You’re driving along minding your own business when you see those red and blue flashing lights pop up in your rearview. For almost anyone, getting pulled over by the police can be an anxiety-inducing situation. […] The post What To Do When You Get Pulled Over appeared first on Bloom Legal.
What To Do When You Get Pulled Over
↧
↧
Thieves On A Plane -- In First Class
Alison Sider and Andrew Tangle have this article in the WSJ. Danny Kashou, 53, a business owner in San Diego, was impressed by the soft fabrics and Saks monograms on the blankets on an international trip earlier this year. "Heck, yeah, we took it," Mr. Kashou says. "We didn't ask. We just stuck it in our carry-ons and walked off." "I've been flying this airline long enough," he says. "I deserve it."Maybe you do and maybe you don't, Mr. Kashou, but if the airline didn't give you permission to take it then you are a thief, the same as a person who steals from your business.
↧
Notable new analysis of US incarceration levels and recent (modest) changes
↧
New Bill Could Lead to More Cases Tried in Juvenile Court
Everyone makes mistakes, but minors and young adults are prone to doing so because they are learning and developing. Of course, mistakes often have consequences, but they should not alter the course of a person’s life. A new bill introduced by State Representative Laura Fine would let judges decide if misdemeanor cases of 18, 19, and 20-year-olds could be tried in juvenile court, rather than adult court, according to WSIL-TV. Rep. Fine stated the bill was introduced to focus on misdemeanors to “give kids who make a mistake a second chance.” Science tells us that the brain is not fully developed until around the age of 26. Therefore, a young adult might not be in complete control for his or her crimes. The purpose is to not excuse criminal behavior, but to give the young adult the chance to rehabilitate through juvenile court rather than face the harsher penalties imposed in regular court. Support for the Bill This bill has a lot of support from groups…
↧
//blawgsearch75.rssing.com/chan-6519914/article32625-live.html
US v. Swallow, No. 16-30224 (6-11-18)(Watford w/Tallman &Boulware). The 9th upholds a four-level enhancement for use of a "dangerous weapon" in an aggravated assault under the Guidelines 2A2.2. The "dangerous weapon"? Tennis shoes. The defendant did stomp on the victims head. The stomping and kicking happened after a fight concerning failure to return with some drugs. The 9th affirmed the enhancement because, supposedly, the use of tennis shoes added to the force of the stomp, Although the tennis shoes were not inherently dangerous, like guns and knives, the tennis shoes could be dangerous in the manner of use, like stomping. The 9th found it was not an abuse of discretion because the tennis shoes made a kick or stomp more dangerous than with just bare feet. The 9th pointed to precedent, where it had upheld using a shoe to beat a child, and where it held that using bare hands were not a dangerous weapon, although shoes…
↧
↧
Warrant Based on Informant’s Tip Upheld by Arizona Court
Recently, a state appellate court issued a written opinion in an Arizona marijuana crime case involving a defendant’s challenge to a warrant that was obtained based on information that was provided by an informant after her own arrest for drug possession. The case presents important issues for those charged with crimes based on an investigation that may have included testimony from a potentially biased witness. The case also illustrates how a witness’ recantation of a statement will not always result in the information being disregarded. The Facts of the Case A woman (the informant) was arrested after police discovered a significant amount of marijuana in her backpack. After the informant’s arrest, she made a series of statements to police indicating that she obtained the marijuana from the defendant, who had a much larger supply. The informant explained that the defendant was flying in marijuana on light-weight planes and also that she saw a gun at the…
↧
One-Vehicle Crash on State Highway 31 Near Swan Valley
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 06/13/2018 5:25 pm Please direct questions to the District Office On June 13, 2018, at approximately 1:46 p.m., Idaho State Police investigated a single-vehicle crash on State Highway 31 at milepost 1, one mile from the junction with U.S. 26. Larry Dwayne Hammons, 58, of Jackson, Wyoming, was driving northbound on State Highway 31 in a 1995 Jeep. Hammons drove off the east side of the highway, overcorrected, and drove back onto the road. He then drove off the west side of the highway and overcorrected a second time, rolling the vehicle. Hammons' vehicle came to rest in the southbound lane of travel. Hammons was not wearing a seat belt. He was partially ejected from the…
↧
Wire Fraud: What You Should Know
One of the most commonly prosecuted federal crimes is wire fraud. There a variety of activities that fall under the classification of wire fraud, which often goes hand in hand with mail fraud. A conviction on wire fraud charges can result in extremely severe penalties, including years of incarceration and thousands of dollars in fines. Therefore, it is essential that you get legal advice from a qualified Texas criminal defense attorney if you are being investigated for or charged with any type of wire fraud. Wire fraud charges typically involve messages sent via one or more means of communication, such as wire, radio, television, telephone, fax, email, or another type of internet messaging system. Each message that a person sends qualifies as a separate count of wire fraud. This is important to understand, since each count of wire fraud can lead to a fine of up to $250,000, or, in the case of a financial institution or presidentially declared major disaster or emergency, up to…
↧
"Meet the Mother Teresa for Pot Prisoners"
In part because of the headline and in part because of the focal point, I could not resist linking to this effective High Times article with the headline that serves as the title of this post. The piece merits a full read, and here are only some of the good...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Rsb_uso22pc" height="1" width="1" alt=""/>
↧
↧
"Private attorneys in death penalty cases create dilemmas for judges, public defenders"
From The Indiana Lawyer, via the NACDL news scan: After spending much of the pretrial conference questioning the defense attorney about her caseload, ability to retain co-counsel and the expenses related to hiring an investigator and mitigation specialist, Marion Superior...
