Rebuilding My Family in Recovery: Addiction Survivors Discuss Mending Fences After Finding Lasting SobrietyPhoto credit: PixabayThe excruciating pain of addiction isn’t limited to the person who’s abusing substances — it extends to those closest to them, too. Families are often forced to watch helplessly while their addicted loved one spirals out of control. When a person is able to enter addiction recovery, repairing the damage caused by their substance abuse often doesn’t come easily.Brandon is an addiction survivor who battled an opioid painkiller addiction for three years. We had the opportunity to talk to him about his journey to sobriety, the role his family played, and how he’s staying on the sober track today. Here’s some of what he shared with us.*****It wasn’t just that Brandon’s family knew he had a drug problem — it was that they’d truly watched him slip away before their very eyes.“My whole life…
New Arizona Fireworks Bill and Business Self Regulation
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New Jersey Media Examine “Toughness” of State DWI Laws
The legal treatment of driving while intoxicated (DWI) varies from one state to another, with some states categorizing it as a criminal offense and others, including New Jersey, calling it a traffic or motor vehicle offense. Several recent media reports have questioned whether New Jersey’s DWI laws are “tough enough,” pointing to the risks allegedly posed by repeat offenders. The New Jersey Legislature has revised and amended the DWI statute many times, and several bills are currently pending that would increase some penalties and reduce others. A key question to consider when discussing the “toughness” of DWI laws is whether the purpose of these laws is to punish people who violate the law, prevent people from violating the law in the future, or some combination of the two. This particular dispute is at least as old as the legal system itself. Every state defines DWI, in part, as driving with blood alcohol content (BAC) of 0.08 percent or higher.…
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Driver’s License Restoration: Eligibility Requirements
In Michigan, we have some of the most severe laws in our country when it comes to the punishment of drivers that have lost their license. Today will be the first in a series of articles that will discuss the topic of Driver’s License Restoration. We will begin by tackling the issue of the eligibility requirements for restoring your driver’s license once it has been revoked. What are the rules for eligibility in the State of Michigan? The first thing to keep in mind is the timing of asking to have your license restored. According to the Michigan Secretary of State, the rules state that one can apply for restoration 1 year after your first revocation or 5 years after any subsequent revocation within 7 years. While that timing seems harsh to many not in the legal profession, there are pitfalls that many people do not consider when dealing with this issue. Continue reading
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BPD Attempts to Intimidate College Students Ahead of Rally, But Students Should be Able to Peacefully Protest
Yesterday, Boston Police Commissioner William B. Evans sent a message of warning to Boston-area college students ahead of a planned “Free Speech” rally and numerous counter-protests. He told college students “please act in a way that would make your school, your family, and your city proud and please respect our neighborhoods. Student behavior off campus will be regarded the same as if it were on campus.” College students are subject to the laws of Massachusetts just like any other person in the state. If college students engage in illegal behavior at Saturday’s rallies, they can be arrested and prosecuted. But college students are also subject to the student conduct rules of their respective universities. Under Massachusetts law, those handbooks form the basis of a contractual relationship between the student and the college. Both students and colleges must abide by the rules set forth in the handbook; schools cannot punish students for behavior…
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Gin Van, Joan Collins and Rare Earth
Friday is upon us, so a few notes about cocktails. Blue Hawaiian, anyone? Cocktail snobbery is suffering a (deserved) backlash, as Robert O. Simonson of the New York Times points out in When Bad Drinks Go Good: Just as the cocktail renaissance has brought renewed fame to classics like the martini, the Manhattan and the Negroni, it has heaped fresh infamy on a rogues’ gallery of less classy concoctions, most of which emerged during the final decades of the last century. Now a backlash of sorts has begun, as some high-end bartenders apply their skills to a new challenge: doing bad drinks well. Bars like Holiday Cocktail Lounge in New York; Pépé Le Moko in Portland, Oregon; and the Automatic in Cambridge, Massachusetts, where the martini shares space on the menu with a blue margarita, have risen to this curious challenge. Whenever I see the Blue Hawaiian cocktail, which is not often, I compusively think of Elvis in Blue Hawaii (1961): Superb sash.…
