The Florida Times Union just reported on a road rage case on Thursday in St. John’s County. According to the article, a newly licensed teen driver was with her mother and teenage brother when the vehicle behind them honked, flashed its lights and the driver gestured and yelled at them. The second vehicle then rammed the young driver’s car three times. The incident was witnessed by others who reported it to police. The offending driver subsequently was arrested and charged with three counts of aggravated battery, a third degree felony punishable by up to five years imprisonment and one of leaving the scene of a crash, a second degree misdemeanor punishable by up to 60 days in the county jail. This rather egregious example of road rage is not uncommon in Florida. Furthermore, the number of road rage incidents involving guns is on the rise. A study by the nonprofit news organization The Trace found there were more than 1,300…
Road Rage Cases
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Texas Town Makes It an Offense for a Child to Witness an Assault
The habitual exposure of children to violence in one Texas town has led the city council to make an assault in the presence of a child a criminal offense. The city council in Burleson near Fort Worth passed an ordinance with the support of Mayor Ken Shetter, reported The Ada News. Shetter is the president of the Fort Worth-based One Safe Place, a charity that offers family counseling for assault victims. Shetter said the partnership frequently encounters children who have experienced or been forced to participate in the trauma of abuse. He describes it as “an epidemic of trauma.” The fact the new law falls under a city code rather than state law means there are limitations on the potential sentence. The new ordinance in Burleson makes the offense just a Class C misdemeanor with a fine of up to $500. The fines can be imposed for “unjustified” violence between partners in the company of their children, irrespective of whether they are biological,…
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How Does Probation Work In Minnesota?
Probation is an option in criminal cases in lieu of a jail sentence. While you might be thinking that probation is equivalent to a slap on the wrist, it isn’t a walk in the park, and screwing up while you’re on probation can lead to time in jail. So today, we’re going to explain some of the ins and outs of probation, and we’re going to share some tips for surviving probation. What Is Probation? Probation is a period of time during which a criminal offender must refrain from certain activities or follow specific guidelines in lieu of a harsher sentence or as terms of their release from jail. Probation can last anywhere from a couple of months to the maximum probation term of 40 years, and it’s in your best interest to adhere to the guidelines set forth in your probation order during the entire probation duration. Although probation guidelines will be tailored to the individual, here’s a look at some examples of potential probation conditions.…
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Do You Have To Give Your Name to Las Vegas Police?
People frequently wonder what their rights are when they are being detained or questioned by police. For instance, they may wonder whether or not they will get in trouble for refusing to give their name to the police when the information is requested. The short answer is, yes, you can be arrested in Nevada if you refuse to provide your name while being detained by law enforcement. What many people don’t realize is that there is nothing in the Constitution that protects you from being arrested for refusing to give your name. As an example, consider a criminal case from Humboldt County where a sheriff’s deputy responded to a report that a man was assaulting a woman. The deputy asked for the suspect’s name nearly a dozen times with the man refusing to answer all the while. Finally, the man was arrested and charged with willfully resisting, delaying or obstructing a public officer under NRS 197.190. That’s because Nevada law says that someone being detained…
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"Former St. Louis police officer acquitted in murder of black man"
From Jurist: A St. Louis, Missouri, circuit judge on Friday acquitted [ruling, PDF] a former police officer accused of first degree murder for the shooting of a black man. Jason Stockley was pursuing Anthony Lamar during a high-speed chase when...
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Is Antifa a Street Gang?
David Pyrooz and James Densley assert that Antifa can be designated a street gang in this op-ed in the WSJ. They note that there are many definitions of "street gang":Yet under any scientific or official definition, Antifa makes the grade. Gangs are groups. They have a collective identity, which includes signs, symbols and other features that distinguish the in-group from the out-group. Bloods wear red; Crips wear blue; Antifa wear black. It's obvious when Antifa members join protests, even for the untrained eye. And don't be fooled by Antifa's diffuse structure. Conventional street gangs are pretty disorganized too.* * * By definition gangs must engage in illegal activity. That's what sets them apart from basketball teams and chess clubs. What moves Antifa into the gang category is the propensity for violence that we have witnessed at political events. Such criminal activity is…
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District of Columbia v. Wesby: Some Problems with a Fixed-Probability Approach to Probable Cause, with Potential Implications for Partial Marijuana Legalization
In response to my request for comments on the draft I recently posted on SSRN, Probable Cause to Believe What? Partial Marijuana Legalization and the Role of State Law in Federal Constitutional Doctrine, Wayne Logan (Florida State) brought to my...
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“Is it illegal to point your finger at a cop?”
