What is Indecent Exposure in Texas? Indecent Exposure is, in general terms, when a person exposes themselves to someone who might be offended or alarmed and the person exposing themselves is doing so for sexual gratification. Penal Code 21.08 defines Indecent Exposure as a person exposing his anus or any part of his genitals with the intent to arouse or gratify the sexual desire of any person while being reckless about whether another person is present who will be offended or alarmed by his exposure. Indecent exposure is a serious criminal offense in Texas, even though it is a misdemeanor. This is because the offense carries a stigma and often snap judgments – not only upon conviction but even on arrest. Prosecuting attorneys take these cases seriously, as will the entire court system. If you’ve been charged with indecent exposure in Texas, you’ll want the best attorney you can find at your side and as much knowledge as your can arm yourself with. What is the…
What is Indecent Exposure in Texas? Indecent Exposure Defense
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Electronic Monitoring in Texas Criminal Cases
Of the thousands of criminal cases brought by federal, state, county, and local prosecutors around the country each year, very few result in an actual bench or jury trial. Many or most cases end with a plea bargain of some sort. Modern technology has allowed law enforcement to develop electronic monitoring systems as an alternative to incarceration. These systems are now widely used by criminal courts, juvenile courts, and probation and parole officers. Electronic monitoring devices allow officials to monitor individuals’ movements and locations. In some cases, the use of these systems raises new civil rights questions. Technological and administrative shortcomings can also contribute to situations in which the electronic monitoring itself prevents a person from fulfilling other obligations in a criminal case. Electronic monitoring can take several forms. The Pretrial Services Division in Travis County, Texas describes two systems that it may use. “Radio…
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Violation of Probation for an Uninspired Job Search
For those of you no longer in school, isn’t it great that we don’t have a test today, or tomorrow? Have you noticed that kids these days are taking way too many tests in school? Two things seem obvious: 1) everybody agrees there’s too much testing, and 2) no one is doing anything about it. And, I would add a third point here, which is the fact that kids don’t learn anything from all this testing. In other words, if you compare students who have taken lots of tests to students who have taken few, often times the kids who had less testing are better off. In law school, we had one exam at the end of each semester. No quizzes. No midterms. One final exam, that’s it. There are a few countries out there that, supposedly, have the whole “education thing” figured out. Take Finland, for example (teachers love Finland, right?). Kids in Finland spend very little time in school, and very…
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Anniversary of Gonzales v. Raich
Today marks the 12th anniversary of the decision in Gonzales v. Raich, a decision whose repercussions still resonate across the legal marijuana market. Following precedent, the Supreme Court held that the Commerce Clause[1] of the Constitution allowed for the federal government to criminalize the private cultivation of marijuana, even if that cultivation was in compliance with state law. The Case The facts of the case demonstrate federalism at work. In 1996, California ratified proposition 215 otherwise known as “The Compassionate Use act of 1996”. This act legalized the use, sale and cultivation of medical marijuana with a recommendation from a doctor. California had become the third state to legalize medical marijuana, and the first to legalize it via referendum. Continue reading
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Michigan Criminal Law Firm Announces Addition of Several Attorneys to Staff
Over the past several months Grabel & Associates has added several attorneys to our criminal defense legal team. We are proud to have expanded our team, bringing outstanding lawyers with expertise in specific areas of criminal law on board and essentially offering even more legal support, guidance, and representation to our clients. Timothy Doman joined our team this year to pursue his passion for criminal law after working as a pre-hearing attorney with the Michigan Court of Appeals. His capability in out-of-the-box thinking and experience make Mr. Doman a great asset to our law firm. As a 2013 graduate of Wayne State University Law School, Timothy focuses on many areas of criminal law including DUI (DWI) and domestic violence. Shawn Danette Glaza obtained her law degree from Thomas Cooley Law School where she made the Dean’s list four terms in a row and received the prestigious book award in pre-trial skills class. Working in the criminal defense arena for more…
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Gang Activities Spike in Dallas According to Report
Dallas police chiefs have been accused in the past of downplaying the extent of gang activity in the city. However, the interim Police Chief David Pughes appears to have broken ranks by publicly acknowledging that gang activity is driving up violent crime in the city, reported WFAA. Violent crime is up just over four percent year-on-year in Dallas, but that statistic masks some massive increases. Pughes told council members his department saw a 148 percent increase in drive-by shootings from 49 to date last year to 122 so far this year. He blamed the city’s gang problem for the rise. WFAA referred to an incident on May 14 when an innocent bystander was killed in the crossfire in South Dallas. Police sources told the station, the incident was gang related. A gathering to remember two gang members in March ended in a gun battle that injured two. A woman lost her life after the wrong apartment was fire bombed last year. During the meeting, Pughes highlighted three specific…
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US-93 near Flying J, Jerome
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: Tuesday- June 6, 2017 12:05 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash southbound US-93 at 53.5, in Jerome. Both southbound lanes are completely blocked at this time. Drivers are urged to use caution when traveling in the area. 3632/3725 -------------
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What are the penalties for aggravated trafficking of drugs if charged at the state level?
