Recently, a University of Michigan student reported to police that she was sexually assaulted in the West Quadrangle residence hall at the university. The assault allegedly occurred on January 13 by a man the victim said she had met at an off-campus party.
Police said the suspect walked the victim to her residence at around 1:00 a.m. to 1:30 a.m. on Sunday morning; according to Heritage Newspaper, the man then assaulted the woman at the residence hall in a common area on the lower level.
News reports describe the suspect as an Asian man with short, dark hair who stands about 5' 6" to 5' 8" tall. University of Michigan Police crime alert describes the man as thin built, wearing a white t-shirt, black pants, and a royal blue top over the t-shirt.
The day after the alleged sexual assault, two video clips and a still photo were released by U of M police, showing the suspect as he approached a door to exit the residence hall. He then turned around when the door would not allow him to leave, which placed him facing the security camera. The man then walked away; a second video clip shows the suspect near the same door he attempted to exit, walking down a flight of stairs.
Michigan sex crimes defense attorneys know that there are many individuals sitting behind bars today for crimes they were falsely accused of. While we don't know any of the details regarding what allegedly happened in this case, it is clear that the woman had become acquainted with the man at an off-campus party before returning to the residence hall.
We cannot say what happened in this situation until further evidence is revealed. However, there are many times that young people meet at parties, consume a substantial amount of alcohol, and do things they otherwise would not do, including having sex with those they are not well acquainted with. Individuals can easily be accused of sex crimes even when the alleged victim was a willing participant.
![]()
![]()
![]()
![]()
![]()
Sexual Assault Reported at U of M West Quadrangle; Police Release Video of Suspect
↧
↧
Crackdown on Drug Activity and Violent Crime by ATF and Lansing Police Results in 19 Arrests
Lansing Police and the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) have been jointly investigating drug activity and violent crime in the northwest Lansing area for approximately two years. As a result of the investigation, 19 people have now been arrested and are facing federal drug and firearm charges.
Lansing Police Chief Teresa Szymanski told reporters that she believed the arrested individuals were responsible for most of the violent crimes that have taken place in Lansing over the past two years.
According to Szymanski, the individuals who were arrested had been involved in all kinds of gun and drug activity, and were working together as a "crew." A Fox 47 News report stated that Szymanski explained that the individuals were delivering narcotics, shooting guns at people and things, and using guns as felons.
Four of the individuals involved are facing multiple drug charges according to the U.S. Department of Justice. Gregory Dalton, 23, DeShun Dalton, 21, Merza Mizori, 23, and Serawan Mizori, 22, face charges including possessing crack cocaine and marijuana and conspiring to deliver those drugs, and heroin possession with intent to deliver.
Others involved include Keith Houston, 22, who is charged with receiving a firearm while under indictment for a felony drug offense, and Jerome Houston, who faces for firearm possession as a convicted felon. 26-year-old Brandon Jones was charged as a convicted felon with possessing firearms, which included an SKS rifle. Kevin Henry, 43, and Demanual Porter, 24, will face charges related to drug dealing. The names of other individuals allegedly involved in the crimes have not yet been released.
Mayor Virg Bernero stated that Lansing streets would be safer following the arrests of the 19 individuals, who he said were involved in "all sorts of bad things."
Michigan criminal defense attorneys know that if convicted, many of these individuals will face severe penalties, including substantial prison time. News reports indicate that some will face up to 20 years in prison.
Many of the individuals allegedly involved in these crimes are very young; if convicted, their lives are essentially ruined. Young people often make terrible mistakes, particularly when it comes to drug crimes. However, there are many instances in which individuals who commit these types of crimes deserve a second chance, or rehabilitation rather than punishment.
![]()
![]()
![]()
![]()
![]()
↧
Argument heard by the US Supreme Court on the DUI Case Missouri v. McNeely
Every once in a while a case that affects DUIs comes along that makes it all the way to the US Supreme Court. Welcome to the case of Missouri v. McNeely where oral arguments were heard dealing with this particular issue. So what is this case about you ask
Issue: Whether a law enforcement officer may obtain a non consensual and warrantless blood sample from a drunk driver under the exigent
↧
Euthanasia: Are Children Next?
