Free legal answers from attorneys - I've heard you never let them breath test you and you retain your right to silence. Is that right? What should you do
What should you do if you’re pulled over and you’ve been drinking?
↧
↧
Is being asked by cops to say the alphabet backwards a trap for DUI?
Free legal answers from attorneys - There's no way I could do that even stone sober. Do cops really ask that. What if I get pulled over and I'm not drunk
↧
Can you be charged for refusing to talk to police?
Free legal answers from attorneys - I got a phone call from the police department saying they wanted to talk to me about an incident that occurred in my ne
↧
Utah Marijuana Laws | Salt Lake Criminal Defense Attorney
The Utah Marijuana Laws are incredibly harsh, much more so than some of its neighboring states. Unlike many other states in the west including California, Colorado, and Oregon, Utah allows for no flexibility on marijuana use. As we know, Oregon … Continue reading →
↧
What are the charges if caught stealing money from work?
Free legal answers from attorneys - My employer called me today and said they have video of me allegedly stealing from work and that they'll be pressing c
↧
↧
I have been charged with robbery in Riverside County. What consequences and sentence do I face if robbery is considered a violent crime in California? (CPC 211)
According to the California Department of Justice, robbery is considered a “violent crime.” The Department of Justice describes the following as “violent crimes:” - Murder - Assault - Rape - Robbery In addition, California Penal Code section 667.5 defines robbery...
↧
Saying No at DHS Checkpoints
What happens when you refuse to comply with a request for information about your citizenship at an immigration checkpoint within the U.S.? Apparently, they have to let you continue on your way and...
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
![]()
![]()
![]()
![]()
![]()
![]()
↧
CONCLAVE SET
The College of Cardinals in the Vatican have set next Tuesday to begin their conclave to select the new Pope. "Conclave" means "with key" and the Cardinals will be locked in the Sistine Chapel to begin deliberations for the new Pope. The Conclave will begin with the traditional words "Extra Omnes" ("everybody out!"). Prior to the Conclave the Cardinals will hear two sermons that are supposed to deal with the state of the Church. On Tuesday morning the Cardinals will first gather in Saint Peter's Basilica to celebrate the Eucharist. In the afternoon the Cardinals will then gather in the Pauline Chapel in the Palace of the Vatican before they move in procession to the Sistine Chapel while singing "Veni Creator Spiritus" ("Miami has the Dolphins, the greatest football team....") The Cardinal Camerlengo (the Chamberlin) takes possession of the Pope's Ring of the Fisherman and the Papal seal and destroys both before the College Of Cardinals. In earlier times the Cardinal Camerlengo would gently strike the head of the dead pope three times with a silver hammer to prove to the College that the Pope was dead. More on procedure next Tuesday. Our predictions: If the next Pope is Italian, Angelo Scola (no relation to our federal judge Bob as far as we know) who is the Archibishop of Milan is a dynamic choice. Eight years ago he was one of the principal contenders. Con: he is 71 and the Cardinals are looking for a Pope in his early 60's. His time may have passed. The first black Pope could well be Cardinal Peter Kodwo Appiah Turkson of Ghana. He is the perfect age at 63. He is considered a leader among the College of Cardinals and is an excellent communicator. Africa (along with South America) is quickly overtaking the Euro-Centric Catholic Church. Con: Africa is seen as more disconnected from the Church then South America. But Cardinal Turkson is a legitimate superstar among the Cardinals and is well liked and greatly admired. The first Pope from Latin America was almost Cardinal Jorge Mario Bergoglio, who was probably the runner up in 2005. But at age 75 he might well be viewed as having missed his chance. Cardinal Marc Ouellet from Canada is a strong choice. He is a humble man who speaks English, French, Italian, German, Portuguese and Spanish fluently. Ouellet is the obvious choice of the new "Global" church. Con: There is no "hockey night" in the Vatican. Cardinal Luis Antonio Tagle of the Philippines would be the first Asian Pope. He is 55 years old and has over 123,000 "likes" on Facebook, making him the most active Papal Candidate on social media. Con: 55 is seen as a bit too young. Long shot: New York Cardinal Timothy Dolan, who has a radio show on the Sirius satellite network could be the first American Pope. Pros: Dolan is a dyed in the wool conservative Catholic Cardinal cut from the same philosophical cloth as the former and now retired Pope. Cons: If the College is going to pick a Pope from North America, Dolan loses out to Canadian Ouellet every time. Beautiful weather "forced" us to take the day off Friday. Enjoy your spring weekend and don't forget to "spring ahead" your clocks on Sunday. Yup folks, we lose an hour of sleep this weekend. Site Feed
↧
New Mexico Drunk Driver Trapped For 22 Months In Solitary Confinement Awarded Millions
A man who spent 22 months in solitary confinement after being picked up for drunk driving received $15.5 million in a settlement with the county running the facility that was responsible for his horrific treatment. A recent announcement by officials from Dona Ana County, New Mexico revealed that the settlement would put an end to [...]
