Continuing our theme on social media and forgiveness, we highlight a NY Times Magazine article this week: "How One Stupid Tweet Blew Up Justine Sacco's Life". The highlights in case you missed it as it unfolded:Justine Sacco was 30 years old, a NY'er, and senior director of corporate communications for IAC. Flying on her way to South Africa to meet her family, and clearly punchy from dozens of hours of airports and airplanes, she engaged in a series of dopey tweets like this: "Chilly- cucumber sandwiches- bad teeth- Back In London!" There was another one complaining about the body odor of a German gentleman in first class, and then finally, as she boarded her flight to South Africa and the last leg of her trip, the tweet that changed her life (for the worse) forever: "Going to Africa. Hope I don't get Aids. Just Kidding. I'm White!" By the time she landed, her twitter account was…
ROCK-A-ROBIN
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Transparency, To What End?
The New York Times editorial calls for an end to the secrecy laws that keep police misconduct, even crimes, hidden from view. The deaths of unarmed civilians like Eric Garner in New York City and Michael Brown in Ferguson, Mo., led to demands for greater transparency in the workings of police forces all over the country. The need for more openness is especially pressing in New York, where a uniquely strict disclosure law has shielded from public view the records of individual officers, even those who have committed crimes. In many states, including New York, it can be difficult for the public to even learn the names of officers involved in fatal shootings. This is nothing new to criminal defense lawyers, who have been stymied in their efforts to obtain information about the police officers who take the stand to testify against their clients. Under Section 50-a, an officer’s personnel record cannot be publicly released or cited in court without judicial approval,…
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"Procedural Proportionality"
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PHYSICIANS TARGETED FOR ACCEPTING KICKBACKS
Long gone is the respect and deference given professionals like doctors. In a system racked with fraud and waste, the federal government is scrutinizing everyone involved […]
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Report: Massachusetts DUI Deaths Down Sharply, But Still Too High
Drunken driving deaths in Massachusetts are reportedly down significantly, according to the latest report from the National Highway Traffic Safety Administration. In fact, the rate has dropped so sharply, it's down by almost three times the national average. The NHTSA indicates of the 326 people killed in motor vehicle accidents in Massachusetts in 2013, there were 118 who lost their lives in alcohol-related crashes. That figure represents a 15 percent drop from 2012, which saw alcohol-related traffic deaths dip by 8.5 percent from the year before that. As noted by a state lobbyist for Mothers Against Drunk Driving, while that kind of decline is encouraging and welcome, the deaths of 118 people is "nothing to celebrate."
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HIgh BAC in Michigan (Metro-Detroit)
A few years ago, I wrote an article pointing out that despite the passage of Michigan's then-new High BAC law (Operating While Intoxicated with a BAC of .17 or greater), very few DUI arrests were actually resulting in High BAC charges. That was then; things have changed a lot in the last 3 years, and for reasons we'll explore in this article, the number of DUI arrests that result in High BAC charges has multiplied dramatically. As with so many other things in life, this turns out to be about money. For all the public safety concerns and moral preaching about drunk driving, the stark reality is that DUI cases are the big money makers in the court system. For a while, High BAC cases were decidedly unprofitable for local municipalities. Now that a growing number of cities and townships can cash in, so is the number of High BAC cases popping up in local courts. In this article we'll look at what changed and what this means to you if you're facing one. …
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Death penalty news
Jurist has two pieces: Pennsylvania governor announces death penalty moratorium Mississippi House approves bill to make execution details secret
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Newsflash – USCIS Will Begin Accepting DACA Applications on February 18, 2015
The great state of Georgia is home to many undocumented foreign nationals who have been contributing to our economy, neighborhoods and local communities for several years. Unfortunately, these individuals’ lack of immigration status has largely prevented them from obtaining drivers’ licenses, joining professional organizations, attending college, and enjoying other benefits. The good news is that the President’s executive orders will remove these barriers for a large segment of the undocumented population. President Obama’s planned executive action – which will be implemented beginning this month – will allow many foreign nationals to apply for much-needed immigration relief such as the temporary delay of their deportation proceedings and the ability to apply for work authorization. The two segments of executive action that have received the most media attention are the Deferred Action for Parental Accountability commonly…
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Man Arrested in Daytona Beach for Deadly Hit-and-Run
An arrest has been made in the death of a 27-year-old chef-in-training, who reportedly died instantly after another driver slammed into him at an intersection on Martin Luther King Boulevard. Authorities say a 40-year-old man was arrested on charges of fleeing the scene of an accident involving death, driving with a suspended license and fleeing and eluding police. More charges may be filed as the investigation continues. While such an offense is a second-degree felony, it didn't carry a minimum mandatory penalty until last year. That's when state legislators passed a law aligning base penalties for hit-and-run fatalities with those for DUI manslaughter charges. Now, those convicted of either offense will serve at least four years in prison. The idea was to eliminate whatever incentive drunk drivers may have had to flee the scene of a deadly crash, rather than staying to render aid and provide information, as required by law.
