Mr. Lowe’s client was arrested by Texas Department of Public Safety and Grand Prairie Police officers after he was accused of having a major role over one car accident on 161 Tollroad in Dallas County. The officers accused him of Driving While Intoxicated. The Client had never before been arrested and had no criminal history. Mr. Lowe’s client was then subjected to a search warrant for his blood. The blood was extracted and the test result indicated that he was at least 3 times the legal limit. Mr. Lowe filed 4 Motions To Suppress Illegally Obtained Evidence. Mr. Lowe’s hearings last more than 2 days. In particular, Mr. Lowe’s motions claimed that the arrest was made without probable cause, the search warrant lacked probable cause, the detention was illegal and there was a Franks vs. Delaware issue concerning the truthfulness of the affiant officer who swore out the search warrant. After all the motions were…
Dallas .25 Blood Case Dismissed
↧
↧
Bill tightens restrictions on sex offenders released from prison
2-3-2015 Vermont: The Vermont House last week passed a bill tightening restrictions on how long sex offenders who have maxed out their sentences have to report to the state’s registry after being released from prison. By a unanimous vote Thursday, the House approved H.16, requiring convicted sex offenders to report information about where they intend to live to the Department of Public Safety
↧
What Is Considered (PC 240) Assault In Riverside County & Orange County?
PC 240 is commonly known as Assault in California. To prove that a defendant is guilty of PC 240 / Assault the prosecutor must prove five things: That the defendant did an act that by its nature would directly and probably result in the application of force to a person; The defendant did that act willfully; When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; When the defendant acted, he/she had the present ability to apply force to a person; AND The defendant did not act in self-defense or defense of someone else. “Application of Force” and “Apply Force” mean to touch in a harmful or offensive manner. The slightest touching can be enough if done in a rude or angry way under this law, and the prosecutor is not required to prove that a defendant actually touched someone. No one needs to actually have been…
↧
SPRINGFIELD MEN ARE ARRESTED FOR TRAFFICKING IN AND POSSESSION OF DRUGS AND GUNS
While the rest of us have been battling with snow, wagers on the Super Bowl and the like, Springfield’s law enforcement has been continuing its battle against Massachusetts drug crimes. It has been relatively lucrative too. In Springfield, police recently confiscated over $22,000 in cash and over 2,000 bags heroin after arresting two local gentlemen. Springfield Police Sgt. John Delaney announced that narcotics detectives had been conducting a criminal investigation into two alleged heroin dealers “who were responsible for distributing thousands and thousands of bags of heroin every week” across the area. Finally, toward the end of January, surveillance was set-up on one of the targets, identified as 49-year-old George Delgado (Hereinafter, "Target1") of Springfield. According to Delaney, detectives saw Target1 leave a residence on St. James Avenue and travel to a suspected ‘safe house’ on Westminster Street. He was then observed…
↧
Las Vegas Probation Violations
Probation Violations The conditions for probation can be tricky. Without adequate legal counsel, it’s easy for someone on probation to violate these terms. If you believe you may have violated the terms of your probation, it’s important to contact an attorney right away. It isn’t always easy for the average person to understand the details of the conditions of their probation. A simple misunderstanding can lead to serious consequences, and not having legal representation at this critical time only makes those consequences worse. As at all other times in the American justice system, people accused of violating probation are entitled to legal counsel. Don’t let the consequences of a probation violation derail your hopes for the future. If you need help with probation violation charges in Las Vegas, contact the experts at Potter Criminal Defense. They can be reached at (702) 997-1774.
↧
↧
“Distracted Driving” Laws in New Jersey Cover More than Just Cell Phones
“Distracted driving,” which typically refers to texting or talking on the phone while driving, is the subject of a wave of new laws around the country. While the focus is often on mobile phones, “distracted driving” laws could cover a much wider range of activities. This is of concern to us as DWI attorneys because any activity that a police officer reasonably believes to be a distraction could be grounds for a traffic stop, and all of the potential consequences of a traffic stop. No states have passed laws addressing specific distractions besides cell phones, although legislators in New Jersey have tried. According to the state Attorney General, distracted driving was a factor in about 1.4 million automobile accidents in New Jersey between 2004 and 2013. This is nearly half of the three million accidents that occurred during this time period. Distracted driving was not the cause of all of those accidents, just a factor, but lawmakers have taken note and…
↧
What’s It Mean To Willfully Commit (PC 240) Assault In Riverside & Orange County?
