A Chicago man out on bond was arrested last week and charged with unlawful possession of a weapon by a felon, cocaine possession and marijuana possession. The defendant was arrested after Sheriff’s Office personnel noticed crack cocaine on a plate on the defendant’s dining room floor; a subsequent search uncovered a fully loaded AK-47 and a .357 revolver and marijuana. Search Incident to Electronic Monitoring Violation Sheriff’s Office personnel came to the defendant’s home after his electronic monitoring device indicated that he was out past curfew. Upon arriving, Sheriff’s Office personnel determined that the defendant had had a legitimate reason for having left the residence. They then entered his home. At this point you may be thinking, “Wait, don’t the police need a search warrant to enter a person’s home?” Under normal circumstances, you would be correct. Except in certain instances – such as when an officer has…
Chicago Man Violates Terms of Bond, Faces Additional Charges
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An Interview With a Family Lawyer
An Interview with a Family Lawyer I often joke that 75% of my client's criminal and DUI problems are brought about by substance abuse, money or relationship problems (often brought about by the first two triggers). This being said, one might imagine that there is a great deal of cross-over between my business and that of a family law attorney. Family law is not an area where I practice nor do I care to start, but I often interact with family law attorneys in the course of my regular practice. Family law generally, is an area of law encompassing divorce, child custody, spousal and child support and even restraining orders. Continuing in my series of interviews, I recently had a chance to speak with attorney John Medlen of the Law Firm Rosen & Loeb. John or J.T., as he is known by many of his friends is a veteran family law attorney and was nice enough to answer a few of my questions about his practice and his life. I met John shortly after law school and soon…
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Prieger & Kulick on Violence in Illicit Markets
James E. Prieger and Jonathan Kulick (Pepperdine University - School of Public Policy and Pepperdine University - School of Public Policy) have posted Violence in Illicit Markets: Unintended Consequences and the Search for Paradoxical Effects of Enforcement on SSRN. Here...
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The D.C. Circuit Makes It Harder to Prosecute Someone For Enticing A Minor
Editor's Note - We've never had a guest post before, and normally I give a blanket no to a request for one. But, Assistant Federal Public Defender extraordinaire Jon Jeffress wrote a great piece about the D.C. Circuit's recent decision in United States v. Hite that I'm very pleased to publish here. If you're looking at this as a precedent for other guest posts, please know that if you are an AFPD or credible attorney working in the federal system on criminal cases, I'd be happy to look at anything. Otherwise, no. D.C. CIRCUIT ISSUES IMPORTANT DECISION REGARDING SCOPE OF ONLINE ENTICEMENT STATUTE, 18 U.S.C. § 2422(b) The federal statute criminalizing the online enticement of minors, 18 U.S.C. § 2422(b), contains a severe penalty. Individuals who violate § 2422(b) -- even first time offenders -- are subject to a ten-year mandatory minimum and a life maximum. Congress legislated this severe penalty to deal with a particular kind of…
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Long v. Florida - Felony Conviction Reversed for Inherent Prejudice of Jury
It's inevitable that everyone carries their own personal feelings, attitudes and beliefs which color their perceptions of the world around them. Jurors are no different. It is expected that attorneys and judges, though the voire dire process, will be able to identify some of those biases and determine as best as possible whether that person can still objectively evaluate the evidence. But not all prejudice is internal. As the recent case of Long v. Florida reveals, external factors occurring at or during trial could improperly influence a juror's decision.
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NEW ILLINOIS LAW PENALIZES KRATOM USE BY MINORS
As of January 1, 2015, children under age 18 may not sell or possess any product containing the herbal drug Kratom. Kratom is derived from the Mitragyna speciosa, a tree native to Thailand. Its effects are similar to morphine or opium. The new law makes it a Class B Misdemeanor, punishable by 180 days in jail, for a minor to knowingly purchase or possess the substance. Other persons may not knowingly sell or distribute Kratom to a minor or buy the drug on their behalf. Minors may also be penalized for using fake identification to obtain the drug. If you are charged under the new law, contact an experienced criminal law attorney immediately. Do not speak with the police or other third parties about your offense. Your attempts to talk your way out of the situation may end up digging you in deeper and limiting any defense you might otherwise have. An experienced attorney can review your case for your best options. Perhaps you did not knowingly possess the drug. Or perhaps…
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How does law enforcement determine your blood alcohol content (BAC)?
