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Diaz-Tello et al. on Decriminalizing Abortion

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Farah Diaz-Tello, Melissa Mikesell and Jill E Adams (Independent, Independent and Independent) have posted Roe's Unfinished Promise: Decriminalizing Abortion Once and for All on SSRN. Here is the abstract: Roe's Unfinished Promise: Decriminalizing Abortion Once and For All is the...

Dekalb couple faces criminal charges after police act on tip

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Those who are accused of a crime in Dekalb may be unsure how to proceed following their arrest. Daunted by the charges against them, they face tough decisions that they may not fully understand. Unfortunately, a couple now faces felony criminal charges after police say they were part of a dog fighting ring. Reports claim that police received a tip about the home. As a result, they conducted a searched and claim they found 18 dogs that were tied. Police claim that the conditions were "deplorable." Officers also claimed to have discovered evidence that the dogs were being trained to fight. According to reports, treadmills, supplements and creatine were found on the premises. Police say they also discovered a calendar that listed training dates and the weights of the dogs but do not believe that fights occurred at the residence. Nevertheless, two people at the home were arrested and face felony charges related to cruelty, though it is unclear where police…

Removing a No Contact Order in a Domestic Violence Case

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No contact orders are very common when it comes to domestic violence allegations.  This type of order prevents a Defendant from having contact with an alleged victim.  It may also prevent a Defendant from returning to a home address.   These types of orders cause a lot of chaos, disruption, and hardship in people’s lives and family.  No contact orders are also often contrary to what the alleged victim wants. Removing a no contact order, in many cases, is not easy.  Violations of bond conditions including no contact orders can lead to jail. How to remove a no contact order.  There is no guaranteed method, because Judges have a lot of discretion in Michigan when it comes to setting the conditions of bond.  However, there are a number of different steps that a Defendant may take that will help him or her improve the odds that the no contact order will be lifted: Continue reading

"Mental Health Courts and Sentencing Disparities"

Troiano on Violent Crime, Social Capital, and Political Behavior

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Ugo Troiano (University of Michigan at Ann Arbor - Department of Economics) has posted Does Experiencing Violent Crimes Matter for Social Capital and Political Behavior? on SSRN. Here is the abstract: Do early experiences of violent crimes matter? In this...

Poor Judgment Leads to Drunk Driving Accidents in Boston

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Driving drunk is never a good idea.  It is negligent conduct that puts many lives at risk including the drunk driver, passengers in his or her vehicle, pedestrians, bicyclists, and occupants in other vehicles.  According to the law as we can see in Chapter 231 of the Massachusetts General Laws (M.G.L), this involves failing to act as a reasonable and prudent driver in such a way that will avoid a preventable car accident.  Negligence in Boston drunk driving accidents can also be proved by showing the defendant violated a traffic or criminal statute enacted to prevent the type of conduct which caused the accident. In the case of an accident caused by a drunk driver, this conduct is obviously against the law as the Operating Under the Influence of Intoxicating Liquor or Drugs (OUI) statute can be found in M.G.L. Chapter 90, Section 24. However, beyond the law itself, driving drunk is negligent behavior because it involves making bad choices from the moment a…

US Attorney for Oregon, expressing "significant concerns about the state's current regulatory framework," plans summit in response to new AG enforcement policy

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Billy J. Williams, the United States Attorney for the District of Oregon, has this fascinating new newspaper commentary under the headlined "U.S. Attorney: A call for transparency and action on marijuana." Here is most of what it says: Earlier this month, Attorney General Jeff Sessions issued a memorandum rescinding existing...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/JCyuyG57TPY" height="1" width="1" alt=""/>

