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One Billion Women and Girls Deserve Better

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One Billion Rising event in New Delhi on February 14, 2014. The One Billion Rising campaign is a global call for an end to violence against women and girls and that survivors should receive justice. PRAKASH SINGH/AFP/Getty Images By: Cindy Ko, Ending Violence Against Women Fellow; DC Legislative Coordinator This Valentine’s Day, show your love for humanity and demand change for women and girls: join Amnesty International and V-Day, a global movement dedicated to ending gender-based violence, for the annual One Billion Rising Revolution campaign to end violence against women and girls. In a world populated with over 7 billion people, one in three women will be physically, sexually, or otherwise abused during her lifetime: that’s a staggering one billion women and girls who have experienced violence. Through a combination of arts and activism, we seek to rise, release, and dance in solidarity to show our local communities and the world what one billion looks like and…

Amid Opposition, Massachusetts to Revise Rule for Criminal Pleas

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The Massachusetts Supreme Judicial Court (“SJC”) has issued extensive revisions to the rule governing criminal pleas, which will take effect on May 11, 2015.  As I explain below, while the changes address a narrow issue, they impact criminal defendants because they further constrain what little judicial discretion is left in sentencing and reinforce the false premise that the prosecution and the criminal defendant enter into a plea bargain on equal terms. Rule 12 of the Massachusetts Rules of Criminal Procedure governs judicial procedure for accepting a guilty plea and sentencing a defendant who has pleaded guilty.  A criminal defendant may plead guilty to a charged offense with or without a plea agreement with the prosecution.  However, when a criminal defendant decides to “plead out” or “take a deal,” that typically refers to the defendant agreeing to plead guilty in exchange for the prosecutor reducing the charge or…

Florida Lawyer Creates Controversy Surrounding DUI Checkpoints

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A Florida attorney based out of Boca Raton is making headlines this week after making videos and passing out flyers encouraging drivers not to roll down their windows for DUI checkpoints. Attorney Warren Redlich has been advising people to display their license , registration and insurance information through the rolled up window as a form of protest to checkpoints, which Redlich believes to be unconstitutional. While policemen including Sheriff David Shoar have disagreed with that assesment citing a 1990 U.S. Supreme Court case, Redlich methods have thus far been successful in gaining national attention. The post Florida Lawyer Creates Controversy Surrounding DUI Checkpoints appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.

In many cases, the “when” in a criminal case is still up to the Prosecutor

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   A criminal defense attorney was recently admonished by a District Court judge for seeking to have a motion heard. “The District Attorney controls the docket,” the judge told the attorney, meaning that if the attorney wanted to have her motion heard, she would have to get the District Attorney to call the case. Until about twenty years ago, prosecutors in North Carolina had the authority to set the criminal court calendar. Then, in the wake of a lawsuit brought against then-Durham County prosecutor James Hardin, Jr., Simeon v. Hardin, 451 S.E.2d 858 (N.C. 1994), the State legislature removed some prosecutorial authority in setting criminal calendars. In the Simeon case, the complainants alleged that the district attorney held them in jail in an effort to coerce guilty pleas, listed cases on the court calendar even though…

Spotsylvania Juvenile Reckless Driving Defense

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If your son or daughter received a reckless driving ticket in Spotsylvania County, Virginia and they’re under 18 years old, you’re in the right place to learn what to do. Reckless driving tickets in Virginia can be issued for a wide variety of offenses ranging from pure speed to accidents to cases where the person is accused of simply stealing their tires.  There are many different version of reckless driving in Virginia. If your son or daughter is facing a reckless driving charge in the Spotsylvania Juvenile Domestic Relations Court, you should know that it’s a tough court to be in.  The judge is kind of a no-nonsense judge, and, depending on the situation, it may be very difficult to avoid a conviction of reckless driving in the Juvenile Domestic Relations Court. The normal judge in Spotsylvania Juvenile Domestic Relations Court is Judge Fines.  For reckless driving by speed cases, it’s difficult to get the charge reduced in his…

The Significance of Naming a Hate Crime

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The murder of three young, gifted students in Chapel Hill Tuesday evening has generated a local, national, and international outpouring of grief and outrage. Deah Barakat, 23, his wife, Yusor Abu-Salha, 21, and her sister, Razan Abu-Salha, 19, were shot dead in the Finley Forest condominium where newlyweds Deah and Yusor lived. A neighbor, Craig […]

