On April 11, 2017, Attorney General Jeff Sessions announced that the Justice Department will be implementing a new policy regarding the criminal prosecution of individuals who are accused of violating… read more → The post Justice Department to Focus on the Prosecution of Immigration Crimes appeared first on Pate & Johnson Law Firm.
Justice Department to Focus on the Prosecution of Immigration Crimes
↧
↧
What is UCW in Texas? Unlawful Carry of Weapon in Texas
Unlawful Carry of a Weapon Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. This article focuses on UCW cases involving handguns. This is covered under Penal Code Section 46.02. This article also discusses UCW cases that can be filed again individuals who have a License to Carry. Generally, a person without a felony conviction can carry a handgun: on his own premises; on a premises under his control; inside or en route to a motor vehicle owned by the person; and inside or en route to a motor vehicle under his control. What is a permissible “premises”? For purposes of the Unlawful Carry of a Weapons Charges, a premises includes: Real property A travel trailer being used as temporary or permanent living quarters. A camping trailer being used as temporary or permanent living quarters. A truck camper being used as temporary or permanent living quarters. A motor home being used as…
↧
What is UCW in Texas? Unlawful Carry of Weapon in Texas
Unlawful Carry of a Weapon Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. This article focuses on UCW cases involving handguns. This is covered under Penal Code Section 46.02. This article also discusses UCW cases that can be filed again individuals who have a License to Carry. Generally, a person without a felony conviction can carry a handgun: on his own premises; on a premises under his control; inside or en route to a motor vehicle owned by the person; and inside or en route to a motor vehicle under his control. What is a permissible “premises”? For purposes of the Unlawful Carry of a Weapons Charges, a premises includes: Real property A travel trailer being used as temporary or permanent living quarters. A camping trailer being used as temporary or permanent living quarters. A truck camper being used as temporary or permanent living quarters. A motor home being used as…
↧
ONLY NIXON COULD GO TO CHINA
"The problem with vice is not so much the sin, as the character of the people one meets to practice it."Len Garment, counselor to President Nixon, quoting Oscar Wilde on Nixon's involvement with the coverup of the Watergate Burglars.Rumpole has read "Richard Nixon The Life" by John A Farrell and pronounces it a very satisfactory, if a bit too short biography of the 37th POTUS. Farrell's distinction is that this is the first major biography after the successful lawsuit in 2007 to release over 37,000 hours of white house tapes. The writing is crisp and at times superb. For example: "It was that spring, with little note, that Truman dismissed Franklin Roosevelt's qualms about aligning the US on the wrong side of an anti-colonial war of independence and approved the first multimillion dollar aid package for French Indochina." Thusly, the spectre of Vietnam, which came to define Nixon, was subtly introduced. And..."Nixon…
↧
***UPDATE***Injury Crash on US26 near Richfield Blocks Traffic
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: 4/18/17 7:31 p.m. Please direct questions to the District Office ***Update*** On April, 2017, at approximately 12:30 p.m., the Idaho State Police, Lincoln County Sheriff's Office, and the Shoshone Police Department investigated an injury crash on US Highway 26 near milepost 175 in Lincoln County. Richard Mecham, 67, of Carey, ID, was driving westbound on US Highway 26, in a 2011 school bus transporting 39 students with adult chaperones. Mecham drove off the right shoulder, over corrected, and rolled the vehicle. Mecham sustained no injuries. The chaperones were treated and released at the scene. 12 of the 39 students were transported to nearby hospitals, 7 by…
↧
↧
Medical marijuana in the Arkansas workplace
Ever since Arkansas voters passed the Arkansas Medical Marijuana Amendment of 2016, more than one employer has wondered what impact the law will have on the workplace. Fortunately, the Arkansas Legislature gave us a lot of guidance on the new law in its most recent session. First of all, it’s important to point out that there are a still a lot of unanswered questions about the new law and Act 4 of 2017 delayed implementation of the amendment until May 8, 2017. That said, an initial review of Arkansas law and of Act 593 of 2017 suggests that things will not change significantly for employers with regard to the new law, but there are some differences well worth mentioning. First of all, employers are absolutely forbidden from discriminating against any applicant or employee in hiring or firing due to the status as qualifying patient or designated caregiver. A patient, of course, is someone with a medical marijuana prescription (past or present) and a designated caregiver is…
↧
WaPo: D.C. appeals court poised to rule on whether police need warrants for cellphone tracking
WaPo: D.C. appeals court poised to rule on whether police need warrants for cellphone tracking by Tom Jackman: Last year, a Maryland appeals court agreed and ruled that Baltimore police could not use evidence collected by a cell-site simulator in … Continue reading →
↧
¿UN PAÍS FELIZ?
