An anonymous call to the St. Augustine police Saturday morning led to the arrest of two people on drug possession. Police claim they responded to a parking lot on South Dixie Highway and found three people sitting in a car. The people in the car allegedly consented to a search and police say they found drug paraphernalia and a substance that field tested positive for crystal meth. Two people, a man and a woman, were arrested on drug possession charges. With the use of methamphetamine on the rise through the past decade, many states have enacted strict laws in an effort to decrease its production, and Florida is certainly no exception. Because of Florida’s strict drug laws, police can be particular overzealous in their arrests. Possessing even a small amount of crystal meth can lead to a felony charge that carries the very real possibility for jail time, significant fines, and a permanent stain on your record that can be a nuisance in the future in regards to education,…
Anonymous Complaint Results in 2 Arrested for Crystal Meth in St. Augustine
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Can Sitting All Day Lead to a Workers’ Compensation Claim?
Day after day, you spend hours sitting behind a desk looking at your computer. While you love your job, spending all that time sitting at your desk can take a toll. When the workday comes to an end, you are finally relieved that you can stand up and stretch. But as you do, you begin groaning because of the discomfort associated with intense back pain. Does this sound like you? If so, you aren’t alone. 31 million people across the United States experience back pain at some point every day. In fact, 80 percent of people experience lower back pain in their lifetime. If you think your back pain is associated with sitting all day, can you file a workers’ compensation claim? Let us explain. The cause of your back pain might be difficult to determine. Because of this, the pain you are experiencing might be hard to blame on your job. You will need the help of an experienced workers’ compensation attorney to prove that the cause of your back pain is related to sitting…
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Collins v. Virginia: Supreme Court Directs Traffic at the Intersection of the Automobile Exception and Searches of the Home
An officer sees a motorcycle that he has probable cause to believe is stolen parked in the suspect’s driveway. The motorcycle is partially covered by a tarpaulin. May the officer lawfully walk into the driveway without the permission of the suspect or any other resident and lift the tarp to read the license plate and VIN number on the motorcycle? No, he may not. The United States Supreme Court held yesterday in Collins v. Virginia, 584 U.S. ___ (2018) that such a search violates the Fourth Amendment. More facts. Two officers working alone on two separate occasions attempted to stop the driver of a distinctive orange and black motorcycle for traffic violations. On both occasions, the driver eluded the officers. The officers conferred, investigated and determined that the motorcycle was likely stolen and in the possession of Ryan Collins. They found photographs on Collins’ Facebook profile of an orange and black motorcycle parked at the top of a…
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Weinstein Won’t Exercise Right to Testify Before Manhattan Grand Jury: Is Lack of Access to Information or Other Grounds Real Reason for Refusal to Testify
According to a statement released by Harvey Weinstein’s counsel and widely reported throughout the media, the former producer, and arguably the most visible catalyst of the #Metoo movement, will not testify before a Manhattan Grand Jury where he will likely be charged with numerous violent felony offenses. According to Weinstein’s attorney, the accused mogul will not testify because prosecutors “unfairly denied [Weinstein] access to critical information about this case that [he][] needed to defend him[self] before the grand jury[][.] Mr. Weinstein’s attorneys decided that there was not sufficient time to properly prepare Mr. Weinstein.” Weinstein’s statement further read that due to “[n]ot having access to these materials is particularly troubling in this case, where one of the unsupported allegations is more than 14 years old and the Rape allegation involves a woman with whom Mr. Weinstein shared a 10-year consensual…
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First DUI in California – What to Expect
Facing your first DUI charge is a daunting prospect. It helps to know what to expect from the process, easing your mind while preparing you for what’s to come. Learn how the DUI process works in California and how an attorney can help you through this trying time. Laws Surrounding California DUIs In California, you... The post First DUI in California – What to Expect appeared first on Law Offices of Graham D. Donath, APC.
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Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage”
Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage” by Orin Kerr: A familiar idea “easily understood from our daily experience” — or is it? The Supreme Court handed down Collins v. Virginia today, ruling 8-1 that … Continue reading →
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#MeToo among Texas women prison guards
Go read Keri Blakinger's new Houston Chronicle story on the topic.Keri writes that, "female officers also have to contend with harassment from coworkers, masturbating inmates and fear of retaliation if they complain, according to lawsuits, state records and interviews." Here are the crux of the allegations:“You think it’s the inmates you have to worry about,” said one former employee, who asked not to be identified, “but it’s actually the people you work with.” Some women told the Chronicle of enduring lewd comments or inappropriate contact from co-workers. One female employee said she and other women guards picked jobs working around inmates to avoid having contact with the men who supervised them. The latest allegations come after the department reached a $250,000 settlement last year in a lawsuit accusing a male lieutenant of raping an officer he supervised — a claim reminiscent of former assistant director…
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Coccia on Violent Crime and Income Inequality
Mario Coccia (National Research Council of Italy (CNR)) has posted Violent Crime Driven by Income Inequality between Countries (Turkish Economic Review, vol. 5, n. 1, pp. 33-55, 2018. DOI: 10.1453/ter.v5i1.1576) on SSRN. Here is the abstract: The literature has suggested...
