You feel entirely justified. After all, you only punched the guy in the nose after he said something derogatory about your sister. Meanwhile, even a few moments in cuffs has you concerned. Now that you’re facing assault charges, you are downright worried. Could you wind up in jail? First, you should be aware that under New Jersey law, there are two different types of assault charges. According to NJSA 2C:12-1, you could be arrested for either simple assault or aggravated assault. Although the penalties are less for simple assault, a conviction could still find you behind bars. Therefore, either arrest warrants retention of experienced defense counsel. Wonder how common assault charges are? The New Jersey State Police Uniform Crime Reporting Unit keeps a record of reported crimes throughout the state. As of October 2017, there were 3,846 arrests for simple assault. Meanwhile, 716 individuals were arrested for aggravated assault. The latter is a cumulative total for those…
When It Looks Like You Could Go to Jail on Assault Charges
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Ocen on Pregnancy as a Status Offense
Priscilla A Ocen (Loyola Law School Los Angeles) has posted Birthing Injustice: Pregnancy as a Status Offense (George Washington Law Review, Vol. 85, No. 4, 2017) on SSRN. Here is the abstract: Over the last thirty years, pregnant women, particularly...
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Industrial accident injures woman
For many Kentucky companies, a critical part of operating a smooth business is guaranteeing the proper education of its employees in regards to safety. This is even truer for organizations that rely on the use of heavy equipment, machinery and chemicals among other things, to create a product or provide a service. Unfortunately, even with the most rigorous safety guidelines in place, accidents can sometimes happen and put the lives of workers at risk. This was the case in a recent incident in Virginia when a female worker was injured in a workplace accident. The woman was operating a forklift in an industrial area at the Navy Exchange Service Command Distribution Center located near Kenyon Court. Investigators determined that the machine fell off of a loading dock after overturning while the woman was operating it. The length of the fall was approximately five feet. First responders had to rescue her from the forklift because she was restrained by her seatbelt.…
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Parking Lot Accidents Pose Threats to Pedestrians
Many of us have had the experience of a near miss while walking or driving through a parking lot. Maybe we were crossing a lane or pulling out from a space, when all of a sudden a driver appears, barely avoiding a motor vehicle accident. Unfortunately, these types of collisions are increasingly common, with reckless driving behaviors such as speeding and distracted driving to blame. Parking Lots Accidents and Injuries Parking lot accidents are often considered ‘fender benders,’ so minor that drivers fail to report them to their insurers. According to the National Safety Council (NSC), these accidents actually have the potential to be quite serious, killing roughly 500 drivers and pedestrians each year, and causing serious injuries for as many as 60,000 others. Distracted driving, such as using cellphones and texting behind the wheel, are among the most common causes. The NSC claims that nearly 70 percent of drivers admit using their phones to call or check in…
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A Look Around the Country at the Admissibility of Evidence in Drugged Driving Cases
Last week I wrote about studies examining the prevalence of driving with drugs in one’s system. Research has shown that an increasing number of drivers have detectable drugs in their symptoms. What we don’t yet know is how many of those drivers are impaired by drugs and whether the incidence of drug-impaired driving is increasing. We do know, of course, that drug-impaired driving is dangerous. Policy-makers in North Carolina and elsewhere have attempted to combat the problem by enacting zero-drug-tolerance laws and provisions that prohibit driving with a threshold of a drug or its metabolites in one’s body. And law enforcement officers across the country have created detection protocols that are geared specifically toward the drug-impaired driver rather than a driver impaired by alcohol. Notwithstanding these measures, drug-impaired driving continues to be prosecuted in North Carolina and other states under statutory schemes and law enforcement protocol that…
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Europäische Datenschutz-Grundverordnung (EU DSGVO / EU GDPR): Art.-29-Datenschutzgruppe (WP29) veröffentlicht Arbeitspapier zur Angemessenheitsprüfung
Die Art.-29-Datenschutzgruppe (WP29) hat ein Arbeitspapier zu den Kriterien der Angemessenheitsprüfung veröffentlicht: „Adequacy Referential (updated)“. Im Rahmen der Prüfung gemäss Art. 45 EU DSGVO ("Angemessenheitsprüfung") kann die EU-Kommission das Bestehen eines angemessenen (Daten-)Schutzniveaus in einem bestimmten (EU-)Drittstaat feststellen. Infolgedessen kann eine Übermittlung von Personendaten auf der Grundlage eines solchen Angemessenheitsbeschlusses stattfinden; weitere Vorkehrungen sind nicht nötig. Das Arbeitspapier enthält vier Kapitel: „Chapter 1: Some broad information in relation to the concept on adequacy“; „Chapter 2: Procedural aspects for adequacy findings under the GDPR“; „Chapter 3: General Data Protection Principles“ und „Chapter 4: Essential guarantees for law enforcement and national security access to limit the interferences to fundamental…
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New Report: Trump White House Viewed as Most Corrupt
A new survey report on public perception of corruption in public institutions has been released by Transparency International, a leading non-profit organization that tracks such things. The survey asked about the degree of corruption in nine... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The Best Defense Is a Good Offense: FCPA Corporate Enforcement Policy Cements Importance of Compliance Programs
The Department’s revised FCPA Corporate Enforcement Policy—which will be incorporated into the United States Attorneys’ Manual—builds on and makes permanent the Department’s 2016 FCPA Pilot Program. While much of the commentary on the revised policy has focused on the potential benefits of voluntary self-disclosure and cooperation after an issue arises, the policy also provides updated guidance to all companies on the hallmarks of an effective compliance and ethics program – an important and practical takeaway for compliance officers, in-house counsel, boards and executives. DOJ’s Revised FCPA Corporate Enforcement Policy Formalizes the 2016 FCPA Pilot Program The Pilot Program set out to evaluate if the Department could motivate companies to voluntarily self-disclose FCPA-related misconduct, fully cooperate with the Fraud Section, and, where appropriate, remediate flaws in controls and compliance programs. One of the key…
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Is Mueller's Investigation Politically Tainted?