http://elcomercio.pe/opinion/columnistas/identidades-negadas-javier-diaz-albertini-noticia-1984959?ref=portada_home “Los comandos Chavín de Huantar no son héroes” se desata un diluvio de críticas contra el “salvaje” que expresó su opinión, todos se sacuden del polvo marcando distancias en un país democrático donde la libertad de expresarse no es perseguible ni sujeta a evaluación mucho menos sancionada por el Estado, siendo literalmente cierta esta afirmación, lo que se ha hecho con el “salvaje” es someterlo a un proceso inquisitorial ciudadano y el pobre hombre se rectificó jejeje!!! Hipocresía de los inquisidores y conveniencia metálica del “salvaje”. ¿Cuál es mi opinión sobre el tema?, tengo cosas más importantes en que ocuparme. Un periodista al que suelo escuchar a las 10 de la…
↧
A little video on prison population flow dynamics
↧
↧
Dead Criminals and Abatement
What happens when a convicted criminal dies while his appeal is pending? Matt Bonesteel has this article in the WaPo on the Aaron Hernandez case. Massachusetts follows the traditional, but stupid, rule:The chief legal counsel to the Massachusetts Bar Association tells the Boston Globe that Aaron Hernandez's murder conviction over the 2014 shooting death of Odin Lloyd will be voided after the former New England Patriots star was found dead in his prison cell early Wednesday morning.Hernandez was in the process of appealing his conviction at the time of his death. Because of a long-standing legal principle called "abatement ab initio" -- meaning "from the beginning" -- a person's case reverts to its status at the beginning if they die before their legal appeals are exhausted.Appeal is not an essential part of the criminal process. There generally were no appeals in criminal cases at the time this country was formed. In the…
↧
The Lawyer, the Emails and Professional Misconduct
This post examines an opinion from the Supreme Court of Florida that deals with a finding that a Florida lawyer had engaged in “professional misconduct.” The Florida Bar v. Wynn, 2017 WL 632871 (2017) (per curiam). The court begins by explaining that[w]e have for review a referee's report recommending that Michael Eugene Wynn be found guilty of professional misconduct and suspended for ninety days, followed by two years of probation with conditions. We have jurisdiction. See art.V, § 15, Fla. Const. As discussed below, we disapprove of the referee's recommended discipline and instead impose a one-year suspension, followed by two years' probation.The Florida Bar v. Wynn, supra. The Court went on to outline the facts that resulted in this professional misconduct inquiry:On July 21, 2015, The Florida Bar filed a complaint against Respondent Wynn alleging ethical misconduct in connection with his representation of a client, Sylvia Rhodes,…
↧
Fox Announces O'Reilly Exit
Bill O’Reilly is leaving Fox News. “After a thorough and careful review of the allegations, the company and Bill O’Reilly have agreed that Bill O’Reilly will not be returning to the Fox News Channel,” 21st Century... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Driving Under the Influence of Drugs in New Jersey
Driving under the influence of drugs, legal or illegal, can be a serious offense in New Jersey. If you or someone close to you has been arrested for driving under the influence of drugs (DUID), it is important to reach out to an experienced New Jersey DUID attorney who can help you understand your rights. A conviction for driving under the influence of drugs can have serious and far-reaching consequences for your life. Don’t let this type of charge stain your clean record. Under New Jersey Statute 39:4-50, drugged driving laws prohibit “any narcotic, hallucinogenic or habit-producing drug.” Illegal drugs, over-the-counter medication, and prescription medication can all form a basis for a New Jersey drugged driving charge, since all of these have the potential to impair an individual’s ability to drive, just as alcohol does. If you have a medical condition that necessitates the use of a banned substance, you must establish that it did not impair your…
↧
↧
Former State of Florida Parks Director and Utility Regulator Faces DUI Charges
Lisa Edgar, who served 12 years on the Florida Public Service Commission before a brief stint as state parks director, was arrested Saturday on two charges each of DUI with property damage and leaving the scene of a crash with more than $50 in property damage. According to reports, the Florida Highway Patrol troopers received a call about 11 p.m. from a motorist who said a Mercedes Benz was unable to stay in its lane on Centerville Road in Tallahassee and hit his driver’s side mirror. Troopers said they later determined the Mercedes was driven by Edgar, who lives in Tallahassee. Reports indicate that Edgar, 53, pulled over at first and spoke to the other driver before abruptly rolling up her window and driving away. Other motorists apparently called law enforcement to say that the Mercedes was driving erratically and running people off the roadway. Edgar resigned in February as Florida park’s director after just two months on the job, citing a family emergency.…
↧
Is it really a big deal and a big problem that there are for now so many DOJ vacancies?