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Preventing a Victim or Witness from Reporting a Crime in Florida
In Florida, and likely in all of the other states as well, it is illegal for a person to prevent another from reporting a crime or otherwise providing information about criminal activity to the police or in court. This is part of a more inclusive statute dealing with witness tampering. The Florida law makes it illegal for a person to use force, intimidation or threats to cause another person to avoid testifying or providing evidence in a case, damage or alter evidence, avoid a subpoena or testify falsely. It is also illegal to hinder a person from reporting a crime. This is a felony crime in Florida, and it becomes a more serious felony the more serious the underlying issue is. For instance, a person can be charged with a life felony of tampering with a witness if the person is obstructing a witness relating to certain serious first degree felony crimes. This situation can come up in almost any case, but it comes up more frequently in domestic…
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The role of social media in domestic violence charges
Recently, accusations of domestic violence against two baseball players did not originate from the usual sources, such as a police report, video or court testimony. Rather, the sources of the allegations came from social media. Kristen Eck, the former fiancée of Tampa Bays Rays catcher, Derek Norris, revealed on Instagram that she suffered physical and verbal abuse at the hands of Norris in 2015. Melisa Russell, the wife of Chicago Cubs shortstop, Addison Russell, also wrote on Instagram about the infidelity of her husband. In addition, a friend of hers posted that Russell had struck his wife in the presence of their two young children. Since the revelation of such accusations, Norris was waived by the Rays. Both ballplayers have issued denials of having committed the abuse. An MLB spokesman stated that the league was conducting an investigation into these cases, both of which have focused attention on the role of social media in drawing attention to domestic violence.…
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Califorina judge precludes death penalty for mass murderer as sanction for government misconduct
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Week of August 14-18, 2017
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The Letter No One Wants: Colorado DMV is Extending Your Interlock Due to Violations
Picture yourself enjoying Colorado’s blue sky and sunshine and reaching into your mailbox to find this little “gem”: “Colorado Department of Revenue records indicate that your ignition interlock device has prevented the operation of a motor vehicle in three of twelve consecutive reporting periods due to excessive blood alcohol content. In accordance with CRS 42-2-132.5 the period of your driver license interlock restriction is hereby extended for an additional one (1) year from the current expiration of your restriction. If we do not receive a new lease agreement by the Order of Suspension effective (date indicated in letter) through the extended restricted licensing period, your privilege to operate a motor vehicle in Colorado will be suspended. If suspended, you must immediately surrender any driver licenses and/or permits in your possession to any driver license office.” [Credit to: Colorado Department of Revenue, Driver…
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More on limiting debtors prisons practices
The Texas Municipal Courts Education Center has issued a summary of new debtors-prison reform legislation (HB 351/SB 1923) as well as guidance related to various laws governing expunction of juvenile records. Check them out here.RELATED: In the latest Reasonably Suspicious podcast (beginning at the 12:08 mark), I interviewed the Texas Fair Defense Project's Emily Gerrick on what local judges can do beyond that new law to limit debtors-prison practices in Texas. I asked Edward Spillane, Presiding Judge of municipal courts in College Station, for his thoughts on her suggestions, and here's how he replied:Emily made a number of excellent points. I'm excited that the new legislation will encourage a broader use of the waiver and community service processes judges have. I wish the surcharge program had gone away but now judges can end more easily the financial burdens defendants face from fines, fees and drivers license holds. I would include particularly…
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Yeager on Digital Privacy and Probationers
Daniel B. Yeager (California Western School of Law) has posted Certain Certiorari: The Digital Privacy Rights of Probationers on SSRN. Here is the abstract: In a recent oral argument, a judge on the California Court of Appeal told me they...
