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Examining thoughtfully modern trend to prosecute overdose deaths as homicides


Interesting accounting of clemency's continued decline in New Mexico

"Could medical marijuana help fight opioid abuse? It’s complicated"

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The title of this post is the thoughtful headline of this article from Illinois thoughtfully discussing the issues surrounding the relationship between opioid use and marijuana access. Here are excerpts: Tom Utley says medical marijuana allowed him to reduce his use of prescription painkillers by 98 percent over the past...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/EO-18ODIBsw" height="1" width="1" alt=""/>

Northern California Pain Management Doctors Agree To Pay $260,000 To Settle Civil Claims Following DEA Inspection Regarding Adequacy of Controlled Substances Records

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Drug Enforcement Administration (DEA) inspections can have significant financial repercussions if the logs and records of controlled substances are not properly maintained. A recent case illustrates how this happens and is a reminder for practices and pharmacies to be sure their business is compliant in this regard.  In January 2014, the DEA inspected the controlled substance ordering and dispensing records relating to Pain Medicine Consultants, Inc., a medical practice which had offices in multiple Bay Area locations (Novato, Pleasant Hill, and Pleasanton). The government alleged that the DEA inspection uncovered multiple violations of the Controlled Substances Act, 21 U.S.C. § 801 by the practice and the physicians in the group who have the DEA registrations. The government specifically alleged that between January 10, 2012, through January 17, 2014, the medical practice and the physicians failed to:(1) keep and maintain adequate…

Remember

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Tomorrow, Memorial Day, let us all take a moment to remember those who made the ultimate sacrifice in defense of freedom.

Youngblood is Not Guilty

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I would goes as far to say innocent...I recognize that Monica Youngblood's political career may never recover, but mark my words she will be found innocent of this crime if she goes to trial.  She may take a plea, sure, to avoid the embarrassment of a public hearing, but trust me, if this goes to trial she will be found not guilty, and there's reason to believe it may be thrown out before then.I don't see a good investigation, I see a passive-aggressive investigation. A quick, already decided investigation.  An outcome oriented investigation. A bad, unfair investigation.I support our AG because overall I believe he has been fair, so although I believe he will have harsh words for Youngblood for some words and phrases she used that night, I do not believe he will find anything else.A good criminal defense lawyer is going to leave this case is tatters.Shredded to pieces.Dead on arrival.And Paul Kennedy is as good as they come when he goes on attack mode.…

What is a Plea Bargain, and Why is Your Los Angeles Criminal Defense Attorney So Crucial?

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Let’s start with the basics first; what is a plea bargain? A plea bargain is an offer made by prosecutors in a criminal defense case. The offer purports to be less than what a person who has been charged might get if they were to proceed to jury trial. Prosecution offers a possibly more generous sentence in exchange for a person to enter a plea of guilty without proceeding to trial. Each party benefits, the person being charged does not have to take a gamble in the possible sentence, and the prosecutors get a guilty plea without expending too much of the court’s resources and closing a case. The prosecutor’s offer, or plea bargain, is not always a bad idea. Sometimes it is a good decision, and one that would ultimately be in the person’s best interest. However, to properly assess whether a plea bargain is in your best interest, it is highly recommended that you consult with a Los Angeles Criminal Defense attorney before entering any type of plea. To be…

An (encouraging?) update on the state of federal criminal justice reform in US Senate


Memorial Day 2018

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In contrast to those who call themselves “survivors” for having endured the trauma of sad feelings, Memorial Day honors those who did not survive. They couldn’t be fixed by Play-Doh or a comfort gerbil. They gave their lives. it’s been my tradition to offer a Memorial Day post over the years, and there’s no reason to break the tradition today. In a town known as Oyster Bay, Long Island, they hold a parade on Memorial Day. It’s old school, marching bands and little league teams. And a few old cars with vets and prom queens waving at the crowd while the local men’s club hands out little American flags and lollipops to the kids. It’s quite charming if there’s still room in your dark heart for American tradition. Every year, I drove the 1964 Healey BJ8 to the parade with my son in the navigator’s seat. As we watched the parade, he saw some classic cars and had an epiphany. “Dad, we should be in the parade!” I…

D.Minn.: Merely saying that defendant “will offer evidence” to support his allegations at a Franks hearing isn’t an offer of proof

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Merely saying that defendant “will offer evidence” to support his allegations at a Franks hearing isn’t an offer of proof. “Stating an intent to offer evidence in the future does not satisfy McMillan’s immediate burden to justify the need for … Continue reading →

What is the difference between arraignment and preliminary arraignment in Philadelphia?

