In a criminal case, the chief point urged on appeal by defendant is that the court had previously accepted a plea of guilty to the lesser crime of attempted criminal possession of a dangerous drug in the fourth degree, a...
Both defendants moved to exclude any evidence of prior convictions of the defendants
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Salon.com: The NSA-DEA police state tango
Salon.com: The NSA-DEA police state tango | This week's DEA bombshell shows us how the drug war and the terror war have poisoned our justice system by Andrew O'Hehir:
[...] Read more!
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CNET: FBI pressures Internet providers to install surveillance software
CNET: FBI pressures Internet providers to install surveillance software by Declan McCullagh:
[...] Read more!
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Rhode Island DUI Defense Attorney
If you or a loved one is facing a Rhode Island DUI Charge or a Rhode Island Breathalyzer Refusal Charge, contact Attorney Matthew Marin today for a free, confidential consultation regarding your case. We are available 24/7 at 401-228-8271. For more information, visit our Website.Follow @RICriminalDef
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"Stacking" Sentences in Texas. What is the law on Cumulative Sentences?
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Sometime in 1973, larceny, and other related crimes, was the subject of chapter 811 of the Florida Statutes (1973)
An appellant was charged in an Information captioned as "Information for Retail Theft." Under the body of the information, it was charged that appellant did unlawfully take possession of, or carry away, merchandise of a value of $100 or more, with the intent to deprive the owner of the full retail value of said property; contrary to the Florida Statutes.
At trial, it was apparent that appellant, appellee, State of Florida and the court considered that appellant was charged with and tried for grand theft of the second degree. Appellant consented to the verdict form that had three options for the jury: guilty of grand theft as charged, guilty of petit theft as included and not guilty. The jury selected the option of guilty of grand theft as charged.
At the charge conference, the appellant requested for a specific instruction as to the definition of market value, and urged upon the trial judge the classic definition of what a willing seller was willing to accept and a willing buyer was willing to pay when neither was compelled to sell or buy. However, the appellee successfully urged upon the trial judge the definition of retail theft as contained in the Standard Jury Instructions in Misdemeanor Cases. The trial judge agreed with the appellee specifically stating that they were dealing with market value. On that day, as the jury returned its verdict, the trial judge entered a judgment which adjudicated appellant guilty of Retail Theft with the words Grand Theft entered parenthetically thereunder, and citing 812.014/812.015 as the Offense Statute Number/s. Sentencing was thereafter continued pending completion of the pre-sentence investigation. On the day of the sentencing, inexplicably, another judgment was entered which adjudicated the appellant guilty of Retail Theft but this second judgment stated only retail theft as the crime for which the appellant was convicted. While that judgment made no reference to Grand Theft, it cited as the Offense Statute Number/s only section 812.014(2)(b)(1).
In the landmark case of Tobe in 1983, the Third District Court of Appeals held that under section 812.015, retail theft of merchandise where its sale value is alleged and proved is a second degree misdemeanor, separate and apart from the theft under section 812.014. An instruction on the said offense can be found in The Standard Jury Instructions in Misdemeanor Cases. Here, however, the court cannot conclude the same. While section 812.015(1)(d) defined retail theft, it does not provide for any specific punishment for retail theft, nor does it designate a felony or a misdemeanor. Punishment with regard to theft is only mentioned in section 812.015(2), and that subsection is an enhancement provision that refers to a second or subsequent conviction for petit theft involving merchandise. Indeed, Section 812.014(2)(c) provides that theft of any property not specified in section 812.014(2)(a) or (b), is petit theft and a misdemeanor of the second degree. However, theft of merchandise offered for sale in a retail establishment, when the sale price is $100 or more, is included in section 812.014(2)(a) or (b). The court cannot perceive when the "value of merchandise", as defined in section 812.015(1)(c), would ever be less than the market value of the property at the time and place of the offense, as value is specifically defined in section 812.012(9)(a). Thus, if the sale price of merchandise is $100 or more, the theft of that merchandise is clearly an offense under section 812.014(2)(a) or (b), and if less than $100, it is petit theft under section 812.014(2)(c). An analysis of the legislative history of what are now sections 812.014 and 812.015 of the Florida Statutes (1981) would show that there is no separate crime of retail theft of merchandise where value is alleged and proved.