Suppose a person has a few glasses of wine with dinner and then drives home. Right before getting home, he turns onto his block without signaling. A police officer then pulls him over and detects an odor of alcohol coming from his breath. The officer asks the person to step out of the car and the person complies. He is then given a field coordination test. The officer determines that the person may be intoxicated. So the person is taken to the precinct for further testing. Once at the precinct, the officer determines that the person’s blood alcohol content (“BAC” for short) is .09. This is over the legal limit in New York (where all this happens). The person is then placed under arrest and is charged with drunk driving. How did the police determine the blood alcohol content of the driver? How can you know the result was accurate? There are usually two ways to determine the blood alcohol content of a person. The more accurate way is to physically take…
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How long will DOL hold my application for a restricted license?
The application you file for a restricted license (ignition interlock or occupational) is only good for thirty (30) days. This also applies to the $100 fee.
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Get Out of Jail Free? Not Without The Attorney-Client Privilege
We have talked about attorney-client privilege, internal investigations and the GM ignition recall: Privilege, Corporate Silence and Saul Goodman, How To Avoid Being GM’ed: The Wrongs and Rights of Clients and Lawyers and It’s Okay To Smell A Rat: Internal Investigations, Attorney-Client Privilege and the KBR Decision. There was even a quote in Forbes.com: Of Snitches and Privileges. And if you can’t get enough, now a short (16 minute) presentation to the Network of Trial Law Firms meeting in October: How To Avoid Being GM’d from LFW on Vimeo.
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Kailua Sand Sifter Competition
The benefits of having attorney Noah Gibson join the Landsberg Law Office goes beyond helping our clients with a greater degree of attentiveness. Noah is a long time board member of Sustainable Coastlines Hawaii and devotes much of his time to helping maintain Hawaii’s beautiful coast. This weekend, November 15, 2014 from 9:30 am is the “Annual Ultimate Sand Sifter Competition”. A sand sifter separates trash and microplastics from the sand. This cleans the coast, and helps maintain any beaches beauty. Fifty five different designs entered the contest, 15 made it to the final stage of the competition. And whoever shows up to Kailua not only gets to help clean the beach, but also helps to determine who wins the cash prize! Noah Gibson and the Landsberg Law Office are proud to help, in any small way, keep the beaches clean that someday our children may enjoy them the we do now, and our parents before us. RSVP via Facebook not required, but…
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Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication
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News Scan
Murder Suspect Was Set Free by Prop. 36: A habitual felon with a prior murder conviction is the prime suspect for last week's murder of an Air Force Reservist and mother of two. Marin Austin of Fox 40 reports that Moses Valdez was sentenced to 18 years behind bars for voluntary manslaughter in 1993, but was paroled prior to completing his sentence. In 2011, Valdez was arrested again for running from police which constituted his third strike, resulting in an automatic 25-year-sentence. The following year, California voters passed Prop 36, which abolished the third strike sentence for a non-violent felony, allowing Valdez to be released from prison once again. Police have yet to locate Valdez, and consider him to be armed and dangerous. Two Suspects Convicted in Cop Killing: Two of the four men accused of murdering a Chicago police officer in 2010 have been found guilty of first-degree murder. The Associated Press reports…
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People v. Winfrey
Records reveal that a man was arrested on a charge of Robbery. He was convicted of Robbery in another jurisdiction, after which a prison term of not more than twelve (12) years, but not less than nine (9) years was imposed upon him. He remained in prison until extradited to the present County and he was arraigned upon the instant indictment on April 1st, 1965. The County authorities lodged a detainer warrant for his arrest on the instant charges at the Prison but did not attempt to return him for trial until a period of more than six (6) years. The accused alleges that during his incarceration in another jurisdiction, he was at all times able and willing to stand trial and that he did not waive his right to a speedy trial by any action on his part. Moreover, he alleges that he made efforts to be returned to this State for trial. He further alleges that he wrote four (4) or five (5) letters to the County District Attorney's Office requesting a trial, but he was informed by…
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Criminal Division in Bronx Supreme Court
Defendant was originally charged in criminal court with assault in the second degree, Penal Law § 120.05 (3), assault in the third degree, Penal Law § 120.00 (1), resisting arrest, Penal Law § 205.30, public lewdness, Penal Law § 245.00 (a), and disorderly conduct, Penal Law § 240.20 (1). Following a bench trial on August 10, 2005, I found the defendant guilty of attempted assault in the third degree, Penal Law §§ 110.00 and 120.00, a misdemeanor, and disorderly conduct, Penal Law § 240.20, a violation. Defendant now moves, pursuant to CPL 440.10 and 440.20, to have this court vacate her conviction and resentence her, after first adjudicating her a mandatory youthful offender. Counsel contends that CPL 720.20 (1) (b) requires that she be so adjudicated, and if I were to refuse to do so that would abrogate her equal protection rights, and constitute punishment in violation of the Ex Post Facto Clause of the United States Constitution. A…
