Whenever I have a DUI / DWI 2nd offense in Virginia, I request certified copies of the prior conviction. You never know what issues you will find that could carry the day in court. Required disclaimer: PAST CASES DO NOT PREDICT FUTURE SUCCESS. ALL OUTCOMES DEPEND UPON THE FACTS OF EACH CASE. In a recent Spotsylvania DUI 2nd that I defended, my client’s prior DUI was from Indiana. Thanks to fighting that, we were able to get the charge reduced to a regular first offense DUI. The problem with Indiana is that their definition of DUI includes any device for transportation by land or air. However, Virginia’s DUI law only punishes people who are operating a vehicle with an engine of some type. Due to that discrepancy, the prosecutor agreed that Indiana was too broad, and my client was able to walk out of the courthouse with no active jail time. If you’re charged with a DUI in Virginia, call me to discuss your options. © marketing for Andrew Flusche, 2015. |…
DUI 2nd in Virginia – Challenge the Prior – Fight Indiana
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Criminal Defense Attorney Arrested For Defending Her Client's Constitutional Rights
A criminal defense attorney was arrested for resisting arrest in the hallway of the courthouse where she has worked for the past 18 years. Jami Tillotson, a Deputy Public Defender for the San Franciso Public Defender's office was arrested this week right outside the courtroom as she was trying to defend the rights of her client. Other attorneys with the public defender's office filmed the whole thing, and the Office put it on YouTube with subtitles. Let's break down what happened in the video. Public Defender Jami Tillotson was in court when a police investigator attempted to photograph her client and a co-defendant in the hallway. Tillotson steps in and attempts to prevent the investigator from taking photos of her client. She is then arrested by the plain-clothes police investigator for resisting arrest. You may be wondering how Tillotson can be arrested for resisting arrest if she was not being arrested prior to the actual arrest caught on film. Although I…
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Tampa woman crashes into a bar, gets a DUI
A woman drives into a bar...not the beginning of a bad joke but rather an unfortunate incident for the unlucky driver. 29-year-old Sully Marie Torre-Medina was charged with possession of marijuana and DUI with injury after her car crashed into the Independent last Tuesday. The bar, which is located at 5016 North Florida Avenue, received minor damage but a customer was taken to a nearby hospital with injuries. After the crash, the suspect tried to leave the scene but was detained by other customers until police arrived. She failed field sobriety exercises and blew a 0.16 which is exactly twice the legal limit.
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2015.32: Texas Lawyers, Don’t Be That Guy
Some lawyers are reportedly interpreting Ethics Opinion 646 to mean that they can give their clients copies of discovery produced under Article 39.14 of the Texas Code of Criminal Procedure, despite Article 39.14(f)‘s admonition that: The attorney representing the defendant, or an investigator, expert, consulting legal counsel, or agent for the attorney representing the defendant, may allow a defendant, witness, or prospective witness to view the information provided under this article, but may not allow that person to have copies of the information provided, other than a copy of the witness’s own statement. Before allowing that person to view a document or the witness statement of another under this subsection, the person possessing the information shall redact the address, telephone number, driver’s license number, social security number, date of birth, and any bank account or other identifying numbers contained in the document or witness statement. For…
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Feeley on The Unconvincing Case Against Private Prisons
Malcolm M Feeley (University of California, Berkeley) has posted The Unconvincing Case Against Private Prisons (Indiana Law Journal, Vol. 89, No. 4, 2014) on SSRN. Here is the abstract: In 2009, the Israeli High Court of Justice held that private...
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Identity Theft in the Third Degree
Identity theft laws in most states make it a crime to misuse another person's identifying information -- whether personal or financial. Such data (including social security numbers, credit history, and PIN numbers) is often acquired through 1) the offender's unlawful access to information from government and financial entities, or 2) lost or stolen mail, wallets and purses, identification, and credit or debit cards. Identity theft is one of the fastest-growing crimes in the nation, robbing its victims of time, money and peace of mind. Identity thieves often use the Internet but also can obtain sensitive personal data from trash cans and other unsecured locations. The most serious of identity theft convictions is a Class D Felony with a potential sentence of up to 7 years in New York State prison. 1st Degree Identity Theft is charged when the fraud resulted in $2,000, committed in conjunction with an additional felony (Class D Felony or higher) at the same time, or…
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The argument for a populist Democratic Party: Not the Obama Coalition
Neither of these women hinder or help the Emerging Democratic Majority. Egberto Willes in arguing that the "Obama Coalition" is not truly a Democratic coalition, wrote: President Obama won the presidency twice. Each time he won he did so by... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry
Alain Leibman writes: Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients. Still, like any blog, it exists largely in the ether, the cabined air of the blogosphere where interesting ideas are explored and debated. Like the proverbial falling tree in a forest, though, one cannot be certain that any blog-based analysis finds resonance in the real world. Until now, that is. I blogged here recently about an inexplicable decision of the Third Circuit in United States v. Erwin. Erwin had bargained for a cooperating plea agreement, gotten it, and performed his end of the bargain, both by pleading guilty and by cooperating successfully with the Government. A minor, boilerplate provision in his plea agreement provided that he waived any appeal of his sentence. Dissatisfied with his cooperation-reduced sentence, Erwin…
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Virginia Beach Reckless Driving by Speed (87/55) Reduced and Reckless Driving for Passing a School Bus Reduced!