Hypothetical Imagine this. A guy in Florida shapes his finger like a gun and points his finger at a cop. As he’s doing that, he tells the officer, “I got you now!” You may be thinking, “Well, that’s not a bright thing to do.” Well, I don’t disagree with you. The question that I’d like you to ponder is, “Is what he did a criminal offense?” Facts Continue reading →
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Massive Vote Suppression Down Under
Australia is having a referendum on same-sex marriage, but there is a problem, Rob Taylor reports for the WSJ. Can young voters learn to use a mailbox? The outcome of a national mail-in vote in Australia this fall on sanctioning same-sex marriage may teeter on the answer. "I don't really know what the go is with post boxes, stamps, that kind of thing," says 23-year-old Anna Dennis. Ms. Dennis, a sociology student at the elite Australian National University, says the last time she had to mail a parcel "I took my dad to help."* * *"Australians don't do postal votes," [Tiernan Brady of Equality Campaign] says. "The last one was in 1917, so we can safely say no one alive remembers it."* * *Ms. Dennis says conservative parents who collect the mail at home might try to hide the…
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News Scan
Illegal Immigrant Charged in San Francisco Murder: An illegal immigrant, enjoying sanctuary in San Francisco, has been charged with the robbery/murder of a 23-year-old man in the Mission District on August 15. NBC Bay Area reports that Erick Garcia-Pineda was one of three men charged with the crime, which involved shooting the victim with a stolen handgun. At the time of the murder, Garcia-Pineda was wearing an electronic monitoring bracelet, which placed him at the scene. Garcia-Pineda was linked to the murder after his arrest later that day for the assault and battery of another victim. During the investigation of that crime, a stolen handgun believed to be the murder weapon was seized. Fox News reports that the .38 caliber Smith & Wesson was stolen by Garcia-Pineda and co-defendant Jesus Perez-Araujo from a police officer's car four days before the murder. San Francisco is one of several dozen "sanctuary cities" which…
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High Profile Cases Spotlight Domestic Violence: Lessons for Defendants
Domestic violence affects people of every age, race and income level. But cases of domestic violence (DV) usually make the news only when prominent individuals such as actors, sports stars and reality TV celebrities become involved. These cases often open up important discussions… that are subsequently treated with only cartoonish analysis along the lines of “he’s bad; she’s good” or “she’s wrong; he’s right.” This is tragic, not only because domestic violence isn’t a simple crime but also because trivializing these cases prevents us collectively from reflecting and learning important lessons about ourselves, our habits and strategies that could prevent future violence. To that end, we’re going to summarize some major recent DV cases in the news and dive deeper—using them as a jumping off point to provide meaningful insight for defendants (and others). Ezekiel Elliot (Accusations Against an NFL Star) When…
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What Can Be Done to Reduce DUIs on a Societal Level—Without Resorting to Overly Punitive Measures? (Part 1)
If statistics alone could get people to change their behavior, drivers might pause before getting behind the wheel while under the influence of alcohol or drugs. But as you know empirically—perhaps because you’ve been arrested recently for DUI, or perhaps because a loved one just called you from jail in emotional distress because of an arrest—it’s not so simple. Why do drivers make poor/reckless decisions? And what can be done about the problem of DUI—on a community-wide or city-wide level—to make things safer for everyone? In this post and a subsequent one, we’ll take an unbiased (well, as unbiased as possible) look at the science and possible solutions. You probably are already all too familiar with facts like these from the Centers for Disease Control (CDC) and Prevention: Continue reading
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Maryland Assault Laws
Maryland Assault Laws Assault is a serious offense in Maryland and can carry stiff penalties, including jail and probation. The Maryland assault laws are strict and prosecuted everyday by State’s Attorneys and law enforcement. In Maryland, assault means the crimes of assault, battery and assault and battery. If you have been charged with assault of domestic violence assault in Maryland, we are here to help. We are Maryland criminal defense lawyers that have defended hundreds of people charged with assault in Maryland. Assault Laws in Maryland Assault defense lawyersUnder Maryland Title 3 of the Criminal Law, section 2, there are various assault crimes that an individual can be charged with. Those include: Assault in the first degree: CR 3-202 Assault in the second degree: CR 3-203 Reckless endangerment: CR 3-204 Prison Employee – Contact with bodily fluid: CR 3-205 Life threatening injury by motor vehicle or vessel while under the influence of alcohol and related…
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"DOJ rolls back program intended to identify problems in police departments"
From The Hill: As The Washington Post reported, DOJ’s civil rights division has for decades conducted “pattern or practice’’ probes of troubled police departments to determine whether there are systemic problems that require a court-appointed monitor to correct. The COPS...
