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Minnesota Expungement Law – State v. C.W.N.

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Revisions to Minnesota’s expungement law continue to be interpreted by the courts.  On January 2, 2018, the Minnesota Court of Appeals issued a published decision interpreting sections of Minnesota’s expungement statute in a way that broadens the accessibility of expungement relief to Minnesota citizens.  In State v. C.W.N., the court of appeals was presented with a question that required the court to look to recent amendments to the statute to decide whether the appellant (C.W.N.) was eligible for expungement, or whether he was barred for life from seeking an expungement.  The court held that C.W.N. was eligible for expungement, and that the interpretation of the statute advocated for by the Minnesota Bureau of Criminal Apprehension (BCA) was incorrect.  This post will discuss the holding in C.W.N. and its implications for persons wishing to have their Minnesota records sealed. In 2014, Minnesota passed legislation…

Recreational Marijuana Laws and the California DUI

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As predicted, California passed Proposition 64, otherwise known as The Adult Use of Marijuana Act, on November 8th 2016. This made it legal for people to possess and use marijuana recreationally in California. However, it wasn’t until January 1st of this year that recreational marijuana could be sold to consumers.   So what does this mean for marijuana laws in California, including marijuana DUI laws? Well, let’s start with the laws that aren’t related to a DUI of marijuana. Adults over the age of 21 can purchase and possess up to one ounce of marijuana and can grow up to six plants per household out of public view. People under the age of 18 can only purchase marijuana if they have their medical license. Those who are able to possess marijuana cannot consume in public, even in areas where it is legal to smoke cigarettes. Some cities plan on allowing consumptions of marijuana at designated lounges. However, until then, smoking in public places can lead to…

Congress May Torpedo Jeff Sessions on Marijuana

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I am not too concerned about Jefferson Sessions rolling back the Ogden Memo. First, medical marijuana is pretty safe. Since 2014, Congress has banned the feds from spending money on federal enforcement actions against medical marijuana users... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Federal Drug and Narcotics Cases at Calexico-Mexicali Port of Entry (El Centro Court)

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Many methamphetamine, cocaine, heroin, and fentanyl cases originate at the Calexico-Mexicali Port of Entry. A drug mule is arrested after the police have been tipped off or after a dog alerts on narcotics in the vehicle. Most of the individuals don’t know what type of drug is in their vehicle. Many believe that they are carrying marijuana, which is not a very serious offense. Federal charges are filed in the charges in the United States District Court, El Centro, California branch. Magistrate Judge Peter Lewis handles bail hearings and the initial court appearances there. Afterwards, the case is transferred to San Diego. Most individuals are facing ten-year mandatory sentences. Anyone arrested needs to secure the best criminal defense representation possible. At the Law Office of Russell S. Babcock we have a track record of helping people for more than thirty years with these kinds of offenses. We consistently achieve the best results at affordable prices and hablemos…

Casos Federales de Drogas y Narcóticos en la Garita de Calexico-Mexicali (Corte El Centro)

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  Muchos casos de metanfetamina, cocaína, heroína y fentanilo se originan en el Puerto de Entrada Calexico-Mexicali. Una mula de drogas es arrestada después de que la policía ha sido informada o después de que un perro alerta sobre narcóticos en el vehículo. La mayoría de las personas no saben qué tipo de medicamento tiene en su vehículo. Muchos creen que llevan marijuana, lo cual no es una ofensa muy grave. Se presentan cargos federales en los cargos en el Tribunal de Distrito de los Estados Unidos, sucursal de El Centro, California. El Juez Magistrado Peter Lewis maneja las audiencias de fianza y las audencias iniciales en el tribunal allí. Luego, el caso se transfiere a San Diego. La mayoría de las personas enfrentan sentencias obligatorias de diez años. Cualquier persona arrestada necesita asegurar la mejor representación de defensa criminal posible. En el bufete de…

Annual Hall Of Fame Rant And Hypothetical Ballot

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“Voting shall be based on the player's record, playing ability, integrity, sportsmanship, character, their contributions to the team on which the player played.” -- BWAA's Hall of Fame RulesRacists and segregationists who conspired to keep African Americans out of baseball are in the Hall of Fame.  So are players who regularly used amphetamines to "enhance" their performance on the field and others who took illegal drugs off the field.  Cheaters are in the Hall, from spitballers to sign stealers.  The Hall includes adulterers, sexual assaulters, drunks and batterers.  But some of the greatest players of the past couple of decades, including some of the greatest in the game's history, are denied induction into the Baseball Hall of Fame because they allegedly used steroids, probably used steroids or simply looked like they used steroids.This wholly arbitrary application of the so-called "character…

Another Shot at Injustice

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This is going out today to Nico LaHood, the District Attorney of Bexar County. Similar letters are going out to Kim Ogg, the District Attorney of Harris County; and Sharen Wilson, the District Attorney of Tarrant County. I think Wilson has done the most to fix the problem—her office sent out letters notifying people that they might be entitled to relief from convictions under the void section 33.021(b) of the Texas Penal Code. But nobody has, as far as I know, taken the obvious step of asking trial courts to appoint counsel to people suffering such convictions. So that’s what I’m asking. Bexar-County-DA-Request-Appoint-Counsel_Redacted

