New York City Police Commissioner Ray Kelly said he believes the recent ruling against “stop-and-frisk” procedures will undoubtedly lead to more crime in The Big Apple. “I think no question about it, violent crime will go up,” Kelly said on NBC’s Meet the Press. “This is not a program; this is something that is integral […]The post Backlash Over New York City ‘Stop-and-Frisk” Ruling appeared first on The Appelman Law Firm Law Blog
Backlash Over New York City ‘Stop-and-Frisk” Ruling
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Ypsilanti Man Allegedly Sets Construction Crane on Fire, Charged with Arson
James Henry McPherson, a 30-year-old Ypsilanti man, was charged with arson on Friday, August 16, in connection with allegedly setting a construction crane on fire. The crane was being used to help rebuild the Ford Boulevard Bridge, according to a news article at AnnArbor.com. ![crane-1208052-m.jpg]()
When firefighters arrived at the scene just after 9 p.m. on Wednesday, flames were jumping as high as 20 feet in the air according to Ypsilanti Township fire Lt. Keith Harr. Harr said that the damage to the crane which is believed to have originally been worth approximately $1 million, was significant.
McPherson was charged in the 14A-1 District Court, and arraigned on charges of arson, malicious destruction of property between $1,000 and $20,000, and third-degree arson of property more than $20,000. Sgt. Geoff Fox of the Washtenaw County Sheriff's Office said it is believed that the suspect sneaked onto the job site, then set the crane on fire after somehow opening the fuel compartment. It is also believed McPherson slashed tires on some of the vehicles at the job site.
McPherson was apprehended as he walked near the job site a short time later, and according to Fox was "highly intoxicated."
The criminal penalties for a violent or malicious crime such as arson are extremely harsh in the state of Michigan. If convicted of the charges against him, McPherson may face substantial fines and up to 10 years in prison. Individuals who commit arson which results in serious injury or death to another person or persons may face even more serious consequences.
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When firefighters arrived at the scene just after 9 p.m. on Wednesday, flames were jumping as high as 20 feet in the air according to Ypsilanti Township fire Lt. Keith Harr. Harr said that the damage to the crane which is believed to have originally been worth approximately $1 million, was significant.
McPherson was charged in the 14A-1 District Court, and arraigned on charges of arson, malicious destruction of property between $1,000 and $20,000, and third-degree arson of property more than $20,000. Sgt. Geoff Fox of the Washtenaw County Sheriff's Office said it is believed that the suspect sneaked onto the job site, then set the crane on fire after somehow opening the fuel compartment. It is also believed McPherson slashed tires on some of the vehicles at the job site.
McPherson was apprehended as he walked near the job site a short time later, and according to Fox was "highly intoxicated."
The criminal penalties for a violent or malicious crime such as arson are extremely harsh in the state of Michigan. If convicted of the charges against him, McPherson may face substantial fines and up to 10 years in prison. Individuals who commit arson which results in serious injury or death to another person or persons may face even more serious consequences.
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Injury Crash has traffic rerouted on U.S. Highway 91 In Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 08/19/2013 10:45 a.m.
Please direct questions to the District Office
The Idaho State Police is currently investigating an injury crash in the intersection of U.S. Highway 91 and E Pacific Street in Blackfoot. U.S. Highway 91 is blocked by law enforcement and traffic is being rerouted. More information will be provided once it becomes available.
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Liberty Township Man Arrested for Allegedly Dealing Heroin
Jessie Jones, a 42-year-old Liberty Township resident, was recently arrested for allegedly dealing heroin according to a news article at Mlive.com. Jones, who was arraigned on three felony charges on Thursday, August 15, was charged with using a firearm to commit a felony, felon in possession of a firearm, and possession of heroin with intent to deliver. ![x-659428-m.jpg]()
On August 13, the Jackson Narcotics Enforcement Team searched Jones's girlfriend's home; Jones and his girlfriend were both at the residence according to police. Police searched the residence and located a handgun that had recently been stolen, according to Michigan State Police Detective Lt. David Cook. Police also found 3.5 grams of heroin on Jones.
