DUI Driver Held By WitnessesWitnesses to a serious New Year’s Day accident in Hollywood held a suspectedDUI driver until police arrived. According to witnesses, a Prius driver sped through a stop sign and then collided with a Mercedes SUV. The Prius driver then crashed into a clothing store on Melrose Avenue at Vista. The impact injured six passengers in the Mercedes, four of them seriously. Following the crash, the Prius driver attempted to flee the scene. Witnesses to the collision chased the man and held him until police arrived. Paramedics transported four people to local hospitals in critical condition. They also transported two other passengers to hospitals with less serious injuries. Officials from the Los Angeles Building and Safety Department also evaluated the building for structural damage following the collision. Police determined that he also fled the scene of a hit-and-run accident in Hollywood Heights a few minutes earlier. Authorities charged the man…
DUI Driver Held By Witnesses
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Florida Bar: Intimidate All You Want
The blind squirrel is alive and well in Florida, as the Bar Association gets one right. A well-meaning attempt to strengthen protections against bullying in the legal profession may have gone too far, at least according to the Board of Governors. This fall, the Rules Committee voted 7-0 to add guidance that subdivision (d)’s prohibition applies to “bullying and intimidating other lawyers,” in the comment to the Misconduct Rule (4-8.4). The proposal grew out of a recommendation by the Florida Bar Special Committee on Gender Bias. Of course they have a special committee on gender bias, and what would you expect such a special committee to do? The rule they sought to change is 4-8.4(d), which makes it misconduct to: (d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors,…
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CARLOS BRUCE REGALANDO DINERO QUE NO ES SUYO
https://elcomercio.pe/opinion/editorial/editorial-casas-herreros-noticia-490342 “La idea parece insuficiente. Por un lado, nada garantiza que los jóvenes efectivamente ahorren dinero para la cuota inicial al no tener que pagar la parte del alquiler que se cubre con los impuestos de los contribuyentes. Consultado sobre esta posibilidad, el ministro respondió que no le preocupa. “Si cumplió un fin, que es darle una solución habitacional a dos personas por algún tiempo, me parece bien. Eso es una función del Estado”, afirmó, como si subsidiar la renta de las personas particulares fuera equivalente a proveer justicia o seguridad con recursos públicos.” QUE OPINO No es un personaje cualquiera quien afirma tamaña barbaridad, nada menos que el señor Carlos Bruce, Ministro de Vivienda, veamos porqué: Primero, solucionar la pobreza NO se alcanza con programas como…
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MN: Order to provide a fingerprint to unlock a cell phone is not testimonial and thus not barred by the 5A
A order to provide a fingerprint to unlock a cell phone is not testimonial and thus not barred by the Fifth Amendment. State v. Diamond, 2018 Minn. LEXIS 7 (Jan. 17, 2018): This case presents an issue of first impression: … Continue reading →
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OH12: When state SCt denies review of 4A claim, it’s law of the case on remand
After the state supreme court denied discretionary review of the search issue, the lower court ruling became law of the case, and the suppression hearing couldn’t be reopened. State v. Raphael, 2018-Ohio-140, 2018 Ohio App. LEXIS 140 (12th Dist. Jan. … Continue reading →
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Mommy Dearest
Word spread of a letter from mommy to her darling baby boy, written by Liz Corsini. Dear Son, You are coming of age during an exciting era; gender norms redefined, the proud expression of pro-nouns, marriage equality, and the visible ongoing fight for racial equality. There is no shortage of injustice and the #MeToo movement is now leading the charge against arguably the most pressing public health crisis of our time, gender violence. #MeToo is raising the voices of empowered survivors of sexual harassment and violence. These voices are speaking directly to you my son. At 21 years-old, you are likely more enlightened and woke than your father and grandfathers. You know enough to “believe” survivors and you would likely “say something if you see something”- at least I hope you would. #MeToo has ignited a national conversation, one that demands your active and informed participation. Many have been inspired to speak out, though some mothers of sons worry…
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How to Change a Will
