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Tuesday Talk: Do They Stand A Chance?

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In Matt Bird’s book, The Secrets of Story: Innovative Tools for Perfecting Your Fiction and Captivating Readers, there is a part called “The Poisonous Cindarella Story.”* It’s sad, pathetic and illuminating. Up until that week, I was still clinging to my personal version of the Cinderella story: I was convinced I could go to a top MFA program, impress my professors, get whisked into a job in the industry, start at the top by selling a show to HBO, and begin a life of fame, fortune, and acclaim. So far, everything had seemed to work out (CAA liked the new intros, after all), but I began to feel a sense of dread: This was all an illusion. I didn’t really “have it” yet. Looking back, this was the time I began to see that Columbia had been run like a fantasy camp. We were encouraged to dabble in everything and specialize in nothing, to follow our muse wherever it led us, content in the knowledge that we were in a “safe…

Appeals Court Upholds Decision In New Miami Speed Camera Case

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An Ohio Appeals Court has upheld a decision by a Butler County judge that the village of New Miami cannot claim immunity to avoid repaying  the $3 million it collected from drivers who were caught by an unconstitutional speed camera scheme. Read the opinion here. Previously, the Common Pleas Court had found that the ordinance implementing the speed camera scheme failed to provide adequate due process to motorists. The Village had attempted to avoid repaying the money it had collected by claiming “sovereign immunity,” a legal doctrine that allows municipalities to avoid tort liability.  The court had previously ruled that the doctrine was inapplicable because the suit to recover the money was an action to correct the unjust enrichment of the village. The Court of Appeals rejected the Village’s argument that because courts have upheld the authority of municipalities to enact speed camera ordinances, they don’t have to provide adequate due…

“MASSACHUSETTS DCF SUPPORTED ALLEGATIONS AGAINST ME! WHAT DO I DO?” (Part 2 of 2)

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So you are standing there with the letter that came to you from the Department of Children and Families (“DCF”). The letter says that they have investigated reports of your being abusive and neglectful to your young children. When you got the first letter, the 51A letter, you agreed to meet with the DCF investigator. You figured that you did not need a lawyer. After all, to your best knowledge, you are neither neglectful nor abusive. Nothing could be further from the truth! You met with the investigator, who struck you as having just graduated from high school, and explained the absurdity of the allegations. She nodded politely and seemed very nice. Yes, you had an argument with your spouse. Yes, the kids where home. Yes, sometimes you are forced to raise your voice a bit with your children when they get out of control. Who doesn’t? No hitting. No violence. Certainly nothing like what you grew up with! How could they find against you? Attorney Sam’s take…

A Legend Leaves

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Good-bye Masekela.  You done good.

Warren Redlich

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If you're looking for photos or images of Warren Redlich, we have the latest here. When Warren is not working as a Realtor or attorney, he's living life. Here's a brief gallery.   Warren Redlich is a man on the move. In this case moving while he's supposed to be still for a photo. Eventually we got it right and here's Warren where he's supposed to be:   When he's not modeling, Warren is

LA County Sheriff’s Deputy Charged in Large-Scale Drug Trafficking Scheme

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While recreational marijuana use may have recently been made legal in California, drug offenses are still a problem in Los Angeles and across the state. Recently it was reported that Los Angeles County sheriff’s deputy Kenneth Collins was charged with operating a large-scale drug trafficking scheme along with three others who were arrested by FBI agents during a sting operation; he had been under investigation by agents for several months due to suspicions he was dealing in drugs. Possession and sales of illicit drugs and narcotics is a huge problem in LA and surrounding areas. In fact, given the opioid epidemic it’s a growing problem across the nation. From oxycodone, fentanyl and cocaine to heroin, methamphetamine and other substances, people are finding themselves facing criminal charges that could result in punishment including a few months in jail to years or even decades behind prison bars depending on the person’s criminal history, type and amount of…