Sometime in 1973, larceny, and other related crimes, was the subject of chapter 811 of the Florida Statutes (1973). The criminal offense then, commonly known as shoplifting, was a specific criminal offense defined in subsection 811.021(1)(d) of the general larceny statute, or section 811.021 of the Florida Statutes (1973). Section 811.022 of the Florida Statutes (1973) was entitled "Shoplifting; penalties; prima facie evidence of concealment; detention and arrest; exemption from false arrest." Nonetheless, irrespective of what the title stated, section 811.022 of the Florida Statutes (1973) merely set forth the arrest procedures and exemptions from liability therefrom and, as provided for in its subsection, 811.021(1)(d), when there was probable cause for arresting a person for the offense of shoplifting. In section 40, chapter 74-383, Laws of Florida (1974), the legislature redefined larceny and transferred the larceny statute from section 811.021 to section 812.021. Shoplifting continued to be defined as a specific offense in subsection 812.021(1)(d). However, section 65, chapter 74-383 transferred section 811.022, which dealt with the arrest procedures in a shoplifting case, to chapter 901 being the chapter of Florida Statutes entitled "Arrests." In 1975, the legislature, in chapter 75-144 thereof, changed the title of section 901.34 from shoplifting to retail theft, and added a penalty for resisting arrest. In 1977, the legislature enacted chapter 77-342 of the Laws of Florida (1977) which, among other things, repealed section 812.021, the general larceny statute, and enacted in its place the new theft statute which is now section 812.014 of the Florida Statutes (1983). In 1978, by chapter 78-348, the legislature again amended section 812.014 of the Florida Statutes (1977) to add "knowingly" to the definition of theft. At the same time, the retail theft arrest statute, section 901.34, was repealed and re-enacted with amendments as section 812.015. This new section still did not create a crime of retail theft of merchandise separate from the theft provided for in section 812.014. While it is true that it did enhance the penalties on a second or subsequent conviction for petit theft and provided more detailed arrest procedures, it created no new crime of retail theft of merchandise where its sale value is alleged and proved.
In conclusion, the trial judge's statement that he did not think they were dealing with market value was not entirely correct. Nonetheless, the instructions he gave were sufficiently free from error which do not to require a reversal. While the trial judge did instruct the jury that the appellant was accused of retail theft, he nevertheless explained that the punishment for the crime of theft is greater depending upon the value of the property and proceeded to instruct on grand theft and petit theft. It must be noted that the trail judge then proceeded to instruct the jury that value of merchandise means the sale price of the merchandise at the time it was stolen. That was correct. Instead of creating a separate crime of retail theft of merchandise by enacting section 812.015, the legislature provided a standard by which the market value of property stolen from a retail establishment is determined. In all such cases, a jury's search for market value need not proceed beyond the determination of the sale price of the items stolen at the time of the theft. While the issue here has not been brought before the court’s attention, the people must know that a charge could be made under section 812.015 in regard to the taking or carrying away of merchandise, altering or removing a label or price tag, transferring merchandise from one container to another, removal of a shopping cart, or theft of farm produce where the element of value is not alleged, or if alleged, not proved. In that instance, the offense would be a misdemeanor of the second degree pursuant to section 812.014(2)(c).
Accordingly, the court affirmed the appellant's conviction and sentence but remanded the matter to have the judgment dated 29 March 1983 reflect that the crime for which the appellant was convicted was grand theft as provided in section 812.014.
To sum it all up, the appeal presented a rather confused record in regard to the exact crime with which the appellant was charged and convicted. In sorting through the confusion, the court must decide whether or not retail theft of merchandise as defined in section 812.015 of the Florida Statutes (1981) where value is alleged and proved is a separate criminal offense from theft as contemplated by section 812.014 of the Florida Statutes (1981). The court held that it is not and, in doing so, was in conflict with the landmark case of Tobe v. State.
