Alaska Dispatch on August 6, 2013 released the following: By Laurel Andrews “Prosecutors announced Monday that they will not seek the death penalty against James Michael Wells, charged with murdering two men on the Kodiak Coast Guard base in April 2012. The murders stunned the island of Kodiak – a community of about 6,000 people […]
“Federal prosecutors won’t seek death penalty for Kodiak Coast Guard killings”
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DUI in Los Angeles and Committing Acts of Animal Cruelty?
The act of driving DUI in Los Angeles is dangerous enough. But when you combine a DUI charge with animal cruelty, the situation is almost unspeakable. ![John-Thomas-Naylor-los-angeles-dui.jpg]()
People do bad things, for reasons both understandable and opaque. Bearing that in mind, let’s take a look at a recent Los Angeles Weekly story about a local man named Thomas Naylor, who was arrested on July 7th, after witnesses saw him drive DUI on Washington Boulevard. They say Naylor stopped his car, and took out a “severely ill” dog named Cruiser, and dumped the dog on the ground. Fortunately, people saw this happen, and they took the dog to get emergency veterinary care. The animal was ultimately stabilized.
The outcome was not as positive for Naylor, however.
Police tracked him down and arrested him. He was charged with DUI, driving without a license, and intimidating witnesses as well as animal cruelty. Naylor recently pled no contest to the animal cruelty charge as part of the plea deal, and he got the other charges dropped. Naylor still faces a hefty sentence, however -- a full year in county jail along with three years of formal probation.
Plus, he is no longer allowed to own a pet, and he must pay for the poor pit bull’s hospital bills.
The story does have a silver lining: Cruiser managed to heal from his sickness and get adopted into a new home.
Do Los Angeles DUI drivers always receive such hefty punishments?
One year in county jail is a long time. You can earn nearly that amount of jail time just for a conviction of a misdemeanor DUI, per California Vehicle Code Section 23152(a) or 23152(b).
But punishment for Los Angeles DUI is not just limited to jail time.
Other kinds of nastiness may await you, even for a first time, non-injury misdemeanor DUI:
• The court may compel you to pay for and install an interlock ignition device (IID) in your vehicle. This machine will prevent you from operating your car or truck, unless you blow a sober breath into the machine;
• Mandatory alcohol education school;
• Spikes in your auto insurance rates (almost inevitable, if you're convicted of DUI);
• A California driver’s license suspension;
• Stringent terms of probation;
• Serious court costs, fees, fines, etc.;
• Points on your license;
• Ratcheted punishments if/when you ever get arrested and convicted again for DUI or other crimes in Southern California.
So what can you do?
First and foremost, if you haven't spoken with an experienced Southern California DUI defense attorney, connect with one ASAP. Michael Kraut is a Harvard Law School educated former prosecutor who has a wide range of experience with DUI cases. When he was a prosecutor, he earned a success rate in jury trials in excess of 99%. Connect with attorney Kraut now for help.
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People do bad things, for reasons both understandable and opaque. Bearing that in mind, let’s take a look at a recent Los Angeles Weekly story about a local man named Thomas Naylor, who was arrested on July 7th, after witnesses saw him drive DUI on Washington Boulevard. They say Naylor stopped his car, and took out a “severely ill” dog named Cruiser, and dumped the dog on the ground. Fortunately, people saw this happen, and they took the dog to get emergency veterinary care. The animal was ultimately stabilized.
The outcome was not as positive for Naylor, however.
Police tracked him down and arrested him. He was charged with DUI, driving without a license, and intimidating witnesses as well as animal cruelty. Naylor recently pled no contest to the animal cruelty charge as part of the plea deal, and he got the other charges dropped. Naylor still faces a hefty sentence, however -- a full year in county jail along with three years of formal probation.
Plus, he is no longer allowed to own a pet, and he must pay for the poor pit bull’s hospital bills.
The story does have a silver lining: Cruiser managed to heal from his sickness and get adopted into a new home.
Do Los Angeles DUI drivers always receive such hefty punishments?
One year in county jail is a long time. You can earn nearly that amount of jail time just for a conviction of a misdemeanor DUI, per California Vehicle Code Section 23152(a) or 23152(b).
