When you are facing criminal charges of any kind, whether at the federal or state level, you are supposed to enjoy a presumption of innocence. That's the ideal. In reality, a person can suffer negative consequences of presumed guilt even as the investigation of the alleged crime is underway. That means that the need to protect your best interests may begin long before charges are leveled or you are formally indicted. Every case is different and no one can guarantee a particular outcome. By engaging experienced counsel early it is possible to take more proactive steps to assure your rights are protected throughout the process. The aim should be to set the stage for the complete dismissal of the charges, mitigation of the effects if conviction occurs, or mounting a successful appeal. If you are facing indictment in a federal case in Atlanta, it's likely that you have a lot of questions about what the process entails. Following is a brief outline to help…
What to expect in the event you face crimlnal indictment
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New reporting on TX indigent counsel to take effect
New reporting deadlines for criminal defense attorneys and counties take effect this fall when the final elements of HB 1318 take effect beginning Sept. 1. The forthcoming data will shed some new light on indigent defense caseloads, but IMO may not be detailed or probative enough to measure outcomes. First,not later than October 15 of each year and on a form prescribed by the Texas Indigent Defense Commission [TIDC], submit to the county information, for the preceding fiscal year, that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in the county under this article and Title 3, Family Code. Then, section 6 of the bill requires that:Not later than November 1 of each year and in the form and manner prescribed by the commission, each county shall prepare and provide to the commission information that describes for the preceding fiscal year the number of appointments under Article 26.04, Code of Criminal…
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Two-Vehicle Fatality Crash in Mountain Home
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: Saturday August 30, 2014 10:37 a.m. Please direct questions to the District Office On Saturday, August 30, at 1:38 a.m., the Idaho State Police investigated a two-vehicle fatality crash eastbound I-84 at milepost 95, in Mountain Home, Idaho. Kelly Berry, 31, of Boise, was traveling westbound in the eastbound lanes of I-84 at milepost 95 in a 2000 Saturn LS. Anthony D. Benavidez, 18, of Hazelton, was traveling eastbound at the same location in a 1984 International semi truck and was struck head on by Berry's vehicle. Berry was pronounced deceased at the time of the crash. Benavidez was transported via air ambulance to St. Alphonsus Regional Medical Center in Boise. …
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How Do I Find Out Where DUI Sobriety Checkpoints Are?
In a widely-criticized 5-4 decision, the United States Supreme Court in Michigan vs Sitz decided some years ago that DUI sobriety checkpoints (aka "DUI roadblocks) did not violate the search-and-seizure provisions of the Fourth Amendment of the U.S. Constitution. See my post Are DUI Roadblocks Constitutional?. However, it is not illegal to detect and avoid DUI sobriety checkpoints. And, in fact, the court in Sitz indicated that there were restraints on law enforcement in planning, setting up and administering these sobriety checkpoints. These restraints were left up to the individual states to determine, but most have adopted guidelines similar to those recommended by the California Supreme Court in Ingersoll vs Palmer. Among these are that the checkpoints must be publicized to minimize intrusiveness. A further requirement, the Court in Ingersoll said, is that “A sign announcing the checkpoint was posted sufficiently in advance of the…
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Nasty Judge’s Sexism Leads to New Trial
There is no place for mean-spirited judges in Canadian courts, but regretfully a few slip through the vigorous screening process and become tyrants in an institution where they preside as untouchables. Mr. Justice Jean-Guy Boilard, of the Quebec Superior Court, is a case in point. A former crown prosecutor, he was appointed to the Quebec court in 1977, beginning a career steeped in controversy. Boilard retired in 2012 but not before leaving a legacy of arrogant, pompous, and derisive in-court commentary attacking the lawyers who had the misfortune of drawing him as their judge. His behavior was so loathsome that Crown Attorneys in Quebec circulated a petition urging their colleagues to sign on, in an attempt to avoid Boilard’s courtroom. In 2001 Judge Boilard was conducting a trial involving seventeen members of the Hell’s Angels when, in the words of the Canadian Judicial Council, he was “insulting and unjustifiably derogatory…displaying a flagrant…
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Have Desperate And Ethically Questionable But Possibly Jewish Lawyers Fight For Your Case Now!
