Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

What To Do If You Are Pulled Over For DUI

0
0
WHAT SHOULD YOU DO IF YOU ARE PULLED OVER AFTER DRINKING After an enjoyable dinner party where several bottles of wine were opened—feeling full in body and mind, but not particularly feeling effects of that wine, or so you think—you hop into your car and head home. A couple of blocks from home, you see one of Orange County’s finest flashing emergency lights behind you. The scream of the siren follows shortly thereafter. Your mind races. Did I drink too much? Why am I being pulled over? Am I going to get a DUI? The outcome may depend on your response and even if you are arrested, the way you handle yourself during the vehicle stop is crucial. The first thing you must do is safely pull over using the appropriate turn indicator as you pull over. Don’t think that because you are only blocks from home, you can pull into your driveway and be legally “safe.” It is a common misconception that the police cannot arrest you without a warrant on private…

EL IDIOMA

0
0
EL IDIOMA Ahhhh, el idioma convierte En blanco purísimo el rojo Intenso de la sangre. En un manantial de almíbar E ilusiones  el pozo negro De la maldad. El pensamiento, expresión gota por gota de la inteligencia, en perversas arterias de temor, lealtad de doblones, libras o soles, en hipocresía vestida de enigmas. Ahhh, el idioma, claroscuro de La vida, de luz intermitente, vergüenza Del honor y eterna edad media Del entendimiento. José Guillermo Anderson Anderson 22-05-2017

Bail Bond Hearings in California

0
0
COMPUTER-ASSISTED BAIL HEARINGS When a person is arrested and held in custody, his or her first appearance before a judge will be in what is called an arraignment.   Under California law, the defendant must be afforded an arraignment within 48 hours (not to include weekends or holidays). At the arraignment, the judge will determine whether the defendant should be released on bail and, if so, the judge will set the bail amount. Some defendants are released on their own recognizance, usually when the alleged offense is not serious. Most defendants are allowed to post bail at an amount set by the court, which depending on the crime or crimes charged may be in the millions of dollars but is often in the tens of thousands of dollars (for which the defendant typically uses a bail bondsman and pays a percentage of the bail amount). For some defendants, the courts will deny bail. When the court denies bail, the defendant who is legally innocent (innocent until proven guilty)…

Ungrateful Children? You’re Not Alone.

0
0
What everybody wishes for...a big lottery win, happened in 2011 to an English couple, Dave and Angela Dawes. They won $131.3 million dollars (US) in the Euromillions lottery, open to residents of the United Kingdom and the Isle of Man. Not surprisingly, David Dawes left his job as a factory worker, ready to enjoy the good life. Ecstatic about their good fortune, they were equally generous with their family and friends, sharing $32 million dollars with them, as well as starting their own charity. Over a two-year period, two million dollars was gifted to Mr. Dawes' 32-year-old son Michael, who had served in Afghanistan, and his partner Jame Beedle, age 34. Michael and his partner quickly blew through the money and wanted more. Dave Dawes expressed his concerns to his son, but the tipping point occurred when a dispute broke out at a birthday party for Michael's step-mother, his father's wife. Mr. Dawes was not pleased when his son showed up at the party with no…

AG Sessions Clarifies Grant Limitations on Sanctuary Cities

0
0
A little less than a month ago, I discussed the preliminary injunction issued by the federal district court in San Francisco regarding the section of President Trump's Executive Order 13768 that deals with so-called sanctuary cities and federal grants.  Judge Orrick badly misconstrued the order for the evident purpose of striking it down, and he refused to accept the reasonable interpretation that was offered by counsel for the government and was entirely consistent with the text.I have been working on an amicus brief arguing for reversal of this ill-considered injunction and wondering what was taking the government so long to file its notice of appeal.  This afternoon I got the answer.Attorney General Sessions has issued a memorandum on the implementation of the defunding provision of the Executive Order.  The memorandum clarifies several important points:The provision applies only to grants administered by the Departments of Justice and Homeland…

Debtors prison legislation pulls off miraculous resurrection, or, How Senfronia Thompson saved Nathan Hecht's debtors-prison bill

0
0
What an amazing turnaround on Texas debtors-prison reform legislation, SB 1913, which this afternoon first failed on a 64-77 vote, then prevailed a couple of hours later on a motion to reconsider by a whopping 100-31 margin.The turnaround was a huge parliamentary feather in the cap of House bill sponsor Senfronia Thompson, who ironically with her victory saved the signature legislation of the session proposed by Texas Supreme Court Chief Justice Nathan Hecht and the Texas Judicial Council, at least now that the bail-reform bill is dead.Congrats to everyone involved in the furious behind the scenes effort to whip votes, and thanks to the House members who changed theirs. Special kudos to our friends at the Texas Fair Defense Project who spearheaded the vote counting and office-by-office advocacy during the tense stretch between the bill's untimely death and its miraculous resurrection.This legislation is essentially similar to HB 351, discussed on Grits here, with a few…