But punishment for Los Angeles DUI is not just limited to jail time.
Other kinds of nastiness may await you, even for a first time, non-injury misdemeanor DUI:
• The court may compel you to pay for and install an interlock ignition device (IID) in your vehicle. This machine will prevent you from operating your car or truck, unless you blow a sober breath into the machine;
• Mandatory alcohol education school;
• Spikes in your auto insurance rates (almost inevitable, if you're convicted of DUI);
• A California driver’s license suspension;
• Stringent terms of probation;
• Serious court costs, fees, fines, etc.;
• Points on your license;
• Ratcheted punishments if/when you ever get arrested and convicted again for DUI or other crimes in Southern California.
So what can you do?
First and foremost, if you haven't spoken with an experienced Southern California DUI defense attorney, connect with one ASAP. Michael Kraut is a Harvard Law School educated former prosecutor who has a wide range of experience with DUI cases. When he was a prosecutor, he earned a success rate in jury trials in excess of 99%. Connect with attorney Kraut now for help.
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Heroin Use Among Teens and Young Adults: Dallas, Fort Worth Suburbs Will See More Heroin Arrests as Popularity of Heroin Continues to Rise
Heroin is here, in a big way. Heroin is a very popular drug among lots of young people for several reasons: this is a reality known to most Dallas area criminal defense lawyers, but only recently has the popularity of heroin use among middle class users become known to the public that doesn’t deal with...The post Heroin Use Among Teens and Young Adults: Dallas, Fort Worth Suburbs Will See More Heroin Arrests as Popularity of Heroin Continues to Rise appeared first on Dallas Justice.
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The defendant was convicted of grand larceny in the fourth degree
In the first grand larceny case, Defendant was indicted for burglary in the third degree, attempted grand larceny in the first degree, and possession of burglar's instruments, as a misdemeanor. The defendant desired to plead guilty to attempted grand larceny in the second degree to cover the entire indictment. Prior to accepting the guilty plea, the court asked defendant if he had entered the premises which he was charged with burglarizing with intent to steal money, and defendant responded that he had such intent but that there was no money on the premises. The criminal defendant was permitted to withdraw his plea of not guilty and to plead guilty to attempted grand larceny in the second degree to cover the entire indictment.
The Supreme Court, Queens County convicted the defendant, on his plea of guilty, of attempted grand larceny in the second degree. The Appellate Division affirmed the judgment of the Supreme Court. The defendant appealed to the Court of Appeals by permission of a Justice of the Appellate Division. The defendant contended in the Court of Appeals that the trial court erred in accepting his plea of guilty since the facts elicited from him by the Supreme Court did not establish the commission of attempted grand larceny, which required an attempt to take property of any value from any person or to take property in excess of a specified value in any manner. The People contended in the Court of Appeals that the fact that the defendant did not find any money on the premises did not make acceptance of his plea of guilty to the reduced charge improper.
In another grand larceny case, defendant appealed a judgment of the Supreme Court, Queens County convicting him of grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree, possession of burglar's tools, and jostling (three counts), upon a jury verdict, and sentencing him as a persistent felony offender to an indeterminate term of incarceration of 15 years to life on the count of grand larceny in the fourth degree, a determinate term of incarceration of one year on the count of criminal possession of stolen property in the fifth degree, a determinate term of incarceration of one year on the count of possession of burglar's tools, and determinate terms of incarceration of one year on each of the three counts of jostling, all to run concurrently. The court ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant's adjudication as a persistent felony offender, and reducing the defendant's term of imprisonment for grand larceny in the fourth degree from an indeterminate term of imprisonment of 15 years to life to an indeterminate term of imprisonment of 2 to 4 years as a second felony offender; as so modified, the judgment is affirmed.
The defendant was convicted of grand larceny in the fourth degree based on evidence that he took the sum of $22 out of the pocket of an elderly man. He was also convicted of possession of stolen property in the fifth degree, jostling (three counts), and of possession of burglar's tools, to wit, the sweatshirt which he used to cover his hand while pickpocketing.