Medical Marijuana: Minnesota Government Stalls Inclusion of Intractable Pain

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According to a recent Associated Press article No quick decision on medical marijuana for pain Minnesota Governor Mark Dayton’s Commissioner of Health has decided to postpone adding Intractable Pain to Minnesota’s new,  legal medical marijuana program.  Apparently, Dayton administration officials are setting expectations at the delay being potentially for years.  The reason they cite is their fear that they may not be ready for an increased volume of demand should intractable pain be included in the list of medical problems that qualify for medical marijuana in the Minnesota program.  Marijuana has proven an effective treatment for intractable pain — and better than more commonly used narcotic medications.  Marijuana provides pain relief and relief from pain-related disability.  And it does not kill people or have the other side effects that toxic opioid pain medications have. With 23 states now having legal medical…

Going for Brokerage: SEC Report Highlights Best (and Worst) Practices in Cybersecurity Preparedness

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On February 3, 2015, the U.S. Securities and Exchange Commission released a Risk Alert addressing cybersecurity issues at brokerage and advisory firms, along with suggestions to investors on ways they can protect themselves and their online accounts.  FINRA issued a similar, more extensive “Report on Cybersecurity Practices” on the same day. The National Exam Program Risk Alert, “Cybersecurity Examination Sweep Summary” summarizes cybersecurity practices and policies of 57 registered broker-dealers, and 49 registered investment advisers based on examinations conducted by the SEC’s Office of Compliance Inspections and Examinations (“OCIE”).  These findings should be reviewed by CISOs and CIOs who have responsibility for cybersecurity protection because they highlight best practices and areas ripe for improvement.  It is reasonable to assume that both the SEC and FINRA will expect firms to review the findings and tailor…

How Does Your Firm Compare? Results from the SEC’s Cybersecurity Examinations

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On Feb. 3, 2015, the Securities and Exchange Commission (SEC) published a Risk Alert summarizing observations gleaned from a cybersecurity examination sweep of 57 registered broker-dealers (BDs) and 49 registered investment advisers (IAs). The examination sweep followed an April 2014 announcement that the SEC’s Office of Compliance Inspections and Examinations (OCIE) 2014 Examination Priorities included a focus on technology, with a cybersecurity initiative (Cybersecurity Initiative) to identify areas where the SEC and the securities industry can work together to protect investors and capital markets from cyber threats. The Cybersecurity Initiative was designed to assess cybersecurity preparedness in the industry and obtain information about the industry’s recent experiences with certain types of cyber threats. In the examinations, OCIE collected and analyzed information from the selected BDs and IAs to assess their ability to generally identify, protect, detect,…

Does sensible marijuana legalization require allowing on-site consumption?

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The question in the title of this post is prompted by this notable new commentary by Professor David Ball appearing in USA Today. Here are excerpts: In Colorado and Alaska, when the states legalized recreational marijuana use, voters were sold on the idea that we weren't simply legalizing the drug;...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/ivgCvqR73qE" height="1" width="1" alt=""/>

News Scan

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Murder Suspect Recently Released Under Realignment: A California man with a lengthy criminal history has been named as the primary suspect in the murder of a young mother of two, and police say he was able to commit that crime because he was released from prison early under Governor Brown's Realignment law.  Fox 40 News reports that 38-year-old Moses Valdez, a known gang member and career criminal, was sentenced to 25 years in prison for a third strike offense but was released early under Realignment after his crime was deemed 'non-violent.' Police are actively searching for Valdez who has been on the run since November.Bill Would Abolish Some Mandatory Sentences: Several senators want to introduce a bill to eliminate mandatory minimum sentences for certain "non-violent drug offenders."  Julia Edwards of Reuters reports that the bill would give federal judges leeway when sentencing so-called low-level drug offenders, allowing the federal…

What is Criminal Nonsupport?

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How Violating a Child Support Order Because Criminal Nonsupport Criminal nonsupport is a crime brought against individuals who do not comply with their duty to provide for their children.Every parent has the moral (and legal) obligation to provide for the support and maintenance of their children. In every divorce involving children the court is primarily concerned with ensuring that orders are put in place that provide for the children of that marriage. Such orders usually specifically address child support payments, health insurance, education, child care, extracurricular activities, etc. When such an order is violated with respect to child support there are civil remedies such as court penalties and fines, but sometimes a violation can rise to the level of a criminal offense, known as “criminal nonsupport.” Criminal nonsupport is a family law crime. It results when a person “having a spouse, a child, or children under the age of 18 years”…

Illegal Evidence Inadmissible in Court…but OK for License Suspension Hearing?

