In 2017, teacher-student sex scandals in Texas were more common than in previous years. Just how widespread are sex scandals involving teachers and students? According to a San Antonio Express-News report also published in the Houston Chronicle, the number of cases in which a teacher was accused of having an improper relationship with a student increased by 36% in the past fiscal year which, for the state of Texas, was Sept. 1, 2016 through Aug. 31, 2017. This is the seventh consecutive year for such a statistical increase in Texas. Those numbers come from the Texas Education Agency (TEA), which opened 302 investigations into improper teacher-student relationships in the past fiscal year. In all, more than 1,500 such investigations have been opened since 2010. But not everyone is guilty of related charges, and defendants need experienced lawyers to fight for their legal rights and avoid jail time. The Neal Davis Law Firm can provide such help for those living in Harris County,…
Teacher-Student Sex Scandals Rising in Texas
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Rapping on Public Defenders
Jonathan Rapping (Atlanta's John Marshall Law School) has posted Public Defenders: The Vanguard of Redemption (A Tribute to David Bodiker) on SSRN. Here is the abstract: In this annual David Bodiker lecture, Professor Rapping urges students and young lawyer to...
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Parent Abuse: What Is It?
We have all heard of child abuse and the damaging effects it can have physically, mentally, and emotionally. But, have you heard of parent abuse? Try searching for it online. You won’t find much, except for a few support sites. Parent abuse is a growing problem for parents who share their home with abusive children or teenagers. This type of abuse is a form of domestic violence. Parent abuse should be taken seriously because it can result in physical violence, property damage, depression, loss of employment, and possibly a broken family. The abuse is usually committed by a teenager displaying the following behaviors: Threats of violence Name calling and swearing Intimidation, bullying, or acts of refusal Blackmail Stealing Alcohol and drug abuse Those are just some of many behaviors that could lead to a child abusing a parent. Sometimes, these behaviors are labeled as normalized teenage behaviors thanks to society. That shouldn’t be the case because the issue of…
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When Do You Have To Register Your Firearms? Bernandino Bolatete Has Been Arrested In Jacksonville After Making Terroristic Threats, But He Was Only Initially Charged With Possession of An Unregistered Silencer
Bernandino Bolatete has been arrested and charged by criminal complaint in federal court in Jacksonville, Florida after threatening to a mass shooting at a local mosque. But what he has initially been charged with might surprise you? Rather than a charge related to a terroristic threat, Mr. Bolatete has been charged with knowingly receiving and possessing a silencer that was not registered to him in the National Firearms Registration and Transfer Record. 26 U.S.C. §5861(d) makes it a federal offense to receive or possess certain unregistered firearms. Included in the definition of a firearm under the applicable section is a silencer. Mr. Bolatete is charged with receiving and possessing a firearm provided to him by an undercover officer. What is the National Firearm Registration and Transfer Record (NFRTR) The National Firearm Registration and Transfer Record (NFRTR) is a national registry of certain firearms that are subject to the…
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What Is Administrative License Revocation in Texas?
Driving while intoxicated (DWI) or boating while intoxicated (BWI) often leads to arrest in Texas. If you’ve had the unfortunate experience of getting pulled over by a police officer on a suspected DWI charge, you probably don’t know what to... The post What Is Administrative License Revocation in Texas? appeared first on The Law Office of Greg Tsioros.
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Drug conspiracy charges and possible defenses for pharmacists charged in “Operation Faux Pharmacy”
The DEA announced today that it has launched “Operation Faux Pharmacy,” a large-scale investigation targeting 26 pharmacies across California, Hawaii, and Nevada. As the name Operation Faux Pharmacy suggests, the DEA… read more → The post Drug conspiracy charges and possible defenses for pharmacists charged in “Operation Faux Pharmacy” appeared first on Pate & Johnson Law Firm.
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CARDONA CASE PLODDING ALONG
UPDATE: We are taking a lot of flack in the prior post for characterizing the prosecutor's opening as "with her voice quaking with emotion."Blog comments call us sexist and also defend the prosecutor's opening, implying we were criticizing her opening. We did not intend to do either. You can review her opening here. A comment about her being emotional, in a case that is very emotional (the abusive death of a child) is fair, based on how she presented her opening- which in our opinion (which we never stated previously) was well done and professional. But we are open to a discussion on the matter- especially in this climate. Have we reached the point where we can only call a male lawyer's opening/closing "emotional" and that if we call a female lawyer's presentation "emotional" then we are sexist? We hope not. The Cardona case plods along, with lots of read backs of testimony with witnesses who are no…
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The Role of Habeas Corpus in Federal Cases
An individual who is convicted in federal court can bring a habeas corpus action, but there are critical steps that must be followed to make sure that the motion is properly filed. Although it is often imperative to retain the assistance of skilled legal counsel if you are interested in filing a habeas corpus motion in a federal case, few lawyers have the knowledge and experience necessary to handle these types of cases. Our firm has the knowledge and experience necessary to help individuals in these situations. Habeas Corpus Explained Habeas corpus is a procedure in which a court analyzes whether a person is being held illegally in jail or any other type of detainment process. If the court determines that a person is being detained illegally, the court has the authority to order state authorities to release the prisoner from custody. One of the challenges presented in filing a habeas corpus motion is that the petitioner must prove to a court that the individual should be…
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Gallagher & Fisher on Traffic Cameras
Justin Gallagher and Paul J. Fisher (Case Western Reserve University - Weatherhead School of Management and University of Arizona) have posted Criminal Deterrence When There are Offsetting Risks: Traffic Cameras, Vehicular Accidents, and Public Safety on SSRN. Here is the...
