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"Rule of Law 1, Outrageous Police Power 0: Eric Holder limits asset-seizure “equitable sharing” program"

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David Post has this post at The Volokh Conspiracy. In part: [R]esponding to a growing wave of public outrage, outgoing Attorney General Eric Holder announced yesterday that he is discontinuing, effective immediately, the DOJ’s “Equitable Sharing” program, which allowed state...

So you want to win back your Drivers License?

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Every day, pretty much everything I do is DUI and driver's license related. In some DUI cases, I meet with people who are in the middle of a troubled relationship to alcohol. A man called my office the other day regarding his 7th DUI and insisted that his drinking was not a problem. On the other hand, I have clients for whom the last DUI is an "a-ha" moment; whether that produces lasting sobriety or not is the big question. For anyone even thinking about filing a Michigan driver's license restoration appeal, this is a starting point; you must have really quit drinking and accepted that you cannot drink again. That's a first and a must. Beyond that, however, there are some things you should know. This article is not going to be a simple rehash of my recent article about the essentials of Michigan driver's license restoration appeals, but rather a more pedestrian look at some of the things you may not have known. If you have lost your license…

ONLINE SOLICITATION OF A MINOR, NO CHILD REQUIRED

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A favorite tactic of law enforcement is to have an adult agent pose online as a pedophile with access to minors to lure and ensnare potential […]

What Constitutes Consent for Search of a Vehicle – State v. Wantland

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The U.S. Constitution and the Wisconsin Constitution protect Wisconsin citizens from unlawful searches and seizures. This means police officers need probable cause to believe you are committing a criminal act before they can search your person, house, or property. Property encompasses large items like one’s car but also includes smaller personal belongings, such as a purse or a wallet. If you or someone you know was subject to what seems like an unlawful search or seizure by law enforcement, we can help. At Reddin & Singer, we have helped a number of clients determine if the search and seizure was on valid grounds. In State v. Wantland, the court determined that a police officer’s search of a passenger’s briefcase was reasonable during an automobile search carried out with the driver’s consent. The facts of the case are as follows. The defendant was a passenger in a vehicle that was stopped by a deputy sheriff. The defendant’s brother was…

Lewd and Lascivious Behavior in Wisconsin

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If you have been charged with engaging in lewd and lascivious conduct, you need to hire an experienced Milwaukee criminal defense attorney immediately. These types of charges are not only stressful but can ruin an individual’s reputation in his or her workplace and throughout the community. Lewd is defined as indecent, obscene, and fraught with crude sexual desire. Under Wisconsin law, “lewd” behavior is considered a “crime against sexual morality.” “Lascivious” denotes expressing lust or zealous sexual desire. Lewd and lascivious conduct refers to unlawful conduct of an individual that is intended to arouse or cause sexual sensation in the self or another person, including acts such as open solicitation for prostitution or indecent exposure of one’s genitals in any public place or in a setting where it would be offensive to a reasonable person. Under Wisconsin law, Section 944.20 of the Wisconsin Code, whoever does any…

How can I beat a DUI charge (Infographic)

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The post How can I beat a DUI charge (Infographic) appeared first on David Black.

Bill: Add to Virginia's sex offender registry

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No doubt ex post facto. Clearly a hate bill. No logical purpose for this proposal.1-19-2015 Virginia: Sex offenders from decades ago, who committed their crimes before the state’s registry was created in 1994, would have their names added to a registry supplement under legislation that advanced Monday. Senate Bill 1074 would require state police to comb through local court records, primarily

