If you’ve just been charged with misdemeanor drunk driving, you may think that this type of charge doesn’t really require you to retain legal counsel. After all, it’s just a misdemeanor, so it won’t affect your life that much, right? Furthermore, you might think that you can “get out of it” without an attorney, or will end up being convicted even with an attorney, so why spend the money? The reality is that even misdemeanor DUI convictions can have substantial effects on your life. However, with the aid of a skilled San Francisco DUI defense attorney, you may have more options than you think, including having the charge never appear on your record, even if you actually were driving drunk at the time. Imagine it: the police pulled you over. The officer conducts a breathalyzer test, and your result is above a .08. There was nothing wrong with the test, and there was nothing wrong with your consent to it. Your case has no hope, right?…
Military Diversion: One Extra Option Available to Some Veterans Charged with DUI in California
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Kamali & Green on England's Adoption of Jury Trial
Elizabeth Papp Kamali and Thomas A. Green (Harvard Law School and University of Michigan Law School) have posted The Assumptions Underlying England's Adoption of Trial by Jury for Crime (Travis Baker, ed., Law and Society in Later Medieval England and...
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W105
The W105 Facebook page has been buzzing with activity and posts.It could mean only one thing: Bee is back in the States.Welcome back.
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Criminal and Civil Consequences of Retail Theft
A large proportion of the general public has shoplifted in their lifetimes, either as very young children, as teens, or even as adults. However, while it may seem like shoplifting is a relatively harmless crime, Illinois law is structured in such a way that the taking of a relatively small amount of property can spiral into felony territory. If you or a loved one has been charged with retail theft, it is imperative that you understand the potential consequences before proceeding to trial. Statutes Are Specific Retail theft in Illinois is defined as taking possession of, carrying away, or causing to be transferred or carried away any merchandise from a retail establishment, with the intention of retaining it without paying full retail value for it. While this definition includes shoplifting, it also includes other practices like changing price tags and returning shoplifted items for store credit or cash. It also encompasses rental items and failure to return them. The degree…
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Bielen et al. on Blame Based on Name
Samantha Bielen, Peter Grajzl and Wim Marneffe (Hasselt University - Faculty of Applied Economics, Washington and Lee University - Department of Economics and Hasselt University - Faculty of Applied Economics) have posted Blame Based on One's Name? Extralegal Disparities in...
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A Thank You to KANW
For three decades, KANW has allowed the greatest radio shows in New Mexico to be broadcasted.The election night shows, the election eve shows, and the election prediction shows.Wall to wall, unedited, with unfiltered.Greg Payne, Moe Maestas, Janice Arnold Jones, and Joe Monahan. Too bad Janice was running this year, because she's always informative.Live interviews with everybody under the sun. And equal time to all.I don't like Moe or Joe's politics, but I love to hear their points of view, and they always make the night interesting.On the seat of your pants interesting. Even when the vote tallies are slow in arriving.KANW deserves all the credit.The best, the very, very best radio a New Mexico citizen can ask for.Hobbs: The City of Indepedents.STAY INDEPENDENT HOBBS!
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June 7, 2018: What You Need to Know
The U.S. Supreme Court should be able to be viewed by all Americans.Now that Herrell is our selection, we need to all rally around her and support her. And, I'll do my part.I supported Newman, but as a team player, we must all realize that Herrell is now our Quarterback.The Journal ran an article today about Governor Martinez not supporting Republican candidates in the upcoming election. I don't know about that story.I do know that the article that stated that Governor Martinez believes that red tape slows down the oil and gas industry was absolutely correct.That article is so true, and is an absolute must read.Join Bee and the Breakfast Club this morning. 6-9. 105 FM. Bee is back, which means political satire and political viewpoints will be back at full force. That is hard to find in Southeastern New Mexico media. So you should support it every chance you get.And yes, Rod Adair is right, his blog was the only outlet that predicted…
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ORDER OF THE DAY
74 years ago, American democracy, American power, American young men- saved the world.Order of the Day by Anonymous PbHV4H on ScribdSite Feed
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Marijuana’s Impact on Custody Cases
Our partner, Aaron Weems, wrote this post in our Pennsylvania family law blog on the impact of marijuana in custody cases. You should check it out.5844922 – one hand stop gesture no to drugs cannabis marijuana cigarette isolated background
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A Byrd’s Eye View
Lawyers call it “demeanor,” the appearance one gives in conveying a message. An aspect of an advocate’s persuasiveness, or distraction, is how one comes off while engaged in the effort. Sometime is will be a serious look. Sometimes a pleasant look. Some looks work for one person but not another. Finding the right look for you, and for the circumstances, is critical to being the most persuasive advocate possible. And what better time to learn this than in law school during moot court? But after the “resting bitch face” fiasco, moot court judges need to be circumspect in how they convey this message, lest the students take offense. Then again, if avoiding offense is more important than teaching students about the value of demeanor, has a judge done their best to help a student? I put in hundreds of hours preparing for the competition, which involved a criminal case based on a restriction of an individual’s freedom of expression—serious…
