As reported in this Washington Post piece, the son of a notable political figure just managed to avoid pursuit of a criminal prosecution on minor marijuana charges. The piece is headlined "Chuck Hagel’s son, Ziller Hagel, has marijuana charges dismissed,"...
Non-prosecution deal worked out for Chuck Hagel's son on state marijuana charge
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Chicago Police Officer Accused of False DUI Arrests
Chicago Police Officer Harold Rodriguez, 46, is facing lawsuits filed by three former DUI defendants for wrongful-arrest. Gregory Sledge, one of the three men making these allegations against Rodriguez, claims he was framed last year for driving under the influence. Rodriguez claimed in his police report that he smelled a strong scent of burning cannabis emanating from Sledge's vehicle. However, no drugs were ever recovered. Additionally, all three men claim that Rodriguez stole money from their wallets after they were arrested. Their attorney alleges that Rodriguez "wanted to supplement his city salary, so he abused his badge and power to coerce bribes, steal cash and falsely arrest innocent people for the overtime pay associated with DUI arrests." A fourth individual is suing Rodriguez for stealing $400 in a traffic stop that ultimately did not result in an arrest.
Rodriguez was arrested in September on corruption charges after he was allegedly caught taking a $5,000 bribe in a Dunkin' Donuts bag to fix a traffic case. After the arrest, prosecutors dropped the DUI cases against all three men that filed suit for wrongful-arrest.
Men claim Chicago cop falsely arrested them for DUI, www.suntimes.com, May 24, 2013
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Can out of state traffic violations hurt your Virginia driving record?
As Virginia traffic lawyers we are often asked by clients and prospective clients who hold a Virginia driver’s license whether a speeding ticket or other traffic violation received in another state can hurt their Virginia driving record. The answer is yes. Since at least the late 1990s, many states’ motor vehicle authorities (DMVs) have participated [...]
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Police Find Weapons in a Car After it Smashed into a Tree in Rock Hill
A man, who told police that he was home from college, spent the evening in jail after authorities found several knives, brass knuckles, and a machete in his car. This incident occurred around 10:00 a.m., when police stopped a silver Honda Civic on Dave Lyle Boulevard after it ran off the road and struck a [...]The post Police Find Weapons in a Car After it Smashed into a Tree in Rock Hill appeared first on .
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Tennessee Becomes Latest State To Limit Drone Flights, Citing Fourth Amendment
MintPress: Tennessee Becomes Latest State To Limit Drone Flights, Citing Fourth Amendment:
Last week, Tennessee became the latest state to pass legislation limiting unmanned aerial drone flights in its territory. Governor Bill Haslam signed the Freedom of Unwarranted Surveillance Act into law making it the fifth state to have passed legislation restricting drone surveillance by police and federal agencies.
Citing a tally published by the American Civil Liberties Union, CBS News reports this month that legislation aimed at limiting drone flights by police departments has been proposed in 41 states and enacted into law in five states.
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CA6: Changing counsel after suppression hearing not a ground to reopen the suppression hearing
Getting a new attorney who saw the suppression issue differently is not a ground to reopen the suppression hearing. Defendant may be able to show it if he alleges and attempts to show IAC in the suppression hearing. Here, defendant was found to have consented. United States v. Holland, 2013 U.S. App. LEXIS 10745, 2013 FED App. 0522N (6th Cir. May 24, 2013):
[...] Read more!
