The question in the title of this post is the first reaction I had upon seeing this lengthy local story, headlined "Study: 8 in 10 released inmates return to Del. prisons." Here are the details: Nearly eight in 10 Delaware...
Could prison perhaps be helping to cause serious recidivism in Delaware?
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Using Experts in Defending West Palm Beach DUI Offenses
A DUI trial will usually involve one or more witnesses that are crucial to determining the outcome of the trial. Most often, the prosecutor produces the stopping officer, the DUI investigator, the breath tech operator and any civilian wheel witnesses (if applicable), claims Palm Beach DUI Lawyer William Direnzo. Both the prosecution and the defense sides may choose to present expert witnesses before the court, although many lawyers refrain from employing and utilizing experts in DUI defense cases. This is unfortunate as a DUI trial will have to largely rely on chemical testing in the form of breath, blood or urine. Palm Beach DUI Lawyer William Direnzo
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Are trains “safe enough?” Why no seat belts?
I just returned from a trip to Belgium and France—this just a week or so before the latest spate of train derailments (in Spain first, followed by Switzerland). As lawyers, we are always looking for ways to help clients avoid undue risk and these two catastrophic accidents crystallized thoughts that I had during my trip. […]
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Getting Your License Back - Challenging an Improper Traffic Stop
If you are arrested in Illinois for driving under the influence of alcohol (DUI), your drivers license will be suspended 46 days after the date of your arrest.
This is before you have been either convicted or acquitted of the offense of DUI, and it is called a statutory summary suspension. All that is required for the Secretary of State to suspend your license is for the officer to issue a uniform traffic ticket for the offense of DUI and file a sworn report with the circuit court that he did so. The circuit court informs the Secretary of State of the traffic ticket and sworn report, and the Secretary of State suspends your license.
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Minnesota Bus Law Quiz
Not too long ago, we discussed how cameras were being used to catch motorists who violate bus stop-arm laws. Camera technology has yet to be implemented in Minnesota, but we want to do our part to ensure kids are safe when they enter or exit a bus. To help remind people of the local school [...]The post Minnesota Bus Law Quiz appeared first on The Appelman Law Firm Law Blog
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What does 20% mean for an Arizona DUI conviction?
There is a joke that lawyers ended up in law school because there aren't any math problems on the LSAT. Despite that impression, the Maricopa County Superior Court created a math problem worthy of Noble Prize winning physicists.
The issue is reduction of a DUI jail sentence to 20% of "initial term of incarceration" under A.R.S. § 9-499.07(N)(3). For example, if someone is convicted of a first time super-extreme DUI under ARS 28-1382(A)(2) the jail sentence is 45 days in jail. But under a new law called CERTA, if a driver installs an interlock device under A.R.S. § 28-1382(I), then the minimum jail term is only 14 days in jail.
So the question remains are judges supposed to calculate 20% of 45 days or 20% of 14 days. If the first scenario is correct, the driver would serve 9 days in jail, 5 days home detention, and the remaining 31 days are suspended. If the second scenario is correct, then the sentence is 3 days in jail, 11 home detention, and the remaining 31 days are suspended.
My experience has been the interpretation of this law differed from judge to judge without a clear answer anywhere. In fact, the city of Peoria judges were interpreting the jail time under the second second but then doubling the days on home arrest. Where they got that interpretation I have no idea.
On appeal, the Superior Court of Maricopa County issued a preliminary ruling holding the first scenario is correct. You can see the ruling here 45422747-Jenja sentencing.pdf.
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Life Sentences in Federal Death Penalty Trial of Somali Pirates
"US jury sentences Somali pirates to life," is the breaking news from AFP. Three convicted Somali pirates avoided the death penalty Friday when a US jury sentenced them to life in prison for the high-seas murder of four Americans in...
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OH - Sex-offender legislation is proposed
Original Article
08/01/2013
Changes being discussed for current Marion law
By Michelle Rotuno-Johnson
MARION - City council’s legislation, codes and regulations committee has been discussing a proposed change to Marion’s sex-offender laws that is similar to laws several other cities have.
Josh Daniels, D-at large, is proposing legislation to keep offenders of all types away from places children might congregate.
Currently, sex offenders cannot live within 1,000 feet of schools...
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To some Justices' chagrin, SCOTUS refuses to delay latest California prison release order
As reported here by Lyle Denniston at SCOTUSblog, the "Supreme Court, over three Justices’ dissents, on Friday afternoon refused to delay a lower court order requiring California state prisons to release nearly 10,000 inmates by the end of this year,...
