I have had a lot of clients lately who have been arrested after getting involved in various disputes while they were legally carrying handguns. I do represent a lot of clients in weapons crimes cases but these were not weapons cases. These were normal run of the mill breach of the peace or disorderly conduct cases that got escalated into much more serious charges due to the fact that the victim became aware that my client was carrying a weapon. No, they did not pull the handguns out and point them or brandish them at anyone. However the fact that the alleged victim(s) were able to ascertain that they were in possession of a handgun was enough for the Police to add additional charges for reckless endangerment based upon the unfounded allegations that my clients were carrying a handgun and brandishing it in the middle of a altercation. The law on open carry in Connecticut All pistol permit holders are entitled in Connecticut to either carry a handgun concealed…
Why You Should Not Openly Carry a Handgun – Even if You Have a Permit
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Congressional Control of Presidential Pardons Glenn Harlan Reynolds University of Tennessee College of Law Date Posted: 28 Aug 2017 3,644 2. Revenge Against Robots Christina Mulligan Brooklyn Law School Date...
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IN: Stop on erroneous BMV record registration expired was still reasonable under Heien
The officer here was driving around running LPNs, and defendant’s came back from BMV as “expired” even though that day was the last day of the registration, October 15, 2015. He stopped defendant, and several warrants surfaced on defendant. The … Continue reading →
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CONFRONTA LE MIGLIORI TARIFFE DI NOLEGGIO AUTO LOW COST IN ITALIA
NCCRè un sito di comparazione di NOLEGGIO AUTO LOW COST. Il nostro sistema confronta i prezzi delle più famose compagnie di AUTONOLEGGIO dando la possibilità ai nostri clienti di prenotare un'auto a NOLEGGIO al PREZZO DI MERCATO PIÙ BASSO.Puoi NOLEGGIARE UN'AUTOMOBILE di categoria economica, standard o un veicolo che offra un comfort superiore al tuo viaggio, dotata di cambio manuale o automatico, NCCR ti offre la garanzia di NOLEGGIARE la tua auto al prezzo più basso!Se hai già prenotato il tuo volo per una meravigliosa meta turistica e stai cercando un NOLEGGIO AUTO ALL'AEROPORTO di arrivo, NCCR ti aiuta a trovare la soluzione più conveniente. Potrai consultare online, nella pagina dei risultati, tutte le VETTURE DISPONIBILI e scegliere la compagnia con L'OFFERTA MIGLIORE PER TE.
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Accused Blackmailer Avoids Felony Conviction: Grand Larceny by Extortion Arrest Ends in Disorderly Conduct and No Criminal Record
Not every criminal lawyer in New York is an Extortion lawyer or Blackmail attorney. You can be well versed in the New York Penal Law, but not be familiar or have experience with the numerous subsections and theories of a Grand Larceny Extortion case. Fortunately for a Crotty Saland PC client, knowledge, experience and advocacy paid off in what on its face appeared to be a clear-cut violation of New York Penal Law 155.30(6) and other crimes. After a night of consuming alcohol, our client was alleged to have demanded thousands of dollar from a fellow reveler encountered the night before. More than a mere inconsequential meeting, our client woke in the bed of this man having no recollection of coming home with him. Upon learning that the two had intercourse, our client became extremely alarmed and insisted any sex was without consent. While it was likely indisputable that our client lacked the ability to consent, our client allegedly made a grave mistake and demanded multiple…
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The Batcave
Working on music, writing, reading, and watching old Columbia reels on the big wall.Making loops and beats.Beats and loops.Put one on and move to the collage.
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Short Take: Blurred Lines
High school kids do silly things, both because they’re kids and, well, that’s what one does in high school. So when the seniors at Braintree High decided to teach the juniors a lesson about respecting their elders, the cops decided to teach them a lesson. Students at Braintree High School learned a hard lesson Friday when the Braintree Police Department wrote $975 in tickets at the senior parking lot. Police said 65 cars in total were ticketed for parking across white parking lines, instead of within the lines, in a Facebook post on Friday. “We know it has been so long since you parked in the student lot so here’s a parking lot refresher. You better sit down for it,” police wrote. “Park ‘between’ the white lines. Not across.” This wasn’t merely poor parking skills, but a bit of senior anarchy. Clearly a senior prank, the police were not amused. But they did try to be amusing. Actually we heard the ‘Senyas’…
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What Would Goldilocks Say?
