Maury Hernandez, a former Miami, Florida police officer, was arrested Sunday after he allegedly strangled his wife, 2.4.13 Hernandez Battery.pdf report. The victim, 32-year-old Yvonne Linen, sustained minor injuries in the scuffle. Hernandez, 33, was booked into the Miami-Dade County Jail on one felony count of battery by strangulation. A judge set his bail bond at $2,500. It is unclear whether he has hired a defense attorney to represent him.
According to reports, Hernandez worked for the City of Miami police department up until a few years ago. In 2007, while working for the force, Hernandez sustained a gunshot wound to his head when he pulled a vehicle over in Pembroke Park. The near-fatal wound put Hernandez in a coma for 19 days; he remained in the hospital for over two months while he recovered. Sources say Hernandez returned to the force for a short while following the incident, but retired soon after.
Hernandez also gained the public's attention in January 2012 after he shot a homeless man. Hernandez claimed the homeless man assaulted him and his family at an ice cream stand before the shot was fired. The homeless man sustained injury, but Hernandez was not charged.
Reports say Hernandez and Linen have been together for two years. They got married September 2012 and they have a 15-month-old son together. It is unclear whether the couple has a history of violence. Linen, reports say, is actively serving as an officer for the City of Miami Police Department. It is not clear whether the two met through the department.
The alleged incident began on Sunday while Hernandez and Linen were arguing about their plans for Valentine's Day. To calm down, the couple reportedly agreed to go for a car ride with their son. During the ride, however, Hernandez got upset when Linen began rooting through his glove box for a car charger, so she asked him to take her home.
When they returned home, Linen exited the vehicle and attempted to take the child out of his car seat but Hernandez pushed her away several times, reports say. As Linen attempted to unbuckle the child a second time, Hernandez allegedly reached around the seat and began to strangle Linen until she could no longer breathe. Linen reportedly freed herself from Hernandez's grip, seized her child, drove to her mother's house and reported the incident to police.
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Maury Hernandez, Former Miami, Florida Police Officer, Arrested for Domestic Battery
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Heath Miller, Palm Beach Gardens, Florida Teacher, At Root of Palm Beach School Lawsuits
Heath Miller, a Palm Beach Gardens, Florida teacher, is at the root of two lawsuits against the Palm Beach County, Florida School Board, 2.5.13 Miller Sexual Assault.pdf say. The two separate suits are from from teenage girls who say they were sexually harassed by Miller, their former band director, in 2009. Miller is currently serving a prison sentence on charges from a separate sexual assault case. It is unclear whether the school board released a statement regarding the lawsuits.
According to reports, Miller previously worked as a band director at Watkins Middle School in Palm Beach Gardens. He was first accused of sexual assault at the school in 2009. Prosecutors sentenced Miller to 13 years behind bars in March after he took a plea deal and admitted to having sex with two underage girls and inappropriately touching two others. The alleged abuse took place within the school's band room, sources say. The Palm Beach County School Board granted two of those victims $150,000 in a lawsuit settlement earlier this year.
Now, two more victims claim Miller sexually assaulted them while they were attending classes at Watkins Middle School in April 2009. Court documents identified the girls only as "T.B." and "Jane Doe." It is unclear what kind of recompense the pair is seeking. It is also unclear whether Miller made a statement regarding the sexual abuse allegations. It is unclear whether any addition victims will come forward.
In other news, Ashley N. Curtis of Lantana was arrested Saturday for an unconventional reason: allegedly feeding her one-year-old son nothing but junk food, reports say. She is also accused of doing drugs while caring for the child. Curtis, 23, was booked into the Palm Beach County Jail on charges of cruelty toward a child. She was later released on a $1,500 bail bond. It is unclear whether she has hired legal representation.
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Kirk Bloodsworth in Maryland
Today's New York Times reports, "A Death Penalty Fight Comes Home." It' written by Scott Shane. Kirk Noble Bloodsworth, a beefy, crew-cut man whose blue T-shirt read “Witness to Innocence,” took the microphone in a church hall here and ran...
