From The Huffington Post: The 43-year-old woman has not been charged with a crime, The Longview Daily News reports, but a Cowlitz County judge ordered a material witness warrant for her after she failed to show up for pre-trial meetings...
"Sex Assault Victim Jailed To Make Her Testify Against Accused Rapist"
↧
↧
Columbus Judge dismisses Drug Analog case against prominent Columbus businessman
On February 19, 2014, two major Columbus drug trafficking cases filed against our client in the Franklin County Court of Common Pleas (cases 12 CR 3898 and 12 CR 5477) were dismissed on the grounds that the drugs at issue in the case, alleged “controlled substance analogs,” were not illegal to possess or sell under […]
↧
The Boilerplate OUI Police Report; A Criminal Defense Lawyer's Dream
Time and time again I have commented that at least in Massachusetts the OUI police reports that I read are essentially boilerplate. From officer to officer, report to report, I can recite by memory, almost verbatim the content of those...
↧
"If You Think You're Anonymous Online, Think Again"
FourthAmendment.com links to this NPR piece. In part: Investigative reporter Julia Angwin was curious what Google knew about her, so she asked the company for her search data. "It turns out I had been doing about 26,000 Google searches a...
↧
Unwarranted Sentencing Disparities Among Defendants With Similar Records Who Have Been Found Guilty Of Similar Conduct
Juan Prado was a mildly corrupt Chicago cop who pled guilty to taking bribes from tow truck operators in order to funnel business their way. At sentencing he argued for a downward variance based on several factors, including the downward...
↧
↧
Garrett on The Banality of Wrongful Executions
Brandon L. Garrett (University of Virginia School of Law) has posted The Banality of Wrongful Executions (Michigan Law Review, Vol. 112, 2014, Forthcoming) on SSRN. Here is the abstract: What is so haunting about the known wrongful convictions is that...
↧
Does My Child’s School Need to Know About My Child’s Arrest?
Often one of the first concerns of a parent whose child is facing a criminal juvenile situation is “do I have to tell their school about this situation?” There is no legal requirement that you disclose your child’s situation to…Read more ›
↧
Mungan & Klick on Discounting and Criminals' Implied Risk Preferences
Murat C. Mungan and Jonathan Klick (Florida State University - College of Law and University of Pennsylvania Law School) have posted Discounting and Criminals' Implied Risk Preferences on SSRN. Here is the abstract: It is commonly assumed that potential offenders...
↧
HOW ONE FLORIDA JUDGE USES A CARROT CAKE & STICK APPROACH TO HELP DEFENDANTS STOP ABUSING DRUGS
Lately criminal law has been swamped with specialized courts to handle defendant's with special needs. It began with juvenile courts, then moved on to drug courts, where one Florida judge will even bake cakes for Defendants to help them stop abusing drugs.Now in Tampa Bay and Florida on an experimental basis one can find mental health courts, domestic violence courts, combat veterans courts and my favorite - watching a few boisterous judges and lawyers firing salvos while ambling around tennis courts. Let Defendant's Eat CakeThe idea behind these courts is commendable. Find the root cause of the criminal behavior. Push the defendant to accept responsibility for the criminal behavior by offering a plea agreement that is too good to pass up. Often a plea bargain may not include much, if any, time in prison. Instead there is a carrot or to be more exact a carrot cake and stick approach. Help if offered thru counseling, therapy, medication during long years of probation with frequent, expected and unfortunate probation violations each of which forces the defendant to remember how close prison may be.The key is having an effective, sympathetic judge who really cares about the lives of those before her and who aims to make a difference in those lives not only by punishment by helping the defendants to make actual changes in their lives. A fine example of how this should work can be found in the Pinellas Drug Court courtroom of Judge Dee Ana Farnell who celebrates with cake, cookies and ice cream she brings for defendants and their families when some of her defendants are finally taken off probation. Remarkable. It's exactly the kind of forward thinking that the criminal court system needs.Yet, I'm not inclined to believe that specialized courts are the complete answer. Rather than merely categorize and subdivide particular groups and subgroups of defendants, why not try to help each and every one of them? Even those, perhaps especially those who have committed a violent crime? Wouldn't it be worth while to ferret out the root causes of each criminal act. And where the causes are intractable, then give prison. Where the problems are solvable, then solve them.What Judge Farnell is doing in drug court, is what every judge should be aspiring to do at every level. Temper punishment with help. Find the root of the criminal conduct. Then send the defendant to prison if you must for those defendants who can not or will not be helped. But for those who can be helped find brave judges who aren't afraid to show mercy, temperance, compassion, understanding; judges who are ready to bake cakes for defendants in celebration of the best results.
