Where the State is seeking to introduce a blood alcohol concentration as evidence against your client, there are a number of Constitutional and statutory challenges that can be utilized in seeking to suppress such evidence from being offered. Attack 1: Disputing the Collection of Blood Evidence The Warrant Requirement and it’s Exceptions Every attack on State collected blood results should begin with reference to the Constitution. The Fourth Amendment of the U.S. Constitution and Article I of the N.C. Constitution protect citizens against unreasonable searches and seizures. U.S. Const. amend IV; N.C. Const art I. § 20. Drawing blood is a search. Schumerber v. California, 384 U.S. 757, 86 S. Ct. 1826 (1966). A warrantless search of a person is per se unreasonable unless it falls within a recognized exception to the warrant requirement. Missouri v. McNeely, 569 U.S. ____, 133 S. Ct. 1552 (2013). “Blood tests are significantly more intrusive than…
Attacking the Introduction of Blood Alcohol Concentration
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CNN International: NSA reveals 100000 foreign nationals under surveillance
CNN International: NSA reveals 100000 foreign nationals under surveillance by Jim Sciutto and Zachary Cohen
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Fitness to Stand Trial in South Carolina – Defending Clients with Special Needs and Mental Disabilities
Lawyers in Charleston, SC - Futeral and Nelson, LLC The criminal defense lawyers at Futeral & Nelson handle cases for people with special needs, intellectual disabilities, and mental illness. Some people who face these challenges are completely functional in society or are at least very high functioning. Others, however, really can’t distinguish right from wrong. Issues such as impulsivity and lack of control can [...] The post Fitness to Stand Trial in South Carolina – Defending Clients with Special Needs and Mental Disabilities appeared first on Futeral & Nelson LLC.
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News Scan
The Black Lives Matter Lie: Since the August 2014 shooting of Michael Brown in Ferguson, Missouri, civil rights activists including former President Obama have parroted the lie that police are routinely gunning down unarmed black men because of their race. It does not matter to the Black Lives Matter movement that 93% of the 7,881 black murder victims last year were killed by black criminals. It does not matter that while blacks are 13% of the U.S. population, blacks account for over 52% of all murderers. It does not matter that the Obama Justice Department did not find racial bias in Michael Brown's shooting, or with Freddie Gray (Baltimore) or Eric Garner (New York). The truth and the data don't matter. Heather MacDonald has this piece in the City Journal providing more data from the newly-released national crime report for 2016, proving again that black lives don't seem to matter to Black Lives Matter. Only the…
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How Do Accident Attorneys Get Paid?
Accident attorneys or “accident lawyers” are a specific and specialized area of the law that represent individuals who been hurt in an accident because of the negligence of another. Accident attorneys work on a contingency basis and are paid from the proceeds of a settlement or verdict in your accident case. When you ask how do accident attorneys get paid, you will find that their fees are reasonable based on the amount of time, effort and risk that the accident attorney takes. The most valuable asset that any lawyer has is there time. Lawyers typically get paid by an hourly fee or a flat fee depending on the type of case. However for accident cases, and accident claims, accident lawyers and personal injury attorneys are paid a contingency fee. Contingency fees are some of the fairest and most motivating type of fee structure for any type of legal action. How Do Accident Attorneys Get Paid? The reason for this is there is an incentive for the lawyer to succeed in…
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Looking for a Lawyer? Buyer Beware
The practice of law is both a profession and a business. Many lawyers can rely on their winning track record and high ethics to gain a reputation that engenders word-of mouth referrals. Other lawyers buttress their status in the profession with advertising. Gone are the days, however, of yellow pages ads. Today’s lawyers utilize television, radio, and the internet to entice potential clients. Many of these ads fall into the “conservative, balding lawyer standing in front of a bookcase” category. While others are innovative, even racy! Case in point: An all-women law firm in Chicago created a billboard ad that read “Life’s Short. Get a Divorce.” The ad featured a photo of an attractive woman in her lingerie beside a handsome man with a six-pack. It turned out that the woman who posed for the ad was the lead attorney at the firm and the dude with her was her personal trainer. She reported that the firm was inundated with phone calls.…
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The "Studies Show" Shell Game: Minimum Wage Version
David Neumark, professor of economics and director of the Economic Self-Sufficiency Policy Research Institute at the University of California, Irvine, has this op-ed in the WSJ regarding the empirical research on the effects of boosting the minimum wage. The particular issue is, of course, off-topic for the blog, and CJLF takes no position on it. The tone of the debate, though, is all too familiar to those of us who study studies in criminal law:Does the minimum wage destroy jobs? The debate over that question often reduces to dueling economic studies. One side cites analyses showing that employers respond to a wage floor by cutting hours or jobs. The other side pulls out studies saying the minimum wage is a free lunch for workers. To really understand what's going on, you need to get under the hood. The key challenge in estimating the effects of a rising minimum wage is identifying a good control group. Generally economists want to find a set of workers…
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Spotting the Warning Signs of Elder Abuse
