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Massachusetts 15 Year Old Charged with Attempted Murder

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A 15 year old from Attleboro is charged with several Massachusetts Violent Crimes for allegedly kidnapping and attempting to drown and stab a 63 year old woman. The teenager was arraigned this week in Taunton District Court on several charges, including attempted murder; kidnapping; home invasion; assault with intent to murder; aggravated assault & battery; and intimidation of a witness. According to the Bristol County D.A.'s Office, the defendant broke into the woman's home around 10:00 p.m. Wednesday and a scuffle ensued, during which time the victim was slashed about her body. Several hours later, the woman was reportedly taken to a pond near Seekonk where the teenager allegedly tried to drown her. Unable to accomplish the drown, the teenager then allegedly drove the woman to another location where he tried to asphyxiate her by clogging the vehicle's tailpipe. While he was doing this, the woman was able to break free from her restraints and drove the car to the hospital. The crime of Attempted Murder in Massachusetts is punishable by up to 10 years in state prison. In order to prove the crime of attempted murder, the prosecutor would have to establish (1) a specific intent to commit the crime of murder; (2) an overt act towards committing the crime of murder and that the defendant was reasonably close to actually carrying out that intent; and (3) that the defendant's act did not result in the crime being completed.

Supreme Court addresses dog sniffs for drugs

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The Supreme Court decided Feb. 13, 2013 that the government's failure to produce a drug-detection dog's field performance records does not preclude a finding of probable cause to search. In Florida v. Harris, the Court reversed a Florida Supreme Court ruling that, in every case, the government has to produce records, including a log of a drug dog's field performance, in order to establish the dog's reliability. In that case, a police officer pulled over the defendant for a traffic stop. The defendant appeared nervous and had an open beer can. The officer asked for consent to search the car, and the defendant refused. The officer then used a dog to execute a sniff test, and the dog alerted. The officer searched the car and found ingredients for manufacturing methamphetamine. However, the dog had never been trained to detect such ingredients. At a hearing on a motion to suppress, the officer testified that he did not maintain complete records of the dog's field performance and that he only kept records relative to alerts resulting in arrests. He testified that the dog's certification had expired the year before the stop. The trial court denied Harris' motion to suppress, but the Florida Supreme Court ultimately reversed, holding that the government, in order to establish reliability, must present "the dog's training and certification records, an explanation of the meaning of the particular training and certification, field performance records (including any unverified alerts), and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog's reliability." The United States Supreme Court reversed, reasoning that "[n]o more for dogs than for human informants is such an inflexible checklist the way to prove reliability, and thus establish probable cause." The question, the court concluded, is whether all facts surrounding the dog's alert would make a reasonably prudent person think that a search would reveal evidence of a crime. Massachusetts cases suggest that police reliance on an alert by a drug dog invokes an analysis similar to that which applies to confidential or anonymous informants because, obviously, dogs cannot be cross-examined as to reliability. As such, the dog's training and history of field performance might be considered in assessing the dog's reliability. Factors like the handling of the dog sniff and the dog's reaction might be considered in assessing the dog's basis of knowledge.

Drug charges filed against man accused of mistexting

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A man who allegedly sent a text message to a teenage boy was arrested this week after police say he tried to sell the boy drugs. Police believe that the man didn't know he was texting a teenager and may...

Breaking: 9th Circuit holds reasonable suspicion needed for forensic search of laptop at US border