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Derek Codd of Lake Worth, Florida Arrested for Assault and Burglary
Derek Codd of Lake Worth, Florida was arrested Monday after he allegedly harassed his neighbors and entered their home without permission, 12.4.13 Codd Assault.pdf report. Codd, 18, has not commented publicly on the allegations, and no defense lawyer has commented on his behalf thus far. Codd was booked into the Palm Beach County Jail on charges of assault and burglary. He is being held without bail bond.
Reports say the incident began around 12:00 Monday morning in the 6100 block of Cartage Circle South, where Christopher White and his girlfriend Layne Senones live next door to Codd. According to reports, Codd and Senones were once childhood friends and have known each other for 15 years, but have not been getting along lately. Senones told police that Codd and White often get into arguments. "There's a lot of bad blood there," she said.
That night, White and Senones decided to clean up their bedroom and opened a window to let in some fresh air. Codd noticed the open window and began shouting in its direction, reports say. "He [Codd] tried to start a fight with my boyfriend [White]," Senones told police. At some point, Codd allegedly reached through the open window and snatched a cellphone. White went outside to face him.
White met Codd in the home's front yard and the two argued while Codd tossed the phone around in his hands, reports say. Codd eventually threw the phone back though the open window and White retreated inside. Codd reportedly followed and began to pound on the front door. Senones opened the door and Codd entered the home, where he found White brandishing a metal pipe and warning him to leave.
According to reports, Codd went back to his home and called the police to say White had threatened him with a metal pipe. However, when officers responded to the scene, the learned Codd, not White, had reportedly started the scuffle. The officers arrested and booked Codd into jail.
Codd was not the only South Florida resident accused of assault this past week. Paul Strike of Delray Beach was arrested Sunday after he allegedly hurled a chair at his girlfriend during an argument, 12.5.13 Strike Aggravated Battery.pdf say. Strike, 41, was booked into the Palm Beach County Jail on charges of aggravated battery. His bail was set at $3,000; it is unclear whether he has hired legal representation.
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MISSOURI DWI/DUI Expungement
Residents of Missouri who had an unfortunate run-in with the law might wonder whether the stain on their driving record has to follow them around for the rest of their lives. Thankfully, Missouri law permits expungement of a first alcohol-related offense from a person's driving record.
Expungement is the word for removing or deleting all court records of your arrest, plea deal, criminal trial or conviction. First-time drunk driving incidents are eligible for expungement, but not if the DWI resulted in a felony conviction. It's also important to note that expungement is not available for anyone who is convicted of driving a commercial motor vehicle while under the influence. Commercial drivers will be forced to keep the conviction on their record so that future employers are aware of the incident.
Under Missouri Revised Statutes Chapter 577.054, individuals are permitted to have not only drunk driving convictions, but also guilty pleas expunged from their records. Administrative actions, including license revocation for refusing to submit to a breath test can also be expunged from a driver's record. However, it's important to understand that Missouri law only allows for the expungement of one offense from a driver's record.
The law says that once a person waits 10 years after the original offense occurred, so long as no other alcohol-related driving actions have occurred in the interim, then expungement is proper. So long as you meet all of the above requirements, you are then free to petition a judge to grant your expungement. Once the judge has decided you qualify, the court will then order the expungement. At that point, all the records of your DUI arrest, plea deal, criminal trial and conviction will be deleted. The effect of the order of the judge will restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. This a huge benefit for people who had made a mistake with a DWI/DUI and they want to erase that mistake. One of the greatest benefits is that when a person applies for a job it will not show on a background check and the person will not have to disclose it.
Those who have been convicted of a minor in possession charge can also move for expungement. To be granted a clean slate, you will have to show the judge that you have had no other alcohol-related convictions since your original MIP incident. You'll also have to wait to apply for the expungement at least one year after the original conviction or after you have reached 21.