Most of us lead busy lives, juggling the demands of work while providing for our families. If you have elderly loved ones, it can be challenging making sure they get the care and attention they need. Sadly, elder abuse has become an increasingly common problem in Northern California and other areas, regardless of whether your family members are in a nursing home or long-term care facility or receive outside help within their own home. It is important to be aware of the types of elder abuse which most commonly occur, as well as the signs that your loved one may be a victim. Common Types of Elder Abuse The National Council on Aging (NCOA) reports that as many as one out of every 10 citizens in the U.S. over the age of 60 has experienced some form of abuse, amounting to as many as five million people each year. Unfortunately, only one out of every 14 of these cases is reported to law enforcement, and it is often up to family members to realize that abuse is…
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Former High School Student Accuses Teacher of Sex Abuse
52-year-old Mary Jahn, an English teacher at Lakewood High School since 2006, has been accused of engaging in a sexual relationship for three years with a former female student which began when the girl was 15 years old in 2008. According to the authorities, after the girl turned 18 in 2011 she and Jahn’s physical intimacy ended, but they stayed in touch on and off until early spring of this year when the student reported the alleged sexual abuse to the police. Following the student’s report an investigation began, and Jahn was put on leave from her teaching position. She was arrested on September 13. The Long Beach Unified School District has offered their support to the authorities, and after Jahn’s arrest they released a public statement assuring that the “safety and well-being of our students is always our primary concern.” Following a short court proceeding Jahn now faces criminal charges for 9 felonies comprised of four counts of sexual…
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Florida Court Rules it is OK for Police Officer to Stop DUI Suspect He Had Seen Impaired an Hour Earlier
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, a police officer will observe a person driving erratically or violate a traffic law and pull that driver over. The police officer will claim to observe evidence that the driver is impaired from alcohol or drugs and proceed with a DUI investigation that includes questioning, field sobriety tests (if the driver agrees) and a request to submit to the breathalyzer machine. There are other ways for DUI cases to start (an accident, a DUI checkpoint, a driver asleep in a parked vehicle), but this is the most common. However, in a recent DUI case near Jacksonville, Florida, a police officer responded to a incident at a local bar. He observed the defendant next to her car, and believed that she was highly intoxicated. He told her not to drive and warned her that he would pull her over if he saw her on the roads. Approximately an hour later, the police officer drove to the bar and saw…
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Attorney General Sessions Speaks at Georgetown
The Washington Post carries this article about Attorney General Sessions' talk today at the school where I'm an adjunct professor, Georgetown University Law Center. The talk was about free speech on campus.There are a dozen different things to be said about this. I will content myself with four.First, Georgetown is a private university and may invite whomever it wants to appear on campus and whomever it wants to be in the audience. In today's climate, Georgetown deserves credit for inviting Jeff Sessions (although it should scarcely be remarkable that a law school, of all places, would invite the Attorney General of the United States).Second, there are complaints that not everyone who would have liked to be in the audience was accommodated. Well, gosh -- I would have liked to attend for sure, and I teach there, but I wasn't invited either. Good for the University that it gave my potential seat to a student. The…
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Wexler on Expungement and Therapeutic Jurisprudence
David B. Wexler (University of Puerto Rico - School of Law) has posted A Pro Forma Expungement Proceeding: A Lost Therapeutic Opportunity? (Therapeutic Jurisprudence in the Mainstream ___ (2017 Forthcoming)) on SSRN. Here is the abstract: This brief paper describes...
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The police union playbook for responding to racially charged police shootings
Police unions have been under fire lately for protecting bad cops, opposing reforms, and engaging in bullying behavior in response to public criticisms of unwarranted police shootings. So, in the wake of this latest round of attention, let's take a look at the police-union playbook when it comes to responding to controversial police use of force incidents. In the most recent Reasonably Suspicious podcast, we discussed a book just out this year coauthored by Ron DeLord, the former head of the Combined Law Enforcement Associations of Texas and one of the most important voices in the country on police labor matters. The book was called "Law Enforcement, Police Unions, and the Future: Educating Police Management and Unions About the Challenges Ahead." In the podcast, we talked about the authors' analysis of police pension politics. But today we turn to Chapter 11, titled, "What Every Union Leader Needs To Know About Dealing With The Media In A…
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Bonner County Sheriff's Office Deputies involved in deadly shooting incident
For Immediate Release, Sep. 26, 2017 Bonner County Sheriff's Office Deputies involved in deadly shooting incident Contact: Tim Marsano, Public Information Officer Idaho State Police 700 S. Stratford Dr. Meridian, ID 83642 208.884.7122 Tim.Marsano@isp.idaho.gov ** This is preliminary information / early stages of investigation ** Today at approximately 9:00 a.m. Pacific Time, Bonner County Sheriff's Office deputies attempted to serve a felony arrest warrant on a male subject near the community of Coolin, Idaho (at the southern shore of Priest Lake). The subject of the warrant was armed and exhibited hostile behavior to the deputies, which led to the deputies firing upon the subject. The subject was injured and medical attention was rendered. A ground ambulance carried the subject to where an air ambulance awaited for further transport, but the subject died en route to the air ambulance. At this time, next of kin notifications are underway. This incident is being…
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¿Existen sobre costos laborales?
