Reviewing the potential import and impact of Prez Trump's talk of prison reform
↧
↧
Teen is Arrested for Alleged Snapchat Threat to Texas School
Threats to schools on social media are taken extremely seriously in Texas. At the end of last month, a 14-year-old was arrested in Pearland near Houston for an alleged Snapchat threat made against a school. Police officers visited a home in the area after a parent claimed her children received disturbing messages via the popular social media site, reported KHOU. The messages allegedly contained a threat to Berry Miller Junior High School. They were sent by a 14-year-old suspect the kids knew. The Pearland Police Department stated in a news release: “Officers conducted an investigation which resulted in charges being accepted by the Brazoria County DA’s Office against a 14-year-old male student for Terroristic Threat. The juvenile student was taken into custody and transported to the Brazoria County Juvenile Detention Facility.” Police said the threat indicated that students should not go to Berry Miller Junior High School the next day, alluding to the fact the…
↧
MASSACHUSETTS STUDENTS ARE ARRESTED FOR ASSAULT AFTER THE SUPERBOWL
Well, it’s the day after. This morning, I was curious as to the reaction by my fellow Bostonians (and environs) to the loss of the New England Patriots. I was a bit surprised to hear on Radio 1030 that, while Boston’s Finest were out in droves…ready for trouble…the mood was quiet…if a bit dismal. Not much action. Not so, apparently, throughout the Commonwealth. For example, the Boston Herald tells us that six people were arrested and several others injured when mayhem erupted. Fists were flying and folks were falling on the campus of University of Massachusetts Amherst after the New England Patriots lost the Super Bowl to the Philadelphia Eagles, 41-33. The medical calls included head injuries, cuts and drunkenness, according to UMass. The school announced this morning that approximately 2,000 people gathered on the Southwest residential plaza after the game ended at 10:17 p.m. Fights began breaking out “and the crowd threw objects…
↧
Social Media and New Jersey Law
Facebook, Twitter, Snapchat, LinkedIn, YouTube, or Instagram; we all use them. Social media is a part of the fabric of most people’s lives in some way, shape, or form. However, things (like embarrassing pictures) are sometimes posted about you that you might not want your employer to see because it could have negative connotations towards your employment. Are you aware of certain social media guidelines that are in place that govern New Jersey employees and their privacy? If you are not, you should be. In 2013, the Garden State joined multiple states by passing a bill that bars employers from requiring current or prospective employees to divulge their account usernames or passwords. For the sake of explanation, the bill ultimately bars employers from accessing employees’ personal social media accounts. This law applies to all New Jersey employers, no matter the size of the business. The only employers who do not qualify for this law’s protections are county…
↧
Cato: The Fourth Amendment Still Applies Online
Cato: The Fourth Amendment Still Applies Online by Ilya Shapiro and Aaron Barnes: The Fourth Amendment guards against unreasonable searches and seizures by requiring (with limited exceptions) that government agents first obtain a warrant before they go snooping around or … Continue reading →
↧
↧
Minnesota Revenge Porn – Laws and Penalties
Minnesota was a little late to the party, but we became the 33rd state in the nation to criminalize what’s commonly referred to as “revenge porn.” Since our law went into effect in August of 2016, five other states have added revenge porn laws to the books, and it seems likely the other 12 will get on board sooner rather than later. But what exactly is revenge porn, and how is it penalized in Minnesota? We explain in this blog. Minnesota’s Revenge Porn Law Minnesota’s revenge porn law is actually on the books as the Nonconsensual Dissemination of Private Sexual Images law. As the law states, it is illegal for anyone to intentionally disseminate a private sexual image of another person. Additionally, the law does not require the person disseminating the photo to actually know that the other person did not consent to the dissemination. As long as the person sharing the photo could reasonably believe that the subject of the photo would not want the…
↧
Noticing that some politicians are finally noticing that marijuana reform could be winning political issue
Long-time readers know I have often posted articles and commentaries suggesting that politicians would be wise to see the potential to attract younger and independent voters by showing interest in marijuana reform. This new Politico article suggest some folks running for Congress are finally getting this message. The full headline...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9AoMN2OBbuI" height="1" width="1" alt=""/>
↧
How Can A Criminal Defense Attorney Help Get A Low Bond?