If you've had a run in with the law and find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.
Source: "Strengthening Missouri's DWI Laws," published at DOR.MO.gov.
See Our Related Blog Posts:Officers Crack Down on Boating While Intoxicated in Missouri
Missouri's DWI Driver License Revocation Laws Raise Question of Fairness
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Florida Editorials Call for Capital Review, Changes
"Review of Florida’s death penalty system sorely needed," is the editorial published in today's Miami Herald. Florida’s death penalty system is terribly flawed. Lawmakers have known that since at least 2006, when the American Bar Association released an exhaustive report...
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How Not to Act in front of a Judge in a Criminal Case
Attention Mississippi citizens, if you find yourself in front of a judge facing criminal charges do NOT act like this Florida lady. As you can see in the video, the young lady was arrested for possession of Xanax. In what should have been a routine appearance before the judge to set bail, the young lady showed no respect for the judge. She was very flippant and did not take the proceeding seriously at all. When the Judge asked how much her jewelry was worth, she responded "oh, it's Ric Ross" Obviously the Judge is not a fan of the hip hop heavyweight. The Judge first set her bail at $5,000 but when the lady said "adios" to him as she left the podium he ordered her bail to be raised to $10,000. (I disagree with the judge doing that. Bail is to guarantee that a person will appear in court and is not designed to punish a person. The judge was clearly punishing the lady by doubling the bail.)
When the young lady heard that the judge double her bond, she dropped an "F-bomb" (much like young Ralphie in Christmas Story) and then flipped off the Judge. The Judge then summoned the lady back to the podium and held her in direct criminal contempt and gave her 30 days in the hole. (Not to be confused with Humble Pie's "30 Days in the Hole".)
When a person is found to be in direct criminal contempt, which would include the type of behavior shown by the young lady in Florida, the judge can act immediately and impose punishment. There is no need for a separate hearing and the person is not entitled to get counsel. You go to Jail and you do not pass "GO" or collect your $200. (Speaking of Monopoly, did you see where the makers of the game replaced the iron game piece with a cat? Personally, I never cared for the iron. I was always wanted the race car. But, I digress.)
Some of you who read this (ok, I'm just assuming someone is reading this) may think that's pretty harsh. However, our municipal and justice courts in Hinds, Rankin and Madison are packed every time the door is open. Judges and their court staff sometimes deal with a hundred cases a day. These judges deal with a lot of, ahem, interesting personalities to say the least. Most of these judges put up with a lot more than I would.
Our municipal court and justice court judges in Madison, Rankin and Hinds County do an exceptional job dealing with citizens and allowing them to present their cases. They are much more patient than I would ever be. My advice still remains that if you are going to any court and want a trial then you need a lawyer. However, if you insist on representing yourself please brush up on your "lawyering skills" (might I suggest watching "My Cousin Vinny"?) and be respectful and courteous to the judge.
We get calls all the time by folks asking if they need an attorney to go to court. I tell them that our laws allow a person to represent themselves on any criminal charge, even murder. However, I always ask them if they had a broken arm would they go to a doctor or try to fix it on their own? I see folks in court all the time trying to represent themselves on misdemeanors such as DUI, speeding, no insurance, etc. I guess folks think that if the watch enough Judge Judy they can go play lawyer. What ultimately happens is the person doesn't know the court procedure and ends up arguing with the judge. This is not the person with whom you want to argue. The judge is deciding whether you are guilty or not so making him angry is not good.
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Louisiana Lethal Injection Changes at Issue as Execution Nears
"State tells judge of change in lethal injection formula," is Bill Lodge's report in the Baton Rouge Advocate. State corrections officials announced through their attorneys in Baton Rouge federal court Tuesday that they have replaced a three-chemical lethal injection formula...
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An Update From Nebraska
"Attorneys challenge state death penalty," is the Lincoln Journal Star report written by Nicholas Bergin. The attorneys for a man convicted of murdering a Brazilian missionary family have asked an Omaha judge to rule the state’s death penalty law unconstitutional...
