In the name and by authority of the State of Texas: The Grand Jury for the _______ term of the ___ Judicial District Court of Williamson County, Texas, having been duly selected, empaneled, sworn, charged, and organized, presents that before the presentment of this indictment, on or about the ___ day of ____, 2013, in Williamson County, Texas, X, hereinafter “defendant”, with the intent to arouse or gratify the defendant’s sexual desire, over the Internet, knowingly solicited Jessica, a minor and undercover persona of Gary Marquis, to meet the defendant with the intent that Jessica would engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the defendant, and Jessica was an individual whom the defendant believed to be younger than 14 years of age at the time of the commission of the offense. Against the peace and dignity of the State. Got it? The State is charging X with committing online solicitation of a minor with Jessica, who is…
A Williamson County Online-Solicitation Indictment
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Staples Hacked, More Than 1.2 Million Credit Cards Affected
It may be time soon to go back to paying by check or in cash. There was another breach announced today: Staples Office Supplies. If you shopped there between July and September, this is for you. Staples said on Friday that an investigation... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Obama Says Sony Made a Mistake in Canceling "The Interview"
President Obama said today that Sony made a mistake in deciding to cancel "The Interview." That's not who we are. That's not what America's about....We cannot have a society in which some dictator some place can start imposing... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Ferguson DA Interview: Says Some Witnesses Lied
Ferguson DA Rob McCulloch broke his silence today. In an interview, he said that he thinks some grand jury witnesses lied. [McCulloch] acknowledged that witnesses he did not believe to be truthful had come before the jurors. Mr. McCulloch said... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Alleged Drunk Driver Crashes into Massachusetts Apartment
There is no doubt drunk driving accidents can lead to serious personal injury and death. One recent news article from My Fox Boston looks at a close call that resulted in the destruction of a home and what appear to be minor injuries. Authorities are reporting a woman was arrested for operating under the influence (OUI) after crashing her car into a house where a 72-year-old man was sleeping. When Worchester, Massachusetts police officers got the house, it was just after 2 a.m. Defendant's car had crashed through an exterior wall, drove completely inside the house, and came to a stop with the front wheels suspended inches over the homeowner's bed that was in his basement bedroom. The occupant, who had a bandage wrapped around his head due his injuries, said he was asleep when he heard the car crash through his apartment. He was able to get out of the way and saw people in the car trying to get out. He tried to help them exit the crashed vehicle.
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Nominations are Open for the 6th Annual Jdog Memorial Best Criminal Law Blawg Post
It’s that time of year again! Time to recognize the effort and thoughtfulness of criminal law blawgers with our annual Best Criminal Law Blawg Post, which has been dedicated to the memory of our dear friend, Joel Rosenberg. Unlike the other Beauty Pageants in the blawgosphere, the idea here is to provide a platform to revisit the excellent work done over the past year. Past winners of the JDog prize are luminaries of the blawgosphere, Ohio’s Jeff Gamso, Connecticut’s Gideon Strumpet, Texas’ Mark Bennett, Arizona’s Matt Brown and Fishtown’s Leo Mulvihill. Here’s the deal: Anybody can nominate a post for the honor, including their own. SJ posts are off limits. You can nominate them anonymously, with great fanfare, just by name or with a detailed explanation of why you think a post is the best. It can be a post from a criminal defense lawyer, a prosecutor or a non-lawyer, provided its…
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2011, “They Will Be OK,” Revisited
Oh sure, Chad Chadwick now gets an outpouring of support, but what about then? What about the efforts of the brave SWAT team? This was how it was reported in 2011: Officers were called to the Century Apartments in Sienna Plantation on Sienna Springs Boulevard around 9 p.m. Tuesday after a man called 911 to say his friend was thinking about doing something violent. Missouri City police said the friend, Chad Chadwick, refused to come out of his third-floor apartment after a fight with his wife. Violence? Wife? This was serious. Dangerous. This calls for the heavy armor. After several hours of failed negotiations, SWAT officers barged in and used a Taser gun to get Chadwick under control and handcuffed him at 1 a.m. Wednesday, officials said. Before he was handcuffed, police said Chadwick punched two officers in the face. This vicious, violent guy punched two officers? That’s awful. I sure hope they weren’t badly hurt. They will be OK. Whew.…
