As a San Diego Criminal Lawyer based in North County I am often hired to represent individuals facing serious domestic violence charges. Cases like misdemeanor domestic battery or more serious felony corporal injury to spouse are increasing in frequency every year.
The upcoming holiday season brings not only more occasion to visit with family and relatives, but unfortunately an increase in domestic violence incidents. I too often meet with individuals from Del Mar and Carmel Valley who sought the assistance of law enforcement only to find themselves or a loved one in custody and off to jail.
Domestic violence cases are treated different from other criminal cases in the San Diego courts. While you may feel that your arrest was unnecessary, even if your spouse or significant other demands that you not be taken into custody, these are not simple matters to resolve. If the local police do not issue a protective order immediately upon arrest; there may be a criminal protective order in place on the day of your arraignment. Charges like CA PC 243(e)(1), domestic battery, and PC 273.5, felony corporal injury, will always require the prosecutor to request a criminal protective order. These orders do not simply restrict you from contact the victim in the case. Military personnel or anyone working with firearms will be restricted from even touching a gun or ammunition until the order is lifted.
San Diego Criminal Lawyer on Domestic Violence Offenses
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DUI blood tests are not foolproof
When a driver in Illinois has an encounter with law enforcement while the driver is in actual physical control of a motor vehicle as required by Illinois DUI (Driving Under the influence) law (625 ILCS 5/11-501), the officer may be looking for signs of DUI impairment. This can begin with the initial driving behavior. Common markers of alcohol-related driving behavior include driving too slowly, wide turns and weaving.
This will provide the reasonable suspicion the officer needs to stop the driver. Terry v. Ohio 392 US 1, 20 L.Ed. 2d 889 (1968) The police will also observe the manner in which the driver executes the stop. This includes matters such as how quickly the driver notices the flashing lights and slows, how the driver performs while engaged in pulling over (using turn signal for instance) and how effectively the driver stops and parks the vehicle.
Next, the officer will have an opportunity to observe the driver face-to-face. Signs of impairment would be slurred, thick tongued speech, bloodshot and glassy eyes, heavy eyelids and an odor of alcohol. An officer will also note any difficulty the driver encounters in retrieving the driver's license, insurance card and registration.
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Traffic stop on I86 near Raft River leads to Drug Arrests
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 11/22/2013 7:21 p.m.
Please direct questions to the District Office
On November 22nd, 2013, at approximately 10:00 a.m., Idaho State Police conducted a traffic stop on a dark green GMC Yukon, on Interstate 86 near milepost 8, near Raft River in Cassia County, Idaho. The vehicle was traveling east and was stopped for a minor traffic violation. The driver was identified as 28 year old male Michael Griffith, from Billings, Montana. Pursuant to the traffic stop, approximately 5 pounds of marijuana was found and seized. Also, a small amount of hashish and approximately 1 to 1.5 ounces of mushrooms were found and seized. Griffith, along with his passenger Jordan Beyl, 19 years of age, from Billings, Montana, was incarcerated in the Mini-Cassia Jail where he is being charged with trafficking of marijuana, possession of drug paraphernalia, fail to purchase a drivers license and fail to maintain insurance. Beyl is being charged with possession of marijuana, possession of paraphernalia and possession of a controlled substance.
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DUI in Burbank Arrest: A Few Seconds of Bad Judgment, a Lifetime of Regret?
On some level, you recognize that your Burbank DUI arrest could have lingering effects for months or even years.
You can't help but wonder: "what if?"
• What if you had taken a different route home and avoided the checkpoint on Olive?
• What if you’d had one fewer drink, and you only blew a 0.06% on the breath test… instead of a 0.10% on the breath test, like you did (thus putting you over the legal limit, per California Vehicle Code Section 23152(b))?
• What if you had stayed in that night instead of partying with your friends?
These kinds of scenarios -- known as counterfactuals -- can drive anyone a bit crazy. If you had done a few small things differently, you wouldn’t have a huge Burbank DUI defense crisis on your hands.