Prior to trial, the trial court ruled, after a hearing, that to demonstrate the defendant's intent and the absence of mistake or accident, the People could introduce evidence that the defendant previously had been arrested by the same officers who arrested him for the instant crimes, on another occasion when he used a sweatshirt to cover his hand while pickpocketing. Under the circumstances of this case, the evidence of the defendant's prior crime and his modus operandi on the prior occasion was properly admitted, with limiting instructions, to show intent.
With respect to the adjudication of the defendant as a persistent felony offender, the court based that adjudication solely upon the defendant's criminal record of misdemeanors and low-level felonies involving primarily pickpocketing offenses. In response, the defendant presented evidence of his good character. In light of the specific nature of the defendant's criminal history and the totality of the evidence adduced at the hearing, the persistent felony offender adjudication should be vacated. Accordingly, the defendant should be sentenced for grand larceny in the fourth degree—a class E felony—to an indeterminate term of imprisonment of two to four years, which is the maximum permissible sentence for a second felony offender convicted of that crime.
In light of the court’s determination, the defendant's challenge to the constitutionality of the persistent felony offender statute has been rendered academic. The defendant's remaining contention is without merit.
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OH - Ex-deputy (Michael Gouge) sentenced in student sex case
Michael Gouge
Original Article
08/06/2013
By Mark Caudill
MANSFIELD - A former Richland County Sheriff’s deputy tried to hide his sexual relationship with a student while he was teaching at Pioneer Career and Technology Center.
Michael Gouge, 47, was sentenced Monday to one year in prison for sexual battery. He pleaded guilty in June.
Richland County Common Pleas Judge James DeWeese said Gouge was not forthcoming when Pioneer officials confronted him about rumors of the...
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AZ - Former TPD officer (Martin Ward) pleads guilty to child porn distribution
Martin Ward
Original Article
08/05/2013
By Jackie Kent
TUCSON - A former Tucson Police officer has pleaded guilty to sexual exploitation of a minor.
Martin Ward entered his plea in court Monday morning.
In March, detectives investigating the distribution of child pornography online traced a file to an Internet address belonging to the former officer.
U.S. Marshals arrested Ward in Prescott back in June, after he reportedly fled the Tucson area.
Ward resigned from TPD last...
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License Tag Covers - Worth the Possible Stop?
On the way to take my son to daycare this morning I pulled behind a vehicle much nicer than mine when I noticed a small problem. At the next red light, I snapped this picture to share with our readers. ![License Plate Problem.jpg]()
As you can see, the driver of this vehicle is a New Orleans Saints fan (I'm gonna guess post-2005 when all the Saints fans came out of the woodwork). He's proudly displaying his loyalty to his NFL team by placing a mighty fine tag cover around his license plate. What he probably does not realize is that he is giving any law enforcement officer probable cause to pull him over.
The Mississippi Code, specifically in 27-19-31, states in relevant part: "Any person who...covers any portion of a license tag with any sticker, decoration, paint, marking, license plate bracket or holder...in such a manner that the characters and any legally affixed decals on the tag cannot be read, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Twenty-five dollars. ($25.00)" The statute goes on to say that it's acceptable for the county name at the bottom of the tag to be partially or completely covered.
Look at that tag again. Can you tell when the tag expires? I think I can, but the answer is completely within the discretion of the person answering the question. I am willing to bet the driver of this vehicle can afford the $25.00 fine and the ridiculously high court costs that get tacked on to each traffic violation, but the fine is hardly the problem. If you are anything like me, you enjoy living your life without governmental interference, even from law abiding law enforcement officers. Displaying my loyalty to a certain team through a tag holder is not worth it to me. Usually we just keep the tag holder on the vehicle from when we purchased the car. Car dealerships love it when we're lazy. We become driving billboards for their dealership. These tag holder often cover parts of the tag in violation of 27-19-31.
If you are arguing with the officer that you think you can see all the portions of your tag that need to be seen, you have already lost. It isn't enough that you could "win your case in court." Do you want to be stopped at all? No. The tag holder gives the officer the reason he/she needs to stop you, temporarily detain you, and "get in your business."
Display your team loyalty, collegiate affiliation (real or imagined), fraternal organization, etc. in some other way that does not cover your license plate. Do not give law enforcement officers the probable cause they need to pull you over.
