In this habeas corpus proceeding, the defendant seeks a dismissal of a pending indictment under the authority of section 669-a of the Code of Criminal Procedure, based on the service of the demand as required in said section and the noncompliance on the part of the People to bring him on for timely trial. The substance of section 669-a provides that whenever there is pending in this state any untried indictment, information or complaint against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered written notice of his request for a final disposition to be made of the indictment, information or complaint. It is manifestly apparent in reading section 669-a that its function is to afford a prisoner a speedy trial of untried charges pending against him. This section, which carries with it the provision that a dismissal thereunder is with prejudice to the People and a bar to subsequent indictment, must be strictly…
Code of Criminal Procedure...cont
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Garbage In, Garbage Out
Courtesy of http://left.mn/2014/02/polymet-knew-now-knew/"Respect the process," was New York City Mayor de Blasio's mantra on talking head television this morning, as he talked about the Eric Garner no true bill vote. Like an "honor the call" philosophy in pick up basketball, or the requirement that lawyers "respect the robe" when confronted with shoddy judging, we are expected to accept individual bad decisions or false calls for the sake of the larger game. It is part of the view that our legal system offers justice in the aggregate, but certainly not in every case. Not the most reassuring thought for those on the wrong end of unjust calls.De Blasio's sales pitch is a predictably infuriating bit of the same "independent grand jury" nonsense that we heard in Ferguson. The idea is that the GJ is like a scale, on which all of the boxed up relevant evidence is placed, so the GJ can render a true reading of the weight of that…
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Three Perpetrators of $49.6 Million Mortgage Fraud Scheme Sentenced
Mortgage Fraud Blog. Mae Rabuffo, 75, New York, Raymond E. “Ray” Olivier, 53, Land O’ Lakes, Florida, and Curtis Allen Davis, 52, Tampa, Florida, the final three individuals involved in the $49.6 million Hampton Springs, North Carolina, mortgage fraud scheme, have been sentenced. Rabuffo was sentenced by Chief United States District Judge K. Michael Moore to 14 years in prison, and sentenced Raymond E. “Ray” Olivier, 53, Land O’ Lakes, Florida, and Davis each to 20 years in prison for their roles in the fraud. Domenico “Dom” Rabuffo, 78, Miami, Florida, was previously sentenced to 27 years and three months in prison. All four defendants were convicted by a federal jury in Miami, in July, 2014, following an 11-day trial. According to the indictment and evidence at trial, from 2003 to 2008, Dom Rabuffo and his co-defendants conspired to perpetrate a complex $49.6 million mortgage fraud scheme against various FDIC-insured…
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"Mark Wahlberg should not be pardoned"
This commentary is at The Week: In April 1988, Mark Wahlberg, 16, set upon a Vietnamese immigrant named Thanh Lam, and, with a wooden stick, beat him so severely that Lam fell to the ground, unconscious. Later that night, according...
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Defense against Hayt Hayt & Landau
Defense against Hayt Hayt & Landau Hayt Hayt and Landau is a New Jersey collections firm. If they have contacted you in any way, you have a serious legal matter and you should at least consult with counsel. If you respond to them in anyway, you could do be doing serious damage to your case. Without knowing it, you could revive a claim where the statute of limitations has passed. You could also have made an admission without even realizing that what you said is an admission. Everything you say on the phone is likely being recorded. In addition, you probably don’t know what you are doing and they have highly skilled attorneys that are looking to get paid on the case. Thus, you should have strong legal representation on your side to fight for you. When you hire our team of tough, smart lawyer, we will call Hayt Hayt & Landau on your behalf to get more information on the case. There are many cases that can be resolved out of court. This save you money, time and…
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Will my license be punched when arrested for DUI?
No. Washington state no longer punches your license when arrested for DUI. The law changed in 2013.
