Illegals Riot In Texas Prison: Nearly 3,000 inmates at a federal prison in southern Texas will be relocated to new facilities after a riot over the weekend resulted in significant damage. Newsmax reports that inmates at the private prison, which primarily houses illegal immigrants, broke out of their cells and set fire to several areas and tore down tents that had been set up for additional housing. So far, 300 inmates have been relocated and hundreds more are scheduled to be moved throughout the week. OH Delays Execution Of Cop Killer: The Ohio Supreme Court has granted a routine stay of execution for a man convicted of murdering a police officer in 2008. Marc Kovac of The Daily Record reports that Ashford Thompson was sentenced to death in 2010 after being found guilty of shooting a police officer multiple times in the head during a routine traffic stop. Thompson's lawyers appealed his sentence with claims that legal and procedural errors…
News Scan
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Attractive Mug Shots – When Good Looks Cause Trouble After DUI Arrests
Nobody likes the way they look in a Los Angeles DUI mug shot – the lighting is awful, and the drab cement background isn’t flattering. You also have to deal with your picture creating negative connotations. It is understandable why you wouldn’t want your mug shot to be easily found by anyone, let alone prospective employers or dates. But what if you’re so good looking that your mug shot photo attracts too much attention? That’s exactly what 28-year-old Meagan Simmons is dealing with right now. Police arrested Simmons for a DUI in 2010. Her especially attractive mug shot quickly became an internet sensation and spawned multiple “attractive convict” memes. Background check website InstantCheckmate.com picked up on the trend and used her mug shot photo in several advertisements for its service. Simmons is currently undergoing a litigation process with the website. She claims that InstantCheckmate.com used her picture for advertising…
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Research Suggests an Intriguing Reason for Why People Do Stupid Things While DUI in Los Angeles and Elsewhere
One of our recent blog posts covered some strange Los Angeles DUI stories, and today’s tale isn’t any less bizarre. On February 17th, an Australian man presented at a local hospital with a deep chainsaw wound that he had allegedly caused himself. After accidentally cutting his hand with a chainsaw, Timothy Woodrow stitched the wound at home and doused it in gin before taking a few swigs for the pain. He attempted to drive himself to the hospital while intoxicated. Police pulled him over for neglecting to stop at a stop sign. When they tested Woodrow’s BAC, they found he was significantly over the legal limit and arrested him. Alcohol and Judgment What makes strange errors of judgment so frequent with DUI cases? New research into alcohol’s effect on the brain indicates that the same reaction that causes impaired judgment is also responsible for slowing the brain’s “alarm signal” response. This response alerts other parts of the brain…
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Can I Trick a Breathalyzer?
One of the more common questions I get regarding breathalyzers is “Can I do anything to trick the breathalyzer?” Although it is true that breathalyzers are, by themselves, inaccurate, many people are mistake when they believe that they can trick a breathalyzer into producing a lower reading. In fact, many of the “tricks” that people believe will lower the breathalyzer will have no effect on the reading or may actually increase the reading. Here are some of the more common methods used by people in trying trick the breathalyzer and their effects on the breath results. Burping into the Breathalyzer: This trick is based on the mistaken belief that gas from the stomach contains less alcohol in it than air from the lungs. However, according to a 1992 study from the University of Wisconsin, belching into the breathalyzer had no effect on the blood alcohol content reading. Use Breath Spray or Mouthwash: Both breath sprays and mouthwashes contain alcohol.…
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Spotlighting the diverse nature (and job-growth impact) of modern marijuana entrepreneurs
One of many reasons I find the emerging marijuana industry so interesting is due to the diverse and unpredictable nature and background of those interested in marijuana businesses. This reality is well covered today in this notable local New York story headlined "From Wall Street to moms, business of marijuana...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/DC-8SPpy-u4" height="1" width="1" alt=""/>
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Grand Larceny in the Fourth Degree – NY Penal Law 155.30(5)
When a Simple Petit Larceny or Petty Theft Becomes a Felony Grand Larceny in New York: The laws governing larceny will usually contain sentencing options, either a list of possible sentences or a range of years, as well as fines or other alternative sentences. Judges can determine the appropriate sentence by examining the facts of the case and choosing the best penalty that falls within the bounds of the statute. In a larceny case, the type of larceny will also greatly influence the severity of the sentence. Grand larcenies carry much longer sentences than do petit (or "petty") larcenies. Some states also impose different sentences based on the type of item that the defendant stole. In New York, a misdemeanor theft or larceny can easily be enhanced to a felony in certain circumstances. In fact, pursuant to New York Penal Law Section 155.30(5), Grand Larceny in the Fourth Degree, it is a felony punishable by up to four years in state prison if you perpetrate the…