When British Columbia Justice Lynn Smith declared that the Criminal Code’s provision against assisted suicide was unconstitutional, she reasoned that Parliament could create a system of assisted suicide that would protect the vulnerable and the mentally ill. She gave the federal government twelve months to enact new law. It seems Belgium enacted such a law [...]![]()
↧
Fidelity National Title Settles Lawsuit
Fidelity National Financial, Inc., Jacksonville, Florida, has entered into a settlement in the amount of $873,588 with California district attorneys in an unfair competition lawsuit regarding Fidelity National's Transaction Point real estate software system.
↧
↧
Bennardo on Decoupling Sentencing Guidelines from Statutory Limits
Kevin Bennardo (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Decoupling Federal Offense Guidelines from Statutory Limits on Sentencing on SSRN. Here is the abstract: When incorporating statutorily-mandated minimum and maximum sentences into offense guideline,...
↧
Unofficial Misconduct in Utah
A person may be guilty of unofficial misconduct in Utah when he attempts to perform certain actions or functions of a public office holder and he hasn’t done the following: • Taken and filed a required oath of office • Executed and filed the required bond • Been elected or appointed to a public office [...]
↧
Stanford Victims Set To Receive 1% Of Losses In First Distribution
Nearly three years after the Securities and Exchange Commission filed an emergency enforcement action accusing R. Allen Stanford of masterminding the second-largest Ponzi scheme in history, the Receiver appointed to recover assets for victims has proposed a distribution plan that envisions an initial payout of approximately 1% of victims' approved losses. Ralph Janvey, the court-appointed receiver, filed his Motion for Approval of Interim Distribution Plan (the "Motion") last week, seeking court approval for an initial $55 million payment to victims on a pro rata basis. Based on total claims received thus far of of $5.13 billion, the proposed payout would amount to an initial distribution of approximately 1% of each investor's loss.
In November 2011, Janvey began the process of returning money to victims by seeking court approval of a proposed claims process. While the motion did not elaborate on victims' expected return, a status report filed by Janvey indicated that the Receivership had over $100 million on hand and estimated future asset recoveries could exceed $1 billion. The court approved the proposed claims process in May 2012, and established September 1, 2012 as the deadline by which victims had to submit proof of claim forms detailing their losses.
Janvey and his team received a total of 30,289 claims. Of that amount, nearly one-third were determined to be duplicative, and nearly 400 were submitted past the deadline and thus not eligible for consideration. Of the remaining 20,673 claims, 18,400 came from investors in Stanford's CD's, while the other 2,273 claims represented non-investor claims. Approximately 17,000 investor claims have been approved for a total aggregate claim amount of $4.237 billion, while nearly 1,000 claims remain unresolved due to outstanding requests by Janvey for further documentation or information. In total, investor losses were estimated at $5,131,224,932.65.
Under the proposed plan, the first distribution would go out within 90 days after court approval. Only CD investors would be eligible to receive a distribution, with other claimants such as secured and general creditors precluded from participating. However, before any payments would be sent out, the Receiver is proposing that victims first complete and return a certification as to whether they have applied for or received any compensation for their losses from any sources other than the Receivership. If so, the Receiver intends to reduce payments to those investors to the extent those recoveries exceed any proposed distribution(s). As those certifications are returned, the Receiver proposes to make rolling distributions.
Since its inception, the Stanford receivership has been tasked with the difficult job of sorting through Stanford's international fraud, which included disagreements with foreign regulators concerning jurisdiction over tainted assets, disputes with various creditor groups, and even an investigation by the SEC over Janvey's fees. Janvey also filed over $200 million in clawback lawsuits seeking false profits from those investors fortunate enough to benefit from their investment.
A copy of the Motion is here.
↧
Should I just plead guilty in my DUI case?
No!! Not without having an experienced Washington State or Seattle DUI attorney review your case first. No matter how bad, horrible or hopeless your DUI or Physical Control case appears to be right now - you never know what may...
