Virginia law has different levels of DWI offenses. Depending upon your blood alcohol content and how many prior DWIs you’ve had, you are facing a variety of different punishments. A basic first offense DWI is normally any case where your blood alcohol content is less than .15. If that is the case, in most instances […]
Will you get Jail Time for a DWI With a Blood Alcohol Content Over .15?
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Leader of Crisp & Cole Mortgage Fraud Scheme Sentenced to 17 Years
David Crisp, 34, San Diego, California, was sentenced United States District Judge Lawrence J. O’Neill to 17 years and 7 months in prison, and Jennifer Crisp, 31, San Diego, was sentenced to five years on probation for charges stemming from their involvement in an extensive mortgage fraud scheme that ran from January 2004 to September […]
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Crash on US93 blocks traffic
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: 04/01/14 09:23 a.m.
Please direct questions to the District Office
Idaho State Police is currently investigating a multiple vehicle crash southbound on US Highway 93 at milepost 7 north of the Nevada border. Lanes are currently blocked at this time.
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Can We Call It Torture Now?
The House Intelligence Committee's 6,300 page report remains classified, but the Washington Post has details.
1. The CIA lied to Congress
2. More "enhanced interrogation techniques" were used than previously disclosed
3. The torture...
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Pew Report: Support for Death Penalty Decreases to Lowest Level
A new Pew Report shows support for the death penalty for convicted murderers has dropped to 55%, the lowest level since the 1970's. Among the reasons:
...a steep drop in the incidence of violent crime, and greater attention to wrongful...
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United States Supreme Court Holds Police May Conduct Warrantless Search Of Home Over Objection Of Resident
Last month, the United States Supreme Court issued a controversial opinion in the case of Fernandez v. California, holding that police officers may enter and search an individual's residence without a warrant and over his or her objection, as long as another occupant of the home gives consent.
In Fernandez, Los Angeles police officers confronted the defendant, Walter Fernandez, who was suspected of involvement in a robbery, at his home. After Fernandez complained to that the officers didn't have any right to enter his home, they placed him under arrest after observing circumstances that led them to believe he had beaten his girlfriend. After transporting Fernandez to the police station, the officers returned to Fernandez's home, where his girlfriend allowed them to enter and search the premises. While inside, the officers discovered weapons and other evidence linking Fernandez to the robbery.
Fernandez moved the trial court to suppress the evidence discovered in his home, arguing that the police should have obtained a warrant to conduct the search. A motion to suppress is a request to a judge for an order excluding evidence from being consideration by the judge or jury at trial. Usually, the basis for exclusion arises from a violation by law enforcement of a criminal defendant's rights under the U.S. or state constitution. The trial court denied the motion and, following a trial, Fernandez was convicted of multiple charges and sentenced to 14 years in prison.
On appeal, the California Court of Appeal affirmed, holding that, because Fernandez was not present when his girlfriend consented to the search, the general rule that police cannot search a home over the objection of a resident did not apply. Fernandez then appealed again to the U.S. Supreme Court.
The Supreme Court agreed with the California Court of Appeal, holding that the police were not required to obtain a warrant for Fernandez's residence, because the consent of any occupant of a home is sufficient to validate a search. Writing for the majority, Justice Samuel A. Alito Jr., argued that "A warrantless consent search is reasonable and thus consistent with the 4th Amendment irrespective of the availability of a warrant." Alito contended that as a resident of the home, Fernandez's girlfriend possessed her own right to consent to the search, stating "Denying someone in [her] position the right to allow the police to enter her home would also show disrespect for her independence."
Dissenting Justices Ginsburg, Sotomayor and Kagan, opined that "the police could readily have obtained a warrant to search the shared residence" and should have done so. Ginsburg opined, "Instead of adhering to the warrant requirement, today's decision tells the police they may dodge it."
The criminal defense attorneys of Brassel, Alexander & Rice, LLC have extensive experience defending the Constitutional rights of individuals that have been charged with a crime. If you or someone you know has been charged with a crime in Maryland, contact the attorneys of Brassel, Alexander & Rice, LLC today.