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Driving under the Influence: Applies to More than Just Alcohol
Driving under the influence of any controlled substance, drug, or alcohol is a crime in the state of Illinois. Drugged driving has become more of a concern in recent years as some states have begun the process of legalizing marijuana or issuing medical marijuana licenses. It is not unlawful to merely have these substances in your system, presuming that you are lawfully entitled to possess them. However, at a certain threshold, the substances may begin affecting your reaction speeds, and thus your ability to drive and perform other tasks that may affect the safety of others. It is that point that you begin crossing over from a lawful activity into something that may put a misdemeanor or felony on your record if you injure someone while driving under the influence of such substances. Drugged Driving: Intentional or Otherwise Another serious misconception is that you cannot be “under the influence” of prescription drugs that you have been lawfully prescribed by a…
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ASTOUNDING COURT NEWS
There was a Florida Supreme Court workshop on Courts today in Miami. Judge Soto was there. So were a host of other judges. The public participated, mostly asking questions about how and why they got screwed in their particular case, which of course the judges couldn't answer. Here is the startling news to come out of the workshop: (steady now) The court system is out of money, it works inefficiently, and the technology is thirty years old. Yup, that is a big blow for most of you to read, but the truth will out no matter how difficult to hear. ELECTRONIC FILING. Electronic filing is the glaring example of Florida court system incompetence that we cannot figure out. Roughly a decade ago the federal court system went to electronic filing. There are also electronic dockets. Anyone with access to the CM/ECF system can access any case and see any document (that hasn't been sealed) that has been filed. The government…
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What might be the modern public health story if marijuana had been kept legal and tobacco cigarettes widely banned?
Students in my marijuana seminar know that I think there is much to think about and learn from the history of (alcohol) Prohibition in the United States and the history of marijuana prohibition. But I have now learned from this fascinating new Jacob Sullum piece that there was an interesting...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/_Gc__u7JnQM" height="1" width="1" alt=""/>
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Death Penalty Repeal Fails in Montana
Mike Dennison reports in the Montana Standard:The state House deadlocked Monday 50-50 on a bill to abolish the death penalty in Montana, likely killing the measure for the 2015 Legislature.* * *Monday's vote fell largely along party lines, with most Republicans against it - but it took three of the House's 41 Democrats voting "no" to reject the bill, which would abolish the death penalty in Montana and …
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Threat of Terrorism Charge for Man Threatening Provo PD
Between Tuesday, Feb. 17 and Friday, Feb. 20, three men and one woman were arrested after allegedly making threats against the Provo Police Department. One of the men was charged with a threat of terrorism. Don’t Write it if You Don’t Mean it. Or Maybe Just Don’t Write it. According to KSL News, the incident […] The post Threat of Terrorism Charge for Man Threatening Provo PD appeared first on Salt Lake Criminal Defense.
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Arizona Court of Appeals: Officer had Reasonable Suspicion to Detain based on Totality of Circumstances: Part I of II: Case Study
“Suspect’s 40 minute detention, while awaiting drug K-9 unit was not unreasonable”. In a case decided earlier this month, an Arizona Appeals Court ruled that an officer had enough “reasonable suspicion” to detain a suspect 40 minutes while awaiting the drug K-9 unit. The court considered the “Totality of Circumstances” or “the whole picture”, to conclude that the detention was not unreasonable. Case Facts The suspect was pulled over, after the police officer observed the driver swerving and traveling at varied rates of speed. The officer approached the vehicle, and requested the driver’s license, and registration. The driver complied as well as providing the rental car agreement. The officer asked the driver where he was going, at which point the driver provided several answers. The officer reported that the answers were inconsistent, “confusing” and “perplexing”. The officer…
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FELONY LARCENY CHARGES ARE DISMISSED DUE TO COMMONWEALTH'S GRAND JURY ERROR
Grand juries meet in private… Except for the prosecution of course. No judge, no defense attorney and no defendant. I would imagine you could almost quote by heart at this point the saying that "a prosecutor could indict a ham sandwich". Different jurisdictions have different procedures which take place after there is an indictment to be sure that there was a legal basis for the indictment. In Massachusetts, grand jury minutes are given to defense counsel as early as possible so that the minutes can be reviewed. This is actually different from some other jurisdictions where the grand jury minutes are only given to the defense just before trial. Incidentally, it is the prosecutor who tells the grand jury the law for the grand jury is to consider when considering an indictment. The minutes of that instruction, called "the charge", are not routinely given to the defense. In any event, an experienced criminal defense attorney knows how important the…
