Researchers from Washington State made the news recently when it was revealed they have begun work to develop a breath test that will do for marijuana what existing devices have done for alcohol detection. The new device is aimed at helping police officers quickly and easily identify those drivers whose marijuana usage has resulted in impairment. The issue of marijuana impairment has become trickier now that several states, Washington and Colorado, have passed measures allowing for the legalization of marijuana usage. Though smoking pot may not result in an arrest, … [Read more...] The post Breathalyzer Test for Pot in the Works appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
Breathalyzer Test for Pot in the Works
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In Florida, State May Be Able To Prove a Burglary Charge If Defendant Has The Property Shortly After The Theft
In Florida, prosecutors often charge someone with burglary even when there is no direct evidence that the defendant was at the house, business or other location that was burglarized. Generally, a burglary involves a person entering some structure with the intent to commit a theft or other crime once inside. Where a suspect gets caught breaking into a house or leaving a house with stolen property, a burglary charge is easier to prove. However, many burglary cases in Florida are brought even when there is no direct evidence establishing the defendant was at the location that was burglarized. There is a jury instruction in Florida that says a jury can consider the fact that the defendant was in possession of stolen property shortly after the burglary to find a defendant guilty of burglary. This is the case if it is clear the property was in fact stolen and the issue is whether the defendant was the one who stole it. This instruction does not come into play when the defendant…
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NY Penal Law 220.03, 221.10 and 221.40
Possession or distribution of illegal drugs is considered a crime under federal and state laws which can result in criminal prosecution. The manufacturing of illegal drugs is considered a felony. The consequences of a conviction can include hefty fines and prison time. In addition, those who help to produce any kind of illegal drug may also be charged with the crime and are typically subject to consequences that are much more severe than possession of a drug for personal use. Under the New York Penal Law, a person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the…
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News Scan
Ohio to Change Execution Protocol: Officials in Ohio have announced their plan to drop its current two-drug execution method and switch to a different protocol, requiring a delay to an upcoming execution. Andrew Welsh-Huggins of the Associated Press reports that Ohio will now use thiopental sodium for future executions-a move that death penalty opponents immediately questioned because foreign manufacturers refuse to sell it to U.S buyers. Ohio was set to execute convicted child killer Ronald Phillips early next month. Repeat Offender Arrested on Drug, Weapons Charges: A California man with a lengthy criminal history is behind bars once again after authorities say he illegally sold drugs, weapons, and stolen cars. Corin Hoggard of ABC 30 reports that 46-year-old William McPhederain a documented member of the Aryan Brotherhood, has been in and out of police custody since the age of 16 on a variety of felony charges. McPhederain is no stranger…
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Going Federal On Implied Consent
There comes a time when it becomes clear that the persistent and systematic violation of a constitutional right is falling on deaf ears in state courts. Here in Minnesota, in case after case, the fundamental constitutional right to be protected from warrantless invasions of bodily integrity – your right to refuse to give your breath, blood, or urine when there is no search warrant -- is being flagrantly violated by police during DWI investigations, and the courts are doing nothing about it. When that time comes, as is certainly has, the only remaining option is going federal. Today, on behalf of a client, we filed a petition for a writ of habeas corpus in federal court. We put together evidence of our state courts’ failure to uphold the Constitution, and we are asking the federal court to step in to protect our rights. Minnesota courts have left us with no other choice. Since January 2014, in the aftermath of the Minnesota Supreme Court’s decision in State v.…
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I Don’t Have a Legal Immigration Status in the United States – Can I Still File for Bankruptcy?
In Georgia, there are many foreign nationals who are raising American families, contributing to the Georgian economy and helping local communities, but who do not have valid immigration status in the United States. Many of these foreign nationals have also been hit hard by the economic recession. In light of the President’s recent announcement of his executive orders which are aimed to help similarly situated foreign nationals, many of these people have contacted our office to discuss both their immigration and their bankruptcy options. At the Law Offices of Michael West, our staff is knowledgeable and experienced in both immigration and bankruptcy law. One of the most frequently asked questions we receive involves both of these specialties: “If I don’t have immigration status, can I still file for bankruptcy?” Read on to learn more about this topic. What the Bankruptcy Law Says The bankruptcy law does not require people who file…
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South Florida Woman Charged with DUI Manslaughter and Vehicular Homicide
Our Palm Beach and Broward County DUI defense lawyers have learned that a Miami woman will face charges of DUI manslaughter and vehicular homicide in the 2014 death of a motorcyclist. According to reports, the 22-year-old woman was driving the wrong way on I-95 in Ft. Lauderdale back in July, when she struck and killed a man, age 42. At the time of the accident, she was under the influence of alcohol. When her blood was tested three hours after the crash, it was revealed that the woman had a BAC level of 0.189, well over double the legal limit. As we know from experience as former prosecutors and now as tested criminal defense lawyers, DUI manslaughter and vehicular homicide charges can yield serious consequences, and someone facing such charges needs to hire an experienced criminal defense team in order to mount a viable legal defense.
