Again, bad judges who stray from their role as neutral arbiter and become the helping hand of the prosecutor are exposed in Ronnie Williams v. State, 4D12- 3723. Ronnie Williams was a Broward County resident, where law enforcement officers have a standing order from many store and market owners to issue trespass warnings to people loitering on the property. Williams was outside of a market, when a detective approached Williams to trespass him off of the market property. It stead of just trespassing Williams off of the property, the detective also stopped Williams and pat him down for “weapons.” During the “pat down” the detective testified that a container “fell” from William’s pocket and at that time, William’s took a swing at the detective and ran. During the chase, the Detective also testified that another container fell from William’s pocket as he ran away from the law enforcement officer. The previous facts were…
When Judges Become the Helping Hand of the Prosecutor
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Does Expungement Affect Immigration?
There’s both good news and bad news for people with expunged criminal convictions who are thinking of immigrating to the United States. The bad news is that even if your record is sealed, certain convictions can still prevent you from successfully obtaining citizenship. The good news is that there are exceptions to this rule, and…
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What if I Can’t Afford My Child Support Payments?
There’s no question that being a parent can get expensive. In fact, just how expensive may surprise you: the U.S. Department of Agriculture reports the average annual cost of raising a child until they turn 18 is a whopping $245,000, excluding the cost of college tuition! While every parent wants their children to have the very best resources possible, sometimes child support payments can become financially overwhelming, especially in a climate of economic recession. If you live in Utah and are struggling to make your child support payments, what should you do? In this blog post, child support attorney Andrew Stewart will explore some of the legal and financial options available to divorced parents in Utah. How to Modify Child Support in Utah Life is unpredictable. People lose their jobs, take pay cuts, face natural disasters, and have medical emergencies. Any number of occurrences can dramatically chance your financial…
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DEMANDA contra PRIMA AFP
Estimados amigos, como comprenderán el que Guillermo Anderson Anderson, demande a Prima AFP, no es la lucha de David contra Goliat, es la de un "pequeño David" contra un Goliat cinco veces más grande. Al ser tan desigual el enfrentamiento y en esta era de la información, los retos que debo superar y los miedos que causa estar sometido a la deshonestidad del Poder Judicial me obligan a ser muy cuidadoso del camino andado. La demanda la presenté con fecha 02 de marzo de 2015, el día 25 de marzo el Juzgador se declaró incompetente y ordeno remitirla al Juzgado de Trabajo que resuelve la demanda conforme a la Nueva Ley Procesal del Trabajo por el principio de economía y celeridad procesal. Después de algunas idas y venidas para que se cumpla el mandato, finalmente el 07 de abril de 2015 se entregó al CDG (Centro de Distribución General) ubicado en el Edificio Javier Alzamora…
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Guest commentary: Criminal Justice Reform Doesn't Mean Being Soft on Crime
Denver Post Commentary he facts are clear: The United States has 5 percent of the world's population but almost 25 percent of the world's prisoners. With more than 2 million people in jails and prisons, the U.S. leads the industrialized world in both incarceration rates and total numbers. In addition, prisons have become the default accommodation for people with mental illness and
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Private Citizens Initiating Criminal Charges
From time to time, I am asked about the right of private citizens to initiate criminal charges by approaching a magistrate. The arrest warrant statute, G.S. 15A-304, requires only that a magistrate be “supplied with sufficient information, supported by oath or affirmation” to find probable cause. The statute doesn’t limit the source of that information […]
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Redmayne on Character in the Criminal Trial
Mike Redmayne (London School of Economics - Law Department) has posted Introduction: Character in the Criminal Trial (Oxford University Press, 2015) on SSRN. Here is the abstract: This is the introductory chapter to Mike Redmayne, Character in the Criminal Trial...
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Lose your Michigan Driver's License Restoration Case by Calling a Witness
It has been a while since I have addressed why I never call witnesses at a hearing in a driver's license restoration or clearance hearing. Within the very week that this article was written, I had 7 license restoration and clearance hearings at the Michigan Secretary of State Administrative Hearing Office (AHS, and formerly known as the DAAD) in Livonia. As I arrived at the building over those several days and waited with my clients for our hearing times to approach, I saw a number of lawyers (not those I see there with any regularity) march down the hall from the various hearing rooms and open the lobby door to fetch witnesses. Every time I see that, I cringe because calling witnesses, in my opinion, is a completely avoidable (and amateur) mistake. I am reminded of just how true this is almost weekly. It is simply goes with the territory that because of the sheer number of license appeals that I do (I had 31 license appeal hearings in the first 3 months of 2015),…
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Can An OUI Affect My Career?
Many people operate under the assumption that their business and personal lives are separate with little to no impact from one on the other. This isn't the case in many situations, however. For example, a conviction for operating a motor vehicle under the influence of alcohol or drugs may have a serious effect on your career. Employer Policies The professional consequences for a conviction for OUI in Maine will depend on your job and your employer's policies. Many companies view such a conviction as a sign that you are a safety risk when driving or operating equipment and they may not be willing to take that risk. Others are not willing to pay for the increase in their insurance premiums if they employ someone with such convictions. In addition, your driver license will likely be suspended; if your job includes driving, like making deliveries or other similar tasks, you won't be able to perform your duties, and your employer may not be willing to reassign you or…
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“Yes Means Yes:” Will California High Schools Teach Affirmative Consent in the Classroom?
