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Recording Interrogations: NY State Offers Grants to Willing Police Agencies

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According to an article from the Syracuse Post Standard and syracuse.com, New York State has announced it will offer grants to law enforcement agencies for the purchase of equipment need to record police interrogations.  Governor Andrew Cuomo’s office announced the availability of the funding on July 15.  Recording interrogations, the Governor said, would prevent wrongful […]

Darf man Kindern solche Fragen stellen?

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Dunkelfeldforschung über sexuellen Missbrauch von Kindern Sexualstrafrecht Gewohnt scheinheilig interessiert fragt „Bild“ regional (Düsseldorf) ihre Leser, welche Fragen man Kindern eigentlich stellen darf. Unter der äußerst fragwürdigen Headline „Wirbel um Kindersex-Studie“ zitiert deren Redakteur Peter Poensgen einige Fragen, die aktuell im Rahmen eines Forschungsprojekts der Universität Regensburg an ca. 12-14 Jahre alte Schülerinnen und Schülern in Nordrhein-Westfalen gestellt werden. Nicht allerdings ohne vorher darauf hinzuweisen, dass diese Fragen bereits in Baden-Württemberg, Bayern, Sachsen und Thüringen „gestoppt“ wurden. Gestern berichtete bereits die „Süddeutsche Zeitung“ darüber. Die von „Bild“ ausgewählten Beispielfragen lauten:„Hat jemand jemals gegen Deinen Willen versucht mit Dir analen Geschlechtsverkehr (in den Po) zu haben?“ „Hat Dich jemals jemand dazu gedrängt, seinen Penis oder den einer anderen Person in den Mund zu nehmen?“ „Wurdest Du jemals von einer anderen Person zur Prostitution (Sex gegen Geld) gezwungen?“ „Hat eine andere Person gegen Deinen Willen versucht ihre Finger oder ein Objekt in Deine Scheide oder Deinen Anus (Po) einzuführen?“ Es ist unschwer zu erkennen, dass es hier keineswegs um eine Erforschung von „Kindersex“ (wobei diese Bezeichnung bei einem Alter von 12-14 eigentlich schon ausscheidet), sondern um sexuellen Missbrauch geht. Für „Bild“ scheinbar nur ein unwesentlicher Unterschied. Die Universität Regensburg hat für das Projekt „Mikado“ eine Internetseite eingerichtet, auf der man sich umfassend informieren kann – selbst Journalisten sind dort willkommen. Dort kann man beispielsweise auch nachlesen, dass vor Durchführung der Befragung sowohl das Einverständnis der Schüler als auch das der Erziehungsberechtigter eingeholt wird und den Schülerinnen und Schülern freigestellt ist, an der Studie teilzunehmen oder eben auch nicht. Natürlich können einzelne Fragen auch nicht beantwortet oder die Teilnahme jederzeit auch komplett abgebrochen werden. Das alles vergisst „Bild“ zu erwähnen. Dabei kann eine solche Studie endlich Antworten zu einer Reihe von Fragen geben, die die Kriminalitätsforschung schon lange beschäftigen.

Two Texas Executions Scheduled This Week

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Texas is set to carry out its ninth execution of 2013 in Huntsville, tonight. It would be the 501st post-Furman Texas execution since 1982. Texas is responsible for more than 37% of the nation's post-Furman executions. "Texas to execute man...

Ohio Parole Board Recommends Against Clemency in Slagle Case

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The Cleveland Plain Dealer posts, "Parole board recommends against clemency for murderer, despite urgings of Cuyahoga prosecutor." It's by Robert Higgs. Here's an extended excerpt from the beginning: The Ohio Parole Board today recommended against clemency for convicted murderer Billy...