Admissibility of Prior Sexual Contact – State v. Sarfraz

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Wisconsin’s rape shield laws generally forbid the introduction of any evidence concerning the victim’s prior sexual conduct. Put another way, the rape shield statute prohibits any information or opinion regarding sexual conduct that is not part of the sexual activity in question. Sexual conduct is construed broadly and encompasses living arranges, lifestyle choices, and the use of contraceptives. Rape shield laws in Wisconsin are gender-neutral, meaning they apply equally to men and women. In State v. Sarfraz, evidence of prior consensual contact between the defendant and the complainant was not admissible as an exception to the rape-shield law, since the defendant failed to demonstrate that the probative value of the evidence outweighed its inherent prejudice. The facts of the case are as follows. The complainant alleged that Sarfraz knocked on her apartment door, pretending to be her landlord. When she opened the door, he came in holding a knife and forcibly…

First-Degree Reckless Homicide – State v. Perner

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Just as in any other state, there are various degrees of murder in the state of Wisconsin. First-degree reckless homicide is charged when an individual does not intend to but recklessly causes the death of another human being under circumstances that illustrate a complete disregard for human life. This can include causing the death of another through the use of certain controlled substances. The controlled substance can be used by itself or in conjunction with other things. In State v. Mitchell A. Perner, the defendant called the police early in the morning on May 21, 2010, claiming that his girlfriend had overdosed on drugs. When the police asked what she had overdosed on, the defendant stated he believed it was “some sort of painkillers.” He went on to say it was painkillers that someone gave her. When police arrived on the scene, the defendant maintained that he did not know of any illegal drugs in the situation, aside from oxytocin and marijuana. Some time…

Prince Andrew Faces Sex Offender Allegations: Tied to Disgraced Financier, Jeffrey Epstein

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Allegations of sexual abuse involving minors can torch careers, destroy reputations and lead to jail time and other horrendous punishments… even if you’re a privileged Prince. To wit, consider that the Duke of York, Prince Andrew of England, faces a public relations nightmare (and potential legal morass) thanks to his affiliation with Jeffrey Epstein, a wealthy but disgraced financier from New York. Epstein palled around with notables like President Bill Clinton and Donald Trump prior to his arrest in 2006 on sex crime charges and other offenses. Reports suggest that Prince Andrew had frequented Epstein’s home during the last decade and potentially received massages and sexual favors from women who had frequented Epstein’s estate. A lawsuit filed in Southern District of Florida in 2008 for $15 million alleged that the financier had developed “a sexual preference and obsession for underage minor girls… [he] gained access to primarily…

Two Teachers Arrested for Incidents with Students in San Clemente

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Michelle Ghirelli, a teacher at West Covina high school was arrested on suspicion of having sexual relations with an underage student. Ghirelli, 30, is suspected of having the sexual contact with the minor in December while staying overnight at San Clemente State Beach. A second teacher who planned the outing was also arrested. Melody Lippert, 38, was an English teacher at South Hills High School and has been with the school district for 15 years. Lippert is accused of providing alcohol to the same group of students in November and is alleged to have had sexual relations with a student who was 18 years old. Lippert was charged with conspiracy and contributing to the delinquency of a minor and Ghirelli was also charged with unlawful sex with a minor. Both women have posted bail and are scheduled to be arraigned Wednesday.

New Public Enemy No. 1 Warrant Includes Attempted Murder, Other Charges

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The Salt Lake City Metro Gang Unit named a new Public Enemy No. 1 on Friday, Jan. 16. The warrant for his arrest includes charges of attempted murder and felony discharge of a weapon. Currently an adult, the man has a juvenile record as well. Not His First Charges According to a report from KSL […] The post New Public Enemy No. 1 Warrant Includes Attempted Murder, Other Charges appeared first on Salt Lake Criminal Defense.