How to Choose a Trustee

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If you create a trust as part of your estate plan, you will also need to choose a trustee. In simple terms, the trustee is in charge of the trust and must follow the instructions in the trust document when investing, protecting, or distributing trust assets. Considerations When Choosing a Trustee There are many different types of trusts, and your choice of trustee will largely depend on the purpose of your trust. The following are some important factors to consider when choosing a trustee: Who the trust beneficiaries are. A trust can have more than one beneficiary. For example, a trust could be used to benefit your spouse during their lifetime, with the assets then passing to your children from a previous marriage after your current spouse passes away. In cases like this, you need a trustee who can effectively balance the interests of multiple trust beneficiaries. Avoiding conflicts of interest. Sometimes a family member may be too close to the beneficiary to act objectively in…

Recovery After a Personal Injury

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If you have suffered a personal injury as the result of a car crash, a slip and fall, or other type of accident, you are probably eager to put the whole incident behind you and move on with your life. In this situation, an early settlement offer from an insurance company can seem like the perfect opportunity to get compensation for your medical expenses and other costs you have incurred. Unfortunately, insurers use this time when you are most vulnerable and not completely healed from your injuries to offer you settlement amounts that are often far less than what you will eventually need or are entitled to. Allowing Yourself the Time to Heal Not all personal injuries are easy to diagnose, and it can be difficult to determine any potential long term damages or impairments they can cause. Often times, it takes extensive diagnostic testing, along with time for various symptoms to reveal the extent of the damage. According to the Centers for Disease Control and Prevention…

Do I Need SR-22 Insurance After an Ohio OVI?

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Getting a DUI in Ohio or any other state not only puts you at risk to incur significant legal penalties, but also additional requirements that could extend into other areas of your life. One of those requirements involves the filing of an SR-22 insurance certificate. SR stands for Safety Responsibility. It is document that verifies [...]The post Do I Need SR-22 Insurance After an Ohio OVI? appeared first on Columbus Criminal Attorney.

NH House Bill to Require Warrant to Obtain Blood Results from Dui Suspect

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New Hampshire House Bill HB 1752-FN would require local law enforcement to obtain a warrant before having access to blood taken from a person being investigated for a DUI offense. House Speaker Gene Chandler, R-Bartlett, said he and several colleagues are opposed to how the bill is written.  “There might be some way to make it more palatable,” said Chandler. The House Criminal Justice and Public Safety Committee are scheduled to discuss the bill in a public hearing. A copy of the Bill is reproduced below. https://legiscan.com/NH/text/HB1752/id/1657953   HB 1752-FN – AS INTRODUCED 2018 SESSION 18-2669 01/04   HOUSE BILL 1752-FN   AN ACT requiring a search warrant to obtain blood samples.   SPONSORS: Rep. Hynes, Hills. 21; Rep. Zaricki, Hills. 6; Rep. Ferreira, Hills. 28   COMMITTEE: Criminal Justice and Public Safety  …

5 Idiotic DUI Arrests In Minnesota

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We’ve already written a blog on the drunk driving statistics from the New Year’s holiday, but more information about some of these arrests was just released. Some of the arrests were crazy, while others were just down right stupid. Below, we take a look at five of the most idiotic arrest stories from the New Year’s DUI crackdown here in Minnesota. Dumb DUIs in Minnesota Before we take a look at five crazy DUI stories from the holiday crackdown, here’s a couple fast facts: 12 agencies across the state arrested someone with a BAC over 0.35. The highest BAC occurred in Coon Rapids County, where a driver blew a 0.492. The Minnesota State Patrol (Oakdale) registered the most DUI arrests in the Twin Cities metro area. The Minnesota State Patrol (Rochester) registered the most DUI arrests outside of the Twin Cities. Between Thanksgiving and New Years, Minnesota police arrested 2,656 drivers for DUI. And without further ado, here’s a look at five stupid…

"The 'New' District Court Activism in Criminal Justice Reform"

Adelman on Habeas Corpus

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Lynn Adelman (U.S. District Court - Eastern District of WI) has posted Who Killed Habeas Corpus? on SSRN. Here is the abstract: This article discusses the recent history of the writ of habeas corpus, once known as the Great Writ...

