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What went Wrong with your Driver's License Appeal?

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"Do-it-yourself" is a great idea when it comes to some things, but it's a recipe for disaster when it comes to others. A "do-it-yourself" driver's license restoration appeal is usually a disaster. As a Michigan driver's license restoration lawyer, a large number of my clients are people who have tried to do a license appeal on their own, without a lawyer, and then lost. Some try - and lose - more than once. None of this surprises me. Eventually, and particularly because you can only file 1 appeal in a 12 month period, frustration overtakes pride and common sense exceeds frugality, and I get the call. In fact, there is a decent chance that if you're reading this, you have lost a license appeal. In this article, I want to go beyond a long-winded way of saying, "Call me!" Here, we'll do a kind of generic post-mortem exam of what went wrong with your case and try and figure out why you lost. We'll look at the 3…

Toledo Blade urges "No more prisons" for Ohio as it deals with overcrowding issues

"An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State"

GREG PREBISH HAS PASSED AWAY

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Greg Prebish, a former Miami Criminal Defense attorney who relocated his family to Jackson Hole, Wyoming, where he worked as a lawyer and a host for the mountain ski resort, passed away suddenly over the weekend from septic shock as a complication from a minor knee surgery. Greg is the son of famed Miami Criminal Defense Attorney Harry Prebish, who co-founded the Miami Chapter of the Florida Association of Criminal Defense Attorneys. Greg was a great lawyer. Beloved and respected by his colleagues from both sides of the courtroom and the Judges who presided over his cases. Greg was a fixture on the FACDL ski trips, and at some point he decided the mountain life was for him, so he very bravely gave up his practice here and went to Wyoming, where he was able to live the life he always wanted to live. So many of us dream of doing something like this, but so few of us actually do it. Greg passed away way way too early, but at least he was living life on his own…

NY Penal Law 220.03, 221.10 and 221.40 ...cont

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In People v. Pernell Nunn, , decided on June 14, 2009 in Kings County (Brooklyn) Criminal Court, Justice John H. Wilson addressed the issue of whether “the exercise of the court’s discretion to deem a misdemeanor complaint charging a drug related offense to be an information in the absence of a field test or laboratory analysis, violate the defendant’s constitutional right to due process? The answer and the case after the jump. Citing the Matter of Jahron S, 79 NY2d 632 (1992), a case involving the possession of drugs, Judge Wilson observed that “‘opinion as to the content of the vials containing alleged controlled substances is legally insufficient because it does not by itself establish the existence of a controlled substance.’ Id at 636. (Emphasis added.) This was the case even if the officer asserted that the substance recovered was crack cocaine based upon his ‘training and experience.'” In other words, to make the…

Top-Ten Recent SSRN Downloads

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in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 219 The Compliance Function: An Overview Geoffrey P. Miller New York University School of Law Date posted to database: 20 Nov 2014 [3rd last week]...

Getting Criminal Cases Dismissed Based on Conflicting State Statutes and Municipal Ordinances

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While certain towns within Colorado and surrounding Denver may have their own legal rules, by virtue of an Ordinance or Municipal Code, there are different penalties based on where your case was filed.  Additionally, there may be an opportunity to seek a dismissal in your case if there is conflicting law between the Municipality and the State.  Though we will discuss some of the issues that need to be analyzed in order to seek a dismissal below, in order to determine which law and set of penalties applies in your particular case, and whether a motion to dismiss is appropriate for you, you will need to consult with a criminal defense attorney in Denver as to what law would apply to you. One document may supersede the other, or may even co-exist, as we will see in the case of City of Aurora v. Martin which involved the charge of assault.   The facts in this case surrounded the City of Aurora’s Municipal Ordinance. The defendant, Martin was found to be…

Poor Drunk Driving Excuse and Vanilla Extract DUI

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We mentioned last week that although DUIs were down over the course of the year in Minnesota, there was a spike during the holidays. That holiday increase likely came as little surprise to Daniel Pratts, who was arrested in New Jersey on New Year’s Eve. An officer pulled Pratts over after witnessing the driver blow through a stop sign. The officer suspected that Pratts had been drinking, but the driver refused to take a breath test. Despite his refusal to comply, the officer had enough evidence to place Pratts under arrest and take him to the station. According to the police report, while at the station Pratts told the officer that he shouldn’t be charged with a DUI because “it’s New Year’s Eve, everyone drives drunk.” Unfortunately for Pratts, the officer wasn’t buying his logic. Pratts was eventually charged with driving under the influence, refusal to take a breath test and reckless driving. Excess Extract A New York woman…