Was it Kristallnacht or Citronellanacht? For those who saw this as proof that 1939 was back, it’s been notably quiet since then, but for the talk about who these preppie-wannabes really are. Having already challenged the epithet “Nazis” as being a ridiculous characterization, and by kismet finding the word “Naxos” instead, I’ve answered the Goldilocks question, is it too harsh, too lenient or just right? In the New York Times Magazine, Sasha Chapin parses the word choice, though it’s not at all clear why his values should be taken any more seriously than anyone else’s. Ignatius became the common name Ignatz, or in its abbreviated form, Nazi. In the early 20th century, Bavarian peasants were frequent subjects of German mockery, and “Nazi” became the archetypal name for a comic figure: a bumbling, dimwitted yokel…When Adolf Hitler’s party emerged from Bavaria with a philosophy called…
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Ensuring Drunk Driving Breath Test Validity
Under Minnesota’s implied consent law, a motorist suspected of DWI/DUI does not have the right to refuse a breath test to determine intoxication as is the case with a blood or urine test where a warrant is required. However, there are several requirements necessary to ensure breath test validity. First, it is important to understand […] The post Ensuring Drunk Driving Breath Test Validity appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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A rare reform moment for bail reform
When Grits first began focusing on inequities in bail and pretrial detention back in the mid-aughts, insiders understood I was writing about real issues that needed addressing. But the response from the MSM and the public amounted to crickets chirping. Nobody outside of the insiders - who had to grapple with the daily reality of a failing system, even if the outside world hadn't noticed - seemed to care about locking defendants up for no other reason than that they were too poor to pay a private bail bondsman's fee.Back then, when I'd try to get reporters interested in these topics, they'd inevitably tell me, "But the bondsmen do the job for free, they're the free market solution to pretrial release." I tried to point out that it's not free if their clients are housed in jail at taxpayer expense until they choose to use their services. Plus, most absconding defendants are recaptured by law enforcement (at traffic stops, etc.), not bail…
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Virginia criminal lawyer on the need to work the case for the client once hired
Once I am hired by a criminal defense client, what is left is for me to work the case and fully defend my client. That holds true even if I ultimately realize that more work is involved than is reflected in the fee agreed to with my client. Clients are not widgets to be processed through a lawyer’s office. Criminal defendants have chosen their lawyer with the expectation that that the lawyer will work with full commitment for the client, and with the hope that their choice of lawyer will make a positive difference in their case. I remain stunned about the lawyers who at various times have told me that I am too committed to my clients, including (paraphrasing): – ‘Why don’t you just plead your client guilty and get out of court earlier this afternoon as a result?’ (We went to trial and did no worse than if there had been a guilty plea.) – ‘Why be so concerned about this judge’s bypassing major procedural rules?’ (I declined…
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Galena Biopharma pays over $7.5 million to settle kickback claims related to fentanyl-based drug
On September 8, the Department of Justice announced that Galena Biopharma, Inc., will pay more than $7.55 million to settle allegations, originally brought by a whistleblower, that the company provided kickbacks to healthcare providers to encourage prescribing of the company’s opioid pain killer. According to DOJ’s press release: Galena Biopharma Inc. (Galena) will pay more than $7.55 million to resolve allegations under the civil False Claims Act that it paid kickbacks to doctors to induce them to prescribe its fentanyl-based drug Abstral, the Department of Justice announced today. * * * The United States contends that Galena paid multiple types of kickbacks to induce doctors to prescribe Abstral, including providing more than 85 free meals to doctors and staff from a single, high-prescribing practice; paying doctors $5,000, and speakers $6,000, plus expenses, to attend an “advisory board” that was partly planned, and attended,…
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Law Offices of Jeffrey Lichtman Sues Mount Sinai St. Luke’s Hospital For Faxing Client’s HIV Diagnosis to His Workplace
