Free legal answers from attorneys - The people that live in the house next door to us have always been kinda shady and lately theres a lot more people comi
If I witness a crime do I have to give a statement?
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What can I do if I missed my court appearance date?
Free legal answers from attorneys - I had to miss my court appearance for shoplifting because I went out of town for a funeral, and I wasn't sure how to l
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He is 12 Years Old
As soon as I have the signed order in hand, I head to the “at-risk” cell block to make sure my client is released. My client’s mother, waiting in the hallway, is mad at me. She thinks her son is out-of-control and needs to be locked up, and we have been working at cross-purposes throughout [...]
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Update on Interstate 84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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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: January 24, 2013 12:16 pm
Please direct questions to the District Office
******Update******
Idaho Transportion Department is now opening the westbound side of Interstate 84 from milepost 95 to Boise only.
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Idaho Transportion has now extended the closure on Interstate 84 for both east and west from milepost 137 to milepost 54 due to hazardous conditions. Unknown when the roads will be reopened.
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I84 is closed both east and west from milepost 121 to 54 due to hazardous road conditions and multiple crashes. Motorists are being turned around westbound at milepost 137 due to crashes in the area.
There is no estimate at this time as to when the road will be reopen for travel. Motorists can check www.511.idaho.gov, 511 from a cell phone, or call 1-888-432-7623 for the latest closure information from Idaho Transportation Department.
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Legal Marijuana Unlikely in 2013
This year's legislative session is well under way in Annapolis, and all signs point to the conclusion that legalized pot is still a pipedream in Maryland. The state made national and even global headlines in November for officially sanctioning same sex marriage and has been called one of the most liberal in the country. But when it comes to drug enforcement, and marijuana in particular, Maryland is a far cry from liberal. In fact, our great state is stricter than most when it comes to drug crimes and possible sentences. Possession of over ten grams of the drug still carries a one year jail sentence, and cops around the state are arresting large numbers of simple possession defendants. There are multiple reasons for the grim outlook on possible recreational and medical marijuana legalization, but the biggest reason comes from the top of the political food chain. Governor O'Malley has repeatedly threatened to veto any legalization bill that crosses his desk, and has shown no signs of backing down from this stance.
Other concerns stem from concern amongst legislators that the federal government would step in and begin prosecuting any legal state marijuana operations. The drug is still years away from federal legalization and the Justice Department has shown no signs of change on the issue either. But according to supporters for legalization, concerns over the federal government meddling in the state's medical marijuana policy is unfounded and lacks precedent. There are very few cases around the country where the federal government has made an effort to corral medical use operations, and there is no evidence that the federal government is going to interfere with Colorado and Washington's recreational use laws. Lately, it seems the federal government excuse is becoming more popular with politicians across the country that are reluctant to take a stance on legalization.
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Is it better to confess to a probation violation or wait til they find out?
Free legal answers from attorneys - I was convicted of prescription fraud, and as part of my probation I had to not use any drugs or alcohol. Well, last ni
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How long do I have to wait until I can get a felony from 2009 expunged?
Free legal answers from attorneys - I was charged with a felony theft in 2009. It was under $100 and I know a stupid thing to do. I'm just wondering how l
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No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits the police to compel the withdrawal of blood from an impaired driving suspect without a warrant. But there’s one thing I already know: The legal [...]
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Can not paying a bunch of parking tickets lead to an arrest warrant?
Free legal answers from attorneys - I got a bunch of parking tickets that I didnt pay because I dont have the money to pay them right now. A dude told me t
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Do You Have to Let the Police Search Your Car ?
My last post illustrated your constitutional right to remain silent when confronted by police. Following up on that theme is a report from the morning news. Eric Bugg was stopped for following a tractor trailer truck too closely. Once he was stopped, a Nashville police drug interdiction officer saw two duffel bags in the back seat. The officer asked to search his car. Surprise. The officer found 29 pounds of marijuana in the car. Bugg goes off to jail charged with a drug crime and his bond set at $150,000.00. Bugg is facing at least 2-4 years in jail plus a fine. What could he have done different ?
A citizen has a right to refuse a request to search your car or truck. There is this constitutional protection called the Fourth Amendment. It prohibits an illegal search and seizure. Sure , there are exceptions like the officer smelled the weed. The teaching point is you do not have to consent to an police officer's request to search your car.![]()
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If I’m arrested for public intoxication and then released at the police station, what happens next?
Free legal answers from attorneys - We were at a house party and left to go to a bar. Pretty much everyone was really intoxicated. A cop stopped us because
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HOW RELIABLE IS EYE WITNESS IDENTIFICATION TESTIMONY IN CRIMINAL JURY TRIALS IN FLORIDA?
