How might election results (and subsequent sparring) impact Prez Obama's clemency plans?
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New AG in Nebraska
"Lincoln attorney will replace Bruning as state attorney general," is by JoAnne Young of the Lincoln Journal Star. For the first time in a dozen years, Nebraska has a new attorney general. Doug Peterson, a Republican, will replace Jon Bruning,...
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Brady Violation in a Harris County Death Case; Innocence at Issue
"Appeals court resets murder trial after finding evidence withheld," is by Lisa Falkenberg of the Houston Chronicle. Texas' highest criminal court on Wednesday threw out the 2005 conviction and death sentence of Alfred Dewayne Brown after finding that the Harris...
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Silk Road 2.0 drug trafficking site shut down by feds this month
While many drug deals are still done “the old-fashioned way” (in-person and low-profile), internet drug sales have become a booming business. Readers may remember that the “Silk Road” website was shut down just over a year ago. That site, available on the “dark web,” operated for about two years and acted as a sort of eBay connecting buyers and sellers of drugs and other illegal items. Just five weeks after Silk Road was shut down, a new version popped up under new management and operating under the name “Silk Road 2.0.” Earlier this month, a 26-year-old man was arrested and charged with being the new site’s owner and operator. The defendant, known by his alleged online handle “Defcon,” appears to have taken over control of the site about a month after it resurfaced. As of the middle of last month, Silk Road 2.0 boasted more than 13,000 listings for drugs, either illegal or controlled. They included: 379…
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Motor vehicle accident kills 3 California children
Three Southern California children out trick or treating on Halloween lost their lives in a tragic collision. The motor vehicle accident occurred in Santa Ana. All three girls were just 13 years old. The accident happened at just about 6:45 p.m. Witnesses stated that the victims were walking in a crosswalk near an elementary school just before the car struck them. The vehicle that hit them, described as a black sports utility vehicle, was discovered a short distance from the crash. The occupants of the SUV, thought to be at least two individuals, had apparently left. Two of the victims died at the scene of the accident, and the third victim passed away as emergency personnel were attempting to rush her to a hospital. Of the three, two were twin sisters. The occupants of the vehicle apparently ran from the scene, and one witness reported hearing a male shouting at what she believed was a companion. Authorities say they made "multiple arrests" on Sunday…
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DA Seeks Death Penalty for Eric Frein
DA seeks death penalty for alleged cop-killer Eric Frein. The post DA Seeks Death Penalty for Eric Frein appeared first on .
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The Constitution and State Ebola Quarantines
Constitutional Challenges to State Ebola Quarantines The post The Constitution and State Ebola Quarantines appeared first on .
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Judge Declares Mistrial in Burrell Ellis Case
Judge declares mistrial in Burrell Ellis bribery case. The post Judge Declares Mistrial in Burrell Ellis Case appeared first on .
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Ohio Legislation on Lethal Injection
In Ohio, unlike certain other states, when they have a problem with their execution method their leaders actually show some leadership and do something about it. Jackie Borchardt of Northeast Ohio Media Group reports:State lawmakers will revise Ohio's lethal injection procedure by the end of the year, Statehouse leaders said during a legislative preview event here on Thursday.House Speaker William Batchelder and Senate President Keith Faber, both Republicans, said concerns about Ohio's two-drug cocktail need to be addressed soon. The two leaders spoke briefly about what they want to accomplish before this legislature ends its work in late December and what might be among the first issues the next General Assembly will tackle in…
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Robert Caruso of Business Insider and Huffington Post Loves Rape and Murder
Robert Caruso is a freelance writer. His work has appeared on websites like Business Insider, the Huffington Post, and the Boston Globe. I conducted research on Robert Caruso and learned that he has fantasies of rape and murder. That is not an exaggeration. Allow me to quote Mr. Caruso directly. Before we do, let's dismiss one of Mr. Caruso's lies. Mr. Caruso has falsely claimed that these are photoshops or that his Twitter account was hacked. However, I spent several hours archiving his Tweets on Archive.Today, a site that takes a real-time picture of a website or Tweet. I went through his entire timeline. Robert Caruso's rape-loving Twitter was not hacked. If called to appear in court, I could and would testify that Mr. Robert Caruso posted the following to his Twitter account: the Kenyans and Ethiopians can rape and pillage your hometown. I'm at peace with either one. (Twitter; Archive) @mchastain81 I called @GaltsGirl a cunt, and I'd do it…
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Prop 47 – reducing a felony to misdemeanor (old conviction or new case)
Proposition 47 made some substantial changes to drug and theft laws California voters approved Proposition 47 (“Prop 47″) in the statewide general election November 4, 2014. It was commonly known as the “Safe Neighborhood and Schools Act” and it changed the sentencing laws and affects several low-level crimes to make them misdemeanor offenses instead of felony offenses. The law became effective upon passing and it is already impacting current cases in court. With the change in the law, the following crimes are now considered misdemeanors in most instances: Shoplifting, where the value of property stolen does not exceed $950 Grand theft, where the value of the stolen property does not exceed $950 Receiving stolen property, where the value of the property does not exceed $950 Forgery, where the value of forged check, bond or bill does not exceed $950 Fraud, where the value of the fraudulent check, draft or order does not…
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Is Drug Possession in Riverside, California now a Misdemeanor?