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Jacksonville Criminal Attorneys for man accused of slashing football fan's throat look to have court records sealed
Duval County Criminal Lawyers for the man accused of slashing another man's throat with a pocketknife outside a downtown Jacksonville bar are asking for records in his case to be sealed until trial. Matthew Hinson is accused of walking up behind William "Chris" Pettry, slitting his throat and walking away, according to a report in the Florida Times-Union. Pettry was visiting from Illinois to watch the Chicago Bears play the Jacksonville Jaguars the next day. Various media reports have had different stories on what led Hinson to kill Pettry since the October stabbing, but most have focused on Pettry talking to a group of women that included Hinson's wife.
And that illustrates the point of the Jacksonville defense attorneys asking for the records to be sealed in this Jacksonville Violent Crimes case. Attorneys are requesting the judge seal crime scene photos, names of witnesses, 911 calls, surveillance video and all statements Hinson made to police, the newspaper reported. The case has been subject of numerous news reports - in the papers, on television and online - and this is partly a play to help end those stories and ensure there are enough people unfamiliar with the case to be able to field a fair and impartial jury. Strategy with documents and pre-trial publicity is an interesting cat-and-mouse game between the state and the defense in many instances and this Jacksonville Violent Crimes case is bringing that interplay to the forefront.
In some cases, it's the state that is asking to limit disclosure and may even ask for the judge to impose a gag order in the case if prosecutors feel defense attorneys are talking too much or leaking information in the case. Often, motions such as this end up being fought by the local media. True to form, two television stations have filed court documents to keep the records open, the newspaper reported. In the Florida court system, once discovery is filed with the court, it becomes public record and can be viewed or accessed by anyone. That differs from federal court rules, which require prosecutors to share discovery with the defense and the defense only.
The judge ruled she would not seal all of the records in Hinson's Jacksonville criminal case, but would allow a five-day period so the defense could review the documents and then make individual arguments about individual pieces of evidence being sealed, the newspaper reported. A neutral and untainted jury pool is crucial for anyone, but especially when the stakes are this high in a case that has and will continue to get plenty of media attention. Hinson is charged with second-degree murder and faces up to life in prison if he's convicted.
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 Duval County Violent Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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Tape of Encounter with Undercover Officer Sufficient for Sex Crime Conviction
The Ohio Twelfth District Court of Appeals has held that a man caught in a sting operation at a park could be convicted of a sex offense when there is sufficient corroborating evidence to sustain the conviction. The case is State v. Seelenbinder, 2013-Ohio-337. The Defendant was charged in Mason Municipal with the offense of sexual [...]
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NYTimes: "Police Stops Are Down; So Is Murder"
NYTimes: Police Stops Are Down; So Is Murder by Jim Dwyer:
Last June, speaking at a church in Brooklyn, Mayor Michael R. Bloomberg said that the police had been cutting back on the number of people stopped, questioned and frisked.
This marked the official beginning of the end of the world in New York.
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FBI Bust $200+ Million Credit Card Fraud Ring: Charging Identity Theft and Fake Accounts, Phony Companies Used by International Organization of Companies and Individuals
Credit Card Fraud is a common crime in federal courts here in Dallas and Texas (and across the country), and most of these federal fraud charges come with sizable amounts in controversy. Texas fraud defense attorneys are used to defending people facing fraud charges with large amounts of money ribboning through complex scenarios. However, [...]
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Bond Hearings: No Laughing Matter
The court appearance where a defendant is advised of the charges and the question of bail is addressed is often the arraignment or bond hearing. This often occurs the morning after an evening arrest, and a defendant may still be under the influence of narcotics or other drugs. While this video is an obvious lesson... Read More »
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Wednesday Open Thread
Rep. Jared Polis (D-CO) has introduced a bill to remove marijuana from the Controlled Substances Act and allow states to decide whether to legalize it. The DEA would no longer have control of...
