This is one of my favorite quotes:
“You do not merely want to be considered just the best of the best. You want to be considered the only ones who do what you do.”
~Jerry Garcia (lead guitar for The Grateful Dead)
Obsession
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New York Sealing Bill Update: No Action on Senate Bill 5385-2013
It could be your niece or nephew. Or even your son or daughter. It might even have been you, many years ago. Good people make dumb mistakes, especially when they’re young. Maybe a neighbor’s mailbox is intentionally damaged. Maybe an item is stolen from a high-end department store. Maybe a small quantity of marijuana is... Read More »
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Second Circuit finds (lengthy?) insider trading sentences reasonable
As reported in this Bloomberg News report, "Zvi Goffer, a former Galleon Group LLC trader, failed to win a reduction of his 10-year prison sentence for passing illegal tips and recruiting members for an insider-trading scheme." Here is more about...
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Is There a Difference in NJ Between DWI and DUI. If So, What Is It?
There is no difference in New Jersey between DWI and DUI. Our DWI statute is entitled Driving while intoxicated. The first sentence of the statute makes it illegal to operate a motor vehicle ‘while under the influence’. Therefore, both terms are used interchangeably in New Jersey. If you have been arrested anywhere in New Jersey [...]
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Drug Test Field Kits Used by Texas Law Enforcement May Be Yielding False Positives and Wrongful Convictions
A recent report titled "False Positives Equal False Justice" shows that the majority of marijuana field test kits used by law enforcement officers in the U.S. produce unacceptably high rates of false positives. This report, jointly released by former FBI chief scientist and narcotics officer Dr. Frederic Whitehurst and writer and forensic drug expert John Kelly, shows findings from a two-year joint legal and scientific investigation. While focusing on the most widely-used testing kit, the NIK NarcoPouch 908/Duquenois-Levine Reagent test kit, the study found that both the NIK and a majority of other testing kit brands used by law enforcement as a basis for arrest and prosecution had high rates of faulty results. This is of particular concern because the company that produces the kit has written that: "The results of a single test may or may not yield a valid result...There is no existing chemical reagent test, adaptable to field use that will continually eliminate the occurrence of an occasional invalid test results. A complete forensic laboratory would be required to qualitatively identify an unknown suspect substance."
The consequences of a false positive on a law enforcement or probation-related drug testing kit are dire. Lengthy jail sentences, felon status, a suspended drivers license, ineligibility for government loans and an undeserved social stigma are all severe consequences to citizens.
Across the country, Kelly's report is being backed by law enforcement officials, business owners and, especially, the victims of faulty drug testing kits. One business owner who has seen the risks of false positives firsthand is David Bronner, president of the popular organic soap line Dr. Bronner's Magic Soaps. In 2007, the results of a NarcoPouch 928 field drug test were used to jail Don Bolles--drummer for the legendary punk-rock band the Germs--on charges of possession of the illegal drug GHB. Fortunately, Mr. Bolles fought back, contending that the alleged GHB was in fact nothing but Dr. Bronner's castile soap. David Bronner and his company became involved, and both Dr. Bronner's Magic Soaps and Mr. Bolles were exonerated shortly thereafter when a crime lab confirmed that the "GHB" was, in fact, soap. Chocolate, natural soap, newspaper and other household items have all tested positive for marijuana and other drugs using law enforcement field drug test kits, yet these testing procedures continue to be used in arrests and prosecutions nationwide. It is imperative that law enforcement enact a moratorium on the use of faulty testing kits and create the necessary oversight and control of drug testing to protect our basic freedoms and civil liberties.
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Will legal documents hold up if they are missing information?
Free legal answers from attorneys - I recently received a summons from the Peoples Attorney, a firm, not court. This summons was missing a government stamp
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Term's final criminal law/procedure cert grants
Issue summaries from ScotusBlog, which also links to papers, for these cases granted on Thursday: White v. Woodall: (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court's failure to provide a no...
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28-year-old Ypsilanti Man to Head to Trial Following Accusations He Shot at Cars on U.S. 23
In February of this year, 28-year-old Elmore Ray was arraigned on several charges after being accused of firing a sawed-off shotgun at cars on U.S. 23. According to a news article at Annarbor.com, Ray wore an expression of disbelief as the charges were read, saying that "I didn't assault anybody, I was just . . . " before being cut off by Magistrate Elisha Fink, who informed Ray he didn't have to say anything.
Ray was charged with four counts of assault with intent to murder, four counts of assault with intent to commit great bodily harm, possession of a firearm in commission of a felony, possession of a short-barreled shotgun, and carrying a weapon with unlawful intent.
Last week, Ray's case was bound over to the Washtenaw County Trial Court after it was determined by a district court judge that there was sufficient reason to believe that Ray committed a crime. Witnesses said that Ray is the individual they saw shooting at several vehicles on February 27 near Michigan Avenue south of Ann Arbor on U.S. 23. While there were no injuries reported and no vehicles were hit during the gunfire, Ray was arrested at gunpoint by Pittsfield Township police as he was walking from the area. Police Deputy Chief Gordy Schick said that witnesses also reported that Ray was dressed all in black and wearing a black trench coat.