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Florida Drug Crime Sentences Increase Nearly 200% Since 1990s
Non-violent drug offenders in Jacksonville and throughout Florida are being sentenced to much higher prison terms than before. I've witnessed this first hand as a Jacksonville criminal defense lawyer. According to a recent study cited by huffingtonpost.com, Florida inmates spent 194 percent more time in prison in 2009 than in 1990. The study, conducted by the Pew Center looked at trends in 35 states over the last couple of decades. Florida was one of the states where increased sentences were noted. In Jacksonville, non-violent drug crimes, particularly sales, are often targeted for prison time. Jacksonville criminal defense lawyers know that sales in Jacksonville are often recorded on audio or video equipment, which makes defending these types of crimes more difficult in most cases. Selecting the right Jacksonville criminal defense lawyer, one that is familiar with successful strategies in defending and negotiating sale of cocaine and related drug offenses, is…
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Examining the law of police-citizen encounters in New York
As our country considers the nature of civilian/police interaction our bloggers will be taking a look at how New York laws regulate - or are supposed to regulate - that interaction. How may the police interfere with a citizen's right to be free from unreasonable searches or seizures? What information must the police have before they can lawfully stop, frisk or arrest a citizen? The first post in this series (below) addresses some relevant New York statutes. Following posts will address case law, specific circumstances that permit greater police intervention, and practical application of the law. As with all of our posts, this information is intended to be educational, but is not legal advice.byJill Paperno, Esq.author of Representing the Accused: A Practical Guide to Criminal DefenseIn this time of increased (and in many cases, long overdue) scrutiny of civilian/police encounters, it's worth taking a look at the police conduct New York law authorizes.…
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Sunday Night Open Thread
Homeland is back tonight, the Good Wife is not. Our last open thread is full, here's a new one. All topics welcome. Our open threads have been filling up much more quickly the past few weeks. They close automatically at 200 comments. So... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Constitutes Reasonable Suspicion In the Context of an Anonymous Tip
byJame Eckert, Esq.Assistant Monroe County Public Defender In People v Argryris ( _NY3d_, 2014 NY Slip Op 08220, 2014 WL 6633480 [ 11/25/14]), the Court of Appeals rendered a simple four-judge Memorandum decision on the issue of what constitutes Reasonable Suspicion in the context of an anonymous tip. Unfortunately, the memorandum fails to answer the question. The Memorandum simply says that because (in the first two of the three consolidated appeals) there is record support for the findings of the suppression court, which was affirmed by the Appellate Division, the limited jurisdiction of the Court of Appeals ends there and does not permit further review of the facts. In the third case, which all seven judges agreed must be reversed, the memorandum said that under either of the proposed tests for determining reasonable suspicion, a conclusory anonymous call saying that someone’s driving demonstrated that they were either sick or intoxicated was insufficient…
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Two astute commentaries about California's emerging Prop 47 issues
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it is a Felony to Bring Drugs or Contrband into a Florida Jail but State Must Prove Knowledge
In Florida, it is a felony for a person to bring contraband into the jail. Many of these cases involve a person who is arrested with drugs on them and do not want to tell the police officer the drugs are there. The police officer does not find the drugs during a search incident to an arrest, but the personnel at the jail finds the drugs during a more thorough search. In that case, in addition to whatever charge the suspect was facing that prompted the initial arrest, the suspect will also face the felony charge of introducing contraband into a county facility. However, in order to succeed on such a charge, the state must prove that the defendant knowingly introduced the contraband into the jail. Basically, the state has to prove the defendant knew he/she had the contraband on him when he/she entered the jail. Practically, the assumption will be that the defendant knew he/she had the contraband on him/her and it is up to the defense to establish that it was a mistake or…
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Robert Gigstad Selected for The National Trial Lawyers: Top 100 for 2015
In another display of his commitment to legal excellence, Attorney Gigstad was selected for the The National Trial Lawyers: Top 100 Trial Lawyers for 2015. Gigstad Law Office, LLC is extremely proud of this latest legal accolade and is excited to see what new doors this opens up. What is the National Trial Lawyers: Top 100? Each year, leading attorneys from around the nation are chosen for this prestigious honor. So what is the National Trial Lawyers: Top 100? It is an invitation-only organization that brings together and creates a comprehensive list of the top trial lawyers from each state in the country. These attorneys must meet very strict standards and requirements as either civil plaintiff (personal injury) or criminal defense lawyers. The selection process is very complex, involving multiple phases and aspects, including: Peer nominations Third-party research Demonstration of leadership skills Exceptional reputation Proven Influence and public standing The…