What are the penalties for aggravated trafficking of drugs if charged at the state level? If you find yourself in state court and you've been charged with aggravated trafficking and drugs, it could be hit as an A, a B, or a C crime. Let's just deal with the most serious and the ones that we see on a regular basis – aggravated trafficking and scheduled drugs. What we're seeing now most of the time – large amounts of heroine. If you have more than six grams of heroine, it may not seem like a lot, but in the state of Maine, it brings you into the aggravated drug trafficking category. An aggravated drug trafficking charge, if convicted, has a maximum penalty of thirty years in prison, and a mandatory minimum penalty of four years in prison. That four years cannot be waived. So, if that aggravated trafficking is proven beyond a reasonable doubt or you plead guilty to it, the court has the power to sentence you to up to thirty years in prison, but…
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Sperling & Holst on Metaphor
Carrie Sperling and Kimberly Y. W. Holst (University of Wisconsin Law School, Frank J. Remington Center and Arizona State University) have posted Do Muddy Waters Shift Burdens? (Maryland Law Review, Vol. 76, No. 3, 2017) on SSRN. Here is the...
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What is a Gag Order in Florida Criminal Cases?
While it is one of the more misunderstood amendments, just about everyone has some familiarity with the First Amendment. The First Amendment covers a few general areas, but most people recognize it as giving people a right to free speech. One area where it is commonly misunderstood is when speech has negative consequences in the private sector, i.e. a person loses a job or a company gets boycotted based on speech. The First Amendment does not apply in these contexts. Private companies and private citizens can punish people or take action based on someone else’s speech. The First Amendment does apply to the government. In other words, the government, or any subdivision, department or employee thereof, is restricted in actions it can take based on the speech of a person. As a general matter, the police cannot arrest a person based on speech. The government cannot generally make laws prohibiting speech. Of course, there…
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U.S. Supreme Court Rules Time Limits Apply to SEC Disgorgement Orders
A unanimous United States Supreme Court held Monday, in Kokesh v. Securities and Exchange Commission, that the five-year statute of limitations under 28 U.S.C. § 2462 applies to disgorgement sought by the Securities and Exchange Commission. Previously, the Circuits had been split on this issue. The issue in Kokesh was straightforward. Kokesh appealed a trial court judgment ordering disgorgement of nearly $35 million for conduct between 1995 and 2009. Kokesh argued that this disgorgement award was in the nature of a penalty or forfeiture, and thus subject to the five-year statute of limitations under § 2462. Conversely, the SEC maintained that disgorgement, by its nature, is not a punitive remedy. Rather, because disgorgement is merely a remedy that prevents offenders from reaping ill-gotten gains, the SEC argued it is not subject to § 2462’s five-year statute of limitations. The Court, however, in a unanimous opinion authored by Justice Sonia Sotomayor,…
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A timely call for "Reorganizing the Federal Clemency Process"
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//blawgsearch75.rssing.com/chan-6519914/article25213-live.html
US v. Hankins, No. 15-30345 (6-6-17)(McKeown w/Fletcher & Dorsey). Can a defendant discharge court ordered restitution through a private settlement with the victim? The 9th answers "no." The restitution is part of the sentence, and restitution is required under MVRA. The MVRA does allow the court, if a victim declines restitution, to direct it to the general Crime Victims Fund.Here, the restitution for bank fraud ran to $350,000. The bank assigned the debt to a collection entity, which eventually entered into an agreement. The Government kept garnishing wages. The defendant sought to file a discharge of debt, but it was denied for the above reasons.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/06/15-30345.pdf
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News Scan