Retail Fraud Plea Bargain

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A charge of retail fraud can have lasting consequences on a person’s life.  In some circumstances a conviction for retail fraud may result in any of the following: loss of employment; licensing issues for professionals; immigration consequences for persons that are not United States citizens; trouble with traveling to foreign countries due to visa issues; damage to reputation; etc..  When placed on probation for retail fraud, there are potential consequences for being on probation, including: incarceration; financial issues (payment of fines, court costs, restitution, crime victim’s rights fees, cost of drug/alcohol testing; cost of counseling); loss of rights/privileges; inability to travel out of state; loss of days of work due to court related issues; fear; stress; etc. In some instances the case is defensible, and you need a great lawyer to fight for you. In some instances the case is not defensible, and you need a great lawyer to help you make the…

Harsh result for drug offender who missed FSA reduction in mandatory minimum by a single day

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The Sixth Circuit today rejected a drug offender's attempt to get relief under the Fair Sentencing Act's reduction in mandatory minimums.On August 2, 2010, Eugene Downs had a sentencing hearing at which the district judge announced a 10-year sentence, the mandatory minimum for distributing more than 50 grams of crack cocaine. The very next day, President Obama signed the Fair Sentencing Act, halving this mandatory minimum to just 5 years, effective August 3. The district court entered its judgment on the docket 13 days later.All of Downs's codefendants received the benefit of the Act because their sentencings happened later.Downs moved to vacate his sentence, arguing that he wasn't "sentenced" until entry of the judgment. Unfortunately, however, federal law essentially uniformly recognizes that a district judge’s announcement of a sentence in open court is the official "date of sentencing." So, says the Sixth Circuit, Downs is out…

The 48205: In Detroit, the Numbers do not Always Equate to Justice

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Dr. Martin Luther King Jr. once said, “We must accept finite disappointment, but never lose infinite hope.” While the words of the civil rights activist bring with them a lot of power, his message can sometimes be forgotten and in courtrooms in Detroit, Michigan, the voice of Dr. King is far too often silenced. Today, we are going to explore the infamous zip code known as “The 48205” and explain how the criminal justice system has shown that Lady Justice is sometimes selectively blind. “The 48205” is a zip code that for many years was known as the most dangerous area in the country. Driving through the area leaves one with the vision of little teddy bears and flowers on the sides of the street to display the mourning of innocence lost and when we examine the stats, the numbers are staggering. When we study violent crime, we look at the subject from a scale of 1 to 100. One being low crime with 100 being the highest. When a zip code has a…

Recommended read: Dripps on Why Rape Should Be a Federal Crime

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My colleague, Donald A. Dripps, has posted Why Rape Should Be a Federal Crime on SSRN. While I disagree with his prescription, his piece as always is challenging, informative, and well crafted. Here is the abstract: Sexual assault remains at...

MARCO ARANA, INDULTO A FUJIMORI, VACANCIA PRESIDENCIAL

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En este oscuro País, sub – desarrollado, carcomido por la corrupción, dirigido por un pequeño grupo de ricos al servicio del dinero,  del poder internacional, de su bolsillo y de mantener el estado de cosas, especialmente, el educativo,  moneda corriente después de algún latrocinio es enviar a través de sus adoctrinados esclavos muy bien remunerados, mensajes como éste: ¡Pensemos en el País!, no es posible la inmovilidad económica, los únicos que pagan es el pueblo!,  ¡¡voltiemos la página!! Que, antaño era “borrón y cuenta nueva”. Los alarmistas a su vez, portan otros, ordenados por sus patrones, ¡¡El País se cae a pedazos!! Los oportunistas de siempre  piensan en su exclusivo provecho ¡A río revuelto ganancia para la corrupción!, entre estos, la más visible es una señora…

How to Find a Baltimore Car Accident Lawyer?

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Finding a Baltimore car accident lawyer can be tricky. Yet hiring the best lawyer can mean the difference between a successful outcome and settlement after your accident. A car accident lawyer in Baltimore specializes in representing victims of car accident. You know you need a car accident lawyer if you can answer these two questions as “YES”: I was injured in a car accident; and The accident the fault of someone else. If you answered yes to these two questions, then it is essential that you retain a car accident lawyer as soon as possible. The Law Offices of Randolph Rice can help if you’re the victim of a car accident. Contact their office today to discuss your claim and learn how they can help. Will a Baltimore Car Accident Attorney Help? Statistics show that victims of a car accident receive 3.5 more money when they hire a lawyer after their car accident compared to people that don’t hire a lawyer. The insurance companies know victims of a car…