Someone commits an act “willfully” under (PC 240) assault when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If You Have Questions Regarding Willfully Committed (PC 240) Assault, Contact Us For An Experienced Assault Lawyer If you or a family member has been arrested for (PC 240) Assault , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
What Are Some Defenses For (PC 240) Assault In Riverside & Orange County?
First and foremost, a prosecutor must prove each and every element of their PC 240 assault case beyond a reasonable doubt to a jury. Typically, PC 240 defenses fall into one of three categories: False Allegations False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation. Other times, things like jealousy or anger can be enough to motivate a person to make false statements and allegations. Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness. Accident The prosecutor has to prove that the assault was willful and unlawful. True accidents therefore wouldn’t qualify. However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury. Accident is limited as a defense also to those…
↧
Would (PC 240) Assault Be Considered A Felony Or Misdemeanor In Riverside Or Orange County?
In California, PC 240 / Assault is always a Misdemeanor. This means that by law, it can only be charged as a misdemeanor, and cannot ever be elevated to a Felony. However, if there are related possible assault charges that CAN be filed as a Felony, that is always something a prosecutor can consider. If you or a family member has been arrested for (PC 240) Assault , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
↧
Article 78 proceedings were commenced in both counties....cont
The remaining issues refer to: 1. The right of the accused under the Sixth Amendment of the United States Constitution to confront and cross-examine his accusers; and 2. Whether under the pre-arraignment procedure the arraigning magistrate is given access to sufficient information to exercise his discretion guaranteeing the defendant's rights to reasonable bail, as set forth under the Eighth Amendment of the Constitution of the United States, Article I, Section 5 of the New York State Constitution, and Section 510.30 of the CPL. The first issue is relatively easy to dispose of. The right of confrontation is generally defined to mean the right of the accused to hear witnesses testify against him and to cross-examine them. The purpose of the confrontation clause of the Sixth Amendment is to advance practical concern for the accuracy of the truth determining process in criminal trial by assuring that the trier of the facts has a satisfactory basis for evaluating the truth of…
↧
S&P Agrees to Settle Lawsuit Alleging Inflated Mortgage-Backed Security Rating
Mortgage Fraud Blog. Standard & Poor’s Financial Services LLC (S&P) and its parent company, McGraw-Hill Financial Inc., entered into a $210 million settlement to resolve federal and state civil claims related to S&P’s conduct in inflating ratings of residential mortgage-backed securities and structured investment vehicle notes. Combined with a separate settlement resolving a lawsuit filed by the California Public Employees’ Retirement System (CalPERS), S&P will pay a total of $1.5 billion to federal and state government entities. The State of California, through its Attorney General, will recover $210 million in damages, from which CalPERS and the California State Teachers’ Retirement System (CalSTRS) will receive allocations for their losses on investments of certain S&P-rated securities. Separately, S&P will also pay CalPERS $125 million to settle CalPERS’ specific lawsuit. The remainder of the total settlement…
↧
How to Deal with an Out of State DWI in Houston
Have You Been Charged with a DWI While Traveling in another State? Taking a vacation and traveling out of state can be a wonderful adventure. But if something unexpected and difficult happens, like being arrested and charged with a DWI, you need all the help you can get from experienced DWI lawyers in your home […] The post How to Deal with an Out of State DWI in Houston appeared first on Scheiner Law Group, P.C..
↧
What Are The Penalties For (PC 240) Assault In California?
There are various punishments / penalties you could face for (PC 240) assault in Riverside or Orange county, California. Here is a list of possible punishments / penalties for (PC 240) Assault you can face: a. Up to six months in jail b. Up to $1,000 in fines c. A 10 year prohibition on firearm ownership / possession pursuant to PC 29805 d. Confiscation/destruction of the weapon e. Criminal Protective Order (Restraining Order) f. Up to 5 years of Summary (informal) probation g. Anger Management h. Restitution You’ll need an experienced (PC 240) Assault attorney In Riverside Or Orange County To Help If You’re Being Charged With (PC 240) Assault. If you have any questions regarding the penalties / punishments for (PC 240) assault, call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
↧
Would You Consider (PC 240) / Assault A “Strike” Under California’s Three Strike Law?