Injured By The Police? Here’s How To Sue For Excessive Force – INFOGRAPHIC

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INJURED BY THE POLICE? HERE’S HOW TO SUE FOR EXCESSIVE FORCE. If you feel you’ve been a victim of POLICE BRUTALITY or EXCESSIVE FORCE by law enforcement, the process of seeking justice is a complicated one.  There are many considerations to be weighed in the process of determining if you have a shot at winning in court.Our handy infographic attempts to lay out some of the basic criteria in an excessive force lawsuit.   The takeaway is: Make sure you have a strong case, and can prove that you were injured as a result of a police officers unjustified behavior.  Be sure to hire an experienced attorney who can help argue your case, and get you the restitution you deserve. How to sue the Police for excessive force Share this Image On Your Site<p><strong>Please include attribution to www.minicklaw.com with this graphic.</strong></p> <p><a…

Preliminary Inquiry Maryland

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You’ve been issued a citation or summons in Maryland and the officer told you appear for a preliminary inquiry within 3 days before a commissioner. If you have to appear for a preliminary inquiry or you have been charged with a crime or traffic citation in Maryland, call attorney Randolph Rice for immediate legal help and to schedule a free consultation at (410) 288-2900 A preliminary inquiry is the first contact you will have with the court system.  At the preliminary inquiry the commissioner will advise you: You have a right to hire a lawyer and you should hire an attorney soon than later; The crimes you have been charged with; The maximum penalties for the crimes or traffic offenses you have been charged with; They may give you a trial date; They may give you paperwork for your case, like the Statement of probation cause. Will I be arrested when I appear for the preliminary inquiry in Maryland? If you have to appear for a preliminary inquiry, then you…

New York Exoneree Reaches Settlement in Wrongful Conviction Lawsuit

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Dewey Bozella, who served 26 years before he was exonerated for a murder he didn't commit, has reached a settlement with Duchess County, NY in the civil rights lawsuit he filed against the county for the misconduct that contributed to his wrongful conviction. The settlement was announced this morning at the Federal District Court in White Plains. The terms of the settlement were not disclosed. Bozella was initially arrested for the 1977 burglary and murder of a 92-year-old woman shortly after her attack, but the charges were dropped because there was no evidence linking him to the crime. He was rearrested for the crime six years later after two inmates, who were released from prison for their cooperation, told prosecutors that Bozella committed the murder. Even though a fingerprint was found at the crime scene that matched another individual who committed a nearly identical crime around the same time, the state went forward with the prosecution. Based solely on the…

Dimock on Contractarian Theory and Mala Prohibita Offences

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Susan Dimock (York University) has posted Contractarian Criminal Law Theory and Mala Prohibita Offences (R.A. Duff, Lindsay Farmer, S.E. Marshall, M. Renzo and V. Tadros, eds., Criminalization: The Political Morality of the Criminal Law (Oxford University Press): 151-181) on SSRN....

Obama Snoozes Through Anti-Terrorism Rally

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Terrorism is, to put it mildly, an aggravated form of murder, and thus a frequent topic on this blog.  In response to the machine gun murders of policemen, cartoonists and editorial writers by Jihadists last week in Paris, to "retaliate" for cartoons lampooning Mohammed, world leaders from across the globe rallied with 3,700,000 ordinary citizens on Sunday.  It was the largest rally in the history of France.  CNN reports:The day was emotional and peaceful, a gesture of unity just days after Islamic extremists slaughtered 17 people.World leaders joined French President Francois Hollande, including British Prime Minister David Cameron, German Chancellor Angela Merkel and Spanish Prime Minister Mariano Rajoy. The day also brought together an unlikely duo at the rally: Palestinian Authority President Mahmoud Abbas and Israeli Prime Minister Benjamin Netanyahu.Spot any omissions?  Right you are.  No Obama.  No Biden.  No Kerry.  And…

Squeeze in a visit? Weekly visitation hours at Harris jail 1/4 those in Tarrant

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Here are a few relevant data on inmate visitation from Houston and around the state as reported by James Pinkerton at the Houston Chronicle (Jan. 7)For years, visits have been a frustrating experience at the Harris County Jail, where visitation policies are among the most restrictive of the state's five largest county jails. And while Harris County's jail system is the largest in Texas, with an average daily population of 8,700, it has lagged in adopting technology to improve visitation that other counties have embraced, including video visitation for inmates. "I have to take three buses to get over here to see my husband, and they give me 15 minutes and I can't hear half of what he says," said Lawhern, who lives in Pasadena and tries to visit Trevino twice a week. Lawhern said that because she often can't hear what her husband said, she must follow up her visits with a collect phone call from her husband, yet another expense for a woman…