The Law Offices of Jeffrey Lichtman has sued Mount Sinai St. Luke’s Hospital for negligently faxing over our client’s HIV diagnosis – to his office’s fax machine at the Actors Equity Association, despite his previously requesting in writing that the entirety of his medical records be sent to his private post office box or home. The hospital was investigated by the United States Department of Health and Human Services and found to have made this same mistake before with a patient’s HIV status; after admitting its responsibility in violating our client’s rights under the Health Insurance Portability and Accountability Act (HIPAA) and paying a $387,000 fine, the hospital refuses to even enter settlement negotiations with our client over the damages he suffered due to their negligence. Left with no other recourse, we brought this lawsuit. The Hospital Completely Abused Its Responsibility to Safeguard Medical Records Our client, a man…
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CA7: Officer’s “sucker-punch” and two minute beating of a “suspect” for no apparent reason violated 4A and supported officer’s civil rights conviction
Officer’s “sucker-punch” of store clerk then beating him for no apparent reason for two minutes justified his conviction for violating the store clerk’s Fourth Amendment rights. United States v. Brown, 2017 U.S. App. LEXIS 17403 (7th Cir. Sept. 8, 2017): … Continue reading →
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Case o' The Week: Title III for Parolee - Gutierrez and Necessity Showings in Title III Wiretaps
Necessity is the Mother of Invention (and the absent, Deadbeat Dad of Title III). United States v. Jesus Barragan, 2017 U.S. App. LEXIS 17388 (9thCir. September 8, 2107), decision available here. Players: Decision by Judge Hurwitz, joined by Judge Bea and visiting First Circuit Judge Lipez. Facts: Feds obtained a Title III order, tapped, then charged Mexican Mafia members in a RICO case. Id.at *6. One defendant was “Bullet” Gutierrez. Id. When the RICO investigation began, Gutierrez was in custody. Id. The wiretap sought interception of Gutierrez despite the fact that he was then on parole – and was already monitored – during the tap. Id. at *15-*16. The fact that Gutierrez was on parole, and was monitored, was omitted from the wiretap affidavit. “Gutierrez moved to suppress the wiretap evidence and for a hearing pursuant to Franks . . . , on whether [the requesting agent’s] affidavit was materially…
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Limit on DOJ funding for medical marijuana prosecutions extended to December 2017 in stop-gap spending bill
As reported in this prior post, last week early developments in the US House of Representatives made uncertain the prospects for continuation of the spending rider that currently blocks the US Justice Department from going after state-compliant medical marijuana actors. But, as this Cannabist article reports, another stop-gap spending bill...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/LuQG5g6PL4M" height="1" width="1" alt=""/>
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WSIPP report suggests not too much has changed with marijuana legalization in Washington state
The Washington State Institute for Public Policy (WSIPP), which serves as a chief research arm for Washington’s legislature in Olympia, has been been tasked with assessing the costs and benefits of marijuana legalization in the state. It is required to produce reports in 2015, 2017, 2022, and 2032. The first...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ULiqMKm41yM" height="1" width="1" alt=""/>
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"A Safer Way To Legalize Marijuana"
The title of this post is the headline of this notable extended commentary appearing at the Heath Affairs Blog authored by Rebecca Haffajee, Alex Liber, and Kenneth Warner. Here are excerpts: Those crafting marijuana laws can draw upon lessons learned about the harms of combusted tobacco and the smoking control...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/8xMDB6ljKxg" height="1" width="1" alt=""/>
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Feeding the Machine: Policing, Crime Data, & Algorithms Elizabeth E. Joh University of California, Davis - School of Law Date Posted: 21 Aug 2017 234 2. The Reid Interrogation Technique...
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Natural experiment tests rehabilitation potential for teen killers
Source: TCJC Twitter feed.Grits has been thinking a lot lately about the question of whether adult justice systems sufficiently address the needs or adequately assess the likelihood of rehabilitation for offenders in 17-25 years old range, particularly after our Reasonably Suspicious podcast segment on the topic last month.During the 17-25 year old period, and particularly before age 21, neuroscientists now understand that young brains have yet to finish developing, especially as it relates to cognitive reasoning and impulse control. And some national experts have persuasively argued that the justice system needs to more effectively accommodate those differences in brain function.So, in that vein, Grits was interested in this story out of the Phildadelphia Inquirer (9/7) detailing the fates of 70 released murderers who committed their crimes as young men and women. Like the defendant in Kentucky, they had served sentences for heinous crimes committed when they were teenagers.…
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