No. Penal Code 240 / Assault is not a “Strike” under California’s Three Strikes Law. If you or a family member has been arrested for (PC 240) Assault , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
Why We Have the Death Penalty
The list of horrors for which no sane person could think a jail term, no matter its length, is proportionate punishment, continues to grow. The latest came out today, in this CBS story titled, "ISIS Video Purports to Show Jordanian Pilot Burned Alive." This kind of barbarism has not been seen in, what, 400 years?I'd like to ask those among our readers who oppose the death penalty in all circumstances to watch the tape (I haven't and I'm not going to). Then I hope they'll explain why the death penalty is undeserved in this instance, and what other punishment consistent with civilized (and generally Eighth Amendment) standards fits this crime.If they believe that the punishment should not fit the crime, contrary to the accepted view in every other aspect of criminal law, that's fine -- they're entitled to that position -- but I hope that, in the future, they'll say up front and loudly that that…
↧
News Scan
Death Penalty For Sex Traffickers: Utah Rep. Paul Ray plans to introduce a bill making child sex traffickers eligible for the death penalty. Michael A. Kruse of Capital West News reports that Ray believes that the law would deter criminals from engaging in the sex trafficking of children. In 2008, the U.S. Supreme Court struck down a Louisiana law that made child rape eligible for the death penalty. Cop Killer To Be Executed: A Texas man who was sentenced to death nearly 15 years ago for the murder of a Dallas police officer is scheduled to be executed Wednesday evening. Michael Graczyk of the Associated Press reports that 52-year-old Donald Newbury is a member of the Texas seven, inmates who escaped from prison in 2000 and held up a sporting goods store and murdered a responding officer. If the execution is carried out as scheduled, Newbury will be the 3rd member of the 'Texas 7' executed.Prop 47: Jail Population Down, Crime…
↧
How to deal with the charge of assault and battery including domestic assault and battery on a family or household member or assault and battery with a dangerous weapon in Massachusetts
Whether you are involved in a bar fight one argument which took turned physical at home with your spouse or partner you may find yourself charged with domestic assault and battery and in the Boston District Court wondering what to do. It is important to understand that if the police respond to a home where there is an allegation that someone was hit or if they see an injury and believe it may have been caused by an assault they are ordered to take action and to make an arrest. Many times the alleged victim pleads with the police to not make an arrest and claim that nothing happened. The police will ignore the alleged victim and will make an arrest if someone has reported to physical assault or the view an injury that appears to be an assault, the police do this to avoid the situation escalating and them responding later to an even more serious situation where someone is injured even worse or killed. The last thing the police want is to leave a scene which may become…
↧
↧
Criminal Defense Lawyer Admits Short Sale Fraud
Mortgage Fraud Blog. Luis J. Rojas, 38, Hendserson, Nevada, a criminal defense attorney, pleaded guilty in federal court to making false statements in connection with a fraudulent short sale of his property in Henderson Nevada. As detailed in the plea agreement, Rojas purchased a single family home in 2006, for $935,430, which he financed by taking out two mortgages from Homecomings Financial Network, a GMAC company (“GMAC”). Rojas then lived in the home until February 2011, when he sent an offer to GMAC, proposing a short sale of the property for $288,000. Under the terms of the offer, Rojas would sell the property to an unrelated buyer; and, after the sale was complete, Rojas would be relieved of his obligation to repay the $935,430 in mortgages. GMAC agreed to the sale, on the condition that Rojas was not affiliated with the buyer. What Rojas failed to disclose to GMAC was that his brother-in-law was acting as a straw buyer, and that Rojas was providing him with…
↧
What Is Considered (PC 242) / Battery In Riverside Or Orange County?
PC 242 is commonly known as Battery in California. To prove that a defendant is guilty of PC 242 the prosecutor must prove two things: (1) That the defendant willfully and unlawfully touched a person in a harmful or offensive manner; AND (2) The defendant did not act in self-defense or someone else. The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing is enough. The touching does not have to cause pain or injury of any kind. The touching can also be done indirectly by causing an object to touch the person. If you or a family member has been arrested for (PC 242) / Battery , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
What’s It Mean To Willfully Commit (PC 242) / Battery In Riverside & Orange County?
Someone commits an act “willfully” under PC 242 when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If You Have Questions Regarding Willfully Committed (PC 242) Battery, Contact Us For An Experienced Battery Lawyer If you or a family member has been arrested for (PC 242) Battery , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
↧
More Pages to Explore .....
