Sex offender restrictions ineffective
↧
↧
Will Tea Party players (and new MMs) be able to get the Smarter Sentencing Act through the House?
I am quite pleased and excited to see that yesterday the Smarter Sentencing Act (SSA)received significant Republican support within in the Senate Judiciary Committee, with Senators Senators Mike Lee (R-Utah), Jeff Flake (R-Arizona), and Ted Cruz (R-Texas) voting in support...
↧
Can One Get “Pain and Suffering” Awards for a Workers’ Comp Claim?
Workers’ Compensation is a specified amount that is paid out through your employer’s liability coverage when you are injured on the job. Most people find this concept confusing as is, but the way it works is once you are injured on the job, you then file a claim to receive the proper compensation. Your employer […]The post Can One Get “Pain and Suffering” Awards for a Workers’ Comp Claim? appeared first on .
↧
News Roundup
There was a mountain of interesting news this week. In Charlotte, CMPD officer Randall Kerrick was indicted for voluntary manslaughter for shooting Jonathan Ferrell. As the Charlotte Observer reports here, the indictment was issued by the second grand jury to consider the case, after the first returned a no true bill. The defense team sought […]
↧
//blawgsearch75.rssing.com/chan-6519914/article5345-live.html
Justin Bieber, the seemingly troubled and wayward teen pop idol, was arrested on January 23, 2014 by Miami Beach police on charges of DWI, resisting arrest and driving without a valid license. Bieber was charged with drag racing a $250,000 Lamborghini along a Miami roadway at approximately 60 miles per hour in a 30 mile per hour zone. Each of these charges are misdemeanors under Florida law.
When Bieber was apprehended by Miami Beach police at approximately 4:00 AM on January 23rd, he purportedly failed field sobriety tests and became angered when the police attempted to search him. It has been reported that Bieber exclaimed: “I ain't got no f***ing weapons…Why do you have to search me? What the f*** is this about?"
In Florida, as in most states in the United States, a blood alcohol concentration (BAC) of 0.08% or higher is the standard for legal intoxication. Reports are that Bieber’s BAC was considerably lower than the level for legal intoxication at approximately 0.02%. However, under Florida law, if the driver is under the age of 21, the standard for intoxication is 0.02%. Thus, Bieber may have been legally intoxicated at the time he was operating the Lamborghini. Additionally, the seemingly troubled pop singer allegedly admitted to police that he had also used marijuana and prescription medications that evening before driving, probably not the smartest thing the “Biebs” ever did in his rather rocky recent past.
Bieber was also charged with the misdemeanor of resisting arrest as he failed to keep his hands on the vehicle while the arresting officer was conducting a patdown for weapons. The arrest report notes that Bieber had bloodshot eyes, flushed face (maybe from embarrassment?) and an odor of alcohol on his breath.
One of the few intelligent moves Bieber made (or at least his management team) was to retain Roy Black as his criminal defense lawyer, who is known as the attorney who was able to obtain an acquittal for Kennedy nephew William Kennedy Smith on Florida rape charges in 1991.
In addition to facing the music for the misdemeanor charges of DUI, resisting arrest and driving without a valid driver’s license, the man whose followers are known as “Beliebers” has another significant problem which must be addressed, and probably by a different hired gun. Bieber is a citizen of Canada, and is in the United States on an O-1 work visa, which is granted to foreigners with “extraordinary ability in the sciences, arts, education, business or athletics.” With Bieber’s recent past of alleged egg throwing, drag racing, urinating in public and spitting, and a question mark as which of the above categories he fits into—(is what the Biebs puts out “extraordinary art”?), he certainly has done absolutely nothing in the recent past to convince any administrative judge in the Department of Homeland Security that it is in the interests of the United States to grant Bieber continued residence in this country. If I were advising Bieber, my advice would be simple: get into rehab for whatever is troubling you, and fast.
↧
↧
Alcohol-related Union County Arrests Include Traffic Accidents and Late-night Police Stops
A 53-year-old Plainfield, NJ, driver was taken into custody by members of the Garwood Police Department following a traffic accident near the intersection of South Ave. and Center St. According to news articles, a collision took place around 1am in the morning when a white van reportedly slammed into the back of another motor vehicle. Based on police information, a number of 911 calls were made calling officers to the scene as the driver of the van allegedly attempted to leave the scene of the crash.
