There is no doubt that drunk driving and drunk driving accidents are a major problem in the U.S. Drunk driving is the leading cause of fatal traffic accidents, and there are many law enforcement agencies and non-profit organizations like Mothers Against Drunk Driving (MADD) that are constantly looking for new ways to get their message across. While there has clearly been some progress, there is still quite a lot of work to be done. A recent column from the Los Angeles Daily News offers the opinion that in order to actually curb drunk driving, the focus needs to be on changing the culture. The article looks at the fact that many people do not think of drunk driving as a crime, as they do with many other crimes, even though those crimes are much less likely to result in physical harm. Essentially, we have someone who considers himself or herself a good law-abiding citizen and would never even consider stealing something as inexpensive as a candy bar. However, this…
A Look at How to Curb Drunk Driving Accidents in Boston
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Degrees of Felonies and the Consequences
In Texas, a felony is a crime that’s punishable by more than a year in jail. With few exceptions, a prison sentence is served in the Institutional Division/State Jail Division of the Texas Department of Criminal Justice. Texas felonies are divided into five classes. The Texas legislature determines what distinguishes a crime from a felony. more > The post Degrees of Felonies and the Consequences appeared first on The Law Office of Matthew D. Sharp.
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US v. Sanchez-Gomez, No. 13-50561 (5-31-17)(en banc Kozinski; concurrence by Schroeder; dissent by Ikuta). Unshackle the chains! In an en banc decision, the 9th holds:The Constitution enshrines a fundamental right to be free of unwarranted restraints. Thus, we hold that if the government seeks to shackle a defendant, it must justify the infringement with specific security needs as to that particular defendant. Courts must decide whether the stated need for security outweighs the infringement on a defendant's right. This decision cannot be deferred to security providers or presumptively answered by routine policies. All of these requirements apply regardless of a jury's presence or whether it's a pretrial, trial or sentencing proceeding. Criminal defendants like any other party appearing in court, are entitled to enter the courtroom with their heads held high. (33)The 9th in so holding finds the policy of shackling all pretrial defendants in Cal S to…
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Semi Crash North of New Meadows Blocking US95 ** Update **
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: 5/31/2017 3:30 p.m. Please direct questions to the District Office ** Update ** As of 2:47 p.m., US95 was reopened with flaggers directing traffic at the scene. One lane of travel is currently open, while crews continue to clear the scene and repair power lines. 3158 ** Original Release ** At this time, the Idaho State Police are currently investigating a crash involving a commercial vehicle that has rolled and is blocking US95 at milepost 173, approximately 10 miles north of New Meadows. The Idaho Transportation Department has closed US95 from milepost 161 to 186 (New Meadows to Pollock). Power lines are down in the area. More information will be released when it…
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Driving Under The Influence Of Drugs Or While Addicted To Drugs
DRIVING WHILE ADDICTED TO A DRUG Did you know it is illegal to drive if you are addicted to a drug? That’s right, you could be charged under this statute even if you are not impaired by the drug you are addicted to at the time you are driving. While such an arrest, on its own, is unlikely, it is a “add-on” charge that a prosecutor can use. Vehicle Code section 23152, subdivision (c) very plainly makes it unlawful for a person to drive a vehicle if that person is “addicted to the use of any drug.” Practically speaking, if a driver is stopped by an officer and has no visible signs of an addiction, the officer cannot know that the driver is addicted to a drug. However, let’s say a driver is stopped and arrested for driving under the influence of alcohol. During the investigation at the time of arrest or later, it is learned that the driver is also addicted to a drug, an additional vehicle code violation under section 23152, subdivision (c) may,…
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FLYING UNDER THE INFLUENCE
Last month, a small plane made an emergency landing in Los Angeles County. It was not particularly noteworthy as fortunately no one was hurt. The pilot managed to make a hard landing in a warehouse parking lot with the only damage being to the aircraft’s wing as he clipped a stop sign on his way down. The incident’s noteworthiness is that the pilot, who was the only person on board, was arrested for being under the influence of alcohol. It’s amazing that he did such a good job of landing because he was seriously off course — he was flying from Temecula to San Diego, or so he thought. According to news reports, the pilot was arrested for misdemeanor DUI. If that is the only charge he faces, he’ll be getting off easy. Piloting an aircraft, even a private single-engine plane, falls under federal regulations. Flying while under the influence is a violation of the Federal Regulations and under the regulations, a pilot cannot fly a plane for eight hours…
