Millions of Americans turn to certified organic foods in an effort to avoid pesticides, GMOs, and other franken-foods with potentially scary effects on one’s health. Townsend Farms Organic Antioxidant Blend sounds like the perfect healthy treat–organic, so it doesn’t contain chemicals and genetically engineered foods; antioxidants to fight free radicals. The ingredient list of this [...]
Organic Berries Linked to Hepatitis Outbreak
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Ypsilanti Township Man Bound Over for Trial in Washtenaw County Circuit Court in Criminal Sexual Conduct Case
Travis Applewhite, a 27-year-old Ypsilanti Township man, recently waived his right to a preliminary hearing in a case involving alleged criminal sexual conduct with a child under 13 in the second-degree. At his May 30 court appearance before Judge Richard Conlin for a preliminary examination of the evidence against him, Applewhite stood mute and requested a plea of not guilty be entered by the court on his behalf.
Applewhite was arrested and charged with second-degree CSC on May 7 following an alleged assault which was reported to have taken place in March of this year at an Ann Arbor residence, according to a news article at AnnArbor.com. The defendant told Magistrate Thomas Truesdell at the time of his arrest that there were no other criminal charges pending against him, and that he had never been convicted of a felony offense.
Applewhite's bond was set at 10 percent of $5,000, although he remains at the Washtenaw County Jail. A pre-trial hearing has been scheduled for June 12 before circuit court Judge Archie Brown.
If convicted, Applewhite could be sentenced to up to 15 years in prison.
Michigan sex criminal defense lawyers know that the potential consequences for anyone accused of a sex-related offense are serious and often life-changing. Not only may an individual face a lengthy prison sentence, he or she may also be required to register as a sex offender. Registered sex offenders are often shunned by society; obtaining employment or even housing can be difficult. Individuals convicted of second-degree criminal sexual conduct may find themselves facing 15 years behind bars, and a lifetime of electronic monitoring.
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TX focus on pot enforcement expanded since turn of century
The number of marijuana arrests in Texas increased by 38.5% over the first decade of the 21st century, according to a new report (pdf) by the national ACLU. By contrast, the 2010 state population was just 21% higher than in the 2000 census, meaning pot enforcement expanded significantly more than can be accounted for by population growth. (In some jurisdictions, like Austin, marijuana arrests have grown at even greater rates.)Texas law enforcement made 20,681 more marijuana arrests in 2010 than in 2001, according to the report, or 74,286 arrests total. Black folks made up about 26% of Texas pot arrests; by comparison, they make up 12% of the state population.In New York and Texas, the two states with the most marijuana arrests in 2010, 97% were for possession, said the report.All that said, the Lone Star State is less focused on marijuana enforcement than some jurisdictions. Texas ranked 15th in the rate of its citizens arrested for marijuana at 295 per 100,000, though that still comes in above the national average (256). Pot arrests were highest in D.C. (846), New York (535) and oddly, Nebraska (417).See the full report (pdf) for much more detail, these are just the Texas-specific highlights.
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Collins, McDonald & Gann Sponsors the Upcoming Atlantic States Bodybuilding Championships
Collins, McDonald & Gann is proud to be a sponsor of this weekend’s upcoming 2013 NPC Bev Francis Atlantic States Bodybuilding Championships. The event, one of the biggest bodybuilding competitions in the region, is being held on Saturday, June 8th at the Tribeca Performing Arts Center at 199 Chambers Street in Manhattan. CMG partner Rick... Read More »
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Test Post, Please Ignore
Test Post, Please Ignore
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Child care operator charged after Jacksonville toddler drowns in pool
A Jacksonville day care operator was arrested on a manslaughter charge last week after a 2-year-old boy drowned in a pool on her property last month. The charges were announced three days after the boy died, according to a report in the Florida Times-Union. Jan Marie Buchanan was charged with aggravated manslaughter of a child, a first degree felony punishable by up to 30 years in prison. She is also charged with operating a child care center without a license, though she was in the process of seeking a license, the newspaper reported. Operating a child care without a license is a misdemeanor with a maximum penalty of a year in the county jail, so the manslaughter charge is obviously the key charge in this Jacksonville Child Abuse Case. Buchanan was being held in the Duval County jail on a $250,000 bond, meaning it would take $25,000 for her to be released awaiting a trial.