↧
↧
Judge Bye on Missouri Practices
The U.S. Circuit Court of Appeals for the Eighth Circuit's en banc ruling in Taylor v. Lombardi, with Judge Bye's dissent, is available in Adobe .pdf format. The Guardian reports, "US judge attacks states' lethal injection methods as 'high school...
↧
Federal judge rejects as too lenient plea deal for Illinois state judge guilty of drug and gun charges
This local sentencing story from Illinois is notable both for its participants and as a rare example of a federal judge rejecting a plea deal in a drug case for calling for a sentence deemed too low. The article is...
↧
OH10: Dog sniff outside commercial storage unit doesn't invade privacy interests
A dog sniff outside a commercial storage unit does not violate any reasonable expectation of privacy. State v. Johnson, 2014-Ohio-671, 2014 Ohio App. LEXIS 655 (10th Dist. February 25, 2014).
Protective sweep argument was waived by not including it in the motion to suppress. United States v. Aguilar, 2014 U.S. App. LEXIS 3590 (8th Cir. February 26, 2014).*
Based on witness reports, the officers had probable cause to detain defendant. United States v. Cook, 2014 U.S. Dist. LEXIS 24034 (N.D. Iowa February 25, 2014).*
The state offered two justifications for the defendant’s stop for suspicion of DWI, but the trial court suppressed considering only one. Remanded. State v. Horvath, 2014-Ohio-641, 2014 Ohio App. LEXIS 633 (9th Dist. February 24, 2014).*
↧
What Constitutes Resisting Arrest in Utah?
Lawful Arrest Resisting arrest, or interference with an arresting office, is a crime that gets tacked on as an additional offense for any defendant who didn’t just roll over for the cops. If you are a suspect for a crime … Continue reading →
↧
↧
Consideration of Juvenile Information at Sentencing
A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. 15A-1340.11(7)) includes only a previous “conviction” for a “crime.” By law in North Carolina, a juvenile adjudication is not a conviction at all, and so […]
↧
The SCRAM Bracelet As An Alternatives To Jail Time For DUI Multiple Offenders
As anyone who has been convicted of driving under the influence can tell you, the consequences definitely have a negative impact on one’s life. But, the consequences of multiple convictions will result in much more than just having a negative impact; it may, and usually does, result in jail time. How long depends upon several things such as 1) how many priors you have; 2) your blood alcohol level for this arrest, as well as the other; and 3) whether the priors are “priorable” meaning were they within the past ten years.
In a situation where the evidence in your most recent arrest for DUI is so overwhelming that a conviction is imminent, your defense attorney should begin to focus on alternatives to jail time. Because law enforcement and courts are cracking down on driving while intoxicated, they are demanding that multiple offenders be ordered to spend time in jail, or in some cases prison, depending upon the circumstances. One alternative to spending time in jail is “SCRAM” and could be the alternative to jail time if you have a good DUI defense attorney. Below is more information on SCRAM and how it works.
SCRAM stands for Secure Continuous Remote Alcohol Monitor. It is a high-tech monitoring tool used to track an individual’s alcohol consumption and is worn like a bracelet on the ankle of the individual being monitored. The individual wearing the bracelet can be monitored 24 hours a day, seven days a week. The bracelet is able to read the blood alcohol level and report those readings to law enforcement. The difference between a blood or breath test and SCRAM is that, unlike blood and alcohol tests, the bracelet can obtain a sample of the wearer’s sweat and can detect any alcohol that may be present in the person’s skin. While being worn, the wearer’s sweat is tested every half hour. Any amount of alcohol detected would be a violation in that those who are fortunate enough to wear the SCRAM bracelet in lieu of jail time are not allowed to consume any alcohol at all, regardless of how little they consume.
