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Bergen County Woman Cleared of DWI Charges following Fatal Pedestrian Accident in Hackensack

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Being accused of drunk driving when one knows he or she is not intoxicated can be a frustrating and potentially expensive event in any person's life, but being told that you were drunk following an injury or fatal accident can have greater implications, many of which may be undeserved and possibly damaging in so many ways. As New Jersey DWI defense attorneys, my legal team knows that a percentage of alleged drunk driving accidents can occasionally not be attributable to drinking and driving. Proving it, however, can sometimes be a challenge. It goes without saying that the injury or death of any innocent person is a tragedy that nobody ever wants to occur. Unfortunately, automobile accidents can and do happen with alarming frequency here in the Garden State. For a driver's honest and tragic mistake lead to a drunken driving arrest without the proper legal evidence only compounds the sadness felt by all concerned. Our firm has seen, time and time again, where police officers make wholly subjective observations that have led to the unjust arrest of motorists for driving under the influence of alcohol or prescription drugs. While this does not always happen, each instance of an unjustified arrest provides an object lesson for why it is imperative to consult with a qualified DWI-DUI defense attorney when confronted with a drunk driving summons or other related traffic offense.

"Incidental" Collection of Domestic Data Unaddressed By Obama Speech

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This terrific piece by Bart Gellman explains how President Obama's speech was woefully lacking in what I think of as one of the most important issues regarding NSA spying: [T]he NSA is gathering hundreds of millions of e-mail address books,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Tax Issues Related to a Divorce

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Tax Consequences of Divorce As with other life events, like having a child or changing employment, when you go through a divorce your annual tax filing will be affected.  Under Internal Revenue Code (IRC) 1041(a), no gain or loss of income or property is recognized on transfers between ex-spouses if it is made within one […]The post Tax Issues Related to a Divorce appeared first on .

Opening SCOTUS Briefs In Hobby Lobby, Conestoga

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Via Marty Lederman, the government's opening brief (PDF) in Hobby Lobby and the plaintiff's opening brief (PDF) in Conestoga. The government is the petitioner in Hobby Lobby and the Conestoga plaintiffs are the petitioners in their case. Bone up... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

HAPPENING NOW: LGBT Nigerians Jailed After Passage of New Anti-Gay Law

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Same sex conduct is banned in Nigeria. But now, brutal homophobic persecution has hit a new, unthinkable low.

Man Admits Stealing Title to Homes Then Obtaining HELOCs

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Kil Seok (“Michael”) Seo, 49, formerly of Fairfax, Virginia, pleaded guilty to bank fraud and aggravated identity theft charges in connection with his involvement in a mortgage fraud scheme. Seo was indicted on December 10, 2009, by a federal grand jury on charges related to a scheme to defraud mortgage lenders. Seo faces a maximum […]

Out-of-State DUIs and Habitual Offender Penalties in Alabama

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While every state has different licensing and DUI laws, the impact of out-of-state DUIs will vary. Cases involving habitual offenders and multiple DUIs can be complicated when the driver also has a history of DUIs in other states. Under the current state law, a drunk driving conviction from out of state will not impact your license or future sentencing if you are convicted of a 2nd or 3rd offense in Alabama. Now, a local lawmaker is pushing to change current Alabama DUI laws so that prior convictions from Tennessee, Mississippi and other states will impact your rights in Alabama. Nationwide, habitual offenders will face more extreme penalties, including permanent loss of license and an extended jail sentence. Our Birmingham DUI attorneys are committed to protecting the rights of our clients and will take a strategic approach to minimize the consequences of a DUI charge. In addition to helping clients achieve optimal results in a DUI case, we are also abreast of current trends and changes in the law that could impact results in Alabama.

Maine man gets nine months in 2009 inmate killing

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1-17-2014 Maine: John Thibeault pleads no contest to a charge of aggravated assault in the beating death of sex offender Sheldon Weinstein. ROCKLAND — A Brewer man will serve nine months in jail in... [[This,an article summary.Please visit my website for complete article, and more.]]