Woman Charged With Leaking NSA Documents: A 25-year-old woman has been charged with leaking national security secrets to the press. Derek Hawkins of the Washington Post reports that Reality Leigh Winner was arrested last Saturday for transmitting secret national security information to a news organization. The leaked information was related to attempted Russian hacking of a voting software supplier. Winner, an employee at Pluribus International, a government contractor, had access to top secret information. According to the FBI, in late May she printed out the top secret document and mailed it to a reporter at the leftist news outlet, The Intercept.CA Supreme Court Upholds Death Sentence: The California Supreme Court ruled Monday to uphold the death sentence given to Gerald Parker for the brutal murders of five women and one unborn child. The Orange County Register reports that Parker, a habitual felon known as the "Bedroom…
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CA6: Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search”
Realtime cell phone GPS tracking of a fugitive for 7+ hours was not a “search” under the Fourth Amendment, following United States v. Skinner, 690 F.3d 772, 781 (6th Cir. 2012). United States v. Riley, 2017 U.S. App. LEXIS 9900 … Continue reading →
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Supreme Court Unanimously Limits the SEC’s Ability to Seek Disgorgement
This week, the United State Supreme Court finally resolved a circuit split and unanimously held that SEC actions seeking to disgorge ill-gotten gains are subject to a five-year statute of limitations on civil fines, penalties or forfeitures under 28 U.S.C. § 2462. This decision is expected to dramatically reduce the SEC’s ability to collect disgorgement in enforcement actions. The decision arose out of an SEC enforcement action brought in 2009 that alleged between 1995 and 2006, Charles Kokesh, a New Mexico-based investment adviser, misappropriated $35 million from two investment advisory companies he owned and controlled, thereby squandering the money of tens of thousands of small investors. Kokesh was ultimately found liable at trial and the trial court ordered him to disgorge the entire $35 million he was found to have misappropriated plus interest, and pay a civil monetary penalty. Kokesh subsequently challenged the disgorgement order before the U.S.…
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More news on CSLI cert grant
MIT Technology Review: Warrantless Tracking of Cell Phone Location Data by the Police Could Get Harder EFF: Supreme Court Will Hear Significant Cell Phone Tracking Case techdirt: Supreme Court To Consider Fourth Amendment Implications Of Cell Site Location Info Digital … Continue reading →
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Do I need a traffic lawyer?
One question we hear often is, “Do I need a traffic lawyer?” While you may not be required to hire a traffic lawyer if you receive an Illinois traffic ticket, having proper legal representation is beneficial for a numerous reasons. A traffic attorney can listen to the facts of the case, review the ticket(s) that you were issued, review your prior driving record and determine the best course of action. A knowledgeable traffic attorney should be able to tell you the potential consequences of the ticket and appropriate strategy. For example, minor traffic tickets may result in a driver’s license suspension either based on your past record or simply due to the type of offense. A traffic attorney should know the precise effect a ticket may have on your driving record and driving privileges and the best way to avoid any negative consequences. Under the right circumstances, if a legal defense exists, a traffic attorney can argue your case at trial. If…
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Just Liberty post-session roundup podcast
Here's the latest Just Liberty podcast - this time reviewing criminal-justice reform legislation from the 85th Texas Legislature - featuring your correspondent and Texas Defender Service Executive Director Amanda Marzullo. Check it out. I have ordered a transcript and will append it below the jump when it arrives.
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Brennan Center provides a "final" accounting of rising violent crime in 2016
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