Officers arrived shortly thereafter to find that one person had reportedly removed the driver of the van from his vehicle. Upon investigation, the patrolmen determined that the suspect was "so intoxicated" that he allegedly could not maintain his balance. As a result, the officers took the man into custody and arrested him for drunken driving. The other driver whose vehicle was hit complained to emergency responders of back pain and was transported to a local hospital for treatment.
The suspect was taken to police headquarters where he was charged with additional offenses, including a couple criminal complaints -- vehicular assault and operating a motor vehicle on a suspended license reportedly due to multiple previous DWI convictions. The man was eventually released on $5,000 bail pending trial.
↧
What Constitutes an “Assault With a Deadly Weapon” in Alabama?
“Assault with a deadly weapon” is an additional crime that can increase your charges and penalties. If convicted, the results can have a major impact on your case. While you may think that “deadly weapons” are limited to guns, knives or other dangerous instrument, the law has been applied to household items and other objects. … Continue Reading
↧
The federal PACER and electronic filing services are down again!?!?!
I just received this note from an experienced federal practitioner: Doug, you may want to post a PSA. The national server for the federal courts is down. I just confirmed with the clerk at the Fourth Circuit. So no or...
↧
Is Marijuana Legal in Pennsylvania?
Not yet, but a recent proposed Senate Bill seeks to legalize marijuana for medicinal purposes. Pennsylvania could join the twenty other states which have legalized medical marijuana. A full copy of the proposed law can be found here. The bill would be known as the Compassionate Use of Medical Cannabis Act. It would create an […]
↧
↧
Professor/practitioner perspective on DAG Cole's puzzling clemency conversation
Nearly everyone I know invested in the modern debate over federal clemency policies and practice have been intrigued and puzzled by the clemency comments made by Deputy Attorney General James Cole yesterday at the New York State Bar Association Annual...
↧
Is Concession of Guilt In Opening Statement A Guilty Plea?
During the defendant’s opening statement at trial, Denardo Hopkins’ lawyer got up in front of the jury and conceded that this client was guilty of felony drug dealing charges. The issue the D.C. Court of Appeals faced in Hopkins v. United States, __ A.3d __ (D.C. 2014), was this: Did this admission constitute a guilty […]
↧
Super Bowl Troubles – Need Lawyer? New York and New Jersey Lawyer
If you are attending the Super Bowl this weekend and get caught in a bad situation in or around the Metlife Stadium in East Rutherford, New Jersey or anywhere in either New Jersey or New York and need the assistance of an experienced New York and New Jersey Criminal/DWI/DUI or Traffic Attorney feel free to [...]
↧
Single vehicle crash near Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: January 31, 2014 5:16 p.m.
Please direct questions to the District Office
The Idaho State Police are on scene of a one-vehicle crash northbound Interstate 15 at milepost 89, near Blackfoot. There is no road blockage at this time. More information will be released as it becomes available.
-------------
↧
↧
The juvenile was then released from custody...cont
Further, the offender argues that the mere existence of evidence which would preclude his conviction if believed by the jury is adequate to prevent his conviction even if that evidence is disbelieved by the jury, when the case against...
↧
Memorandum Decision...cont
The issue in this case is whether Memorandum Decision issued March 11, 2004 ("OATH decision" as Exhibit 3 to Verified Petition) by respondent is arbitrary, capricious and contrary to law. Preliminarily, it must be noted that the January 22nd...
↧
Raskolnikov still resonates with Texas prison inmates
Check out Maurice Chammah's story in Texas Monthly, "When prisoners read Dostoevsky's 'Crime and Punishment,' it's pretty powerful."