Jackson Narcotics Enforcement Team had secured a warrant to search the home, located near Hatch Road in the 8000 block of S. Jackson Road. The team members secured the warrant as they had purchased heroin from Jones on several occasions. Prosecutors are asking that Jones's girlfriend be charged in the case as well, although she had not been arrested as of August 16.
In the state of Michigan heroin is a Schedule 1 illicit narcotic which will leave those convicted facing extremely serious criminal penalties. Drugs which fall under Schedule 1 are penalized the most harshly, and are considered substances that are the most highly addictive and abused. As all Michigan drug dealing attorneys know, individuals who are accused of possessing heroin with the intent to deliver must obtain the legal guidance and support of an aggressive lawyer immediately.
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On August 13, the Jackson Narcotics Enforcement Team searched Jones's girlfriend's home; Jones and his girlfriend were both at the residence according to police. Police searched the residence and located a handgun that had recently been stolen, according to Michigan State Police Detective Lt. David Cook. Police also found 3.5 grams of heroin on Jones.
Jackson Narcotics Enforcement Team had secured a warrant to search the home, located near Hatch Road in the 8000 block of S. Jackson Road. The team members secured the warrant as they had purchased heroin from Jones on several occasions. Prosecutors are asking that Jones's girlfriend be charged in the case as well, although she had not been arrested as of August 16.
In the state of Michigan heroin is a Schedule 1 illicit narcotic which will leave those convicted facing extremely serious criminal penalties. Drugs which fall under Schedule 1 are penalized the most harshly, and are considered substances that are the most highly addictive and abused. As all Michigan drug dealing attorneys know, individuals who are accused of possessing heroin with the intent to deliver must obtain the legal guidance and support of an aggressive lawyer immediately.
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Former Macomb County Teacher Sentenced to 15 Years in Child Pornography Case
Chesterfield Township resident Gregory Austin was recently sentenced to 15 years in prison after being charged in a federal child pornography case. Austin, who is 33 years old, was a band instructor and classroom teacher in the Fraser School District, according to a news report at CBS Detroit. Investigators allegedly found images of sexually explicit teenage boys on Austin's phone following a drug-related arrest in March of 2012. ![laptop-1403785-m.jpg]()
Austin was arrested in an elementary school parking lot where his wife worked as a teacher. According to a news article at Mlive.com, Roseville police arrested the suspect during a transaction in which he was buying Vicodin on the parking lot. On Friday, August 16, the office of U.S. Attorney Barbara L. McQuade stated that it was found Austin was using a fake online persona, posing as a young woman named Julie on Facebook. As Julie, Austin enticed several minor males and former students to send pornographic pictures of themselves.
Austin's cell phone and computer were said to have contained 133 pornographic images. Twelve of the images found on Austin's phone were those of underage students who currently attend school in the Fraser School District. The images were of children between the ages of 14 and 17 according to investigators. Police also found images of teenagers engaged in sexual acts on the defendant's home computer.
Austin stated that he needed help for his addiction, after having a year and a half to think about what he had done.
Michigan child pornography lawyers understand individuals who are charged with this type of criminal offense must have capable legal counsel in order to reach positive results. This is an extremely serious crime which will leave those convicted facing severe punishment, as indicated by the story above. Not only will Austin spend 15 years in prison, his career and reputation have likely been ruined forever.
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Austin was arrested in an elementary school parking lot where his wife worked as a teacher. According to a news article at Mlive.com, Roseville police arrested the suspect during a transaction in which he was buying Vicodin on the parking lot. On Friday, August 16, the office of U.S. Attorney Barbara L. McQuade stated that it was found Austin was using a fake online persona, posing as a young woman named Julie on Facebook. As Julie, Austin enticed several minor males and former students to send pornographic pictures of themselves.
Austin's cell phone and computer were said to have contained 133 pornographic images. Twelve of the images found on Austin's phone were those of underage students who currently attend school in the Fraser School District. The images were of children between the ages of 14 and 17 according to investigators. Police also found images of teenagers engaged in sexual acts on the defendant's home computer.