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NC: Seeing a “pipe” in a house in affidavit for SW doesn’t tell whether it was drug paraphernalia; no PC
The affidavit for the search warrant in this case mentioned that a pipe was seen in defendant’s house. The court of appeals finds that the affidavit doesn’t tell enough to determine whether it was a pipe for use for ingesting … Continue reading →
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NC: “Thursday” in a SW affidavit means the previous Thursday, and the search warrant wasn’t stale when issued
This case started with an anonymous letter about alleged drug sales at defendant’s residence. A trash pull was conducted on “Thursday.” Read in context, that means the previous Thursday, and the search warrant wasn’t stale when issued. State v. Teague, … Continue reading →
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NC: 20 month old information wasn’t stale in a counterfeit goods case
The affidavit for search warrant in this counterfeit goods case at defendant’s house had information 20 months old. But, the keeping of the counterfeit goods was an ongoing operation being sold around the area, and the search warrant wasn’t stale. … Continue reading →
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What is a Parenting Plan in a Georgia Divorce?
In Georgia, a parenting plan is required in all cases involving child custody. It may not always be easy to draw one up depending on how well the parents can work together. If you are able to work with the other parent, it will be much simpler to draw up a parenting plan than in cases in which the parties are fighting. If you successful draw up a plan with the other parent, you can jointly submit it to the court for approval. However, in many divorce cases, parents cannot agree on a plan. When this happens, each parent must submit a proposed order to the court. It will then be at the discretion of the judge to decide on a parenting plan. The judge may accept one of the plans submitted by the parents or make another plan. In some cases, a parent may fail to submit a plan to the court. The judge may adopt the parenting plan the other parent has submitted as long as it is considered to be in the best interests of the child. Outlining a parenting plan Since 2008, parents in Georgia…
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Cal.1: Electronic search condition on juvenile was unreasonable for possession of a knife and rolling papers at school
The electronic search condition on this juvenile for having a knife, rolling papers, and a lighter in school after a school search was unreasonable. The state says its need to prevent him from procuring more marijuana, but the court disagrees. … Continue reading →
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After SCOTUS rejected its standards, Texas Court of Criminal Appeals again rejects Bobby Moore's intellectual disability claim to preclude death penalty
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Is legalized recreational marijuana on the horizon in Arizona?
As attitudes regarding the legalization of marijuana continue to shift across the country, residents of Arizona may soon find themselves presented with another opportunity to cast their vote for or against the legal possession and recreational use of marijuana by adults. While this would hardly be the first time that voters in the state would be facing this choice at the ballot box, many residents seem to feel that the outcome could be different this time around, which begs the question - how would legalizing marijuana for recreational purposes impact the already strict laws in place to regulate DUIs within our state? What is HCR 2037? The resolution in question, House Concurrent Resolution 2037 (HCR 2037, for short) will still have to be passed by both the Arizona House and Senate before it will even be on the November ballots for voters - but if it is passed, the resolution would seek to allow adults who are 21 years of age and older to use marijuana for…
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Can You Go to Jail for Driving with a Suspended License in NJ?
When your license is suspended in New Jersey, it becomes a crime to violate the suspension. This offense is more than a minor traffic violation and can actually come with full criminal penalties and fines, including jail time. If you or a loved one was arrested for driving with a suspended license, you should speak with an Atlantic City license suspension attorney today. The attorneys at The Law Offices of John J. Zarych handle license suspension, drunk driving, and motor vehicle cases in and around Atlantic City. Is Driving with a Suspended License a Crime in New Jersey? Under New Jersey law, driving with a suspended license is classified either as a traffic offense or a crime, depending on the circumstances. In New Jersey, criminal offenses are either classified as disorderly persons offenses or indictable crimes. Indictable crimes, usually referred to as first, second, third, or fourth degree crimes, are similar to felonies in other…
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Large group of former prisoners urge Senate leaders to move forward with FIRST STEP Act
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CA7: “This is a hornbook example of how to waive an argument on appeal.”
“This is a hornbook example of how to waive an argument on appeal.” The search issue presented on appeal was never presented to the trial court. “[P]arties cannot conjure up brand new legal theories on appeal like this. Failing to … Continue reading →
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