My clients have received good outcomes in Virginia Beach General District Court this past week. One was charged with reckless driving by speed for 87 mph in a 55 mph zone. Another was charged with reckless driving for passing a stopped school bus. Another was charged with reckless driving by speed in a school zone. See below for results! DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. January 23, 2015 – Virginia Beach General District Court, Charge: Reckless driving by speed for 87 mph in a 55 mph zone. Outcome: Reduced from reckless to speeding at the same speed, non-reckless and non-criminal. January 27, 2015 – Virginia Beach General District Court, Charge: Reckless driving for passing a stopped school bus. Outcome: Reduced from the criminal code section for passing a…
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RoundUp, Child Pornography and Kyllo
After Jeffrey Feldman was indicted on federal charges of “receiving and possessing child pornography” he filed motions to “compel discovery regarding the computer program (`RoundUp’) used by law enforcement to initially detect the alleged presence of child pornography on his computer” and to suppress “evidence gathered pursuant to a subsequently obtained search warrant”. U.S. v. Feldman, 2015 WL 248006 (U.S. District Court for the Eastern District of Wisconsin 2015). The U.S. District Court Judge who has the case referred the motions to a U.S. Magistrate Judge, who scheduled oral argument on them, but on the “eve of the”argument the parties notified the Magistrate Judge that they had resolved the case and that the motions would be withdrawn on the filing of a plea agreement. . . . The parties filed a plea agreement on May 8, 2014, and [the U.S. District Court Judge] scheduled a plea hearing for June 13, 2014.…
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Williamsburg Reckless Driving (95/70) Null Prossed!
A good result in Williamsburg for a Reckless Driving by Speed (95/70) charge! DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. January 30, 2015 – Williamsburg General District Court, Charge: Reckless driving by speed for 95 mph in a 70 mph zone. Outcome: Null prossed. The prosecutor agreed to null pross the case when the trooper didn’t appear on the set trial date. The post Williamsburg Reckless Driving (95/70) Null Prossed! appeared first on Reckless Driving and Traffic Defense Attorney.
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Fine line between presenting evidence and being inflammatory
Interesting article today in the American Bar Association Journal about the prosecutor's use of 250 powerpoint slides in his closing. The Washington Supreme Court overturned the conviction stating the presentation amounted to “egregious misconduct” during the trial of Odies Walker.The powerpoint presentation included over one hundred slides with the caption “defendant Walker guilty of premeditated murder.” “Closing argument provides an opportunity to draw the jury’s attention to the evidence presented, but it does not give a prosecutor the right to present altered versions of admitted evidence to support the state’s theory of the case, to present derogatory depictions of the defendant, or to express personal opinions on the defendant’s guilt,” the opinion said.What is interesting is the quote from the prosecutor stating that the evidence was overwhelming and that he plans on asking the US Supreme Court to…
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Felony Possession of Marijuana Case of 5-50 lbs Dismissed in San Antonio
On January 30th, 2015, Cook & Cook client, Cindy, received a dismissal in the 186th Judicial District Court before the Honorable Jefferson Moore. She had been charged with possession of 5-50 pounds of marijuana in Bexar County, Texas. This type of charge is a felony in the third degree (up to 10 years in prison). Specifically, Cindy was accused of violating this Texas Marijuana Law: a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or…
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Fourth Amendment Rights
Most Americans somewhat understand what the Constitution stands for and who it is intended to protect. Nevertheless, it may be difficult to figure out which Amendments within the Constitution are more important than others and which pertain to you. The Fourth Amendment is one of the most significant components of the Constitution. It protects people from unreasonable searches and seizures by the government. However, this does not mean that the government is never allowed to conduct searches and seizures; the Fourth Amendment only pertains to searches and seizures deemed unreasonable under the law. So, what is reasonable versus unreasonable under the law? The courts have created a balancing test to figure this out: on one side of the scale is the intrusion on a person’s Fourth Amendment rights (against searches and seizures) and on the other side of the scale are the legitimate government interests (health, safety, and welfare). For example, if the government…
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Tippee Liability for Insider Trading Remains Focus in Second Circuit Following Newman, Conradt