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Should You Watch Judge Judy Before You Go To Court ?
Last week , I had to buy a new cell phone. It took a long time at the store and they had a TV with a couch . So , I sat down for the wait. Judge Judy was on TV. I have to admit I don't watch the TV judge shows. I see enough of judges during the workday. . Most people that I represent in criminal cases have never been to a criminal court. As I was watching Judge Judy , I was thinking that there were some important lessons for people going to court for the first time to consider. Here are a few takeaways you should consider when appearing in court ; Don't make faces or and expressions when the other party or policeman are testifying. Judges hate this display of non verbal communication. Don't shake your head or make any expressions. Don't speak when the judge is speaking. this is a cardinal rule you should follow. The judge will be polite and let you talk ,but when the judge is speaking be quiet and wait your turn. Don't speak when…
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PRO-SE DEFENDANTS AT TRIAL: Everything that Judges (and attorneys) Need to Know (15-03)
Pro Se Defendants: All judges eventually find themselves confronted with a defendant who requests or demands the right to represent himself/herself at trial. This could occur for a number of reasons; perhaps defendant holds strong anti-government beliefs (i.e. Posse Comitatus), defendant fails or refuses to retain private counsel after the court has denied a request for the public defender, or defendant is simply overconfident and believes he/she doesn’t need an attorney. Although defendants have a constitutional right to represent themselves at trial, exercising that right creates a host of constitutional and procedural pitfalls that judges must be prepared to overcome. This update will address the following 6 key topics: ❶ Three General Principles That Always Apply; ❷ Applying the Correct Legal Analysis & Making Two Specific Findings; ❸ Appointment of Standby Counsel – Ten Facts You Need to Know; ❹ Two Additional Ways a Defendant…
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Federal Drug Border Arrests: Guilty Until Proven Innocent
Every week at the San Ysidro-Tijuana border, the busiest border in the world, agents seize many kilos of methamphetamine, cocaine, and heroin that is hidden in cars. The majority of the drivers know of the presence of the contraband. They are usually paid by other individuals a few hundred to a few thousand dollars to attempt to cross hundreds of thousands of dollars of drugs into the United States. There is no way to measure how many drivers are guilty and those, the “blind mules” who are duped into making the crossing. A safe assumption is the vast majority of drivers are guilty. But what about those who aren’t? Federal law and federal agents are harsh on all those who cross drugs into the United States regardless of if the driver has knowledge. First, a driver is relentlessly interrogated usually by a team of two agents who espouse the party line that the only way a person can have drugs in their car is if they made an agreement with someone to…
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Case o' The Week: 3553 and IAC - Ninth limits information permitted for variances
“No limitation* shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.” 18 U.S.C. Section 3661, available here. (* No limitation, except for those carved out by the Courts of Appeal). United States v. Dibe, 2015 WL 542735(9thCir. Feb. 11, 2015), decision available here. Players:Decision by visiting Sixth Senior Circuit Judge Gilman, joined by Judges Graber and Callahan. Facts: Dibe, and co-participants in Nigeria, ran a wire fraud scheme by contacting U.S. victims and telling them they had won a lottery or an inheritance. Id. Dibe represented himself as diplomat “John Brown,” and solicited money from the victims to expedite the lottery winnings or inheritance proceeds. Id. Surprisingly, there was no actual lottery or inheritance; Dibe and his colleagues…
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"Hundreds Protest Fatal Police Shooting in Washington"
From The New York Times: About 500 people gathered at a park to protest the death of Antonio Zambrano-Montes, 35, who was killed Tuesday after three officers chased him through a busy intersection with their guns drawn. As he turned...