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PROPOSITION 57 GIVES EARLY PAROLE TO CERTAIN NON-VIOLENT OFFENDERS
On November 8, 2016, California voters passed Proposition 57, The Public Safety and Rehabilitation Act of 201, by an overwhelming majority of 64%. This proposition contained two key provisions: 1) It makes certain non-violent felons eligible for immediate parole and 2) It requires a court hearing before a juvenile can be tried in adult court. Continue reading →
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IMPORTANT NEW LAW MAY PROVIDE RELIEF TO NONCITIZENS WHO FACE DEPORTATION FOR A PRIOR CONVICTION
A new law took effect on January 1, 2017 that may help some immigrants who face possible deportation due to a previous conviction. The federal laws concerning immigration stipulate that non-citizens, even those persons who are here legally, may be deported if they have been convicted of a deportable crime, and even if that conviction happened many years ago. With the stepped-up immigration controls and deportations, this has become an urgent matter for some immigrants. The new law in California, codified as Penal Code section 1473.7, allows those persons who are no longer under the jurisdiction of the court (that is, they are no longer incarcerated or serving a post-conviction sentence such as probation) to move the court to vacate the conviction if 1) the conviction or the sentence was legally invalid because the defendant pleaded guilty without understanding the potential immigration consequences or 2) there is newly discovered evidence that the defendant was actually…
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DOES MARIJUANA USE CAUSE SCHIZOPHRENIA?
With the recreational use of Marijuana now legal in eight states including California and its medical use legal in many more states, it might be time to revisit Reefer Madness. We laugh at that 1936 film that claimed marijuana created psychotic addicts but there may have been some truth in that old movie. While there is no evidence that “the burning weed with its roots in hell” as marijuana is depicted in Reefer Madness causes users to become violent or insane, there is substantial evidence that marijuana usage can increase the risk of developing schizophrenia and other psychotic disorders. The risk is particularly pronounced in adolescents who have a genetic susceptibility to schizophrenia. In a study conducted at the Sackler School of Medicine at Tel Aviv (Israel) University, researchers conducted experiments on mice that had a mutant gene indicating a genetic susceptibility to schizophrenia and on a control group of mice that were not susceptible. The mice were…
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Lots of notable new reporting and commentary from The Marshall Project
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MONEY BAIL SYSTEM REFORM IN CALIFORNIA
Last week I wrote about computer-assisted bail decisions. There is something even bigger afoot: a bill before the California Legislature—California Money Bail Reform Act of 2017—would end bail altogether for a wide array of charged offenses. Even when a judge grants bail, the offender often can’t pay it. This results in a huge number of individuals who are incarcerated even though they have not been convicted of any crime. In effect, they are incarcerated because they are poor—or at least, too poor to pay the bail bill. The California Money Bail Reform Act of 2017 would end excessive bail amounts for most misdemeanors and some felonies. Consider that the median bail amount ordered in California is $50,000. Even with the services of a bail bondsman, the defendant, or his or her family and friends, must come up with $5,000 to make bail. This is no small amount, especially if you are poor. And it means that a defendant unable to make bail will probably lose…
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Tips For Testifying In Court: Keep Your Emotions In Check
Although Jack Nicholson and Tom Cruise can get away with it in the movies, getting angry and raising your voice will land you in more trouble with the judge. For disrespectful behavior, the judge can hold you in contempt of court, which can result in a fine or, in more serious cases, jail time. Take a look at these tips for testifying in court, so you can be prepared for your day in court. How Loud Should I Be? When speaking in court, you should speak loudly enough to be heard, and clearly enough to be understood, but never raise your voice, or show that you are upset. Anger shows a lack of respect for the judge and the court proceedings, as well as a failure to grasp how much of your particular case depends on the judge. If you are not respectful of the judge, then he will be less likely to give you a favorable outcome when he can. In a similar fashion, you should never interrupt the judge or anyone else who is speaking, or…
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Congressional Investigations, Criminal Cases and The Knights Who Say “Ni!”
