Deceptive Practices Get Good Results for Friendly FBI Agents We have on a number of occasions advised our readers that if confronted by law enforcement about any criminal matter, they should not speak to the officials without the presence of an attorney. There are reasons for this advice. There is a significant difference from giving the police a statement if you are the victim of a crime or a witness to a crime and agreeing to be interviewed by law enforcement in connection with a criminal inquiry, whether a person of interest, suspect or target. Law enforcement does not knock on your door and ask to speak to you in a vacuum. They are at your door to secure information about you or about someone you may know. Although their introduction is generally cordial, professional, even polite, the police are not at your door as your friends but as a determined force of the government to secure even the slightest morsel of incriminating evidence about criminal activity.…
Deceptive, Friendly Interview Tactics Get Good Results for FBI
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US Attorney for Oregon, apparently serving now as chief state regulator, conducts marijuana summit
As reported in this post three weeks ago, Billy J. Williams, the United States Attorney for the District of Oregon, penned a commentary to express a "significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon." That commentary also spoke of his plans...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/G8uoHJ8AYk8" height="1" width="1" alt=""/>
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Vallejo – Super Bowl Weekend DUI Enforcement
The Vallejo Police Department will be conducting an enhanced DUI enforcement during the 2018 Super Bowl weekend. Vallejo Police will deploy extra officers in an effort to bust drunk and impaired drivers and the Solano County agency indicates that anyone showing signs of alcohol or drug impairment will be stopped and arrested. A conviction for a first offense DUI in Solano County or anywhere in the Bay Area can result in punishment including probation, fines, a DUI school and up to 6 months in jail under the California Vehicle Code. Drivers with multiple offenses for driving under the influence face even greater punishment. Whether arrested for DUI in Dixon, Vacaville, Fairfield, Vallejo, or Benicia, you need to call an experienced aggressive driving under the influence attorney for help. For more information about driving under the influence charges, suspended license charges and traffic tickets in Vallejo, Solano County and throughout the greater…
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"Michigan sex offender registration law held unconstitutional"
From Collateral Consequences Resource Center, via the NACDL news feed. In part: On January 24, the Michigan Supreme Court held the state’s sex offender registration scheme unconstitutional on due process grounds as applied to one Boban Temelkoski. Temelkoski had pleaded...
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Super Bowl 2018: Anthony Wright and Dennis Maher’s home teams go head-to-head
We asked football fanatics Anthony Wright and Dennis Maher five quick questions about this years’ Super Bowl LII as their home teams go head to head: Philadelphia Eagles vs. New England Patriots. The Eagles, never having won a Super Bowl, are the underdogs against the returning champions, the Patriots who have five trophies under their belt. Anthony Wright What are your Super Bowl plans? “We gonna party like it’s 1999. A lot of people are not familiar but 25 years ago the Eagles had a saying “bring it home for Jerome” because we lost one of our best players Jerome Brown. Twenty-five years later, I think that saying is finally gonna come true.” Who is going to win and why? “The Eagles are going to win because it’s our time. All good things must come to an end. This Eagles thing is special. When it’s special nothing can interrupt it. We lost some of our best players earlier in the…
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Next Steps for Trucking Accident Victims: Handling Insurance Companies
It’s inevitable that you will be contacted by an insurance company after a car crash. When a semi-truck is involved in the incident, the insurance companies and headaches can multiply quickly. Your first thought is for the health and safety of your passengers and yourself, but the insurance companies have their client’s bottom line in mind (and their own). The most important thing to remember is that no matter how nice, supportive, or caring an insurance adjuster seems, they are not your ally. Important Thoughts to Remember Naturally, focusing on healing after your accident is your number one focus. Let us point out a few thoughts to keep in mind as you begin to deal with insurance companies. Find an Attorney You Trust While you and your loved ones are getting the medical care you need, the insurance companies are working on the case. Since Oklahoma is an at-fault state, meaning the driver responsible for an accident carries the financial liability, insurance…
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Don’t Drink and Drive After the Big Game!
The Super Bowl is this Sunday. That means eating lots of good (unhealthy) food, spending time with friends and family, and most likely drinking a few alcoholic beverages. Let’s focus on the latter. Super Bowl Sunday is one the biggest drinking days of the year besides the day before Thanksgiving and Independence Day. Incidents of drinking under the influence (DUI) spike and law enforcement is on the look for intoxicated drivers with checkpoints across the country. In fact, your chance of getting into an accident involving drinking doubles on Super Bowl Sunday compared to a normal Sunday in January or February. Research shows that men between ages of 21 and 35 account for the highest percentage of drunk drivers. Oddly enough, that is the same demographic that accounts for most of the NFL’s viewership. According to the National Highway Traffic Safety Administration (NHTSA), 43 percent of all U.S. traffic fatalities on Super Bowl Sunday in 2012 were caused by drinking…
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What If It Was Your Daughter?