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Limits on PJCs
Judges can continue prayer for judgment in any case. Except when they can’t. In North Carolina, when a defendant is convicted, either after a trial or by guilty plea, the court is generally viewed as having the authority to continue prayer for judgment in the case. A prayer for judgment continued (PJC) can serve different purposes. It can be a mere continuance of sentencing in the case, allowing the court to obtain additional information about the defendant before entering judgment. It can take on the character of a suspended sentence, with the PJC set to continue “from term to term” for some specified period on condition of the defendant’s good behavior, with the understanding that the State will pray judgment and the court will sentence the defendant in response to any reported misconduct. Often, however, it is everyone’s understanding that a PJC will be the last thing that happens in a case—an exercise of judicial mercy that will leave the…
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Expunging lawsuit results
I was sent a letter asking for me to pay for an alleged copyright infringement. I am tempted to hire a lawyer and fight it, but I am worried about the public records that will be created during a lawsuit. As far as I understand, the lawsuit will be public information no matter if I win or lose and I don’t want my company’s name dragged through the mud since a copyright infringement case against us could damage our reputation. What I want to know is if there is some way to expunge those lawsuit public records after the lawsuit is finished? I saw a higbee associates copyright post that showed a settlement of almost $50k for just one photo being infringed. If the demand amount they are currently asking me for is low, could it increase that much if I take it to court? If they are actually able to increase the demand amount after it goes to court than I might just have to cut my losses and pay the demand amount. Any help would be appreciated. Also, I have removed the…
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Understanding the Weinstein indictment and the next steps in the case
Understanding the Weinstein indictment and the next steps According to numerous reports, Harvey Weinstein has been indicted on charges of Rape in the First Degree, Rape in the Third Degree, and Criminal Sexual Act in the First and Third Degrees. The first-degree charges are Class B violent felonies, meaning that they are punishable by a minimum of 5 years and a maximum of 25 years in prison. Rape in the First Degree (Penal Law Section 130.35) applies to cases in which defendants allegedly use forcible compulsion (physical force or the threat of physical force or harm) to engage in non-consensual vaginal intercourse. Criminal Sexual Act in the First Degree (Penal Law Section 130.50) applies to cases in which the defendants have allegedly used forcible compulsion to non-consensually penetrate mouths or anuses with their penises. (Thus, the distinction between “Rape” and “Criminal Sexual Act” under New York criminal law is the orifice being penetrated.) The…
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Consequences of Driving Under the Influence in California
California has relatively strict punishments for those caught driving under the influence (DUI). In the state of California, anyone who is suspected of driving under the influence of drugs or alcohol will automatically have his or her license suspended, a process called admin per se suspension, which is conducted by the California Department of Motor Vehicles (DMV). In addition to automatic license suspension, California poses serious penalties on those who are convicted of DUI. The penalties get more strict with the increasing number of convictions. If you have been charged with a DUI, it is important for you to understand the penalties that a DUI charge carries. Basic Penalties In the state of California, all DUI convictions carry certain base penalties. These base penalties include: Admin per se license suspension; Court fees; Jail time; DUI educational programs; The potential that you must install an ignition interlock device; and The potential for…
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Federal criminal charges under 18 USC 2423 (illegal sex and travel)
18 USC Section 2423 Federal criminal law prohibits a wide range of activities relating to transporting people and/or traveling across state lines or internationally for the purpose of engaging in illegal sexual activity. Specifically, 18 U.S.C. § 2423 prohibits four types of activities and carries very severe penalties. First, 18 U.S.C. § 2423 makes it a felony punishable by a minimum of 10 years in prison (and by as much as life in prison) to “knowingly transport[] an individual who has not attained the age of 18 years in interstate or foreign commerce… with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” This provision obviously applies to those engaging in the human trafficking of underage prostitutes, and also potentially applies to an adult who drives or attempts to drive a minor across state lines so that he or she can have sex with that minor in another…
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Lichtenberg on Problems with Life Without Parole Sentences
Judith Lichtenberg (Georgetown University) has posted Against Life Without Parole (Forthcoming in Washington University Jurisprudence Review) on SSRN. Here is the abstract: Over 40,000 people in the United States today are serving life without parole sentences (LWOP) — more than...