↧
↧
FL - Former St. Lucie deputy (Cameron Dean Bates) convicted of having child pornography
Cameron Dean BatesOriginal ArticleWe're beginning to believe most police officers in Florida are sex offenders. See why here.03/08/2013By Melissa E. HolsmanFORT PIERCE - A man who served as a St. Lucie County Sheriff’s deputy for 18 years before resigning seven years ago now faces decades in prison after a federal jury on Thursday convicted him of 18 counts related to receiving and possessing child pornography.
After an eight-day trial, federal jurors in Fort Pierce deliberated for 3 ½ hours before convicting Cameron Dean Bates, 47, who was initially arrested in August 2012 on 10 counts of possession of child pornography and compiling child pornography. The arrest followed a St. Lucie County Sheriff’s Office investigation launched in 2011 that resulted in a search warrant being served at Bates’ home, which he shared with his wife and two sons in the 5700 block of Northwest Belwood Circle, an affidavit stated.
Authorities found dozens of images and videos depicting child porn stored on his laptop computer, records show.
During an interview with law enforcement, Bates admitted he had seen “child porn,” but claimed he did not download it intentionally, according to arrest records. He admitted using peer-to-peer software to download files via the Internet and he claimed he’d accidentally downloaded child pornography while accessing music files.
According to the U.S. attorney’s office, when Bates testified at trial, he admitted to having bisexual extramarital affairs at a Palm Beach County location linked to child pornography. While being quizzed by a federal prosecutor, Bates admitted lying to family members and to providing advice to his gay lover on how to smuggle marijuana onto a plane. He also admitted falsifying an eviction letter to stave off debt collection by a St. Lucie County hospital and to lying numerous times as a sheriff’s deputy.
Records show Bates was a sheriff’s deputy from May 1988 until resigning in June 2006.
At the time of his arrest, his listed his place of employment as a fast food eatery. He’s also worked as a legal assistant, a teacher and as a case manager for at-risk teens on probation.
Bates was convicted of eight counts of receiving images depicting child pornography; eight-counts of accessing child pornography; one count of distributing child pornography; and one count of possessing child pornography.
At his June 3 sentencing, he faces a mandatory minimum of five years up to a 20-year maximum prison term for each count of receiving the illegal images, and up to 10 years behind bars for each of the eight counts of accessing the material. He’ll also be required to register as a sex offender.
After trial, the court immediately remanded Bates to the custody of the U.S. Marshall Service.© 2006-2013 | Sex Offender Issues
↧
Berlusconi zu einem Jahr Freiheitsstrafe verurteilt
Der ehemalige italienische Premierminister Silvio Berlusconi muss sich momentan wegen mehreren Delikten vor italienischen Gerichten verurteilen. Aktuell ging es um abgehörte Telefonate bezüglich einer geplanten Bankenübernahme. Die Richter in Mailand befanden ihn für schuldig und verurteilten ihn zu einer Freiheitsstrafe von einem Jahr. Sie sahen es als bewiesen an, dass er durch das Veröffentlichen . . . → Read More: Berlusconi zu einem Jahr Freiheitsstrafe verurteilt
↧
Impaired Driving Campaign
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 03/09/2013 at 2:00 a.m.
The Idaho State Police, local law enforcement and the Idaho Transportation Department are mobilizing in an effort to stop impaired driving March 10th through the 18th. ISP and numerous local agencies in Southeast Idaho will be stepping up their patrol efforts, safety campaigns, and educational presentations to make our highways and roadways safe for travel.
The effort is part of Idaho's Toward Zero Deaths' goal to someday have no traffic deaths on Idaho's roads. Traffic deaths are not just numbers. They are family members and friends lost.
During the campaign, officers will be watching for impaired drivers. They will also check for seat belt use.
Don't be fooled if you feel 'buzzed.' The 'buzz' can get you put in jail by the 'fuzz!' It's not worth the risk. Not only do you risk injuring or killing yourself or someone else, but the financial costs of an arrest or crash are significant to our society.
In 2010, there were 10,726 DUI arrests in Idaho, and 96 fatalities resulting from impaired driving. In addition, there were 1,593 impaired driving crashes. 45.9% of all Idaho fatalities in 2010 were the result of impaired driving!
- Whenever you plan on consuming alcohol, designate a sober driver before going out and give that person your keys.
- If you're impaired, call a taxi, a sober friend, or family member to get you home safely.
- If you go to a bar, check with the workers. Many local bars have programs to give patrons a free ride home.
- Promptly report suspected drunk drivers you see on roadways to law enforcement. To contact the Idaho State Police, call *477, or your local law enforcement agency.
- If you know someone who is about to drive impaired, take his or her keys, and help make other transportation arrangements.
Your best defense against drunk drivers is to always wear a seat belt and remain attentive to your surroundings and other drivers.