Special Counsels, and Independent Counsels before them, were created because the Nixon era showed us that the public cannot attain the needed high degree of confidence in investigations of powerful officials, including and particularly the President, to entrust those investigations to the Justice Department. DOJ's highest officers are, of course, themselves politically appointed, and thus accountable, in a potentially unwholesome way, to the man in the Oval Office.The question has now been raised whether this tradeoff -- an increase in independence bought at the price of a decrease in political accountability -- has its own problems. The answer is: Sure it does. Tradeoffs always do. This is why they're called tradeoffs rather than windfalls.The Special Counsel tradeoff is an important question that has not received sufficient discussion, cf. Justice Scalia's dissent in Morrison v. Olson. But another question…
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Bangladeshi Officials to U.S: Ullah is a Homegrown U.S. Terrorist
Bangladeshi government officials have told the U.S. that Akayed Ullah is a product of U.S. homegrown terrorism. Bangladesh has communicated with the US government that it has no record on Akayed Ullah’s involvement with the militancy here... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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HOW CAN I GET MY DRIVER’S LICENSE BACK IN ILLINOIS?
If you have a DUI conviction, the Secretary of State may have revoked your driver’s license. Losing your license is affecting your ability to work and to live your daily life. How can you get your license back? The road to reinstatement is not as easy as the Secretary of State rule book makes it sound. For one thing, you will not automatically regain your driving privileges just because you successfully completed the terms of your DUI sentence. You will still need to apply for reinstatement. Following a first or subsequent DUI conviction, your license will be revoked for at least one year. (If you have received supervision instead of a conviction, your license is suspended rather than revoked, and you may simply need to pay the reinstatement fee.) The court will order treatment for substance abuse, and you will have to complete the terms of your sentence. Once your sentence is terminated satisfactory, you can immediately apply for reinstatement. Bear in mind,…
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Prosecutor in Wrongful Conviction Case Accused of Misconduct
A Kansas man’s drug indictment was dismissed due to misconduct on behalf of the prosecutor, who is also facing allegations of misconduct in the wrongful conviction of Lamonte McIntyre. U.S. District Judge Julie Robinson freed Gregory Orozco on Tuesday, saying that federal prosecutor Terra Morehead violated his right to a fair trial. A potential witness for Orozco, Jose Luis Ruiz-Salazar, was threatened by Morehead that if he testified in Orozco’s defense, she would make trouble for him in his pending case. Morehead is also accused of witness intimidation and prosecutorial misconduct during her time as a Wyandotte County assistant prosecutor in the case of McIntyre, who spent 23 years in prison for a double murder he did not commit and was released just this past October. In the order, Judge Robinson cited evidence that Morehead threatened to use her influence to complicate the witness’ own criminal case if he testified in defense of Orozco. “The record…
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Consequences For Lying To Police In Minnesota
Getting caught lying to your parents can get you grounded, but getting caught lying to police can have serious consequences. If you are caught lying to police, odds are you’ll face additional charges. Today, we take a closer look at what happens when you lie to police, and what type of penalties you might face in Minnesota. Lying To Police Under Minnesota law, lying to police is considered obstruction of the judicial process, which means you’ll face an obstruction of justice charge. However, what you say in your lie helps to determine the severity of your charge. Here’s a look at three passages outlined in Minnesota Statute 609.506. 1. Whoever with intent to obstruct justice gives a fictitious name other than a nickname, or gives a false date of birth, or false or fraudulently altered identification card to a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), when that officer makes inquiries incident to a lawful investigatory stop…
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Judge to Decide if California Sharing Economy Driver Deserves Employee Protections
Bloomberg Technology reports that U.S. Magistrate Judge Jacqueline Scott Corley recently heard closing arguments on an employment law case that is poised to have a wide reaching impact on California’s sharing economy. In the sharing (or “gig”) economy companies such as Uber, AirBNB, and GrubHub provide infrastructure for private individuals to use their vehicles, homes, and other resources at their disposal to provide services to others (generally for a fee). The Facts of the Case The case, Lawson v. Grubhub, involves a GrubHub food-delivery driver who is fighting to be recognized as an employee rather than an independent contractor in the eyes of the law. Misclassification of workers is a big deal because employees in California are afforded a wide variety of legal protections that independent contractors simply do not enjoy. The question of whether or not a particular worker should be classified as an employee or as an independent…
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¿LAS COMPUTADORAS LLEGARÁN A DIRIGIR LA HUMANIDAD?