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The decision is United States v. Cotterman, __ F.3d __ (9th Cir. 2013), and the case summary is below: The en banc court reversed the district court’s order suppressing evidence of child pornography obtained from a forensic examination of the defendant’s laptop, which was seized by agents at the U.S.-Mexico border in response to an alert based in part on a prior conviction for child molestation.  The en banc court explained that a border search of a computer is not transformed into an “extended border search” requiring particularized suspicion simply because the device is transported and examined beyond the border. The en banc court wrote that the fact that the forensic examination occurred 170 miles away from the border did not heighten the interference with the defendant’s privacy, and the extended border search doctrine does not apply, in this case in which the defendant’s computer never cleared customs and the defendant never regained possession.  The en banc court held that the forensic examination of the defendant’s computer required a showing of reasonable suspicion, a modest requirement in light of the Fourth Amendment. The en banc court wrote that it is the comprehensive and intrusive nature of forensic examination– not the location of the examination – that is the key factor triggering the requirement of reasonable suspicion here. The en banc court wrote that the uniquely sensitive nature of data on electronic devices, which often retain information far beyond the perceived point of erasure, carries with it a significant expectation of privacy and thus renders an exhaustive exploratory search more intrusive than with other forms of property.   The en banc court held that the border agents had reasonable suspicion to conduct an initial search at the border (which turned up no incriminating material) and the forensic examination. The en banc court wrote that the defendant’s Treasury Enforcement Communication System alert, prior child-related conviction, frequent travels, crossing from a country known for sex tourism, and collection of electronic equipment, plus the parameters of the Operation Angel Watch program aimed at combating child sex tourism, taken collectively, gave rise to reasonable suspicion of criminal activity.   The en banc court wrote that password protection of files, which is ubiquitous among many law-abiding citizens, will not in isolation give rise to reasonable suspicion, but that password protection may be considered in the totality of the circumstances where, as here, there are other indicia of criminal activity. The en banc court wrote that the existence of password-protected files is also relevant to assessing the reasonableness of the scope and duration of the search of the defendant’s computer. The en banc court concluded that the examination of the defendant’s electronic devices was supported by reasonable suspicion and that the scope and manner of the search were reasonable under the Fourth Amendment.   Concurring in part, dissenting in part, and concurring in the judgment, Judge Callahan (with whom Judge Clifton joined and with whom Judge M. Smith joined as to all but Part II.A) wrote that the majority’s new rule requiring reasonable suspicion for any thorough search of electronic devices entering the United States flouts more than a century of Supreme Court precedent, isunworkable and unnecessary, and will severely hamstring the government’s ability to protect our borders.  Judge M. Smith (with whom Judges Clifton and Callahan joined with respect to Part I) dissented. Judge Smith wrote that the majority’s decision to create a reasonable suspicion requirement for some property searches at the border so muddies current border search doctrine that border agents will be left to divine on an ad hoc basis whether a property search is sufficiently “comprehensive and intrusive” to require suspicion, or sufficiently “unintrusive” to come within the traditional border search exception. Judge Smith also wrote that the majority’s determination that reasonable suspicion exists under the exceedingly weak facts of this case undermines the liberties of U.S. citizens generally – not just at the border, and not just with regard to our digital data – but on every street corner, in everyvehicle, and wherever else we rely on the doctrine of reasonable suspicion to safeguard our legitimate privacy interests.

Not Guilty Verdict in Rape Trial Involving Star Quarterback

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Jurors needed less than three hours to reach their verdict in the highly-publicized rape trial of star University of Montana quarterback Jordan Johnson: Not guilty. silouette.jpg For all the hype surrounding this case - up to and including an ongoing federal investigation into the university's handling of numerous sex offense allegations -- our Tacoma sex crimes defense lawyers know that this came down to a situation of he said-she said. Usually, that is not enough to establish probable cause in a case, which is why this one probably should have never ended up before a jury in the first place. An experienced defense lawyer would fight aggressively to have a case like this dismissed before it ever reached a courtroom. He faced up to 100 years in prison under state law if found guilty. Here's what reportedly happened: A 21-year-old female student reportedly invited the football player to her room, where they watched a movie. The female student said the two had been flirtatious with one another prior to the date. She picked him up and once he was in her room, the two began kissing. The woman said things quickly got out of hand and the defendant positioned himself on top of her, became aggressive and forced her to have sexual intercourse. The defense, however, had a completely different story. They didn't deny that a sexual encounter occurred. However, they insisted that the woman had not only consented, she had encouraged and enjoyed the act. The defense further contended that the alleged victim had noted she didn't mind whether a condom was used. Her motive for the allegation, they contended, was that after the encounter, the defendant got up, said "Well, thanks" and left. Slimy? Yes. Criminal? No. After three weeks of intensive testimony, the jurors appeared to see through the case as well. As for the defendant, the mere allegation has completely thrown his life off-track. He was suspended and later removed from the football team once the felony charge against him was filed. He was able to remain in school, but it's not clear whether he will return to the team. It's hard to deny, though, that this student was caught up in a series of high-profile incidents involving the school and school athletes. In December 2011, the university president ordered an outside investigation after two students were reportedly raped after they had been drugged. Then there was an investigation spearheaded by a former Supreme Court Justice, which reportedly revealed nine allegations of sexual assault or rape involving a student between the fall of 2010 and the fall of 2011. One of those led to another football player eventually pleading guilty to rape and being sentenced to a 10-year prison term. Then, a dean of students was criticized after he reportedly alerted a foreign student to sexual assault allegations that were being made against him. That student fled the country before charges could be filed. Then last spring, the state's education department launched an investigation into charges of discrimination for failure to address sexual assault claims. That investigation is ongoing, as is the one being conducted by the U.S. Justice Department into the school's handling of prior sexual assault investigations and prosecutions. The bottom line in all of this is that university students may not at first realize the depth of the trouble they may be in when an allegation like this surfaces. As the parent, you may need to take matters into your own hands in securing an experienced lawyer. It could just be an investment that will rescue his future.

