans.
Not content to just steal the vehicles and defraud the creditors, prosecutors say several in the group also engaged in widespread insurance fraud, involving themselves in fictitious accidents and creating fake towing and repair bills for their insurance companies to reimburse. Some even complained of fake medical problems to collect more money.
The bust followed an 18-month investigation led by the FBI, Missouri Highway patrol, Missouri Department of Revenue and police from departments across the St. Louis area. Officials say the case represents the largest car theft ring ever to be prosecuted in the region.
If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of aggressively protecting your interests, contact our St. Louis criminal defense law firm today at (314) 863-0500.
Source: "Feds charge 21 in St. Louis-based car theft ring," by Robert Patrick, published at STLToday.com.
See Our Related Blog Posts:SUPREME COURT REQUIRES WARRANT TO USE GPS TO TRACK PEOPLERecent St. Louis Crime Wave Targets Old Clunkers
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