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As you can see, the driver of this vehicle is a New Orleans Saints fan (I'm gonna guess post-2005 when all the Saints fans came out of the woodwork). He's proudly displaying his loyalty to his NFL team by placing a mighty fine tag cover around his license plate. What he probably does not realize is that he is giving any law enforcement officer probable cause to pull him over.
The Mississippi Code, specifically in 27-19-31, states in relevant part: "Any person who...covers any portion of a license tag with any sticker, decoration, paint, marking, license plate bracket or holder...in such a manner that the characters and any legally affixed decals on the tag cannot be read, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Twenty-five dollars. ($25.00)" The statute goes on to say that it's acceptable for the county name at the bottom of the tag to be partially or completely covered.
Look at that tag again. Can you tell when the tag expires? I think I can, but the answer is completely within the discretion of the person answering the question. I am willing to bet the driver of this vehicle can afford the $25.00 fine and the ridiculously high court costs that get tacked on to each traffic violation, but the fine is hardly the problem. If you are anything like me, you enjoy living your life without governmental interference, even from law abiding law enforcement officers. Displaying my loyalty to a certain team through a tag holder is not worth it to me. Usually we just keep the tag holder on the vehicle from when we purchased the car. Car dealerships love it when we're lazy. We become driving billboards for their dealership. These tag holder often cover parts of the tag in violation of 27-19-31.
If you are arguing with the officer that you think you can see all the portions of your tag that need to be seen, you have already lost. It isn't enough that you could "win your case in court." Do you want to be stopped at all? No. The tag holder gives the officer the reason he/she needs to stop you, temporarily detain you, and "get in your business."
Display your team loyalty, collegiate affiliation (real or imagined), fraternal organization, etc. in some other way that does not cover your license plate. Do not give law enforcement officers the probable cause they need to pull you over.
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Illinois Judge Orders DNA Testing in Murder Case
Nearly four decades after an Illinois man was initially convicted of the murders of a brother and sister in their home, a judge ruled that several pieces of evidence could undergo DNA testing, reported the Journal Star. Johnnie Lee Savory spent 30 years behind bars before being released in 2006. Five years later, Illinois Gov. Pat Quinn commuted his sentence and ended his parole. In Tuesday's ruling, Peoria County Circuit Judge Steve Kouri said that the order doesn't allow for a new trial and that DNA testing could be conducted at Savory's own expense.
"This means hope for Johnnie," said Joshua Tepfer, an attorney with the Northwestern University's Center on Wrongful Convictions. "He has wanted this and fought for this and a team of advocates and friends have fought for this for more than 20 years, or since this technology became available."
Savory, who has maintained his innocence, was tried twice. He was found guilty in the stabbing deaths of Connie Cooper, 19, and her brother, James Robinson, 14, in June 1977. His first conviction was overturned when the Third District Illinois Appellate Court ruled Savory's alleged confession involuntary. He was retried in 1981 and found guilty again. Two years later, two of the witnesses recanted their testimony. Among the pieces of evidence being tested are items the investigators deemed relevant to the case back in 1977. They include the purported murder weapon, a knife taken from Savory's pants, the pants Savory was wearing, fingernail clippings from Copper and Robinson as well as a bloody light switch plate. Kouri noted in his order that the blood evidence used against Savory was only able to identify the group type, which is far less probative than DNA.
"Type O blood type is found in approximately one in two people and Type A is in approximately one in three people," Kouri wrote. "Can it be imagined that such rudimentary 'scientific' evidence would be presented and argued to a jury in a courtroom today, particularly in a double-homicide trial?"
The Center on Wrongful Convictions already has a Texas-based DNA testing firm lined up, and Tepfer is optimistic about the results. Read the full article.
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NY - Middletown man (Richard Brown) admits shooting neighbor
Richard Brown
Original Article
So if what this man did wasn't because his neighbor was an ex-sex offender, why bring it up?
08/07/2013
By Heather Yakin
GOSHEN - A Middletown man pleaded guilty Tuesday in Orange County Court to first-degree manslaughter in the shooting death of his neighbor, a registered sex offender.