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Don't keep secrets from your Criminal or DUI defense lawyer. Espescially not about the good stuff.
I suppose nothing should really surprise me. But this week I had an hour-long conversation with a client about his Chicago DUI case. It was our first meeting, but it was obvious within a few minutes we were a great fit.I was going to be his lawyer.He was going to be my client.No two ways about it, like I said, it was obvious - we hit it off right away. Part of that lengthy conversation involved learning about his past. I find that very often, DUI prosecutors (even the ones with icy cold hearts made of stone) actually care about who they are prosecuting. Even if they don't Judges may care who they are Judging, and at some point, they may actually have the opportunity to find out.So it came as a bit of a surprise to me that despite asking about it earlier, I at last got my client to admit (ADMIT?) that he had been honorably discharged from the United States Navy not long ago, and had received a few medals and commendations along the way. Maybe it was just the way US servicemen are that they don't feel like it's any big deal.It is. It matters. It may matter a lot. It reminded me of another similar story. Watch the video and find out why there's no place for humility when taking to your Illinois DUI lawyer, then, if you're facing criminal or DUI charges in Cook county, Lake county or DuPage county courts like Chicago, Skokie, Waukegan or Wheaton, pick up the phone and call us at 847-635-8200.©2011 Copyright Steven H. Fagan, PC - all rights reserved.
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Baltimore Cop Suspended For Abuse
The Baltimore City Police Department has announced that one of their own has been suspended with pay and is currently under investigation for excessive use of force during an arrest. The incident began when a 14-year-old boy was spotted driving a stolen car. Officers of the city police force's auto theft unit got wind of the whereabouts of the stolen vehicle being operated by the unlicensed driver and began their pursuit. Just minutes into the chase the inexperienced driver lost control of the car and went head on into a concrete curb, which briefly sent the vehicle airborne. The car then crashed into another parked vehicle in a commercial lot and came to its final stop. Seconds later multiple police cars arrived on scene, and with guns drawn pulled the juvenile out of the heavily damaged vehicle. As the boy was pulled out of the vehicle and surrounded by close to ten police officers, another officer ran up and appeared to strike the boy after he had been detained. Seconds later the same officer appeared to stand over and strike the boy once again. The only reason that this information has come to light is the fact that the entire incident was caught on video by a news helicopter. The helicopter began following the stolen car before it ran a curb and went crashing into a vehicle. The helicopter then stopped overhead and zoomed in on the boy being pulled out of the car.
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NYTimes: More Complaints Than Proposed Solutions at Trial Over Police Searches
NYTimes: More Complaints Than Proposed Solutions at Trial Over Police Searches by Joseph Goldstein:
The judge overseeing the trial examining the constitutionality of the New York Police Department's stop-and-frisk practices had a novel idea for how to reduce illegal police stops.
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Insurance Agents and Attorneys Charged in an alleged $50 Million Insurance Fraud Scheme
The Federal Bureau of Investigation (FBI) on August 1, 2013 released the following: “SAN DIEGO, CA—United States Attorney Laura E. Duffy announced today that insurance brokers Byron Frisch and Kristian Giordano and attorneys Kasra Sadr and Brenda Barrera Merriles were arraigned today on a variety of charges related to their fraudulently causing life insurance companies […]![]()
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Promises were made to the defendant
In this drug case, defendant appeals from a judgment of the Supreme Court, Suffolk County, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty and imposing sentence.
A Suffolk County Cocaine attorney said that in June 1989, the defendant was charged with one count of criminal sale of a controlled substance in the first degree and one count of criminal possession of a controlled substance in the first degree in connection with the sale of cocaine to an undercover police officer. Later, after lengthy plea negotiations in which the defendant endeavored to secure the District Attorney's recommendation for a sentence of lifetime probation, he agreed to plead guilty to the reduced charge of criminal sale of a controlled substance in the second degree in exchange for a commitment to impose sentence of an indeterminate term of three years to life imprisonment, the minimum period of incarceration permitted upon a conviction of a class A-II felony.
During the plea allocution, the defendant admitted that he had, while acting with another, sold a quantity of cocaine in excess of two ounces to an undercover police officer. The defendant's attorney asked the court to defer formal acceptance of the plea because he wished to have his client continue cooperating with law enforcement authorities, and wanted to leave open the possibility that the District Attorney would recommend a sentence of lifetime probation. Since all believed that formal acceptance of the plea required the revocation of the defendant's bail status pursuant to CPL 530.40(3), the court, with the consent of the People, agreed to defer formal acceptance of the plea in order to give the defendant the opportunity to continue providing assistance to the police. The matter was adjourned to allow the People to monitor the level of assistance provided by the defendant.