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SCOTUS orders new briefing and argument on ACCA's constitutionality in Johnson!?!?!
The US Supreme Court on Friday afternoon added a remarkable twist to what had been a small sentencing case, a case which had its (first) SCOTUS oral argument earlier this Term, via this new order: 13-7120 JOHNSON, SAMUEL V. UNITED STATES This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: "Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U. S. C. §924(e)(2)(B)(ii), is unconstitutionally vague." The supplemental brief of petitioner is due on or before Wednesday, February 18, 2015. The supplemental brief of the United States is due on or before Friday, March 20, 2015. The reply brief, if any, is due on or before Friday, April 10, 2015. The time to file amicus curiae briefs is as provided for by Rule 37.3(a). The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs…
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I Just Transferred Property – Do I Need to Wait to File Bankruptcy?
Every week, our office speaks with many Georgian families about the best ways to recover and rebuild their financial lives in the wake of the recent economic crisis. One solution to debt problems is to file for bankruptcy. Filing for bankruptcy is not the right move for everyone (which is why it is so critical to speak with a bankruptcy attorney before beginning this process). Additionally, even if bankruptcy is the best decision for your family, there are many considerations that must be taken into account in order to gain the most benefits from doing so. Read on to learn more about one consideration, the transfer of property, that must be kept in mind when developing any bankruptcy strategy. Why are Property Transfers Important? Property transfers in the context of bankruptcy are so important to consider because if you transfer property before filing your bankruptcy application, the bankruptcy court may think that you did so in order to “game the…
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My Bankruptcy Attorney is Ignoring Me – What Can I Do?
In Georgia, many families and small business owners have made an important New Year’s Resolution – to get financially fit in 2015. If you are carrying a significant debt burden and your income is not keeping pace with your bills, one way to get financially fit may be to file for bankruptcy. Filing for bankruptcy is a very serious endeavor. While there are numerous positive outcomes from filing for bankruptcy, doing so is rarely a simple process and may not be the best solution for everyone (depending on their own financial circumstances). Because of these reasons, it is always highly recommended that Georgians who are interested in filing for bankruptcy consult with an experienced attorney who can help them determine their eligibility for bankruptcy, examine and understand their responsibilities during the process, and ensure that their rights and privacy are protected. Unfortunately, not all bankruptcy attorneys are created equal. Many…
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The Kosher Market Hostage Incident
The Daily Mirror reports there were "30 Jewish shoppers" huddled in the freezer two floors below the market during the hostage siege. All were safely evacuated. The four hostages killed in the market reportedly were killed by Amedy Coulibaly when... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What is Credit Counseling and Debtor Education?
When Georgians file for a Chapter 7 or Chapter 13 bankruptcy application, they must fulfill a requirement called debtor education and they also complete mandatory credit counseling. The purpose of these two requirements is to help bankruptcy filers avoid the need to file for bankruptcy in the future. These requirements are absolutely necessary to the bankruptcy process, so it is highly advised that you contact an experienced bankruptcy attorney who can help you make sure you meet these requirements in order to ensure the success of your bankruptcy. Bankruptcy’s Credit Counseling Requirement The credit counseling requirement actually kicks in before you file for bankruptcy. Specifically, during the 180-day period immediately preceding the time when the actual bankruptcy application is submitted to the court, the person filing the bankruptcy (called the debtor) must receive counseling from a credit counseling agency that has been approved by the U.S.…
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Client Receives Clemency from Illinois Governor
Yesterday, one of my clients was granted clemency for a felony conviction received when he was a young man. Illinois Governor Pat Quinn granted 232 clemency petitions per the State Journal Register. The full list may be found in a link embedded in the article. http://www.sj-r.com/article/20150109/NEWS/150109532. It was a long and arduous process for my client, who has led an exemplary life since that time. I am pleased to have drafted his petition and appeared with him before the Illinois Prisoner Review Board. The Board made a recommendation to the Governor who granted our petition. It was a wonderful result. Kudos to Governor Quinn for this just result.Lori G. LevinAttorney at Law180 N. LaSalle, Suite 3700Chicago, IL 60601888-748-4095levin@lorilevinlaw.comwww.lorilevinlaw.com
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Marijuana Notes
There are a couple of interesting marijuana stories in the papers. Dan Frosch reports in the WSJ:Before Colorado became the first state to allow marijuana for recreational purposes, supporters boasted that legalization would generate a sizable tax windfall, while opponents warned that it could have dramatic social consequences.Slightly more than a year into the state's experiment with sanctioning pot sales to adults 21 and older, neither prediction is proving entirely true. Marijuana so far hasn't been the boon or bane that many expected, offering potential lessons to other states considering legalization.Susan Shapiro had more personal and poignant article in the LA Times last week. I know the dark side. I'm ambivalent about legalizing marijuana because I was addicted for 27 years.…