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Montana Jury rejects Stand-Your-Ground self-defense in Murder trial
A Montana jury recently rejected a "stand your ground" defense offered by a defendant charge with the murder of a German exchange student earlier this year. The defendant argued that he was only acting out of self-defense in protecting his home against intrusion by burglars, but the jury instead found the defendant guilty of deliberate homicide. The victim in this case was a 17-year old German exchange student who was lured by the defendant into the defendant's garage using a purse left in plain sight inside the open garage. Witnesses testified that the defendant and his girlfriend planned to capture suspects of prior burglarizes, believing that local law enforcement were not responding effectively. A hair stylist also testified that the defendant himself told her that he would be killing the teenagers who were responsible for the break-ins, and that he had been on a stake-out waiting for the burglars to accept his bait. When the exchange student finally…
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TRAC Releases Full Report on ISIS Mass Beheadings of Syrians
Via the Daily Mail: TRAC (Terrorism Research & Analysis Consortium) and the UK-based think tank Quilliam have released their full report on the video of the black-clad ISIS executioner and 21 of his compadres beheading 22 Syrians that ISIS... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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KARMA KRAMER
Many years ago we were retained to represent a troubled man; he was a professional in his late twenties and had some issues with his recovery. He had some personal issues which made him vulnerable to manipulation, and in fact he fell into a trap laid by some BSO deputy-thugs, and their snitches. He tried to get out of what he saw unfolding as a drug deal- but it was too late. He drove away, the police made a very bad stop. He refused a request to search his car and was badly beaten. The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo. But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers…
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Holidays: Remembering to Heart Your Favorite Bloggers
December likely is the month that bloggers balance the ledger sheet and reassess their time commitment to blogging because of the financial drain. How many hours were spent blogging, how much money did it cost in lost income from their day job and... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Third Offense DUI in Michigan (Wayne, Oakland and Macomb County)
Amongst the realities that hit home like nothing else when you're facing a 3rd offense DUI charge is the realization that it's a felony, and that alone can stop some career paths dead in their tracks, while completely derailing other career plans. Anyone in this position already has a sinking feeling that asking the Judge for mercy and promising "I won't do it again" will not work anymore. Surprisingly, if the right proper steps are taken, a third offense can work out a lot better than you can probably imagine right now. That's not to say that you'll win any kind of prize for your 3rd DUI, but much can be done to minimize the consequences you will actually suffer, particularly any kind of incarceration. The point of this article is to help the reader understand that despite the seriousness of a 3rd offense DUI charge, it does not have to be the end of the world. If you're going to have any success in court, you will have to be guided…
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Two Brooklyn Police Officers Shot and Killed
Two Brooklyn police officers who were sitting in their patrol car were shot and killed by a lone gunman from Baltimore. The gunman shot himself in a nearby subway station. The Daily News has a graphic photo of him alive on a stretcher as he was... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Happens When You Wage a Hate War Against the Police?
This happens.The Washington Post story contains these paragraphs:Several hours before the shooting, a man believed to be the gunman wrote, "I'm putting wings on pigs today" on his Instagram page, the Post reported. The images showed a silver handgun with a wooden handle and a pair of camouflage pants and blue tennis shoes that appear to match those worn by the suspect as he was circulated by the media that show him being transported to the hospital. The photos use hashtags for Michael Brown and Eric Garner and appear to indicate that the shootings were an act of revenge."They Take 1 Of Ours ... Let's Take 2 of Theirs," the post said, before adding, "This May Be My Final Post."The people who have been waging a non-stop hate campaign against the police will of course disclaim any responsibility. And it appears to be true that the assassin was unbalanced. But we all know there are unbalanced people out there, and that hate can…
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How is ‘actual loss’ calculated in a fraud case in federal court?
