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What if I am forced to bring illegal drugs into the United States?

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Suppose for instance that you are sipping a margarita in Rosarito Beach , Mexico. You are approached by armed men and told that you must carry a package of methamphetamine, cocaine, or heroin in your car into the United States or your relatives who live in Mexico will be killed. Or perhaps you are visiting an ex-boyfriend in Tijuana. He tells you that he knows where your family lives and unless you do him “this little favor” of smuggling narcotics across the international border, he will hurt you. If you bring drugs into the United States and are caught do you have a defense under federal criminal law? The short answer is unless you tell authorities at the border that you have drugs in your car and why you have them, you probably don’t have a defense. The defenses to federal drug crimes, as determined by the appellate court that controls the border area in Southern California, the Ninth Circuit Court of Appeals, has greatly restricted a duress related…

Cops Get Away With Murder… Or Not

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Finally. A cop is being treated like any normal citizen. Well, almost. It took a real live caught-in-the-act video to make this happen. The common thread in the so-called “expert” analysis is that if Officer Slager had not been caught on tape he never would have been charged. I’m a bit frustrated that my last post got lost in the tech wilderness. I wrote it several days before this horrible incident happened in North Charleston. If it had posted before this shooting it would have looked like a prediction. But, then again, who wants to predict someone being killed? However, I do have a prediction about this case that will probably surprise you. As I said in my last blog, for those of us who have been talking to the “collective wall” that is our criminal justice system for years, trying to persuade everyone that there is such a thing as dirty cops, it is a relief to see so much misconduct being aired in public for all to see, thanks largely to cell…

Semi crash westbound I-84 at milepost 8

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 4/11/2015 10:31 a.m. Please direct questions to the District Office On Saturday, April 11, 2015, at 4:46 a.m., the Idaho State Police investigated a one-vehicle, injury crash westbound I-84 at milepost 8, approximately one mile west of New Plymouth. James Mills, 40, of Caldwell, was eastbound on I-84 in a 2012 Volvo semi pulling three trailers. The semi went off the left shoulder of the eastbound lanes, crossed the median and both westbound lanes, colliding with the guardrail on the right shoulder of the westbound lanes. The semi went through the guardrail, coming to rest down an embankment. Mills was transported to St. Luke's Clinic in Fruitland by ground…

Aggressively Helping You Protect Your Freedom!

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Attention and Quick Actions Set The Potter Law Firm Apart Cal Potter has experience in fighting for your future, and he doesn’t take it lightly when he’s fighting for your family, your job and to keep your freedom. Mr. Potter has served the Metro Las Vegas area for over 30 years and is knowledgeable of the legal statutes of Nevada as well as the rights of an individual. He uses the details from his extensive investigation in his presentation before the judge, and this precision is what sets him apart from other criminal lawyers. But, Mr. Potter does not have the wait and see approach of some lawyers; he is committed to winning your case from the moment you become his client. In contrast to the laid back approach, Cal Potter believes there is no time to waste, and he begins to take immediate action even before the first court date or before he has received the police reports. This allows him to begin immediately preparing the investigation. The Potter Law Firm…

Who do you recommend for a DUI Bail Bondsmen in Washington?

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Stay out of Jail. I really like Lacey O'Malley. They are very personable, care about their clients and do a great job. See Lacey O'Malley See video on how bail Bonds works: How do Bail Bonds Work?

SEITLES GONNA SAVE YOU

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A big well done, well done indeed, to Marc Seitles and Ashley Litwin (who argued the case) and Marcia Silvers who obtained a reversal of 454 concurrent life sentences for a 24 year old young man who on a first offense was convicted of possessing 454 pornographic pictures.The opinion is below.While we have no quibble with the reasoning, it almost seems like the court was result oriented and wasn't going to let the 454 life sentences stand when the defendant could have been charged with one second degree felony count of possession with intent to distribute.True there was a Miranda violation, but the defendant then subsequently waived Miranda and gave an admission. In some parts of the appellate world, such a set of facts would be relegated to the ash heap of "harmless error". Don't get us wrong. We are thrilled at the result, as should be counsel and their client. But something tells us if this client was treated fairly to begin with, and…

Eric Holder Gets One Right

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I have frequently been critical of Attorney General Holder, but I believe in giving credit where credit is due, and it is due here.On the other hand, that he feels like he has to issue such instructions is a sorry comment on where DOJ is after more than six years of his "leadership."

The Medical Examiner found that the victim suffered a gunshot wound

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The defendant was indicted for Murder in the Second Degree and other related crimes. During this nonjury trial, the issue of causation of death was presented to this Court. The defense alleged that the victim had recovered from the gunshot wound he suffered and actually committed suicide by refusing nourishment and medical treatment. A Bronx County Injury lawyer said that on October 17, 1991, the victim suffered a gunshot wound to his head while driving a cab in Bronx County. He was removed to Lincoln Hospital where he was diagnosed with a gunshot wound to the neck with transection of the right internal carotid artery and facial nerve paralysis. The victim contracted pneumonia which was treated and eventually cured. Since the victim continued to have difficulty speaking and swallowing a month after his admission, testing was performed but revealed no significant personal injury. The victim communicated by writing on a note pad and nodding in response to questions. He was…

DUI Attorney Fee - Payment Plans Available?

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Yes/No. Obviously, it depends on the DUI attorney. Many in the Seattle metropoliation area require full payment of the fee in advance. However, our office offers very flexible monthly payment plans for your DUI attorney fee. (minimum down payments vary...