↧
↧
What are jurors really thinking in a trial?
Well it's been a while, but it took humor to break me out of the blog doldrums I was in. Cheers to humor, we don't get enough of that in this business. Don't get me wrong, criminal lawyers do have a sense of humor. But it's most often kept in the professional circles, much as I imagine paramedics, firefighters, or morticians joke amongst themselves. In professions where things often don't end pleasantly, finding the lighter side of things can make it easier to keep plugging along. What else you gonna do?
So, jury trials and jurors brains... what in the world can go through their minds during such a serious event? Most jurors have never sat through a trial, much less a long complicated one, and it's often their first time seeing a criminal courtroom. The judge and lawyers do their best to captivate them, feeding them Powerpoint and in-car police videos, but they're certainly not taking in everything that comes out of our mouths. We know that's true because Texas allows us to speak to jurors after the trial is over. But one thing is for sure... they may not follow the paths we try to provide them, but they do notice a lot of things that we never intend.
As a result, we remind clients (defendants) that they are being watched by the jury, like a bride at a wedding. I tell them it's like the hot girl at the bar, nobody's looking directly at her, but everybody is watching. No eye rolling, no noserings, etc., and it goes for the lawyers too. I know lawyers with sleeve tattoos, but they cover them with long sleeves in front of the jury. Keep them on point, don't invite them to be distracted. So when I came across this article in Austin's "the Onion" paper, I couldn't help but chuckle because it's real to me, even though it's a parody. Who knows, maybe it's only funny to lawyers, but it got me writing again. Who wants to read serious stuff all the time anyway? Good to be back, enjoy the quick read.
Partially Faded Hand Stamp Undermining Everything Prosecutor Says
↧
Injury Crash US12 at Lenore Rest Area
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L13000060
--------------------- PRESS RELEASE -----------------------------
DATE: January 16,2013 TIME: 2:44 pm LOCATION: WB US12 at 27, west entrance to Lenore Rest Area
ASSISTING AGENCIES:Nez Perce County, Nez Perce Tribal Police, Idaho Fish and Game, Lewiston Fire Department and Big Canyon Fire Department.
VEHICLE #1
-------------
DRIVER Donald D. Adair AGE 88
ADDRESS Orofino, Idaho
INJURIES? - No
HOSPITAL/LOCATION TAKEN ? None
VEHICLE YEAR 1997 VEHICLE MAKE Chrysler VEHICLE MODEL Concorde
WRECKER Orofino Body
SEATBELTS/HELMET WORN? Yes
-------------
VEHICLE #2
-------------
DRIVER Lisa I. Miller AGE 36
ADDRESS Orofino, Idaho
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN ? St. Joseph's Regional Medical Center
VEHICLE YEAR 1996 VEHICLE MAKE Dodge VEHICLE MODEL Stratus
WRECKER Orofino Body
SEATBELTS/HELMET WORN? Yes
PASSENGER(S)
NAME Kelsye L. Praest AGE 23
ADDRESS Orofino
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN ? St. Joseph's Regional Medical Center
SEATBELT? - Yes
NAME Jayden Monaghan AGE 2
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN ? St. Joseph's Regional Medical Center
CHILD SEAT? Yes
INCIDENT NARRATIVE: Adair pulled onto US12 from the Lenore Rest Area attempting to make a left turn. Adair did not yield from the stop sign to Miller who was westbound on US12. Miller was unable to avoid colliding with Adair. Miller and her passengers were able to get out of the vehicle before it became fully engulfed in flames. Miller, Praest and Monaghan were transported to St. Josephs Regional Medical Center for treatment. US12 was intermittently blocked for approximately 2 hours.
DSP INITIALS JAS
↧
Edward Furlong Arrested for Domestic Battery
The kid from the movie Terminator 2 was arrested yesterday for domestic battery in West Hollywood, California. The actors' name is Edward Furlong and he is now 35. Furlong is due in court on January 25, in Beverly Hills Superior Court. Furlong was also arrested back in October for allegedly violating a restraining order. According to information made pubic by the Los Angeles Coutny Sheriff's Department, furlong has at least to misdemeanor cases pending against him.