I often brag to my tech-savvy friends, “I have a Twitter.” I’m actually not kidding. It’s the place to find out what I have for dinner once or twice a year or to click through to my new blog posts if you don’t already know the URL or are unfamiliar with the antiquated concept of RSS. Anyway, someone or something called @BernieSez followed me a little while back, and the notification included this description: “Take a picture of your traffic ticket and receive bids from lawyers to handle your case.” Curious in a train-wreck-watching sort of way, I clicked through and saw it was like a number of other ethically-questionable, lawyer-demeaning sites where the desperate among us spend money to bid on table scraps. It’s sad, but even though uploading your complaint adds a new dimension of privacy problems, it’s hardly news. Who cares about privacy these days anyway? Browsing BernieSez’s mostly worthless,…
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UPDATE: Two-Vehicle Fatality Crash in Mountain Home
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: Saturday August 30, 2014 3:35 p.m. Please direct questions to the District Office **********CORRECTION******** The vehicle that Benavidez was driving was a 2000 Chevy pickup, not an International semi, as previously stated. **********END CORRECTION****** On Saturday, August 30, at 1:38 a.m., the Idaho State Police investigated a two-vehicle fatality crash eastbound I-84 at milepost 95, in Mountain Home, Idaho. Kelly Berry, 31, of Boise, was traveling westbound in the eastbound lanes of I-84 at milepost 95 in a 2000 Saturn LS. Anthony D. Benavidez, 18, of Hazelton, was traveling eastbound at the same location in a 1984 International semi truck and was struck head on by…
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Order of Protection should not have been issued in this case
Defendant and complainant are husband and wife. Immediately prior to his arrest, defendant and his wife were staying in separate cooperative apartments, each jointly owned by them, in the same apartment building in Manhattan. The larger of the two apartments was the couple's marital home, while the smaller served as the wife's office. As a consequence of severe marital conflict between them, the wife was temporarily sleeping in her office, but had access to the larger apartment during the day. The defendant husband continued to occupy and sleep in the larger apartment. A New York Criminal Lawyer said that, defendant was arrested on June 24, 1988 and charged with Assault in the Third Degree, and with Harassment, on the complaint of his wife. According to the June 24 complaint of Police Officer corroborated by the complainant wife on the same day, defendant, with intent to cause physical injury and to harass and annoy his wife, had punched her in the face and knocked…
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Correction Law §§ 168-l and 168-n...cont
The People’s position is simply that the Criminal Court did not have sufficient information to make the determination when it was made and there is no prejudice to the defendant if the court were to reconsider its determination. However, the court emphasized that it did have authority to make the modification at that time. Thereafter, the court adjourned the matter to enable defendant to conduct further discovery pursuant to Correction Law § 168-n (3). The defendant argued that the documents furnished to the court constituted insufficient proof to support a mandatory override based on a prior sexual felony conviction. In response, the People argued that defendant had committed a residential burglary, which as a matter of law constitutes a violent felony offense. Accepting the People's argument, the court reconfigured the risk assessment document to assess "30 points under question No. 9, under criminal history. After considering whether defendant should be…
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Saturday Link Roundup
Just to clear my browser tabs, here are a few mostly unrelated links that haven't made it into independent Grits posts but deserve readers' attention::Houston Chronicle (Aug. 27): "Overburdened and underfunded immigration judges decry 'Cinderella' court system"Dallas Morning News (Aug. 27): "Tarrant County compiles resources to help felons succeed after life in prison" SA Express-News (Aug. 27): "Texas court could settle DWI policy" (on mandatory blood draws) Related: The South Dakota Supreme Court declared mandatory blood draws unconstitutional this week based on reasoning similar to that calling into question Texas' statute.CBS-DFW (Aug. 13): "Lawyers: Rape case sign of Texas court's shift"Texas Observer (Aug. 26) "Houston cops are always justified in shootings. Always."Texas Prison Bidness (Aug. 28): "Liberty County hires consultant to look into who should run the jail"Texas Prison…
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On the Death Penalty: Our Masters vs. the Rest of Us
Prof. Sara Sun Beale of Duke Law School is, in my view, a more balanced intellect than one usually encounters in academia. Her recent article seems to assume that having more information makes it more likely that one will oppose capital punishment -- an assumption with which I disagree. But her article has the virtue of laying bare one of the key facts about the abolitionist movement -- that it lacks popular support even where it succeeds, and essentially is led by those who look down at "trailer park trash" and "women with big hair." The abstract of Prof. Beale's piece, found at SSRN, explains:What explains the difference between the United States and the many other countries that have abolished capital punishment? Because the United States and many other nations that have abolished the death penalty are democracies, there seems to be an obvious answer: abolition or retention reflects the preferences of the…
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Prostitution is a class B misdemeanor...cont
In approving the use of declaratory judgment in the present situation, it is incumbent upon this court to caution that this doctrine is to be used carefully and wisely. The extent to which this relief may be invoked remains to be developed. Having concluded that declaratory relief was a proper remedy under the circumstances here, the merits of the decision below must be addressed. As noted, Judge concluded that prostitution is a "serious" crime and thereby comes within the scope of the Sixth Amendment's guarantee of a trial by jury. In so holding, he acknowledged the relatively minimal sentence, but reasoned that the length of incarceration was only one of several factors that may be considered. Respondents devote an extensive portion of their argument to tracing the history of prostitution laws; the legal, moral, and psychological implications of prostitution; and the importance private citizens and public officials place on eradicating prostitution. The…
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Elder Abuse in Las Vegas
Las Vegas Elder Abuse Attorney Elder Abuse in Nevada Elder abuse is a devastating crime, but sometimes people are charged under NRS 200.5099 because of a misunderstanding or an unintentional accident. NRS 200.5099 covers a broad expanse of crimes that include the neglect, abuse, isolation or exploitation of citizens who are older than 59. Usually these cases begin simply enough. Someone unfamiliar with the situation notices that an elderly person doesn’t seem to be in the best of health. They may have a bruise or health concern that seems out of the ordinary. In no time, law enforcement and social services agencies are wanting to talk to the elder’s caregiver. Sometimes this involves taking the caregiver into custody or attempting to force them to submit to questioning. It’s easy for outsiders to misconstrue an elderly person’s circumstances. A bruise can be the result of a harmless accident or even of a medical treatment. A caregiver may be…
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Could capital reprieve cost Colorado Gov his office?
