There are many circumstances in which an individual could be accused of a crime. Facing criminal accusations can be a stressful and intimidating process, and a conviction can affect a person's life in various ways, personal and professional alike. A Georgia man is facing felony criminal charges after allegedly assisting numerous individuals in faking community service. According to reports, a city employee allegedly falsified community service documents in order to assist multiple individuals in regaining their driving privileges. Authorities claim to have found evidence of these acts on a phone belonging to one of the individuals. They assert that a message on the phone allegedly informed another person that the man in question could assist with community service for either money or favors. While the investigation is still underway, police say they've already found several individuals who have received assistance from the man. His employment with the city has…
1 facing felony criminal charges after allegedly faking documents
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Recent Privilege Decision Raises Questions for Internal Investigations
A recent federal district court case raises significant issues regarding privilege that should be on the radar of any in-house or outside counsel conducting an internal investigation with the goal of producing a public report. As discussed in a recent Privilege Points, the investigation at issue was conducted for the Washington Metropolitan Area Transit Authority (WMATA) and focused on evaluating its business practices and the standard of conduct for its directors. As part of the investigation, the law firm conducted more than 30 interviews and created 51 interview memoranda, all of them marked as work product. The law firm created an investigative report of its findings and the WMATA board publically released the report. In civil litigation related to the investigation, plaintiffs sought production of the interview memoranda. The court’s decision, Banneker Ventures, LLC v. Graham, 2017 U.S. Dist. LEXIS 74155 (D.D.C. May 16, 2017), held that WMATA had waived privilege as…
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What Happens When I Violate Probation?
A probation sentence can be a blessing in some cases and a curse in others. In many situations accepting a plea to probation will get a defendant out of jail or prevent him or her from ever setting foot in jail, but sometimes it is not all it’s cracked up to be. Whether you receive 6 months or 3 years of supervision, your chances of successfully completing your time can often be largely influence by the agent that is assigned to your case. Forming a good relationship with your agent is key, and doing exactly what they say, while annoying at times, can be your easiest path to successful completion. Sometimes though a defendant will be assigned to an agent that is completely unreasonable and this is typically how violations begin. Remember that if your probation is or is about to be violated it does not mean you will automatically go to jail. If you fail a drug test, miss an appointment or catch a new charge your probation officer can let it slide or choose to inform the…
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What Happens at an Arraignment?
What happens after you’ve been arrested for a crime in California? According to the Sixth Amendment to the United States Constitution, you must be “informed of the nature and cause” of your arrest. This Sixth Amendment right is provided through what is known as an arraignment. An arraignment is the official first legal proceeding in […]
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Lens on Civil Asset Forfeitures
Jill Wieber Lens (Baylor University - Law School) has posted Justice Thomas, Civil Asset Forfeitures, and Punitive Damages on SSRN. Here is the abstract: For centuries, governments have used civil asset forfeiture laws to seize property used in criminal activity...
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News Scan
Study: Oakland Cops Are Racists: The scholars at Stanford have proven what the media, Black Lives Matter and Eric Holder have known all along, the police are racists. Heather MacDonald has this piece in the City Journal about the study performed by psychologists, linguists, and computer scientists which suggests that Oakland police treat black drivers less respectfully than white ones. The study, published in the Proceedings of the National Academy of Sciences, was well received by journalists at The Washington Post, the New York Times, and Science. Lead researcher Jennifer Eberhardt, is a Stanford psychology professor, who specializes in implicit bias, the idea that nearly everyone approaches allegedly disfavored groups with unconscious prejudice. 7th Circuit Overturns Death Sentence: The death sentence of a triple-murderer was overturned Friday in a ruling from the 7th Circuit Court of Appeals. Jonathan Stempel of Reuters reports…
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What is drug court?