↧
Another notable report on clemency suggesting Prez Trump will be "pardoning a lot of people — pardons that even Obama wouldn’t do"
↧
"Notable new analysis of US incarceration levels and recent (modest) changes"
Doug Berman has this post at Sentencing Law & Policy. From his excerpt: Although the US prison population has declined over six years, after increasing for nearly four decades, a new analysis by researcher Malcolm C. Young, published by the...
↧
Evidence in Washington Domestic Violence and No Contact Violation Cases
The state can get a conviction in a Washington domestic violence case even when the alleged victim does not testify. In such cases, it is very important for the defendant to fight the admission of other improper evidence that may be harmful to the defense. In a recent case, a defendant was convicted of second degree assault and 13 counts of violation of a domestic violence no-contact order despite the fact his wife failed to appear to testify. A woman called her daughter and told her she had been in an altercation with her husband and he had choked her. The woman then drove to her daughter’s home in Idaho. The woman said she was afraid of her husband. The daughter saw marks on her mother’s face and neck and asked if she should call the police. When the officer arrived, he observed injuries consistent with strangulation. The woman told the officer she did not feel safe in her home where the incident occurred. The officer…
↧
↧
"Kim Kardashian West pushes White House for more drug sentence commutations"
↧
Massachusetts Court Reverses Indecent Assault Conviction Based on Insufficient Evidence
Earlier this month, a state appellate court issued an opinion in a Massachusetts sex crime case, finding that the jury’s verdict was based on insufficient evidence. The court determined that a hug given to the complainant by the defendant was not “indecent” in nature, and thus, the Commonwealth’s evidence was insufficient to support the indecent assault charge. The Facts of the Case The complainant was a 13-year-old girl who was interning at an aviation company. One day, the defendant, a 60-year-old man, approached the complainant, whom he had previously met at the airport, and told her he would like to get her a gift for her upcoming birthday. He also told her that he would like to give her a hug in another room. The complainant went into the hallway and waited, but she returned to work a few minutes later when the defendant never showed up. Later, the complainant ran into the defendant and offered him a hug. A little later that day, the defendant asked…
↧
Sessions’ Rules Against Woman Previously Granted Asylum On Grounds of Domestic Abuse
On June 11, Attorney General Jeff Sessions vacated a 2016 decision by the Board of Immigration Appeals that could have significant consequences for victims of domestic abuse and gang violence who are applying for asylum in the United States. The board had ruled in favor of a woman from El Salvador who had applied for asylum in order to seek refuge from her abusive husband. Typically a decision from the Board of Immigration Appeals is binding as the board is considered the highest government authority on immigration law. However, since all immigration courts are part of the Department of Justice, the attorney general has the power to assign himself cases. Cases vacated by the attorney general usually end up back in the federal appeals court. In the case of this particular Salvadoran woman, it will return to the immigration judge who initially denied her application. If the judge denies her again, she will be able to appeal once more. In order to successfully appeal for asylum in…
↧
Complex Hawaii Case Raises Questions about Federal Criminal Procedure
A former Honolulu police chief has been charged with a litany of offenses, including bank fraud, identity theft, obstruction of justice, and a conspiracy involving several other police officers. He faces federal charges following a federal grand jury indictment which was recently amended by federal prosecutors which made no mention a mailbox heist that was part of the original indictment. Defense attorneys in the case first thought that this charge had been dismissed, but later discovered that the mailbox case was still active – prosecutors had simply divided his charges into two separate trials. Is this legal? Will defense lawyers be able to use this strange maneuver to help their clients? Only time will tell in this specific case, but this peculiar legal move underscores the complexity of the federal court system. Federal courts have their own way of doing things, and federal rules of criminal procedure are complex, as is federal criminal defense.…
↧
↧
Thursday Open Thread
I haven't seen any news yet today, so here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Family Separation at the Border: Running Afoul of International Law?
In April, the New York Times reported that U.S. immigration officials had separated more than 700 migrant children from adults claiming to be their parents at the U.S.-Mexico border. The policy was met with widespread criticism once revealed, with critics denouncing it as immoral, inhumane, and even unconstitutional. “It’s hard to conceive of a policy more horrific than intentionally separating children from their parents as a form of punishment,” Sen. Dianne Feinstein (D-Calif.) said in a statement. “This is not what the United States of America should be.” In yet another rebuke of the policy, a district judge in San Diego denied a motion last week to dismiss a class action lawsuit filed by the American Civil Liberties Union against U.S. Immigration and Customs Enforcement over the child separations. While criticism has mostly centered on whether the policy is morally inhumane or in violation of U.S. law, some organizations and experts have also…
↧
Maine Supreme Court rules federal prohibition preempts effort to make employer subsidize an employee’s medical marijuana
As reported in this AP article, "Maine employers don’t have to pay for medical marijuana under the state workers’ compensation system because federal law supersedes state law, the state supreme court ruled Thursday." Here is more on this state court ruling and some national context: The court concluded in a...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/BQ9KT_LAqqE" height="1" width="1" alt=""/>
↧
More Pages to Explore .....