Roundup: Great writs, great walls, and a cautionary note on covering a great tragedy

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Here are a few odds and ends that didn't make it into full blog posts but deserve readers' attention:Judge shot to death in Corpus ChristiA Nueces County district judge was found shot to death in his chambers. Few details so far on possible perpetrators, motive, etc., or even whether it may have been a suicide. ¿Quien sabe? Grits would caution the press to beware of premature speculation. If the murder of the Kaufman County DA, his wife and another prosecutor earlier this year taught us anything about such high-profile episodes, it should be not to jump to conclusions. The press spent weeks hypothesizing that the Kaufman murders were attributable to everyone from the Aryan Brotherhood to Mexican drug cartels before it allegedly turned out to have been a former elected official angry about personal, political and legal disputes. Let's not repeat that pointless cycle of error and guesswork before the salient facts come out.Mental health funding got boostThe Fort Worth Star-Telegram has a story detailing increases in mental health and drug treatment funding from the 83rd Texas Legislature. Unfortunately, the Lege did not direct any of it specifically to help solve competency restoration backlogs.Profiling LaSalle CorrectionsSee Prison Legal News' profile of LaSalle Corrections, a family-run private prison firm out of Louisiana.Fundamentals of private prison giant weakGrits recently mentioned the report on Corrections Corporation of America from Anonymous predicting their economic demise. Well, here's another argument for shorting their stocik, this time from The Motley Fool.Indoor cell-phone trackingStores are using indoor cell-phone tracking to generate data on consumers. The tactic also highlights how rapidly cell-phone location data is becoming super-accurate thanks to the proliferation of towers, antennae and femtocells.Constitutionality and the meaning of metadataHere are two perspectives on why collection of cell-phone metadata should be unconstitutional: One from libertarian constitutional expert Randy Barnett and another analyzing why Thurgood Marshall thought the entire "special needs" doctrine on which the program is based was bad law in the first place. Here's a basic primer on the current state of Fourth Amendment jurisprudence related to "metadata." For those who don't understand precisely what the government gets when it acquires "metadata" from your phone calls, this blog post lays it out nicely.Border wall repeats one of 'history's great blunders'So argue writers from The Atlantic, tracing the history of border walls and the fall of empires from China to the Roman Empire to Russia and Great Britain. Communication and partnerships are far more effective than physical barriers, which is why I'm glad to see the new mayor of Monterrey visiting Texas cities to exchange ideas about crime fighting efforts.The Great Writ diminishedHere's an interesting item articulating how habeas corpus has been emasculated by restrictive legislation under the federal system. With a handful of exceptions, one could make the same case for state-level habeas writs, certainly in Texas. Sen. John Whitmire's SB 344 this session was one of the first expansions of habeas power in memory - nearly all legislation restricts its use rather than enabling it. Unfortunately, like much habeas discussion, the article is too focused on the death penalty. The real shame is that attempts to restrict habeas in death cases had reduced its value across the board, IMO with unforeseen, negative consequences.'Language turned convict'Ran across this nice essay on mediaeval thieves cant, a secret language of old ("cryptolect," is the formal term) that's recently making a comeback in British prisons. Via Bruce Schneier.

Why Complicate Matters by Tying a New Jersey DWI Tied to an Auto Injury Accident?

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For those drivers accused of operating a motor vehicle while under the influence of alcohol or impaired by prescription drugs, we as drunken driving defense attorneys understand how difficult this kind of charge may be on these individuals and their families. But there is one important distinction for those who are pulled over on the side of the road, or waved into a sobriety roadblock, only to be arrested and charged with DWI or drug DUI: you did not injure or kill somebody else as a result of being in an allegedly impaired state. We have said it here numerous times in the past, but being accused with causing bodily injury or killing another individual while also allegedly being drunk behind the wheel is a far more serious situation than being picked up for a minor traffic violation and then being slapped with a drunk driving summons. As New Jersey DWI-DUI defense lawyers, I and my colleagues are well prepared to represent those motorists who find themselves accused of drunken driving, drug DUI or even impairment due to a controlled dangerous substance (CDS), such as cocaine or marijuana. But adding a car, truck or motorcycle crash to the list of related charges can be a game-changer.

“Failed Evidence” in Cleveland, Wed., July 17, at noon and 7:00 p.m.