Oklahoma Supreme Court Blocks New Drunk Driving Law

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The Oklahoma Supreme Court has blocked the Impaired Driving Elimination Act. This law would create a new program for first time DUI offenders and gets rid of the appeal process for people trying to keep their licenses after being arrested for DUI. It was approved by the Legislature earlier this year, and was supported by Mothers Against Drunk Driving. However, there was a lawsuit filed in June by four attorneys who allege that the law is unconstitutional because it denies a person the right to due process. One of the authors of the bill, Representative Scott Biggs, wrote a statement about the lawsuit. He says that the attorneys were seeking to expose the public to harm by letting intoxicated drivers loose. so the attorneys could represent more clients when they get drunk and re-offend. He also mentions that the bill is supposed to address the DUI epidemic in Oklahoma. by creating a diversion program for low level, non-violent offenders. It requires intoxalizers on…

Who’s Liable for Your Food Poisoning?

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Food poisoning is a gut-wrenching experience in more ways than one. Anyone who has had to endure its unpleasantness knows what we are talking about. In fact, the majority of people experience food poisoning at least once in their lifetime. While it can be a fairly common occurrence, legal action could be taken in some instances. Before determining what you will need to prove your legal claim of suffering a foodborne illness, let’s discuss what food poisoning actually is. When you suffer food poisoning, you are suffering from bacteria or a virus that is consumed in the food you eat. The food can become contaminated by being undercooked or raw; prepared by dirty hands or utensils; and/or not being stored at the right temperature. The symptoms of a foodborne illness include headaches, nausea, vomiting, fever, and related physical illnesses. These symptoms can last up to 48 hours after they initially occur. Proving your food poisoning may be rather difficult because it can be…

Making Philadelphia Safe for Murderers

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Murder increased in Philadelphia last year, contrary to the overall trend of America's big cities.  But hang on, there's more.  The people of the city lost their collective minds in the last election, choosing a DA with a pro-murderer mindset.  After only a few days in office, he has taken a major step to make the city safer for murderers and less safe for decent people.Chris Palmer, Julie Shaw & Mensah M. Dean report for the Philadelphia Inquirer:Philadelphia District Attorney Larry Krasner ousted 31 members of the office Friday, a dramatic shake-up and the first major staffing decision announced by the city's new top prosecutor, just three days after he was sworn in.*     *     *The sweeping change affected lawyers of all ranks and could represent a 10 percent reduction in the number of prosecutors. Names were not released, but current and former employees -- none authorized to publicly discuss the…

Character Letter for a Judge: 9 Essential Tips for an Effective Letter

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Sentencing in federal criminal cases – whether they are as a result of a plea of a verdict – are set by the judge. Character letters for a judge requesting a lower sentence, are a mainstay of federal criminal cases. This is because most federal judges limit the number live witnesses, but will receive and review almost any number of support or character letters.  The Goal of a Character Letter  A character letter for a judge seeks to do several things.  Tip 1 for a Character Letter for a Judge: Establish Credibility  First, it should inform the judge how the author of the letter knows the defendant. Use the first paragraph to build credibility and answers the following questions:  How long have you known the person? How did you come to know the person – professionally, through family, as a community member etc?  If you know the person professionally, this is a good place to add your position or role that allowed you to get to know…

Character Letter for a Judge: 9 Essential Tips for an Effective Letter

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Sentencing in federal criminal cases – whether they are as a result of a plea of a verdict – are set by the judge. Character letters for a judge requesting a lower sentence, are a mainstay of federal criminal cases. This is because most federal judges limit the number live witnesses, but will receive and review almost any number of support or character letters.  The Goal of a Character Letter  A character letter for a judge seeks to do several things.  Tip 1 for a Character Letter for a Judge: Establish Credibility  First, it should inform the judge how the author of the letter knows the defendant. Use the first paragraph to build credibility and answers the following questions:  How long have you known the person? How did you come to know the person – professionally, through family, as a community member etc?  If you know the person professionally, this is a good place to add your position or role that allowed you to get to know…

What are Crimes Involving Moral Turpitude?

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What is a crime involving moral turpitude? If you or someone you know has recently been arrested for a crime you may have heard this term thrown around. A crime involving moral turpitude is not a specific offense. Instead, a crime involving moral turpitude is a classification that can be assigned to a crime. If […]

Modifying an Iowa No Contact Order

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HOW TO MODIFY A NO CONTACT ORDER Modifying a no contact order can be complicated business. There are several types of no contact orders in Iowa. No contact orders which accompany a criminal charge (i.e. domestic assault, harassment, abuse etc.) are the subject of this post. As a charged defendant you should discuss modification with your attorney. No contact orders can be modified, prior to completion of your case. Modifications typically permit child visitation and phone-text-email communication. A modification requires your lawyer to make a motion to the court. A hearing is then set for your attorney to explain to the court the reasons for your requested modification. Most no contact orders will not be dropped until your criminal case is over (and some will survive the case). As the “protected party”, the person whom the no contact order is designed to protect, you should discuss modification with your lawyer. If you do not have a lawyer you should retain one to…
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