Not all drug possession has been changed, but several charges for simple possession of drugs are now considered a misdemeanor for most, but not all, people. The following offenses have been modified: Possession of a Controlled Substance – Health and Safety Code 11350 Possession of a Controlled Substance – Health and Safety Code 11377 Possession of Concentrated Cannabis – Health and Safety Code 11357 Therefore, if you were arrested and charged with possession of Cocaine, Crack Cocaine (Cocaine base), Heroin, Peyote, GHB, Codeine, Vicodin, Concentrated Cannabis, Methamphetamine, Ketamine, PCP, or certain Steroids, your charges may now be automatically a misdemeanor by law. For some people, however, these charges may still be charged as a Felony against certain individuals based on prior criminal history. If a person has previously been convicted of several particular child molestation charges, Murder, Attempted Murder, Gross Vehicular Manslaughter while…
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How Can I Get My Felony Theft Conviction Changed In Riverside Under Prop 47 or Penal Code 1170.18?
Can I really get my sentence changed or reduced to a misdemeanor? The new changes under Prop 47 allow those convicted of certain theft charges to request reduction of their charges and sentence by petitioning the court. If you have been convicted of the following offenses AND are still serving a sentence (including being on probation, serving a prison term, etc), then you may file a petition for modification under Penal Code Section 1170.18. Burglary (2nd Degree) – Penal Code 459 Forgery – Penal Code 473 Bad Checks – Penal Code 476a Grant Theft – Penal Code 487 (all sections/subdivisions) Possession of Stolen Property – Penal Code 496Theft with a Prior – Penal Code 666 The reduction is NOT mandatory, and a Judge has the choice whether or not to grant the reduction from a Felony to a Misdemeanor and/or a reduction in sentence based on a number of factors. Such factors include, but are not limited to, prior criminal history, prison disciplinary…
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Is all Theft in Riverside, California Now A Misdemeanor?
Certain theft offenses in California have been modified to make such offenses misdemeanors for most people. Commercial Burglary, Forgery, Grand Theft, Possession of Stolen Property, and Theft with a Prior (PC 666), have all been modified substantially. For instance, any Felony Burglary of the second degree under Penal Code 459 that occurs with the intent to commit theft for items of value less than $950 (as opposed to another felony) during the hours the business is open is now reclassified as Penal Code Section 459.5, Shoplifting. All crimes currently charged as Burglary under these facts must be handled as a misdemeanor for most people. Forgery pursuant to Penal Code Section 473 has also been modified, so that, for most people, it may only be a misdemeanor as long as the value of the forged instrument(s) does not exceed $950. However, if the person IS convicted of Penal Code Section 530.5, commonly known as Identity Theft, then that person is not entitled to a misdemeanor,…
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How Do I Get A Felony Drug Possession Conviction In Los Angeles Changed Under Prop 47 or Penal Code 1170.18?