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Federalism, search warrants, and cloud-based email: Correcting a false meme
There's a meme spreading in national coverage of Texas' legislation requiring warrants for email that needs quashing. At the National Journal, Brian Fung wrote that, "The Texas bill can't override ECPA [the Electronic Communications Privacy Act]; it can only change the way the state deals with lower-level cases. But it would set a high-profile example." Then, Cory Doctorow at Boing Boing wrote that, "The Texas law is somewhat symbolic (since it won't stop Fed snooping), but it's still an important step toward establishing a better norm in privacy standards for files on cloud-based services."The idea that this bill is "symbolic" or only applies in "lower-level cases" couldn't be further from the truth. Grits replied thusly to Doctorow in the comments:No, no no! Not symbolic at all! The overwhelming number of prosecutions including for the most serious cases like murder, sexual assault, child abuse, etc., all take place in STATE courts. The new warrant requirement applies in all those cases, which means it applies in most criminal cases in Texas, by a longshot. Ask your friends at EFF-Austin about it, they were part of the Texas Electronic Privacy Coalition that promulgated and helped pass the bill. States get to establish their own rules of criminal procedure with SCOTUS rulings and federal law as a floor, so the law headed to Perry covers every state and local cop in Texas, which means peace officers at more than 2,600 agencies.Let's be clear: Texas and other states get to set their own search-warrant standards as long as they don't go below floors set by the US Supreme Court. Beyond that, federal criminal procedure applies to federal agents - the FBI, DHS, etc.. It doesn't necessarily govern how states handle criminal cases in their own jurisdictions. In this case, however, Texas law currently incorporates the ECPA statute by reference. What the Stickland amendment to HB 2268 did was to delete the sections of Texas' statute that incorporated ECPA, instead insisting that a warrant will always be required for state and local government to access cloud-based email, no matter how old.Texas law doesn't apply to the FBI or other federal agencies operating here, but it does apply to state and local cops from the Texas Rangers to the lowliest two-man PD, every county sheriff, and Texas state agencies. In 2011, there were 256,664 felony cases processed in Texas state district courts according to the Office of Court Administrate (see here, p. 8 - add appointed and retained counsel totals). By contrast, in the fiscal year ending August 2012, federal courts processed 94,121 cases nationwide, with just a fraction of them in Texas (see here, subtract civil cases from the total). In fact, in Texas the feds have been doing fewer criminal cases because the Southern and Western Districts in particular have been overwhelmed with immigration cases, a situation exacerbated by the US Senate's inexplicable delays approving judicial appointments.All this to say, the warrants for email legislation would apply in the overwhelming majority of criminal prosecutions in Texas, including in the most "serious" cases. The bill is not "symbolic," nor does it only apply to minor cases. It's an expression of federalism - the laboratory of the states - and it would be virtually a snub to his beloved Tenth Amendment for Gov. Perry to veto it.
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Winning Strategy – Eagleswood Municipal Court, Ocean County
State vs. (Client will remain Anonymous) Eagleswood Municipal Court, Ocean County Result achieved on Wednesday, May 22, 2013 This was a fascinating case. The client was charged with DWI, Refusal, and underlying motor vehicle charges. It was a State Police case. This means that the client’s matter contained a Mobile Video Recorder (MVR). The MVR [...]
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thewhir.com: The Fixation on Warrantless Data Seizures Makes Prevention of Crime Harder
thewhir.com: The Fixation on Warrantless Data Seizures Makes Prevention of Crime Harder by David Snead:
[...] Read more!
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Clark County Official Arrested for Soliciting Prostitution with Children
This past weekend the forty-six year old head code enforcement officer with the Clark County Animal Control division was arrested on allegations of soliciting or possibly engaging minor prostitutes. Over twenty years ago he pleaded guilty to giving alcohol to minors and lost his job as a cop in White Pine County. He's now out of jail after a posting $5,000 bond.
The Nevada crime of solicitation of prostitution occurs when someone offers to trade sexual activity for money or something else of value. A person may still be convicted of this crime even if no sexual activity ends up occurring. Nevada authorities frequently send undercover cops into casinos or bars in order to catch "johns" or prostitutes trying to solicit prostitution.
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Torrance Worship Leader Faces New Molestation Charges
A 68-year-old worship leader from Torrance who has been recently charged with molesting a 10-year-old girl now faces additional charges. The Daily Breeze reports that a new investigation took place after a family member stepped forward with allegations. The new charges stemmed from an act that allegedly took place back in 2004 near Lomita Boulevard and Anza Avenue. The worship leader has pleaded not guilty to three counts of lewd acts with children and is scheduled to return to court June 5, 2013.
Molestation is defined as an act of unwanted and indecent advances for sexual gratification. The most serious molestation charges involve minors. Any form of physical contact of a sexual nature with a child is considered child molestation and the penalties for a conviction can be severe.