The SCRAM device is non-invasive in that it gets its readings from the sweat and skin of the wearer. It is worn 24 hours a day and is therefore monitoring the person 24 hours a day. When the device is taking a reading, the wearer may feel a slight vibration but otherwise can be worn quite comfortably.
The SCRAM bracelet is constructed in such a way that any attempt to remove it, temper with or interfere with it’s readings, will be detected and reported to whom ever the supervising agency is.
Even if you have heard of the SCRAM bracelet, what some people might not know is that the bracelet can detect your whereabouts. So, if you have been given house arrest, the bracelet can detect if you leave your home. All of the tests/monitored results are stored electronically and are made available to your supervising agent at any time.
While it may sound like big brother is constantly watching you, in reality, the main purpose of the SCRAM bracelet is to help you refrain from drinking alcohol. Most people who end up using this device are people who have a substance abuse problem and in an effort to avoid jail time, may find it extremely useful in their fight to overcome their addiction.
So if you have been arrested for DUI, and especially if it is not your first, consulting with an experienced DUI defense attorney is your best chance at finding an alternative to spending time in jail. A good defense attorney who has a good reputation and respectful working relationship with the District Attorneys and Judges in the County in which your case is pending, may be able to convince the District Attorney and/or Judge to allow you an alternative to incarceration.
↧
Criminal Term denied the motion
A Queens Grand Larceny Lawyer said that, following a hearing, Criminal Term denied the motion to suppress the conversation on the ground that the former police officer was acting in the interest of the bank, that he was not acting...
↧
Director of the New York Methadone Maintenance ...cont
'Under existing law, whenever an offense is predicated upon possession or sale of a specific weight of dangerous drug, the weight is determined by the Aggregate weight of any mixture or compound which contains the particular dangerous drug
The Commission report then discusses various criteria for determining weight related penalties, giving particular significance to the number of doses a particular quantity of drug would generate in the illicit market. Relating the doses to weight, as found by the legislative commission and interpolating the number of doses into the 1973 possessory offense under which the defendant is charged, the Court see that the Other drugs listed in the possession in the second degree statute are all of quantities reflecting a substantial number of doses both in aggregate and pure weights.
The defendant has submitted the affidavit of an Assistant Commissioner in the New York City Department of Health, and Director of the New York Methadone Maintenance Treatment Program. The People have conceded Dr. Newman's expertise.
This conclusion may explain why defendant's possession and sale are treated as A--II and A--I felonies under the statutes. However, it does not directly affect the legal principles applicable to her constitutional challenge. What the Legislature may have known, or be presumed to have known, when passing a law certainly is relevant to the resolution of ambiguities or problems in the construction of a statute. It is not directly relevant to the question of whether there is a rational basis for the classification drawn by the Legislature. Whether there is a rational basis must be decided on the facts as they are, not as they may have been or were thought to be.
The remaining charge, Criminal Possession of a Controlled Substance in the Third Degree is based upon the defendant's Possession of the methadone with intent to sell. Under subsection 1 of this section, the possession of any quantity of any narcotic with intent to sell it is proscribed and punished as a class A--III felony.
Since this charge is not predicated upon any particular weight of methadone, it is not subject to the objections discussed above. Neither is the charge subject to a constitutional objection based upon its classification as a narcotic drug. Although methadone, in the federally required formulation could perhaps more appropriately have been treated by the Legislature as a 'narcotic preparation', as discussed below, there is nothing unreasonable or irrational in the classification of methadone as a 'narcotic drug' together with other substances listed in Public Health Law schedules I and II.
The drugs which are classified as 'narcotic preparations' are subject to a maximum class C felony charge for possession or sale. A second similar offense increases the grade of offense to a class B felony.
