Kathleen Hunter reports for Bloomberg that "Senate Majority Leader Mitch McConnell said the the chamber would consider Loretta Lynch's nomination to be attorney general next week..."
AG Vote Next Week
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Florida Going Backwards on the Single-Juror Veto?
Many states have a requirement that the penalty phase jury must be unanimous. In some, including California and Arizona, that means that if the jury cannot reach unanimous agreement, at least on the first attempt, a mistrial is declared and a new jury is formed. In others, deadlock means the defendant gets a life sentence, even if that means the view of one juror has prevailed over the views of the other eleven.I have noted many times on this blog that I think the "single juror veto" system is nuts, and states that have it should get rid of it. Yet legislation being considered in Florida would actually go the opposite direction, adopting this system in a state that does not presently have it.It is all well and good for the Florida Legislature to tweak that state's system to eliminate any doubt that it complies with the Supreme Court's 2002 decision in Ring v. Arizona, an issue the high court has taken up in Hurst v. Florida. See this…
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What Is Commercial Sexual Exploitation Of A Minor (O.R.C. 2907.19) In Cleveland
Commercial Sexual Exploitation of a Minor (O.R.C. 2907.19) in Cleveland is a Third Degree Felony, carrying a maximum sentence of five years in prison. The charge alleges that you purchased or otherwise obtained space for an advertisement that explicitly or implicitly offered sexual activity, and which depicted a minor. The commercial sexual exploitation charge applies equally to print and electronic media. This is a very serious charge, and is unlikely to be filed as a standalone. There are defenses, but if you’ve been charged with crimes related to prostitution, child exploitation, child pornography, or Commercial Sexual Exploitation of a Minor, you need the kind of legal help that only Patituce & Associates can provide in Cleveland. We are experienced commercial sexual exploitation attorneys who spent years working as prosecutors, so we know how the case against you will be constructed, which evidence will matter most to a jury, and how to attack the…
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New York Attorney Defending Petit Larceny Charge – Shoplifting Charges – Penal Law Section 155.25
Many people are charged every year with shoplifting or petit larceny in New York. The New York penal law section for petit larceny is section 155.25. This charge is a class “A” misdemeanor and if convicted will give you or add to your criminal record. There are many defenses to this charge and anyone that is charged with petit larceny should contact our office to discuss the case to determine the best course of action. Please call 917 744 6593. Many people charged with shoplifting or petit larceny are given a desk appearance ticket to appear either in a New York Criminal Court or in Community Court. Being charged with petit larceny or shoplifting can be a very emotional event. Contact our office and we will be happy to discuss the matter fully with you.
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What Is Public Indecency (O.R.C. 2907.09) In Cleveland?
Public Indecency (O.R.C. 2907.09) in Cleveland is the act of exposing your private parts in public; masturbating, or engaging in sexual conduct in public; or engaging in conduct that appears to be sexual conduct or masturbation in public. Public Indecency is graded based on a series of factors, and may be charged as anything from a Fourth Degree Misdemeanor (30 days in jail) to a Fifth Degree Felony (6 – 12 months in jail). Intent matters in charges of Public Indecency, as does the type of person likely to view the acts on display. A person who “recklessly” engages in conduct that violates the statute won’t face the same penalties that a person who “knowingly” engages in apparently sexual conduct in view of a schoolyard during recess would face, for instance. There are other complications as well, such as a tendency on the part of law enforcement to treat certain minor offenses, like public urination, as acts of Public Indecency. Whatever…
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Understand the Factors Impacting Your BAC
New Driving While Intoxicated (DWI / DUI) Blood / Breath Alcohol Content (BAC) Calculator: Understand the Factors Impacting Your BAC Before You Need a Criminal Lawyer There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law. If you submitted to a chemical test of your blood (the most common method being a breath test) and "scored" .08 BAC or more, your license shall be suspended at arraignment. This is called a Suspension pending Prosecution (NY VTL §1193[2](e)(7)). If you had a valid driver's license prior to the suspension pending prosecution and did not have a prior conviction for Driving While Intoxicated or Impaired, or complete the Drinking Driver Program within the proceeding…
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Florida Man Acquitted of Marijuana Drug Charges Using Medical Defense
In a historic case, a Florida jury acquitted a man of felony marijuana manufacturing charges after he defended himself by arguing the drug was strictly for medical purposes to treat his long-time anorexia. Defendant had been facing a maximum five years in prison on the charges after authorities discovered nearly 50 marijuana plants on his property two years ago. He told police then - and has maintained ever since - he is not a drug dealer. He never denied growing the plants on his property, but insisted they were for personal use to treat his documented medical condition, which causes appetite suppression and frequent bouts of debilitating nausea. The marijuana, his lawyer argued, stimulates his appetite and helps keep the nausea in check. Per Florida Statute 893.13, manufacture of marijuana is a third-degree felony.
