It’s always surprising for a Nevada DUI defense lawyer to hear people question the need for their services. People who are arrested on suspicion of DUI in Las Vegas or elsewhere in the state may think that they don’t need a lawyer for many reasons. Usually, it’s because they believe that their case has only one outcome: A guilty verdict. The reality is that multiple outcomes are possible with Nevada DUI arrests under chapter 484c. The only way that people limit themselves to a negative result is when they refuse to hire an attorney. This means that the justice system has everything going for it, including the police officer who made the arrest and an experienced prosecutor. All of these professionals, including the judge, work on dozens of DUI cases every year. Simply put, they have the process down to a science. Contrast that with your experience. Unless you’ve been arrested on multiple occasions, you’re probably unfamiliar with much of the legal…
You Need an Attorney If You’ve Been Charged with a Las Vegas DUI
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I Have Violated The Terms of My Probation – What Happens Next?
Following a criminal conviction, individuals are sometimes released back into the community with specific restrictions. This system – known as probation – may be served in lieu of, or in addition to, time behind bars. With probation comes an extensive list of potential restrictions, including regular meetings with a probation officer, drug testing, and even location monitoring via an electronic device. The particulars of your case, including past criminal history, will factor largely into the terms of your probation. But What if I Violated these Terms? It shouldn’t come as a surprise that the punishment for violating your probation terms will depend on the severity of that violation. For example, if you missed a meeting with your probation officer because you overslept, you might just get a slap on the wrist. However, if this is the third time you “overslept,” or if your violation was more serious, the punishment may be significantly harsher. Below…
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Alexander & Arlen on Reputation, Collateral Effects, and Corporate Crime
Cindy R. Alexander and Jennifer Arlen (Securities and Exchange Commission (SEC) and New York University School of Law) have posted Does Conviction Matter? The Reputational and Collateral Effects of Corporate Crime (Research Handbook on Corporate Crime and Financial Misdealing (Forthcoming))...
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Sessions’ Tough Policy on Drugs Fails to Lead to More Prosecutions
Attorney General Jeff Sessions has pledged a get-tough approach to drug crimes in America that would lead to longer sentences for possession and dealing in drugs. However, the hardline approach is not translating into more arrests, reported CBS. Indeed, drug prosecutions dropped during the first five months of the Trump presidency. Sessions has spoken of the need to “hammer” drug dealers and to max out sentences while President Trump campaigned as the law-and-order candidate. In May, Sessions directed federal prosecutors to seek the most serious charges possible against suspects. He said: “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.” The figures do not back up the rhetoric, according to CBS. Over the course of the first five months of Trump’s presidency from February through June, just 8,814 drug offenses were federally prosecuted, compared with 9,687 cases prosecuted…
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El Estado Desestima los Cargos, Blair Abandona la Carrera por la Oficina del Alguacil del Condado de Marion
El suspendido Alguacil del Condado de Marion, Chris Blair abandonó la carrera por la reelección y ha celebrado un acuerdo de enjuiciamiento diferido con la Oficina del Procurador del Estado para que desestime los cargos contra él por perjurio y mala conducta en sus funciones. Según el acuerdo, que Blair firmó el jueves, continuará recibiendo su pensión del sistema de retiro y el estado no procederá con los cargos en su contra que surgieron en su periodo como alguacil. Así mismo, el gobierno federal actualmente no lo considera sospechoso o tiene plan alguno de volver a presentar cargos penales contra él. La carta de Blair dirigida a Wesley Wilcox, supervisor de elecciones, dice: ¨Habiendo calificado debidamente para la elección para la oficina del Alguacil del Condado de Marion, en las Elecciones Republicanas Primarias y Generales de 2016, por la presente, inmediata e irrevocablemente renuncio a la…