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I’ll be presenting two talks on my book Failed Evidence: Why Law Enforcement Resists Science (2012) in Cleveland on Wednesday, July 17.  The first event, at noon will be at noon, part of the ACLU’s Brown Bag series; details here.  The second will take place at 7:00 pm; click here for details and RSVP information.  […]

Former Ann Arbor Public Schools Employee Pleads Guilty to Criminal Sexual Conduct Involving 10-year-old

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On Friday July 12, 31-year-old Ryan Erskine pleaded guilty to assault with intent to commit second-degree criminal sexual conduct on a child. Erskine is a former Ann Arbor Public Schools employee who claims he met the 10-year-old alleged victim while working at the Community Education and Recreation office, according to police in a news article at Annarbor.com. 1275249_study_table.jpg News reports claim that Erskine was babysitting the child at a home in Hamburg Township in August 2012, when the incident occurred. Alysha Barbacik, a police officer with the Hamburg Township Police Department, said that the defendant met the child while working as an assistant in the Ann Arbor Community Education and Recreation School Age Child Care program. Although the inappropriate touching reportedly took place in August, it was not reported until October of last year. Prior to his plea agreement, Erskine was charged with four counts of second-degree CSC according to William Valliencourt, Livingston County Prosecutor. Valliencourt stated that as of this time, he is not aware of any other investigations regarding Erskine, who is schedule to be sentenced on August 22. Erskine will face no more than one year in jail according to the Livingston Daily. The maximum penalty for assault with intent to commit second-degree criminal sexual conduct is five years in prison. Michigan sex crime lawyers know that the criminal penalties for sex-related offenses are extremely harsh. While most involve jail time and substantial fines, the requirement to register as a sex offender is often the worst of all because of its negative impact on the accused individual's life in regards to employment, housing, and more. Unfortunately, many innocent individuals are accused of crimes they did not commit; this results in many people sitting behind bars for years, facing punishment they do not deserve. While there is no doubt many people commit sex offenses, there is also no doubt that many individuals are wrongly accused, and ultimately pay the price in terms of their freedom and reputation.

Following Dismissal of Marijuana Charges, Grosse Pointe Park Man Now Charged with Murder

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On Friday July 12, marijuana charges against 42-year-old Myron T. Williams were dropped. Now Williams has been charged with murder by the Wayne County Prosecutor's Office in connection with the strangling death of a 35-year-old woman. 449966_handcuff.jpg Following the dismissal of the marijuana charges on Friday, Williams was held in custody until Monday, when the new charges of first-degree murder, felony murder, and unarmed robbery could be filed. Sabrina Gianino was allegedly strangled by Williams on May 15 inside her boyfriend's Grosse Pointe Park home, although Williams, who lived next door, was not charged with the murder at that time. He was arrested two days after the strangulation death of the victim. Gianino's boyfriend discovered her body upon returning home from his job at Marge's Bar just after midnight on the 15th. He called 911 and was questioned and released by police, who believe the murder took place at approximately 11 p.m. Gianino was employed at the Platz Animal Hospital in Grosse Pointe Park. Williams' preliminary hearing is scheduled for July 29 at 9 a.m.. If convicted on charges of first-degree murder, he will face mandatory sentencing of life in prison according to a news article at Mlive.com. Murder is the most serious criminal offense anyone can be charged with; Michigan murder defense attorneys know that in these types of cases, having a capable and experienced lawyer is absolutely essential. The accused individual's legal rights must be protected, and his/her freedom fought for vigorously. Regardless of the seriousness of the crime, every person who is arrested for or charged with a crime is innocent until proven guilty.