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Kailua Sand Sifter Competition
The benefits of having attorney Noah Gibson join the Landsberg Law Office goes beyond helping our clients with a greater degree of attentiveness. Noah is a long time board member of Sustainable Coastlines Hawaii and devotes much of his time to helping maintain Hawaii’s beautiful coast. This weekend, November 15, 2014 from 9:30 am is the “Annual Ultimate Sand Sifter Competition”. A sand sifter separates trash and microplastics from the sand. This cleans the coast, and helps maintain any beaches beauty. Fifty five different designs entered the contest, 15 made it to the final stage of the competition. And whoever shows up to Kailua not only gets to help clean the beach, but also helps to determine who wins the cash prize! Noah Gibson and the Landsberg Law Office are proud to help, in any small way, keep the beaches clean that someday our children may enjoy them the we do now, and our parents before us. RSVP via Facebook not required, but…
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Why the 'trial penalty' can lead to wrongful conviction
Several posts over the last year have focused on the problem of wrongful conviction. This is an important criminal defense issue for a number of reasons, the first of which being that each case of wrongful conviction and wrongful incarceration represents a major miscarriage of justice. Unfortunately, wrongful conviction occurs far more often than most people realize. Many of these convictions are based either on a false confession given during interrogation or a confession given as part of a plea deal (which is generally the least-bad option defendants have to choose from). Even by very conservative estimates, false confessions as part of plea deals occur about 1 percent of the time. That equates to as many as 20,000 innocent people behind bars. We have already written on the interrogation tactics that can pressure innocent individuals into falsely confessing. But wrongful convictions also occur because defendants are essentially coerced into accepting a plea deal. There…
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Multiple crashes near Bonneville / Bingham County Line
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: 11/14/14 5:30 p.m. Please direct questions to the District Office On November 14, 2024, at approximately 4 p.m., the Idaho State Police responded to multiple vehicles that slid off the roadway on I15 between the Shelley and Sunnyside exits. There are reports of freezing rain in the area and motorists are advised to use extreme caution when traveling or avoid the area if possible. DSP Initials JW/MC -------------
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iPads for Inmates?
Think of all the technological innovations over the last two decades that we use to stay connected to each other on a daily basis: computers, tablets, smartphones, and wireless Internet access. For many of us, it is difficult to imagine living without these conveniences. What if you had been asleep for the past 20 years? What would you think an “app” is? To you, a smartphone would look like something out of a science fiction movie, and it would be staggering to you if someone told you that an infinite amount of information could be accessed from a device that fits in your pocket. You would feel like a time traveler who had gone far into the distant future. This is exactly what it would be like if you had just been released from prison after 20 years. Technologically speaking, prisoners exist in a state of suspended animation. Cut off from the world that has advanced leaps and bounds from the time they began their sentences, many prisoners have never seen the…
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Former judge says sex offender registry gives 'false sense' of security
11-13-2014 Michigan: Does the sex offender registry really keep you safe? A former West Michigan judge says it's giving you a false sense of security. Newschannel 3 looked into those claims, taking our search across state lines to see how sex offenders are tracked in other areas. You can search for them by your address or your entire city, finding their home address, and even where they work.
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CPL 20.40 (2) (c)
The defendant, who has been charged in Bronx County with failing to register with the Sex Offender Monitoring Unit in New York County, has moved for dismissal of the complaint on the ground that the court lacks geographic jurisdiction over this prosecution because the defendant's alleged failure to register occurred in New York County. The defendant's motion is denied, however, because of the material effect of the alleged failure on Bronx County. As explained below, such effect is a statutory basis for jurisdiction in Bronx County. A Bronx County Criminal lawyer said that according to a superseding complaint dated December 1, 1999, the defendant, who had previously been convicted of attempted sexual abuse in the first degree, failed to comply with the registration requirements of the Sex Offender Registration Act (SORA) in violation of Correction Law § 168-t. Specifically, a police officer alleged in the complaint that on July 29, 1999, the defendant…
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