MISSISSIPPI JUVENILE SEX OFFENDERS

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1-19-2015 Mississippi: Senate Bill 2213 would clarify that youthful sexual assault offenders under the age of 15 wouldn’t be required to register on the state’s Sex Offender Registry. The bill, filed by state Sen. Derrick Simmons, D-Greenville, would take effect July 1, if passed. ..Source.. by Jimmie E. Gates and Emily Le Coz

Baltimore Police Adjust Officer Schedules To Boost Efficiency

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Years of rigid officer schedules and mandatory five-day workweeks have hindered the Baltimore City Police Department's ability to fight crime in the most effective way possible. But starting this past week the department has implemented a dramatically modified system to determine when and where its officers will patrol the streets. The major changes include the adoption of a four-day workweek with 10-hour days, and the abolishment of a provision that once required the same number of cops to be on duty during all shifts throughout the week, regardless of demand for their services. The city and the police union struck a deal with these two modifications plus a 13 percent raise for all officers, which the city declares it will offset by eliminating over 200 vacant positions. Officials are confident that their new system will cut costs and reduce crime; a claim they say is backed by data from a test run of the new system just last year.

Ineffective Assistance of Counsel | Florida Rule of Criminal Procedure 3.850

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Ineffective Assistance of Counsel Florida Rule of Criminal Procedure 3.850 An appeal based on the Florida Rule of Criminal Procedure 3.850, is an appeal of last resort. It is used when all other appeals have been exhausted. This appeal is a claim of ineffective assistance of counsel, in which the defense attorney was unprepared, or incompetent in representing the client. An appeal of this type suggests that if it weren’t for the incompetent attorney, the end-result of the case would have been different; for this appeal to be effective, the appellant must substantiate this claim. The United States Supreme Court decision of Strickland v. Washington established the standard to determine the legitimacy of the claim of ineffective assistance: “First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the…

Conservative state senator preaching for medical marijuana reform in Pennsylvania

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This lengthy local article, headlined "Social-conservative lawmaker fights for legalizing medical marijuana," notes that a notable Republican Senator in the Keystone state has become noted for his "pot proselytizing." Here are excerpts from the piece: Standing amid the lunchtime crush at the Pennsylvania Farm Show last week was a gray-haired...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/M50gzUp1VyQ" height="1" width="1" alt=""/>

Crash on I84 in Payette County Kills One

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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: 01/19/15 7:30 PM Please direct questions to the District Office At approximately 6:43 AM this morning, the Idaho State Police investigated a fatality crash involving six vehicles eastbound on I84 at milepost 14, about one mile east of the Black Canyon Road exit. Efrain Ponce-Gutierrez, age 26 of Nampa, was driving eastbound on I84 at milepost 14 when he lost control of his vehicle, went into the median, and overturned. Ponce-Gutierrez' vehicle came to rest between the easbtound lanes of travel. At that time, several other crashes occurred at that location. One of those involved, Kyle Pratt, age 27 of New Plymouth, had exited his vehicle in an attempt to render…

Marching on Montgomery

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Almost 50 years ago, Martin Luther King, Jr., participated in a historic march from Selma to Montgomery, Alabama, to call attention to the ongoing fierce opposition to black voter registration, despite the Civil Rights Act passed in 1964.My old friend Matthew's father, Stefan Sharff, and several of his film students, made a short film based on footage they shot during the march. Referred to as an intimate documentary, it is an interesting piece, about 17 minutes in length, that captures the tension of the time. The hovering helicopters and armed National Guardsmen create a sense of foreboding, a suggestion that violence may be imminent. At the same time, the marchers' constant movement forward reflects progress in the face of resistance, and the marchers' resolve and resiliency provides hope, one that is rewarded when they reach their destination, and MLK delivers his speech.It is a compelling snapshot of America at a crossroads in early 1965, perhaps a month…

Bill filed to help sex crime victims

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1-19-2015 Florida: For the first bill he has ever filed as a Florida lawmaker, State Rep. Rene Plasencia, R-Orlando, has filed a bill that extends the time a victim of a sexual crime has to come forward and report it. "The hole in the law is the short amount of time that a victim has to come forward. The State of Florida ranks 48th out of 50 in statute of limitations. Ours is four years." The

The Not-So-New Sinaloa Indictments

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Amidst much fanfare and back-patting at a press conference last week, the U.S. Attorney in San Diego Friday announced recently unsealed drug and money laundering indictments of various leaders and members of the Sinaloa cartel. The Government's... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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