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News Scan
LAX Shooter Awaits Death Penalty Decision: Federal prosecutors expect the Attorney General to decide by by January 2015 if the death penalty will be sought against the man accused in the deadly shooting rampage at Los Angeles International Airport in 2013 that resulted in the death of a TSA agent. Brenton Garen of Westside Today reports that 24-year-old Paul Ciancia has been charged with 11 counts including murdering a federal officer, two counts of attempted murder, and committing acts of violence at an international airport. Attorney General Eric Holder has the final say in the death penalty decision. MO Supreme Court to Hear Gun-Rights Case: The Missouri Supreme Court is set to hear argument this week from a convicted drug dealer who believes he has the right to possess a firearm under a newly passed state amendment. David A. Lieb of the Associated Press reports that the new legislation was adopted to strengthen gun rights for Missouri…
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Clearwater Doctor Charged with Prescription Fraud
A Clearwater doctor has been accused of writing fraudulent prescriptions in order to obtain the controlled substances for herself, according to police. The 50-year-old doctor was arrested Monday at a pain management clinic in Clearwater. She has been charged with two counts of obtaining or attempting to obtain controlled substances by fraud. The Pinellas County Sheriff’s Office claims they began investigating the woman last month after detectives received a tip that the woman was allegedly writing prescriptions for oxycodone using patients’ names and filling them for herself. Detectives believe the Tampa Bay area doctor filled those prescriptions at several pharmacies around Pinellas County. Investigators allege that they have surveillance video that displays the woman picking up one of those prescriptions for oxycodone. The woman was arrested and booked into the Pinellas County Jail without further incident. She was released later in the day after posting…
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Notable new reporting about marijuana banking issues and developments in Colorado
USA Today has these two notable new stories about how (legal/illegal?) marijuana money is coming and going in Colorado: "Colorado OKs marijuana credit union" "Feds stockpile reports that could incriminate pot stores"<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/rY3N-BMP2cY" height="1" width="1" alt=""/>
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Oh, the Sensitivity of It All...
I wish this were parody. It isn't.Columbia Law School has allowed students to postpone their exams because of the "trauma" of the non-indictments in the Ferguson and Brooklyn cases, in which policemen killed two unarmed black men in the process of trying to arrest them. The Wall Street Journal has the story.If memory serves, this Law School is part of the same Columbia University that has hired police killer Kathy Boudin as a professor. I wonder if the students in her class are "traumatized" and free from exam taking. The Law School's message to the students is priceless. I re-print it in full below. It illustrates more vividly than I ever could how far "elite" law schools have gone off the deep end (emphasis in original):The grand juries' determinations to return non-indictments in the Michael Brown and Eric Garner cases have shaken the faith of some in the integrity of the grand jury system and in the law…
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"Stigma Dilution, Over-Criminalization, and Some Additional Reasons to Decriminalize Marijuana Possession and Consumption Offenses"
The title of this post is the title of this notable new paper by Murat Mungan now available via SSRN. Here is the abstract: Criminalizing an act that provides weak signals about a person's productivity and character can dilute the stigma attached to having a criminal record. This reduces the...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/LAjVIXnVBP8" height="1" width="1" alt=""/>
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A Kings Car Accident Lawyer...cont
The plaintiff has failed to proffer competent medical evidence that he sustained a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. At his deposition, the plaintiff acknowledged that he missed less than 90 days of work as a result of the subject motor vehicle bus accident; specifically, he acknowledged that he missed seven to eight weeks from work. To establish this prong of the statute, plaintiff's doctor would have had to inform him that he could not return to work-that is the prerequisite for a medically determined injury. There is no such evidence in any of his medical reports. The important element in establishing injury under the 90/180 day category is that…
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The Hilarious Takedown of Columbia's "Sensitivity"
Steve Hayward has a short response to Columbia Law School's decision to allow students to postpone their exams if they feel too "traumatized" by the grand jury no-bills is Ferguson and Brooklyn:Paul [Mirengoff's] two posts on the tender mercies our colleges are showing to traumatized students being excused from exams sent me back to the wisdom of my mentor M. Stanton Evans, who liked to remind young people:"My generation had it much rougher than yours. Our malls weren't covered. We didn't have remotes so we had to get up and change the channel and we had to go through the whole Goldwater defeat without grief counselors."
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