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Nation's First Death Row DNA Exoneree Fights Capital Punishment in Maryland
Nearly twenty years after Kirk Bloodsworth became the nation's first death row inmate to be exonerated by DNA evidence, he joined activists against the death penalty last week in Annapolis, Maryland. Bloodsworth was convicted in March of 1985 for the brutal killing and sexual assault of a nine-year-old girl based largely on eyewitness misidentification. DNA testing conducted in 1992 excluded Bloodsworth as the source. After spending over eight years in prison, two of those years facing execution, he was released in June 1993 and pardoned six months later. In light of his history, ending executions would be a personal victory for Bloodsworth, according to The New York Times.
"I was accused of the most brutal murder in Maryland history," Mr. Bloodsworth, now 52, told the church audience. "It took the jury two and a half hours to send me to the gas chamber." ... "If it could happen to me, it could happen to anybody," he said. He threw himself into work against capital punishment and for justice reform, first as a volunteer speaker and later as a professional advocate. Last month he began work as the advocacy director for Witness to Innocence, a Philadelphia-based coalition of exonerated death row inmates who push to end capital punishment."
Maryland is considering legislation that would eliminate the death penalty in the state. And in recent years, Connecticut, Illinois, New Jersey, New Mexico and New York abolished the death penalty. There are 18 people who were exonerated by DNA testing in the United States after serving time on death row. They were convicted in 11 states and served a combined 229 years in prison - including 202 years on death row - for crimes they didn't commit. These 18 people and similar innocence cases spread doubt about the criminal justice and are the biggest factor in the fight to end the death penalty, according to Death Penalty Information Center Executive Director Richard C. Dieter. Bloodsworth has lobbied against the death penalty in several states since being exonerated and is feeling optimistic about an upcoming Senate vote to abolish capital punishment in the state that wrongfully convicted him and sentenced him to death. Read the full article.Read more about Bloodsworth. Read about the innocent and the death penalty. The introduction of the Innocence Protection Act of 2003 established the Kirk Bloodsworth Postconviction DNA Testing Program, which provides funding for testing under the act. Learn more about the IPA and read Bloodsworth's remarks on the bill.
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Drinking and Driving in New Jersey
Driving while intoxicated can have serious consequences.
Every year thousands of people are pulled over and arrested for operating their vehicle after consuming alcohol. In New Jersey you are guilty of drunk driving if you operate your car with a Blood Alcohol Concentration or Blood Alcohol Content (BAC) of % 0.08 or higher. BAC is a measure of the amount of alcohol in your blood. It's important to remember that consuming any amount of alcohol can affect your alertness, judgment and reaction time on the road.
What Are the Penalties For Driving Under the Influence (DUI) in New Jersey?
1st Offense: If your BAC is between %0.08 and %0.10 the penalties are:
• $250 - $400 fine
• 3 month license suspension
• Maximum 30 days imprisonment
• Minimum of 6 hours a day for two consecutive days at the Intoxicated Driver Resource Center.
• An automatic $1000 a year for 3 years surcharge.
If your BAC is %0.10 or higher the penalties are:
• $300-$500 fine
• License suspension between 7 months and 1 year
• Minimum of 6 hours a day for two consecutive days at the Intoxicated Driver
Resource Center.
** Anyone with a BAC of %0.15 percent or greater must have an ignition interlock device installed on their vehicle during the license suspension period and 6 months to 1 year after your license is restored.
*** Also If your convicted of DUI in a school zone or school crossing the Judge can increase the penalties under different guidelines.
2nd Offense
• Fines increase to $500 - $1000
• Imprisonment of at least 48 hours and up to 90 days
• 2-year license suspension
• 48 consecutive hour detainment with the Intoxicated Driver Resource Center
• Surcharge of $1,000 a year for 3 years.