To protect your sanity -- and to ensure that you stay focused on what needs to be done -- put the counterfactuals aside. What happened, happened. You got a Burbank DUI. That's reality.
If this was your first arrest -- and you didn’t hurt anybody -- prosecutors might only try to tag you with a misdemeanor. If convicted, you can still face punishments like jail time, probation, and California license suspension. If you committed a more serious crime -- like hit-and-run or an injury DUI -- prosecutors can ask the court for harsher penalties, such as longer jail time and long-term restrictions on your driver’s license and other rights.
Regret is a natural emotion. But it's only useful if it helps to direct your activities and your thoughts. Rather than focus on what you should have done, focus on what you'd like to happen now.
Imagine if everything “went your way.” What would that future look like? Would it mean that all your charges would be dismissed? Would it mean that you'd get away with a relatively minor punishment? If you caused an injury DUI in Burbank, would it mean that the person you hit fully recovered and forgave you?
Try to get as clear as possible about what you’d love to happen. Then direct your energies to that end. There is a strategic reason for doing this exercise. When you have a crystal picture of what you want to accomplish, you will find it easier to get motivated and to take the actions you need to take to make that inviting vision a reality.
Let the Kraut Law Group help you on this journey by providing a free, private consultation. We can help you understand your charges and construct and deliver a sound Burbank DUI defense.
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Corrupt Massachusetts lab analyst gets (significant? inadequate?) state prison term for misdeeds
As reported in this Boston Globe article, "Annie Dookhan, the drug analyst who tampered with evidence and jeopardized tens of thousands of criminal convictions, was sentenced Friday to three to five years in state prison, closing a sorrowful chapter for...
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Hoeffel on the Jurisprudence of Death and Youth
Janet C. Hoeffel (Tulane University - Law School) has posted The Jurisprudence of Death and Youth: Now the Twain Should Meet (Tulane Public Law Research Paper No. 13-21, 46 Texas Tech Law Review __ , 2013, Forthcoming) on SSRN. Here...
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"O.C. Crime Lab finds more errors in DUI testing"
From the L.A. Times: The new discoveries come just weeks after the lab acknowledged inaccurate blood-alcohol test results in 2,200 driving-under-the-influence cases. Prosecutors responded by sending letters to drivers charged with DUIs, including 900 who already had been convicted. ....
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Did Tesla violate S.E.C. rules by failing to disclose the retirement of George Blankenship?
Last Thursday, Silicon Beat reported that George Blankenship retired from his position as Vice President, Worldwide Retail at Tesla Motors (NASDAQ: TSLA). According to Blankenship's LinkedIn profile, he had already left the company in October 2013. Blankenship was listed as a "named executive officer" in Tesla's most recent proxy statement filed with the Securities and Exchange position. The retirement, appointment, resignation, or termination of a "named executive officer" is required to be disclosed within four business days of such a departure on Form 8-K. Therefore, company should have disclosed his retirement no later than November 6, 2013. So far, Tesla has made no such disclosure as required under S.E.C. rules.
On November 21, 2013, Silicon Beat reported that:
Blankenship is still listed as Vice President, Sales & Ownership Experience on Tesla’s website. But his LinkedIn profile now says he is “Director of Smiles for the Blankenship Family” and he apparently left Tesla a few weeks ago.
Shortly after Silicon Beat's exclusive report, Blankenship's name was finally removed from Tesla's list of officers on its website, but the company still has not made the required S.E.C. disclosure of his October 2013 retirement.
George Blankenship's LinkedIn profile says he was employed at Tesla until October 2013 and was "done at Tesla" in November 2013. See below (click on image to enlarge):
When Tesla finally gets around to filing an 8-K report, will it claim that Blankenship did not retire in October 2013 as he reported in his Linkedin profile? That seems to be the only way Tesla can claim that it did not violate S.E.C. rules governing the departure of a named executive officer. If that happens, someone apparently lied.