Austin stated that he needed help for his addiction, after having a year and a half to think about what he had done.
Michigan child pornography lawyers understand individuals who are charged with this type of criminal offense must have capable legal counsel in order to reach positive results. This is an extremely serious crime which will leave those convicted facing severe punishment, as indicated by the story above. Not only will Austin spend 15 years in prison, his career and reputation have likely been ruined forever.
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Lincolnton Man Dies in Fatal Motorcycle Crash
WBTV has just released the news that a man from Lincolnton has been killed in a deadly motorcycle accident. The crash was spotted by many eye witnesses who called to report the news. At this time, we do not know if any others were injured. We do know that when the motorcycle crashed, it skidded […]The post Lincolnton Man Dies in Fatal Motorcycle Crash appeared first on .
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"Is it fair for sex offenders to stay listed on a registry for life?"
The title of this post is the headline of this recent lengthy article in the St. Louis Post-Dispatch. Here are excerpts: On one side of the latest debate over Missouri’s sex-offender registry are people such as Daniel Ray Winfrey. In...
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Denver residents accused of drug smuggling crimes
Drug smuggling is considered a very serious crime. Being convicted of drug crimes in Denver or elsewhere in the country can result in a person serving significant prison time or paying massive fines. Two people from Denver were recently arrested...
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Florida man beaten over mistaken coffee order
According to a Lauderhill police department report, a Florida couple find themselves in hot water after they attacked a Dunkin' Donuts employee over a wrong coffee order...
The afternoon battle royale resulted in the arrest of 27-year-old Jeff Wright and his 22-year-old wife Alexis. The husband was arrested for aggravated battery while Alexis was arrested for a misdemeanor battery (which is punishable by up to one year in the county jail).
Per the above police report, the married couple placed an order at the donut drive-thru. They later discovered that Alexis got her coffee with caramel rather then vanilla. That clearly was the last straw.
The couple went inside and began to argue with the employee who filled the order. The verbal altercation quickly became physical.
During the fight Jeff Wright allegedly pulled out a 9mm handgun (which he was legally allowed to carry) and began to hit the donut employee repeatedly with the gun while his "lovely" wife punched the helpless man.
At the time of this writing, both are in the Broward county jail with Wright's bail at $20,000.LEGAL ANALYSIS
Jeff Wright may potentially face a multitude of charges for his violent act. An aggravated battery is a battery that is done with a deadly weapon and/or results in great bodily harm or permanent disfigurement. It is a second degree felony punishable by up to 15 years in prison. If the victim saw the gun being pulled out on him the the defendant can also be charged with an aggravated assault with a firearm. An aggravated assault is a third degree felony with up to five years in prison a possibilty. Because a firearm was used there would be a three year minimum/mandatory prison sentence. This means it would be three years in prison day-for-day with no "good gain" time.
In summary, without the assistance of a good criminal defense lawyer, the defendant is looking at probable prison time. His attorney may be able to arrange a plea bargain or some other form of lesser sentence.
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Las Vegas's Arts District No Longer Fair Game to Graffiti Artists
Graffiti artists are now required to get owner's approval before putting graffiti on their property in Downtown Las Vegas's Arts District. Formerly, graffiti artists were permitted to create their art in that area without anyone's permission. Artists who do not get permission first face charges for the Nevada crime of graffiti.
The Nevada crime of graffiti occurs when someone puts graffiti on or otherwise defaces another's property without their consent. Graffiti refers to any type of defacement including using markers and even sidewalk chalk. Typical defenses to graffiti charges are that the owner gave consent, that the police arrested the wrong person, or that the defendant was protected by the First Amendment (freedom of expression).
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In praise of the US Sentencing Commission's new "Quick Facts" series
I am very pelased to see and to be able to report that the US Sentencing Commission has launched a notable new series of reader-friendly publications. This posting from the USSC's webpage explains: NEW Quick Facts Publication Series Launched The...