Wisconsin Man Arrested For Making Own Cheeseburger, Fries At Denny's

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dennys-sign-345.jpgCleaning out the e-mail box and found this gem from last year. I'd hung onto it so long because it's really, really, funny. I should add a bunch of commentary about how this relates to criminal law in Colorado Springs and then give a call to action about how you should contact a Colorado Springs Criminal Defense Attorney like me if you find your self in similar trouble, but really, I'm not too sure any of my readership will ever find himself or herself in a similar situation. So, without further ado, enjoy this old story about a man committing trespass, criminal impersonation and theft!

Petrin on the Theory of the Firm and Criminal Law

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Martin Petrin (University of Leicester - School of Law) has posted Reconceptualizing the Theory of the Firm – From Nature to Function on SSRN. Here is the abstract: What is the “firm”? This Article revisits and explores the theory of...

Charged as an accessory in South Florida

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In South Florida and all of its jurisdictions such as Fort Lauderdale, Miami, West Palm Beach, Pompano Beach, Hollywood, Aventura, or Boca Raton, an individual who intentionally participates in a crime or helps a criminal before or after the crime, may be held responsible for it. Take for instance someone who knows his friend will be going to a warehouse to commit burglary Monday night, and agrees to babysit for the burglar’s children while the burglar commits the crime. The State needs to prove that the defendant is an accomplice by proving that they intentionally helped in the commission of a crime. The state must prove that the individual knew that the principal was going to commit a crime and he or she intended to help the crime succeed. Another way of being responsible for a crime is being an accessory after the fact which is someone who knows that a felon has just finished committing a crime and helped the felon avoid arrest or trial. If you have been accused of being an accessory or an accomplice, call attorney Ralph Behr. You need an experienced criminal defense attorney on your case. Call our offices at 954-761-3444

Una gran verdad: LA MUERTE

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No hay nada más cierto en este mundo que la muerte y, nadie se escapa a esta verdad inconcusa y hasta misteriosa, aunque tengas ante tus pies todo el oro del mundo.     Por eso, yo no me río de la MUERTE, porque no hay forma de eludirla. Tampoco me río de los muertos, porque ellos ya descansan en paz y no tienen la oportunidad de defenderse y, porque también soy mortal.      Del malogrado líder y ex Presidente venezolano Hugo CHAVEZ FRIAS, sus caros adversarios y hasta sus críticos implacables podrán decir lo que quieran; sin embargo, parafraseando al periodista Enrique A. PRETEL, sostengo que su mayor éxito ha sido elevar a las clases sociales más pobres de Venezuela al epicentro de la agenda política, hasta el punto de que ya no parece posible un programa electoral sin la justicia social como bandera.   Para tal cometido, con mucha pasíon desató un permanente combate político con los clásicos líderes de los diferentes partidos políticos que "gobernaron" Venezuela, la prensa insulsa y rastrera, la jerrarquía eclesiástica, la elite empresarial, antiguos compañeros de armas y buena parte de la ciudadanía, quienes al unísono lo acusaban (interesadamente) de conducir a su país hacia el abismo.   Gracias a su denuncia frontal y hasta virulenta contra los poderosos y "dueños" de Venezuela, para bien o para mal, Hugo CHAVEZ revolucionó Venezuela. Cambió su Carta Constitucional y hasta el nombre del país (República Bolivariana), cambió las formas y colores de la bandera, del escudo y hasta el uso horario. En una campaña pólítica permanente, nacionalizó amplios sectores de la economía, es decir modificó la esctructura del Estado y le dio un giro radical a la diplomacía.   Quien quiera hacer algo importante para su pueblo, definitivamente tendrá que chocar con los intereses de los poderosos y, por consiguiente siempre tendrá opositores y detractores. El primer revolucionario de la tierra, fue Jesús de Nazaret, y él tampoco conquistó a todos, siempre tuvo renegados y contrarios, hasta hoy. Con mayor razón Hugo CHAVEZ, un hombre de carne y hueso, tan fieramente humano y sencillo como todos.   No obstante, hombres de su calidad y talla política, como mínimo merecen tratarlo con respeto, porque ya no es sólo él, sino que lo aclaman y lloran su partida todo un pueblo, su pueblo.   ¡DESCANSE  EN  PAZ  HUGO  CHAVEZ...!, aunque la reconciliación y la paz social y política no luzca cercana ni sencilla en Venezuela.    Lima - Perú, 07 de marzo del 2013. Atte,     DANTE  PEREZ  DIAZ            Abogado - Reg. CAL  N° 17300       