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Multiple Felony Charges for NFL Player Arrested For Possession of Marijuana
NFL Player Arrested in for Possession of Marijuana near Jacksonville Starke, Florida is notorious for its speeding traps. Jacksonville and other Florida residents know that it is an area where you slow down and focus carefully on driving to avoid an unwanted ticket. Apparently, Letroy Guion, a Starke native that has since gone on to a professional football career, most recently with the Green Bay Packers, forgot to take this precaution. Guion was pulled over in Starke earlier this week for “failure to maintain a single lane,” essentially a routine traffic stop. After a police officer smelled marijuana, a search of the vehicle was performed. Guion was handcuffed during the search because he allegedly uncooperative and kept “rushing” towards the vehicle. The search revealed 357 grams of marijuana, $190,000 in case, and a 9mm semi-automatic. Guion was arrested on marijuana and gun charges and the cash and his vehicle were seized. ESPN has posted a…
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Arrested Palm Beach Man Lists "Drug Dealer" as Occupation
You'll find many instances in which you'll be asked to list your occupation -- when you fill out an application for a job or for school, when you sign up for insurance, when you create an online profile, etc. As our Palm Beach and Broward County drug crime defense lawyers know, one less common situation in which you'll have to list your occupation is when you're under arrest. A Palm Beach man made headlines this month when he listed "drug dealer" as his occupation on an arrest report compiled after authorities arrested him on suspicion of -- you guessed it -- dealing drugs.
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Accomplice witness rule protects against false convictions
Grits fails to understand the logic behind state Sen. Joan Huffman's bill to eliminate the accomplice-witness rule - which requires corroboration to secure a conviction based on the testimony of an accomplice - in human trafficking cases. Have we not seen enough actual innocence cases in Texas without authorizing convictions based solely on the word of a member of a human trafficking ring? God knows none of those guys might ever have an incentive to lie in exchange for immunity.
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Would a public option have eliminated incentive for King v. Burwell?
There is no public option in the Affordable Care Act. On its own merits, as Wendell Potter explains, that's a shame. But there is another reason why no public option in ACA is a bad thing - if ACA included a public option, the challenge to tax... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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I am Wrongfully Accused of Assault with a Deadly Weapon in Riverside. How Can an Attorney Help Me Get My Charges Dismissed? (PC 245)
If you are wrongfully accused of assault with a deadly weapon in Riverside under Penal Code section 245(a), you’re probably wondering how to make these charges go away. The first thing you need to do is speak with an experienced criminal defense attorney right away. Understanding Assault with a Deadly Weapon Charges (PC 245) Assault with a deadly weapon is a “wobbler” offense, meaning the prosecutor can charge it as a felony or misdemeanor. Under Penal Code section 245(a), the punishment for a felony conviction can be a state prison sentence of up to four years and a fine up to $10,000. A felony conviction can also be a “strike” under California Three Strikes Law. A misdemeanor conviction can carry the same fine and a one year county jail term. If there was a gun involved, then the misdemeanor conviction has a minimum six months in jail. To convict you of assault with a deadly weapon, the prosecutor has to prove the basic elements of assault and…
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Compact for America Solution to Article V Convention Issues According to the Founders, Part II
This the second in a series of articles that examine the Founders’ opinions on how the Article V Convention process should have clear focus. The US Constitution’s Article V provides two methods for proposing constitutional amendments. The Compact for America is an initiative to employ the method that has not been used: a convention of […]
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