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Silk Road Shows The Flaws Of The Laws
For those criminal defense lawyers whose attitude toward pre-trial motions is to make sure they change all the names before submitting their pro forma papers, take the time out of your empty life to read the memorandum in support filed by Josh Dratel on behalf of his client, Ross Ulbricht. Ulbricht was the man behind […]
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How Does Ignition Interlock Work? [video]
Many of my DWI clients have questions about the ignition interlock device that will be required if they’re convicted of the DWI charge. We’ve compiled a list of interlock providers and prices, but I didn’t think that was enough to explain exactly what interlock is. I wanted to SHOW how what it is and how […]
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Welcome to #LMA14!
Alas, I’m not in Orlando, the city born of fantasy in a bipolar state who claim to fame is warmth and swamps, and so I won’t be able to share in the glow of finally being among those who share low self-esteem and the need to surround themselves with others who pray they can persuade the fools of […]
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New DUI Punishment Coming To Ohio
The Ohio legislature is considering H.B. 469 (Annie’s Law) which would bring a harsh new DUI punishment to the State.
Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with [Read the full post. . .]
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PRO BONO
Your Miami Marlins are 2-0. We have reprinted a few of the best comments about recently retired ASA Phil Maniatty: Steve Kramer said...I first became acquainted with Phil when we were roommates at the UM Law School dorm in 1974. I was the New Yorker and Phil from Burlington, Vt. Two very different people who have been friends for 40 years. I won't bore you with the many stories that Phil loves to tell, but you should know that Phil is the same small town, unassuming, and pleasant guy he was all those years ago. He became one of the most effective and diligent prosecutors I have ever encountered, yet never losing his smile and common sense.Enjoy your retirement my friend. You've earned it Anonymous said...Phil was a great division chief. He was a great teacher and supervisor.As the writer states, he was from a simpler time.When I was assigned to his division he took all of us to the old Marine Bar for a couple of beers and a game or two of pool. Hell, once he even took the division to lunch at Joe's.We had espirit de corps. There isn't too much of that anymore.Phils's a gentleman.DOUBLE SECRET PROBATION:Everyone knows that a condition of probation is that you cannot possess or carry a firearm. Unless you are also a law enforcement officer. Then you can carry your gun, even when you report to your PO:David Ovalle @DavidOvalle305 21hJudge Ed Newman today allowed MDPD Ofc, Larry Laverde, on probation for reckless driving & leaving accident scene, to carry firearm for workThe herald article is here. Nice job by Arnie Trevilla getting the breakdown for his client. Pro Bono:To: Members of the Southern District of Florida BarFrom: Chief Judge Federico A. MorenoRe: Call for Assistance -- Pro Bono PanelI am very pleased to announce that our District is embarking in a new direction that hopefully will result in more unrepresented litigants obtaining counsel than ever before. And we need your help!You may have heard of the Courts decision last month to discontinue operations of the Volunteer Lawyers Project (VLP). In recent times the expenses of operating a program like the VLP simply have become disproportionately high when compared to the number of pro se cases it could service. Because the program was funded from funds collected through a portion of attorney admission fees from members of our Bar and pro hac vice fees, my colleagues and I felt a special responsibility to insure that those monies would be used as wisely as possible.The decision to disband the VLP was not taken lightly, but rather after exploring various alternatives. In the end, our Judges determined that it would be a better use of resources for us to take a more active role in seeking out counsel for pro se litigants. This will permit much of the money used to fund the VLPs efforts to be shifted toward expense reimbursement for volunteer attorneys.This is where each of you comes in. I urge all members of the Southern District to join us in a renewed commitment to assist the unrepresented in this District. How can you help? There are a number of ways, the easiest of which is to simply take a case! Pro Bono Opportunities can be found at the Courts websitewww.flsd.uscourts.gov and are regularly distributed by way of electronic email blast. In addition, I urge each of you to register via the website to be included in a Pro Bono Panel list of those attorneys have an interest in assisting with worthy cases in the future or who are in a position to help locate other attorneys, such as associates in their law firm, who may take cases. There is no commitment from registering, but rather this will simply help us build a database of first contacts when the need arises.I would like to take this opportunity to especially thank those who have volunteered in the past through the VLP, and particularly its Director Randy Berg, for their important service to the Court. I am sure that their spirit of public service will carry on as we move forward with this new endeavor. My colleagues and I look forward to seeing each of you in Court.Federico A. MorenoChief United States District JudgeSite Feed
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Real-Money Online Gambling Industry Young, but Could Class Action Lawsuits be Brewing?