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CONGRESO, PROCURADURÍA PÚBLICA Y NARCOTRÁFICO
CONGRESO,
PROCURADURÍA PÚBLICA Y NARCOTRÁFICO
En nuestro ordenamiento penal, existen
delitos que afectan al agraviado en su esfera personal (Calumnia, Difamación e
Injuria) y aquellos que ofenden a la sociedad en su conjunto y son perseguibles
de oficio (por el Ministerio Público) o por denuncia puntual y sólo terminan con la sentencia, absolviendo,
condenando o declarando prescrito el delito o la pena.
El delito de “narcotráfico” no sólo
agravia a la sociedad, causa daños irreparables a los consumidores, entre ellos
niños y jóvenes.
El día de hoy (27-08-2013) el diario El
Comercio de Lima, ha publicado las declaraciones del Congresista Heriberto
Benitez, considero de sumo interés trascribir lo esencial de la nota:
Sin
ningún voto en contra, la Comisión de Defensa Nacional y Orden Interno del Congreso acordó
ayer por unanimidad convocar a las procuradoras Sonia Medina (antidrogas) y
Julia Príncipe (lavado de activos) para que informen si es cierto que existennarcocongresistas.
Esto
fue planteado por el congresista de Solidaridad Nacional Heriberto Benítez,
quien explicó que dependerá de las revelaciones que brinden estas dos
procuradoras del Estado para iniciar una investigación a fondo sobre este tema.
Benítez
dijo a El Comercio que lo que revelen Medina y Príncipe es crucial porque ellas
manejan mucha información sobre procesos judiciales y fiscales y son las
indicadas para esclarecer si hay congresistas comprometidos con el
narcotráfico.
Bien, a lo único que tiene derecho el
Congreso de la República en el mejor de los casos es preguntar quienes están
implicados en la investigación si ésta
realmente existe, no puede solicitar ni requerir información en torno al
estado de la investigación, semejante atribución es impensable, por varias
razones:
1.- No se puede brindar a los supuestos
–subrayo lo de supuestos- congresistas investigados, antes de que sean citados
para el esclarecimiento de la denuncia, la
información recabada o el acopio de pruebas, lo contrario significaría que los miembros del Parlamento Nacional
gozan, respecto de los delitos que eventualmente se le puedan imputar, de un
privilegio que prácticamente les permitiría cometer todo tipo de crímenes sin
la posibilidad que deban pagar por ellos, ¿o acaso amigo lector, si usted se
entera que está siendo investigado y de las pruebas halladas de la supuesta
comisión del ilícito, no se prepararía para desvirtuarlos haciendo uso de toda
clase métodos legales e ilegales?.
2.- Tener la osadía de declarar: “que dependerá de las revelaciones que brinden
estas dos procuradoras del Estado para iniciar una investigación a fondo sobre
este tema. Es
el colmo y un insulto a la inteligencia
del pueblo.
3.- Se investiga un delito, no las
declaraciones o actos que en ejercicio de sus funciones los congresistas pueden
realizar, es más, el Congreso está en la obligación de levantar la inmunidad
parlamentaria cuando el Ministerio Público la solicita por la comisión de un
hecho criminal atendiendo a las pruebas
que haya actuado, entonces está fuera de lugar requerir “ a priori” quienes son
los investigados y enterarse de las pruebas o evidencias que llevarán al Fiscal
a presumir la comisión del delito de Narcotráfico.
4.- El único que puede denunciar es el
Fiscal y en esta instancia los involucrados en la investigación gozan de todas
las garantías jurisdiccionales consagradas en la Constitución del Estado.
5.- El Congreso NO está capacitado para
investigar un crimen, NO es su función, menos si lo que pretenden es cubrir,
proteger o “blindar” a sus pares, por la simple razón de que los delitos son
investigados y sancionados únicamente por el órgano competente.
6.- Finalmente, los congresista que
pudieran resultar involucrados (y si los hay, cada uno debe saber desde hace
mucho tiempo como defenderse de tales
imputaciones).