Richard Brown, 69, took the plea in Orange County Court, admitting that he shot and killed 54-year-old [name withheld] on Wickham Avenue the night of Feb. 6, 2012....
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The General Construction Law sets forth certain rules for the construction
The defendant man charged with Criminal Possession of a Controlled Substance in the Seventh Degree, Criminally Using Drug Paraphernalia in the Second Degree and Unlawful Possession of Marijuana moves to dismiss the accusatory instrument on speedy trial grounds alleging that...
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Contemptuous Husband Goes to Jail With Louis Vuitton Overnight Bag
Scot and Michelle Young of London, England separated in 2006. At the time Mr. Young was a real estate tycoon with over $400 million in assets. The couple married in 1995, had two children, Scarlett and Sasha, and lived in a $14 million Oxfordshire mansion. Young once bought his wife a Range Rover filled with […]
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"Without Comprimise" Stories of the Idaho State Police
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
IDAHO STATE POLICE NEWS RELEASE
Teresa Baker
Public Information Officer
Headquarters 700 S. Stratford Dr., Meridian 83642
(208) 884-7122
Fax (208) 884-7087
For Immediate Release: 08/08/13 at 11:00 a.m.
MERIDIAN - "Without Compromise" Stories of the Idaho State Police
The role of Idaho's finest in maintaining law and order and serving
its citizens over the past 75 years.
MERIDIAN - It has been a journey ranging from barely-functioning motor vehicles and hardly-there roads to high-tech computer systems and biotechnology - a long way. Some of what the Idaho State Police does emerges in newspaper headlines and local television news reports, but only pieces of it, as glimpses of the larger story. Without Compromise tells the story of what lies behind those headlines, and of the often remarkable men and women involved.
Author Kelly Kast has spent years researching the history and interviewing scores of current and former members of the Idaho State Police, and has emerged with a remarkably detailed and engrossing story of Idaho.
"The history of the Idaho State Police has never been written in such detail and with the truly personal stories of those who have sacrificed to serve our citizenry," said Colonel Ralph Powell, Director of the Idaho State Police. "We are grateful that these stories have been captured and are now being told. This book not only honors our heritage, but it sets the standard of professionalism without compromise for those who serve in our ranks today and for those who will follow."
The book is being published in celebration of the 75th Anniversary of the Idaho State Police with events being planned throughout the 2014 calendar year.
Without Compromise is available in soft cover or hardbound through Idaho's own Ridenbaugh Press at www.ridenbaugh.com. The cost for the book is $20.54 for soft cover and $31.60 for hardbound, including shipping. Proceeds from the sale of the book will benefit the Idaho State Police Association, a non-profit organization comprised of current and retired ISP employees.
About Kelly Kast
Kelly Kast is a native Idahoan and "amateur historian" who counts reading and writing about the unique history of Idaho as one of her top three favorite things to do. Kast is a civilian employee of the Idaho State Police in District 4 in Jerome. Kast and her husband, Dalen, also own and operate a 550-head cattle ranch near Bliss, Idaho where she also enjoys every opportunity to explore the rare and distinctive geology of Idaho's south-central desert with her five children. She has published numerous articles with IDAHO Magazine and has published in other regional and national magazines. Prior to her service with the Idaho State Police, Kast was a staff writer and then editor of the Gooding County Leader. Kast's love of history and writing can be traced to her duties as an all-source intelligence analyst during her service in the United States Army.
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"Why I changed my mind on weed"
The title of this post is the headline of this lengthy new commentary by Dr. Sanjay Gupta, CNN's Chief Medical Correspondent. Here is how it gets started: Over the last year, I have been working on a new documentary called...
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Broker-Dealers: The New Frontier for SEC Enforcement
In a split vote last week, the SEC adopted new rules designed to increase protections for customers who invest money and securities with broker-dealers. Recent rulemaking and statements made by the SEC have highlighted the fact that broker-dealer regulation is Read More
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Tricked by Meth
Hello, Back in January 2007 I was working up in the Dallas/Fort Worth during their gas boom. Feeling overworked and stressed out from the numerous days of Pipelining I decided to try “Speed” to give my that little extra boost. [...]