Thereafter, the District Attorney advised the court and the defendant that the level of cooperation had been insufficient and would not result in a recommendation of lifetime probation. At this time, the defendant requested an adjournment to put his affairs in order but did not move to vacate his plea. Prior to sentencing, the undercover officer involved in the sale with the defendant was murdered. The defendant then took the position that a valid plea was never entered and that he was entitled to a trial of the original charges. Alternatively, he moved to vacate the plea in the interests of justice. By decision and order, the court denied the motion, concluding that a valid plea had been offered. The plea was thereupon formally accepted. Later, the court imposed sentence in accordance with the plea agreement. Bail was not posted.
The defendant waived his claim that there was a defect in the proceedings, since the formal acceptance of his plea was deferred at his specific request. In any event, the totality of the circumstances demonstrates that the plea was validly offered at the plea allocution. At that time, the defendant expressly agreed to plead guilty to the reduced charge of criminal sale of a controlled substance in the second degree based upon a commitment to impose sentence of an indeterminate term of three years to life imprisonment. At his lawyer's request, formal acceptance of the plea was deferred so that the defendant might remain at liberty in the hope that he would be able to assist the police in such a significant manner that a sentence of lifetime probation would be recommended. The court's action in temporarily deferring formal acceptance of the plea was for the limited purpose of giving the defendant the additional time at liberty that he sought. It did not vitiate the validity and enforceability of the plea agreement.
The defendant received the benefit of the promises that were made. After the defendant failed to meet the condition for imposition of a sentence of lifetime probation, the court properly acted to formally accept his plea, and thereupon to impose a sentence of three years to life imprisonment in accordance with the original plea agreement. The court properly exercised its discretion in denying the defendant's motion to withdraw the probation plea.
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Rockland County DA- Rush To Judgment In Fatal Boat Accident?
This past Friday, July 26, 2013, was a celebration for Brian Bond, 35, and Lindsey Stewart, 30, childhood sweethearts who were due to be married on August 10, 2013. But celebration turned to disaster quickly. After dinner at Pier 701 in Piermont, NY, the couple, along with best man Mark Lennon and two other friends, joined skipper Jojo John, 35 on his 19 foot powerboat for a nighttime ride across the Hudson River from Piermont to Tarrytown.
As is well known by now, the Tappan Zee Bridge is in the very beginning stages of replacement, and as part of that massive 3.9 billion dollar project, barges containing construction supplies have been placed on the north and south sides of the bridge. Tragically, at 10:40 PM on the evening of July 26th, which by all accounts was a clear night, the boat skippered by Mr. John struck a construction barge on the south side of the bridge, tossing Ms. Stewart and Mr. Lennon off the boat and severely injuring the remaining four passengers on the boat, including the driver Mr. John. Ms. Stewart and Mr. Lennon’s bodies were found in the Hudson River, tragically dead at the age of 30. But what caused the accident?
Immediately after the accident, newspapers were quick to call the boat ride a “booze cruise”, and editorials in local papers such as the Journal News immediately made the assumption that alcohol was to blame. However, witnesses have asserted that little alcohol was consumed by the group before they entered the boat that fateful evening, and by all accounts they were all hard working people with jobs to go to the next day.
Blood was taken from Mr. John, he has been charged with vehicular manslaughter and vehicular assault, and while recuperating at Nyack Hospital, he has been handcuffed to his bed. But shouldn’t we be waiting until definitive results have been disclosed by the State Police laboratory before we determine that Mr. John is criminally responsible for this tragedy? The legal limit for intoxication is 0.08% in New York State. What if tests reveal that Mr. John’s BAC (blood alcohol concentration) was 0.02, or 0.04, the latter of which could be the equivalent of two beers?
It is known that prior to the accident, at least one citizen, Michael Hortens, a Nyack resident, had contacted a Nyack official, Mayor Jen Laird-White, to express concern that the barges were inadequately lit, and that poor lighting would lead to a tragic accident with all the boat traffic at night during the summer on the Hudson River. Ms. Laird-White apparently did forward the letter to bridge construction officials. Hortens noted “[The barges] just seemed so potentially dangerous that I had to say something.” Hortens, a Rockland County resident and owner of an 18 foot sailboat, noted that “it was an accident waiting to happen…just a matter of time.” He declared, “to me, it’s obvious that people should have been warned or there should have been adequate lighting….my thinking is that [the barges] should be lit up like Christmas trees.” No one ever responded to Mr. Hortens from the State or local governments.