For interviews, media ride-alongs, or other inquiries please contact Lt. Chris Weadick 208-525-7377.
-------------
↧
#ReinventLaw (Or What I Did On The Eve of Destruction)
<font style="FONT-SIZE: 12px" face="arial">When Windows was introduced, I told Dr. S.J. that it was the death of understanding. Before Windows, a computer user needed to know DOS commands or he
couldn't make the box work. By knowing DOS commands, typed in carefully at the C prompt because an errant letter meant the computer either wouldn't have a clue what you wanted or would do
something entirely undesired, like launch thermonuclear war, you had a basic understanding of how computers functioned. ...</font>
↧
↧
E.D.N.Y.: Apparently authority for consent sufficient; if actual authority was lacking, it had to be shown
Defendant contended that the room in the apartment searched by the police by his roommate’s consent was his. The facts presented to the police at the time, however, showed that the apartment was the roommate’s and she had complete control over it. Therefore, the police were objectively reasonable relying on her apparent authority, even though she may not have had actual authority. Actual authority was not shown at the hearing, so the government wins on apparent authority. United States v. Dantzler, 2013 U.S. Dist. LEXIS 31493 (E.D. N.Y. February 7, 2013).*
Defendant’s roommate called the police to tell them that he had child pornography on his computer left behind at her house. The FBI was already investigating him for child pornography. She let the police in to seize the computer. A search warrant was obtained for the computer, and defendant resisted complaining of a Franks violation of false information in the affidavit. The trial court found it negligent at best, but even removing the information did not undermine the probable cause for the warrant, so the search was good. Lamarre v. State, 2013 Tex. App. LEXIS 2198 (Tex. App. – San Antonio March 1, 2013).*
↧
D.Ore.: Driver's consent to wait for drug dog didn't extend to passengers
The officer’s version of Oregon law on what is an obscured LPN was a mistake of law and can’t support the stop. During the stop, one passenger got out and stared intently at the officer. That wasn’t reasonable suspicion. The driver’s consent to wait for a drug dog did not extend to his passengers, necessarily stopped with him. United States v. Lopez, 2013 U.S. Dist. LEXIS 32353 (D. Ore. March 8, 2013).
Class action status denied to all person strip searched under an “all persons present” clause in all city police search warrants. Plaintiff prevailed in his case in the NY Court of Appeals, but can’t represent all others subjected to it whenever. Mothersell v. City of Syracuse, 2013 U.S. Dist. LEXIS 32085 (N.D. N.Y. March 8, 2013).*
Considering all the testimony on consent, the court finds the testimony of the officers more credible and the consent valid. United States v. Abney, 2013 U.S. Dist. LEXIS 31336 (D. N.J. March 6, 2013).*
Back to blog
↧
CA9 (en banc): A forensic search of a computer on crossing the border is unreasonable
An intensive search of defendant's hard drive seized at the border was not reasonable under the border search doctrine. United States v. Cotterman, 2013 U.S. App. LEXIS 4731 (9th Cir. March 8, 2013) (en banc).
The introduction:
[...] Read more!
↧
International Criminal Law CLE Planned
John L. Fossum is scheduled to speak at a CLE on International Criminal Law, planned for May 3, 2013 in Minneapolis. Mr. Fossum will be speaking on the history of International Criminal Law and Ethics Issues in Defense in International Criminal Law. He is admitted to practice before four international criminal tribunals and an MSBA Board Certified Criminal Law Expert. Also expected to appear are United States District Court Judge John Tunheim and Assistant United States Attorney John Docherty. Judge Tunheim will discuss his time in Kosovo and the international tribunals impacts on Kosovo. Mr. Docherty will describe his time working as a prosecutor at the International Criminal Tribunal for the former Yugoslavia. More details will follow when they become available, it is expected there will be a panel discussion, question and answer period following the presentations. The program will be sponsored by the Criminal Law Section of the Minnesota State Bar Association. Link to this post!
↧
↧
Leyba Defense PLLC has 50% dismissal rate on DOL Hearings in last 20 cases
If you have been arrested in Seattle for a DUI, or in Washington State for that matter then you face two separate legal actions. One of the legal actions is with the Washington State Department of Licensing. Depending on whether you took the breath test and you were over the legal limit, or if you declined the breath test, you're facing a suspension of your drivers license or privilege to
↧
Interesting developments in "smart gun" discussions and debate
I just came across this notable piece from California on my favorite firearms topic, namely smart gun technologies and policies. The report is headlined "Personalized guns touted as safety check," and here is how it starts: In the latest James...
↧
"The Conservative Case Against More Prisons"
The title of this post is the headline of this lengthy new piece authored by Vikrant Reddy and Marc Levin, senior policy advisers to the Right on Crime campaign, and now appearing in The American Conservative. Here is how it...
↧
More Pages to Explore .....
