Recent Client Review: Great lawyer! First and foremost, I would like to thank Carl Spector. since day one he was extremely reassuring on helping me with my 1st DWI-DUI case. My case was very complex, with charges for leaving the scene of an accident, DWI,Refusal and reckless. Not to mention it was in two different counties. But right off the bat ,Carl came up with a game plan as soon as I called him. After months of back in forth work, he made everything fall in the right places. He managed to drop every ticket including the refusal which is huge deal, by him finding a simple mistake the officer wrote on my report. I walked out of the court with a great plea deal with most of all the tickets dismissed and only stuck with a 1st offense DWI and carless. Once again thanks Carl for being there 100% of the way! Lawyer Carl Spector | Top Attorney DUI
New York Attorney Best Rated and Review – Carl Spector DWI DUI Lawyer
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Decline in Wisconsin Prison Population Results From Fewer Drug Offenders Behind Bars
As I discussed in this post, Wisconsin has achieved one of the nation’s higher rates of reduction in imprisonment over the past decade. To be sure, New York, California, and a few other states have far outpaced Wisconsin in this regard, and Wisconsin’s prison population remains nearly ten times larger than it was in the early 1970s. Still, we may appreciate some overall net progress in the Badger State’s numbers since the mid-2000s. As indicated in the following chart, reduced imprisonment of drug offenders has played a central role in driving this trend: The chart tracks Wisconsin’s mid-year prison population in even-numbered years since 1984, with numbers courtesy of the Legislative Fiscal Bureau. The drug portion of the prison population remained small and consistent between the early 1970s and the mid-1980s, then rose sharply and consistently for about two decades. These increases corresponded with an explosion in arrests for…
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Case o' The Week: Lost in Austin - the Ninth fractures over fractures, crack resentencing
A fractured panel fractures over a fractured opinion from a fractured Supreme Court. (Weirdly appropriate, for a “crack” case . . .)United States v. Davis, 776 F.3d 1088 (9thCir. Jan. 27, 2015), decision available here.Players: Per curiam opinion, by Judges O’Scannlain, Kleinfeld and Berzon. Compelling concurrence by Judge Berzon. Facts: In 2005 Davis pleaded guilty pursuant to a Fed. R. Crim. Proc. 11(c)(1)(C) deal. Id. at 1089. He was sentenced to 18 years. Id. After the Sentencing Commission reduced the Guideline sentences for crack cocaine in 2010, Davis sought a retroactive reduction of his sentence. Id. The district court held that it lacked jurisdiction to modify his sentence, because Davis’s sentence was not ‘based on’ the Guidelines. Id. Issue(s): In light of the Supreme Court’s divided decision in Freeman v. United States, 131 S. Ct. 2685 (2011), and the Ninth Circuit’s interpretation of that decision…
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Arbitration Scam on Consumers
Back in the day, arbitration was a reasonable alternative to court rooms. Consumers could seek justice when they were wronged, but in a forum that was quicker and cheaper than going to court. Unfortunately, arbitration has become nothing but a scam on consumers. Companies force consumers into arbitration via their contracts, mainly because the process favors the companies so heavily. Namely, the arbitration clauses prohibit consumers from banding together to file class action lawsuits. Class action suits have a tarnished image, but are often the only option when there are thousands of consumers who have been harmed by products and services, but the monetary harm to each is relatively small. It is financially impossible for each consumer to pursue a relatively small case, so banding together in class action lawsuits creates economics that make sense. Arbitration takes away the opportunity for consumers to band together, and denies them access to the court system, instead…
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Do Convicted Felons Lose Right to Transfer Firearms?
