Regular readers know that I have long covered marijuana laws, policies and reform advocace in this blog because I see so many crime and punishment issues intersecting with the drug war generally and criminal justice approaches to marijuana specifically. And,...
Who will create an astute marijuana litigation and legal practice blog?
↧
↧
VIctims of Michigan Foreclosure Rescue Scams Receive Distribution
$114,542 will be distributed from the Homeowner Protection Fund to more than 112 victims of the Hope4Homeowners mortgage rescue scam. Michigan law prohibits foreclosure rescue companies, which provide foreclosure advice, from making misleading or false statements, or charging service fees before any service is completed. Help4Homeowners, an Oakland County mortgage rescue scheme, was charged in […]
↧
Federal Jury Convicts 2 Real Estate Investors of Bid Rigging at Foreclosure Auctions
Andrew B. Katakis and Donald M. Parker were found guilty following a four-week trial of conspiring to rig bids at public real estate foreclosure auctions held in San Joaquin County, California. The defendants were found guilty in the U.S. District Court for the Eastern District of California, of conspiring to rig bids at real estate […]
↧
How Nigerians Are Fighting Back Against Oil Companies
When it comes to oil spills in the Niger Delta, it's not what you've suffered or what you know; it's what you can prove.
↧
Extra DUI Patrols Planned For St. Patrick’s Day Weekend in Twin Cities
The Minnesota State Patrol announced that are adding extra DUI patrols in the Twin Cities to combat drunk driving during the long St. Patrick’s Day weekend. Donna Berger, director of the Minnesota Department of Public Safety Office of Traffic Safety (DPS/OTS), said the extra enforcement is necessary, especially during a four-day holiday celebration. “Long-weekend holiday […]
The post Extra DUI Patrols Planned For St. Patrick’s Day Weekend in Twin Cities appeared first on The Appelman Law Firm Law Blog
↧
↧
Why You Should Never Charge People An Entry Fee To Your Party
You should never charge people an entry fee to your party when alcohol is being served. If a partygoer hurts him or herself while at the party, you could be held liable for the injury.
↧
Whistleblower Lawsuit Leads to $85 Million Recovery from Hospital Accused of Paying Referral Fees to Doctors
Copyrighted Material by The Pate Law FirmThe Department of Justice (DOJ) has announced a settlement with Dayton Beach, Florida-based Halifax Hospital Medical Center and Halifax Staffing Inc. (Halifax) over allegations that the hospital system violated the False Claims Act....Read More »The Pate Law Firm LLC
↧
Ghost Of Executed Cameron Todd Willingham Awakens Again To Clear Name
In December 1991 a fire at the Corsicana, Texas residence of Cameron Todd Willingham claimed the lives of Willingham’s three children. Navarro County law enforcement and arson investigators quickly put… read more →
↧
Trial Exhibits In the Jury Room: Boilerplate Rules
United States v. Loughry No.13-1385. BACKGROUND. In 2007, United States Postal Inspection Service (“USPIS”) inspectors discovered that an internet bulletin board site called “the Cache” was providing users with access to images and videos depicting child pornography. After obtaining a...
↧
↧
TN: 15 detention without doing anything to investigate made stop unreasonable; DUI suppressed
Detaining the defendant 15 minutes before even considering a field sobriety test made the stop unreasonable. He had her DL and made her wait. Then he decided to investigate. State v. Montgomery, 2014 Tenn. Crim. App. LEXIS 217 (March 12, 2014):
=> Read more!
↧
Three women arrested in Nassau County prostitution sting; two facing more serious charges
An undercover prostitution investigation in Nassau County led to the arrests of three women this month and a fourth will be summoned to appear in court. Detectives said they contacted the women who were advertising their services on the internet and asked to meet them at a Nassau County motel, according to a report in the Florida Times-Union. Once the woman and the detective agreed to a deal where she would perform a sex act for money, the woman was arrested, the newspaper reported.