Como Mr. Kuczynski anunciaba cada vez que hablaba (entre líneas o palabras) y antes de su segundo mensaje presidencial que se recortarían los derechos laborales, este abogado advirtió la maniobra, el 28 de julio Mr. Kuczynski NO anunció nada, es más se congeló cualquier iniciativa al respecto enviando (no sé ya si creerle al gringo) al Consejo Nacional del Trabajo las propuestas del Ejecutivo y en cuanto a la reforma del sistema pensionario sucedió la mismo. Desde entonces, empezando por el inepto ministro de trabajo de Mr. Kuczynski y periodistas defensores del hambre popular han llenado muchas hojas de papel proponiendo la liberalización de las relaciones laborales, es decir sin regulación de ninguna clase, mucho menos de establecer remuneración mínima, dizque para combatir la informalidad y más aun, se incrementaría la demanda de mano de obra que supera en la hora actual…
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Republicans Cave on Health Care Bill
Republicans announced today they are giving up on their health care bill. They don't have the votes. Another failure for Donald Trump. Another bullet dodged by the American people. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Who is the best DUI lawyer in Maryland?
When looking for “Who is the best DUI lawyer in Maryland” or searching for the top DUI lawyer in Maryland, a Google search will give you about 862,000 results. There is no way that during your lifetime you’ll never be able to search through all of those websites and lawyers. While Maryland has about 24,000 lawyers or 40 lawyers per 10,000 residents, they’re only a select few that could be considered the “best DUI lawyer in Maryland.” Who is the Best DUI Lawyer in Maryland Whenever you are looking to hire a drunk driving attorney there are number of skills and qualities you should look for in your search. Some of the most important qualities to seek in a DUI lawyer are: Knowledge of the DUI laws Expertise and understanding of the DUI and DWI penalties in Maryland Navigating the administrative penalties after a DUI arrest Competency in the courtroom Communication with clients Comfort level with the DUI/DWI lawyer In addition to finding the best…
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Burn Injury Levels | 1st, 2nd, 3rd & 4th Degree Burns
Burn Injuries Levels and Burn Injury Categories A burn can be one of the most painful injuries an individual suffers. The reason for so much pain is because of burn can cause scarring, swelling, severe blistering, shock to the system or death. Because the skin is a protective barrier, infections can arise after a burn unless treated properly. There are various categories and burn levels depending on how deep the tissue is damaged, but antibiotic creams are a common treatment for minor burns on the skin. There are number of causes for burns that include: excessive sun exposure, heat from a fire or other combustible material, a chemical burn, exposure to electricity or radiation. Some of the most common burns occur when hot liquids or the product of steaming water comes in contact with or near the victim’s skin. Structures on fire are also a common cause of burns as well as gasoline or diesel that is exposed to an open flame. Categories of Burns There are four categories…
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What to Do If You Are Charged with a Hit and Run
A hit and run accident is an extremely frightening experience for anyone. If you have caused a hit and run accident, realize you must stay at the scene of the accident. You must face what happens next. Inadequate insurance, no insurance, suspended driver’s license, panic, or driving under the influence of alcohol or drugs (DWI/DUI) are just some of the reasons you might want to leave the scene of a hit and run. Unfortunately, the decision to leave the scene of a hit and run accident can have serious consequences, such as criminal charges and fines. What is a Hit and Run Accident? A hit and run accident occurs when a driver decides to leave the scene of the accident that has caused personal injury, property damage, or death. For that reason, some people refer to a hit and run accident as leaving the scene of an accident. In this scenario, a driver has a legal duty to stop his or her vehicle and assist others. If a person is killed in a hit and run accident, his or her…
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H-1B Season is Approaching Are You Ready?
As the H-1B cap season nears, it’s time to start to prepare for your 2018 filing. April 1st may feel like a long time away, but if you are planning to work or currently work for a U.S. employer and are considering an H-1B visa, now is the time to start working on your application. It typically takes 3-5 months to prepare an H-1B visa application, so it’s important to select an immigration attorney you trust to start the process now. The H-1B process is a twostep process. The first step is a Labor Conditions Application (LCA), which includes your prevailing wage for your position. The LCA process has its own processing times and filing fees, so it’s important to start this process early to avoid delays in submitting your H-1B application. The second part of the process is your H-1B application. Keep in mind that H-1B visas are capped, which means that there are only 65,000 visas available per fiscal year. Thus, starting early on this process…
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