The defendant's competency was questioned by his court-appointed defense lawyer, however he was found competent to stand trial on June 18.
Ray's pretrial court date has been scheduled for August 1st; he is currently incarcerated at the Washtenaw County Jail.
Michigan assault with intent to commit murder attorneys understand the consequences individuals face if convicted of this serious criminal offense. In fact, someone who is found guilty of assault with intent to commit murder may face any number of years in state prison, up to life.
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16-year-old Grand Rapid Teen Faces Potential Life in Prison for Rape and Robbery of College Student
On Monday July 1, 16-year-old Felipe Lopez-Velasquez pleaded guilty in Kent County Circuit Court to raping and robbing a 21-year-old Grand Valley State University student in September of 2012. Another individual, 14-year-old Marco Vazquez, was also involved in the incident according to a news article at Mlive.com.
The alleged rape and robbery took place near John Ball Park as the alleged victim exited a bus. Lopez-Velasquez and Vazquez raped approached the woman as she got off the bus, then proceeded to rape her before stealing her backpack. The two were quickly apprehended by Grand Rapids police. The older of the two suspects told a detective that the original intention was to rob the victim, but the situation escalated.
Lopez-Velasquez was initially lodged in the juvenile detention center but moved to the Kent County Jail while he awaited his September 2012 probable cause hearing. He is charged as an adult in the case, and has had several prior run-ins with the law since the age of 12 according to news articles.
Vazquez was also charged with first-degree criminal sexual conduct and unarmed robbery, however he was charged as a juvenile and will be incarcerated at a facility for young offenders until the age of 19.
Lopez-Velasquez is scheduled to be sentenced on August 15, and could face life in prison.
Michigan sex crime lawyers understand the seriousness of these types of crimes; however, it is also important to note that teens who are 14 and 16 years old are typically not fully developed or mature on a mental or psychological level, and seldom realize the potential consequences of their actions. While rape is certainly an egregious crime, it is also extremely unfortunate to see a 16-year-old spend his entire life behind bars.
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Hudson County DWI News: Bayonne Fire Department Captain Suspended after Multiple DWI-related Collisions
Not long ago we addressed the pitfalls and potentially life-changing consequences for professional drivers who are facing a possible conviction for drunken driving. As many readers will recall, my law firm understands how the threat of losing one's commercial driver's license (CDL) due to a drinking and driving charge can be more than overwhelming. Losing one's ability to make a living due a suspended or revoked CDL can have an economic impact on an individual and his families far beyond that of the average office worker.
As New Jersey DWI defense lawyers, I and my legal team know that any loss of driving privileges can be disrupting to one's daily life. It is understandable that anyone who uses a motor vehicle to get to and from work would be highly inconvenienced by a license suspension due to DWI, but generally that suspension would not affect most individuals' livelihood in the way that a similar suspension would a affect a professional driver.
Semi tractor-trailer drivers, cabbies, delivery truck operators and tradesmen rely on their ability to use a company vehicle to directly generate an income. But here in the Garden State, when a person is convicted of a drunk driving offense, the possible loss of private driver's license has a direct effect on that person's CDL. And, we might add, when it comes to the rules and regulations surrounding possession of a CDL, federal law has much a lower limit on what is considered drunk driving.
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The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Iran Freedom and Counter Proliferation Act-related SDN updates; Burma Designations”
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) on July 2, 2013 released the following: “OFFICE OF FOREIGN ASSETS CONTROL Specially Designated Nationals List Update To assist foreign financial institutions (FFIs) in identifying which persons on the OFAC Specially Designated Nationals and Blocked Persons (SDN) list fall into the category of […]![]()
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Almanac - July 2
From the New York Times and Associated Press, On This Day: 1976 The Supreme Court ruled the death penalty was not inherently cruel or unusual. That would be Gregg v. Georgia. You can learn more on the case from Oyez.org....
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Federal Wire Fraud Crimes – 18 U.S.C. § 1343
Title 18 of the United States Code Section 1343 (18 U.S.C. § 1343) (2013) states the following: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of […]![]()
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arstechnia.com: Cops shouldn’t have easy access to 220+ days of cell location data, lawyers say
arstechnia.com: Cops shouldn’t have easy access to 220+ days of cell location data, lawyers say by Cyrus Farivar:
[...] Read more!
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Overturned Trailer Causes Traffic Delay
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 7-2-2013 10:00am
Please direct questions to the District Office
At this time, the Idaho State Police is investigating a one vehicle crash involving a truck and overturned trailer northbound interstate 15 at the 80 mile marker near Ft Hall. The right lane is partially blocked and traffic is moving slow. More information will be provided when it becomes available.
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"China threatens death penalty for serious polluters"
The title of this post is the headline of this notable Reuters article from a few weeks ago that I just came across. Here is how it gets started: Chinese authorities have given courts the powers to hand down the...