Reviewing Massachusetts' "long and tortured history" with the death penalty

Understanding Electronic Home Monitoring in Minnesota

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When it comes to a Minnesota DWI, most convicted drunk drivers face license suspension, hefty fines, and even jail time. The good news for offenders is that there are numerous alternative sentencing methods that can replace time behind bars. One of the most common alternative sentencing methods is electronic home monitoring or EHM. Under electronic home monitoring, the DWI offender is allowed to serve the time at home instead of in jail. If the judge rules that a DWI offender qualifies for EHM, then the offender’s jail time may be … [Read more...] The post Understanding Electronic Home Monitoring in Minnesota appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

Edelman on Gambling Laws and Daily Fantasy Sports

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Marc Edelman (City University of New York - Baruch College, Zicklin School of Business) has posted Navigating the Legal Risks of Daily Fantasy Sports: A Detailed Primer in Federal and State Gambling Law (University of Illinois Law Review, 2016 Forthcoming)...

Saturday Night Open Thread

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I've been offline for a few days. I'll be back soon. In the meantime, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

What is the test protocol for the Portable Breath Test (PBT)?

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In Washington State, the PBT is used by law enforcement to find probable cause to arrest for DUI or Physical Control. The PBT is administered at the scene of the DUI stop. It is not used in the case-in-chief that...

New York Court of Appeals Abandons The Law

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Among the few saving graces of the New York Court of Appeals was its stand-alone protection of constitutional rights.  Not that it was some long-haired hippie throw-back to the Warren Court, but that there was a long tradition of the top court refusing to trot in lock-step with the United States Supreme Court when it came to finding novel excuses to ignore the Bill of Rights, or the local flavor, Article I, § 12 of the New York Constitution. Say bah-bye, as the Court of Appeals, in an opinion by one of its newest judges, Leslie Stein, capitulated to one the most doctrinally bizarre and incomprehensible decision ever issued by the Supremes, Heien v. North Carolina.  So much for New York protecting constitutional rights. So much for New York defending its own Constitution. And reason? Be damned. Lest anyone forget the brilliance of Heien, the Supreme Court held that a police officer can possess probable cause not only for a mistake of fact, which is disturbing…

Selbstleseverfahren, Band 105

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Foto: PlaceIt.net Wenn eine lügt Selbstjustiz nach Vergewaltigung — Teenager vor Gericht Erfundene Vergewaltigung: 37-Jährige muss in Haft Die Ewige Suche nach der Wahrheit Das dritte Auge des Gesetzes Guantanamo ist vielleicht gar nicht so weit weg Gutachter schätzen Rückfallrisiko von Straftätern zu hoch ein Wenn nur die Hautfarbe zählt Tappte Wolfgang Koszics in eine Falle? Boykott am Kiosk Yeah, greif nach den Sternen, werde einer von uns — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter — Facebook — Google + | Impressum Der Eintrag Selbstleseverfahren, Band 105 erschien im Original: Strafakte.de

Big Fish, Small Fish and Sting Rays

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Not that anyone paying even a modicum of attention is unaware that there’s a cool box around that mimics cell sites so that it picks up your cellular communications, colloquially referred to as the Sting Ray, but that law enforcement has been using it with reckless abandon and without judicial approval. Ah, good times. The excuse proffered is that Harris Corp., maker of the cell site simulator, required a non-disclosure agreement of law enforcement, and you know how law enforcement feels so strongly about its duty to uphold the law.  Unfortunately, some judges haven’t gotten with the program, and compelled the disclosure of both the NDA and the technology, causing sad cop tears at the idea that the bad guys will learn about the tradecraft. Bad news for the cops is good news for the bad dudes?  Ironically, yes, but not for the reason one might expect.  It’s not that the gangsters are busy pouring over the schematics of Sting Rays to figure out…

Bob Dylan at the Lyric

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My wife and I have tickets to see Bob Dylan at the Lyric. This is good news. I like Bob Dylan. And although my wife may not be terribly enthusiastic about his music, she is always happy to go out. Besides, the Lyric is just a couple of blocks from our house. We won’t need to worry about parking. * * * * * The (youngish) mother of a juvenile client hears me tell Wayne my investigator about the concert.  “Bob Dylan,” she says.  “Isn’t he the guy who sings the song about knowing when to hold them and knowing when to fold them”? “No,” I say.  “That is Kenny Rogers.” There are so many songs.  It is hard for me to choose which ones to mention.  “The Times They Are A Changing.” I tell her.  “All Along the Watchtower.  It’s A Hard Rain That’s Gonna Fall.  Knocking on Heaven’s Door.” She looks at me.  Then she breaks into the Kenny Rogers…

Body cams, raise-the-age, overdose prevention, and other weekend links

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Grits was ridiculously busy last week, so blogging was light. Here are several items which merit readers' attention even if they didn't make it into independent posts. An editorial from the SA Express-News wondered whether data on the effectiveness (or lack thereof) of the DPS border surge are "being purposely withheld because they will hurt the case for this border surge?" Grits wonders, "Surely that's a rhetorical question?" My bet: Those details will be released as soon as it's too late for them to affect the Legislature's border-related budget debates. R.G. Ratcliffe at Burka Blog has been all over this issue lately.The Texas Observer had a good article on the status of legislation related to body cameras. Here's more on the subject from the Texas Tribune, the Dallas Observer, the Dallas Morning News, and the Austin Statesman. The editorial board at the Waco Tribune-Herald made the case for raising the age of criminal…

Should I request an attorney before I take the breath test?

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Absolutely. Upon arrest for DUI, you should ask to speak with an attorney immediately or as soon as possible. Do not make any statements to the police. There is an attorney (public defender) on call for that purpose. The officer...
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