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NTSB Makes Surprising Move Regarding Lower BAC Limits
The National Transportation Safety Board announced last month that it would push for states to lower their legal BAC limits. The move, a surprise to many experts, is aimed at lowering the legal limit from 0.08 percent to 0.05 percent.
In Missouri, the current limit for impaired driving is a 0.08 percent blood alcohol concentration. Above that level drivers in the state are considered legally impaired while behind the wheel and are subject to arrest and conviction for DUI. The NTSB says that this level should be lower, reflecting the danger that even buzzed drivers present to the public.
Currently, every state in the country has a 0.08 legal limit. The NTSB says the U.S. should move in the direction of Europe and dozens of other countries that have lowered their legal limits to 0.05 percent or even lower. In fact, Sweden recently lowered the legal limit from 0.05 percent to 0.02 percent, a level unimaginable to many in America.
The goal of the lowered level, according to the NTSB, is a reduction in the number of drunk driving deaths that occur across the country every year. The NTSB says that it believes such a reduction would lead to a saving of between 500 and 800 lives each year. The agency says that America needs to get even stricter with drunk driving offenders and one good way to do that is through lower BAC levels.
Opponents of the measure have come out harshly against the proposal, saying that the recommendation targets the wrong people. Even Mothers Against Drunk Driving, typically a vocal proponent of such measures, has said that it is neutral about the proposed BAC decrease. MADD has said that it believes more efforts should be devoted to keeping repeat drunk drivers and those with incredibly high BAC levels off the road, and that the new proposal would instead target social drinkers, a group that is not responsible for most deadly accidents.
In fact, the numbers back up this belief. According to some surveys, the average BAC for a person involved in a fatal drunk driving accident is 0.15, almost twice the current legal limit. The evidence shows that it is not casual drinkers that pose serious harm to the public, but the uncontrolled alcoholics that should be further restricted.
Though all the percentages may not mean much to most Missourians, the real world impact of such a BAC drop would require a serious change in drinking behavior. Under the current law, an average 180-pound male can consume four drinks in an hour before hitting the 0.08 limit. Under the new rules, this would drop to between two and three drinks. For women or smaller men the number of drinks drops further still. Were such a change to go into effect there would have to be serious alterations in the way people drink while out at social gatherings or else they would face the prospect of a drunk driving arrest.
If you've had a run in with the law and find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.
Source: "NTSB recommends lowering blood alcohol level that constitutes drunken driving," by Tom Costello, published at NBCNews.com.
See Our Related Blog Posts:SR-22 Insurance after a Missouri DWI - Select Insurance TeamWill Missouri move towards mandatory ignition interlock devices for DWI offenders?
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Western States and Marijuana Laws
Utah is definitely not one of the marijuana friendly states in the west. Most people have probably heard that Colorado and Washington have decriminalized marijuana for personal use. Additionally, California has made small personal use charges infractions (something more akin … Continue reading →
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Dash-Cam Video Shows Woman’s Arrest During Diabetic Episode
Santa Fe. NM. July 19 — Shocking dash camera footage shows a diabetic woman being dragged out of her car by Santa Fe County sheriff deputies, all while she was having a diabetic episode. Even more alarming she’s just left handcuffed on the pavement.
Right now, the sheriff said some things should have been done [...]
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There is an element of fortuitousness here
This is a motion by the complainants to reargue a prior decision of the County Court suppressing evidence. The complainants contend that the Court of Appeals compels the conclusion that, contrary to the prior holding of the County Court, none...
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MI - Detroit community beats ALLEGED rapist of 15 yr. old after slow police response
Original Article
Just because someone is accused of a crime doesn't make it true. Everybody who was involved in beating this person should be arrested for assault!
08/11/2013
By Julie Banovic
DETROIT - Community members in one Detroit neighborhood took matters into their own hands and beat an accused rapist of a 15-year-old girl with Down Syndrome after they say Detroit Police failed to respond.