Police will periodically conduct these types of investigations that lead to Nassau County Sex Crimes charges. In some cases, police will run fake ads on sites like this and then arrest the men who come to the hotel thinking they are meeting a prostitute. In this Nassau County Sex Crimes investigation, though, the focus was on the women. Prostitution itself, if the defendant does not have a length history of the crime, does not have a severe penalty. But, in many of these Nassau County Sex Crimes cases, the women will have drugs or drug paraphernalia on them at the time of the arrest - or they have a warrant on a different charge. That was the case for two of the three women arrested in this recent sting, and police know that will likely be the case when they conduct these investigations. But, on its own, engaging in prostitution is a second-degree misdemeanor, punishable by a maximum of 60 days in county jail. That's for a person's first offense. If a person has been convicted of the crime or has pleaded guilty to the crime before, the next arrest is a first-degree misdemeanor, punishable by up to one year in the county jail. Once a person has two convictions, the crime becomes a felony and state prison comes into play. The charge becomes a third-degree felony, punishable by up to five years in state prison.
The important thing to remember in Nassau County Sex Crimes Cases such as this, or any crime where the misdemeanor or felony degree increased based on the defendant's criminal record, is that arrests are not the same as convictions. If a person is arrested for prostitution and the charge is dismissed or the person is found not guilty at trial, neither would count against the defendant. So someone could have multiple arrests, but still only be facing the second-degree misdemeanor as if it was a first offense. That's one reason why having a Nassau County Criminal Defense Attorney on board is critical. While the inclination can often be to plead guilty to a charge to get out of jail, it can cause long-term damage if a person is ever arrested again on a similar charge.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Nassau County Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
↧
Sixth Amendment Right of Confrontation in Maryland
In a recent case, a man was shot and killed in the Malaska family’s front yard. The Malaskas and their neighbors (an unmarried couple) disagreed about their adjacent rural property. The couple used their property as a horse pasture. Both parties claimed they were the owners of trees that were between the pasture and the […]
↧
Facebook Friendship Turns Fatal
With the explosion of internet dating and the old tried-and-true “I met him at a bar”, women have every reason to be cautious about who they hook up with. Certainly, if they are not, they are taking an enormous chance that their new boyfriend has a past that would scare even a female wrestler. Sadly, […]
↧
↧
Obama and Deportation Policy
Republican intransigence over immigration reform may result in President Obama easing Homeland Security's removal (previously called deportation) policies. Two measures are under consideration.
Obama met with various Latino groups yesterday....
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
'Laid to rest in Huntsville'
The Texas Observer has a lengthy article by Robyn Ross on inmate funerals at the prison cemetery in Huntsville with the same title as this post. Here's a notable excerpt, but the whole thing is worth a read:Of the roughly 450 inmates who die in Texas prisons each year, about 100 are laid to rest in Captain Joe Byrd Cemetery. Whether they die in one of the state’s 109 prison units, at the TDCJ hospital in Galveston, or at the prison system’s hospice facility near Palestine, the inmate’s family has the option to claim the body and make funeral arrangements of their choice. When family members can’t be located, or when they decline to claim the body, the state picks up the tab for the funeral and buries the body in TDCJ’s Byrd Cemetery.The most common reason families don’t claim the body is that they can’t afford to, Chaplain Collier says. Some, like the family that attended today’s visitation at Grace Baptist Church, will decline to claim the body but then attend services in Huntsville. Prison funerals are generally held on Thursdays, unless the deceased has been executed, in which case the burial is often performed the following day; the accelerated schedule saves families who come to witness the execution from having to make a second trip to Huntsville. A typical Thursday may have one or two funerals. Collier says he’s done as many as nine in one day.He estimates that 60 percent of the services he performs are directs. Sometimes next of kin can’t be located. Other families can’t afford to travel to Huntsville. “You’ve got some that may be in Amarillo, and to come down here is too much,” Collier says. “And I buried one last week that was 80-something years of age, and he probably outlived most of his family.” If no family or friends attend, the inmates of the cemetery grounds crew stand witness in their stead. These “offenders,” as TDCJ calls them, typically don’t know the deceased, unless the person died at the Walls Unit. “It’s humbling,” says Lawerence Lacour, 26, who digs graves and serves as a pallbearer. He’s done other manual labor in the four years he’s served on a drug-related sentence, but this is different. “Especially as a Christian, in this situation I think that I could myself die, because tomorrow’s not promised to anybody.”
↧
The investigator then approached the man in the parking lot....cont
The criminal investigator testified that he had conducted surveillance of the man and his companion driving to various locations for stops of short duration the evening prior he had learned from hotel employees that the occupants of room had...