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I’ve posted often in the past about "The DUI Exception to the Constitution" and how constitutional rights in drunk driving cases have been steadily eroded over recent years.  See, for example, The DUI Exception to the Constitution and Who Cares About DUI Suspects?.   One of the most extreme examples of this is the near absence of due process and constitutional rights in administrative license suspension hearings.  See DUI DMV Hearing: Where’s the Due Process?.      To take one example, let’s take a  look at California’s system of "due process" in a DUI license suspension proceeding.  To begin with, the hearing is not presided over by a judge or even an "administrative law judge" — or even a lawyer.  Rather, it is presided over by a "hearing officer" who has no legal training, and possibly not even a college degree — and yet he will be making decisions on…

Innocence Network Submits Recommendations for President’s Police Task Force

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In December, President Obama established the Task Force on 21st Century Policing to strengthen public trust in police and foster strong relationships between law enforcement and the communities they protect. Currently the Task Force is accepting recommendations and comments from the public. The Innocence Network has submitted a letter which it hopes will draw the Task Force's attention to the importance of administering training and education for law enforcement personnel in the cognitive sciences and, in particular, the cognitive processes that affect decision-making as it relates to criminal investigations. The letter recommends that the Task Force address the human factors that frequently lead to wrongful arrests and convictions, such as bias and lack of police training in best practices of identification and interrogation procedures. Four specific recommendations are made for police protocols. Adopting these recommendations would hopefully lead to policing that…

2015.39: Texas House Member Chris Turner is an Ignorant Buffoon

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Texas Penal Code Section 36.06: OBSTRUCTION OR RETALIATION. (a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or .  .  .  . (c) An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim’s service or status as a juror, in which event the offense is a felony of the second degree. Texas Penal Code Section 1.07(25): “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. Harm may includes reputational harm or embarrassment. So it’s a felony to…

Family Law Firm Tells It Like It Is

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I don’t know about you, but I like people, companies, organizations etc. that tell you what they are really all about and where they are at. For most of the public, law firms are not particularly transparent entities. They deal in complicated subject matters and use complex language to describe what they do, if they ever explain it at all. Not so, however, with respect to the Columbia, South Carolina law firm of Pincus Family Law. Their firm website tells you exactly what they will do and what they won’t. Their critics say their to-the-point abruptness can’t be good for business. Consider the following excerpts from their website. Under the heading “Client Expectations” the following paraphrased rules are set out: 1. They do not work weekends and they will not provide clients with a weekend emergency number; 2. They will not routinely respond to email from clients on a weekend, however, if they do on occasion respond, this is the exception and not…

Bringing drugs into the jail (Penal Code 4573)

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Simple possession + being arrested = Felony drug charges?!?   After the passage of Proposition 47 in November, 2014, simple possession of drugs for personal use is now a misdemeanor charge. But there’s a way for those drugs for personal use can still be charged against you as a felony.  Penal Code section 4573, smuggling drugs or alcohol into a jail, is a felony drug charge that was not affected by Proposition 47.  It’s a felony that cannot be reduced to a misdemeanor ever. Here’s the scenario:  You get arrested for any reason.  The officers do a pat-down search just to make sure you don’t have any weapons.  No weapons?  You’re transported to jail. At the jail are the large signs warning a person that they are now entering a custody facility and that bringing drugs in is a felony charge.  Either you don’t see the signs or you decide to exercise your Fifth Amendment right to remain silent and say…

Prop 47 Reducing Inmates, Increasing Time Served

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Since it passed in November, Proposition 47 has changed a lot more than just the sentences for some low-level, non-violent offenders. It also has changed how law enforcement officers view some crimes and how long some criminal offenders stay in prison, according to a recent report by the LA Times. Prop 47 reduces some crimes from felonies and wobblers to misdemeanors, which significantly reduces the maximum penalties for these crimes. Prop 47 has already decreased prison and jail populations across the state. Prop 47 Reduces Some Felony Crimes to Misdemeanor Offenses While the resentencing of felony and wobbler crimes to misdemeanor offenses has significantly reduced the number of offenders behind bars, the law has also reduced the number of people being arrested for narcotics, possession, and simple theft crimes. According to the LA Times, drug-related arrests by the LA County Sheriff’s Office have decreased by 30% since Prop 47 passed, and bookings have gone down about…

The Death Penalty, Proportionality, and Second Best

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In the sixth comment to a prior thread, Doug Berman, raises a number of important points I've seen frequently in the national death penalty debate.  They have sufficient gravity that I want to address them in a separate entry.Doug's principal question is about the meaning of "proportionality" and the implications of that term in the law of punishment.I had asked Doug if he thinks a jail sentence of any length fits the mind-bending crime of killing a hostage by burning him to death. Doug says that he does not.  He adds, however:I also do not think a lethal injection would "fit" this grotesque crime, either. The only concept of "fit" that ever really made sense to me was the classic biblical admonition: "You must show no pity for the guilty! Your rule should be life for life, eye for eye...." With that concept of fit in mind, I think the only fitting punishment here would be seemingly be execution by burning at the…

A Challenge To Clinton on Foreign Policy

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For all the noise about challenging Hillary Clinton as a "corporatist Wall Street lover" (no, I don't agree with that assessment, but we can have that discussion another time), in the context of the 2016 Dem nomination process, I am hoping for more... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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