A BIG NOT GUILTY

0
0
It was a big case. A big, weird case. So naturally, it was in Broweird. Here's one headline: Man who claimed girlfriend accidentally choked during oral sex found not guilty of murder. Check out the story here. While the defense had moved pretrial to display the ...ah.....hmmm... appendage in question sounds about right- that never occurred.  The court had deferred on the ruling and the defense never re-erected the defense during trial. Perhaps they went soft, or otherwise had second thoughts. Sometimes discretion and remaining securely zipped up is the better part of valor, not to mention a wise trial strategy. So for our female readers, having been found not guilty...would you go out on a date with the defendant? From Occupied America, Fight the Power!Site Feed

Limits on the Prosecutor's Use of PowerPoint Presentations In Summations

0
0
byJill Paperno,Author of "Representing the Accused: A Practical Guide to Criminal Defense"April's Court of Appeals decisions included two cases addressing the use by prosecutors of PowerPoint presentations in their summations.  PowerPoint is being used more and more frequently, and it is important to consider what the Court has deemed permissible, and what you should do (object, ask for limiting instruction at the time and an additional instruction during the final instructions?) during the trial if the Court does permit it.  In People v. Anderson, the Court noted:At bottom, a visual demonstration during summation is evaluated in the same manner as an oral statement. If an attorney can point to an exhibit in the courtroom and verbally make an argument, that exhibit and argument may also be displayed to the jury, so long as there is a clear delineation between argument and evidence, either on the face of the visual demonstration, in counsel's…

Top Ten Favorite Albums: # 8: A.R. Kane: 69

0
0
A little Cocteau Twins, a little dub, a little shoegaze, and a little California soul.A perfect sound forever.So forgotten.

What Is a Brady Violation?

0
0
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and Fourteenth amendments, a prosecutor has a duty to disclose favorable evidence to defendants upon request, if the evidence is “material” to either guilt or punishment. Failure to comply with this duty has become commonly known as a “Brady violation.”   What Is a Brady Violation?   The Supreme Court in 2006 succinctly answered this question in Youngblood v. West Virginia:   “A Brady violation occurs when the government fails to disclose evidence materially favorable to the accused. This Court has held that the Brady duty to disclose extends to impeachment evidence as well as exculpatory evidence, and Brady suppression occurs when the government fails to turn over even evidence that is ‘known only to police investigator and not to the prosecutor.’ ‘Such evidence is material if…

Rick Perry Supports Two Texas Criminal Law Reform Bills

0
0
Rick Perry, the former Texas governor and current U.S. Energy Secretary, has endorsed two proposed criminal justice reforms currently in the Texas legislature that would help people who have been charged or convicted of crimes. Writing in the Houston Chronicle, Perry touted reforms that took place during his tenure as governor that helped reduce Texas’ massive prison population. He said he had initially been skeptical about reforms, but eventually came to recognize their value and worth in cutting costs. He wrote: “It was during my time as governor that Texas shifted its mentality on corrections and sparked a nationwide, conservative criminal-justice movement.” The two bills Perry supported seek to make the grand jury process more fair for people under investigation and to allow more offenders’ records to be sealed for certain crimes. Making The Grand Jury Process More Transparent in Texas A bill by Republican Senator Dawn Buckingham aims to reform…

Gault is 50 – A Milestone in the Juvenile Justice System

0
0
50 years ago last week, the United States Supreme Court decided In re Gault, which guaranteed juvenile defendants many of the same due process rights held by adult criminal defendants.  For the first time, a Court held that juvenile matters are, in fact, adversarial criminal proceedings, and that juvenile criminal defendants therefore have a right to a defense attorney, procedural protections, and the opportunity to present their version of the underlying facts in an open hearing. The facts of Gault are relatively simple.  Gault, age 15, was accused of making obscene telephone calls to a neighbor and, as a result, was sentenced to a six-year custodial term in a violent youth facility.  Significantly, an adult charged with a similar offense would have been fined $50.00, and sentenced to up to two month in jail.  Gault was also on probation at the time of this incident for being in the company of another teen who stole someone’s purse, although he was…

GPS Devices to Be Removed From Many Missouri Sex Offenders

0
0
5-23-17 Missouri: A preliminary injunction will require Missouri to remove GPS monitoring devices from hundreds of sex offenders after they were recently required to wear them. ST. LOUIS (AP) — A court ruling requires Missouri to at least temporarily remove GPS monitoring devices from some sex offenders after officials recently required they wear the appliances. Cole County Circuit Court Judge

News release - update on deceased in Mountain Home shooting - Sheriff releases name