Significant Property Rights Case Awaits Supreme Court Decision When defendants are arrested for felonies, it has become a standard condition of bond in many courts that […]
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Terrorism Sentencing Enhancement Reversed By Fifth Circuit
Section 3A1.4 of the U.S. Sentencing Guidelines authorizes a steep increase in a defendant’s offense level and an automatic increase in his criminal history category if […]
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Don’t Blame It On The Donuts
One of the more difficult aspects of working as a criminal defense lawyer – particularly in Fresno, California, where there are fewer brain cells in those in leadership positions than there are those in leadership positions – is learning that there’s really pretty much no such thing as good people. Or bad people for that matter. There are just people. Period. And we are all capable of ugly. At best some of us are more ugly than others, more of the time. But the truth is that if you really stop, and look, there’s a little bit of ugly showing through in all of us, all the time. A Powhatan County Sheriffs Office deputy was forced to use a taser on a disruptive student today, March 13, at Powhatan Junior High School. That’s right. Someone held a gun to the head of a Powhatan County (Virginia) Sheriff’s Deputy, and ordered him t– Wait. That’s not exactly how it happened. What actually happened is that an eighth-grade student was…
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Liberty and Edward Thomas
Lady Liberty. “Liberty” is one of the foundational concepts of the American enterprise, individual liberty in particular. To the white-collar practitioner (and client), the concept of liberty takes on a special urgency. Edward Thomas Edward Thomas was born in Lambeth, London, on March 3, 1878. His books include The Woodland Life (1896), In Pursuit of Spring (1914), and Last Poems (1918). Thomas died in World War I at the battle of Arras on April 9, 1917. “Liberty” was published in Thomas’s book Poems (H. Holt & company, 1917). Liberty by Edward Thomas (1878-1917) The last light has gone out of the world, except This moonlight lying on the grass like frost Beyond the brink of the tall elm’s shadow. It is as if everything else had slept Many an age, unforgotten and lost The men that were, the things done, long ago, All I have thought; and but the moon and I Live yet and here stand idle over the grave Where all is buried. Both have…
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Date Rape Conviction Places You on Sex Offender List
A Date Rape Conviction Means Registering as a Sex Offender Anyone who’s ever been single knows how tough the dating world is. It seems like the rules of etiquette are constantly shifting. Is it still ok to pick up your date at her house or are you supposed to meet somewhere public? Once you do get out the door, who’s paying? Most of these questions can be answered quickly, easily and with only a minimum of awkwardness. However, what happens when someone claims that they were raped on a date? NRS 200.366 is Nevada’s date rape law. Typically, the term “date rape” refers to circumstances in which two people are interacting socially when one forces the other into performing sexual acts. Most often date rape is alleged when the female tells her partner no, but he continues with the act. Other times the girl is drugged using a substance like Rohypnol. The male commits the unwanted sexual act while the female is unconscious. Nevada law takes date rape…
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Department of Financial Services...cont
The Fund reduces, often substantially, the amount of net cash available to settle a case. While some parents of youngsters who have been the victims of an obstetrical mishap will, hopefully, realize that enrollment in the Fund is a valuable tangible asset, some, undoubtedly, will grouse about the reduced amount of cash which results from a settlement. Potentially, some parents will be disappointed with the outcome and their lawyers will have the difficult task of trying to explain why a guaranteed program of medical services for a child is an appropriate substitute for ready cash. In smaller value settlements (usually because of liability problems), where a 50/50 allocation is appropriate because of the nature of the injuries, this court has tinkered with its 50/50 allocation. Take, for instance, a $2,000,000 settlement. Applying a 50/50 allocation, plaintiffs will have to pay a portion of the attorney's fees, leaving a net recovery of less than $1,000,000. Under those…
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Rikers Guard Pimps, Deals, and Publishes
Courtesy of the New York Daily NewsNYC Corrections Officer Gary Heyward worked Rikers Island for a number of years. While there, he smuggled in tobacco, liquor, cell phones and drugs, provided muscle for pay back beatings of inmates, and pimped out three female officers, "copstitutes," to inmates and senior management. Or so he says in his just published memoir, "Corruption Officer."The Daily News profiles the sordid and depressing story of a corrupt C.O. who helped make the Rikers experience all the more miserable. The article provides plenty of salacious details that I won't bother to repeat. Not surprisingly, the DOC says he's exaggerating his stories to sell books. Humorously, they also suggest he's tarnishing the department's good reputation.Heyward was caught after an accomplice rolled over on him, and spent nearly two years in a state prison before he was supposedly, inconceivably, permitted return to work for the City in…
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Rick Perry says get 'Right on Crime'
Former Texas Governor Rick Perry has announced he's signed on to the Texas Public Policy Foundation's "Right on Crime" campaign. He issued the following statement in conjunction:This week I agreed to join an initiative called Right on Crime. They’re based out of the Texas Public Policy Foundation, and are focused on helping people understand why a big, expensive prison system—one that offers no hope for second chances and redemption—isn’t conservative policy. During my leadership as governor, Texas shut down three prisons, and we saved taxpayers $2 billion. When I left office, Texas had the lowest crime rate in our state since 1968. My administration started treatment programs and drug courts for people who wouldn’t be served well by sitting behind bars. We made sure our parole and probation programs were strong. Most of all, we evaluated prisons based on whether they got results. Did an ex-offender get locked up…
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Ferguson Suspect in Police Shootings Charged
20 year old Jeffrey Williams has been arrested and charged with the Ferguson police shootings. Police say he may not have intended to shoot the officers. They say that's his story, they don't know if they "fully buy it." “I’m... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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//blawgsearch75.rssing.com/chan-6519914/article10654-live.html