Buchanan told police she had been swimming with the seven children in her care and then brought them all inside, the newspaper reported. She went to go change an infant and, while she did, the boy made it outside through a six or seven-inch opening by a sliding glass door. The lock to the gate to the pool was broken and the alarm that sounds when anyone enters the pool had been turned off due to rain the night before, the newspaper reported. The facts sound as if Buchanan normally took necessary precautions to protect the children in her care, but that this was a perfect storm of events that led to the death of the young boy. This is not a Jacksonville Child Abuse Case where a day care operator is hitting or physically abusing children. And while a license likely would not have prevented the boy's death, the lack of a license was probably a significant factor in the state filing the charges - and could be a reason they may choose not to negotiate.
The boy's parents have been supportive of the day care on their Facebook pages, but did not comment to the newspaper once charges were announced. It will be interesting to see if these charges end up being reduced at all in this Jacksonville Child Abuse Case. While the victim or, in this case the family of the victim, doesn't drive the bus in terms of the level of charges, prosecutors definitely keep their victims' wishes in mind when making filing and charging decisions. As time and reality sets in, the family may be more willing to see her prosecuted. Or the state may decide, as they say in many cases, that they are looking out for the victim and are the only ones who can see to it that justice is served.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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PRISM and Stellar Wind Programs
CBS reports that the PRISM program is an arm of the Stellar Wind program.
A top-secret arm of the controversial Stellar Wind program set up in the wake of 9/11 is allowing the National Security Agency and the FBI to tap directly into the central...
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Rock Hill Man Wrecks Car Into Another Car And Then Into A Building
A Rock Hill resident has just been arrested for slamming his car into a 66-year-old woman’s vehicle, and then right into a building, causing over $10,000 worth of damages to the building alone. The Rock Hill Police Department reported that the 51-year-old defendant was extremely intoxicated at the time of incident. His BAC level was [...]The post Rock Hill Man Wrecks Car Into Another Car And Then Into A Building appeared first on .
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Can I Clear My Criminal Record
If you are accused of a crime, your freedom, your family, your reputation, your immigration status, and your job may be at stake. A national background check is an investigation into a person's identity and past. Unlike local background checks, the national background check focuses on investigating details of a person's life throughout an entire country. Many employers perform national background checks on potential employees, especially those who will have to handle money or sensitive information. Some employers also perform national background checks on employees who have close, personal contact with people on a daily basis. If you have been charged with criminal violations in the past, the record of those charges may affect your ability to get work, housing, public benefits, financial aid for education, to drive or to enjoy other rights or privileges, such as voting. What Is Expungement?Expungement refers to the process of sealing arrest and conviction records. Virtually every state has enacted laws that allow people to expunge arrests and convictions from their records. Though the details can vary from one state to the next, most states' laws provide that once an arrest or conviction has been expunged, it need not be disclosed, including to potential employers or landlords. For example, assume that Joe was convicted of petty theft and later had the conviction expunged. This was Joe's only brush with the criminal justice system. If Joe applies for a job and the application asks, "Have you ever been convicted of a criminal offense?" Joe can honestly answer, "No."Criminal Record Expungement Process FAQSource-Florida Department Of Law InforcementHow do I have a criminal history record sealed or expunged? Florida Statutes, s.943.0585 and s.943.059, set forth the criteria that must be met in order to be eligible to have an adult criminal history record sealed or expunged. In addition, these statutes also state that in order to have a criminal history record sealed or expunged within the State of Florida, an individual must first make application to the FDLE for a Certificate of Eligibility. Please note that the issuance of a Certificate of Eligibility does not mean that your criminal history record will be ordered sealed or expunged. It merely indicates that you are statutorily eligible for the type of relief that is being requested. The criminal history record of a minor may also be eligible for other forms of expunction, as noted at Question No. 14, below.Where can I find the application for Certification of Eligibility? The FDLE provides applications for Certification of Eligibility to the Clerk of Courts in all sixty-seven (67) counties throughout the State of Florida. These application packages may be obtained from the criminal division within each county courthouse. Please contact your local county Clerk's office for additional information. If you reside outside the State of Florida, you may request that an application package be mailed to you.Why do I have a criminal history record when the charges against me were dropped/dismissed? The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term "criminal history