Last year, California adopted a new approach to sexual assault cases that happen on state-funded college campuses. The new law became known nationwide for introducing an “affirmative consent” standard in all disciplinary hearings related to sexual misconduct. Six months after the law went into effect; two California legislators want high school health education courses to spread the word about the affirmative consent standard. Senate President Kevin de Leon and Assemblywoman Hannah-Beth Jackson announced the introduction of SB695, a bill designed to require school districts where health education is a graduation requirement to make sexual violence prevention a part of the curriculum. Part of that would be to educate young men and women on the affirmative consent law.1 What is Affirmative Consent? Essentially, the affirmative consent law puts the burden of proof on the accused in a university sexual assault disciplinary hearing to prove that their partner gave them…
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Hillary Clinton To Announce White House Bid on Sunday
The former First Lady, New York Senator and Secretary of State Hillary Clinton will announce her bid for the presidency this Sunday via a video according to published reports. The published reports indicate Clinton will immediately begin... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Update: University of Alabama Crimson Tide Defense Tackle Jonathan Taylor Charged with Domestic Violence
According to a recent news article from USA Today, University of Alabama Crimson Tide defensive tackle has been arrested and charged with domestic violence III, according to Tuscaloosa police officials. Police say they responded to an assist request from University of Alabama police in connection with an alleged victim who reported her boyfriend had assaulted her earlier that evening. Her boyfriend was Jonathan Taylor. After hearing about the alleged altercations between Taylor and his girlfriend, police determined they had probable cause to arrest him for third degree assault as well as domestic violence third degree criminal mischief. As our Birmingham domestic violence attorneys can explain, prosecutors routinely charge defendants with multiple separate criminal counts stemming from a single act of alleged criminal conduct. This does not mean all charges would actually hold up during a jury trial. Some charges are even considered mutually exclusive through…
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Facing life in prison, man pleads guilty to murder, armed robbery charges and gets 35 years
A man who was a teenager at the time he was arrested on murder and other charges, pleaded guilty this month and avoided a potential life sentence. The man, now 21, pleaded guilty in connection with the shooting death of an 18-year-old man in 2013, according to a report in the Florida Times-Union. He pleaded guilty to second-degree murder, armed robbery and possession of a firearm by an adjudicated juvenile delinquent, the newspaper reported. Both the murder charge and the armed robbery charge have a maximum sentence of life in prison. He was sentenced instead to 35 years in prison in this Jacksonville Murder Case. The murder charge carries a minimum sentence of 25 years on state prison. There were two people facing similar charges in this Jacksonville Murder Case and the second has not pleaded guilty. He is still awaiting trial, the newspaper reported. Cases like this always lead to speculation that the person pleading first will be testifying against the second…
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Highlighting and assailing Prez Obama's "weak approach to pardons" and Clemency Project 2014
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"What’s Right for Ohio: A Discussion about Marijuana Reform"
The title of this post is the title for a terrific event scheduled to take place on Wednesday, April 15, 2015 at 12noon in the William B. Saxbe Law Auditorium at The Ohio State University Moritz College of Law. I am so very pleased and excited that this event was...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/qUBV2ro0CbU" height="1" width="1" alt=""/>
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Defendant was charged with Burglary,
Defendant was charged with Burglary, Petit Larceny and Criminal Mischief arising from alleged incidents in complainant's apartment on two separate occasions. After a preliminary hearing before another judge, the felony charges were reduced and the matter held for trial. Defendant now moves for discovery of complainant's medical records and for a psychiatric examination of the complainant. A Bronx County Injury lawyer said that the complainant is a fifty four year old disabled veteran. At the preliminary hearing, he testified that he had suffered brain injury during World War II. As he put it, ". . . the rockets came and messed up my brains and paralyzed me." He also testified that he could not remember certain things such as the dates of the alleged incidents or how long he had lived in his present apartment; that he could not think "too good" and gets "mixed up"; and that he is not able to follow questions "too fast." On the…
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Exoneration Inflation and a Minor Correction on Debra Milke
Wednesday I appeared on the Diane Rehm radio show on WAMU, as noted and linked here. I got a considerable amount of feedback, most of it complementary. I did receive one sharply critical email, though, regarding Debra Milke, and I do need to make a correction. More broadly, the incident says something important about how folks on the anti side get their "facts."First, a note about debates. When I participate in one of these, I have no idea which cases the other side is going to bring up. I have to discuss the facts of them from a memory that may not have been refreshed for a long time, if indeed I am familiar with the case at all.I said that James Styers took Debra Milke's little boy out into the Arizona desert and put five bullets in the back of his head. (I had a Skype link with the studio. Ms. Rehm visibly winced at this point.) My critical correspondent points out that it was only three bullets. I stand…
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Liability for Bars for Over-Serving Alcohol
Colorado has what is called a “Dram Shop Act,” which establishes liability for licensed establishments that serve alcohol to a person under 21 or a person who was visibly intoxicated when that service results in an injury to a third …The post Liability for Bars for Over-Serving Alcohol appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
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Oklahoma DUI Checkpoints
As spring approaches, more law enforcement agencies are conducting DUI roadblocks or checkpoints. Many question the legality of the stops as they infringe on our rights to be free from unreasonable seizures. However, it isn't that easy. Oklahoma courts as well as SCOTUS have approved of the limited use of Oklahoma DUI checkpoints. This article explains Oklahoma DUI Checkpoints in more detail.John HunsuckerOklahoma DUI Lawyer
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Why are there no DUI checkpoints around Seattle?
Having recently been in Australia and experienced first hand a DUI checkpoint, it made me think again of the extra privacy protections we have in our automobiles in the Seattle metropolitan area. Unlike most States, the Washington State Supreme Court...
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