↧
Dewey & LeBoeuf Partners Indicted
Former top officials of the prominent global law firm, Dewey & LeBoeuf, were indicted last week for deceiving banks and hiding the firm’s true financial condition from creditors, investors, auditors, and even its own partners. The lengthy indictment paints an elaborate accounting fraud where executives and financial professionals desperately tried to avert financial disaster. In short, the criminal charges brought by the Manhattan District Attorney allege a massive scheme to “cook the books” where the defendants falsified financial records submitted to banks and investors to demonstrate that the firm had complied with existing loans and therefore was worthy of further investor loans. The charges also allege the defendants made fraudulent accounting entries to support these phony representations.
↧
↧
DUI Arrest After a Car Accident in Alabama
Any DUI arrest and subsequent criminal charges will have serious consequences for the accused. Penalties and charges will increase for repeat offenders.
A DUI driver will also undoubtedly face additional charges and penalties when the DUI resulted in an accident, causing property damage or injury to another person. The most serious DUI cases involving the death of another can net the offender years behind bars. .
Every state has its own laws involving drinking and driving and associated charges for cases involving accident or injury. Our Birmingham DUI lawyers have experience in handling even the most complex DUI cases. In any DUI case, the circumstances vary and should be reviewed by an attorney who has handled similar cases in the past. The exact details of your arrest, the evidence upon which it was based and any procedural details could give you leverage in your defense. When your case involves injury or a car accident, it is extremely important to have a clear understanding of your rights and the potential consequences that you may face.
↧
Top Texas criminal court, in split ruling, decides Miller is to be applied retroactively
As reported in this Austin American-Statesman article, headlined "Court tosses out sentence for Austin killer," the Texas Court of Criminal Appeals ruled this past week that the US Supreme Court's Miller ruling is to apply retroactively. Here are the basics:...
↧
People v. Thomas
People v. Thomas
Court Discusses Probable Cause of a Warrantless Search
The defendant was arrested after an informant told the police that the defendant and a female was selling heroin from the room of a motel. The motel was under surveillance and a known heroin addict was seen on the premises. The police officers then entered the motel and performed a warrantless search in the motel room where the defendant and the female performed their business. The officers found the defendant disposing a cigarette pack which contained small packets of white power by flushing it. The police also found drug paraphernalia in the form of hypodermic needles and syringes in the motel room. The defendant was indicted and convicted of one count of criminal possession of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the fourth degree. The defendant appealed the conviction on the ground the police lacked probable cause.
The Appellate Division of the Supreme Court affirmed the conviction of the trial court as probable cause for the search was found based on the circumstances. The Aguilar-Spinelli test had to be satisfied to establish probable cause. This test was used to establish the validity of the warrantless search performed by the police when the heroin was found. The two requirements of the Aguilar-Spinelli test to establish probable are that the informant possesses basis of knowledge for the information relayed and there is something to indicate that the informant was reliable. There was evidence to believe that the informant was reliable as the informant stated that the defendant who was a black man and a black woman was selling $40 bag of heroin at a motel in Albany in a specific room. Further, a known cocaine drug addict was found lurking around the room where the defendant was found but ran away when he saw the police officers watching. One of the detective who was observing the motel stated that he knew that the defendant to be black male with a criminal history of selling heroin from motel rooms.
The defendant asserted that there was no exception to forcibly enter a room without a warrant requirement even where there was probable cause to suspect that criminal activity. This was assertion was without merit as there was evidence to justify the entry into the motel room as there was a fear the defendant would have destroyed the evidence after one of the defendant’s buyer’s fled the scene. One of the detective stated that the police only entered the room to secure it however, the saw the defendant destroying the evidence flushing it. Therefore, the material had to be seized and the defendant arrested.
The defendant also asserted that the trial court erred in ruling that he was mentally competent to stand trial. However, the assertion was baseless as the prosecution presented two expert reports of a psychiatrist and a psychologist who testified that he was competent to stand trial. The testimony stated that the defendant understood the nature of the proceeding and his ability to participate in the trial. Therefore, there was sufficient evidence to show that he was competent and his actions during trial were not contrary to the findings. The defendant received a fair trial with adequate legal representation and the sentence imposed was not excessive.
↧
More Pages to Explore .....