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"The criminalisation of American business"
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Single Vehicle Fatality Crash
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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: Saturday, August 30, 2014 10:55 p.m. Please direct questions to the District Office On Saturday, August 30, 2014, at 5:45 p.m., the Idaho State Police investigated a single vehicle crash on Highway 74 near milepost 3, east of the US Highway 93 junction. Glenn Nelson, 76, of Twin Falls, was driving westbound on Highway 74 in a 1990 Chevrolet pickup. The vehicle went across the lanes, off the left shoulder, and overturned. Nelson succumbed to his injuries at the scene of the crash. Nelson's passenger, Michael Aguinaga, 51, of Twin Falls, was transported via ground ambulance to St. Lukes Magic Valley. Traffic was diverted for several hours while crews worked to…
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Selbstleseverfahren, Band 72
Basarjustiz Die Abschreiber aus der Bundesregierung Ronald Schill: Der Hamburger Spieler Gilt auch für juristische Plattformen: Plump klickt gut Musste ich als Dealer nicht ins Gefängnis, weil ich weiß bin? Assistierter Suizid: „Unterschiedliche ethische Vorstellungen akzeptieren“ Drohbrief: Anklage gegen mutmaßlichen Hoeneß-Erpresser erhoben Die tückischen Konkurrenzen Fall Mollath: Zum Freispruch verurteilt Häftling stirbt in Einzelhaft – Staatsanwaltschaft ermittelt in JVA Bruchsal Erster „Tatort“ nach der Sommerpause: Breaking Bad im Altersheim
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Injury Crash near Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 08/31/2014 3:46 a.m. Please direct questions to the District Office On Saturday, August 31, 2014 at 12:23 a.m., the Idaho State Police, along with the Bonneville County Sheriff's Office, investigated an injury crash on St. Leon Road and U.S. Highway 20 near Idaho Falls. Clinton B. Erickson, 16 years old of Rexburg, was driving east on U.S. Highway 20 in a 1997 Chevrolet Malibu. Erickson struck 40 feet of guardrail at milepost 311. The vehicle continued through the median and plummeted on to St. Leon Road, landing on its side. Erickson was wearing his seatbelt and was transported to the Eastern Idaho Regional Medical Center in Idaho Falls. This crash is under…
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The Intellectually Disabled Cannot Be Cured
When the rules for competence to stand trial were crafted, there was neither concern nor thought about the intellectually challenged. They were then called “retarded,” which has since fallen out of favor though it provided a clearer understanding of what that challenge was. It meant a person who intelligence was below a certain level, 70 on an IQ Test. Not all intellectually challenged defendants were incompetent. Some could understand the proceedings and assist in their own defense, but some couldn’t. They lacked the capacity. The rules, however, were created for the protection of a defendant’s rights, to assure that a defendant wouldn’t be put on trial without the ability to defend himself. Like so many rules, they seemed like a good idea at the time, only to later be perverted to serve a different master. It’s one thing when the rules were applied to the insane, with the potential that they might improve with…
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It’s Not Personal; It’s Just Business
The Economist posits a question: WHO runs the world’s most lucrative shakedown operation? Yes, that’s right. Of course it’s the United States of America, our beloved government doing what it has to do to regulate business so that it meets the great many rules that we demand of it. Well, perhaps not exactly we, but rather the fact is that a lot of people really hate big business. Liars, cheaters, greedy scum. It needs to be regulated, because how else can we protect the spotted salamander? Fair enough. Let’s forget the flip side, that it provides the goods and services we rely upon to live, because those iPhones won’t make themselves, and gives us the jobs that allow us to buy the next shiny thing. If they don’t make a profit, they can’t continue to exist, even if that smacks of greed. But the regulatory system is backed up by criminal penalties, even though the regulation has all the attributes of civil dispute, where…
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More Pages to Explore .....