↧
The Obligation of a Defendant in New York to Provide Discovery
byJill Paperno,author ofRepresenting the Accused: A Practical Guide to Criminal DefenseSometimes we're so busy focusing on getting discovery and subpoenaed documents, we forget about our own discovery obligations. What do we have to give and when do we have to give it? Even experienced defense attorneys are sometimes confused by the rules. Of course, if you've got a great statement from a complainant about how they lied about everything, feel free to give it to the prosecutor if you think it will resolve your case. (But if the only thing that will happen is that the prosecutor will threaten and bully the witness, keep it in your pocket until you are required to disclose.) This topic came up recently in a friend's trial, when the prosecutor asked defense counsel for the statement defense counsel's investigator had taken from the complainant. It reminded me of a case I had years ago when the prosecutor asked me for all of the family photos I had collected for use in a sex offense trial. So what do we have to turn over, when do we have to turn it over, and what do we do when the prosecutor's request or demand goes beyond what they are entitled to. First - what do we have to turn over? Defense discovery, like prosecution discovery, is governed by Article 240 of the Criminal Procedure Law. As with the prosecutor's discovery obligations, our obligations vary depending on the stage of the proceedings. For felonies, the obligations must be considered from the time of the PH (Preliminary Hearing). The next stage is following a prosecutor's demand. Then hearings, then trial. For misdemeanors, other than the PH, the stages are the same. Because you have to turn over statements of witnesses, whether signed or written by your investigator (or you), you must make conscious, strategic decisions about whether you want to take a statement or have your investigator take notes, or instead simply remember what was said. There are pros and cons to each: Factors favoring preserving witness statements in writing or by some form of recording: If an investigator has spoken with the witness, and it was a while ago, the investigator may forget inconsistencies that arise in court proceedings; A witness may be better able to deny a prior statement that was not preserved; An investigator may appear less professional when testifying if there are no notes about the witness's statement; If the witness is frail, or a child, you may want to "show how it's done" to the jury and demonstrate that your questions didn't confuse the witness or trick them in some way (in contrast to those prosecutor witnesses) as you record and ask non-leading questions if the video becomes necessary at trial. I've done this in sex offense cases, first vetting the questions with a mental health professional, and making sure my tone, body language and questions, as well as the setting and circumstances of the child, are all appropriate. On the other hand: Once a statement has been preserved, you have to keep it and turn it over. If a defense witness's version becomes more favorable over time, and you put the witness on, you still have to turn over the more damaging version, which will be used by the prosecutor to undermine your witness's version;If the witness testifies early in the case (less common), the prosecutor may learn of your defense or key strategy and you can lose the element of surprise. For example, if an investigator who took witness statements testifies at a hearing about measurements, you may have to turn it over. (Although the statute limits disclosure to material "which relates to the subject matter of the witness's testimony" don't bank on winning the argument that the notes of the witness statements don't relate. Some judges allow prosecutors to avoid turning over certain documents at hearings on this ground, but I'm not usually feeling that lucky.) My general rule of thumb is to get written notes or statements from prosecution witnesses, since it's not likely those notes will damage my case, to take statements from favorable witnesses who may become unfavorable in the future - on-again-off-again girlfriends or boyfriends, for example, and no statements from solid, favorable witnesses. ( I may jot some things down in trial preparation as work product.). If I do take notes during a witness interview, I use abbreviations and my sloppiest handwriting - which is pretty sloppy. I have to turn it over but I don't have to interpret it. Sometimes during witness preparation I just write down the questions I will ask the witness, based on our discussion. I let them know that's what I'm doing so if asked, they'll know I wasn't taking notes. Remember - your experts' raw notes are also subject to discovery. Let them know this when you first meet so they don't make stupid doodles or inappropriate comments on their notes. You must also remember your clients' statements are protected by privilege(as long as you didn't meet with third parties during your conversations) or whether your information is work product. Neither has to be disclosed but the records or notes must meet certain criteria to qualify and thus be exempt from disclosure. So what has to be turned over at a hearing? And when? First take a look at 240.44 - § 240.44 Discovery; upon pre-trial hearing.Subject to a protective order, at a pre-trial hearing held in a criminal court at which a witness is called to testify, each party, at the conclusion of the direct examination of each of its witnesses, shall, upon request of the other party, make available to that party to the extent not previously disclosed: (emphasis added) As you can see, the statute says you don't have to turn it over unless requested by the prosecutor, and until the conclusion of your direct. But the same rule applies to the prosecutor. Do you wait? Do