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Facebook Releases Info on Goverment Data Requests
Facebook has released the numbers of requests it received for user account information during the first half of 2013.
The United States sought data from between 20,000 – 21,000 accounts. Facebook said the data included “criminal and...
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"Federal appeals court rules request for lawyer cannot be used as evidence of guilt"
From Jurist: The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] Monday that a defendant's request for a lawyer may not be used as evidence of guilt. Tayfun Okatan was convicted on three counts relating...
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New Tsarnaev Injury Photos Released
Boston Magazine, which first published the leaked arrest photos of Dzhokhar Tsarnaev, has published another 48 images from the arrest scene. Like the earlier photos, these were taken by Sergeant Sean Murphy.
In this photo, an injured Dzhokhar...
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Is Louisiana's Compensation Law Enough?
Louisiana is among the 27 states plus Washington, D.C. that has a compensation law for the wrongly convicted, but several Louisiana exonerees said it doesn't make up for the injustice of being locked up and everything that comes with it, reported The Advocate. Louisiana's compensation statute provides $25,000 per year of wrongful incarceration with a cap of $250,000 plus up to $80,000 for loss of life opportunities for exonerees who have proved factual innocence. For John Thompson, who was wrongfully convicted of a 1985 murder and sent to death row, the money can't give him back the 18 years he lost while behind bars.
"It was like hell. It was worse than hell," said Thompson, now 50, of the 14 years he spent on Death Row. "If that is not cruel and unusual punishment, not only to you but to your whole family, then I don't know what is."
While facing his seventh execution date, a private investigator hired by his appellate attorneys discovered scientific evidence of Thompson's innocence that had been concealed for 15 years by the New Orleans Parish District Attorney's Office. When he released and exonerated in 2003, the state of Louisiana gave him $10 and a bus ticket. He sued the District Attorney's Office. A jury awarded him $14 million, one for each year on death row. When Louisiana appealed, the case went to the U.S. Supreme Court. In 2011, Justice Clarence Thomas issued the majority 5-4 decision in Connick v. Thompson that the prosecutor's office could not be held liable. Thompson and other exonerees like Rickie Johnson, who served more than a decade in prison, are shortchanged by the law that only entitles them compensation for 10 years.
"I don't think exonerees like myself that spent a quarter century in prison for a crime they didn't commit should be scuffling as hard as we're scuffling," said Johnson, who learned leather work at Angola and opened a shop in Leesville after winning his freedom. "I've been out since 2008, and I still can't afford to buy my home as every grown-up should have at my age."
Rep. Herbert B. Dixon (D-Alexandria) plans to reintroduce a bill next legislative session that would double the current compensation rate. He would also like establish a court cost dedicated to fund the state's Innocence Compensation Fund. Read the full article. National View: 27 States Have Compensation Statutes: Is Yours One?
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The victims had appeared at a scheduled sentencing date
An appeal was made by the accused man as limited by his motion, from four sentences of the County Supreme Court upon his convictions of four counts of grand larceny in the second degree, upon his pleas of guilty, the...
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Holder Asked for Answers on DEA Use of NSA Data
Reuters reported yesterday that several Congresspersons and Senators have written Attorney General Holder seeking answers to questions about the report that the DEA used information collected by the National Security Agency (NSA) in criminal...
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Leahy Schedules Hearing on Conflict in State and Federal Marijuana Laws
Sen. Patrick Leahy has scheduled a Senate Judiciary Committee hearing on September 10th on the conflict between state and federal marijuana laws. Attorney General Eric Holder and Deputy Attorney General James Cole have been invited to testify. ...
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One Lane of US26 at Beeches Corner Blocked Off
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 8-27-2013 3:45pm
Please direct questions to the District Office
At this time the Idaho State Police is assisting Bonneville County Sheriff's Office with the removal of an old piece of army ordinance that was found in a storage locker. One lane of eastbound US26 at Beeches Corner has been blocked off for emergency vehicles. Use caution if travelling in this area.
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