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Declaro que NO conozco al señor Arana, ni me interesa formar parte de su movimiento o partido político, comparto con ustedes su apreciación sobre la muerte del Comandante Hugo Chávez Frías, porqué me  parece oportuno. Para su conocimiento y difusión  > TIERRA Y LIBERTAD - PERU Hugo Chávez ha muerto ¡Que viva el sueño bolivariano!   Ante la muerte del presidente Hugo Chávez expresamos nuestra solidaridad con el dolor de la mayoría del pueblo venezolano que lo eligió democráticamente y ahora lo llora. Reconocemos que su liderazgo en la UNASUR y el MERCOSUR, así como su solidaridad con el pueblo cubano,  haitiano y peruano (cuando estos dos últimos sufrieron enormes desastres naturales) sirvieron para avanzar en el sueño bolivariano de la Patria Grande, así como reconocemos que su opción socialista fue consecuente con la reducción de la pobreza ampliando el acceso al derecho a la educación, la salud y la vivienda. > Nuestra mirada crítica y de rechazo a estilos caudillistas y de corte autoritario que protagonizó el presidente Hugo Chávez, a las restricciones de derechos humanos de poblaciones indígenas u opositores políticos, así como su opción por una economía fundamentalmente basada en el petróleo, no puede hacernos perder de vista que las tareas de radicalizar y consolidar la democracia, trabajar por sociedades socialmente justas y ecológicamente sostenibles son parte de las tareas pendientes en Venezuela como en América Latina, por lo que nuestros pueblos organizados y unificados deberán seguir luchando para construir otro mundo posible. > Esperamos que el pueblo venezolano y sus líderes opositores al capitalismo generador de desigualdades y exclusiones hirientes, críticos a su carácter ecocida y creyentes en la integración bolivariana sabrán encontrar soberanamente caminos pacíficos y democráticos para consolidar los cambios sociales conseguidos, superando las debilidades y errores que autocrítica y popularmente consideren necesarios. Confiamos que de las firmes organizaciones populares surjan las corrientes de oposición democrática que permitan profundizar los procesos iniciados por el gobierno de la Revolución Bolivariana, superando sus limitaciones y cerrando filas contra el retorno de la derecha oligárquica que mantuvo durante décadas marginado al pueblo venezolano. > Por último, rechazamos las versiones de la derecha peruana más recalcitrante la cual, aupada en la campaña mediática de demonización del particular estilo del presidente Chávez, quiere presentarlo como el causante de todos los males, mientras que a la par justifica e impone en el Perú las restricciones democráticas necesarias para el continuismo del modelo económico neoliberal, calló cuando Hugo Chávez tendió la mano al corrupto y genocida régimen fujimorista, y defendió a capa y espada la política del perro del hortelano promovida por Alan García y, hoy, cínicamente también defiende (como si fuera un bien moral) la traición de Ollanta Humala a sus promesas de los cambios esperados por la mayoría de peruanos que lo eligieron.   ¡Que no haya retroceso en la dignidad que el Presidente Chávez enseñó a su pueblo,  para tratar con el dominio abusivo del poder imperialista neo-colonial!   ¡Que el pueblo venezolano avance soberana y pacíficamente hacia la consolidación de la justicia social y  la construcción de una verdadera democracia!   ¡Que se afiance el sueño bolivariano en América Latina y El Caribe y surjan líderes, movimientos sociales y partidos políticos a la altura de ese gran desafío!     Marco Arana Zegarra COMISIÓN POLÍTICA NACIONAL DE TIERRA Y LIBERTAD Lima, Miércoles 6 de Marzo de 2013

The DUI Checkpoint “Fails to Meet Constitutional Muster”

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Part III – The Prosecutor’s Internal Memo Explaining Why the DUI Checkpoint “Fails to Meet Constitutional Muster.” Through a public records request we obtained an internal memo from Assistant State Attorney, Vin Petty, to his supervisors, Bernie McCabe, Bruce Barlett, and Mike Halkitis, dated July 3, 2012, explaining why DUI charges should be dropped. An [...]

How serious of a crime is forgery?