Teen Accused of Murdering Family Transferred to Prison for Credit Card Fraud

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A deferred sentence is a way to stay out of jail or prison and avoid a criminal conviction. It is often granted to first offenders and those accused of minor, nonviolent offenses. Instead of being convicted and sent to prison, the defendant is allowed to serve probation. As long as he or she complies with the terms of probation – not breaking any other laws, staying away from known criminals, paying court costs and fines, performing community service, getting drug or alcohol treatment, etc. – when the probation is over, the guilty plea is changed to “not guilty” and the case is dismissed. If, however, a person violates probation, the District Attorney will file a Motion to Accelerate sentencing. If granted, the Motion to Accelerate ends the deferment of sentencing, the judge finds the defendant guilty of the crime, and he or she is sentenced according to the statutory guidelines for the crime. There is no “credit for time served” in…

Body Cameras for Law Enforcement Could Assist in DUI Cases

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In the wake of the recent events surrounding Michael Brown’s death, Eric Garner’s death, and other similar incidences raising concerns of excessive force by law enforcement, many police agencies are considering and some actually using body mounted cameras. In August, The Wall Street Journal reported that, following the use of body-mounted cameras on police in Rialto, California, use of force by police declined by 60 percent and citizen complaints about the police fell 88 percent. In addition to reducing instances of excessive force by police, how else might body cameras affect criminal investigations? More specifically, how might they affect DUI investigations? Well, let me ask you this: How valuable might it be to a DUI investigation to see exactly what the officer saw when they arrested a DUI suspect rather than merely relying on a police report? Unfortunately, officers write their police reports hours after the arrest took place. By the time the officer actually…

Consequences for Receiving a “Distracted Driving” Charge in Massachusetts

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Distracted Driving Charge Under Massachusetts law, a “distracted driving” charge is a serious offense than can bring severe fines, penalties, and even result in a charge of manslaughter if the accident resulted in injury or death. For this reason, it is crucial to understand the state’s definition of “distracted driving” and the potential repercussions if you are charged with the offense. What Is Distracted Driving? In Massachusetts the technical term for “distracted driving” is negligent operation. This means the suspect was driving while texting, watching a movie, having a phone conversation, disciplining children in the backseat or engaging in any activity that takes their focus off the road. In an Alaska case, a man was convicted of murder after causing a crash while watching a DVD inside his truck. According to a Massachusetts former prosecutor Beth Karas, the goal of the law is to deter drivers from texting while driving. The…

Bank VP Convicted of Mismanaging Foreclosure Liquidation Department

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Mortgage Fraud Blog. William R. Beamon, Jr., a/k/a Rusty Beamon, 54, Atlanta, Georgia, has been convicted by a federal jury of carrying out a scheme to defraud Appalachian Community Bank, Ellijay, Georgia, by renting out bank owned properties and keeping the proceeds, as well as selling them to a shell company at below market prices. According to , the charges and other information presented in court: Beamon was Vice President of Appalachian Community Bank. Due to its poor financial condition, Appalachian was forced to close on March 19, 2010, and the FDIC was appointed receiver. Beamon was in charge of the Appalachian’s foreclosure liquidation department. In 2009, he represented to a real estate agent that he personally owned a house in Cumming, Ga. Beamon hired that agent to market and lease the property on his behalf. In truth, however, the property was owned by Appalachian and was part of the bank’s foreclosure inventory. Beamon’s real estate agent found…

Striking Recommendation from Plea Doesn't Preclude Government from Arguing Enhancement

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In United States v. Davenport, No. 13-3644, --- F.3d ---, 2014 WL 64698 (3d Cir. Jan. 6, 2015), the Court affirmed denial of 2255 relief in a case involving a question of breach of plea agreement. The government did not breach Davenport’s plea agreement when it advocated for -- and obtained -- a two-level upward adjustment for possessing a firearm in connection with his conspiracy to distribute narcotics offense.  Even though the defendant and his attorney had stricken and initialed a joint recommendation regarding the U.S.S.G. §2D1.1(b)(1) enhancement from the written agreement during plea negotiations, the government never agreed not to argue for the enhancement.  Therefore, when the firearm clause was stricken from the agreement, it merely meant that the parties no longer jointly agreed on that specific sentencing recommendation.   Reading the plea agreement as a whole, the government was entitled to put the district court on notice…

Jackson on Legitimate Authority

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Jonathan Jackson (London School of Economics & Political Science - Department of Methodology) has posted On the Dual Motivational Force of Legitimate Authority (Forthcoming, Jackson, J. (2015). ‘On the Dual Motivational Force of Legitimate Authority’, in Bornstein, B. H. and...
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