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GRIECO DROPS OUT OF COMMISSIONER'S RACE
Former ASA, REGJB irregular Michael Grieco has formerly ended his re-election bid as a City Of Miami Beach (Motto: "Soon to be underwater and loving it.") Commissioner. With confirmed State and possible federal investigations swirling around the beleaguered pol, what do you make of this development? There are several different ways to view this. But far be it from us to engage in unwarranted speculation.In 1972, Senator George McGovern, having locked up the Democratic nomination, was looking for a VP candidate. Nixon, appearing unbeatable, frightened most of the top politicians away. Kennedy said no. So did Senators Humphrey, Muskie, and our fav- Birch Bayh. Bahstahn Mayor Kevin White accepted, but Ken Galbraith kaboshed it, threatening to walk the entire Massachusetts delegation out of the convention if that occurred. Finally George M settled on Missouri Senator Thomas Francis Eagleton. Who was a good pick EXCEPT....for his treatments and…
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Marijuana Sales and Weapons Misconduct in Arizona
In a recent Arizona marijuana case, the defendant appealed after being convicted of selling marijuana and weapons misconduct. The case arose when two detectives had a confidential informant conduct a controlled buy. The detective searched the informant to make sure he didn’t have money, drugs, or paraphernalia. The detectives photographed a set of $20 bills to be used to purchase drugs and set up the informant with a recording device. They followed the informant in cars to the target’s home. After going in, the informant returned to his car, accompanied by the target and a woman. The three went to the gas station, and the detectives followed. The target got out and went up to a white car that was parked at the gas station. He got inside and then went back to the informant’s car. They returned to the home, followed by the police. The informant dropped off the target and passenger. He met the detectives to be debriefed and searched. The detectives found a…
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What Can Be Done to Reduce DUIs on a Societal Level—Without Resorting to Overly Punitive Measures? (Part 2)
Every 51 minutes, someone in the U.S. dies in an alcohol-related motor vehicle accident. Everyone—DUI defendants included!—agrees that we need to “do something” to dramatically reduce this number, but there’s no agreement on what that solution should be. Traditionally, our system has been heavy on the sticks, light on the carrots. We punish DUI drivers tremendously—by stripping them of driving privileges, fining them, sending them to jail, hiking their insurance rates, and beyond. How well is this “heavy on the punitive” system working? Well, take a look at the first sentence in this paragraph—one death every 51 minutes. If we want to do better—and we can—we need to look beyond the punitive and consider other ways to shore up our system, deter unwanted behavior, reward compliant behavior and solve the (challenging and often deeply psychologically rooted) issues that encourage unfortunate behavior behind the…
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Let’s talk about sex (offenders)
Sex offenses. A conviction for these types of crimes is perhaps the most life altering of any conviction (felony or misdemeanor). Our clients who have been charged with sex crimes deal not only with the stigma of labels like “sex offender” “sexual predator” “rapist”, but also with the enduring label of a sex offender registry. Typically, if a person is convicted of a crime, he or she may progress through a few labels—from “defendant” to “probationer” or “inmate” and then “parolee.” Once the sentence has been served, however, the worst label they have left to deal with is “felon.” Being labeled a felon is certainly negative, and has serious consequences on the kinds of jobs individuals can apply for and the kinds of employers who are willing to hire them. But being labeled a felon usually does not prevent individuals from being able to…
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Does California Have Mandatory Minimum Sentences for Drug Crimes?