There are many events that could require you to make a change to your will—including a subsequent marriage, the birth of a child, or the acquisition of new assets. When new circumstances arise, it’s important that you follow the proper procedures to legally modify you will. If you make a procedural error, you may either fail to change your will or make other unintentional errors. Should You Change or Revoke Your Will? There are two ways to change your will: you can add a new document to your current will—referred to as a codicil—or you can revoke your prior will and execute a new will. Each method has its own benefits. A codicil is easier to make if you only want to make a single minor adjustment to your will. However, you can’t just cross out a sentence or add a new paragraph at the bottom of your will if you want the codicil to have legal effect. You need to follow the same procedures you used when creating the original, including signing the…
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The Difference Between Misdemeanor and Felony Charges
Getting charged with any type of crime in California is a serious matter. A criminal conviction will remain on your permanent record, impacting you for years to come. In addition to the fines and potential jail time you may be facing, your charges could prevent you from obtaining jobs, student loans, and even a mortgage or housing. Of course, the types of charges you face are a major consideration. Whatever your situation, our San Jose attorneys will work to build you a strong criminal defense. However, it is important for you to be aware of the differences between misdemeanor and felony charges and how California handles each of these types of charges. California Misdemeanor Crimes Misdemeanor crimes are considered less serious than felony offenses, but they still carry potentially severe penalties upon conviction. Depending on the charges, you could be facing fines up to $1,000 and up to a one year mandatory jail sentence. Examples of misdemeanor crimes handled through the…
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The Importance of ‘Batson Challenges’ in Jury Selection for Your Maryland Criminal Trial
Chances are, there are certain U.S. Supreme Court cases with which you’re familiar, even if you don’t realize that you are. If you’ve ever viewed TV police dramas, you’ve probably heard a character give a criminal suspect various instructions like, “You have the right to remain silent…” or “You have a right to an attorney. If you cannot afford an attorney, one will be appointed…” These are concepts that were at the center of two rulings from that court in the 1960s. On the other hand, you may not be familiar with the phrase “voir dire” or the important of a 1986 ruling named Batson v. Kentucky, but an experienced Maryland criminal defense attorney would be. This court opinion, and its impact on the jury selection process in criminal trials, continues to play an important role today. James Batson was an African-American man standing trial for burglary in Louisville, Ky. in 1982. The rules of jury selection…
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California Revised its Contract Law to Protect Cannabis Contracts (Effective January 1, 2018)
Jack Praetzellis writes: California law requires all contracts to have a “lawful object”. Previously, this posed a problem for contracts involving cannabis since cannabis-related contracts are largely unlawful under federal law. On January 1, 2018, California enacted Civil Code Section 1550.5. That Code Section explicitly states that cannabis-related contracts have a lawful object under California law. California’s new law provides that commercial activity relating to adult-use cannabis conducted in compliance with California law is deemed to be the lawful object of a contract. Section 1550.5 means that cannabis businesses can enter into and enforce contracts knowing that courts will not (or at least, should not) find their contracts invalid for lack of a lawful object. Businesses in the cannabis industry should draft their contracts to take advantage of this change in the law and there are at least two immediate implications. First,…
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FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW
Exigent circumstances justified a warrantless blood test because defendant’s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced … Continue reading →
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How to Drive in Snow (And Not Crash)
So you want to venture out in the snow and not crash? Follow these simple tips and you should be able to arrive safely or know when not to travel. According the U.S. Department of Transportation, “Each year, 24 percent of weather-related vehicle crashes occur on snowy, slushy or icy pavement and 15 percent happen during snowfall or sleet.” Follow these tips to avoid a crash in the snow this winter: Abraham Lincoln and Your Tires Have you ever heard of the penny test? In addition to being one of the best U.S. Presidents, Abraham Lincoln could save your life when heading out in the snow. The penny test goes like this: Place a penny head in the groves of your tires. If you see the top of Lincoln’s head, you should not drive in the snow. Tread wear will provide less grip and traction in the snow and leave you driving on rubber ice skates. So, instead of heading out in the snow, relax, let the snow melt and head to a tire shop as soon as the roads clear…