Don’t Let Your DWI Criminal Record be a Roadblock to Your New Year

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This past legislative session (2017), Texas lawmakers from both sides of the aisle proposed legislation to help expand the opportunity to seal criminal convictions with an order of non-disclosure. The new law HB 3016 allows a person convicted of nonviolent…Read more ›

Moving to a Different State as a CA Sex Offender

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A person can become a registered sexual offender in California for a wide range of crimes – from flashing body parts to taking nude selfies as a minor. If you are a registered sex offender in California, you will run into many roadblocks and barriers during tasks such as finding jobs and housing, or moving... The post Moving to a Different State as a CA Sex Offender appeared first on Law Offices of Graham D. Donath, APC.

News Scan

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Illegal Charged in California Rapes:  A previously deported illegal alien has been charged with raping four young women while working as an Uber driver.  Christopher Weber of the Associated Press reports that Alfonso Alarcon-Nunez, a Mexican citizen, targeted intoxicated women which he drove to their homes and raped before robbing them of their cellphones, computers and jewelry.  Alarcon-Nunez was deported from New Mexico in 2005.  California issues driver's licenses to illegal aliens and Alarcon-Nunez acquired his in 2015 which helped him qualify as a driver for Uber.  The rapes began in mid-December in the seaside town of San Luis Obispo, home to Cal Poly State University.  With the help of DNA evidence, detectives were able to identify Alarcon-Nunez as suspect and arrest him last week.  Police are reaching out to the community for other possible victims to come forward.  If convicted on all counts the suspect could receive a life…

Child molester/gymnastics coach Larry Nassar gets (only?!?) 40 to 175 years as state prison sentence for mass molestation

Special Counsel Mission Creep

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The worst abuses of past independent and special counsels in USDoJ have resulted from investigations ranging far afield of the issue that prompted an appointment in the first place.  Time and again, in administrations of both parties, we saw these specially appointed attorneys come up with nothing to prosecute on the original issue and then go after someone for something only tangentially related.  After both parties had been burned in this way, the Independent Counsel Law was allowed to expire, unmourned, with no real effort to renew it.So when it came time for Deputy Attorney General Rod Rosenstein to appoint a special counsel, he should have learned from history, not repeated it, and strictly limited the special counsel's scope to the matters making an appointment necessary.  The special counsel should be looking into allegations of "the Russian government's efforts to interfere in the 2016 presidential election," as the lead paragraph of…

Willison et al. on Deterring Internal Computer Abuse

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Robert Willison, Paul Benjamin Lowry and Ray Paternoster (Newcastle University (UK), The University of Hong Kong - School of Business and University of Maryland - Department of Criminology & Criminal Justice) have posted A Tale of Two Deterrents: Considering the...

Lawsuits Are an Option for Domestic Violence Victims

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There are more avenues than criminal court to seek retribution for domestic violence and abuse. A victim can sue the alleged offender for civil damages, even if the accused was acquitted of criminal charges. This right extends to cases of marital tort. A victim can sue his or her spouse and hold him or her accountable for monetary damage as if the two parties are not married. Examples of Marital Tort An action that intentionally tries to hurt someone is known as a tort. Marital torts commonly but not exclusively involve some form of domestic violence or abuse. Examples of marital torts include: Assault or battery; Threats of violence; Marital rape; Emotional abuse; Intentional transmission of an STD; Defamation; Fraud; and Denying access to vital resources. A marital tort can also extended to actions that caused physical or emotional harm to children of the marriage. No ‘Heartbalm Torts’ Illinois passed a law in 2015 that eliminated forms…
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