Furlong's case in October appears to be in court at the "Airport" location on La Cienega Boulevard while his new case appears to be in Beverly Hills. This arrest was made by the West Hollywood Sheriff's Office after the sheriffs responded to a domestic abuse call in the West Hollywood area.
Domestic violence arrests require not only an allegation of a battery, but also a dating, co-habitating or marriage relationship between alleged victim and perpetrator. In Furlong's case his bail was set at $20,000 for the new case and an additional $30,000 for the warrant that was out for his arrest. The warrant is likely for violating probation or failing to perform required tasks in the restraining order case. The good news is that the bail amount of $20,000 in the new case is a good indication that the injuries alleged are very minor.
Bail in California is set by law. A given charge corresponds to a set bail amount. Bail for felony domestic battery is $50,000. Thus, this case is likely to be a misdemeanor prosecution based upon minor injuries.
In California domestic violence is what is know as a wobbler charge. This is to say that it can be charged either as a felony or a misdemeanor. A felony is punishable by more than a year in a state prison or jail or a fine while a misdemeanor is punishable by up to one year in county jail or by a fine.
A conviction for domestic violence under California Penal Codes Section 273.5 or 243 (e) also requires specific terms and conditions when probation is granted. A mandatory period of probation of three years is required, as is a year of weekly domestic violence counseling classes. Certain fines and fees are required and mandatory check-ins in court at least every three months. Finally, there is a ten year ban on owning or possessing a firearm.
If you have questions about this or any other criminal law matter, call me: (818) 783-5700 or email me at:
vallenslaw@yahoo.com or visit my sites:
www.4criminaldefense.com or
www.westlakecriminaldefense.com
↧
IA - Ordinance tightening restrictions on Cedar Rapids landlords moves ahead
Original Article01/16/2013By Rick Smith
Landlords here are getting closer to being required to conduct mandatory criminal background checks of their prospective tenants.
A special City Council committee on Tuesday said they supported an amendment to the city’s rental housing ordinance that would make the background checks mandatory and would position the Police Department to provide landlords with a comprehensive tenant criminal-background check for an estimated fee of $6 for each check.
The full City Council is slated to take up the matter in February, said the committee members — Monica Vernon, Pat Shey and Justin Shields.
Many landlords now check a potential tenant’s criminal background in Iowa for free via the Iowa Courts Online service. Civil cases in Iowa in which a person has been involved also appear using Iowa Courts Online.
However, Vernon said that the new city requirement for a criminal-background check of tenants is likely to require a landlord to do more than a check of Iowa Courts Online.
“I think the bar will be higher than that,” Vernon said after Tuesday’s meeting.
Some landlords, she added, already use a background-checking service for a cost that provides criminal data from more than 30 states.
Police Capt. Steve O’Konek said the Cedar Rapids Police Department’s criminal checks would consist of a check of data from all 50 states, as well information on outstanding arrest warrants and from sex-offender and terrorist watch lists. Each check would be completed within 24 to 48 hours of the request, O’Konek added.
Such checks can only be so comprehensive because O’Konek said that some jurisdictions across the country do not make their criminal data available for checking, one of which is Chicago and Cook County, Ill., where Chicago is located.
A lack of information easily available from Chicago is of note because Cedar Rapids has become an attractive spot in recent years for new residents and visitors from the Chicago area.
At Tuesday’s meeting, Shey and Vernon both suggested that a landlord would be able to require that a prospective tenant obtain his or her own criminal background check from Chicago authorities before a Cedar Rapids landlord had to rent to them because of the lack of availability of such information through the Cedar Rapids Police Department.
The City Hall attempt to toughen the city’s rental housing code is designed to improve housing and neighborhoods and make the city less friendly to criminals, city officials have said.
An earlier city attempt failed when landlords objected to certain provisions and succeeded in court in 2011 in getting them set aside.
City officials on Tuesday made it clear that requiring background checks does not mean that a landlord can’t rent to a tenant who has had prior criminal problems. Landlords should be allowed to give tenants second chances, Vernon said.