One of the most common retorts to arguments against retribution in the legal system is that “we,” meaning criminal defense lawyers and often judges, “would feel differently if it was our child.” And, indeed, we would. Who wouldn’t understand why Randall Margraves went for Larry Nassar? Had I been in his position, it’s hard to say that I would have shown his restraint. Touch my child? Like most fathers, or mothers, I would take a bullet for my kids. And I would give one as well. But that doesn’t prove the point. In fact, it demonstrates the opposite. We fully expect, maybe even want, a parent, spouse, sibling, to have a visceral reaction to harm that befalls their loved one. That’s how families survive and protect one another. That’s what love does to a person, and it’s what love should do. The system isn’t about love, as nice a word as that may be. And it’s not about the consequence of harm coming to…
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Bexar County District Attorney’s Office Implements New Cite and Release Program for Marijuana Cases
San Antonio residents and visitors who are found in possession of marijuana by the Bexar County Sheriff’s Office may be eligible for a new “cite and release” program that the Bexar County District’s Office has initiated. The program is currently in its trial phase and currently only working with the Sheriff’s Department. Individuals who are eligible would be entered into a pretrial diversion program and ordered to pay a $250 fine, any restitution, perform eight hours of community service, take a course and provide a urine sample. The stipulations of the program are not entirely clear, however, and there is no indication what would happen to an offender if they fail to complete the pretrial diversion. Other pretrial diversion programs implemented by the Bexar County District Attorney’s Office come with an agreement that if the offender does not finish the program, a guilty plea is entered on their behalf. This program also allows an officer to…
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Gonzalo Ramírez de la Torre, GREGORIO SANTOS Y EL 2021
http://www.lucidez.pe/opinion/dime-con-quien-andas-por-gonzalo-ramirez-de-la-torre/ Los siguientes son algunos párrafos del enlace que comparto: “Pero ¿en verdad sorprende que ‘Vero’ se muestre cercana a Santos? Sin duda ambos ex candidatos tienen cosas en común. No solo comparten el afán por cambiar la constitución (letanía que, en realidad, repiten todos los izquierdistas del Perú), también suelen estar en sintonía en muchos asuntos de la coyuntura nacional. En lo que respecta a cómo ven a Venezuela, Santos es un admirador abierto y Mendoza patalea cada vez que tiene que condenar al régimen de Maduro, pero su actitud deja claro que para ella los atropellos de este gobierno pueden ser fácilmente soslayados.” “En este contexto, la frase “dime con quién andas y te diré quién eres”, adquiere un peso especial y en el caso de…
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NY4: Pinging cell phone was harmless error even if a warrant was required
The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading →
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What Happens if I Get Arrested in Greenwich Connecticut for Shoplifting?
Shoplifting is also called larceny in Connecticut, and can be charged as a misdemeanor or felony. Greenwich Avenue stores such as Sachs, LF, Splendid, Richards, and Sephora will always press charges against suspected shoplifters. The seriousness of a Greenwich shoplifting and larceny arrest depends on the value of the property that is stolen. Your Greenwich shoplifting arrest report and mug shot will be posted on the internet, and Google, including the Greenwich Time, so talk to a top Greenwich Connecticut shoplifting lawyer who can get your arrest taken offline, asap! All Greenwich Connecticut shoplifting arrests are heard in Stamford Superior Court, located at 123 Hoyt Street in Stamford. Can I Go to Jail for a Greenwich Connecticut Shoplifting Arrest? Yes, especially if you are a repeat larceny offender. An arrest for shoplifting in Greenwich Connecticut is more formally known as an arrest for Larceny. As any of the best Greenwich Connecticut criminal defense attorneys can…
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NY2: Former evicted tenants back on premises were trespassers and hand no REP
The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 … Continue reading →
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Interview: Father/victim of soon-to-be-executed inmate pleas for son's life
Thomas Whitaker is scheduled for execution later this month for orchestrating an attack on his family in 2003 in which his mother and brother died and his father was injured. His father, Richard "Kent" Whitaker, is waging a campaign to convince the Board of Pardons and Paroles and Governor Greg Abbott to commute his sentence to life. The Washington Post yesterday published a feature on the story.On the latest episode of our Reasonably Suspicious podcast, my co-host Mandy Marzullo spoke with Kent Whitaker about his son's case and his longshot campaign to secure mercy in the form of a gubernatorial commutation. Give it a listen:Find a transcript of this conversation below the jump.Interview: Mandy Marzullo interviews Kent Whitaker, father of Thomas Whitaker who's scheduled for execution on February 22nd.Scott Henson: Thomas Bartlett Whitaker, known as "Bart" to his family, is scheduled for execution in February for his role in arranging an attack on…
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President Trump and FBI Director disagree on Nunes memo
Transcript Amara: Well, CNN legal analyst and constitutional attorney, Page Pate, joining us now, here in studio, to break this all down for us. A lot to talk about. Let’s… read more → The post President Trump and FBI Director disagree on Nunes memo appeared first on Pate & Johnson Law Firm.