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Rapper Faces Domestic Violence Charges
On this episode of Justice, One Client at a Time, we take a look at Fabolous, a rapper who was arrested on domestic violence charges. Short URL: https://cleg.al/2LdoMca
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Illinois Motorcycle Fatalities Rising Despite Decrease in Crashes
The Illinois Department of Transportation is reporting an unusual trend in regards to motorcycle accidents. The number of crashes involving motorcycles has decreased by nearly 1,000 since 2004, but the number of motorcycle crashes that end in fatalities has slightly increased. IDOT estimates that there were 162 fatalities that resulted from motorcycles crashes in 2017, the highest single-year number on record. The 2017 increase in Illinois goes against an overall decrease across the U.S. A mix of factors may help explain why Illinois has not seen a decline in motorcycle fatalities. Rider Protection The decreased number of motorcycle crashes suggests that rider safety in Illinois is improving. This could be attributed to: The availability of safety classes; Public campaigns on motorcycle safety; and Improved defensive riding techniques. However, Illinois is one of three states that does not require that motorcycle riders wear helmets. There are some riders who prefer…
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BGer 5A_454/2017: Betreuungsunterhalt für Kinder – Methode der Berechnung
Am 17. Mai 2018 hat das Bundesgericht den per 1. Januar 2017 eingeführten Betreuungsunterhalt erstmals in einem Urteil behandelt.Gem. Art. 276 und 285 ZGB kommt der Betreuungsunterhalt zu den direkten Kosten hinzu. Es handelt sich dabei um die finanziellen Folgen aus dem Zeitaufwand für die Kinderbetreuung durch denjenigen Elternteil, dem die Obhut zukommt. Der Gesetzgeber hat betreffend die Ausgestaltung des Betreuungsunterhaltes aber nichts Näheres geregelt, weshalb diesem Bundesgerichtsentscheid eine wegweisende Wirkung zukommt.Das Bundesgericht hält erstmals fest, dass die «Lebenshaltungskosten-Methode» zur Anwendung gelangt, wenn der betreuende Elternteil einer Erwerbstätigkeit nachgehen könnte. Den konkreten Betreuungsunterhalt habe der Richter aber im Einzelfall festzulegen. Das Bundesgericht hält lediglich fest, dass die Lebenshaltungskosten nicht über das hinausgehen, was notwendig sei, um dem betreuende Elternteil…
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Scott-Hayward & Ottone on California's Unconstitutional Bail System
Christine S. Scott-Hayward and Sarah Ottone (California State University, Long Beach - School of Criminology, Criminal Justice, and Emergency Management and Georgetown University, Law Center, Students) has posted Punishing Poverty: California's Unconstitutional Bail System (70 Stan. L. Rev. Online 167...
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Beyond Sports and Sex Part 5: Title IX and Pregnant and Parenting Students
In this series, I look at some of the protections afforded by Title IX that have not gotten as much attention in the media or political arena as have Title IX’s applications to equity in athletics and campus sexual assault. Part 1 looked at Title IX’s protection against employment discrimination. Part 2 examined how Title IX protects students from non-sexual sex-based harassment. Part 3 looked at Title IX and dress codes. Part 4 covered when Title IX applies to religious schools. Teen pregnancy has long been a subject of public health concern, political debates, and more recently, popular reality TV programming, but the legal issues surrounding it have not garnered much attention. Title IX prohibits sex-based discrimination in schools. In 1975, three years before pregnancy discrimination in employment would be prohibited by the Pregnancy Discrimination Act, the Department of Health, Education, and Welfare (now the Departments of Education and Health and…
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John Cordisco Discusses Brain Injuries on WBCB
Click below to listen now! Or scroll down to view a transcript of the interview about brain trauma and brain injuries. Listen Now https://www.cordiscosaile.com/wp-content/uploads/2018/05/John-Cordisco-interview-1.mp3 Audio courtesy of WBCB 1490AM Audio Transcript Radio Host: Everything you wanna know about funerals, sort of paying scenarios, what if, how to take care of it. Mike Shiller does all of that and a heck of a lot more. In 40 some years experience and one of the things Mike that you do, is you network with a lot of people, a lot of different facets… Mike: A lot of good people. Radio Host: Yeah, right and you know the good ones from the bad ones too, I mean you’ve been around a long time and you become to rely on the people that can help the process along for you and so introduce. Mike: John Cordisco, good morning John. John Cordisco: Good morning Mike. Mike: Is with us this morning and he’ll tell you what we’re gonna talk about…
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