In Kentucky, if you are charged with a drug-related crime, you may have the option to attend Drug Court. At Gatlin Voelker PLLC, we often work with people who are going through Drug Court. Not everyone will get this option, but if you do, it is something to take seriously because of the many benefits it can offer you. According to the Kentucky Court of Justice, Drug Court is set up as an alternative option to going to jail for drug charges. The Department of Specialty Courts at the Administrative Office of the Courts runs this program. Those chosen are seen as people who are capable and willing to commit to rehabilitation. The judge oversees you as you go through a set substance abuse program and process. As part of Drug Court, you may be assigned a probation officer and have to undergo drug screens at random times. You may also be sent to a rehabilitation program and monitored through electronic means. You may also have to attend group meetings. The court may…
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Caldwell Hit and Run
Abby, 15, and Kendall,12, McMillan were hit by a car while they were on the shoulder of Caldwell's Freezeout Road. They believe that they are victims of an intentional hit-and-run. The sisters were on their way back home from visiting their grandmother's house when they were rammed and knocked unconscious. Before they were hit, the eldest daughter heard the engine rev leading them to believe that the driver intentionally hit them.According to the release, the victims told authorities they were ejected from their two person utility task vehicle. Abby suffered a small lung puncture in the accident, and Kendall experienced bleeding and bruising in her brain. Both are expected to recover.Comments from Allen:The likelihood of finding the perpetrators of this crime is low; it probably will not happen unless the perpetrator brags about what he has done. That said, the charge against the defendant would not be for a hit-and-run (leaving the scene of an injury accident), but…
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Save Your Lawyer’s Phone Number
Keep A Lawyer’s Phone Number in Your Phone Odds are you don’t need a lawyer while reading this blog post. However, it is advisable and smart to always have a lawyer’s phone number stored or saved in your phone. With today’s smartphones most of the apps and operating systems offer a contact section. It is smart to think about putting a lawyer’s phone number in your phone now. Criminal lawyer – 24 hours We say this all the time, most people don’t leave their house in the morning and expect end up in handcuffs by that evening. So let’s assume that the unthinkable happens and you find yourself being arrested. Well, how could that happen? Most people don’t premeditate a crime. That means they don’t head out the door thinking “I’m going to commit a crime and be arrested and ultimately need a lawyer today.” So when the unthinkable happens and you are arrested, and it could be something as simple as not…
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Internet and Interstate Commerce: Scope of Federal Criminal Jurisdiction
What Makes Something a Federal Crime? Federal courts have subject matter jurisdiction over violations of the laws of the United States under 18 USC 3231. Some federal offenses are Constitutional – such as treason or counterfeiting. Other federal crimes are based on violations of federal statutes. Over time, the breadth of acts that fell under federal statutes increased greatly as Congress began enacting statutes based on the Commerce Clause. For instance, in the 1930s Congress began targeting organized crime by making offenses such as extortion, theft, bank robbery, and the possession of firearms federal crimes if the offense involved crossing state lines or “affected interstate commerce.” Through the early 90s, federal prosecution continued to grow no matter how little the crimes affected interstate commerce. In the mid-90s, the Supreme Court began drawing limits on Congress’ authority to federalize crimes. The Internet and Interstate Commerce Today,…
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Internet and Interstate Commerce: Scope of Federal Criminal Jurisdiction
What Makes Something a Federal Crime? Federal courts have subject matter jurisdiction over violations of the laws of the United States under 18 USC 3231. Some federal offenses are Constitutional – such as treason or counterfeiting. Other federal crimes are based on violations of federal statutes. Over time, the breadth of acts that fell under federal statutes increased greatly as Congress began enacting statutes based on the Commerce Clause. For instance, in the 1930s Congress began targeting organized crime by making offenses such as extortion, theft, bank robbery, and the possession of firearms federal crimes if the offense involved crossing state lines or “affected interstate commerce.” Through the early 90s, federal prosecution continued to grow no matter how little the crimes affected interstate commerce. In the mid-90s, the Supreme Court began drawing limits on Congress’ authority to federalize crimes. The Internet and Interstate Commerce Today,…
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REMEMBERING AN REGJB LEGEND
He was a US Marine. He fought in Korea at the infamous and hellish Chosin Reservoir battle against the Chinese in the brutal korean winter of 1950. He was a prolific author of pulp-fiction short stories. He knew his way around a bar and a courtroom and he had clients lining up top hire him. No checks please. Just cash. Every client was "a poor innocent child" upon which disaster had fallen. If he liked you, he added "darling" to your name when he saw you. Clients with multiple arrests while on bond were, to him, "a clear pattern of police harassment." His arms were often splayed out as he pled his case.He tried at least a case a week for probably forty years, maybe more. He was an REGJB original and his likes will not again be seen in our building. He died today, August 7, in 2007 and it doesn't seem like he has been gone ten years. Rest in peace old friend Sy Gaer.Here's the link to the…
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Fatal Crash 16400 Dufort Road, Priest River
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 08/03/2017 Please direct questions to the District Office ***Update to Press Release - Release of Victim's Identity*** On August 3rd, 2017 at 09:53 am, a fatality crash occurred in the 16000 block of Dufort Road near Priest River, Idaho. A 1992 Kenworth Tractor pulling a fully loaded log trailer being driven by Jesse R Flory (age 22 of Bonners Ferry, Idaho) was negotiating a left hand curve when he came across Katherine R Malone, (age 36 of Nashville, TN) jogging in the roadway. His truck overturned and a portion of the truck struck Malone. She was pronounced deceased at the scene and was transported by Sherman Knapp Funeral Home in Newport, Washington.…
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NICOLÁS LUCAR Y RADIO EXITOSA
NICOLÁS LUCAR Y RADIO EXITOSA Pocos días atrás el grupo “Exitosa” fue acusado de ejercer el más “vilo de los oficios”, de propalar denuncias falsas, no contrastar la información con las personas directamente involucradas, hemos vuelto a los 90, “es un sicosocial” y todos los males que exhiben los propios medios que levantaban su “dedo acusador”, ¡El director de “Exitosa” es el mismo sujeto que dirigía “El Chino” en la época de Montesinos!. ¿Por qué este asalto masivo, para decirlo de alguna manera, contra “Exitosa”?, denunció que el hijito de “sonrisitas” Martens había postulado a “Beca 18” (que NO era verdad, postuló a una Beca de Post Grado) siendo en aquel tiempo “sonrisitas” Asesora del Ministro Saavedra y por supuesto ella no…
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Wall on Cybersecurity Threats
David S. Wall (University of Leeds, Centre for Criminal Justice Studies) has posted Crime, Security and Information Communication Technologies: The Changing Cybersecurity Threat Landscape and Its Implications for Regulation and Policing on SSRN. Here is the abstract: Networked digital technologies...