NYT: With Plan to Overhaul Spying, the Divisiveness Is in the Details

Miranda rights – How to keep your mouth shut (part 3 in a series)

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In the first two parts of this series, I’ve discussed the law of the Miranda rights and when the Miranda rights apply.  Now, it’s time to talk about how to invoke your rights if you choose not to talk… and you probably shouldn’t as we’ll discuss in part 4).   Who can invoke your rights? [...]

NH: ABC officers could search the office desk during a premises inspection of licensee

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Defendant ran a convenience store with a beer and wine permit. NH ABC got word he was selling liquor contrary to his license, so they went to the store to ask about it and conduct an annual premises inspection. When there, a customer came in and asked for vodka. Defendant ultimately produced a receipt showing that he’d purchased vodka but said it was for himself, but he’d apparently consumed it because it was first, gone, then second, offsite. The officers helped themselves and searched his desk in the office without asking, permission, or a warrant, and controlled substances were found. Because alcoholic beverage sales are highly regulated, the search of the desk was within the power of the ABC officers in their premises inspection. State v. Gness, 2014 N.H. LEXIS 2 (January 14, 2014): => Read more!

Pursuant to Penal Law § 30.00 (1)

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This case involving child sexual abuse committed by an adolescent raises issues of the Supreme Court's jurisdiction to resolve by guilty plea charges involving a continuous offense spanning defendant's infancy and adulthood, charges underlying a juvenile delinquency finding, and charges...

Reasonable or probable cause to arrest

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Charged by information with criminal sale of marijuana in the fourth degree and criminal possession of marijuana in the fifth degree, defendant previously moved to dismiss both counts of the accusatory instrument for facial insufficiency. A New York Criminal attorney...

Crystal Cox Has a History of Seeking Payoffs in Exchange For Retraction

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Extortionist Crystal Cox got a favorable ruling yesterday in her appeal of a $2.5 million judgment against her by Obsidian Finance.  The appeals court’s ruling can be found here, and the bottom line is that the case has been kicked back for a new trial. This does not mean, however, that what Crystal Cox does […]

Next week's criminal law/procedure arguments

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Issue summaries are from ScotusBlog, which also links to papers: Tuesday Navarette v. California: Whether the Fourth Amendment requires an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle....

"More than a Formality: The Case for Meaningful Substantive Reasonableness Review"

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The title of this post is the title of this astute new Note just published in the January 2014 issue of the Harvard Law Review. Here is the Note's introduction: Appellate review of sentencing is under assault. When the Supreme...

Your tax dollars at work in incarceration nation

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Two very different recent stories about two very different prisoners have the unifying theme of taxpayers footing the bill. Here are the headlines and the starts of the stories: "Federal appeals court upholds Mass. inmate’s right to taxpayer-funded sex change...

Drivers Leaving the Scene of a Crash – Florida 2014 Senate Bill 102

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Leaving the scene of an accident involving a death is already a first-degree felony punishable by up to 30 years in prison, although it carries no minimum mandatory sentence. DUI manslaughter is also a first-degree felony but it carries a mandatory minimum sentence of four years. The minimum mandatory requirement means that after a conviction […]

Does the Texas Transportation code (implied consent) trump the 4th amendment?

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If there is one thing law enforcement hates, it’s the 4th Amendment’s requirement to get a warrant before searching. The reason? Warrants require an officer to have probable cause, and to explain said probable cause (in writing) before getting what they want (searching your house, stealing your blood etc). Warrants provide some degree of accountability […]

Terrific white-collar sentencing event highlighting terrific FSR issue on white-collar sentencing

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For reasons that should be obvious, I may be showing a bit of bias in my positive description of an event in New York City at which I will be speaking this coming Friday and which is promoting this recent...
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