Medical Marijuana Incompatible With Federal Gun Laws

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Maryland already has some of the toughest gun laws in the country, and now the medical marijuana program may contribute to even tighter restrictions on gun ownership in the state. The Attorney General recently went on record stating his office would no longer sit back and let the states implement marijuana policy without the threat of federal government interference. This doesn’t necessarily mean (we hope) that the DEA is plotting to raid recreational and medical marijuana grow houses and dispensaries across the country, but there is certainly some cause for concern. Here in Maryland the medical marijuana program just became functional after years of work by thousands of people who put in time and millions of dollars for the little green plant to become available with a doctor’s approval. The program is not going anywhere, so patients and investors probably need not fear the worst. But there may have to be some sort of effort to keep the feds at bay, and a firearms…

Winterdyk on Child Human Trafficking

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John Winterdyk (Mount Royal University - Justice Studies) has posted Combating (Child) Human Trafficking: Building Capacity (Oñati Socio-Legal Series, Vol. 8, No. 1, 2018) on SSRN. Here is the abstract: The presentation/paper focuses on the challenges and necessity of building...

Cassie Caldwell Becomes an Ambassador for McDowell County Chamber of Commerce

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King Law is pleased to announce that legal assistant Cassie Caldwell has been selected to serve as an Ambassador for the McDowell County Chamber of Commerce. Cassie will be out in the community, at chamber events and up to date with all the happenings in and around Marion.  When you see Cassie, be sure to introduce yourself and let her know if there is anything King Law can do to assist with your legal needs. King Law has been serving the residents of McDowell County since 2005.  We value our relationships with the Chamber of Commerce, business owners and residents.  King Law founder, Brian King, regularly speaks the the participants of the G.E.M.’s program.   In addition to our business services, Attorneys Frank McFarland and Elizabeth Thueme are experienced in cases of child custody, child support, domestic violence protective orders, divorce, alimony, traffic tickets, revoked licenses, expunging criminal records, DWI/DUI, and estate planning.…

The Rights of Alleged Shoplifters Detained in CA

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There are times when shoplifting is considered a relatively minor offense—for example, when a teenager steals a tube of lipstick from the mall. However, under other circumstances shoplifting can constitute a serious offense—a woman slips an expensive diamond engagement ring into her purse while browsing at a fancy jewelry store. Still, it is important to be aware that those who are suspected of shoplifting in California can be detained regardless of the dollar amount of the merchandise that they allegedly tried to steal. Yet under what circumstances can a suspected shoplifter in California be lawfully detained? Moreover, what rights does an alleged shoplifter possess after being detained? These questions have been answered below in accordance with California law but please be aware that each shoplifting case is unique and that any case specific questions should be directed towards a local petty theft shoplifting defense attorney. When Can a…

Beware What You Share: Privilege Waiver Risks in Investigations

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In responding to regulatory and government investigations, firms are often faced with the question of how to balance the desire to cooperate with the need to preserve privilege over an internal investigation.  Financial institutions face this question additionally in their reporting requirements to regulators, including Form U-5 filings and Suspicious Activity Reports.  Two recent decisions illustrate the risk of a waiver of privilege when a firm provides information relating to witness or client interviews. In the first case, a U.S. Magistrate Judge in the Southern District of Florida held that providing “oral downloads” of otherwise-privileged witness interview notes and memoranda to the Securities and Exchange Commission effectively waived privilege.  SEC v. Herrera, 2017 WL 6041750 (S.D. Fla. December 5, 2017).  The court in Herrera ruled that there is little or no distinction between (a) producing actual interview notes and memoranda to a…

Week of January 8 - 12, 2018

Supreme Court grants cert on a couple of (small?) sentencing cases

Florida Legislative Report

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Florida Legislative Report It has been a busy first week legislative session in Florida for several family law bills that have been proposed in both House and Senate. Surprisingly, it is still legal for teens under the age of 18 to be married in Florida, but that may change with a new bill that has already breezed through committees to the Senate floor. SB 140, sponsored by Sen. Lizbeth Benacquisto, R-Naples, has easily passed through the Judiciary; Children, Family and Elder Affairs; and rules committees in unanimous votes. The bill states that a marriage license may not be issued to a person under the age of 18. The bill would also mandate that parties to a marriage file a written and signed affidavit with the county court judge or clerk of the circuit before a clerk can issue a marriage license. Each party would also have to provide his or her social security number for purposed of child support enforcement. If approved, the bill would take effect July 1. Here…