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3 Pinellas Teens in Stolen Car Die in Violent Crash
Florida authorities said three teenagers – one 14-year-old and two 16-year-olds – stole a sport utility vehicle, sped away from officers and died in a fiery, violent crash early Sunday morning. The 4:30 a.m. crash happened in Pinellas County. A fourth teen in the SUV, who is 14, survived and is hospitalized. All the teens all had criminal histories – including one who had gotten out of jail on July 31. Reports indicate that a Ford Explorer and a Chrysler Sebring were stolen from a Clearwater car dealership Thursday. Both vehicles were spotted by deputies early Sunday morning. Deputies tried to apprehend the drivers of the cars, but didn’t pursue them. The sheriff’s office’s pursuit policy generally does not allow deputies to chase stolen cars. Deputies believed the teens were using the stolen cars to commit burglaries. At one point, they set up a perimeter to try to catch the teens, but a deputy spotted the vehicles outside of the…
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Texas to Move 1,000 Inmates Following Judge’s Ruling over Excessive Prison Heat
Severe heat at Texas prisons has been linked to deaths and lawsuits. Now Texas plans to move about 1,000 Texas prisoners to cooler cells. Last week, Texas submitted a plan under a court order to move 1,000 inmates who are sensitive to heat from the Pack Unit near Navasota to other state jails and prisons that have air conditioning. The Texas Tribune noted the plan followed a ruling by a federal judge against the Texas Department of Criminal Justice last month. The judge ordered air conditioning for the inmates. U.S. District Judge Keith Ellison said the temperatures at some jails in the Lone Star State are unconstitutional. He ordered air conditioning for inmates more prone to heat-related illnesses, such as prisoners with heart problems or those taking anti-psychotics that impair the body’s ability to cool itself. The problem goes beyond the Pack Unit. As many as three quarters of the living areas in Texas’ prisons and state jails lack air conditioning…
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Francisco Tudela y la dictadura venezolana
http://peru21.pe/politica/francisco-tudela-nicolas-maduro-se-le-llamar-dictador-no-presidente-2292619 Satisfecha la primera recomendación del señor Francisco Tudela, a quién dicho sea de paso le guardo el mayor respeto por sus conocimientos y la capacidad para transmitirlos, debo manifestar mi desacuerdo con el resto de su posición. Es un cuento la "democracia" que defiende señor Tudela, ¿Es acaso posible que en "nuestra democracia" el pueblo tenga no sólo la capacidad de reclamar o simplemente de opinar, derechos que en este instante disfruto, sino de ver satisfechas sus demandas?. No puede usted ver al igual que sus pares que el "dictador" Nicolás Maduro está cambiando Venezuela, ¿Sabe porqué?, porqué usted como sus iguales no saben ni tienen la más remota idea de lo que significa ser pobre y no me cuente usted que paseó por el Perú…
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No Bail for Some Colorado Domestic Violence and Stalking Cases Starts August 9, 2017
Starting August 9, 2017 some people charged with domestic violence offenses or stalking will not be eligible for bail/bond under a new Colorado law. As noted in the title of this post, the law only applies to some specific domestic violence and stalking cases. Colorado House Bill 17-1150 modifies CRS 16-4-201.5, which pertains to a person’s right to post a bail after a conviction enters. In other words, a person’s right to be free on bond, after entering a plea or after a finding of guilt at trial, while awaiting sentencing or appeal. The new law carves out exceptions to a person’s right to be free on bond. The first exception applies to a person who has entered a plea of guilty or who has been found guilty at trial of a Class 5 Felony act of domestic violence in violation of CRS 18-6-801(7). This particular Colorado statute relates to a person who has 3 or more prior domestic violence offenses (a/k/a “habitual domestic…
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Caught Driving Without Insurance In Minnesota
If you want to drive legally in Minnesota, you have to have three main items – a valid driver’s license, automobile insurance, and proof that you hold both a license and insurance. Most people have their driver’s license on them whenever they get in the car, but insurance is another issue. Today, we take a closer look at what happens if you’re caught driving without insurance or without proof of insurance in Minnesota. Minnesota Automobile Insurance Law Minnesota Statute 169.791 states that every driver must have proof of current automobile insurance at all times when they are driving a vehicle. This means not only do you have to have valid insurance, but you also need to be able to prove to the police officer that you in fact have valid insurance. If you don’t have insurance or any way to prove that you do, you’ll be cited for a misdemeanor offense of driving without insurance. The advent of the smartphone has made it easier for people to…
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