You can typically sense an oncoming work zone. Traffic slows, orange signs are everywhere, and the loud noise. Work zones are a part of driving, but they also can pose a threat to unsuspecting drivers. When it comes to motorcyclists? The threat can increase tenfold. Think about it, work zones typically feature chaotic traffic, impatient drivers, people dodging in and out of lanes, and frequent stops. Navigating this on four wheels is hard enough, but two? Work Zones and Motorcycle Accidents At any rate, work zones require us to drive at slower speeds and adjust to new traffic patterns. On one hand, if cars cooperate and drive safe, everything is fine. On the other hand, if cars drive unsafely, it can end in a serious accident. When construction is taking place on the road or on the shoulder, there are signs in place to alert drivers. For riders, there is a lot more to focus on and, overall, distracted drivers and riders cause an increase in accidents. Take…
Work Zones and Motorcycle Accidents
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Migai on Facilitating Tax Evasion
Clement Migai (Vienna University of Economics and Business - Institute for Austrian and International Tax Law) has posted UK Criminal Finances Act 2017: The Interplay between the New Corporate Offence for the Failure to Prevent the Criminal Facilitation of Tax...
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Wednesday Open Thread: In the News
Tomorrow will be a remembrance day for the media. The second half of April is one of the worst in history. April 19th is the anniversary of the WACO siege and the Oklahoma City bombing. On April 15, the Boston Marathon bombing occurred. April... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Police Unlawfully Search Person at Florida House Where Marijuana Was to be Delivered
People ship drugs to other parts of the country. They do it using the US Postal Service and Federal Express and UPS and any other delivery service. They do it by shipping to a location where nobody lives expecting someone on the other end to pick it up as soon as the package arrives. Other times, they ship it to a known address but address the package to a fake name so the person who receives it can claim ignorance if the police find out. And there are other methods people use to send illegal drugs to other people. The police catch many of these packages. Many of these packages have similar appearances and methods of shipment. Law enforcement also use drug dogs at the shipping facilities to smell packages (particularly those from states where marijuana is now legal). When they find a package that contains illegal drugs, they will attempt a controlled delivery which often consists of a police officer pretending to be a deliveryman and delivering the package to…
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Can I Be Forced to Testify as a Witness?
If you have witnessed a crime, or if you have information the court deems important in a trial, you may have questions about when and if the court may force you to testify. In this article, we review who, what, when, and in what circumstances individuals may be forced to testify, the associated laws, when you may be able to get out of testifying, and potential penalties for failing to testify. Are you concerned about testifying as witness to a crime?Contact Houston defense attorney Brett Podolsky for help >> Can I Be Forced to Testify? If a case goes to trial, attorneys may need to call certain witnesses to testify in court. Rule 701 of the Texas Rules of Evidence says that, in that event, the court will seek to receive any admissible testimony from lay witnesses (i.e., not expert witnesses) who will offer their rationally-based perception(s) regarding the determination of facts in the case. Attorneys in a criminal trial have the right to call witnesses during a…
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Kerr on Computer Crime Law
Orin S. Kerr (University of Southern California Gould School of Law) has posted Computer Crime Law (Introduction) ((4th Ed. 2018), West Academic Publishing, ISBN: 978-1-63459-899-6) on SSRN. Here is the abstract: The book covers every aspect of crime in the...
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Are You Eligible for Deferred Adjudication in Texas?
If you or someone you love has questions about deferred adjudication eligibility in Texas, this post explains who is eligible for deferred adjudication, what it is, and how it works. A pervasive myth about deferred adjudication is that, by successfully... The post Are You Eligible for Deferred Adjudication in Texas? appeared first on The Law Office of Greg Tsioros.