↧
MA to toss 21,000 Drug Convictions Due to Lab Fraud
Massachussetts is throwing out 21,000 drug convictions due to the lab fraud by chemist Annie Dookhan. (Background here.) Dookhan was convicted in 2013 and jailed. She was released on parole in 2016. Most of the defendants have already served... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
After Monday stays, Arkansas officials seemingly on path to complete next pair of scheduled executions... OR NOT, as updated below....
↧
↧
DUI Breath tests are about to be Unconstitutional in Georgia
Oral Arguments in the Georgia Supreme Court were held in Olevik a/k/a Plevik v. State, S17A0738, on August 18, 2017. The arguments were very telling. The Defendant was essentially asserting that Police can not compel acts under the Georgia Constitution, and wrapping your lips around a breath tube, directing air for a minimum time period, and at a minimum flow rate is an act. "The Georgia Constitution has long granted more protection to its citizens than has the United States and that, while the [Georgia] cannot grant less protection, it can grant more.” Creamer v. State, 229 Ga. 511 (1972). Quoting Day v. State, 63 Ga. 667 (1879), the Creamer court said that “a defendant cannot be compelled to incriminate himself by ACTS or words.” Examples of acts deemed to be compelled under the circumstances include handwriting exemplars (State v. Armstead,152 Ga. App. 56 (1979)), production of lottery tickets (Grant v. State, 85 Ga. App. 610 (1952)), driving a…
↧
Mr. No-Pay…You Can Run, But You Can’t Hide.
Family law lawyers now have access to information that can transform a case from an up-hill battle to a slam-dunk, and it’s all thanks to the internet. Case in point: I have a client whose ex-husband, a venture capitalist, stopped paying his child support about one year ago. Exhibiting the patience of a saint, my client bided her time, hopeful her ex would reinstate his payments and make up the arrears. Didn’t happen. She then contacted my office and the legal process began. Her ex was obliged to provide the usual financial documents including income tax returns and corporate financial statements. His tax returns showed nominal income and gosh, darn, he said that all of his businesses were insolvent so he hadn’t bothered to have his accountant prepare financial statements. With a little help from the internet, we learned he was selling his home with an asking price of just over $900,000.00. After the usual land title searches, we found out he had already…
↧
Changing the Game, Again: Supreme Court Could Limit SEC’s Authority to Seek Disgorgement
This week, the Supreme Court heard argument regarding whether the SEC’s actions to disgorge ill-gotten gains are subject to a five-year statute of limitations for “any civil fine, penalty, or forfeiture.” The appeal stems from an SEC action alleging that between 1995 and 2006, Charles Kokesh, a New Mexico-based investment adviser, misappropriated a staggering $35 million from two investment advisory companies that he owned and controlled, squandering the money of tens of thousands of small investors. While Kokesh moved into a gated mansion and bought himself a personal polo court (complete with a stable of 50 horses), he allegedly concealed his massive ill-gotten earnings by distributing false proxy statements to investors and filing dozens of false reports with the Securities and Exchange Commission. In 2009, the SEC brought a civil enforcement action against Kokesh in the District of New Mexico alleging violations of the Securities Exchange Act of 1934, the…
↧
More Pages to Explore .....