We are heading into what appears to be a summer of investigations along the Potomac, some of them in the House and Senate. What are some of the things we might reasonably expect to see as investigations congressional and criminal cross paths? And what does Monty Python have to do with it? Previously, I shared a few lessons about congressional investigations. First, the short-version video: Jack Sharman – Learning in Congress from Legal Filmworks Unlimited on Vimeo. Second, a longer how-to approach for lawyers and clients in a congressional investigation: Lessons From An Ex-Congressional Lawyer In particular: We are in the summer months. We have written before about summer hearings: As a former oversight-and-investigations lawyer for a House committee, I can testify: summer is the high season for O&I hearings. Nothing is going on legislatively, O&I hearings don’t require lobbyists or constituents, it is hot as hell but…
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Mitchell on Steiker & Steiker on Capital Punishment
Jonathan F. Mitchell (Stanford Law School) has posted Commentary, Capital Punishment and the Courts (130 Harv. L. Rev. Forum 269 (2017)) on SSRN. Here is the abstract: In Courting Death, Professors Carol Steiker and Jordan Steiker present a thoughtful and...
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Anger Management Classes And Cases Involving Violence, Abuse Or Neglect
ANGER MANAGEMENT Many violent crimes have one common variable: anger. As a criminal defense attorney in Orange County, I have witnessed the role anger plays in violent crimes from domestic abuse to assault to murder. While most people are able to control their feelings of anger to some degree or another, those who commit violent crimes often do so because they do not have the ability to control their anger. While there is certainly a multitude of variables that plays into any violent crime, anger is almost always one of them. And according to an analysis conducted by psychiatrists at Oxford and Maastricht Universities, when anger is combined with impulsiveness, there is a substantially increased risk of a violent outcome. But we don’t need studies to tell us what we already know: many who commit violent crimes have a problem with uncontrolled anger. That is where anger management comes in. One of the most common exhibitions of uncontrolled anger that ends in arrest is…
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US v. Orozco, No. 15-10385 (6-1-17)(Korman w/Tashima and M. Smith). This appeal is whether the stop of a tractor-trailer, driven by the defendant, was justified under the administrative search doctrine. The administrative search doctrine allows stops and searches, initiated in furtherance of a valid administrative scheme, in the absence of reasonable suspicion or probable cause. In this instance, the 9th holds that the stop of the truck was solely done to investigate criminal activity, which violates the doctrine. As such, the denial of the motion to suppress is reversed, the evidence is suppressed, even if the driver gave consent after the stop, and the counts of conviction vacated.The Nevada state statute allows administrative searches and limited searches of commercial vehicles. It is facially permissible because it serves a safety purpose. It does not allow a stop and search solely as a pretext for criminal searches. A motive to pursue a…
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Lifetime SBM without Lifetime Registration
The trial court’s order regarding sex offender registration and satellite-based monitoring (SBM) in State v. Johnson was wrong in part. But also right in part. But ultimately wrong. Robert Johnson was convicted of sexual offense with a child by an adult offender (under G.S. 14-27.4A at the time of his offense, now codified in G.S. 14-27.28) and sexual offense by a substitute parent. Based on those convictions, the trial court ordered him to register as a sex offender for life and enroll in SBM for life. On appeal, the defendant argued that the lifetime registration order was erroneous. The court of appeals agreed. The trial court based its lifetime registration order on its finding that the defendant had been convicted of an “aggravated offense.” An aggravated offense, you may recall, is defined as one that includes “engaging in a sexual act involving vaginal, anal, or oral penetration,” either through the use of force or the threat of serious…
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"Will the Death Penalty Ever Die?"
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Arrested for Shoplifting at Great Lakes Crossing Mall
Great Lakes Crossing Mall is a popular shopping destination due to its collection of outlet brand stores. Neiman Marcus, Off Saks, Victoria’s Secret, Forever 21, and Bass Pro Shop are a few of its known merchants. An issue that goes hand in hand with the large amount of traffic at Great Lakes Crossing and desirable merchandise is shoplifting. Great Lakes Crossing goes to great lengths to protect its tenants. There is mall security, close circuit court, and a working relationship with the stores and Auburn Hills Police. How do stores catch people? The stores also have mechanisms in place to protect to protect themselves from losses from retail fraud, embezzlement, and other types of theft such as: Continue reading
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News Scan
Drugged Driving Increasing: In the wake of several states legalizing recreational pot and the widespread reduction of penalties for use and possession of other drugs, studies are finding sharp increases in drugged driving. Quentin Fottrell of Market Watch reports that Auto accidents involving drugged drivers have increased by 22% over the last decade, along with increases of fatal drug overdoses. The biggest spike in overdoses were among generation X and baby boomers. The level of intoxication, testing and consequences for drivers high on drugs vary from state to state. The recent DUI arrest of Tiger Woods highlights the problem law enforcement faces in trying to keep intoxicated drivers off the roads.
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