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SC House of Representatives Member Arrested for DUI Twice in a Year
A South Carolina State Representative has been arrested for a DUI charge not quite a year after a previous charge of DUI was issued to him. The man was arrested on the grounds of the South Carolina State House, according to police reports. Further, it was reported that the man was brought into jail around 1:00 a.m. [...]The post SC House of Representatives Member Arrested for DUI Twice in a Year appeared first on .
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Arena Football League coach arrested for role in brawl following game at Jacksonville arena
The defensive coordinator for a visiting Arena Football League team was arrested on a felony battery charge in Duval County for his role in a fight that left a 68-year-old Jacksonville Sharks team official in the hospital. Cedric Walker, listed at 6-foot and 245 pounds, is accused of pushing Jacksonville's assistant general manager in a fight that began near the visiting locker room following a May game, according to a report in the Florida Times-Union. The Sharks official was apparently confronting some of the Sharks' cheerleaders about why they were still on the field when coaches from the opposing San Jose SaberCats stepped in and the argument took off, the newspaper reported. Walker is accused of pushing the Sharks official, who had gall bladder surgery a week earlier, into a wall twice, the newspaper reported. The Sharks official was taken to a local hospital and was treated for a concussion.
The fight escalated from there and a Sharks trainer also suffered a broken nose when trying to break up the fight, though there were no other charges filed, the newspaper reported. Police found Walker in the parking lot following the fight and arrested him. He was released from jail the next day and is scheduled to appear in court again in June. In most instances, Walker would face a Jacksonville misdemeanor battery charge and a maximum penalty of a year in the county jail. But in this case, he is looking at a third-degree felony and up to five years in state prison. The difference in this Jacksonville Battery Case? The Sharks team official is 68 years old and police arrested Walker for battery on a person age 65 or older.
All types of assaults and batteries have significantly upgraded penalties when the victim is over the age of 65. The charge can apply regardless of whether or not the suspect knows the age of the victim, the defense of thinking the man was younger is off the table in this Jacksonville Battery Case. The law justifiably attempts to protect senior citizens, the same way it does children with enhanced penalties and a whole separate set of law involving Jacksonville Child Abuse and Child Neglect. In this Jacksonville Battery Case, though, it does not appear that Walker was preying on the Sharks official just because he was older. There was a verbal confrontation, things got heated and it escalated from there. Walker will be arraigned at his court appearance June 11 and it will be interesting to see if he is actually charged with the felony, or if the charge is reduced to a misdemeanor battery or even dropped. Much of the state's decision in Jacksonville Battery Cases centers around the wishes of the victim. Prosecutors prefer to have the victim on board with any charging decision, though it is not always possible. If this case does end up being a felony, expect to see plenty more detail on the Sharks' official's role in starting the altercation. It's difficult to make the case that the official is an innocent elder being pushed around if he is, in fact, part of the reason this Jacksonville Battery Case escalated in the first place.
If you or a loved one needs a criminal defense attorney in Duval County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Battery Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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Suspect in Stabbing of 64-year-old BP Customer Caught on Surveillance Footage
Maurice Abraham, a 27-year-old Detroit resident, may face trial after he was caught on surveillance footage at a BP gas station in the 20200 block of the southbound Lodge Freeway stabbing a 64-year-old man repeatedly after entering the store. Abraham's case has been bound over to the Wayne County Circuit Court. He was charged by the Wayne County Prosecutor's Office with assault with intent to murder, armed robbery, and assault with intent to do great bodily harm.
Abraham had also been charged with resisting and obstructing arrest, however those two counts were dismissed due to lack of evidence. The incident took place on May 11 at about 5 a.m. as Abraham allegedly approached the 64-year-old man as he was leaving the BP station, demanding his money.
The older man was chased by Abraham after fleeing back inside the station, then repeatedly stabbed as other patrons and employees witnessed the incident. He survived his injuries, although the suspect got away with an undisclosed amount of money.