However, landlords who don’t conduct background checks or who rent to criminals and then are found to have nuisance properties might have their ability to rent properties in Cedar Rapids taken away, the committee members said.Read the entire article here© 2006-2013 | Sex Offender Issues
↧
↧
PA - Phillipsburg abolishes pedophile-free zone
Original ArticleWe are so sick and tired of people inserting "pedophile" into their news articles. A majority of ex-sex offenders are not pedophiles, by definition or diagnosis by an expert.01/15/2013By Douglas B. Brill
Phillipsburg Town Council tonight eliminated a law that restricted where sex offenders could live.
Phillipsburg enacted the pedophile-free zone amid a flurry of municipalities approving similar laws that often made almost entire communities inaccessible to sex offenders.
But Phillipsburg wasn’t enforcing the law because state courts found it unconstitutional, Mayor Harry Wyant Jr. said after the council voted unanimously to abolish it.
“Everyone felt we should have the control to do that, but we don’t,” Wyant said tonight.
Phillipsburg’s law barred convicted sex offenders from living within 1,000 feet of a school or 2,500 feet of parks, playgrounds and recreation centers.
But about a week after it passed in 2005, a similar law was challenged in Cape May County. A former teacher who spent a year in prison for having sex with a 16-year-old female student wanted to move with his wife and kids to Lower Township and claimed a pedophile-free zone put 90 percent of the township off-limits to him.
A state judge ultimately tossed out Lower Township’s ban.
At least 10 communities in Warren and Hunterdon counties were among at least 80 in New Jersey with pedophile-free zones on the books as of 2007. But many of them said after the Cape May County ruling that the zones wouldn’t be enforced.
More recently, the state legislature took up a bill that would make smaller pedophile-free zones.
At least 12 Pennsylvania communities including Upper Mount Bethel Township adopted pedophile-free zones, but police rarely report that they’re being enforced.
Easton Councilman Ken Brown abandoned a 2008 proposal that would have made most of the city off limits to sex offenders. He said at the time that he wanted to protect children but realized the law couldn’t punish someone legitimately trying to re-enter society.© 2006-2013 | Sex Offender Issues
↧
Gang Enhancements
In the 1980s, there was an explosion of gang related crimes in California. In 1988 the California Legislature responded by enacting the California Street Terrorism Enforcement and Prevention Act, also known as the gang enhancements law. For anyone convicted of a felony, if the prosecution is also able to prove ...The post Gang Enhancements appeared first on Law Office of Domenic J. Lombardo.
No related posts.
↧
OK - Sex offender law changes may be coming
Original Article01/15/2013By Joleen ChaneyOKLAHOMA CITY – A stunning change involving sex offender laws could be making its way to Oklahoma.
“I think it can open up an opportunity but being in prison around other sex offenders, if they want to reoffend, they’re going to find a way,” sex offender [name withheld] said. “If a person want [sic] to do something, they’re going to find it, if it’s the daycare down the street or church or a kid walking home from school.”- But the issue is, most ex-sex offenders do not re-offend, that is a fact.[name withheld] is a registered sex offender.
It is labeled on his driver’s license, on his criminal record and on every aspect of his life.
“It was statutory sex with a minor,” [name withheld] said.
He claims he did not know the girl was underage but a judge decided otherwise.[name withheld] went to prison and as a stipulation of his eight-year probation, he was told to stay off the computer.
“No social media at all. No Facebook, MySpace at the time,” he said. “Actually I wasn’t allowed to use any internet access while I was on probation.”
However, a new California law could eventually ease the rules for some Oklahoma sex offenders.
It allows them to go online but requires them to disclose their internet activities and identities.
An Okla. attorney said California’s new law won’t fly.
“The California law that was approved by 81 percent of the voters is unconstitutional,” attorney David Slane said. “You cannot require people to disclose who they are before they are able to talk on the internet.”
Slane said you can’t take away a person’s First Amendment rights, even online.
But he said he believes other states are going to do the same thing.