information" is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.Should I obtain a copy of my criminal history record prior to applying for a Certificate of Eligibility? Under Florida and federal law, an individual has the right to request a copy of his or her criminal history record for purposes of review, to ensure that it is both accurate and complete. This process is known as a Personal Review. The requestor may examine the record obtained through Personal Review for accuracy and to challenge any information contained within the criminal history record that the record subject believes is inaccurate or incomplete. No charge is assessed by FDLE for this service. See s.943.056, Florida Statutes. A Personal Review allows an individual to determine which, if any, date(s) of arrest the applicant will be eligible to have sealed or expunged. However, obtaining a personal review is not a prerequisite to applying for a certificate of eligibility to seal or expunge a criminal history record.What is the difference between having a criminal history record sealed vs. expunged? When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety. When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that "Criminal Information has been Expunged from this Record".Having A Criminal Defense Attorney To Represent YouIf you are accused of a crime, your freedom, your family, your reputation, your immigration status, and your job may be at stake. The outcome you receive in the criminal justice system depends upon the experience and knowledge of the defense attorney you choose to represent you. When you retain the law firm of Andrew D. Stine, P.A., you do not simply retain a nationally recognized criminal defense lawyer. You retain a criminal defense team who has worked together for years and successfully represented clients in virtually every type of criminal case, including:Animal cruelty, such as dog fighting, cock fighting and abandonmentDrug crimes, such as drug trafficking and Oxycodone offenses Fraud, such as mortgage fraud, insider trading and mail fraudTraffic offenses, such as DUI Violent crimes, such as domestic violence and battery West Palm Beach lawyer Andrew Stine focuses exclusively on criminal defense cases and has an exceptional track record of results spanning the last ten years. A former public defender and medic for the U.S. Army, Mr. Stine is known for being proactive. He represents his clients aggressively, armed with individual attention and a passionate respect for their rights to due process.Contact our law firm to discuss your case in a confidential consultation. Distributed by Viestly
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Man Sentenced for Using Inflated Appraisals to Rip Off Lenders
Michael D. Robinson, 36, Kansas City, Missouri, was sentenced to a year and a day in federal prison. Robinson pleaded guilty to one count of conspiracy to commit mail fraud. In his plea, he admitted he conspired with others to provide false information to mortgage lenders. Robinson admitted he purchased houses that were being foreclosed and [...]
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Senate confirms new USSC Commissioners Barkow, Breyer and Pryor
Who says Congress cannot get anything sensible done these days? As reported in this official press release, the "United States Senate yesterday unanimously confirmed the nominations of three new members of the United States Sentencing Commission: Rachel E. Barkow of...
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The Problem with DUI Prevention Advertising and A Common Sense Suggestion to End DUIs, Part 1
In a previous blog entry I discussed the move towards reducing the nationwide DUI BAC limit to .05%. The stated interest is to reduce the number of deaths on the road. Now, as the majority of fatal accidents involving alcohol has an average BAC of 0.15%, reducing the per se limit from .08% to .05% does nothing to resolve higher BAC DUIs. We can also assume the reduction is meant to reduce DUIs in general (and keep DUI attorneys in business). I offer another suggestion, albeit against my financial position. Instead of focusing on reducing the BAC limit and increase prosecutions, I propose the interested parties focus instead on educating the public.
I have been practicing DUI defense for approximately three years. Defending those accused of driving under the influence provides a different perspective on the problem. The majority of clients I represent did not know they were impaired at the time they were pulled over.
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Morris Twp. Police Arrest Driver for Drunk Driving, Accuse Man of False Hit-and-Run Claim
As advocates for motorists accused of drinking and driving, drug-impaired motor vehicle operation and other alcohol-related violations, I and my colleagues maintain a healthy skepticism when it comes to charges levied by local and state police against drivers. But being skeptical of law enforcement officials does not mean that we do not respect the job that police officers do for our community.
Similarly, as officers of the court, we have a responsibility to the truth. One thing we do know is that fabricating stories in an effort to reduce guilt or avoid justice altogether is not the best course for most people who seek justice from the courts. Taking statements from all sides with a grain of salt allows one to keep an open mind and lends better perspective to important legal matters.
When it comes to being accused of drunken driving, most people want to avoid any consequences. As New Jersey DWI defense attorneys, I and my experienced team of trial lawyers understand the law and can use our skills and training to best advantage for our clients. This is important, since a conviction for driving under the influence can result in penalties ranging from the loss of one's license to heavy fines and even jail time.