• Ignition interlock device installed for 1-3 years after license restoration
3rd Offense
• $1000 fine
• Imprisonment of 180 days
• 10-year license suspension
• Detainment in an in-patient alcoholism treatment program
• Surcharge of $1,500 a year for 3 years.
• Ignition interlock device installation for 1-3 years after license restoration.
What Happens If I Am Caught With An Open Container Of Alcohol In My Car?
Having an open container of alcohol is prohibited in the State of New Jersey. Any person having an open container of alcohol while operating a motor vehicle even when no one is intoxicated is a violation. The law was implemented to stress the dangers of alcohol and motor vehicles. The penalty for a first offense is a $200 fine and the second offense is a $250 fine along with 10 days of community service.
What Happens If I Refuse To Submit To A Breath or Blood Test?
When you drive your vehicle in the State of New Jersey, you give what's known as 'implied consent' to taking a breathalyzer or blood test. If you refuse a breathalyzer test, you will face loss of driving privileges and heavy fines almost to the same extent as a DUI charge. It should be noted that although you refuse the test, a police officer can use his observations and field sobriety tests to testify that you were legally over the drinking limit. In addition, if you are found to have refused, you can get your license suspended even if you are ultimately found not guilty of DUI.
What Should I do If I've Been Arrested For DUI?
If you were arrested for DUI, you may be dealing with a lot of emotions. As you can see above, being convicted of DUI can carry significant consequences. You should provide the police with your driver's license, registration and insurance card. You should submit to a "pat down" search, handcuffing and arrest. However you should NOT answer police questions or volunteer any information. You should ask for an attorney immediately and remain silent. You should hire an experienced attorney that will analyze and review the facts of your case. An attorney will be able to possibly negotiate a favorable plea bargain or see whether a valid defense can be raised in your case.
Will This Affect My License In California?
Both New Jersey and California are members of the Driver's License Compact (DLC). The DLC is an agreement made between member states to maximize traffic law enforcement nationwide. The DLC requires that all traffic convictions and license suspensions out-of-state be reported to the licensing agency of the home state. Driving a motor vehicle while under the influence of alcohol will be reported to your home state and affect your license and insurance.
Author Bio
Adam H. Rosenblum is a licensed Criminal attorney practicing in Passaic, New Jersey. If you are facing a DUI charge contact The Rosenblum Law Firm today.
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New Jersey Bill Could Change Domestic Abuse Cases
New Jersey lawmakers are considering a bill that would allow victims of domestic violence to testify in court without facing their alleged assailants. Under the proposed law, an alleged victim or witness who is under 16 years of age would be allowed to testify via closed circuit television. According to The Record, the proposed bill passed in the Assembly 71 to 1 and has not been taken up in the Senate yet.
A second bill aimed to assist domestic violence victims was also approved. This bill allows victims of gender-motivated violence to sue their assailant whether or not criminal charges are filed. Proponents of the bill say that it creates an efficient way for victims to pursue justice. Those against the bill say that it has the potential to be abused.
Whether or not these bills become law, there are already harsh punishments in place for New Jersey residents convicted of domestic abuse. A domestic violence complaint in New Jersey can lead to restraining orders, hefty fines, and legal fees. Domestic violence charges can also result in jail or prison sentences. Police are required to arrest a suspect if the alleged victim shows any sign of injury. Therefore, it is common for a misunderstanding or an accident to result in criminal charges once the police become involved.
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Arkansas Senate Committee to Vote on LI Legislation
"State Senate panel to vote on death-penalty bill," is the AP report, via Arkansas Online. An Arkansas Senate committee is considering legislation to rewrite the state’s lethal injection law after it was thrown out by the state Supreme Court last...
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A Unique Perspective on North Carolina's Racial Justice Act
The Winston-Salem Journal publishes an OpEd, "Darryl Hunt on the threatened Racial Justice Act." Christmas Eve marked the ninth anniversary of my release from prison after being wrongfully incarcerated for more than 19 years. Since my exoneration, I have dedicated...
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