Be Cautious of Icy Roads This Winter

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We are in the thick of winter, and that means horrendous weather conditions and unsafe road conditions. Slick, black ice has causes hundreds, maybe even thousands, of automobile accidents through New York and New Jersey on an annual basis. According to a report, roadways covered in snow and ice account for nearly 117,000 injuries and an estimated 1,300 people are killed on a year-to-year basis. For anyone who has learned to drive in the Northeast knows how dangerous black ice can be. Unlike snow, it is hard to determine whether it is present on the roadways. The roadway may just look slick until you start feeling your vehicle slide. You must remember that whenever the roadway looks slick during this time of year, chances are black ice is present somewhere on the roadway. If you are driving on the road after freezing rain has fallen, be aware that black ice is most-likely present. If you do hit a patch of black ice, keep these tips in mind: Remain calm and don’t panic.…

News Scan

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Death Sentence for Missouri Child Killer:  A Missouri Judge has sentenced Craig Wood, 49, to death for the 2014 kidnap, rape, and murder of a 10-year-old girl.  Fox News reports that Wood snatched fourth grader Hailey Owens off a street in broad daylight in front of witnesses, who took down his license number.  He took the girl to his house, raped her, shot her in the head, and left her body in the basement.  Jurors were unanimous in finding Wood guilty of capital murder, but could not agree on whether he should receive LWOP or a death sentence.  Because of this, Missouri law places the sentencing decision with the judge.  Wood's attorneys told reporters they will argue on direct appeal that his trial was unconstitutional.Top MS-13 Leader Arrested:  The DEA announced Thursday that its agents had  arrested 17 top-ranking members of the violent MS-13 drug gang. Larry Celona, Kevin Sheehan, and Danika Fears of the New York Post report…

Bahr & Melum on EU's "Victims' Directive"

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Bernt Bahr and Jenny Melum (Nedre Romerike District Court and Norwegian Courts Administration) have posted EU's ‘Victims’ Directive’ – A Legal Act for a Cultural Change? (International Journal for Court Administration, Vol. 9, No. 1, 2017) on SSRN. Here is...

This Crime Is Impossible To Prove

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Big charges make the news.  Defense attorneys love big cases because their egos enjoy coverage on the evening news.  Heck, attorney egos even enjoy the bought and paid for kind of coverage you get from incessant TV ads and billboards.  And, if you know nothing about attorneys, please know that they (me too? maybe) have quite the egos. The ego stroking options are endless for attorneys, big cases aren’t the only way to go.  When I first started defending cases back in 1993 (sounds a little ego stroke-ish doesn’t it?  My web people want me to say stuff like this, blame them please), all the new attorneys at the public defender’s office bragged about picking juries while pounding their chest, very similar to the intro of 2001 A Space Odyssey.  Every time an attorney went to trial in our office, that attorney would send an office wide email saying something like “picking 6, someone please cover my office…

Should Kids Be Allowed to Waive Miranda Rights?

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Miranda Rights The chances that you have heard a version of the Miranda Rights are high. You do not have to be a crime suspect to have heard it, thanks in part to criminal TV shows and their ubiquitous Miranda warnings read aloud by police officers to criminal defendants as at the time of the arrest. The Miranda Rights starts with the famous “You have the right to remain silent…” Judging by the popularity of the statute, it would appear that most people understand what the Miranda rights actually protect. Wrong. The plain meaning of the Miranda Rights sometimes gets lost. The various ways that law enforcement word Miranda warnings around the country often compound the loss in meaning. Protection Offered by the Miranda Rights By law, a law enforcement officer should read the Miranda rights to the suspect at the time of his or her arrest. The major benefits include: That it is not a must to speak to the police That you are permitted to have an attorney…
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