Friday marked the 23rd day without an arrest after the 15-year-old victim said a man...
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Tough-on crime approach under increasing scrutiny, criticism
Anyone who watches reruns of 1970s criminal law dramas on television can readily conjure up the prototypical portrayal of the American landscape that featured at the time: urban areas ridden with social instability, drug dealers openly plying their wares on...
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Pretrail Hearing in Michael Jacques Case in Vermont - Update
"Brooke Bennett case: US withdraws death penalty," by Wilson Ring of the AP, via the Rutland Herald. Michael Jacques of Randolph Center sits in court in 2008 after being indicted in the death of his 12-year-old niece. Federal prosecutors said...
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Difusión y Apoyo al Deporte
DIFUSIÓN Y APOYO AL DEPORTE
He meditado largamente antes de
decidirme a opinar sobre la difusión del deporte en nuestro País.
El sábado 10 de agosto, se inició el 13°
Campeonato Mundial de Atletismo; salvo dos medios televisivos (ambos del mismo
grupo económico) que trasmitirán el
evento hasta el día de la clausura, domingo 18 del mes en curso, la única
noticia de los medios impresos ha sido el triunfo de Usain Bolt en los 100
metros planos y ello como una nota más dentro de la atosigante información
sobre el negocio futbolero.
Si revisamos la prensa escrita del día
lunes 12, la única nota es la del jamaiquino Bolt, en cualquiera de los diarios
que la conforman, desde el decano hasta los llamados “diarios chicha”.
Pensé que resultaría muy interesante, a
efectos de ponderar la gravedad en la que se encuentra el Deporte, indicar
algunos nombres y pedirles identificarlos con alguna disciplina deportiva, he
aquí los escogidos arbitrariamente por este articulista:
Nestor Raúl Rossi, Omar Sívori, Adelfo
Magallanes, Gerardo Di Tolla, Kid Pambelé, Ismael Laguna, Alejando Lavorante, Jhnny Bello,
Orestes Rodríguez, Jorge Labruna, Sugar Ray Leonard, Roberto Durán, Domingo
Juantorena, Jesse Owens, Consuelo Changanaquí, José Raúl Capablanca, Miguel
Tahl, Emilio Córdova, Carmela Bolivar, Valey Brummel, Fernando Arbulú, los
hermanos Buse, Luís Sotomayor, Huaqui Gomez Sánchez, Rafael Asca, Pedrito Ruiz,
Marcos Calderón, Raúl Rui Díaz, Mark Spitz, Foxbury, Garry Kasparov, Magnus
Carlsen, Mauro Mina, José Andrés Pérez Alcocer.
Podría seguir, pero es suficiente para
la finalidad de esta nota.
Naturalmente el conocimiento de los
nombres y la actividad a la que estaban relacionados, merece a quien los pueda
identificar mi calurosa felicitación. Les propongo, sin recurrir a la web, pues
el autor los ha recordado mientras escribía, envíen un correo al Diario !en este instante! indicando que deporte practicaban los nombrados.
En mi opinión, amable lector, el negocio
del fútbol le hace mucho daño a un País
con educación muy pobre, en términos generales, como es el nuestro, al punto
que, un pintoresco personaje, digno de las tiras cómicas, puede decir sin
sonrojo alguno: “hagan lo que digo porqué sino la FIFA nos desafilia”, esta admonición
(la FIFA nos desafilia) representa para un pueblo que muy poco puede dar a sus
semejantes por las razones antes escritas o al gobernante de turno, la sentencia
de su desgracia sino se obedece al lugarteniente de la oscuridad que la
instala en cada uno de los cerebros de mis compatriotas.
Termino regresando al Mundial de
Atletismo, ¿Cuántos peruanos participan?. ¿Sabe usted algo al respecto estimado
amigo?, !Comparta-lo por favor!.