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FRANCISCO I en el Perú
Personalmente creo en Dios, supremo hacedor de las maravillas y contrastes de la naturaleza, NO en los que dicen ser sus representantes. La visita del Papa en una coyuntura tan conflictiva para nuestra Patria, con la sana intención (espero) del Papa Francisco I de encontrar la paz, NO abona en ese sentido pues, las cosas de Dios pertenecen a Dios y pedir "PAZ" en medio de tanta desigualdad humana NO se soluciona invocando a nuestro señor en la medida que, para los granujas en el poder el único dios que cuenta es el dinero. Inútil es, clamar Paz que tendrá acogida, sin duda alguna, en aquellos que disfrutan de bienestar económico y confort, sin embargo millones de peruanos que no tienen seguridad si comerán mañana semejante invocación es una bofetada religiosa a sus necesidades. Alguien que pueda elaborar la más sencilla de las ideas podrá creer que cumplida su…
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RICO conspiracy charges against Mongols Motorcycle Club in Tennessee may be too broad
This week, federal prosecutors in the Middle District of Tennessee in Nashville announced they have indicted over twelve members and associates of the Clarksville Chapter of the Mongols Motorcycle Club,… read more → The post RICO conspiracy charges against Mongols Motorcycle Club in Tennessee may be too broad appeared first on Pate & Johnson Law Firm.
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CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that’s all that’s required
Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also … Continue reading →
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Kyle Therrian Named to 2018 ‘Best Lawyers Under 40 List’ by D Magazine
D Magazine has selected Kyle Therrian to the 2018 edition of Best Lawyers Under 40, a list that recognizes outstanding young attorneys in North Texas. Kyle focuses his practice on representing individuals in both pending criminal cases and in criminal…Read more ›
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Shiner & Ho on Deferred Prosecution Agreements
Roger Shiner and Henry Ho (University of British Columbia Okanagan and Melbourne Law School) have posted Deferred Prosecution Agreements and the Presumption of Innocence (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: A deferred prosecution agreement, or...
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What You Need to Know About Allegations of Theft in Colorado
If you have been accused of theft in Colorado, you need an experienced Denver criminal defense attorney immediately. The Colorado crimes of theft are outlined under section 18-4-401 in Colorado Law. Any claim of theft, whether at the misdemeanor or the felony level, is serious enough to warrant a comprehensive criminal defense immediately. If you’re not sure of where you stand and don’t know how to proceed, hiring a talented lawyer is your next step. A lawyer is the only one who can protect you and make sure you know what to expect in the legal process of fighting back against charges. You must begin by considering the different types of crimes that can be assessed against someone who allegedly stole something else. Theft charges can range from petty offenses all the way up to felonies, a class one petty offense theft charge involves taking an item valued at less than $50, whereas a class two felony could be assessed if item in question is $1 million or more. The…
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US Sentencing Commission releases new proposed guideline amendments to address synthetic drugs
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Understanding DUI Charges Related to Legal Marijuana in California
As of the beginning of 2018, the sale and use of marijuana for recreational purposes is legal in the state of California. While many people are celebrating this change in the law and the freedoms it provides, they should be aware that marijuana is now treated much the same as alcohol, and driving while intoxicated by the drug can lead to a DUI arrest. California’s Marijuana DUI Laws California law states that it is unlawful to drive a vehicle while under the influence of drugs or alcohol. It is also illegal to have an open container of alcohol or marijuana in a vehicle while driving. While DUIs related to alcohol and marijuana are treated in much the same way, there is one key difference: the law provides a specific legal limit for alcohol (.08% blood alcohol content), but not for marijuana. With no legal threshold for what constitutes impairment by marijuana, a DUI arrest will be made based on a police officer’s judgment of whether a driver is intoxicated.…
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