When Xavier Roper and William Logan Lockett decided to go to a Black Lives Matter protest on December 14, 2014, they didn’t expect to end up in flexi-cuffs. For one thing, both were there as journalists. For another, neither did anything worthy of arrest. Nonetheless, both were. They were both given Desk Appearance Tickets (which are an “invitation” to appear in court on a later date), appeared as required and were given ACDs, adjournments in contemplation of dismissal. Don’t get arrested for six months and your case is automatically dismissed. And they were. But Roper and Lockett were less than thrilled by their handling by the New York police department. Roughly an hour after he arrived, Roper “moved into the street,” which was closed to traffic in order “to photograph and video record the police action from a different perspective”. Sometime thereafter, defendant Inspector Timothy Beaudette ordered the protestors…
When Any Offense Will Do
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My Child Just Got Arrested in Connecticut for Possessing a Fake ID
Possessing a Fake ID in Connecticut is a felony called Forgery Second Degree under CGS 53a-139. You can still get arrested in Connecticut for Possessing a Fake ID / Forgery Second Degree for just having the Fake ID in your wallet, even if you don’t show the Fake ID to a police officer or bouncer! Fake ID possession charges are punishable by up to 5 years in prison. Before you rush into the Accelerated Rehabilitation (“AR”) program, talk to a top Connecticut criminal lawyer attorney to get the charge reduced to a misdemeanor so you can use the AR program again in the future. How Do I Get My Child’s Connecticut Fake ID / Forgery Arrest Dismissed? There are several defense strategies for getting your child’s Fake ID / Forgery Second Degree dismissed under CGS 53a-139 (click here for more on these defense strategies). If your Connecticut high school or college student is an honors student, or does a lot of community service and has a great transcript…
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D.S.D.: 4A permits taking DNA on booking from misdemeanor defendants
Defendant, a sovereign citizen, indicted for willful failure to file tax returns, when booked by the U.S. Marshal refused to be fingerprinted, photographed, or have a DNA sample taken because they were “copyrighted.” He relented as to fingerprinting and photographing … Continue reading →
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Short Take: Have We Lost The Lawyers?
In the beginning, it’s all fun. After all, they call it social media for a reason, right? It’s supposed to be social, and social means you’re supposed to engage, interact, discuss and, on occasion, argue. There’s nothing wrong with arguing, except maybe to lawyers if we’re not being paid to do so. And in the beginning it is. And was. But it’s not so much over time. The same arguments repeat themselves all the time, as each new person arrives on the internet and assumes that nobody, but nobody, ever thought of something before. This is bad enough, but it gets worse. Then there is the Dunning-Kruger brigade, which can be as loud and persistent as it is ignorant, if not totally batshit crazy. And now, there is the added #metoo-ers, for whom every word is a matter of navigating a minefield of hurtz, lest one use banal language or express a basic thought that makes them explode in outrage. Who needs this crap? But one of the most peculiarly…
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LIKE...AH....
In this season of startling news, we have some startling news....(steady now)Our President, is, like, a bimbo Valley Girl ( with no offense to those women who live in the valley outside of LA)Because, like, we cannot like make this up, like, like...this is what like, he actually, like tweeted, cool...Donald J. TrumpVerified account @realDonaldTrump 4h4 hours ago ....Actually, throughout my life, my two greatest assets have been mental stability and being, like, really smart. Crooked Hillary Clinton also played these cards very hard and, as everyone knows, went down in flames. I went from VERY successful businessman, to top T.V. Star.....From like, Occupied America, like, fight the power. Duh!.COMING TOMORROW: An Appellate decision in Ovalle v. Publix. If you haven't followed the contretemps of our intrepid Herald Crime dog and his battles with intransigent Publix Cashiers in the express lane, then you've been missing…
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M.D.Fla.: There was RS for a dog sniff of a package in the mail, and the alert was PC for a SW; def’s motion to suppress suggested no standing
There was reasonable suspicion to detain a package in the mail for a dog sniff because of the way it was packaged and labeled suggested that it contained drugs. After the dog alert, there was a necessary delay in obtaining … Continue reading →
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E.D.Cal.: Def’s actions and words during execution of warrant admissible to show consciousness of guilt
Defendant’s actions (his “encounter”), whatever it is isn’t described, with law enforcement officers when they executed the search warrant on his property are admissible to show consciousness of guilt. United States v. Hitt, 2018 U.S. Dist. LEXIS 1856 (E.D. Cal. … Continue reading →
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S.D.Cal.: Def’s substantial search claim was determinative of his conviction and bail would be granted pending sentencing
Defendant’s search issue is arguable and substantial and a question of first impression in this circuit, and the search claim is determinative of the conviction. This counsel’s in favor of granting release pending sentencing. United States v. Wilson, 2018 U.S. … Continue reading →
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NM: Trial court found truth between dashcam video and the testimony of the officer and the def; still entitled to deference on appeal
The trial court considered the dashcam and the officer’s and defendant’s testimony because the dashcam wasn’t conclusive: “But I think it just goes to show you really need to review the video in every case. And in this case, after … Continue reading →
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New York “Sextortion” and Non-Consensual Pornography Crimes: Potential New York Penal Law Offenses Relating to “Revenge Porn”