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Public Defender or Hire a Defense Lawyer
If you have ever watched a television crime or court drama, you know that one of the first things police tell a person when they’re arrested or taken into custody is that they have “a right to a lawyer” and that one will be appointed if they can’t afford to hire their own. This part of the Miranda Warning refers to the right to counsel, which is guaranteed in the Sixth Amendment to the U.S. Constitution. The U.S. Supreme Court first clarified this important right in the 1963 case Gideon v. Wainwright. However, many people are still unclear on what the right to counsel entails. Are you always guaranteed a free lawyer? Is it better to pay for your own private defense lawyer? These are important questions, and there are several considerations you should keep in mind if you have been charged with a crime and are trying to decide whether to ask for a public defender or hire a private defense lawyer. What Is a Public Defender? A public defender is a real…
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More Breathalyzers Have Been Miscalibrated, This Time in New Jersey
If you get pulled over on suspicion of driving under the influence (DUI), you might provide a breath sample. If the results are incriminating, youll be arrested, booked, and will probably face DUI charges. From the perspective of a defendant, it seems like the evidence against you is incontrover...
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What We Know (And What We Don’t) About Drug-Impaired Driving
Ask someone to identify an emerging area of interest related to motor vehicle law and chances are the person will mention drugged driving. Indeed, the U.S. Office of National Drug Control Policy in 2010 set a goal of reducing the prevalence of drug-impaired driving by 10 percent by 2015. People who work in the field frequently cite anecdotal evidence supporting the notion that driving while impaired by drugs is becoming more common. And they usually cite anecdotal evidence in support. Are they right? Are more people these days driving while impaired by drugs? I thought the National Highway Traffic Safety Administration (NHTSA) might have an answer. Turns out NHTSA released a report earlier this year estimating the prevalence of alcohol and drug use by drivers and how that prevalence has changed over time. The report was based on data collected from a national roadside survey (NRS) conducted between June 2013 and March 2014. That data was compared to information collected in a…
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Bennett & Plaut on Looking Criminal
Mark W. Bennett and Victoria Plaut (U.S. District Court (Northern District of Iowa) and University of California, Berkeley - School of Law) have posted Looking Criminal and the Presumption of Dangerousness: Afrocentric Facial Features, Skin Tone, and Criminal Justice (51...
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Suspended License Law Change in Maryland October 1, 2017
Beginning October 1, 2017, certain penalties have changed/decreased for driving with a suspended license in Maryland. Under the Justice Reinvestment Act that was signed into law by Governor Larry Hogan on May 19, 2016, certain provisions of the Transportation Article 16-303 have changed. Prior to October 1, 2017, if a driver was stopped for driving with a suspended license under certain provisions of the law or driving with a suspended license from another state, jail time was a possibility. However, under the new law, driving with a suspended license 16-303(h) or 16-303(i) is a fine only offense. But, the driver must appear in court and may not pre pay the fine. The new Maryland suspended license law also applies to driving with a suspended license from another state (other than Maryland) for failing to appear or pay a fine under Transportation Aticle 16-303(i). Previously a driver could face up to two months in jail and a $500 fine, but now the maximum penalty is a $500…
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VW executive gets seven years in federal prison for emissions fraud
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Study: CA Sentencing Reductions Not Increasing Crime
A study by the San Francisco-based anti-incarceration group Center on Juvenile and Criminal Justice has discovered that for most of California, sentencing reforms (read anti-sentencing reforms) adopted in the state since 2011 have not caused an increase in crime. Makeda Easter of the Los Angeles Times uncritically reports the group's conclusion that outside of Los Angeles, the state has enjoyed lower crime after the state adopted new laws releasing criminals and reducing penalties. These news laws include; AB109, which released roughly 30,000 habitual felons into communities and prohibited those who commit most new crimes from going to prison; Proposition 47, which reclassified theft and drug felonies of less than $950 into misdemeanors; and Proposition 57, which removed mandatory sentence increases for repeat felons, including those with violent priors, and gave thousands of inmates the opportunity for early release. According to the study's…
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N.D.Ga.: Six month old information in gun sale case wasn’t stale
Defendant was alleged to have sold quantities of firearms more than once. Six month old information in a gun sale case was not stale. United States v. Fisher-Bland, 2017 U.S. Dist. LEXIS 199259 (N.D. Ga. Nov. 16, 2017), adopted, 2017 … Continue reading →
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Donald Trump's Slurred Speech
Donald Trump's speech pattern changed during his Jerusalem speech, and at the end, he slurred the word "States" in "United States." CNN has an article about it but I'm not linking due to an auto-play video with a animated short bald man... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Al Franken Resigns
Democrats just shot themselves in the foot. After his fellow Congresspersons began calling on Al Franken to resign, Al Franken has done just that. What a loss from a policy perspective it. It reminds me of the old adage, "one cannot serve two... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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“Dry Towns” in New Jersey Often Have the Most DWI Arrests
New Jersey laws dealing with driving while intoxicated (DWI) are consistent throughout the state, meaning that prosecutors in each county in New Jersey must meet the same burden of proof to obtain a conviction. A review of municipalities around the state by NJ.com, however, has found that some local police departments are much more assertive in enforcing these laws. New Jersey law allows municipalities to regulate the sale of alcoholic beverages, including by prohibiting their sale within city limits. These “dry towns,” according to the NJ.com report, have some of the highest DWI arrest rates in the state. Differences in arrest rates can have many possible causes, including prioritization by local law enforcement. A person commits the offense of DWI if they operate a motor vehicle while impaired by alcohol or drugs, or while they have a blood alcohol concentration (BAC) of 0.08 percent or higher. Police and prosecutors often prefer to prove impairment with BAC…
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