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Best Decision to Make if arrested for a DUI in Phoenix, Arizona - Hire a Lawyer
If you are arrested for a DUI in Phoenix, Arizona you need immediate representation. Your best option at this point is to hire somone. However, what should you look for in a lawyer's qualifications? The best qualifications you can look for when it comes to picking the right lawyer are: Is the best Phoenix DUI lawyer for you listed in the National Advocacy for DUI Defense as one of the Top DUI Defense Lawyers in Arizona for 2014? Aaron Black is. Is the best Phoenix DUI lawyer for you listed in the 2012 and 2013 Southwest Super Lawyer Magazine as a Rising Star in Criminal: DUI Defense?Aaron Black isI Super Lawyer Rising Stars are nominated by their peers, and consist of no more than the top 2.5% of lawyers in their field of law under the age of 40 in Arizona and New Mexico. is the best Phoenix DUI lawyer for you listed in the 2014 and 2015 Southwest Super Lawyer Magazine? Aaron Black is a Super Lawyer in…
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Bali Ticket Sales Decline from #BoycottBali Campaign
The social media campaign to boycott Bali as a result of its execution of non-violent drug traffickers is picking up steam. Ticket sales are down. Within days, Myuran Sukumaran and Andrew Chan of the Bali Nine and 9 other drug traffickers will... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Town pushes back against sex offender residency ruling
2-22-2015 Wisconsin: Who should determine where a sex offender can live in our community? Your town or the state? This is a real issue for our community after a court ruling said it is illegal for towns to pass residency rules against sex offenders. The state court ruling has stopped the Town of Penfield from passing a ban on sex offenders living near schools, day cares and town parks. Now
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Your Right to Remain Silent
Under the law, the Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody or in a custodial interrogation before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. Miranda Rights were created in 1966 as a result of the United States Supreme Court case of Miranda v. Arizona. The Miranda warning is intended to protect the suspect’s Fifth Amendment right to refuse to answer self-incriminating questions. It is important to note that Miranda rights do not go into effect until after an arrest…
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News Scan
Evaluating Inmates: States across the U.S. have been using surveys and other evidence-based instruments to predict a prison inmate's risk of committing serious crimes if released. These tools are a key element of the "smart sentencing" movement which insists that most criminals should be rehabilitated in community-based programs rather than incarcerated in expensive prisons. In an in-depth Associated Press report Eileen Sullivan and Ronnie Greene found many problems with the accuracy of these tools often resulting in tragedy. One violent sex offender rated low risk and released from a Texas prison in 2013, moved to Indiana and murdered a 19 -year-old girl a year later. When arrested he led police to the bodies of six other women. Hell of a way to save money. AK Allows Recreational Marijuana Use: Starting today, residents of Alaska can smoke, grow, and own small amounts of marijuana after voters narrowly passed the measure last November. …
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Enhanced Failure To Yield Law Unnecessarily Bus Drivers According To Transportation Union
One of New York City Mayor Bill de Blasio’s programs since he took office last year is “Vision Zero”, which is designed to reduce traffic and pedestrian fatalities and serious injuries in New York City. The Vision Zero program has already resulted in a reduction of the standard speed limit in the city from 30 miles per hour to 25 miles per hour, the installation of additional red light cameras and traffic reconfiguration at dangerous intersections. Another element of the program which is encountering some strong resistance, particularly from transportation unions, is a regulation designed to increase the penalties for drivers who fail to yield to pedestrians crossing the street, resulting in fatalities or serious injuries. This aspect of Vision Zero has come to the forefront recently after a tragic accident on February 13, 2015. A fifteen year old girl walking to school was crossing Grand Street with a walk signal when she was struck by an…
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Local Lawyer for a DUI Arrest in Oakwood, Georgia?
Breakfield & Associates, Attorneys is located just miles from Oakwood Municipal Court. If you would like a local lawyer to help you with your DUI charge or Traffic Violation, please call us at 770-783-5296. Home Games versus Away Games In our own life experiences, outside of the legal arena, we know that the Home Team generally performs better than the Away Team. The Away Team is, generally, not as comfortable as the Home Team. As a result, the Away Team may not perform as well. The Away Team has to deal with the hassle of travel, getting lost, and not knowing the best routes. The Away Team is out of their comfort zone, and sometimes this can show! On the other hand, the Home Team has been there before. They know the trouble spots in the turf that need to be avoided. They know what weather to expect. Generally, a Home Team performs better because they are more familiar and more comfortable with their surroundings. Local to…
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