Kevin Porter, Thomas Mickey Tuner, Alan James Ender, Dozens of Others Arrested in Florida Child Porn Sweep

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Kevin Porter, Thomas Mickey Tuner, Alan James Ender, and over 50 others were arrested in Florida as part of a nationwide operation targeting online child sex offenders and illicit porn traffickers, a press release by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations announced recently. Porter, 26, of Melbourne, faces charges of distribution and possession of child pornography; Turner, 65, of Daytona Beach, faces charges of failure to properly register as a sex offender and possession of child pornography; Ender, whose age and place of residence were not specified, was booked into police custody on unspecified charges. It was not immediately clear whether the defendants qualified for bail bond. The press did not specify a defense attorney for the defendants. According to reports, the arrests were part of a nationwide investigation dubbed "Operation iGuardian" that targeted child pornographers, suspects attempting to entice children online, and suspects who download and share child pornography over the internet. The investigation was orchestrated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, who released information on Monday. "Our ultimate goal is to protect children in the digital age," a spokesperson for the operation reportedly said. Sources say the investigation ran from May 28 to June 30. During that time, investigators searched for children who were being exploited by predators over the internet, as well as the persons who were abusing them, reports indicate. Throughout the country, the operation has so far netted 255 arrests of suspects accused of being child predators. A spokesperson from HIS also said the operation has identified 61 victims, three of whom are from Florida. Reports say the victims ranged in age from three years old to late teens. At least four of the victims were under the age of three, sources indicate. According to reports, out of the 61 victims identified, 24 had been in contact with predators online who had sexually exploited them. "We need to talk to our children about the good and the bad of the internet. We need to teach them how to protect themselves from online predators," An HSI spokesperson was quoted as saying in reports. "If they are exploited online, they should report it. There are dedicated law enforcement officers and special agents who will do something about it." Porter was one of 58 Florida suspects arrested as part of the operation, reports say. While the details surrounding Porter's arrest are still unclear, sources say a federal grand jury indicted him on charges of distributing and possessing child pornography. Porter has since been arrested and is awaiting trial.

Cell Phone Store Robberies Result in Lengthy Prison Sentences for Two Detroit Teens

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Two Detroit teens will face federal sentences for their alleged involvement in robbing two cell phone stores over the past year. 18-year-old Jesse Dismukes and 19-year-old David Lamont Holland now each face a mandatory minimum of 32 years behind bars for the robberies. 808843_blackberry_keypad.jpg A news article at Mlive.com says that the teen boys may in some ways be "guinea pigs" for Detroit One, a new program launched in March that essentially merges many agencies from all levels to collaborate and fight crimes considered to be the "worst of the worst." The agencies that have come together in this effort include the FBI, Michigan state police, Detroit police, Wayne County Sheriff's Office, the U.S. Attorney's Office, Bureau of Alcohol, Tobacco and Firearms, and the Wayne County Prosecutor's Office. It's likely that if Holland and Dismukes had been tried at the state level in Wayne County Circuit Court, sentencing may not have been as severe. Both Dismukes and Holland pleaded guilty to two counts of using or carrying a firearm during and in relation to a federal crime of violence, and two counts of robbery affecting interstate commerce. Dismukes allegedly robbed a Warren AT&T store on January 26 and an Eastpointe Radio Shack on December 1, using an AK-47 in commission of the crime. Holland admitted to robbing a Detroit T-Mobile store on December 7, and participated with Dismukes in the Radio Shack robbery. Robert D. Foley III, FBI Special Agent in Charge, said that the convictions of the two teens will send a strong message that severe penalties await those who are considered dangerous criminals and who commit acts of violence. Michigan federal crime attorneys understand the penalties handed down at the federal level are typically more severe than those at the state level. Considering the teens' current ages and the fact that they will spend more than 30 years behind bars, their lives are essentially ruined.

Romanie Pierre and Malory Pierre of Broward County, Florida Arrested for Child Neglect