Kyzar v. Ryan, No. 12-17564 (Bucklo (N.D. Ill.) with Berzon and Rawlinson, CJJ) --- The Ninth Circuit affirmed the denial of an Arizona state prisoner's § 2254 petition, holding that he had exhausted his sufficiency-of-the-evidence claim through pro se filings but that the state courts didn't unreasonably deny it pursuant to Jackson v. Virginia, 443 U.S. 307 (1979).The petitioner was convicted of conspiracy to commit a dangerous assault in connection with the death of a guard at the prison where he was already serving a sentence for another crime. The petitioner furnished a knife to a fellow prisoner, who used it to kill a guard with whom he'd had a disagreement. He was convicted at a jury trial in Maricopa County Superior Court and sentenced to 21 years in prison.After his direct appeal concluded, the Arizona Supreme Court issued its decision in Evanchyk v. Stewart, 47 P.3d 1114 (Ariz. 2002), which explicated the legal requirements for conspiracy to…
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New York Penal Law 230.04...cont
Promoting prostitution is actually more serious than prostitution itself, in that regular Prostitution is a B misdemeanor (punishable by up to 90 days in jail), whereas Promoting Prostitution is an A misdemeanor (punishable by up to 1 year in jail). The charges pertaining to promoting criminal prostitution can be felonies depending on whether certain aggravating factors are present. For example, Promoting Prostitution in the Third Degree (Penal Law 230.20, a Class D felony) involves two or more prostitutes being promoted or a prostitute under the age of 19. Promoting Prostitution in the Second Degree (Penal Law 230.30, a Class C felony) applies where the prostitute is under 16 years of age or where coercive force or intimidation is used on the prostitute. Promoting Prostitution in the First Degree (Penal Law 230.32, a Class B felony), applies to situations in which the prostitute is less than 11 years old. New York Penal Law Section 230.04 on Patronizing a prostitute in…
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'Criminal Minds' Actor Arrested in Florida for Second Time This Year
Nicholas Brendon, the actor known for his roles on Criminal Minds and Buffy the Vampire Slayer, was arrested on Friday in Tallahassee for apparently trashing his hotel room. Our Palm Beach and Broward County criminal defense lawyers know that this isn't Brendon's first recent run-in with law enforcement in the Sunshine State; just last month he was arrested in Fort Lauderdale for similar reasons. The actor faces charges of criminal mischief and property damage for allegedly causing as much as $1,000 of damage in the hotel he was staying at during a comic book convention.
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News Scan
Hundreds of Sex Offenders Arrested Crossing the Border: US Border Patrol agents patrolling along the Texas-Mexico border have had their hands full with an unexplainable influx of sex offenders illegally sneaking into the US from Mexico. Douglas Peter of the Standard Daily reports that within the past five months, 144 sex offenders were arrested by agents as they crossed into the US through the Rio Grande Valley Sector. Bill Allows Death Penalty in School Slayings: A bill introduced in Indiana, if passed, would allow prosecutors to seek the death penalty in homicide cases committed at schools or places of worship. The AP for WLIF reports that the bill was introduced in response to a murder case that occurred on the Purdue University campus. Cody Cousins was sentenced to 65 years for killing fellow student Andrew Bold. He was not eligible for a death sentence due to a lack of aggravating factors as defined by Indiana law. This bill would…
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Suspected Drunk Driver Hands Police McDonald's Gift Card
While there is nothing funny about drunk driving, as it is responsible for tens of thousands of deaths each year and many more cases of serious personal injury, some of the interactions police have with alleged drunk drivers inevitably illicit a chuckle. According to a recent news article from Cleveland.com, police pulled over a driver for weaving across marked lanes. When the officer approached the car, he said he smelled an odor of marijuana and saw vomit on the ground. The driver who allegedly smelled heavily of alcohol and was slurring his speech, first denied drinking, but then admitted to consuming several mixed drinks and beers. He is reported to have told officers he was coming from a party and looking for his girlfriend. When the officer asked the alleged drunk driver for his license, the driver first handed the officer a card. When the officer looked at the card and asked the suspect why he handed him a McDonald's gift card, the suspect responded…
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San Diego County DMV Hearing Officer Guilty: Accepting DUI Defense Attorneys’ Bribes
In San Diego County, or anywhere in California, if you are arrested for drunk driving, two processes automatically begin. One is the court process which is handled through the criminal court system and involves criminal charges and penalties. The other is the administrative process that is handled through the Department of Motor Vehicles, DMV, and involves the suspension of your driving privileges. [Note: Although the DMV has a separate action regarding your driving privilege, the court may also suspend your privilege to drive if you plead guilty or you are found guilty after a trial of driving under the influence or alcohol, drugs, or a combination of alcohol and drugs.] For many people, the worst and most inconvenient penalty in a DUI case is the inability to drive. And, if you do not challenge the suspension by requesting a hearing with the DMV within 10 of the arrest date, the DMV will automatically suspend your driver’s license for four…
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Sprain Parkway Wrong Way Driver Charged With Felony
Efren Moreano, 20, the driver of the wrong way vehicle on the Sprain Brook Parkway who struck and killed an NYPD detective in the early morning hours of February 28, 2015, has been charged with second degree manslaughter, a class D felony. Mr. Moreano has been in a medically induced coma since the accident. His arraignment was done in the Westchester County Medical Center before Superior Court judge Robert Neary. If and when Mr. Moreano is well enough to participate in the legal proceedings against him, the case will initially be transferred to the Greenburgh Town Court, and if the charges are not reduced to a non-felony (which is very unlikely), the case will then be moved to the Westchester County Court, which has jurisdiction of felonies, unlike town and village Courts. On February 28, 2015, at approximately 4:00 AM, Mr. Moreano was operating his 2013 Honda Civic northbound in the southbound lanes of the Sprain parkway. Paul Duncan, a 46 year old, seventeen year veteran…
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