Written by,
Sam E. AntarDisclosure
I am a convicted felon and a former CPA. As the criminal CFO of Crazy Eddie, I helped my cousin Eddie Antar and other members of his family mastermind one of the largest securities frauds uncovered during the 1980's. I committed my crimes in cold-blood for fun and profit, and simply because I could. If it weren't for the heroic efforts of the FBI, SEC, Postal Inspector's Office, US Attorney's Office, and class action plaintiff's lawyers who investigated, prosecuted, and sued me, I would still be the criminal CFO of Crazy Eddie today. I do not want or seek forgiveness for my vicious crimes from my victims. My past sins are unforgivable.
There is a saying, "It takes one to know one." I've provided professional work for the FBI, IRS, SEC, Justice Department, and other federal and state law enforcement agencies in training them to identify fraud and catch white-collar criminals. Often, I refer cases to them as an independent whistleblower. In addition, I teach white-collar crime classes for various government entities, professional organizations, businesses, and colleges and universities. Recently, I've helped the AICPA Fraud Task Force develop better methods for detecting fraud.
I do not own any Tesla securities long or short.
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Duke Lacrosse Accuser Convicted of Murder
Crystal Mangum, who falsely accused the Duke Lacrosse players of sexual assault, has been convicted of second degree murder in the stabbing death of her boyfriend. The judge sentenced her to 14 to 18 years in prison.
Mangum testified at her...
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OR: Not seizure per se to ask to check age on DL; dispatch ran info which officer didn't ask for
Defendant was in an adult bookstore where a police officer was hanging out because it had been robbed a few times. Suspecting defendant and his girlfriend were underage, the officer asked them for their driver’s licenses which he held for 10-15 seconds and handed them back. He called it in for verification but did not ask for wants or warrants. Dispatch radioed back that the young man’s was under suspension. He waited for them to get into a car and leave, and he pulled defendant over for driving on a suspended license. He moved to suppress that information. The court held that asking for ID under those circumstances was not a seizure. Also, people expect that LEOs will run any ID they have. State v. Backstrand, 2013 Ore. LEXIS 939 (November 21, 2013):
[...] Read more!
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W.D.Mo.: There must be RS crime is “a foot,” and here there wasn't
Defendant’s stop was without reasonable suspicion of any criminal activity. While other criminal activity had occurred at or near some of the residences in that area, and defendant appeared nervous and was "breathing heavily," and the officer found his answers to the officer's questions to be "inconsistent," there was nothing else to show crime was “a foot.” Therefore, no reasonable suspicion. United States v. Kessler, 2013 U.S. Dist. LEXIS 166172 (W.D. Mo. October 15, 2013).
Defendant’s claim that an attorney for a bank illegally seized records during a bankruptcy was both waived and a private action claim. United States v. Prince, 2013 U.S. App. LEXIS 23504 (5th Cir. November 22, 2013).*
Defendant’s 2255 search claim was defaulted by appealing before without asserting it. Not only that, the issue would fail. Benford v. United States, 2013 U.S. Dist. LEXIS 166252 (N.D. Ala. November 22, 2013).*
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CA1: Use of GJ SDT to acquire DNA violated Fourth Amendment, but no exclusion because of good faith
Defendant’s DNA was collected in 2005 by grand jury subpoena duces tecum, and no charges were filed. In 2011, defendant became the focus of something else, and his DNA was examined again, and this time he was matched up. While collection of the DNA violated Maryland v. King, it was collected years before in good faith, and the exclusionary rule would not be applied. United States v. Thomas, 2013 U.S. App. LEXIS 23564 (1st Cir. November 22, 2013), on appeal from United States v. Thomas, 815 F. Supp. 2d 384 (D. Me. 2011):
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International Accord Reached on Iran's Nuclear Program
An accord has been reached with Iran about its nuclear weapons program.
Iran has agreed to stop enriching uranium above 5%. The accord is to last six months. (Sounds more like a pause than a cessation.)
In return for the initial agreement,...
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Two Separate Injury Crashes On SH55 Near Horseshoe Bend Hill
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 11/23/2013 11:55 pm
Please direct questions to the District Office
On November 23, 2013 at 4:41 pm, Idaho State Police investigated two separate injury crashes on SH55 at mile marker 58, north of Horseshoe Bend Hill.