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The Law of Unintended Consequences
The NYPD's recent union maneuverings have been both sophomoric and shortsighted, and reflect a childish petulance on the part of the leadership that threatens to further jeopardize community relations and the rank and file's relationship with the administration. They have also, however unintentionally, offered evidence that the NYPD has long been engaged in a policy of making unnecessary and gratuitous arrests.The department has enjoyed the reflexive and unwavering support of City Hall since Rudy Giuliani was elected in 1993. While the unions and the administration would battle over money and contracts, no police misconduct was too severe to meaningfully dent the mayor's unconditional backing of the NYPD. Not the sodomizing of Abner Louima, not the 41 shots fired at the unarmed Amadou Diallo, not the shooting deaths of Sean Bell or Patrick Dorismond, nor any of the other many events that should have given City Hall pause. Now, at the first whiff of (entirely…
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Over 100 Cops Destroy DUI Suspect’s Home…for Failing to Appear in Court
What happens when a citizen arrested for drunk driving doesn’t show up for his court hearing? Well, a warrant is issued for his arrest….and if he refuses to surrender, over 100 cops destroy his home. New York Deputies Destroy Man’s Home During Standoff to Force "Peaceful Outcome" Ithaca, NY. Jan. 7 – A New York sheriff’s department said it destroyed a man’s home during a standoff in order to reach a peaceful resolution as well as to protect the armed suspect inside, but the man ended up killing himself anyway. Nevertheless, the Tompkins County Sheriff’s Office is satisfied that none of the more than 100 officers from multiple agencies were hurt during the 60 hour standoff. Sheriff officials say David Cady, 36, took his own life because he had made up his mind not to go back to jail. His crime: failure to appear in court on a felony drunk driving charge… For a frightening YouTube video of what was…
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*** CORRECTION TO FINAL UPDATE *** Crash with road blockage on US-93 at milepost 37
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: January 10, 2015 10:44 a.m. Please direct questions to the District Office *** Correction to Final Update *** Richard S. Nicholson was driving a 2010 Dodge pickup. jc/ln *** Final Update *** All lanes are now open on US-93 near milepost 37. jc/ln ************** *** Update *** On Friday, January 9, 2015, at approximately 10:24 p.m., Idaho State Police investigated a two vehicle fatality crash southbound US-93 near milepost 37, in Twin Falls County. Michael L. Reichlein, 18 of Hollister, ID, was traveling southbound, in a Dodge Durango, on US-93 near milepost 37. Richard S. Nicholson, 45 of Henderson, NV, was traveling northbound in the southbound lane of US-93 and struck Reichlein's vehicle. Reichlein succumbed to his injuries at the scene. Nicholson was transported by ground ambulance to St. Luke's Medical Center in…
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Texas police misconduct roundup
Grits makes no comprehensive effort to track police misconduct around the state but can't help but notice Texas has witnessed quite a few extreme and remarkable cases over the last month or so. Here are a few that jumped out:A Dallas police officer who was accused last month of sexual assaulting a woman in his squad car killed himself yesterday.A 23-year old cop in Victoria was fired after dashcam video of him tackling and tasing a 76-year old man went viral.From the Express-News (Jan. 9), "Late Thursday, San Antonio Police Department Officer Konrad Chatys was booked on allegations he stole items from a couple while on duty. On Friday afternoon, Billy Torres, 40, a Bexar County Sheriff’s Office deputy, was arrested on a charge of burglary of a building."In Laredo, "A South Texas sheriff's deputy and her brother have been charged with conspiracy in an indictment accusing them of drug trafficking."It was reported last month that an SAPD…
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Another Innocent Man Cleared in Brooklyn
Ret. Dt. Louis ScarcellaThe other day, Justice Raymond Guzman, sitting in Kings County Supreme Court, vacated the conviction of Derrick Hamilton, who had spent more than 20 years in prison for a crime he did not commit. No, this is a not a repeat of prior posts (Here, here, and here, for example). Hamilton was released on parole in 2011, and now is entirely free.As the NY Law Journal notes, "The vacatur is the latest in a growing list of convictions that District Attorney Kenneth Thompson has deemed unjust. Since Thompson became the borough's top prosecutor last year, his office has undone 10 convictions and dropped the appeal of a habeas grant to an 11th man." What is notable is not simply that four of these convictions flowed from arrests by NYPD detective Louis Scarcella, or that of the remaining 100 convictions that Thompson intends to review, 70 involve Scarcella. Rather, it is that Thompson still refuses to offer any broad criticism of Scarcella's…
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Army Sexual Harassment – What is it?
What is Army Sexual Harassment? With all of the recent news concerning sexual harassment this article will help you understand what the Army Sexual Harassment Policy prohibits. Army Regulation 600-20, Chapter 7-4, Prevention of Sexual Harassment defines sexual harassment is defined as: Sexual harassment is a form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders when— (1) Submission to, or rejection of, such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, career, or (2) Submission to, or rejection of, such conduct by a person is used as a basis for career or employment decisions affecting that person, or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or…
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