Abraham reportedly lives in the area according to a news article at Mlive.com. Detroit Police Lt. David LeValley said that the video tape was broadcast on several newscasts, and that because of the broadcasts a tip was received providing the name of the suspect. Abraham remained in jail on Wednesday May 29 pending payment of a $100,000 bond.
Michigan criminal defense lawyers know that both armed robbery and assault with intent to murder are extremely serious charges, leaving individuals who are convicted facing harsh punishment. Armed robbery may be punishable by up to 15 years in prison depending on the circumstances; assault with intent to murder may leave the accused facing any number of years up to life in prison.
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East Lansing Police in Pursuit of 'Serial' Sexual Assault Suspect, Sketch Released
Over the past two months, two Michigan State University students have allegedly been the victims of sexual assault; a third individual was the victim of an attempted sexual assault. Now, East Lansing police have composed a sketch of the man they believe is responsible for the recent incidents, which began on April 20.
According to a news article at Mlive.com, the first victim was physically and sexually assaulted in a secluded area south of Lake Lansing Road at around midnight. On April 26, an MSU student was attacked at approximately 3 a.m. as she attempted to enter her Charles Street home. She was allegedly grabbed by a man who dragged her to a secluded location and attempted to sexually assault her following a physical assault.
The third incident occurred on May 16 when an MSU student was grabbed while walking in the parking lot of an apartment complex located at 204 E. Pointe Lane. The victim was physically and sexually assaulted after being dragged behind a dumpster. Following the assault, the suspect fled northbound on Abbot Road on foot.
All of the victims are MSU students, and all provided similar descriptions of the suspect to police, according to East Lansing police Capt. Jeff Murphy. The suspect is described as a white male approximately 18 to 25 years old of average height and build. Police believe that the assailant has a tattoo located on his left shoulder or arm. The composite sketch which has been released of the suspect is based on a witness description.
Michigan sex crime lawyers know that any sex offense is serious, and that individuals convicted of those offenses face not only jail time, but the lifelong stigma and hardship that comes with being labeled a sex offender. Ultimately an individual's reputation and career may be ruined; he or she will face difficulty securing employment and even a place to live.
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How to Get, and Remove, a No-Alcohol (B-Card) Restriction on Your Minnesota Driver’s License
Minnesota Department of Public Safety (DPS) may cancel your driving privileges if you have at least three DWIs in a ten-year period or at least four DWIs on record. If you have a special review notice on your driving record, then you will be canceled on your next DWI. The term “canceled and denied as [...]
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The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Kingpin Act Designations; Foreign Sanctions Evaders Designations; Executive Order 13622 Designations; Iran Sanctions Designations; Non-proliferation Designations; Counter Terrorism Designations”
The U.S. Department of the Treasury on May 31, 2013 released the following: “OFFICE OF FOREIGN ASSETS CONTROL Specially Designated Nationals Update The following individuals have been added to OFAC’s SDN List: ARABNEJAD, Hamid; DOB 16 Apr 1961; alt. DOB 03 May 1956; nationality Iran; Passport E1929795 (Iran) expires 25 May 2010; alt. Passport V08716254 […]![]()
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The New Reality: Drug-Detecting Dog Turns His Snout At Marijuana
Meet Dusty, a 19-month-old drug-sniffing black Labrador outside of Seattle with an unusually discriminating nose. Dusty digs and paws at a whiff of heroin, crack, cocaine or methamphetamine. But when encountering a pipe full of marijuana, he trots on by, reports the Associated Press. Read more..
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‘All the judges do it,’ says jurist of comments she made to new judge on her former case
When asked to recuse herself from a criminal case in which the newly appearing defense attorney was her husband’s divorce lawyer, an Ohio judge did so. But after the Hamilton County criminal case was reassigned, Common Pleas Judge Leslie Ghiz offered her thoughts about the case to the new judge.. Read more..
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DSM-5: Much ado about nothing? (Part I of II)
5-31-2013 National:
Ambitious "paradigm shift" fizzles
By now, you've seen the bad press about the American Psychiatric Association's new diagnostic codebook: Media pundits are labeling it "a...
[[This,an article summary.Please visit my website for complete article, and more.]]
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