Compared to many other states, California has somewhat lenient drug laws. For example, simple possession of marijuana up to one ounce (28.5 grams) is not a criminal offense in California, despite being treated as a misdemeanor in many jurisdictions. Nonetheless, lengthy sentences can still be imposed on defendants convicted of serious drug crimes – and in some cases, defendants who are convicted of controlled substance offenses may face mandatory minimum sentencing. It depends on factors like the type of substance involved and the nature of the offense alleged, as the Ventura drug defense lawyers of Bamieh & Erickson discuss in this article. CA Mandatory Minimum Sentencing for Controlled Substance Felonies: The “Three Strikes” Law In 1994, California passed a sentencing law colloquially called the “Three Strikes and You’re Out” law, or simply the “Three Strikes” law. At the time it was originally enacted, the law established…
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Attacking Reasonable Suscpicion
When looking to attack a DWI charge the first question in the vast majority of cases is “did the officer have a reason to stop your client?” What is an Investigatory Stop? Begin any argument attacking the validity of a traffic stop with the highest law in the land: The Constitution. The Fourth Amendment protects individuals “against unreasonable searches and seizures.” U.S. Const. amend. IV. Do not start your argument by citing North Carolina cases, the Vehicle Code, or a blog article; begin by reminding the Court that the question before the Court is a question of whether the State (though its officer) has violated the U.S. Constitution. Some DWI stops result from violations of the vehicle code, not indicative of impairment, such as an expired registration, speeding, or a non-functioning taillight. However, some DWI stops are an investigation of impaired driving. “[A] traffic stop based on an officer’s [reasonable] suspicion that…
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Reviewing the racial bias and other concerns surrounding Georgia's planned execution of Keith Tharpe
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Criminal Defense Attorney on The Horns of Dilemma
Drunken cowboys and cowgirls on a trail ride is a recipe for trouble—and that is precisely what a jury found happen in December 2012 when a Texas trail ride visited Dayton in Liberty County. Allegedly, a drunken 54-year-old cowboy named A.W. Prine, Jr. sexually assaulted an unconscious 19-year-old cowgirl passed out in a pickup truck. The assault occurred after an alcohol-fueled celebration following a trail ride. The girl’s boyfriend, who was also a friend of Prine, caught Prine in the act of the assault. Prine made a hasty retreat in his pickup truck with his horse trailer attached. He didn’t get far. The police quickly chased him down. Cowboy, Criminal Code Violated Both the Cowboy Code and the Texas Criminal Code had been violated. Prine was indicted for the sexual assault. A jury in March 2015 convicted him of that assault and sentenced him to 20 years in prison and assessed a fine of $8,000. During the punishment phase of the trial,…
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Anthony Weiner Sentenced to 21 Months
Anthony Weiner was sentenced to 21 months in his sexting case. He pleaded guilty, pursuant to a plea agreement with the Government, to a one-count Information, charging him with transferring obscene material to a minor from January through March... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Cannabis use among patients at a comprehensive cancer center in a state with legalized medicinal and recreational use"
The title of this post is the title of this intriguing new research paper in the journal Cancer. Here is the paper's abstract (with key points emphasized): BACKGROUND Cannabis is purported to alleviate symptoms related to cancer treatment, although the patterns of use among cancer patients are not well known....<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/WynxBmY9CLI" height="1" width="1" alt=""/>
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Grinding out marijuana arrests withing rising drug arrests in latest FBI crime data
As reported in this post over at my sentencing blog, the 2016 edition of the FBI’s annual report Crime in the United States was released earlier today. This FBI report also includes arrest data, and Tom Angell has been quick to review and report on what the new data say...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Z08kI-B-oMM" height="1" width="1" alt=""/>
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Trump Revises Travel Ban, Sup. Ct Cancels Arguments
The Supreme Court has canceled oral arguments set for October 10 on Donald Trump's initial travel ban. In an order issued Monday, the justices asked for new briefs about whether the third rendition of the travel ban means there is nothing... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Alliance for Justice assails Third Circuit nominee Stephanos Bibas for his criminal justice work and writings
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US v. Jayavarman, No. 16-30082 (9-26-17)(Clifton w/Graber & M. Smith). One can be convicted of an attempt to produce child porn outside the US for importation under 18 U.S.C. § 2251(e) even if the "minor" is an adult, despite the fact that the government would have to prove that the minor was a minor for a conviction on the completed offense. In this case, the defendant went to Cambodia, where he filmed himself having sexual relations with a female he claimed was a minor. At trial, and on appeal, he argued that the female was in fact an adult. As a matter of statutory construction, the conviction must be reversed.The 9th rejects the argument, writing "We conclude that a person may be convicted for attempt to commute the crime charged [2251] if he believes that the victim was a minor, even if the victim was not in fact a minor." The 9th explains the focus is on the defendant's state of mind. In offenses where there is a face to face contact,…
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DOJ seeking DC Circuit en banc review of panel ruling finding 30-year mandatory minimums unconstitutionally excessive for Blackwater contractors who killed Iraqis
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