We often get calls from frantic family members asking how we can help if their loved one was just arrested. There are several ways a criminal defense lawyer can help. For example, the criminal defense attorney can challenge whether there is probable cause in the case. But the biggest area that affects you is when a criminal defense attorney can help get a lower bond on the case. First Appearance Court can often be a cattle call. Each person who has been arrested is only given a few short minutes to plead for a low bond to the judge. Oftentimes, the judge has already reviewed all of the police reports and has decided on a bond before you ever get before the judge. But an experienced criminal defense attorney can utilize beneficial factors to often change a judges mind. Here’s how: What will happen when my loved one goes before the judge? Here in Duval county, there are two First Appearance court sessions everyday. One…
↧
Gupta-Kagan on The School-to-Prison Pipeline
Josh Gupta-Kagan (University of South Carolina School of Law) has posted The School-to-Prison Pipeline's Legal Architecture: Lessons from the Spring Valley Incident and Its Aftermath (45 Fordham Urban Law Journal 83 (2017)) on SSRN. Here is the abstract: This Article...
↧
↧
When is Social Media Harassment a Crime?
Harassment, which occurs when a person intentionally annoys, threatens or provokes another person – or causes them to feel emotional distress – can take many forms. Workplace sexual harassment, for example, may include everything from making inappropriate jokes of a sexual nature in the presence of a co-worker to outright sexual assault. Whether or not harassment is a crime, however, depends on multiple factors. More serious types of harassment, such as stalking and hate crimes, are generally considered to be criminal in nature. But what about social media harassment? Harassment doesn’t always occur in the physical realm. In fact, more and more often, people are using the anonymity of the internet to wreak havoc on their victims. From making online threats to cyberbullying, online harassment via email and social media networks has become disturbingly common. As with all types of harassment, however, the punishment – or lack thereof – depends more…
↧
Legal IntBeware: Texts and Wearable Data Must Be Preserved, Too
Legal IntBeware: Texts and Wearable Data Must Be Preserved, Too by Joseph Francoeur, Michelle Vizzi and Sade A. Forte: Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. … Continue reading →
↧
Illegal Possession of a Dangerous Weapon in Massachusetts
At a Massachusetts juvenile crime trial, a teenager was adjudicated delinquent for assault and illegal possession of a dangerous weapon at school. He claimed on appeal that there wasn’t enough evidence for the judge to adjudicate delinquency on the dangerous weapon charge, among other things. The teenager was in high school. A teacher saw he’d taped pins to his fingers, and some were on his backpack. They were safety pins without hooks and with jagged edges. When the teacher asked what was on his fingers, he answered he was Edward Scissorhands. He gave her the pins at her request. Under MGL c. 269 section 10(j), you can be convicted for carrying a firearm or other dangerous weapon on your person in school. The teenager argued that there wasn’t enough evidence that the pins should be considered a dangerous weapon. The law includes as dangerous weapons objects that are made and designed to cause great bodily injury or death or to assault or defend. In this case,…
↧
Adrenaline Can Hide Injuries After a Car Accident
Being involved in a car crash is one of the most stressful things a person can experience. It can happen in the blink of an eye. In the moments after a car crash a driver may think, “Am I injured? Is anyone else injured? What should I do now?” After a car accident, it is important that everyone involved check themselves for injuries. Car accident injuries can result in broken bones, concussions, neck and back injuries, and damage to soft tissue. Many individuals who get into car accidents quickly determine that they have not been injured, however, it may be hard to know this for sure in the moments following an accident. Car crashes are extremely very dangerous and may lead to disability, reoccurring pain, and even death. Between 20 and 50 million Americans suffer injuries in car accidents annuallyr, resulting in over 1 million days under hospital care due to these accidents. “Fight or Flight” Hormones Masks Pain If you have ever been in a car…
↧
↧
Five Bad Weather Driving Tips in Atlanta
Snow is not a regular event in Georgia. When a winter storm arrives in the state it can be devastating because local authorities are ill-prepared for bad weather and drivers are not accustomed to it. Here are five bad weather driving tips to help you if a snowstorm hits or the mercury drops. 1 Beware of Black Ice During snowy weather, drivers may pay lots of attention to the snow but fail to realize there’s a layer of ice under it. Even in the absence of snow, black ice can form on roads. It’s particularly dangerous because you can’t see it. If the temperatures fall below freezing and there has been recent rain, you should always look out for black ice. The ice is most likely to occur on bridges and overpasses which freeze before other road surfaces. You should also watch out for ice if you are walking on pavements. A melting and freezing pattern may reoccur during cold days. You may think the ice has gone but it reappears in the evening or the morning as you…
↧
10 Signs You Should Invest in a DUI Lawyer