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Posts categorized "Religion"
The Religion News Service posts "7 Questions: ending the death penalty," by Michael J. O'Loughlin. He interviews Karen Clifton. Here is the begining. Karen Clifton is the executive director of the Catholic Mobilizing Network, a Washington, DC, based Catholic group...
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Corruption
There is an ilk of lawyer practicing in federal criminal court that gets a great deal of retained business through the jails: an incarcerated client talks up the lawyer and the miracles he can work to his cellies, some of … Continue reading →
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DUI Arrests Ranked High Among Orange County Cities
Orange County law enforcement agencies have been aggressively tackling the DUI problem for several years now, pushing for more saturation and grants for DUI checkpoints. Officers on foot patrol have also been put in place in an effort to, according to officials, help intoxicated individuals get rides home.
According to the Office of Traffic and Safety, in 2011 Huntington Beach was number 1 out of 56 California Cities, with alcohol-related collisions. More recently, The State Office of Traffic and Safety has once again released information suggesting that Huntington Beach has the most alcohol-related crashes in California.
The Huntington Beach Police Department has complained that there is one bar in particular being linked to excessive drunk driving arrests. According to authorities, within a 22- month period, 72 individuals were arrested for driving under the influence after leaving this particular bar. There are two other bars in Huntington Beach that come in second and third as being linked to the most arrests for DUI in Orange County.
Obviously, these particular establishments are being watched by law enforcement agencies. There are officers who are trained as DUI specialists, trained to seek out drivers who are drinking and driving. So if they know that a particular bar has been linked to several dui related accidents that is where they will be waiting and watching.
Other top ranking cities were Costa Mesa, City of Orange, Fullerton, Mission Viejo, Irvine and Garden Grove. In 2010, Huntington Beach was ranked at number 16 and Santa Ana was the top ranked Orange County City at number 8. Newport Beach and Fullerton were also mentioned in the ranking.
All Orange County law enforcement agencies beef up their DUI campaigns during the holidays. This year, during the 4th of July holiday, the “Avoid the 38″ crackdown on DUI was expanded from Wednesday through Sunday, because the Fourth of July fell on a Thursday. This resulted in 240 arrests for being made for allegedly driving under the influence. The “Avoid the 38” name refers to the 38 law enforcement agencies in Orange County.
In other counties, such as Sacramento, law enforcement agencies have begun sending under cover officers into bars, posing as patrons, and looking for people who appear to be intoxicated. They follow them out to their car, and once they get in and drive away, they call officers who are waiting in marked police cars and give them the description of the vehicle and the individual. The officers in the marked cars then locate the car and proceed to pull them over and arrest them.
Whether it is a DUI checkpoint or a roving patrol, there is no doubt that arresting officers make mistakes. Breathalyzers and field sobriety tests are unreliable in that the breathalyzers results are easily manipulated and the field sobriety tests are strictly subjective. Although the officers who conduct the roving saturation patrols are "trained to look for signs of impairment", they are not experts; they are human beings capable of making mistakes and misjudging.
Anyone who has been arrested for a DUI should contact an experienced DUI Defense Attorney. A good Orange County Criminal Defense Attorney, specializing in DUI's will examine the stop, the tests administered and the details surrounding the arrest to determine whether or not the arresting agency followed proper procedures.
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Posts categorized "Forensics"
"Forensic science commission to review convictions based on hair samples," by Yamil Berard for the Star Telegram. Claude Jones had always claimed that he was innocent of the 1989 murder of an East Texas liquor store owner. But DNA testing...
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Disturbing Los Angeles DUI News: Son Calls Police on DUI Dad
If you’ve recently gotten arrested for driving under the influence in Los Angeles (or elsewhere), stories like the following undoubtedly will make you seethe because they confirm the public’s stereotypes about DUI drivers. ![son-dad-los-angeles-DUI.jpg]()
According to The Associated Press, a 10-year-old boy called 911 on his father, claiming that his dad was driving under the influence of drugs and/or alcohol. The young man considered jumping out of his dad’s Mercedes Benz on Interstate 95. His protestations and call to the police did not come in time – the father, 49-year-old Owen Gilman, plowed into a jeep driven by 22-year-old Michael Pernick, injuring Pernick and also causing injuries to the 10-year-old and his 12-year-old sister.