It likely is neither an exaggeration nor overstatement. “Sextortion” and the circulation of sexual images by a malicious and ill-intentioned former spouse, boyfriend, girlfriend or other person is as emotionally devastating as it is overwhelmingly violative to the victim of such abuse. Unfortunately, New York State does not have any specific offenses tailored to these crimes in the Penal Law leaving both law enforcement and criminal lawyers and victim advocates in a difficult position when it comes to “revenge porn.” With any luck, however, this might change in the coming year. According to a December 21, 2017 press release by Governor Andrew Cuomo, it is his goal to end “sextortion” and the sharing of otherwise non-consensual pornography. While there may be some remedies to victims of these crimes in the New York Penal Law, the set of offenses proposed by the Governor gives law enforcement the tools to prosecute these acts throughout the…
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D.Mont.: Asking the same question three times within five minutes during a traffic stop prolonged the stop, but with RS
Asking the same question three times within five minutes during a traffic stop prolonged the stop, but it was all with reasonable suspicion. United States v. Brooks, 2018 U.S. Dist. LEXIS 1691 (D. Mont. Jan. 4, 2018). Defendant’s stop wasn’t … Continue reading →
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Free Speech and Religious Belief at issue in US Supreme Court case about a cake
In December, the Supreme Court began oral arguments in a Colorado case, where a shop owner denied service to a same-sex couple looking to purchase a cake. As the arguments ensued, it began clear that the justices were sharply divided and highlighted many of the issues, on both sides, in the case: religious beliefs and anti-discrimination laws. The Colorado case dates back to 2012 when a gay couple, Charlie Craig and his partner David Mullins, walked into a cake shop requesting a cake to celebrate their same-sex marriage; their wedding was to be held in Massachusetts, but their cake was for a reception they were holding in Colorado for their friends and family. The owner of the shop, a religious man named Jack Phillips, declined to make them a cake due to his Christian values. The rules governed by anti-discrimination agencies in Colorado suggest that Phillips’ refusal to provide a cake for a same-sex marriage celebration violated laws and that, legally, he had no right,…
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The Poorest Common Denominator
When I was a law student and baby lawyer, scrounging to afford three (store brand) fish sticks a day for dinner, more senior lawyers were often kind to me by paying for meals or a beer when they invited me out to dinner. I made no bones about being poor. It’s no shame to be poor, as Reb Tevye explained. But it’s no honor, either. In time, it was my turn to take others out to dinner, to buy the drinks, and I did so remembering the kindness others showed me. In serial twits, a young woman explained a very different view, one that reflected a significant shift in perspective. Something I wish more people would realise is how alienating it is to be poor/broke when you have financially stable/comfortable friends. — Moist Towelette (@MamaGhoulette) January 6, 2018 To call it “alienating” was an odd choice of words. Were people so dense, so self-absorbed, that they didn’t realize their “friends” might be unable to financially keep…
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Tweaking The Meritocracy
If you believe the narrative, then the solution seems obvious. The problem arises when the narrative isn’t real, so the solution doesn’t work. In the fall, in meetings with potential clients in the San Francisco Bay Area, I became aware of a dangerous trend: Employers are turning to techniques that “mask” the gender of the candidates they interview — removing names from résumés and altering voices on phone calls, for example — with the hope that this will offer a quick fix to diversity failures. These gender-masking tools and the related trend of “blind hiring” have recently been chronicled in The New York Times and Wired, and discussed at tech conferences. One head of talent at a major financial services company told me she’s getting up to five pitches a week for tools that can mask applicants’ gender. My team is regularly told by potential clients in the Fortune 100 that they…
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ALBERTO FUJIMORI Y UN PERÚ SIN RENCORES
El, rencor es el NO olvido, afecta a quién sufrió un acto, hecho o decisión humillante. En el caso de Fujimori el rencor es del pueblo hacia su ex – gobernante del que no diré ni extenderé en cuanto su gestión, más en la balanza de los resultados ésta fue negativa no sólo por las muertes de inocentes que le imputaron y por las cuales fue juzgado, sentenciado e indultado por la nueva administración del País (24 de diciembre de 2017), también por haber destruido los sindicatos, fomentar la informalidad y el robo a los trabajadores vía las AFP. Pero el rencor en la visión de su familia y de él mismo, es al contrario, es decir, Alberto Fujimori “ha sido el mejor presidente de la Historia del Perú”, por tanto, haberlo tenido preso en CÁRCEL DORADA durante doce años –la mitad de su condena- es la peor humillación que…
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Ginsburg has hired law clerks through term ending 6/30/20
ATL: Supreme Court Clerk Hiring Watch: New Year, New Hires by David Lat And some justices have already hired all their 2019-2020 clerks as well.
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Weinstein Could Face Criminal Charges for Sexual Battery
Many of the allegations against Harvey Weinstein have been for incidents that occurred years ago. Many of these cases can never be prosecuted because California’s criminal statute of limitations has expired. There are, however, some allegations against Weinstein for recent incidents sexual misconduct. At least one Weinstein accuser, an actress who wishes to remain anonymous, […]
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Candid confession of error on mandatory minimums from former Idaho Attorney General and Chief Justice
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Noticing the continued decline of the federal prison population (for now) ... and a story embedded with intricacies
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Decoding Guilty Minds Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie, Morris B. Hoffman, Owen D. Jones and Kenneth W. Simons Court of Federal Claims - Office of Special...
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