you fail to turn it over unless requested? This depends, I think, on where you practice, how your opponents operate, and what kind of reputation you want to develop. Where I practice, it is expected that counsel will provide prior statements of the witness (also referred to as Rosario material, see People v. Rosario) without request. Failure to do so would be perceived as sharp practice, and if you're caught - say you don't turn it over, the judge asks if Rosario has been provided and you say, "No, but they didn't ask", you will develop a reputation for being sneaky even though you were technically correct. And wait to see what happens the first time you forget to ask. And you will. As for timing, the prosecutors where I practice uniformly provide Rosario before the hearing so you don't have to waste time in the middle of the hearing recessing to read it. If I know I am calling witnesses, I provide mine at the beginning of a hearing unless there is a strategic reason to wait - like the prosecutor may show the notes to a witness who might tailor their testimony. If I don't know if I'm calling a witness I wait till just before my direct. (I will forget right after cross and the judge will get irritated - to me, it's just not worth it.) So what has to be provided at the hearing? CPL 240.44: 1. Any written or recorded statement, including any testimony before a grand jury, made by such witness other than the defendant which relates to the subject matter of the witness's testimony.2. A record of a judgment of conviction of such witness other than the defendant if the record of conviction is known by the prosecutor or defendant, as the case may be, to exist.3. The existence of any pending criminal action against such witness other than the defendant if the pending criminal action is known by the prosecutor or defendant, as the case may be, to exist. Some prosecutors claim they don't know of prior convictions or pending actions in an effort to avoid having to turn material over. So get that information yourself, feign ignorance, and make it bite them in the tuchus. But don't put yourself in that position - is it really worth not knowing about your witness's priors, when the prosecutor will certainly learn of them, and you will not have had the chance to voir dire on them, or question on direct, or even decide not to use the witness? The Discovery Demand After arraignment on a misdemeanor accusatory instrument, or an indictment, defense counsel may (and if you ask me, must) file a discovery demand. And so can the prosecutor. On a felony, there is no right to file a demand for discovery until after indictment. CPL 240.30(1) does not authorize discovery on a felony complaint. Thus, there is no right to statutory discovery while the felony case is in local court, unless there is a hearing as discussed above. The CPL requires the defense to turn over discovery pursuant to a demand as set forth in CPL 240.30. CPL 240.80 sets forth the period in which a demand must be made. If you do not wish to comply, that statute sets forth provisions for opposing the demand. Otherwise you must comply within 15 days. What must be turned over? CPL 240.30 answers that question. (a) any written report or document, or portion thereof, concerning a physical or mental examination, or scientific test, experiment, or comparisons, made by or at the request or direction of, the defendant, if the defendant intends to introduce such report or document at trial, or if the defendant has filed a notice of intent to proffer psychiatric evidence and such report or document relates thereto, or if such report or document was made by a person, other than defendant, whom defendant intends to call as a witness at trial; and(b) any photograph, drawing, tape or other electronic recording which the defendant intends to introduce at trial. As you can see, discovery obligations are fairly limited with important caveats. Subdivision (a) only requires disclosure if the defense intends to offer the records at trial, if there will be a CPL 250.10 psychiatric defense, or if the report was prepared by someone you will be calling at trial. Often we explore psychiatric defenses but elect not to use them. THOSE RECORDS DO NOT GET TURNED OVER. Additionally, if you do not know if you are calling a witness at trial, do not turn over the records until you are sure. As for subdivision (b), if you know you are using these items at trial, by all means turn them over. But if your use depends on what happens during the prosecution case, then you do not have to. For pre-trial hearings, go back to CPL 240.44. For trial you must comply with the discovery requirements of CPL 240.45(2), which does not require disclosure until the conclusion of the prosecutor's direct case. That statute is similar to the hearing statute. So what do you do when the prosecutor asks for all of your photos, and you do not intend to offer them? Just say no. We all want to be liked, so it might be hard to say no. Maybe easier if you're a parent. But you don't want to give the prosecutor anything that you don't have to, especially if it might hurt your case. You can say "no" with a smile if you like, but they still may not like you. What if the DA asks the judge to order you? In my case, the judge looked at me and asked if I was going to give the prosecutor the photos. I said I wasn't using them (I''d already turned over the ones I was using) and said no. The judge looked at the prosecutor. The prosecutor requested he order me to turn them over, and the judge said no. Similarly, the attorney in the recent trial, when the prosecutor asked for the complainant's statement recanting, as given to her investigator, she politely declined. (Never turn that over at trial if you are not legally required to - they had their chance to do the right thing.) And the judge did not order her to provide it.