Makaylah N. Griffin, 17 of Meridian, was travelling southbound on SH55 near milepost 58 in a 2000 Nissan Xterra. Griffin pulled to the right and stopped the vehicle but was still in the lane of travel. Griffin's passenger, Christian N. McIntosh, 18 of Meridian, exited the vehicle to take over driving.
Edsel O. Martin, 71 of Caldwell, was also travelling southbound on SH55 in a 1997 Ford Aero Van. Martin did not see the Xterra stopped in the lane of travel and struck the back of it. The force of the impact pushed the Xterra into McIntosh, who was in front of the vehicle.
Andrew P. McFarland, 40 of Boise, was travelling southbound on SH55 near milepost 58 in a 2001 Subaru Legacy when he noticed a crash ahead. McFarland slowed his speed and was struck from behind by a 1997 Toyota Camry, being driven by Kendall R. Gregory, 19 of Boise.
Griffin, McIntosh, and two other passengers in the Xterra, as well as, Gregory and one other passenger in the Camry were all transported to Saint Alphonsus Regional Medical Center.
Griffin and McIntosh were not wearing seatbelts as they were in the process of changing drivers. All other drivers and passengers were wearing seatbelts.
SH55 was closed for about three hours while crews worked to remove the wreckage.
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State can't find 467 (1.2%) of it's registered sex offenders
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Easton boobies case may follow bong hits to Supreme Court
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Selbstleseverfahren, Band 32
Original: Selbstleseverfahren, Band 32
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NFL WEEK 12
Survivor pool: Three players including Rumpole have picked the Lions, at home, over the Bucs. We are awaiting Lurvey's pick. We are also racing for a plane so we will update the post when we land in .....we are we going again? Oh yeah, it's classified. If the plane has wi-fi we'll update the post earlier. See You In Court after Thanksgiving. Site Feed
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Injury Crash EB I90@9.5, west of Coeur d'Alene
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE #: C13002543
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DATE: 11/24/13 TIME: 12:26 AM LOCATION: EB I90 at milepost 9.5, between Post Falls and Coeur d?Alene
ASSISTING AGENCIES: Kootenai County Sheriff's Office, Post Falls Police Department, Idaho Transportation Department
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VEHICLE #1
DRIVER: Ashley R. Daily
AGE: 30
ADDRESS: Spokane, WA
INJURIES?: Yes
HOSPITAL TAKEN?: Kootenai Medical Center
VEHICLE YEAR: 2000
VEHICLE MAKE: Honda VEHICLE MODEL: Accord
WRECKER: Schaffers Towing
SEATBELTS WORN?: No
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VEHICLE #2
DRIVER: Victor J. DeLeon
AGE: 38
ADDRESS: Hayden, ID
INJURIES?: Yes
HOSPITAL TAKEN?: Kootenai Medical Center
VEHICLE YEAR: 2013
VEHICLE MAKE: Hyundai VEHICLE MODEL: Genesis
WRECKER: Schaffers Towing
SEATBELTS WORN?: No
PASSENGER(S): Janell DeLeon
AGE: 37
ADDRESS: Hayden, ID
INJURIES?: Yes
HOSPITAL TAKEN?: Kootenai Medical Center
SEATBELTS WORN?: Yes
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INCIDENT NARRATIVE: Deleon was travelling eastbound on I90 near milepost 9 when he impacted head-on with Daily who was travelling, the wrong direction, westbound in the eastbound lanes of travel. I90 was blocked and traffic was diverted for 3.5 hours. The crash is still under investigation.
DSP INITIALS ksw
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S.D.Cal.: NSA leak case: No reasonable expectation of privacy in the metadata of a telephone call seized off of a third party’s call
Defendant’s post-trial learning of an NSA leak claim that defendant’s phone calls were captured by the NSA affords no relief. The court finds no reasonable expectation of privacy in the metadata of a telephone call seized off of a third party’s telephone call. United States v. Moalin, 2013 U.S. Dist. LEXIS 166582 (S.D. Cal. November 14, 2013):
[...] Read more!
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