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Mortgage Fraud Ringleader Fails to Self-Surrender
Ronnie Edward Duke, 45, Fenton, Michigan, was sentenced to 13 years in prison in connection with a multi-million-dollar mortgage fraud conspiracy. On June 3, 2013, he was scheduled to self-surrender and begin serving his sentence. Duke failed to appear. On June 5, 2013, the government filed a Motion seeking issuance of a Bench Warrant and [...]
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Michigan DUI 1st Offense -The Drinking Problem you don't have - Part 1
As a Detroit DUI lawyer, I interact with people facing a Michigan 1st offense drunk driving charge practically every day. Almost automatically, and without prompting, many of these people want to explain that they don't have a drinking problem. It...
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Tools smuggled into jail for escape
The Facts of the Case: The appellant was charged with the criminal act of breaking and entering with intent to commit a misdemeanor, viz.: petit larceny. The information charged three elements: unlawful breaking, unlawful entry and the intent to commit...
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DUI in Los Angeles News of the Weird (Part I)
As someone who's been arrested recently for DUI in Los Angeles, you’re probably not in a “joking” or jovial mood. But you might find it helpful to reflect on the following stories (culled in part from a Funny or Die article from 2010 called “The Six Weirdest DUI Arrests Ever Made”) not only to “feel better” about what you’ve been through but also to understand that crazy, strange stuff happens to everyone.![horse-dui-los-angeles.jpg]()
With that preamble, let’s dive into this catalogue of curiosities…
Weird DUI #1: DUI on a horse, of course!
Several years ago, Colorado police got a shock when they saw local man, Brian Drone, riding a horse through a local strip mall. Turns out, Mr. Drone had consumed a few alcoholic beverages before hopping on his steed, and officers arrested him. This makes sense. We don’t want people to drive DUI in Los Angeles (or anywhere) because they might lose control of their vehicles and cause injuries, property damage, etc. A DUI horse rider could easily wreak havoc and destroy a mall. Probably in the days of horse-drawn wagons -- before the emergence of the automobile – “RUI” accidents were all too common…
Weird DUI#2: DUI on a Barbie car – going 3 miles per hour!
Our second ridiculous case comes out of England, where 40 year old Paul Hutton, a Ex-Royal Airforce Aeronautical Engineer, got arrested by police after driving a "souped-up" electric Barbie car at 3 miles per hour near his Essex home.
Mr. Hutton had been showing off for his four children (ages 11-17). He later admitted that he had been a “complete twit” for hopping in the car while being twice the legal limit. (The legal limit for DUI in Los Angeles, as you might remember is 0.08% BAC, per CVC 23152).
Mr. Hutton told the court in Colchester: "I was very surprised to get done for drink-driving, but I was a twit to say the least… I’m in the third year of my electrical engineering course, and it was a little project [I was doing] with my son, who's doing a car mechanics course…When [the car] was done, I couldn't resist the temptation to take it out.”
The magistrate who heard the case said that the Barbie car DUI was “most unusual…I have never seen the like of it in 15 years on the bench… The vehicle is not even capable of doing the speed of a mobility scooter and could be outrun by a pedestrian. Taking this into account, we feel we can impose a sentence of a conditional discharge for a period of 12 months.”
Of course, not all Los Angeles DUIs are trivial matters – or laughing matters, for that matter.
For astute, thorough, and ethical assistance with your case, look to Mr. Michael Kraut of the Kraut Law Group. Attorney Kraut has a Harvard Law School education, and he has worked as a City Prosecutor (Senior Deputy District Attorney) and as a highly regarded LA criminal defense lawyer.
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With that preamble, let’s dive into this catalogue of curiosities…
Weird DUI #1: DUI on a horse, of course!
Several years ago, Colorado police got a shock when they saw local man, Brian Drone, riding a horse through a local strip mall. Turns out, Mr. Drone had consumed a few alcoholic beverages before hopping on his steed, and officers arrested him. This makes sense. We don’t want people to drive DUI in Los Angeles (or anywhere) because they might lose control of their vehicles and cause injuries, property damage, etc. A DUI horse rider could easily wreak havoc and destroy a mall. Probably in the days of horse-drawn wagons -- before the emergence of the automobile – “RUI” accidents were all too common…
Weird DUI#2: DUI on a Barbie car – going 3 miles per hour!