The significant impact on insider trading prosecutions following the Second Circuit’s landmark ruling in United States v. Newman, 773 F.3d 438 (2d Cir. 2014) continues. In that case, the Second Circuit vacated insider trading convictions of two hedge fund managers, and directed that the charges against them be dismissed with prejudice. In reversing the convictions, the Second Circuit held that to establish tippee liability, the government must prove that the tippee knew both that the tipper breached a fiduciary duty by disclosing material, nonpublic information and that the tipper received a personal benefit by disclosing the information. Newman, 773 F.3d. at 450. The Second Circuit also clarified what qualifies as a “personal benefit” to the tipper. A personal benefit, although admittedly broadly defined, may not be established “by the mere fact of a friendship, particularly of a casual or social nature.” Instead, the government must present some…
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A 47-year-old Louisiana man who served nearly two-thirds of his life in prison for a crime that his lawyers say he did not commit has accepted a plea bargain with the local district attorney's office in order to secure his innocence. In 1985, George Toca, was convicted of second-degree murder with prosecutors claiming that he accidentally shot and killed his 16-year-old friend, Eric Batiste, during a botched hold-up in 1984 in which the two young men were attempting to burglarize a couple at gunpoint in a parking lot. Although Toca was only 17 years old at the time of the alleged crime, he was sentenced to life in prison. The Times-Picayune reports that over the years, Toca has insisted on his innocence, claiming that another man is responsible for Batiste's death. Even Batiste's family has called for Toca's release from Angola prison, but to no avail. Toca served 31 years in prison for a crime that both he and his lawyers at the Innocence Project New…
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News Scan
Murder Suspect Was On Probation: Fairfield, CA Police have arrested a habitual felon for a Thanksgiving day murder who was on probation at the time of the crime. Henry Lee of the San Francisco Chronicle reports that 19-year-old Leonard Clayton has had multiple "law enforcement contacts" in the past for a variety of crimes including drug possession, burglary, carrying a loaded gun in public, and possession of stolen property, which would have carried time behind bars prior to the state's Realignment law, which reduced the penalties for these crimes. Prosecutors To Seek Death Penalty For Accused Killer: Prosecutors in Pennsylvania have announced their plans to seek the death penalty for a man who police say brutally raped and murdered a sixth grade math teacher last month. The Associated Press reports that 25-year-old Thomas Moore, along with a 16-year-old accomplice, is accused of torturing the woman and killing her after a botched burglary at her…
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Insurance Defense Arguments in a Maryland Auto Accident Case
13 reasons an insurance company will try and not pay for your car accident claim: The insurance defense lawyer will argue that you have little to no visible damage to your vehicle. The interesting part of this argument is the vehicles designed today are made to resist damage and bounce back after an accident. So an accident 15 or 20 years ago a vehicle would have massive visible damage. Today the plastic bumper may have a dent that will pop out. The passenger was not injured and the driver, who is making the claim, is injured. This insurance defense is common, but each person in the car will move in a different direction after the accident and sustain different injuries based on their location in the vehicle. The claimant had pre-existing injuries. This insurance defense doesn’t hold much water, as the Courts will consider the person hurt in the condition they were when the accident occurred. In other words, the insurance company cann’t say…
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Minnesota’s New Expungement Law – Part Two: Six Additional and Important Clarifications (15-01A)
On January 5th, 2015, Judicial Training Update (15-01) summarizing Minnesota’s historic new expungement law was distributed. During the next several weeks, the thirst for additional information coming from judges, attorneys, law enforcement and the general public was overwhelming. The purpose for this Part Two Expungement Update is to add 6 additional facts about the new law. The following 6 additional facts are intended to supplement and provide clarification to the January 5th training update (15-01). Everything in the first training update is still accurate. When the Court Orders Expungement – Does that Include DNA Samples and DNA Records? What About Domestic Violence Convictions – Will the 2015 Legislature Revisit This Issue? What About DWI Convictions: Use for Enhancement & Implied Consent Records? Can You Use an Expunged Conviction for Enhancement Purposes (i.e. DWI’s Assaults, etc.?) How do Law Enforcement Agencies and…
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Interparty Dating
From the Daily Show, off-topic but very funny.
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