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Crime in California, 2016
Last summer, we reported that the annual Crime in California report showed that crime in the formerly golden state was up across the board. This year's report, which is 2016 data due to the reporting lag, is more mixed but still not good news, as noted in today's News Scan.Violent crime rates* rose across the board, 4.1% percent overall. See Table 2 on page 11 of the PDF file. The 2015-2016 interval is the first time in recent years that we have had a one-year change number with a consistent definition of rape (see footnote 1), and that figure is up a worrisome 6.4%.Property crime rates have bounced around since 2011, the last year that was mostly before the major California sentencing changed. Last year the overall property crime rate was up 6.6% percent from the year before, and this year it is down 2.9% from last year. Overall, property crime rates have been pretty flat since 2011, with a -1.9% change overall. National property…
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Virginia’s drug chemist lab is more backlogged than ever before
Virginia’s government drug chemist lab is more backlogged than ever before, as confirmed in its August 16, 2017, memorandum here That trend does not seem like it will be reversing any time soon. What does that mean for criminal defendants with pending drug and marijuana cases (other than simple marijuana possession, which do not always need a chemist test to prove it is marijuana)? It means that when the prosecutor is on the fence about offering a favorable plea deal in a drug case, the case may settle for a more favorable outcome before the drugs are tested. It means that delays in testing the drugs might lead to more police naturally transitioning off the force or geographically relocating during the time it takes to test the drugs, sometimes making it harder or more expensive for the prosecutor to prove the case. It means that if the trial judge agrees to reschedule a preliminary hearing to await further time to test the alleged drugs, the…
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Armed Robbery, Using a Computer to Commit a Crime and the Habitual Offender
This post examines a recent decision from the Court of Appeals of Michigan: People v. Washington, 2017 WL 3397494 (2017) (per curiam). The court begins the opinion, as courts usually do, by explaining how and why the prosecution arose:Defendant, Martell Washington, was convicted by a jury of armed robbery, Michigan Compiled Laws 750.529, assault with intent to do great bodily harm less than murder, Michigan Compiled Laws 750.84, assault by strangulation, Michigan Compiled Laws 750.84(1)(b), using a computer to commit a crime, Michigan Compiled Laws 752l796, unauthorized use of a financial transaction device, Michigan Compiled Laws 750.157n(1), felon in possession of a firearm, Michigan Compiled Laws 750.224f, and second-offense possession of a firearm during the commission of a felony, Michigan Compiled Laws 750.227b and was sentenced as a fourth-offense habitual offender, Michigan Compiled Laws 769.12, to concurrent prison terms of 37…
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Do brain-science advancements, death-penalty debates point to need for third path on young adults and crime?
Our latest "Reasonably Suspicious" podcast segment, Death and Texas, has sparked a number of lively, behind-the-scenes discussions, so I thought I'd pull it out as a stand-alone and provide links to a number of related, relevant resources. The topic: A ruling out of Kentucky finding that execution of defendants who committed their crimes before they were 21 years old violates the Eighth Amendment to the US Constitution, building on the holding in Roper v. Simmons. A majority of cases so situated come from Texas in recent years. You can listen to the full (5 minute) discussion here.For context, here's the ruling by the Kentucky judge under discussion and some relevant media coverage.Among states, Connecticut is considering extending the juvenile justice system all the way to age 21 because of similar considerations about youthful brain development.In the podcast, I mentioned my pal Vincent Schiraldi's work suggesting the need for an alternative…
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White House Confirms Steve Bannon is Out
Sarah Huckabee Sanders today at the press briefing: “White House Chief of Staff John F. Kelly and Steve Bannon have mutually agreed today would be Steve’s last day. We are grateful for his service and wish him the best.” Am I... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Memo to Trump: Don't Forget to Turn Off the Lights On Your Way Out
There is a hugely scathing (and in my view, pretty accurate) op-ed in today's New York Times by Frank Bruni, The Week When ... Trump Resigned. Bruni opines that Trump voluntarily abdicated the Oval Office on Tuesday: [More...] [h]is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Three Vehicle Crash I15@118
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 08/19/17 1:01 A.M. Please direct questions to the District Office On Friday August 18, 2017 at approximately 5:21 P.M., Idaho State Police investigated a three vehicle property damage crash on Interstate 15 at milepost 118, near Idaho Falls. Christopher Field, 40, of Nibley, UT, was driving northbound on I15 in a 2000 Sierra K2500 pickup pulling a trailer. Field failed to yield to slowing traffic in the area and struck a 2007 Mazda M3, driven by Janel Cortes, 18, of Idaho Falls, ID. Cortes' vehicle was pushed into the median guard rail. Field's vehicle continued on and struck a 2010 Ford F250 pickup, driven by Donald Hammer, 49, of Rexburg, ID. Hammer's vehicle…
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Always Skeptical, Never Cynical
A cynic is a man who knows the price of everything, and the value of nothing. –Oscar Wilde What distinguishes a cynic from a skeptic is the former impugns the motives of others, while the latter is inclined to require evidence before believing. Usage over time has conflated the words, which is unfortunate. Maybe the liquid is the cure for what ails ya. Maybe it’s snake oil. Until you know, you don’t know, and believing the person selling it isn’t a particularly effective way to find out. At the Puddle, it was noted that there was one (count them, one) practicing lawyer in attendance at the International Legal Technology Association 2017 conference. For about a decade, we’ve been informed by the unduly passionate that tech would change everything. To say that it hasn’t is an understatement. Remember how the futurists were going to Reinvent Law? Except it never happened. When I attended the last Reinvent Law, I enjoyed the presentations…
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