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Romanie Pierre and Malory Pierre of Broward County, Florida were arrested Sunday after they were accused of leaving four children unattended in a car while they gambled at a casino, news sources report. Romanie, 31, and Malory, 27, were booked into the Broward County Main Jail on four counts of child neglect without great harm. A judge ordered that each of the defendants be held on a $5,000 bail bond. Reports did not say whether the defendants had hired an attorney. According to reports, the incident occurred Sunday evening at the Mardi Gras Casino in Hallandale Beach. The children involved in the incident are ages 2, 4, 5, and 8, reports say. It appears one of the women is the stepmother of the oldest child and that some of the victims are biological children of the defendants, though the full nature of the relationships was not disclosed in reports. The defendants are sisters, sources indicate. Reports say that on Sunday, Romaine and Malory left their vehicle running with the four children inside while they went to the casino. A witness near the scene of the casino observed the children alone inside the car for nearly 30 minutes and decided to call police. Officers arrived and asked one of the older children to unlock the car door. The child complied and told police that her stepmother and her stepmother's sister had gone inside the casino and left them in the car. It does not appear as though the children were injured as a result of their stay in the parked car. The children were placed in the temporary custody of a family member, possibly the mother of the defendants, soon after the incident. After talking to the girl, police went inside the casino to locate the two defendants. Officers located the defendants, one of whom said they had gone into the casino to use the bathroom, reports say. The other defendant reportedly said she entered the casino to ask a question. However, a quick investigation allegedly revealed that both of the defendants had checked in at the player's club and had been playing slots inside the casino. It is unclear just how long the defendants had been in the casino before officers arrived.

Monty Ray Grow, Former Florida NFL Player, Arrested for Child Abuse

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Monty Ray Grow of Pinellas County, Florida and former Florida NFL player, was arrested Sunday for allegedly leaving a three-year-old girl unattended in a car while he visited a strip club, news sources report. Grow, 41, was booked into the Pinellas County Jail on charges of child abuse. He was later released after posting a $5,000 bail bond amount. The press did not specify an attorney for Grow. According to reports, Grow attended the University of Florida, where he played college football for the Gators from 1989 to 1993. He later went on to play a season for the Jacksonville Jaguars and the Kansas City Chiefs. Grow has since retired from the NFL, sources say. Reports say the incident occurred Sunday evening. Grow allegedly drove to the Diamond Dolls strip club in Clearwater with the three-year-old victim in the car with him. Reports were unable to specify a relationship between Grow and the victim. According to reports, Grow parked his car at a used car dealership on U.S. 19 North, left the victim inside, and walked into the strip club. The victim's mom and grandparents arrived on the scene before police and took the victim out of the car, sources say; the girl was apparently uninjured. When police arrived, Grow reportedly sprinted to the car and confessed to leaving the victim unattended. It was not immediately known how long the victim was in the car before she was removed. It now remains to be seen how this alleged incident will affect what, if any, custody Grow might have had over the child. In a similar case from the same day, Romanie and Malory Pierre of Broward County, Florida were apprehended Sunday after they allegedly left four children in a vehicle unattended while they gambled inside a casino, sources report. Romanie, 31, and Malory, 27, were booked into jail on charges of child neglect without great harm. Their bond was set at $5,000; it is unknown whether they obtained legal representation. Reports say the incident took place late Sunday at the Mardi Gras Casino in Hallandale Beach. Romaine and Malory reportedly arrived at the casino with four children, aged 2, 4, 5, and 8. Sources say the defendants left the four kids in the running car while they went into the casino, checked in at the player's club, and gambled at the slot machines.