Fortunately, the children were not seriously hurt in the crash.
Pernick was transported to a local hospital, where he was listed in fair condition. The boy is recovering with his mother, Gilman’s ex-wife. He and his sister were reportedly “doing good, considering,” according to a report from The Day of New London. Gilman, meanwhile, was released from jail on a $250,000 bond.
The police gave Gilman a field sobriety test at the scene, which he allegedly failed. They also found marijuana and drug paraphernalia. Gilman was hit with a battery of charges, including alcohol or drug DUI, failure to follow at a reasonable distance, reckless driving, illegal sale of a controlled substance, possession of drug paraphernalia, second degree vehicular assault, and risk of injury to a minor (two counts).
Lessons for dealing with your Los Angeles DUI Arrest
Whether the police pulled you over on Wilshire and Fairfax, after you and friends attended a wine and cheese at LACMA; or police stopped your son in Burbank, after he sped through a traffic light on Olive, you're worried. You fear for your reputation and potential punishments. You also want to contextualize the scary incident and to avoid ever getting into a similar situation in the future.
Every driver makes bad judgments, now and again.
Hopefully, yours did not lead to the loss of life or serious injury. But even if you “royally” messed up – like the father in this story apparently did – you have options both to manage your legal crises and to move beyond your Los Angeles DUI. The thorough, experienced team with the Kraut Law Group in Los Angeles has the wherewithal, deep knowledge of Los Angeles DUI law and connections to deliver an effective defense for you. Please connect with our team today to set up a free, confidential discussion about your needs.
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According to The Associated Press, a 10-year-old boy called 911 on his father, claiming that his dad was driving under the influence of drugs and/or alcohol. The young man considered jumping out of his dad’s Mercedes Benz on Interstate 95. His protestations and call to the police did not come in time – the father, 49-year-old Owen Gilman, plowed into a jeep driven by 22-year-old Michael Pernick, injuring Pernick and also causing injuries to the 10-year-old and his 12-year-old sister.
Fortunately, the children were not seriously hurt in the crash.
Pernick was transported to a local hospital, where he was listed in fair condition. The boy is recovering with his mother, Gilman’s ex-wife. He and his sister were reportedly “doing good, considering,” according to a report from The Day of New London. Gilman, meanwhile, was released from jail on a $250,000 bond.
The police gave Gilman a field sobriety test at the scene, which he allegedly failed. They also found marijuana and drug paraphernalia. Gilman was hit with a battery of charges, including alcohol or drug DUI, failure to follow at a reasonable distance, reckless driving, illegal sale of a controlled substance, possession of drug paraphernalia, second degree vehicular assault, and risk of injury to a minor (two counts).
Lessons for dealing with your Los Angeles DUI Arrest
Whether the police pulled you over on Wilshire and Fairfax, after you and friends attended a wine and cheese at LACMA; or police stopped your son in Burbank, after he sped through a traffic light on Olive, you're worried. You fear for your reputation and potential punishments. You also want to contextualize the scary incident and to avoid ever getting into a similar situation in the future.
Every driver makes bad judgments, now and again.
Hopefully, yours did not lead to the loss of life or serious injury. But even if you “royally” messed up – like the father in this story apparently did – you have options both to manage your legal crises and to move beyond your Los Angeles DUI. The thorough, experienced team with the Kraut Law Group in Los Angeles has the wherewithal, deep knowledge of Los Angeles DUI law and connections to deliver an effective defense for you. Please connect with our team today to set up a free, confidential discussion about your needs.
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LEGITIMATE FEAR OR SOCIAL SHAME: “Islamophobia” Used to Justify Profiling, Harassment and Erosion of Civil Liberties
As the Government increases its investigation and prosecution of individuals suspected of involvement in terrorism, criminal defense lawyers are increasingly representing individuals thought to be sympathetic to terrorist causes. When… read more →
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