Answer: One would think that in a case involving the theft of money or a financial fraud, the ‘actual loss’ would be the amount of money taken or stolen, right? It’s not. ‘Actual loss’ is a term of art and it means not just real loss, but intended loss. Why does this matter? Because, under the Federal Sentencing Guidelines, the more the actual loss (or intended loss), the higher the sentence. But what if the actual loss is zero, that is, what if no one lost any money or had any money actually taken from them? As a Jacksonville criminal attorney, I have seen cases where prosecutors try to inflate loss figures, even when the real loss is minimal. Consider the case of U.S. v. Markert, decided by the Eight Circuit Court of Appeals on Decenber 18, 2014. John Markert, while president of a bank, approved five nominee loans by the bank to friends and family of George Wintz, a good bank customer. The loan…
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Immediate Reaction to the Police Assassination
A couple of things we are certain to hear eight zillion times in the next couple of days:1. "These killings were a senseless act." Of course this is nonsense. It made plenty of sense to Ismaaiyl Brinsley, the man who did it. He had it in for the cops, in part, as his Instagram entry all but proclaims, because of the intentionally whipped-up hatred against them, and acted on his hatred. Nothing senseless about it.2. "We should come together in the face of this tragedy." This will be said over and over by the people who used the Michael Brown and Eric Garner deaths to inflame racial antagonism and grievance as much as they could.It's only fair, however, to note one thing we will not hear: We won't hear Ivy League law students complaining that their distress makes it impossible for them to take their exams.
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Maine Multiple OUIs
If you are facing a charge of your fourth or more OUI, also known as Multiple OUIs in Maine, you need to be aware of the impacts to your lifestyle and you will be facing jail time. Multiple OUIs in Maine covers the fourth or more Offense within the lifetime of the accused. A conviction […] The post Maine Multiple OUIs appeared first on The Nielsen Group.
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Elfs Can’t Drink and Drive Either
You can’t make this stuff up. Apparently a guy dressed up as an “Elf on the Shelf” and got behind the wheel after drinking. It sounds like he was sleeping it off in the parking lot when the police saw him and arrested him. Aside from this guy’s costume, this case provides a good reminder that Virginia doesn’t allow you to sleep it off behind the wheel either. Had this happened in Virginia, he would likely have been charged with DUI here too. Being behind the wheel is “operating” the vehicle. The best solution for holiday partying is to select a designated driver and make SURE that they don’t drink ANY alcohol. If that’s not possible, call a cab. Cabs aren’t cheap, but they’re much cheaper than a DUI. Photo from Riverdale Police Department © admin for Andrew Flusche, 2014. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Elfs Can’t Drink and…
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Pay or Fight Your Traffic Ticket in Vegas?
Ready to Pay the Court and Insurance Company? A Routine Traffic Violation or Not? How extremely lucky do you feel when you’re driving down the road, you see a police car in your rear view mirror and then it goes right by? Americans drive more vehicles more often during the day than any other people in the world; automobiles are a way of life, but also more arrests are made than ever. It is a rare driver who never gets a ticket or moving citation. If you have received a driving violation, you really only have two choices. They are to pay the ticket or fight the ticket by going to court. Nevada statues are explained in NRS 482, 483, and 484 where all traffic violations is listed including all traffic violations: Driving While License is Suspended, DUI, Leaving the scene or Hit and Run, Vehicular Homicide, Vehicular Manslaughter, Reckless Driving, running a stop sign, speeding and more. Of course, after you have been pulled over, there are many different charges the police…
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Crash east of Mountain Home Blocks traffic
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: 12/20/14 9:08 PM Please direct questions to the District Office Shortly after 1:30 PM today, December 20, 2014, the Idaho State Police investigated a non-injury crash involving two commercial vehicles westbound on I84 at milepost 108, about 12 miles east of Mountain Home. Vaughn Clark, age 60 of Boise was driving westbound up Hammett Hill in a commercial vehicle with two trailers. John Wood, age 60 of Cambridge was also westbound in a beet truck. Wood was attempting to pass Clark on the left but had to go back into the right lane because there was a passenger car in the left lane. Wood then braked in an attempt to avoid striking Clark's vehicle but was unable to…
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