Like many trial lawyers your favorite Clearwater Criminal Defense Attorney has seen many witnesses at trial; none more effective than Eye Witnesses. While working as a prosecutor it was always devastating to deliver the final punch with the Eye Witness leaving the Defense shattered. And no wonder Eye Witnesses are so effective in trials because the Eye Witness is seen by the jury as simply a teller of truth.![Manet's Plum Witness would not be a great eye witness in a criminal trial in tampa bay florida with the absinthe in front of her clouding her memory and testimony for identification of a criminal perpetrator.]()
Manet, A Plum WitnessYet Eye Witness testimony is among the most unreliable at trial. Many guilty verdicts that were proven with Eye Witness testimony have been unwound by the Innocence Project thru DNA analysis establishing Defendants' innocence. In fact the Innocence Project lists Eye Witness Misidentification as being "the single greatest cause of wrongful conviction playing a role in nearly 75% of convictions overturned trough DNA testing." The Misidentification comes from two categories of variables:1. Estimator variables include simple factors like the lighting when the crime took place or the distance from which a witness sees a Defendant, also the amount of stress during a crime because of force used or the presence of firearms or trauma a witness experiences. 2. System variables include how law enforcement officers acquire witness memory including lineups and photo packs.As you can see the 'system variables' should be controlled by the Criminal Court System. New Jury Instructions in states such as Florida caution Jurors to be wary of Eye Witness identifications made during criminal trials. Yet one of the confounding things I often see is that Florida Law Enforcement Officers are not required to record witness statements nor statements made by Defendants. Often their notes of what was said by witnesses and Defendants are proven to be wrong.How reliable is Eye Witness testimony as studied not only be lawyers but by psychologists? Here's an excerpt from The Problem of Eye Witness Testimony found in The Stanford Study of Legal Studies:The process of interpretation occurs at the very formation of memory—thus introducing distortion from the beginning. Furthermore, witnesses can distort their own memories without the help of examiners, police officers or lawyers. Rarely do we tell a story or recount events without a purpose...The act of telling a story adds another layer of distortion, which in turn affects the underlying memory of the event. This is why a fish story, which grows with each retelling, can eventually lead the teller to believe it... it is not necessary for a witness to lie or be coaxed by prosecutorial error to inaccurately state the facts—the mere fault of being human results in distorted memory and inaccurate testimony.Clearly Eye Witness testimony should be viewed with a healthy skepticism, because the goal of a criminal trial must be to provide the Defendant with the fairest trial possible and maybe along the way, to even find the truth.
Manet, A Plum WitnessYet Eye Witness testimony is among the most unreliable at trial. Many guilty verdicts that were proven with Eye Witness testimony have been unwound by the Innocence Project thru DNA analysis establishing Defendants' innocence. In fact the Innocence Project lists Eye Witness Misidentification as being "the single greatest cause of wrongful conviction playing a role in nearly 75% of convictions overturned trough DNA testing." The Misidentification comes from two categories of variables:1. Estimator variables include simple factors like the lighting when the crime took place or the distance from which a witness sees a Defendant, also the amount of stress during a crime because of force used or the presence of firearms or trauma a witness experiences. 2. System variables include how law enforcement officers acquire witness memory including lineups and photo packs.As you can see the 'system variables' should be controlled by the Criminal Court System. New Jury Instructions in states such as Florida caution Jurors to be wary of Eye Witness identifications made during criminal trials. Yet one of the confounding things I often see is that Florida Law Enforcement Officers are not required to record witness statements nor statements made by Defendants. Often their notes of what was said by witnesses and Defendants are proven to be wrong.How reliable is Eye Witness testimony as studied not only be lawyers but by psychologists? Here's an excerpt from The Problem of Eye Witness Testimony found in The Stanford Study of Legal Studies:The process of interpretation occurs at the very formation of memory—thus introducing distortion from the beginning. Furthermore, witnesses can distort their own memories without the help of examiners, police officers or lawyers. Rarely do we tell a story or recount events without a purpose...The act of telling a story adds another layer of distortion, which in turn affects the underlying memory of the event. This is why a fish story, which grows with each retelling, can eventually lead the teller to believe it... it is not necessary for a witness to lie or be coaxed by prosecutorial error to inaccurately state the facts—the mere fault of being human results in distorted memory and inaccurate testimony.Clearly Eye Witness testimony should be viewed with a healthy skepticism, because the goal of a criminal trial must be to provide the Defendant with the fairest trial possible and maybe along the way, to even find the truth.
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How long can a DUI stay on my record?
Free legal answers from attorneys - How long does a DUI stay on your record? Is it different for a DMV record and criminal record?