Can you actually get your sentence changed or charge reduced to a misdemeanor? The new changes under Prop 47 allow those convicted of certain drug possession charges to request reduction of their charges and sentence by petitioning the court. If you have been convicted of the following offenses AND are still serving a sentence (includes being on probation, serving a prison term, etc), then you may file the petition under Penal Code Section 1170.18. Possession of a Controlled Substance – Health and Safety Code 11350 Possession of a Controlled Substance – Health and Safety Code 11377 Possession of Concentrated Cannabis – Health and Safety Code 11357 The reduction is NOT mandatory, and a Judge has the choice whether or not to grant the reduction from a Felony to a Misdemeanor and/or a reduction in sentence based on a number of factors. Such factors include, but are not limited to, prior criminal history, prison disciplinary record, and whether the court believes…
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What Do I Do If The Cleveland Police Want Me To Come In For An Interview?
If the police want to talk to you, at the police station (or any place really), concerning a crime you need to take the following advice very seriously: Do Not Talk To The Police, immediately call a criminal defense attorney. Many people fall for the tricks that detectives and police officers use – they lie, deceive, manipulate you into believing that they just want you to talk about something. They might even tell you that you are not a suspect. When you show up at the police station you are ushered into an interrogation (“interview”) room that is often setup to put all of the pressure on you to confess, or incriminate yourself, in the way that the police want. What is most offensive is that because you are not under arrest, and were probably told you could leave whenever you want, you do not need to be read your Miranda rights. Most people take this to mean they really are not a suspect and just start talking. Do not do this. Hire an experienced criminal…
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Why Did I Lose My License After A DUI Arrest In Cleveland, Ohio?
If you have been arrested for a DUI in Cleveland, Ohio, the police officers most likely took your physical license from you – this is because either you refused to take the breath test or you failed the breath test. In some rare cases they will not take your license. The law in Ohio requires the police officers to issue you a Form 2255 after you have refused the breath test, or failed it. This form puts you on notice that you have lost the right to drive (90 days on a first offense failure, 1 year on a refusal). The good news is that a skilled DUI lawyer can help get you back driving before that. Call (440) 471-7811. Ask to speak to me, Joe Patituce. I am a former prosecutor and talking to me is both confidential and without any obligation.
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What Do I Do If My Son Has Been Charged With Rape In Cleveland?
We get asked this question a lot. Parents want to know what they should do if their child has been charged with, or accused of, a crime. The answer is pretty straight forward: you need to help your son hire the best criminal defense lawyer that he can. A rape charge not only carries with it mandatory prison, but he will be required to register as a sex offender for the rest of his life. The good news is that these cases are defensible. Often there are reasons why the accuser lied, what her motivation to lie are. Sometimes alcohol is involved which leads to one person believing that both parties are willing participants. Call (440) 471-7811. The call is confidential and without any obligation. Ask to speak to me, Joe Patituce, about the specifics of your son’s case. If I agree to take it on my team of former prosecutors will go to work for you.
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Will I Lose My Job If I Am Convicted Of An OVI In Cleveland, Ohio?
Almost all of our clients have the same thing in common: they have jobs that they cannot afford to lose by being convicted of an OVI charge. If you are a professional, a nurse, a doctor, someone that drives for a living, and virtually anyone else that earns a living – your boss will most likely want to get rid of you if you are convicted. Your conviction can raise their insurance rates, your time in jail/confinement means you will not be present, and limited driving privileges for up to 3 years on a first offense can make it hard to keep you employed. That is the bad news. The good news is that these cases can be won, and simply being charged with an OVI does not mean you are going to be convicted of an OVI! We make a living fighting these charges for our clients. Call (440) 471-7811. Ask to speak to me, Joe Patituce, about the specifics of your case. The call is free and completely confidential.
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Bribe Receiving in the Second Degree...cont
According to Penal Law 200.10, the crime of Bribe Receiving in the Second Degree is committed when, 'A public servant solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.' Both the second and third counts of the first indictment accuse him of Bribe Receiving in the Second Degree committed while he was a State Assemblyman. The People contest the basic premise that a bribe must relate to the exercise of official powers or functions. From the use in the present Penal Law of the terms 'public servant' and action 'as a public servant' in place of the terms 'public officer' and 'official duty' used in the former Penal Law, they argue that the requirement of a relationship between the bribery and official conduct has been removed. Even assuming that the…
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