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What is an arraignment? Criminal Defense Lawyer Zak Goldstein A common question we receive as criminal defense lawyers is “What happens at arraignment?” In general, the answer is not much. However, there are two types of arraignments when a defendant is charged with a felony case in Philadelphia, so it is important to understand the difference between the two types.What happens at the Preliminary Arraignment? The first type of arraignment that occurs after a defendant has been charged with a crime in Philadelphia is the preliminary arraignment. The preliminary arraignment takes place in the basement of the Criminal Justice Center. Once the defendant has been arrested, the defendant will typically be held at the police station for 10-20 hours while they are processed by the police. During that 10-20 hour period, the police will prepare…

Broward Law Enforcement Leads State in Red Flag Law Gun Seizures

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Under Florida’s controversial new “red flag” law, passed after the deadly shooting at a Parkland High School, law enforcement agencies in Broward lead the state in arrests for violations. The Red Flag gun law was passed March 5th, designed to allow local law enforcement agencies to seize weapons from individuals who suffer from emotional or mental health issues or those who display certain problem behaviors that indicate posing a direct danger to others. Florida is one of just a few states to pass such a law, and many have been critical of it as a knee-jerk reaction. From the standpoint of a criminal defense lawyer, the concern is individuals who have committed no crimes may be targeted by law enforcement in a manner that not only infringes upon their Second Amendment rights, but could make them vulnerable to arrest – not only for this, but potentially other unrelated charges. Throughout this process, our goal is to ensure our client’s Fourth…

Girl, 5 Dies in Georgia School Bus Crash

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Fatal school bus crashes are rare but buses wreck frequently. However, a recent crash in Georgia claimed the life of a five-year-old girl. Charges were reported to be pending against a school bus driver after a 5-year-old girl was killed and 22 other people on the bus were injured in southern Georgia. Officials said a school bus crashed into a tree. The reason why the bus left the road was unclear. The bus was on its morning route in Liberty County, five miles away from Glennville, when it crashed around 7 a.m. reported Fox News. The GSP noted charges were pending against the school bus driver after the crash last December. No other vehicles were involved when the bus veered off the road near Fort Stewart 50 miles southwest of Savannah. Girl dies in Georgia school bus crash Graphic pictures of the crash showed the front of the school bus mangled. GPS said the impact with the tree caused the bus roof to cave in the students. All the children on the bus were taken to a local…

Your Desk, By The Window

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“I am in.”  This is what my niece Meg says as she forces open a window on the first-floor and crawls into the building.  She comes around to the front door to let the rest of us in. ... Read More

Breaking News – Florida’s Ban on Smoking Cannabis is Ruled Unconstitutional

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After a closely watched one day trial last week, Judge Karen Gievers issued a 22 page Order and Final Judgment.  Judge Gievers found that the legislation which implemented Amendment 2 (medical marijuana) is unconstitutional because it conflicts with the language of the constitutional amendment itself. Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that are protected in the [Florida] Constitution, and so the statutory prohibition against the use of smokeable marijuana permitted by [a] qualifying patient is declared invalid and unenforceable. Qualifying patients have the right to use the form of medical marijuana for [the] treatment of their debilitating medical condition as recommended by their certified physicians, including the use of smokable marijuana in private places. The Judge largely adopted the arguments put forth by Plaintiffs’ counsel who had argued that the the medical marijuana definition approved by Florida voters in…

Bee and the Breakfast Club/W105

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Every morning on W105.  Great show.  Love the give and take.  Hope Bee had a wonderful vacation.Don't agree with everything, but that is the beauty of America.Bee and I probably are the only ones in New Mexico who spent all of our younger days in Louisiana watching the Charlie Mac show, wearing our LSU jerseys, putting bacon on a string to catch crawdads, watching one hour fishing shows taking place on Toledo Bend, and knowing every word to every song and joke on Hee-Haw.Him Morgan City, me Alexandria. Peanut shells on the floor of the restaurants before it was cool, and Justin Wilson.You should listen in to the best morning show in New Mexico where different ideas and viewpoints thrive.

NYTimes: F.B.I.’s Urgent Request: Reboot Your Router to Stop Russia-Linked Malware

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NYTimes: F.B.I.’s Urgent Request: Reboot Your Router to Stop Russia-Linked Malware By Louis Lucero II: Hoping to thwart a sophisticated malware system linked to Russia that has infected hundreds of thousands of internet routers, the F.B.I. has made an urgent … Continue reading →

"Cell Phones and 'Excessive Contact': The Contradictory Imperatives Facing California’s Parole-Eligible Lifers"

Gerard Dole

Austin

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Will get HQ2 from Amazon.Will create 50,000 jobs.
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