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The Honeymoon is Over: Post-DOMA, Same-Sex Couples Now Spouses For Purposes of the Securities and Exchange Act Rules
The Supreme Court in U.S. v. Windsor held that the federal Defense of Marriage Act’s (DOMA) section defining marriage as between a man and woman is unconstitutional because it violates the Fifth Amendment’s equal protection clause. Under Section 3 of Read More
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The 5 Greatest Movie Attorneys of All Time
They say the best attorneys are the ones who can take command of the courtroom, and the same principle applies to actors on the big screen. That’s why we thought it would be interesting to rank the top five movie attorneys of all time. Take a look at the list below, and if you think we […]The post The 5 Greatest Movie Attorneys of All Time appeared first on The Appelman Law Firm Law Blog
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Where There’s Thunder, There’s Lightning: SEC’s Investigation of IBM’s Cloud Computing Accounting May Be a Harbinger of a New Enforcement Focus
Cloud computing may be the next shoe to drop. On the heels of Mary Jo White’s recent appointment as Chairman of the SEC and predictions that it may refocus enforcement on accounting fraud came word last week that the Commission Read More
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The court finds that the alleged conduct is sufficient to substantiate the charges of petit larceny
Defendant was arrested in January 2002 and charged with four counts of petit larceny. On said date, defendant was arraigned and pleaded not guilty. After a discussion with counsel, the court granted defendant leave to serve an omnibus motion. According...
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Assault With A Deadly Weapon
In California, Assault With A Deadly Weapon (ADW) is defined as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. Simple Assault is defined as an unlawful attempt, coupled with a present ability to commit a violent injury on another person.
It is surprising what can be considered a deadly weapon. Clients come to me after being arrested for ADW and ask me how they can possibly be charged with this crime when they had no weapon. They are always shocked when I explain to them that even something as seemingly innocent as a shoe can be considered a weapon. One of the elements of this charge is “assault that is committed by means of force that is likely to cause great bodily injury to another.” So, using the example of a shoe, if someone is being kicked repeatedly in the head and/or other parts of the body, the District Attorney can charge you with ADW, alleging that the shoe was the deadly weapon.
A “deadly weapon” is defined as any object that is capable of producing death or great bodily injury to a person. For example, swinging a beer bottle at another, threatening to stab someone in the neck with a sharp pencil or using your car to hit another person or another person’s car while they are inside, all qualify as deadly weapons.
ADW is usually charged as a felony. However, the prosecution can decide to file it as a misdemeanor depending upon the circumstances. This is referred to as a “wobbler” meaning that it can go either way. In deciding whether to file as an ADW felony or as a misdemeanor, three important facts must be determined:
1) The type of weapon allegedly used;
2) Whether or not the alleged victim sustained injuries and if so, how serious; and
3) The nature of the victim. Meaning, was the alleged victim an officer, firefighter or other “protected” person.
To be convicted of ADW, the prosecution must prove that the defendant did assault someone (keeping in mind the legal definition of assault) and that the assault was committed with a deadly weapon, or other means of force likely to cause great bodily injury.
Unfortunately, innocent people are accused of ADW all the time. The accuser often times exaggerates or lies to the police officers when, in reality, it may have been an act of self-defense or defending another.
Fortunately, there are defenses to Assault with a Deadly Weapon. Having an experienced criminal defense lawyer who has experience in defending ADW charges is curtail. Because the alleged victim does not have to have sustained any injury in connection with the ADW charge, it is easy to be falsely accused of and arrested for this crime.
A skilled Criminal Defense Attorney will be familiar with the different types of defenses available to someone being charged and will know how to present these defenses to the prosecution in order to get the best possible outcome. These defenses include:
1) The inability to actually carry out the assault;
2) Self-defense or defense of another;
3) Consent (an example would be participation in a fight club);
4) Lack of intent;
5) Insufficient evidence; and
6) Misconduct or failure to follow proper procedure by the law enforcement agency.
Anyone being accused of Assault With A Deadly Weapon, should seek the advise of an attorney who is familiar with all the Courts in the County within which the case is pending. An attorney, who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be in a better position to get the charges dismissed or reduced.
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More Pages to Explore .....