El texto que sigue lo acabo de escribir para facebook (13-12-2017) con relación al artículo del señor Roberto Lerner de hoy. Leamos juntos: ".... que no hay adversarios ni aliados, sino solamente enemigos y súbditos; y que, finalmente, un ejército de robots invade con cada vez mayor eficacia el mundo digital." Roberto Lerner, hoy 13-12-2017 en Perú 21, última parte de su columna. El otro día compartí con ustedes aun no siendo ajedrecistas el artículo "Alpha Zero" que pueden ubicar en el portal de Ajedrez www.chessbaseenespañol, com AlphaZero es un programa desarrollado por Google, que aprendió a jugar en UN día y resuelve los problemas en el tablero como lo haría un humano, venció 28 a CERO al programa más fuerte de la actualidad, es tal su capacidad de cálculo que DA MIEDO, ningún humano, es mi opinión,…
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How is Alimony Determined in an LGBT Divorce ...
California’s laws are designed to provide the same rights and protections in all divorces. This means that no matter your gender or who you’re married to, you should have equal access to alimony, also known as spousal support. Alimony is not always justified in every case, and different cases may require different amounts of alimony. The Ventura and Santa Barbara LGBT alimony lawyers at Bamieh and Erickson explain how courts calculate alimony in CA. Calculating Same Sex Spousal Support in CA When you get divorced, your finances are separated from your now former spouse’s. California law generally presume that you divide all jointly-owned property 50/50 when you get divorced, but that property may not be enough to pay for rent, a mortgage, groceries, utilities, and other ongoing expenses. Especially if you did not work during your marriage or made vastly different income than your spouse, you may be entitled to receive alimony. Spousal support works to ensure…
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Is Marijuana Legal in Ohio?
Is marijuana legal in Ohio? The answers we’re accustomed to hearing are: No Yes, but… Never will be If the reality of drug charges in Ohio is so certain, why the shroud of mystery? Let’s pull back the curtain. Legal Marijuana in Ohio Effective September 8, 2016, House Bill 523 legalized medical marijuana in Ohio. The Ohio Medical Marijuana […] The post Is Marijuana Legal in Ohio? appeared first on Sallynda Rothchild Dennison Attorney at Law.
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CARDONA CLOSINGS TODAY
Update from MM: "She fled with her lover and left him with only the tape on his diaper and his lollipops T-shirt...There is no gray area...she is responsible...Oliva and her are two of a kind...Lazaro died because his mother didn't love him...she didn't care...she wanted him to die...Lazaro died ladies and gentlemen because she killed him...he was starved and tortured and murdered and she is responsible...hold her responsible to the fullest extent of the law...Find her guilty of first degree murder and child abuse." A powerful closing from Reid Rubin. I am also struck by just how tiny Cardona looks framed between her two large male defense attorneys. Its a startling contrast. Lunch break now...Pizza for the jurors (no pineapple- a clear indication that they are a conservative, law abiding jury.) 1PM for defense closings. Update from Millennial Me: Reid doing a good job hammering the principals instruction so that if the jury has any doubt…
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What to Do If Your Child Breaks a Law in Texas
If you’re a parent with questions about what to do if your child breaks a law in Texas, you may also want to know about the people, procedures, and places that make up the Texas juvenile justice system. As a parent, you want to know what to do next. You’re not alone. Each year, approximately 130,000 children enter the Texas juvenile justice system. In the state of Texas, children aged 10 to 16 accused of delinquencies or juvenile crimes are introduced to the juvenile justice system. State law regulates the handling of juvenile persons, but probation of juveniles is administered at the local county level. Is your child facing juvenile crime charges in Texas? Contact defense attorney Brett Podolsky for a free consultation >> Juvenile Crime in Texas Local police may warn the young person and his or her parents for a minor violation. Sometimes, law enforcement must take further action. Other times, it’s essential to protect the child and members of the…
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News Scan
Homeless Sparked Fire in Bel Air: Los Angeles investigators have found that the source of the fire that destroyed six homes and damaged a dozen others in the exclusive Bel Air neighborhood was a nearby homeless encampment. Gale Holland, Laura J. Nelson and David Zahniser of the Los Angeles Times report that the encampment was in a canyon a few hundred feet from the 405 freeway, which was shut down due to the fire during rush hour last Wednesday. There are an estimated 58,000 homeless living in the Los Angeles area, with many thousands living the West Los Angeles hills, home to some of the most affluent neighborhoods in the country. "We knew it was only going to be a matter of time before something horrible happened," said one Bel Air resident. The homeless population Los Angeles has increased dramatically over the past several years.
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