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Monday Open Thread
I have seen so little news I didn't even know the Emmys were on last night. Apparently, Steven Colbert was not appreciated, as ratings were very very low. Was it Irma? Or has Trump-bashing lost its appeal? I pretty much ignore everything about... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Join Congressional Black Caucus panel: “Innocence Denied: Exploring the Intersection of Race, Bail & Guilty Pleas”
On Thursday, September 21 at 2 p.m. ET in Washington D.C., the Innocence Project will be hosting a panel at the Congressional Black Caucus Foundation’s Annual Legislative Conference. “Innocence Denied: Exploring the Intersection of Race, Bail and Guilty Pleas” will be moderated by Innocence Project’s Special Counsel for New Initiatives Chantá Parker with the following speakers: Rodney Roberts – Exoneree and founder of the Rodney Roberts Foundation Adam Foss– Former assistant district attorney Kristin Henning- Director of Georgetown University’s Juvenile Justice Clinic Tara Andrews Huffman – Director of the Open Society Institute’s Criminal and Juvenile Justice Program The event is open to the public. If you have any questions for these experts, click here or leave them below in the comments and follow the conversation #InnocenceDenied on Twitter. Related: Why do so many people plead guilty to crimes they…
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Should I See A Doctor After a Car Accident in Maryland?
Visiting a doctor after a car accident Car accidents are a common occurrence throughout Maryland. On any given day there are hundreds of accidents that can lead to injuries and even death. Determining if you need to see a doctor after a car accident is a personal decision you should make. If you are feeling pain or tenderness in any part of your body that you did not have before the accident, it is advisable that you seek medical attention to determine the cause of the pain. Hospital visit after an accident It is not uncommon for victims of a car accident to be transported to a hospital by ambulance after a car accident. When an accident occurs, it is advisable that the police should be contacted and if any pain or injury is felt that emergency medical responders should be called. If you’ve been involved in an accident and while you’re still inside your vehicle you feel sharp pain, you or someone else should ask for an ambulance to be dispatched to the scene of the…
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PPK: “Vamos a ver un cambio muy significativo en la economía”
PPK: “Vamos a ver un cambio muy significativo en la economía” El presidente dijo que los nuevos ministros garantizarán la continuidad de la gerencia económica del Gobierno. Cuando alguien afirma respecto de algo o de alguien señalando que habrá cambios significativos ESTÁ SOSTENIENDO que, lo que se tuvo hasta antes de tal afirmación no era lo mejor o faltó algo, la cuestión pasa a ser un disparate cuando a renglón seguido el mismo personaje más impávido y sinvergüenza que nunca declara “los que llegan garantizarán la gerencia de ese algo o alguien que sufrirá “cambios” es decir, se verán “cambios” con las personas incorporadas que mantendrán la gerencia previa de los remplazados de ese algo o alguien que por la ausencia de o mejorar algo, evidenciará “cambios significativos”!!!!…
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Strengthening Forensic Science Includes Supporting Forensic Laboratory Funding
DNA exonerations require, without exception, the hard work and involvement of forensic scientists who find, gather, preserve, test and analyze the evidence that proves the innocence of the Innocence Project’s clients. September 17-23, 2017, is National Forensic Science Week. This week is devoted to recognition of the important role that forensic science plays in the investigation of crimes, and provides an opportunity to reflect on the importance of strong, well-supported forensic science service providers and the infrastructure and laboratory operations support needed to set these laboratories up for success. Now more than ever, forensic science service providers are both underfunded and, at the same time, under enormous pressure to process an ever-increasing amount of evidence. This dynamic can force laboratories to limit the funds they spend on infrastructure such as software that helps track evidence as it moves through the system and radio-frequency…
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Is It Too Late To Hire a Lawyer After My Car Accident?
Can I Still Hire a Lawyer After My Car Accident? A common question we hear from a lot of clients is, “can I still hire a lawyer after my car accident?” While we do suggest that you retain an attorney as soon after your accident as possible. There are instances where individuals may wait to contact a personal injury attorney. If you’ve been hurt in an accident, contact the Law Offices of Randolph Rice today at 410.288.2900. It is never too late to hire a lawyer for your car accident case or any type of injury accident in Maryland. There is an exception to every Rule, and in Maryland it’s called a statute of limitations. In Maryland, a claim for injuries must be brought within three years after the accident. This is called the statute of limitations and bars lawsuits after the prescribed period. It’s been weeks since the accident It doesn’t matter if it’s been one week, 2 weeks, 2 months or a year after the accident. You can always hire a…
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