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Blakely Sentencing Guidance Does Not Apply Retroactively, Florida High Court Rules – State v. Johnson
The U.S. Supreme Court has issued a series of rulings in recent years on sentencing law. Cases like Apprendi v. New Jersey and Blakely v. Washington are wins for defendants, permitting people already in prison to petition for sentence reductions where appropriate. One case like this is the Florida Supreme Court’s recent ruling in State v. Johnson. Sirron Johnson was convicted of armed kidnapping, armed robbery and armed sexual battery. He was sentenced to 48 years in prison, with that sentence becoming final in 2000 and reiterated on re-sentencing. This was a substantial upward departure from the sentencing range of 9.6 to 16 years. In this case, Johnson petitioned under Blakely for a new sentence, but the Florida Supreme Court ruled the decision cannot apply retroactively.
Johnson’s crimes took place in 1995, but his sentence became final in October of 2000, a few months after the U.S. Supreme Court issued Apprendi. That case prohibited judges from increasing sentences based on any fact that was not decided by a jury or admitted to in a plea agreement. Shortly after his conviction, Johnson petitioned for re-sentencing, arguing that the upward departure in his sentence exceeded the statutory maximum as defined by Apprendi. The trial court re-sentenced him to 40 years on two of the counts and 48 years on the armed robbery count, still a vast upward departure. In 2004, the Supreme Court issued Blakely, which held that for the purposes of applying Apprendi, state sentencing guidelines are the “statutory maximum.” Johnson again petitioned for re-sentencing.
The trial court denied Johnson’s motion, but the First District Court of Appeal reversed, finding Blakely applies retroactively to any case re-sentenced after Apprendi. The Florida Supreme Court ultimately reversed again. As a rule, Supreme Court cases apply to any case that is not yet final or pending on direct review. Blakely was not a clarification of Apprendi, as the appeals court said; the Florida Supreme Court said Blakely made new law on its own. Though making new law is one part of the test for retroactivity, the high court said, Blakely was not fundamentally significant enough to require retroactivity. Violation of the new rule is often held harmless, the court noted, and courts have relied extensively on the old rule, which weighs against making the new one retroactive. In addition, applying it retroactively would change the administration of justice, the court said, another factor against making it retroactive. Thus, it quashed the appeals court and restored the denial of Johnson’s motion.
I must agree with the Florida Supreme Court that applying Blakely retroactively would change the administration of justice—but that’s not necessarily a bad thing. If the U.S. Supreme Court has ruled that routine sentencing decisions deny defendants the right to a jury trial, it seems to me that justice requires correcting these routine sentencing decisions. The difference between 16 years in prison and 48 years in prison is not small, as my clients who are facing serious criminal charges, and their families, can confirm. If 32 of those years are the result of an illegal sentence, I believe that the defendant should have a chance to make his case.
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MA - Budget amendment puts Level 2 sex offenders on public database
Original Article
07/03/2013
By Katie Lannan
BOSTON - The names and addresses of Level 2 sex offenders would be added to a public online database under a legislative measure its supporters say gives parents the tools they need to protect their children.
Currently, only Level 3 offenders, those determined to be at the highest risk of re-offending, are part of the public Massachusetts Sex Offender Registry.
"We're allowing citizens to empower themselves, and that's really what this...
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Registered Sex Offender Charged After Attempting to Lure Children at Park; Detained by Boys' Parents
Chad Eric Servis, a 42-year-old Wyoming resident, was recently charged with two counts of accosting children for immoral purposes as a repeat offender after allegedly attempting to get three boys who were under the age of 16 to go with him to a secluded area of Ideal Park. The boys were playing basketball on a court near the park when the incident took place.
According to a news article at Mlive.com, the boys did not go with Servis, but went and told their parents about Servis. At that point, the parents along with other family members went back to the park and located Servis, then detained the suspect until police arrived on the scene.
Wyoming police said that Servis had items in his possession which were sex related, including handcuffs, lubricant, a blindfold and other items. If convicted, Servis could spend up to 10 years in prison. Wyoming Police Officer Jonathan Durall said that the suspect admitted that he was sexually attracted to young boys.
The incident occurred on June 29 at approximately 7 p.m. Servis was arraigned on Monday July 1 in Wyoming District Court, and is being held on a $100,000 bond in the Kent County Jail. A probable cause hearing has been scheduled for July 10.
Michigan sex crime attorneys know that in situations such as this one, the suspect will likely face more severe penalties than usual because of the fact he is a repeat sexual offender. Sex offenses are punished severely in the state of Michigan, particularly those involving minors. However, in cases where there is no hard physical evidence, it can also be a case of one person's word against another, which means many innocent people sit behind bars today for crimes they did not commit.
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Real Estate Agent Immediately Remanded to Serve Time for Fraud
Celia Gallardo, 42, North Hills, California, a real estate agent and self-described real estate investor, was sentenced to five years in federal prison and remanded into custody for her offenses, which included ripping off real estate investors. The defendant was sentenced in the fraud case by United States District Court Judge Dean D. Pregerson. During [...]
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