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What Is Voyeurism (O.R.C. 2907.08) In Cleveland?
Voyeurism (O.R.C. 2907.08) is the crime of trespassing or secretly invading another person’s privacy in order to spy or listen for your own sexual arousal or gratification. While the charge is generally graded as a misdemeanor offense in Cleveland, in instances where minors are videotaped or otherwise recorded for sexual arousal or gratification, the charge rises to the felony level. Voyeurism is also a Tier I Sex Offense under Ohio law, even if you’re convicted of a misdemeanor Voyeurism offense. That means you’ll be forced to register as a sex offender with your local sheriff’s office for the next fifteen years, face significant restrictions on where you’ll be able to live, and have to deal with a stringent notification process if you’re going to stay anywhere other than your home for more than 72 hours. Besides the potential criminal penalties, including jail time, that you’ll face if convicted of Voyeurism in Cleveland, even the…
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AND THEN A HERO COMES ALONG...
This was the email sent last week by PD Kevin Hellman:Huge congratulations to APD Sara Yousuf and former APD Amy Weber for getting Judge Miguel DeLaO to grant their postconviction Motion to Vacate Judgment and Sentence yesterday winning a new trial for their client who had been convicted in 2013 of 2nd Degree Murder, Attempted 1st Degree Murder and Possession of a Firearm During Commission of a Felony.This was an incredible victory that is a testament to the perseverance, commitment, legal skill and creativity of Amy Weber and Sara Yousuf. They put in months of work preparing this motion, tracking down witnesses, conducting the hearing and making outstanding argument to get a wrongfully convicted man freed. They interviewed witnesses and pulled jail calls and phone records, among myriad other work, to essentially prove that someone else committed the crimes charged. To his credit, Judge DeLaO heard all testimony and recordings with great patience and…
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More Stringent Domestic Violence Laws Proposed In Senate Bills
Two bills planned to be introduced to the Florida State Senate would close loopholes in Florida law allowing domestic violence perpetrators harass their victims. State Sen. David Simmons, R-Altamonte Springs, is planning to sponsor both bills in the upcoming legislative session. One bill, Senate Bill 342, would prevent those arrested for domestic violence from harassing their victims from jail. The other, Senate Bill 1286, would criminalize the act of tampering with electronic monitoring devices issued to abusers in civil cases. Senate Bill 342 One bill, SB 342, would address the period during which a judge’s no contact order, which is a condition of pretrial release, is effective. The bill would make a no contact order effective immediately, rather than waiting until the perpetrator posts bond and is released from jail. The order would be effective for the duration of the pretrial release, or until modified by the court. Current law says that, as a condition of…
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Riley on Selma and Ferguson
Jason Riley has this article in the WSJ, titled Drawing the Wrong Lessons From Selma About America Today: Ferguson, Mo., in 2015 is not Alabama in 1965. But liberals have reasons to pretend otherwise.
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Dellwood Ticket Amnesty Program
Dellwood Municipal Court to Dismiss 1000’s of traffic charges on 3/20/15 – Find out if they are Dismissing YOUR case? Dellwood Mayor Reggie Jones orders the Dellwood Municipal Court to Dismiss all traffic cases that were pending PRIOR TO April 11, 2012. The pardons will become effective and the cases will be Dismissed on March 20, 2015. Additionally all Failure to Appear charges and outstanding Warrants associated with those pre- April 11, 2012 cases will also be Dismissed and Recalled. April 11, 2012 is the date that the Dellwood Police Department was dissolved and St Louis County Police Department took over patrolling in Dellwood. The Mayor was reported in the St Louis Post Dispatch as saying that these cases were problematic to prosecute since the police department is now defunct. In 2012 the Dellwood Police Department had come under fire publicly in an audit performed by St Louis County Police. It wasn’t long after that time that the…
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Tsarnaev: FBI Agent Clueless on Tweets
In the Dzhokhar Tsarnaev trial today, defense attorney Miriam Conrad reportedly shredded the testimony of FBI agent David Kimball about tweeting during cross-examination. Yesterday, Kimball testifed to a second twitter account Dzhokhar had called... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Off for a Few Days
I will be posting few if any entries or responses for the next three days or so, as my wife and I pack up our winter home, take a long flight to the mainland, and prepare to re-open our home in the DC suburbs. With Kent in charge, as ever, I think the blog will do just fine.