↧
↧
Ponzi Associate Jailed For "Mind-Boggling" Money Laundering Scheme
A New York man accused of playing a role in the $425 million Ponzi scheme perpetrated by Nicholas Cosmo had his bail revoked by a New York federal judge who called "mind-boggling" his efforts to hide over $1.7 million in illicit scheme proceeds. Anthony Ciccone, 39, was ordered into custody by Magistrate Judge A. Kathleen Tomlinson after prosecutors detailed a multi-year scheme by Ciccone to hide nearly $2 million that he gained from Cosmo's Ponzi scheme. Ciccone had previously pleaded not guilty to criminal charges resulting from the scheme.
Ciccone was one of the top brokers in Cosmo's Agape World, which promised investors huge returns in short-term investment contracts. Ciccone was one of Cosmo's many brokers who were paid handsome commissions in return for steering investors into Agape World despite the existence of numerous red flags surrounding the investments. Ciccone, who was formerly a postal worker in Manhattan, ended up receiving approximately $15 million from Cosmo in commissions.
Cosmo was indicted on thirty-two counts of wire fraud and mail fraud, and later pleaded guilty in October 2010 to one count each of wire fraud and mail fraud. Cosmo was subsequently sentenced to a twenty-five year prison term in October 2011. While Cosmo was originally the only one facing criminal charges, authorites later unveiled civil charges against more than a dozen brokers in June 2012, with four brokers, including Ciccone, also facing parallel criminal charges.
After Ciccone was arraigned on a superseding indictment earlier this month, Magistrate Judge Tomlinson agreed to allow him to remain free on the original $1 million bail. However, prosecutors subsequently alleged that Ciccone had been involved in an intricate plot to conceal nearly $2 million realized from Cosmo's scheme. According to prosecutors, Ciccone overpaid approximately $1.7 million in federal and state income taxes beginning in 2008 that was comprised of Ponzi scheme proceeds. Several years later, the funds were returned to Ciccone in the form of tax refunds, and Ciccone subsequently had his wife and mother-in-law launder the refund money through their bank accounts. Once back in Ciccone's possession, the funds were then used for expenses, to pay for two Florida businesses, and even for $350,000 in gold coins.
To date, authorities have only been able to recover approximately $10 million for Cosmo's victims - representing approximately 5% of the $179 million estimated to be lost.
↧
UPDATE - Single Vehicle Crash near Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: January 31, 2014 8:10 p.m.
Please direct questions to the District Office
*** FINAL UPDATE ***
On January 31, 2014, at approximately 4:57 p.m., the Idaho State Police investigated a non injury, one-vehicle crash northbound Interstate 15 at milepost 89, near Blackfoot. Ryanne Benao, 29, of Pocatello was traveling southbound on Interstate 15 near milepost 90, in a 2010 Chevrolet Impala, when her vehicle went off the left shoulder. The vehicle traveled into the median and hit an emergency crossover, which caused it to become airborne. The vehicle was airborne for approximately 99 feet before it landed in the median. The vehicle then crossed the northbound lanes of traffic, traveled through the right-of-way fence and across the frontage road, where it came to a stop.
Benao was wearing her seatbelt at the time of the crash. The crash is still under investigation by the Idaho State Police.
*** END OF UPDATE ***
The Idaho State Police are on scene of a one-vehicle crash northbound Interstate 15 at milepost 89, near Blackfoot. There is no road blockage at this time. More information will be released as it becomes available.
-------------
↧
Shoplifting Charge Dismissed in Somerset County Municipal Court
Somerset County shoplifting attorney beats charges in a local municipal court for nurse facing suspension and non-citizen facing the possibility of deportation. Continue reading →
↧
More Pages to Explore .....