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Domestic Violence and the Dangers of Gaslighting
You and your boyfriend are having a heated argument with a close male friend you have. Your boyfriend claims that your friend likes you in an intimate manner and demands that you stop talking to him immediately. This frowned upon friendship dates back to your college years and you don’t want to break up such a long friendship over something you find to be a rather dumb argument. But, you love your boyfriend and don’t want to lose him. After some time to think, you agree to end the friendship. It was the most difficult thing you ever had to do. Weeks later, your boyfriend asks how your former friend is. When you tell him that you stopped talking to that friend per his request, your boyfriend says, “What? I never told you to do that. You’re crazy!” Your heart skips a beat… Does this situation sound familiar? If so, then you might be the victim of an emotionally abusive relationship. The scenario above is known as gaslighting. According to the…
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Writing a Character Reference Letter for Court
A character reference letter for court should address the points the accused’s attorney wants to emphasize, such as the defendant’s positive work history or positive steps he or she has taken to achieve important goals. The most common reason to request that others write character reference letters is to mitigate sentencing in a criminal case.… Read more about Writing a Character Reference Letter for Court The post Writing a Character Reference Letter for Court appeared first on The Law Office of Matthew D. Sharp.
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Freddie Joe Lawrence and Paul Jenkins Released After Convictions Overturned in Montana
Yesterday, Freddie Joe Lawrence and Paul Jenkins were freed after serving 23 years in prison for a murder they did not commit. On Friday, April 13th, District Judge Kathy Seeley overturned Lawrence’s and Jenkins’ convictions. In 1995, Lawrence and Jenkins were convicted of the 1994 murder of Donna Meagher. Meagher was kidnapped from a casino in Montana City and killed west of Helena. In 2018, DNA testing was completed on numerous items collected from the crime scene, including a rope with Meagher’s blood on it. DNA found on the rope was inputted into the state DNA database and matched David Wayne Nelson’s profile. Nelson is currently serving life in prison for two other murders. Nelson’s nephew, Fred Nelson, had previously told law enforcement that his uncle had told him a story strikingly similar to the facts surrounding Meagher’s murder, including that two men had been convicted instead of him. The state verified that Fred Nelson had…
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Revoked Bail or Bond in Utah
Posting bail or bond is not a one way ticket out of jail as there are issues that may arise causing bail or bond to be revoked and the defendant being brought back into custody prior to any court proceedings. Posting bail When someone is arrested in Utah, they are often given the option to […]
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"Why Public Defenders Matter More Than Ever in a Time of Reform"
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Dog Sniff Delay Of 20 Minutes is Too Much - Drug Case Tossed
Dog Sniff Delay Of 20 Minutes is Too Much Dog Sniff Delayed in FloridaDoggie delayed is Justice denied?This guy was driving on I-75 in Alachua County near Gainesville Florida home of the Florida Gators. The cop claimed he had cut off a truck, perform a traffic stop, and then called for a drug dog. This case has the shortest delay I have ever seen in any drug dog case since the Supreme Court ruled recently. Rodriguez v. United States, 135 S. Ct. 1609 (2015).The delay was at most 20 minutes. This court essentially ruled that any delay without a reasonable suspicion was unconstitutional. Doggie delayed is Justice denied?One commentator summarized, "Trial court erred in denying motion to suppress drugs found after dog alerted to presence of narcotics in vehicle where traffic stop was delayed in order to perform dog sniff and there was no basis in record to conclude that reasonable suspicion existed to justify prolonging the stop . . . ." Florida Law…
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State v. Fincher: No Foundation Required for DRE Testimony
The court of appeals held yesterday in State v. Fincher, ___ N.C. App. ___, ___ S.E.2d ____ (2018), that the trial court did not abuse its discretion when it permitted a drug recognition expert to testify in a DWI trial that the defendant was under the influence of a central nervous system depressant. The defendant argued that the State failed to lay a sufficient foundation to establish the reliability of the drug recognition examination, but the court determined that no such foundation was required as the General Assembly had legislatively sanctioned the admission of this type of evidence under Rule 702(a1)(2). Facts. The defendant in Fincher was having a really terrible day (seriously, read the opinion) before she rear-ended a car in a restaurant drive-thru. The officers who responded to the accident noticed that Fincher’s eyes were red and glassy and her speech was slurred. She told them that she was prescribed several different types of medication and had taken Xanax…