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Mateescu et al. on Police Body-Worn Cameras
Alexandra Claudia Mateescu , Alex Rosenblat and danah boyd (Data & Society Research Institute , Data & Society Research Institute and Data & Society Research Institute) have posted Police Body-Worn Cameras on SSRN. Here is the abstract: Police Body-Worn Cameras...
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Filing an Accident Claim in Doylestown Against a Distracted Trucker
According to Distraction.gov, distracted driving killed 3,328 people in 2012. While distracted driving is dangerous for anyone, when truck drivers are distracted, they post an even bigger hazard for all around them. For what you need to know about filing a claim against a distracted truck driver, refer to the following:Common Distractions While DrivingA truck driver who is texting, emailing or talking on a cell phone is definitely a distracted driver. However, these aren't the only driver distractions. Other forms of behind-the-wheel distractions include paying attention to scenery or surroundings rather than the road, eating or drinking, engaging in personal grooming, adjusting the radio, using a GPS, daydreaming, or talking to a co-driver. All of these activities can be extremely dangerous for any motorist, especially distracted truck drivers who operate 60,000-pound plus vehicles.Who’s liable for a truck accident caused by distracted driving? Pennsylvania…
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Narcissism, Parenting, and Crime
"The root causes of crime" is a phrase made notorious by people who pushed social welfare programs and increased dependency on government as supposed cures for high crime rates way back in the late 1960s and 1970s. That notoriety should not deter us from looking for the true root causes of crime. The "trunk cause," to continue with the arboreal metaphor, is antisocial attitudes. Some people have the attitude that they do not have to obey rules, they do not have to respect the rights of others, and they can simply take what they want whenever and from whomever they like. The "root causes," then, are the influences that cause people to develop such attitudes.One root cause is bad parenting. Two main types of bad parents are those who don't give a damn and those who care very much but are misinformed. Prominent among the latter are parents who have bought into the "self-esteem" nonsense that kids…
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San Diego DecoBikes: Beware Of Possible BUI’s
San Diego neighborhoods, including Hillcrest, North Park, South Park, Golden Hills, Mission Hills, Little Italy, and Downtown, have new DecoBike stations. In fact, at least 80 rental stations have been installed, with a total of 180 planned. Future expansion is supposed to include our beach communities. As a DUI defense attorney, I see a possible issue with these bike rentals. Although Mothers Against Drunk Driving, aka MADD, propaganda has brainwashed us all since grade school to believe if you drink an alcoholic beverage and drive a vehicle, you should be prosecuted for drunk driving, many people do not know it is also a crime in California to bike or cycle while under the influence, (BUI or CUI respectively). If the bicycle is self-propelled, you cannot be charged under the standard driving under the influence statues. However, you can be cited under California Vehicle Code Section 21200.5, which states, “…it is unlawful for any person to…
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Transgender Name Change Petitions: Changing Gender on a Birth Certificate (15-05)
Name Change v. Gender Change: Presiding over a name change petition for an adult is a common occurrence for most judges. As long as certain legal and procedural requirements are met, approving the petition is usually simple and straightforward. This is true whether petitioner is male, female or transgender. A petition filed by a transgender person, seeking only a name change, is no different from a petition filed by any other adult male or female. However, in some cases, a petition filed by a transgender person may ask the court for an order changing the gender designation on the birth certificate. Amending the birth certificate to accurately reflect the gender with which the individual identifies, may be an extremely important step for a transgender person. This Training Update will explain when and under what authority the District Court can grant such a request (and will also discuss one additional option available to the petitioner). Click on the Link Below to…
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Jail Overcrowding in Illinois Eased via Controversial Measures
At a time when Utah is facing prison overcrowding issues, matched with a facility at Point of the Mountain in Draper that is considered incapable of supporting the growing prison population, Cook County in Illinois is proposing and enhancing several measures which seek to reduce not only their own jail overcrowding issues but also perceived […] The post Jail Overcrowding in Illinois Eased via Controversial Measures appeared first on Salt Lake Criminal Defense.
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