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"Sentenced to Confusion: Miller v. Alabama and the Coming Wave of Eighth Amendment Cases"
The title of this post is the title of this recently published essay by Craig Lerner, which gets started this way: In Miller v. Alabama, the Supreme Court held unconstitutional roughly 2,000 life-without-parole sentences,which had been imposed on juveniles by...
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Can I get a new attorney if my current attorney wants me to plead?
Free legal answers from attorneys - I've been given a public defender for charges of intent to distribute a controlled substance. He says I don't have a
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Trials in Orange County, CA: Breathing Life Into Your Case
The police reports pain an ugly picture. They clearly show that the Defendant is guilty. What to do? How does your attorney get the District Attorney to reduce or dismiss the charge against you? The experienced trial attorney tries to paint a picture that accurately shows the client for who he is and not just for what he did. Many times good people do something ill-advised or out of character. These "bad judgment" moments can have devastating life-long effects on people who deserve a second chance. How to get the client that second chance?
Most important is the charge against the client. Sometimes no matter who you are, or the devastating effect on your future, or the fact that even millions depend on you, the result is mandatory if you are convicted. However, very often these facts can and do make a difference to a prosecutor who is seeking to do justice and not just gain a conviction. How to reach that prosecutor is the key.
Reaching a just outcome requires the defense attorney to paint a picture. Depending on the circumstances it can be a picture of the facts of the case and establish the facts that lessen the responsibility of the defendant. It might involve proving that there were contributing factors which were not the fault of the defendant or showing the prosecutor the facts dictate the client deserves consideration. The second prong of the defense attorney's job is to breathe humanity into the ink on the police report from the client's perspective. The trial attorney needs to show the prosecutor the defendant is human. He is a good person, perhaps he has done community service (before or after the crime), been a role model in the community, or won awards in business and the disastrous effects a conviction will have on his individual future.
The defense attorney's job isn't just to get an acquittal or public apology. More often the good, even great, criminal defense attorney's task is to make the prosecutor want to give the client/defendant a break. There is a need to establish the facts that benefit the defendant, establish the humanity of the defendant, then a plea of leniency won't fall on the deaf ears of the prosecutor. How well a criminal defense attorney does these things often will determine the defendant's fate.
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Thursday Open Thread
Busy afternoon, here's an open thread, all topics welcome.
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New York State Cracks Down on DWI and Traffic Infractions
DWI Arrests and Traffic Tickets Issued
Starting on December 14, 2012 the New York State Police commenced and engaged in a statewide program called 'Drive Sober or Get Pulled Over.'
During the weeks that the program was in place the State Troopers actively patrolled highways and secondary roads in an effort to target and arrest people who were driving while intoxicated (DWI). In many Counties, the State Police set up and manned more than 25 sobriety checkpoints in areas where higher than normal DWI accidents, DWI arrests and traffic tickets have been issued in the past.
Additionally, the troopers were charged with issuing tickets for traffic violations, including speeding, not wearing seat belts or properly restraining children in vehicles, moving violations and other traffic violations.
33,000 total traffic tickets were issued by the State Troopers. More than 10,000 drivers were ticketed for speeding violations, not wearing seat belts or properly restraining children in vehicles.
There were over 500 people arrested and charged with the misdemeanor of DWI.
Experienced and Professional DWI Defense Attorneys
If you or anyone that you know has been arrested and charged for drunk driving in Westchester, Dutchess, Orange, Rockland, Bronx or Putnam County, New York, then you are facing serious penalties, including probation, jail, fines, license suspension, and interlock device installation, that can impact your life for years. An experienced DWI defense attorney may dramatically reduce the probability that you will face such serious consequences.
Contact the DWI defense attorneys at Riebling, Proto & Sachs, LLP and find out how they can provide you with a personalized legal defense and protect your rights. We will help you understand the drunk driving license implications throughout the pendency of your case and what effect a DWI conviction will have on your driver's license.
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What can I do if I was caught selling stolen stuff?
Free legal answers from attorneys - I was selling some items on craigslist, which I didn't know was stolen. But I still got busted for having stolen items
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Update for Interstate 84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
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: January 24, 2013 1:31 pm
Please direct questions to the District Office
******Update******
Idaho Transportion Department has completely opened the east bound lanes of Interstate 84. West bound between mile post 95 to 137 is still blocked at this time.
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Idaho Transportion has now extended the closure on Interstate 84 for both east and west from milepost 137 to milepost 54 due to hazardous conditions. Unknown when the roads will be reopened.
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I84 is closed both east and west from milepost 121 to 54 due to hazardous road conditions and multiple crashes. Motorists are being turned around westbound at milepost 137 due to crashes in the area.
There is no estimate at this time as to when the road will be reopen for travel. Motorists can check www.511.idaho.gov, 511 from a cell phone, or call 1-888-432-7623 for the latest closure information from Idaho Transportation Department.
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More Pages to Explore .....