Florida DUI Arrests for Foreigners Can Add to Complications

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Police say the 22-year-old was driving her mother's sports vehicle with a blood-alcohol content that was more than twice the legal limit when she hit and killed two men in Fort Lauderdale. drunkdriving.jpg Our Broward County DUI defense lawyers understand the case has been complicated by the fact that the woman, a British citizen, was reportedly overheard telling a co-worker that she planned to flee to Ireland to avoid prosecution. The state attorney's office took note of the fact that she had re-applied for a passport with the British consulate, with her application paid for with her debit card following the crash. Relayed to the judge, this "potential flight risk" information prompted a bond hearing that resulted in having the bond amount increased to nearly half a million dollars. However, those representing the woman say the co-worker - and the prosecutors - got it all wrong. While not denying the severity of the incident, her attorneys say she had intended to travel abroad for vacation. She had not realized that, in the American justice system, one can not leave the country while criminal charges are pending. He said it wasn't clear to the woman - or her family - that she was not free to go. We see this kind of thing a lot in cases where a foreign individual may be facing serious criminal charges. It stems not so much from a desire to avoid facing the justice system as a lack of understanding about it. Anyone who is arrested in Florida on a felony criminal charge - regardless of nationality or citizenship - has the right to attorney. Those who can't afford one will have one appointed, though it's usually better to seek out your own. That way, you can find one with a good reputation who is highly experienced in the area of law involved in your case. Your attorney will then be able to inform you of all your rights and responsibilities under the law - including reiterating any travel restrictions. Police in Fort Lauderdale say in this case, the driver for some reason lost control of her vehicle and drove into some bushes along West Broward Boulevard on June 13 around 2:15 in the morning. Two men in their 30s were struck and killed, while a third pedestrian was reportedly able to dodge out of the way and avoid being hit. Two passengers were in the vehicle at the time, but no one else was injured. One witness alleged that the driver attempted to flee the scene, but was unable to do so because one of the individuals was lodged underneath the vehicle, rendering it immobile. The defendant's defense attorneys took care to underscore the fact that she was working and attending school in Fort Lauderdale and had strong ties to the community, with her mother owning a chain of weight loss clinics in the area. Still, the judge ordered that she be equipped with an ankle monitor and is forbidden from obtaining a passport.

Broward DUI Lawyer Carlos Canet Handling High-Profile Cases

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High-profile DUI cases require the services of an attorney who is not only knowledgeable in the complex field of Florida DUI law, but who is also media savvy and understands how to handle prosecutors eager to use your case to drive home a point. goldenmic.jpgBroward DUI Defense Attorney Carlos Canet was recently quoted in the Sun Sentinel in relation to his representation of WMEN-640 Sports Radio Host Sid Rosenberg. A mistake on the docket had indicated that Rosenberg would be pleading guilty to a DUI charge pending against him. As it now stands, Rosenberg has entered a plea of not guilty and, at this point, that is how it is going to remain, regardless of the clerical error that appears to have led to the confusion. Rosenberg was arrested last spring by a police officer in Hollywood. He was charged with driving under the influence and driving with a suspended license. Police officers have reported that Rosenberg was stopped in the middle of the road around 1:30 a.m. attempting to purge himself. Police, likely knowing who Rosenberg is, made sure to include any and all details that might paint him in a negative or embarrassing light.Bear in mind, this is someone who has not been convicted. It's only one side of the story to which the public has been privy. But the media giddily ran with it as if it were gospel. At the time, Rosenberg was an afternoon host for a competing radio sports station, WQAM-560. He was suspended and soon after fired. He was subsequently hired by WMEN-640. Rosenberg's focus at the moment is working toward improving his health - mind and body - as well as keeping his career on track and spending time with his family. Having someone to capably handle the legal matters can be a huge relief. Someone like Rosenberg has no trouble holding his own with the media. However, no matter how much a person may have dealt before with journalists or police or prosecutors, high-profile figures benefit from having an experienced attorney looking out for his or her best interests. High-profile cases aren't limited to those involving local celebrities, politicians or high-ranking officials. Sometimes, they involve individuals accused of serious DUI-related offenses, such as DUI manslaughter or vehicular homicide. For these folks, securing a good lawyer is in some ways even more important. Having likely never before dealt with the criminal justice system or the media, and facing such steep consequences if convicted, it's vital to have an attorney dedicated to aggressively protecting your rights and interests. Carlos Canet has been in practice for more than 25 years, with his service dedicated solely to criminal defense. In the last handful of years, he has secured nearly 70 acquittals in DUI jury trials. Having that kind of proven experience is key for all of our clients, but especially those whose cases are more complex or higher-profile.

Who will know about my metro Atlanta DUI

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Atlanta DUI lawyer Jessica TowneWho will know of your DUI arrest in Gwinnett? Everyone. In Georgia, once charges are filed, you cannot ask that your arrest records be restricted even if a DUI was dismissed (1) because of a plea agreement, or (2) if the prosecutor wasn’t allowed to use material evidence (your test result or refusal to submit to a test), or (3) the charge is prosecuted in another county instead, or (4) the person had diplomatic, consular or individual immunity from prosecution. Of course, getting a Gwinnett DUI or other metro Atlanta DUI dismissed is a different matter. It can be done, but isn't easy.