Naturally, after the accident, the State has added dozens of extra LED solar lights and battery powered lights to the barges. An official for the New York State Thruway Authority claimed that the barges met all Coast Guard requirements, which mandate that the barges must be able to be seen from one nautical mile, the equivalent of 1.15 miles or 6,076 feet.
John Schumacher, a friend of Mr. Bond and Ms. Stewart, who survived the terrible accident with serious injuries including a fractured jaw, has stated definitively that no one on the boat ever saw the barge before the accident. However, the Rockland D.A., Thomas Zugibe, seems set on presenting a criminal case to a Rockland County grand jury when Mr. John recovers sufficiently to appear in Court, possibly in September. But the question persists, is this a case of criminal conduct by Mr. John, or a case of avoidable negligence attributable to the State of New York in failing to ensure that the barges were well lit? If Mr. John was in fact intoxicated, he must properly face prosecution. However, perhaps Mr. Zugibe, and local media, should await laboratory tests and more investigation before blaming Mr. John and purported alcohol involvement for this tragedy—it is only fair.
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Petitioner contends that PD has not performed a diligent search
In this Sex Crime, Petitioner commenced this Article 78 proceeding against the respondents Police Department (PD) and its Commissioner to compel the production of records relating to raids on certain bondage, dominance, sadism and masochism establishments, pursuant to New York's...
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VINDICATION
It wasn't that long ago that the world was caving in on Attorneys Guy Lewis and Michael Tein. Judge Dresnick was holding contempt hearings into allegations they lied about the source of their fees in the defense of their client in a civil wrongful death case. Bar complaints were in the works. The Herald was giving them as much bad publicity as you will ever see two good attorneys get. And bashing them was easy: they were successful civil lawyers who by all appearances had gotten caught with their fingers in the Miccosukee cookie jar. It's called schadenfreude. The piling on included, regrettably, your blogger and this blog. There have been times that by blogging we have made grievous errors that have hurt people. Mistakenly and prematurely announcing the death of a beloved judge was one such error we will never forget, or forgive ourselves for the pain we caused his family. And believing the Herald's slanted, malicious, and downright erroneous coverage of attorneys Michael Tein and Guy Lewis was another mistake that hurt innocent people. As a criminal defense attorney, we should have known better. Then Attorney Paul Calli got involved in the case. And what he did is what we all aspire to as defense attorneys. He undertook the representation of two clients who had almost no friends left. The judge was out to get them. The media was engaging in a very public lynching of their reputations. And the Bar had opened a file. But Calli had one thing on his side: the truth. And luckily for Tein and Lewis they had the right lawyer for this seemingly impossible defense. In short order Calli turned the tables. He got his client's stories out. He successfully defended them before Judge Dresnick, exposed the other side's mendacious tactics, and carried the day in civil court. This week saw full vindication for attorneys Michael Tein and Guy Lewis as the Florida Bar closed out the complaints with a no probable cause finding and began an investigation into the attorneys for the Miccosukee tribe. The comparison in criminal court is like getting a not guilty and then having the cops arrested for lying. It was a truly remarkable feat of lawyering and one worthy of praise. So there you have it. A few lessons learned, two lawyers have their reputations restored, and one damn fine job of lawyering. Not bad. Not bad at all. Enjoy this hot summer weekend. Dolphins football starts Sunday.Site Feed
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Does A Board Need To Put A “For Sale” Sign On The Company When Considering A Change-of-Control Transaction?
When a board of directors decides to enter the company into a change-of-control transaction, the board is charged with the duty to act reasonably to secure the best value reasonably attainable for its shareholders. As the Delaware Supreme Court put Read More![]()
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Xyngular v Innutra Lawsuit
Xyngular Corporation recently sued Innutra LLC, a company that appears to be founded by a number of former Xyngers. You may recognize Xyngular as the company for which serial scammer Jennifer McKinney shills. Both companies are multi-level marketing companies that use “nutritional supplements” as the front for their recruiting schemes. Xyngular is upset because the […]
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"Uruguay takes key step toward legalizing marijuana"
From the L.A. Times: BUENOS AIRES -- Uruguay appears likely to become the first Latin American country to legalize marijuana after its lower house of Congress approved a bill to regulate and sanction the consumption of pot. Uruguay’s upper house,...
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