Our second ridiculous case comes out of England, where 40 year old Paul Hutton, a Ex-Royal Airforce Aeronautical Engineer, got arrested by police after driving a "souped-up" electric Barbie car at 3 miles per hour near his Essex home.
Mr. Hutton had been showing off for his four children (ages 11-17). He later admitted that he had been a “complete twit” for hopping in the car while being twice the legal limit. (The legal limit for DUI in Los Angeles, as you might remember is 0.08% BAC, per CVC 23152).
Mr. Hutton told the court in Colchester: "I was very surprised to get done for drink-driving, but I was a twit to say the least… I’m in the third year of my electrical engineering course, and it was a little project [I was doing] with my son, who's doing a car mechanics course…When [the car] was done, I couldn't resist the temptation to take it out.”
The magistrate who heard the case said that the Barbie car DUI was “most unusual…I have never seen the like of it in 15 years on the bench… The vehicle is not even capable of doing the speed of a mobility scooter and could be outrun by a pedestrian. Taking this into account, we feel we can impose a sentence of a conditional discharge for a period of 12 months.”
Of course, not all Los Angeles DUIs are trivial matters – or laughing matters, for that matter.
For astute, thorough, and ethical assistance with your case, look to Mr. Michael Kraut of the Kraut Law Group. Attorney Kraut has a Harvard Law School education, and he has worked as a City Prosecutor (Senior Deputy District Attorney) and as a highly regarded LA criminal defense lawyer.
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Federal safety board proposes lowering DUI BAC
The offense of Driving Under the Influence is also known as DUI. Illinois DUI law provides that driving under the influence of alcohol is a crime. 625 ILCS 5/11-501(a)(2) In this type of DUI charge, the prosecutor will attempt to prove that your ability to act with reasonable care is impaired due to the consumption of alcohol.
Just as any competent person is able to do, a police officer can give opinion testimony about intoxication. This includes physical manifestations of intoxication, such as slurred speech, bloodshot eyes, poor balance, difficulty following directions and saying the same thing, or asking the same question, repeatedly.
Non physical manifestations of intoxication include extreme moods (crying or argumentative), confusion as to current location, destination, time and day, disheveled appearance (clothing messed up) and difficulty performing basic tasks such as locating and or removing a driver's license, insurance card or proof of registration.
Furthermore, the National Highway Traffic Safety Administration (NHTSA) training manual for DWI detection identifies twenty cues of intoxication that police are trained to know. The most common cue is an overly wide turn.
NHTSA has also devised a set of three standardized tests that, according to NHTSA, are designed to demonstrate that a subject is over the legal limit for safe driving. These are known as the Standardized Field Sobriety Tests (SFST).
The first test administered is the Horizontal Gaze Nystagumus (HGN). In this test, the officer administering the test waves a pencil in front of your eyes. The reaction of your eyes supposedly gives clues as to whether you are intoxicated. As is the case with all the SFST, the results of the HGN are based upon the officer's subjective interpretation of the tests.
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Oregon bill targets johns who pay for sex with minor
6-7-2013 Oregon:
The Oregon Legislature is considering a bill that would toughen penalties for johns who solicit sex from underage prostitutes as part of a broader push to crack down on child sex...
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Milton Girls Coach Arrested for Indecent Assault
The Boston Globe reports that a Milton High School chemistry teacher and the girls track coach was arrested Friday on charges that he indecently assaulted a young female student, according to Milton police.
Dale Snyder, 64, of Abington, was charged with indecent assault and battery on a child over the age of 14 and two counts of assault and battery; he was held on $25,000 bail and will be arraigned in Quincy District Court on Monday morning.
In a statement, Milton Superintendent Mary C. Gormley said that the district was first informed of the alleged unlawful conduct on the evening of Monday and that Snyder was immediately placed on paid administrative leave. The district has been cooperating with Milton police, she said.
"The Milton Public School system takes any allegations which suggest a threat to the safety and integrity of our students extremely seriously," Gormley wrote. "We therefore ask each parent/guardian to have a very frank and open discussion with their children."
Milton Chief of Police Richard G. Wells Jr. declined to tell the Globe whether the unlawful conduct occurred on school property, though he said it occurred in Milton. He declined to say whether police believe there could be other victims.
According to the school's statement, Snyde, the coach of the girls track team, was inducted into the Massachusetts State Track Coaches Association Coaches Hall of Fame in 2009.
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