The controlled substances presently subject to the narcotic preparation classification are those in schedules III(b) and III(c) of Article 33 of the Public Health Law and include Nalorphine, a narcotic antagonist used in the treatment of addicts and therapeutic formulations.
While the similarities and dissimilarities in chemical properties among the narcotic drugs, narcotic preparations and methadone are significant to the ultimate legislative decision as to how diluted methadone should be classified, counsel points to other factors which warrant consideration. Of particular significance is the fact that almost all of the pending methadone sale cases involve former heroin addicts who have sold a portion of their take-home supply and 'stretched' the balance to cover their own needs.
Thus, the seller of his own clinic-supplied methadone is limited, at the maximum to two or three ten dollar sales a week. The person selling illicitly acquired drugs, on the other hand, suffers from no such restriction. Thus, it reasonably can be predicted that the person who is caught selling ten dollars worth of heroine or cocaine has access to more drugs, and thereby poses a greater threat to the community.
Additionally, it should not pass unnoticed that the persons selling part of their program-supplied methadone are addicts who are making an effort to overcome their addiction. That some should falter by selling a few dollars worth of their state-supplied marijuana to an undercover officer posing as an addict is unremarkable and suggests a need for understanding and compassion greater than the mandatory life imprisonment required by the statute. However these are arguments which should be advanced to the Legislature, not the courts.
Dangerous drugs, by the word itself are dangerous, we should not use or try these stuffs.
↧
↧
Investigators Baffled By Bellevue DUI Accident With No Serious Injuries
A possible double DUI accident that occurred early Thursday morning – February 27 – has left local authorities and investigators baffled by the lack of serious injuries. According to officials from the Bellevue Police Department, the fact that a passenger in the one the vehicles was not seriously injured, let alone killed, is amazing. Authorities reported that the incident could – and should – have been much worse.
Shortly before dawn Thursday morning, a vehicle making a turn at the 148th St. / NE 31st St. intersection near the Microsoft Campus at the border of Bellevue and Redmond was T-boned by a SUV believed to have been speeding at the time. According to investigators who later arrived at the scene, the majority of the collision's force was absorbed by the pillar separating the front and back doors. Still, authorities were "amazed" that the passenger did not suffer more serious injuries.
Bellevue PD reported that both drivers exhibited signs of impairment. Both were arrested for vehicular assault until investigators can more definitively determine who is at fault and whether either driver was actually impaired. A department official also commented that the driver responsible for causing the crash would likely face the vehicular assault charge and that the other would be charged with driving under the influence (DUI).
DUI Accidents Causing Injury or Death
Fortunately, this accident did not result in serious injuries or death. For thousands of other drunk driving accidents, however, the same cannot be said. Because drunk driving does injure and kill numerous Americans each year, law enforcement throughout the state of Washington and the United States have intensified their focus on arresting, prosecuting, and severely penalizing impaired drivers. Motorists who cause injury or death as the result of driving impaired face event steeper consequences.
Vehicular Assault –Individuals who cause injuries while driving under the influence may be charged with vehicular assault, which is punishable by up to $10,000 in fines and up to five years' imprisonment.
Vehicular Manslaughter –Vehicular manslaughter, also referred to as vehicular homicide, is the most serious DUI allegation one can face. Individuals who cause death while driving under the influence can face life-altering penalties and lengthy terms of imprisonment.
If you or someone you know has been charged with DUI – including vehicular assault or vehicular manslaughter – working with an experienced defense lawyer should be your first priority. For a FREE case evaluation with Lynnwood DUI attorney Jonathan Dichter, call 866-620-9524.
↧
Kolber on Whether There Will Be a Neurolaw Revolution
Adam J. Kolber (Brooklyn Law School) has posted Will There Be a Neurolaw Revolution? (Indiana Law Journal, Vol. 89, p. 807, 2014) on SSRN. Here is the abstract: The central debate in the field of neurolaw has focused on two...
↧
Police Officer’s act of reaching into the automobile and recovering the gun was unlawful
A Queens Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered May 25, 1995, convicting him of criminal possession of a weapon in the third degree, upon his...
↧
More Pages to Explore .....