0
0
News release Update on deceased in Mountain Home shooting - Sheriff releases name For immediate release, May 23, 2017 Contact: Tim Marsano Public Information Officer, Idaho State Police 208.884.7122 tim.marsano@isp.idaho.gov Sheriff Mike Hollinshead of Elmore County has released the name of the deceased in last night's police-involved shooting. Deceased is Aaron M. Thompson, 31, of Mountain Home, Idaho. ###

Urteil A-4232/2015 des Bundesverwaltungsgerichts (BVGer) i.S. Moneyhouse AG

0
0
Am 11. Mai 2017 wurde das Urteil (A-4232/2015) des Bundesverwaltungsgerichts (BVGer) i.S. Moneyhouse AG veröffentlicht. Die Wirtschaftsauskunftei Moneyhouse wurde vom Eidgenössischen Datenschutz- und Öffentlichkeitsbeauftragten (EDÖB) eingeklagt, da sie seinen Empfehlungen nicht vollständig gefolgt ist. Im erwähnten Urteil äusserte sich das BVGer u.a. zur Bearbeitung von Persönlichkeitsprofilen (Art. 3 lit. d DSG) im Kontext von Bonitätsprüfungen (vgl. Art. 13 Abs. 2 lit. c DSG):Danach liege ein Persönlichkeitsprofil vor, falls „(...) ein biografisches Bild erstellt wird, sofern nebst Name und Vorname sowie Geburtsdatum auch die Lebens- und Wohnsituation in Form von ebenfalls persönlichkeitsrelevanten Angaben betreffend die Haushaltsmitglieder und Nachbarn einer natürlichen Person bekannt gegeben werden. Dies muss umso mehr gelten, wenn zusätzlich frühere Wohnorte bekannt gegeben und Angaben zu…

New Texas Law to Crack Down on Improper Relationships Between Teachers and Students

0
0
Improper Relationships between Teachers and Students Improper relationships between teachers and students are criminalized under Texas law, regardless of the student’s age. The offense is called improper relationship between educator and student. According to the Austin American-Statesman, cases of improper teacher-student relationships have increased by 80% over the past eight years. To address this growing problem, the Texas Legislature passed Senate Bill 7 to add new criminal and administrative penalties to crack down on improper educator-student relationships. Senate Bill 7 and Improper Relationships between Teachers and Students Among other provisions, SB7 expands the criminal charges available to prosecutors for improper relationships, automatically revoke teaching licenses for teachers convicted of most sex offenses, mandate that principals report teacher misconduct to the TEA, and disqualify certain offenders from receiving their pensions. The author of the…

New Texas Law to Crack Down on Improper Relationships Between Teachers and Students

0
0
Improper Relationships between Teachers and Students Improper relationships between teachers and students are criminalized under Texas law, regardless of the student’s age. The offense is called improper relationship between educator and student. According to the Austin American-Statesman, cases of improper teacher-student relationships have increased by 80% over the past eight years. To address this growing problem, the Texas Legislature passed Senate Bill 7 to add new criminal and administrative penalties to crack down on improper educator-student relationships. Senate Bill 7 and Improper Relationships between Teachers and Students Among other provisions, SB7 expands the criminal charges available to prosecutors for improper relationships, automatically revoke teaching licenses for teachers convicted of most sex offenses, mandate that principals report teacher misconduct to the TEA, and disqualify certain offenders from receiving their pensions. The author of the…

Graham on Law Enforcement Officials as Experts

0
0
Michael H. Graham (University of Miami - School of Law) has posted Lay Opinion Testimony and Expert Opinion Testimony Differentiated; ‘Specific Knowledge’ Expert Witness Opinion-Testimony; Proposed Amendments to Fed.R.Crim.Proc. 16 (a)(1)(G) and Fed.R.Evid. 701 and 702 (Criminal Law Bulletin, Vol....

What Does the Right to a “Speedy Trial” Mean in Illinois?

0
0
You probably know that the United States Constitution guarantees your right to a “speedy trial” if you are accused of committing a crime. The Illinois state constitution has a similar requirement. But what exactly constitutes “speedy?” In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial. Prosecutors Cannot Engage in “Piecemeal Litigation” Illinois also has what is known as a “compulsory joinder” rule designed to help protect a defendant's right to a speedy trial. This means that the state must bring multiple charges arising from the same arrest or act in a single prosecution. In other words, if you are arrested and accused of two crimes, the state cannot wait for the outcome of the trial of the first charge before trying you on the second…

CA7: “I guess so. You’re just doing your job” to a request to search is consent

0
0
Defendant was in a small roomette on an Amtrak train. When it stopped in Galesburg IL, two police officers went through the train to look at papers, IDs, and ask about hauling cash or drugs. She denied having anything, but … Continue reading →
Viewing all 71824 articles
Browse latest View live




Latest Images