Slane said he is ready to fight the law if and when it gets to Okla.
As for [name withheld] who is fighting to get his name off the sex offender registry, he said he believes the law may be fitting for predators who use the internet to prey on victims, he agrees with the fight against it. © 2006-2013 | Sex Offender Issues
↧
Judge Joan Campbell’s Legacy
Two views of recently retired judge Joan Campbell: The Houston Chronicle’s view, from Brian Rogers. The criminal-defense bar’s view, from Robb Fickman. I say, “the criminal-defense bar’s view,” but of course there is more than one view represented in Harris County’s criminal-defense bar. Some criminal-defense lawyers—at least one of whom aspires to be the next president-elect [...]
↧
↧
TX - Proposed law would force sex offenders to list crimes on social media profiles
Original Article01/16/2013By James MuñozSAN ANTONIO -- Texas Voices, a group dedicated to supporting registered sex offenders and their families, estimates 111 new names hit the sex offenders registry every week in the Lone Star State.
"We've already put their names and their faces and all of their information on the public registry for the world to see," said Mary Sue Molnar, who serves as president of Texas Voices.
The group is speaking out against House Bill 23 (PDF). The proposed law would require registered sex offenders to post their crimes on social networking profiles or face a criminal penalty.
"There's a misconception that social media is a meet-and-greet and hook-up place. That is certainly not true," Molnar said. "Not everyone on the public registry is a predator. As a matter of fact, very few would be considered predators."
Texas Voices opposes the idea and said outing registered sex offenders is not always the answer.
"We've got to remember that almost all registrants have wives, families (and) children, so we're looking at, in a lot of cases, children (who) can be harmed because dad's information is out there just a little too much," Molnar said.
Similar social networking bans have been struck down in a few other states. © 2006-2013 | Sex Offender Issues
↧
PUSHIN AND SHOVIN
The rumour mill was in full swing Wednesday and our email in box was overflowing with information about a lawyer and a police officer who squared off in front of mild mannered Judge Louise Krieger-Martin. The bailiff intervened as the squabbling parties were ushered into the hallway where the officer made mention of calling the Florida Bar while the attorney continually taunted the cop to hit him. The affray ended without fisticuffs. Reminder: the memorial for Jim Best is tonight at "The Hole In The Wall" at 14421 South Dixie Highway, starting around 6pm. On Wednesday Judge Thomas sentenced Michele Traverso to 364 followed by two years house arrest for hit and run death of cyclist Aaron Cohen. Ramon dela Cabada for the defense. The state was seeking six years in prison. Should those who commit traffic crimes, even those resulting in a tragic death- absent aggravating factors like impairment-be punished with six years in prison? We mean, the word "accident" is part of the actus reus. Trivia: Which president asked congress for a complete ban on the manufacture of assault rifles? President Ronald Wilson Reagan did. So much for the NRA's second amendment hero. Trivia: This is a hard one. Which very very high ranking Obama Administration official's father had a middle name which was the last name of a long time REGJB Judge. See You In Court. Site Feed
↧
Diebstahl: Apple-Produkt vom Microsoft Campus gestohlen
Die amerikanische Polizei ermittelt wegen eines Diebstahls auf dem Microsoft Campus in Mountain View. Über die Feiertage soll ein Unbekannter aus dem Hauptquartier des Softwareriesen Hardware gestohlen haben. Obwohl das gesamte Gebäude voller hochwertiger Microsoft Produkte war, konzentrierte sich der Dieb ausschließlich auf Konkurrenzprodukte. So meldet Microsoft insgesamt drei iPads vom Konkurrenten Apple als . . . → Read More: Diebstahl: Apple-Produkt vom Microsoft Campus gestohlenÄhnliche Beiträge:Raub: Apple-Store in Paris überfallenUnbekannter klaut teures Bild aus einer New Yorker GalerieRaub: Mysteriöser Überfall auf Abofallen-InkassofirmaDiebstahl im FlugzeugDiebstahl: Mitarbeiter soll Waffe aus dem Rathaus gestohlen…
↧
More Pages to Explore .....