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Free legal answers from attorneys - I need help because I got caught cashing my aunt's checks for unemployment. I'm living with her and help her do a lot

Weekly Legislative Update 3/8/13

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Property Damage Crash US95 MP 314

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 CASE # L13000202 --------------------- PRESS RELEASE ----------------------------- DATE: 3/8/2013 TIME: 08:49 AM LOCATION: US95 milepost 314 ASSISTING AGENCIES: Lewiston Fire VEHICLE #1 ------------- DRIVER Vonhoff,Bradley E AGE 61 years ADDRESS Troy,ID INJURIES? - No HOSPITAL/LOCATION TAKEN ? St. Joseph's Medical Center VEHICLE YEAR 1999 VEHICLE MAKE Honda VEHICLE MODEL CRV WRECKER Forests Towing SEATBELTS/HELMET WORN? Yes INCIDENT NARRATIVE: Vonhoff was traveling southbound on US95 near milepost 314 when he suffered a medical issue. Vonhoff lost control of his vehicle, went off of the road, came back onto the road, crossed both southbound lanes, struck the center jersey barrier and then went back across both southbound lanes into the ditch where his vehicle overturned. Airbags deployed and seatbelt worn. Lewiston Fire assisted with treatment and extrication. One southbound lane was blocked during the crash. DSP INITIALS BAM -----------------------------------

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Walker v. Martel, No. 11-99006 (03-07-13) (Silverman with Graber; concurrence and dissent by Gould)The petitioner wore a knee restraint during his capital trial.  Jurors noticed it, especially the petitioner's limping to and from the stand, where he testified.  No record was made of the need for such a restraint, and his lawyer never objected.  Raising IAC and due process in the district court, petitioner received relief.  The 9th, however, knee-capped both claims.  The 9th held that under this procedurally defaulted IAC claim, the state courts, whose ruling is viewed in the dark shadows of AEDPA deference, was reasonable in finding no prejudice.  The shackling, although could be prejudicial, was somewhat unobtrusive and, according the majority, trivial in the weight of evidence.  It would not have mattered in the guilt or sentencing phase.  Because there was no IAC, then there was no due process violation.  Gould, concurring in the guilt reversal, dissented as to the sentencing phase.  Gould would find prejudice, and affirm the granting of a new sentencing phase, where the jury would not be prejudiced by the shackling in its weighing of aggravating factors with mitigating factors of family relationships and youth.

Three Men Arrested Following Multi-State Theft Spree

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The complexities of defending a multi-county, multi-state prosecution can pose a challenge for any Michigan criminal defense attorney. If not handled well, the client can end up serving back to back sentences (consecutive) rather than simultaneous sentences (concurrent.) A recent case New Baltimore case illustrates this principle. Three men were recently arraigned in a New [...]

Criminal Sexual Conduct Charges in Grand Rapids Case

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A Grand Rapids man who used to be the head of the Hispanic American Council in Kalamazoo is now facing federal charges of criminal sexual conduct. State prosecutors recently dropped their charges and handed the matter over for federal prosecution. Forty year old Ramon Berlanga-Rodriguez is accused of sexually assaulting a young girl multiple times, [...]

MSU Student Stabbed to Death

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A moment of rage can easily lead to the need for a top flight criminal defense attorney. A recent Ingham County case illustrates this. A teenager from Rochester Hills was charged with the murder of an MSU student late last month, reportedly stabbing the victim to death. Connor McCowan, 19, is accused of killing Michigan [...]

Michael Morton Documentary Premieres at SXSW Festival

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On Monday, March 11th, An Unreal Dream, a documentary about the wrongful conviction of Michael Morton will have its premiere at the South by Southwest Festival in Austin, Texas, at 7 p.m. at the Topfer Theatre at Zach Scott. Morton served 25 years in prison for the murder of his wife, Christine, before he was finally exonerated by DNA evidence in 2011. His Innocence Project lawyers discovered that the prosecution failed to turn over numerous pieces of evidence pointing to his innocence, including statements from Morton's three-year-old son who witnessed the murder and said that his father wasn't the attacker. After a week-long hearing earlier this year, a Texas court is deciding whether criminal charges should be filed against the prosecutor Ken Anderson for withholding the evidence. The documentary details Morton's nightmare of trying to grieve his wife's death while also being accused of and ultimately wrongly convicted for her murder. The film also examines his six-year legal battle to get access to the DNA evidence that ultimately proved his innocence and pointed to the real perpetrator (who will soon face trial for the murder). Additional screenings will be held on March 13 at 6:30 p.m. at Alamo Village and on March 16 at 4:00 p.m. at the Topfer Theatre. Tickets are available at the box offices. Learn more about Morton's case. Watch a trailer for the film.Read more about the film.

What are penalties for possession of methamphetamine charges?

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Free legal answers from attorneys - It was for 10 grams and she is currently in jail awaiting court. I want to hire her a lawyer if she's looking at priso
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