Lost in Juvenile Court in Orange County, CA

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Ever find yourself in court and totally confused on where to go? I recently sent my law clerk to file a petition at the Juvenile Court in Orange, CA. Two hours later he called me frustrated and exasperated! While all he had to do was file a petition with the clerk, he ended up being told by 5 different people to go to 5 different places, until he found himself sitting for 45 minutes outside of a courtroom waiting for someone to finally review his paperwork. What my clerk found out is something most attorneys already know, that the courts are confusing and daunting to those who have never had to deal with them. For instance, the Juvenile courthouse is a large building with over ten stories, and while there are generic signs directing you around, there is no one you can simply tap on the shoulder and ask for help. You are completely on your own! One of the best reasons to hire an experienced attorney is to make sure you don't get lost in the morass of hallways and court rules that make up our local court system. Even if you think you can make a great case to a judge or jury yourself, make sure you hire an experienced criminal defense attorney so that you can get your day in court at all!

Was the Vehicle "Operated" Prior to Your NJ DWI Arrest?

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In a New Jersey DWI case, the prosecutor must prove the basic elements of the offense. The simplest of those elements is whether the individual arrested actually operated the motor vehicle. Often, New Jersey DWI arrests are made as a result of tip call, or someone calling into the police department reporting an erratic driver. The caller will sometimes give the license plate number of the vehicle, which can then be traced to the owner's residence. If the police then locate the car in the driveway of the residence, without that driver in the vehicle, there is a question as to who operated the vehicle. Unless the caller can identify the driver, or if the driver admits to operating the vehicle, the state will have a difficult, if not impossible time, in establishing who operated the vehicle. Even if operation is established, the state must still prove that the operator drove the vehicle while intoxicated. Depending on how long the vehicle was stationary at the residence, it may be difficult for the state to establish that the driver did not drink alcohol once the motorist arrived at the residence. Another issue of operation occurs when a police officer comes upon a vehicle on the side of the road or in a parking lot, where the driver is asleep behind the wheel. If the vehicle is on the side of a highway or a road where there are no residences or businesses, an operation defense will not likely be successful. This is because the law presumes that when the vehicle was operated to that location, unless there is evidence to the contrary, it is presumed that the driver was intoxicated while operating. A defense to that situation would be where the driver was drinking after operating the vehicle. This would generally require proof of that, which could include bottles of alcohol present in or around the vehicle at the time of arrest. If the police officer has contact with the driver of a vehicle in a parking lot of a bar, restaurant, or other business, and that driver has been asleep at that location, there may be a defense to operation if the state cannot show that the driver drove to that location intoxicated, or had the intent to operate the vehicle from that location while intoxicated. For example, if the driver had come out of a bar, and decided to sleep before operating the vehicle, it cannot be determined whether the driver intended to operate the motor vehicle while intoxicated. There are many issues to defend a New Jersey DWI arrest with. It is critical that you consult with a qualified New Jersey DWI lawyer to determine the best way to handle your defense. Please contact us at Levow & Associates for a free consultation.

Cleveland kidnapper Castro gets LWOP sentence plus 1000 years as plea deal provided

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I had the honor this morning of watching the first part of the state sentencing proceeding for Cleveland kidnapper Ariel Castro in a remote studio waiting to be a boxed pundit on CNN. Consequestly, I will link here and quote...

New Minnesota Laws Go Into Effect Today

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While the legalization of gay marriage in Minnesota may grab the top headline, there are plenty of other newsworthy laws that go into effect today. There are four main changes that affect criminal penalties, and we’ll detail them all below. Prostitution Consequences Soliciting or engaging in prostitution can lead to a fine and/or jail time, [...]The post New Minnesota Laws Go Into Effect Today appeared first on The Appelman Law Firm Law Blog
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