You’ve been out enjoying a few drinks and realize it’s time to head home. These are the 10 signs you should invest in a DUI lawyer: You have a few drinks to many, but decide to drive yourself home. On your way home you’re pulled over, and to your surprise the officer tells you that you were swerving or speeding. The officer asks you to step out of the vehicle and perform some field sobriety test. You fail the various test administered to you and are subsequently arrested for DUI. After being processed and released, you head home. A few days have passed and you finally get your court papers in the mail and they are informing you of your court date. As your court date nears, you become nervous because you either know you are guilty of or falsely charged with driving under the influence. You also know that you are not familiar with the court system and will not be able to navigate the system in a way that will minimize your consequences. …
↧
Run with Team Innocence Project at the 2018 TCS NYC Marathon
The TCS New York City Marathon is the world’s biggest and most popular marathon. Be a part of this premiere event and run with the Innocence Project to raise awareness about wrongful convictions and funds to help free the innocent! On Sunday, November 4, 2018, the Innocence Project will participate once again as a TCS NYC Marathon charity partner and we invite you to join Team Innocence Project. Each member of the team commits to raising a required minimum of $3,500 by race day and receives: guaranteed entry into the 2018 TCS NYC Marathon an Innocence Project race jersey a personal fundraising page on Crowdrise fundraising tips and support from Innocence Project staff opportunities to run and train with fellow team members The team application can be found here. Please note, runners are responsible for their own registration fees – $255 for NYRR members, $295 for non-members and $358 for non-U.S. residents. If you already have an entry…
↧
The Bottom Line on Infidelity as a Reason for Divorce
Surely you’ve heard that hell hath no fury like a woman scorned. Lest you think otherwise, the same is easily true for male victims of infidelity. Statically, adultery seems to be on the rise. However, it is by no means the leading cause of divorce. More than likely, technology has contributed to the increase in cheating spouses. A woman does a quick social media search and finds her old high school boyfriend. At first, it’s a matter of curiosity. The two start chatting and decide to meet up to reminisce about old times. You can guess where the story goes from there. Before they know it, the high school sweethearts become secret lovers. In fact, it may be their decision to divorce their respective spouses. A professional salesperson travels around the country for business. Since he visits the same customers routinely, he often stays in the same hotel. As a married man, it’s never occurred to the salesman to even flirt with another woman. However, he does have…
↧
↧
Look out California – Driving High Could Get You a DUI
With the legalization of recreational marijuana in California police officer want you to know that if you drive high you can get a DUI. But there is no per se limit or chemical threshold like the .08 blood alcohol level, for driving after consuming marijuana. DUI prosecutions for driving under the influence of cannabis are based on police officer observations of driving and of the driver. NHTSA, the National Highway Traffic Safety Administration reported to Congress in July 2017 that setting THC levels for driving “is not meaningful.” THC, Tetrahydrocannabinol, is the psychoactive component in marijuana. Not having a THC threshold limit can make marijuana DUI difficult to prosecute. A drinking and driving conviction for a first offense in Marin County or elsewhere in the San Francisco Bay Area can result in punishment including probation, fines, a DUI school and up to 6 months in jail under the California Vehicle Code.…
↧
Interference with SCFO attorneys demands investigation
Grits had earlier discussed the new report from a state bar committee critical of the State Counsel for Offenders, the Texas Department of Criminal Justice division charged with providing legal services to Texas prison inmates. (See coverage from the Texas Observer and KWTX.) So I wanted to pull out a segment from our most recent Reasonably Suspicious podcast discussing the topic in more detail:Allegations by attorneys in the report that TDCJ interfered to prevent deployment of particular legal strategies should be investigated by the state bar or perhaps a legislative oversight committee, at a minimum. Indeed, if that's going on - and it sounds like it's happening writ large in the civil-commitment division - then it's time to question, as my co-host Mandy Marzullo suggested during the segment, whether the SCFO is structured in a way that allows for the ethical handling of defense cases. That shouldn't be happening.
↧
Driving on Neutral Area Between Ramp and Highway Lane is a Violation of Washington Law
Washington criminal defense attorneys know that the validity of a traffic stop can have a significant effect on a resulting criminal case. A finding that the traffic stop was improper can result in the exclusion of evidence found during the stop. One defendant sought to have evidence suppressed due to a stop she argued was improper in a recent case. The defendant was pulled over after a trooper saw her vehicle cross over the “neutral area” between the entrance ramp and the highway. The “neutral area” is the paved triangular space between the ramp and the lane of the highway. The neutral area was marked by white lines on both sides. The defendant was arrested for driving on a suspended license and other misdemeanors. The defendant moved to dismiss, arguing she was stopped without cause. The trial court denied her motion. The trial court found the defendant violated RCW 46.61.670 by “driving with wheels off…
↧
More Pages to Explore .....