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What You Need to Know About the New California Marijuana Laws
On January 1, 2018, California officially became the eighth state to legalize cannabis for recreational use—a move that USA Today predicts will cause an economic “gold rush” in the state worth up to $5.1 billion in its first year. While you shouldn’t expect the Los Angeles smog in general to suddenly take on a familiar pungent smell, don’t be surprised to see a few more “superstores” popping up on your way to work. You may also need to be a bit more wary of other drivers on the roadways, as law enforcement officials have expressed concerns about the possibility of more accidents caused by impaired drivers. (More on that point in a moment.) That all being said, if you plan to take advantage of legalized pot, you should understand that the new California marijuana laws don’t add up to a free-for-all for partakers and enthusiasts. Let’s look at some of the more important caveats you should keep in mind. There’s a Limit to…
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REACTION TO THE FISA MEMO
[Photo from wikipedia]Have you read the FISA memo, which reportedly exposes alarming bias and abuses of authorityby a few top leaders in both the FBI and DOJ? What is your reaction?As reported, the memo reveals that former FBI Director James Comey and others in his agencyand top leaders at DOJ utilized and politicized our nation's spying tools to spy on an opposition political party and an incoming president in an election year. How frightening that is!As a former federal prosecutor, I reviewed countless search warrant and Title III applications. I would never have participated in deceptions as described in this memo. Also, I never saw any of the fine FBI agents I worked with pull a stunt like this! And I am shocked and appalled to learn that, in this case, a few misguided lawyers and agents, in an election year, would apply for a FISA warrant utilizing the dirty dossier, when they reportedly knew it was bogus, and also without disclosing to the FISA court that the…
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Another good review of growing movement to eliminate past convictions with modern marijuana reforms
This Washington Post piece, headlined "Cities, states work to clear marijuana convictions, calling it a states' rights issue," provides another useful account of the ever-growing movement to undue past marijuana convictions in conjunction with modern marijuana reforms. Here are excerpts: When California voters passed a measure in 2016 that legalized...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/rxIezF-BYcY" height="1" width="1" alt=""/>
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BAIL HEARINGS IN FELONY STRANGULATION CASES – SEVEN MEDICAL-PHYSIOLOGICAL FACTS EVERY JUDGE AND ATTORNEY SHOULD KNOW
I write this post out of a sense of urgent concern. I recently observed an absolutely dismal bail hearing in a FELONY strangulation case presided over by a clueless judge and an uninformed prosecutor. (I will not mention the name of the county, judge or prosecutor). After the defense attorney made an impassioned “no bail” argument that was filled with blatant misstatements of medical fact it became quite obvious that the judge and prosecutor were painfully ignorant regarding the insidious nature of strangulation. Bail was set at an outrageously low dollar amount and the victim and her family were visibly and justifiably upset. (The victim looked terrified). The purpose for re-submitting this training update (originally published in 2014) is to hopefully educate the bench and prosecution of critically important facts that must be considered in every felony strangulation bail hearing. I will go so far as to say that any judge or prosecutor not familiar with the…
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Entry-level TDCJ wage hikes exacerbate TJJD staffing problems
At the Dallas News, Lauren McGaughy has a story that reaches to the heart of problems at the Texas Juvenile Justice Department, even if it's an aspect of the crisis state officials have been loathe to address: Low pay and poor working conditions, exacerbated by siting youth prisons in rural areas with limited labor pools, contribute to a nearly unmanageable situation where up to 40 percent of staff turn over every year.Now, Texas adult prisons have increased starting pay to stave off their own high turnover rates, and the result is that juvenile facilities are no longer competitive. There's already a lot of migration back and forth between adult and juvenile facilities, but this change ensures that migration will flow only in one direction.This is not a problem one fixes by firing managers, much less watchdogs. It requires ponying up money, which the Legislature has been unwilling to do. Indeed, if new spending is required either way, IMO it'd be better to follow…
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