The return of online poker to the United States in state-regulated environments poses attractive opportunities for operators. But, at the same time, operators need to look to the experience of brick and mortar casinos to anticipate the potential risk of class action and similar lawsuits. For example, one gambler recently made headlines by suing a […]
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According to FDLE, crime is down in Hendry County
FDLE is reporting that crime is down in Hendry County. Data shows that total arrests were down 13.9 percent from 2011 to 2012, with violent crime arrests down nearly five percent. Violent crime was defined by the study as Murder, Sex Offenses, Robbery, and Aggravated Assault. What is unclear is the contributing factors to this […]
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David Cassidy’s Latest DUI Lands Him in Rehab
David Cassidy Required to go to Rehab, Gets Probation, After Latest DUI In the trial for his third DUI arrest since 2010, David Cassidy was given 5 years’ probation, and ordered to go to rehab. Cassidy’s sentence including 60 months of probation, along with 90 days’ live-in rehab for alcohol abuse, in connection with his latest DUI […]
The post David Cassidy’s Latest DUI Lands Him in Rehab appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..
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Battle Creek Bus Driver Charged with Driving On Suspended License
On Monday March 31 it was discovered that Battle Creek Public Schools bus driver Kevin Frederick was operating a school bus on a suspended license, according to Fox17online.com. Frederick was involved in a minor accident which led police to discover Frederick’s driving status, along with other outstanding warrants involving retail fraud. The bus driver was […]
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Tennessee School Bus Driver Arrested for DUI, Suspended Indefinitely
On Friday March 28, Jeffery Layne, a 53-year-old school bus driver for Rutherford County Schools in Tennessee was arrested for driving under the influence while on the job, according to Newschannel5.com. Layne was suspended indefinitely; he has been a driver since February of last year. News reports claim that Layne was involved in an accident […]
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Do Cell Phone Laws Work?
New York leads the way in restricting and punishing drivers who illegally use cell phones. Indeed, it is a 5-point ticket in New York which is the same number of point assigned to the criminal charge of reckless driving. But do such laws work? A NY Times article entitled “Cellphone Bans May Not Prevent Accidents” explores a recent study done by an economics graduate student from Texas A&M that concludes that such laws have little effect on accident rates. The study concedes that many drivers change their cellphone use when laws prohibiting using them while driving are enacted. However,...
The post Do Cell Phone Laws Work? appeared first on NYTrafficTicket.com.
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Geisslercrain Sends Green Packing
This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness. There was a little too much madness and not enough March for this double Tarheel. State v. Geisslercrain is among of yesterday’s batch of court of appeals opinions. (The court issued twenty-four published opinions yesterday—leading […]
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Man Jailed for Straw Buyer and Kickback Scam
Simon H. Aouad, 35, Garnet Valley, Pennsylgania, was sentenced to 70 months in prison and restitution of $5,462,682 for a mortgage fraud scheme involving fraudulently obtained mortgages to purchase properties in North Wildwood, New Jersey, and Dorchester, Masschusetts, and a bank fraud scheme involving fraudulently obtained lines of credit at Wachovia Bank, now Wells Fargo […]
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Former Mortgage Broker Gets 42 Months in Prison for Illegal Flipping Scheme
Mark Thomas Bowe, Jr., 56, Jonesboro, Georgia, was sentenced by Chief United States District Judge James C. Dever, III to a 42-month term of imprisonment, followed by five years of supervised release, on count one of an indictment charging Bowe with conspiracy to commit bank and wire fraud, in violation of Title 18, United States […]
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