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While Montgomery County, MD, Fights to Provide Legal Aid to Immigrants, the DOJ Seeks to Remove It
Montgomery County is one of Maryland’s most diverse and populous jurisdictions, where on average three out of ten residents were not born in the United States. Council members are currently debating whether to implement a controversial proposal that would allocate nearly $400,000 from the county’s general fund to a non-profit that provides legal funds to immigrants in detention. The program would only be made available to Montgomery County residents who are facing deportation, have a household income well below the poverty line, and have not been convicted of any major crimes. Despite these limitations, as well as the county’s significant percentage of immigrants, council members are already expecting objections to the proposed plan. Hans Riemer, the Montgomery County Council President, defended the proposal by pointing out that “‘the federal government is targeting our residents and our communities’”, and emphasizing the need to…
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Surprising Facts About Crime in the U.S. (and Boston)
If you base your knowledge of crime on what is presented by the media, and the Trump administration, it would be easy to assume that U.S. crime is at an all-time high. However, quite the opposite is true. Here are some surprising facts about current crime rates, nationwide. Drop in Violent Crimes The rate of violent crime has dropped dramatically over the past 25 years, following its peak in the early 1990s. According to the FBI’s annual crime report and a Bureau of Justice Statistics (BJS) survey of more than 90,000 U.S. households, violent crime has fallen between 48 and 74 percent since 1993. That being said, the FBI did report a 20 percent rise in the murder rate between 2014 and 2016. Even so, overall violent crime is the lowest its been in decades, across the nation. Drop in Property Crimes Property crimes—which include burglary and motor vehicle theft—have also seen a significant decrease in recent years. Similar to the drop in violent crime, property…
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Another Booker, this one in Florida, prevails on a notable Sixth Amendment Blakely claim
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Vicente Benavides To Be Freed After 25 Years on California’s Death Row
Vicente Benavides, 68, spent nearly 25 years on California’s death row for the 1991 sexual assault and murder of 21-month-old Consuelo Verdugo before the California Supreme Court overturned his conviction on March 12, 2018. Related: Report: Death Penalty Sees Continued Decline in 2017 On Tuesday, the Kern County District Attorney’s office announced it would be dropping all charges against Benavides: “Our professional and ethical standards require us to decline to re-try the case when, upon an objective review of the facts, there is insufficient evidence to establish guilt beyond a reasonable doubt.” The Supreme Court’s decision to overturn Benavides’ conviction was based on false medical testimony introduced at trial. In its decision, the court concluded that Verdugo had never been sexually assaulted and may actually have died from being hit by a car. At trial, a forensic pathologist testified that Verdugo had died as a result of anal…
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Will Michael Cohen Go The Way Of Sammy “The Bull”
Cohen, 51, has one supporter, Anthony Scaramucci. When Katy Tur asked “The Mooch” if there were any change Cohen would wind up flipping, Scaramucci said, “No. Michael is an extremely faithful person.” Very few of Trump’s supporters feel assured Cohen will respect “omerta.” In a conversation with Trump on Friday, Jay Goldberg, another of Trump’s attorneys, told the President, “Michael won’t stay by you if he’s accused by the government.” Trump doesn’t have anything to fret about, right? Unless. Except if Trump perpetrated a felony which Cohen knew of. In a rambling conversation with The Wall Street Journal, Goldberg spelled out his anxieties about the disastrous result it would have if Cohen cooperated. “The mob was fractured by Sammy “The Bull” Gravano when he flipped on Gotti to get out of a prison sentence.” In describing the situation, many insiders are using Mafia…
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A MURDER IN YARMOUTH: TIME TO TARGET THE MASSACHUSETTS JUDGES? (Pt 1 of 2)
Last Friday, we ended the week with the tragic story of a slain police officer. He was murdered in the line of duty. His alleged killer was a man with a criminal record “as long as your arm”. Maybe longer. The murder took place in Yarmouth. The officer was the late Yarmouth Police Officer Sean Gannon. The gent with the record is accused of killing Officer Gannon is Thomas Latanowich (hereinafter, the “Defendant”). And now, not wasting a moment, the expected call for the quickie solution to a complicated problem has begun. In short, “blame the judges!” We have been here before, looking at this same situation. Only the details have changed alittle. This time, the victim was a very well thought of police officer and his police dog, No gunfight here, folks, to open the door to accusing the officer of abuse of his authority. The K-9 officer was simply serving an arrest warrant, The issue is clear here, folks. A man with a very long record of…
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