Tying in with my last article about probation violations, the inspiration for this installment comes from a recent experience handling a DUI probation violation in a case that also involved a possession of marijuana charge. I was in one of the indisputably "toughest" Courts in Michigan, and certainly in the Detroit area. My client, who, after being charged with both drunk driving and possession of marijuana, had used a court-appointed lawyer, was facing his first probation violation. It became clear to me early on that much of the problem, and "problem" will become an important word here, was the utter lack of proper representation in the underlying drinking and driving and marijuana cases, which, when coupled with the tough court where the case was pending, combined to exacerbate a potential nightmare. The remaining background here is simple; the client had tested positive for drinking while on probation. Because he used a court-appointed lawyer, his…
DUI in Metro-Detroit - The cost of a bad Lawyer
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Sekhon on Purpose, Policing, and the Fourth Amendment
Nirej Sekhon (Georgia State University College of Law) has posted Purpose, Policing, and the Fourth Amendment ((Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract: Fourth Amendment cases are replete with references to “purpose.” Typically, these...
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Final Update - Crash blocking Southbound I15 at 103.5
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: Friday, April 24, 2015 9:16 p.m. Please direct questions to the District Office ***Final Update*** On April 24, 2015, at 3:57 p.m., Idaho State Police investigated an injury crash southbound on I15 at mile marker 103, near the Blackfoot Rest Area. Jesus Garcia-Moreno, 55, of Enumclaw, WA, was driving southbound on I15 in a 1994 Nissan Sentra at a low rate of speed. Brad Ralphs, 60, of Rockland, ID, was behind Garcia-Moreno in a 2013 Kentworth semi, hauling potatoes. Ralphs attempted to swerve right to avoid a collision, but struck the rear of Garcia-Moreno's vehicle. Garcia-Moreno went off the left shoulder and Ralphs' truck overturned on its side, blocking traffic. …
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DEFENDING A SEX ASSAULT CHARGE WHAT IS COLORADO’S RAPE SHIELD LAW?
If you are charged with a SEX ASSAULT or any other SEX ASSAULT RELATED OFFENSE in Colorado we can help. Colorado has over 45 separate and distinct sex offenses. A Sex Assault charge is extremely serious. Most Felony Sex Assault crimes in Colorado carry a potential life sentence to be served in the Colorado Department of Corrections. ATTORNEY PETER B, ALBANI IS ONE OF COLORADO’S PREMIER CRIMINAL DEFENSE ATTORNEYS. MR. ALBANI HAS DEDICATDED HIS LEGAL CAREER TO DEFENDING CLIENTS ACCUSED OF SEX ASSAULT, SEX ASSAULT ON A CHILD, POSITION OF TRUST, PATTERN OF ABUSE, AND OTHER SEX CASES. FOR MORE THAN 30 YEARS MR. ALBANI HAS SUCCESSFULLY DEFENDED HUNDRED OF SEX ASSAULT CASES. MR. ALBANI DEFENDS ALL FELONY SEX OFFENSES AND ALL MISDEMENAOR SEX OFFENSES. MR. ALBANI REPRESENTS BOTH ADULTS AND JUVENILES. CALL MR. ALBANI TODAY AT (303) 753-0900. I am often asked about Colorado’s Rape Shield law. Common questions include the following: Where do I find the Rape…
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Barack Obama is a Holocaust Denier: Part 6
As a candidate for President of the United States, Barack Obama made a promise to the Armenian people. This was not a sort-of-promise. There was no ambiguity. Here is what Candidate Obama promised: I also share with Armenian Americans – so many of whom are descended from genocide survivors - a principled commitment to commemorating and ending genocide. As a senator, I strongly support passage of the Armenian Genocide Resolution (H.Res.106 and S.Res.106), and as President I will recognize the Armenian Genocide. There is no wiggle room there, is there? As President, what has Barack Obama actually done? For each of his six years in office, President Obama has denied the Armenian genocide. LA Times, Armenian hopes crushed as Obama decides not to use the word 'genocide' (April 21, 2015). Obama's broken promise, while showing he and his supporters are gutless hypocrites, has legal implications. There are certain…
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Second Degree Aggravated Harassment Charged Dismissed: Bogus NY PL 240.30 Arrest Dismissed after Complainant’s Allegations Exposed as False
Nobody likes to falsely be accused of wrongdoing. Even worse, nobody ever wants to be accused of a crime he or she did not commit. Whether in New York City or any other city or state, the consequences of an arrest are often devastating to one’s mental health and one’s career and future. Unfortunately for a Crotty Saland PC client, after a former lover made bogus allegations of Second Degree Aggravated Harassment (New York Penal Law 240.30), detectives with the NYPD arrested, incarcerated our client over night, and presented the case against our client to prosecutors. Right or wrong, due to New York’s strict domestic violence laws and NYPD policies, the mere allegation of Aggravated Harassment was enough for an arrest even though no corroboration of the complaint existed at the time of the allegation or anytime thereafter. Fortunately, due to the diligence of our criminal defense lawyers, what started off as a nightmare ended with full exoneration and…
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Single-Vehicle Rollover Crash Near the East Boise Port of Entry
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: 04/25/2015 at 4:04 a.m. Please direct questions to the District Office On April 24, 2015, at 9:37 p.m., Idaho State Police investigated a single-vehicle rollover crash eastbound Interstate 84 at milepost 64, near the East Boise Port of Entry. Blanca Espinoza, 29, of Mountain Home, was traveling eastbound on Interstate 84 in a 2003 Lincoln Navigator, when she struck an object in the roadway and lost control of the vehicle, rolling onto the right shoulder. Espinoza and her passenger, Frank Medina, 51, of Nampa, were transported by ground ambulance to Saint Alphonsus Regional Medical Center in Boise. Both occupants were wearing seatbelts. The right lane of eastbound travel…
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Felony DUI Charges and How Your DUI Lawyer Can Help
What is a DUI? Colorado law enforcement refers to drunk driving offenses as either DUI (Driving Under the Influence), triggered by .08% or higher Blood Alcohol Concentration (BAC), or DWAI (Driving While Ability Impaired), triggered by .05% BAC or higher (but less than .08% BAC). Driving under the influence of alcohol or drugs is not a good idea. If you happen to find yourself in this situation, there are several options open to you. First thing, call a DUI lawyer to learn about what you should do next. What is a felony DUI? A felony is considered a more severe DUI offense. It implies that while driving under the influence, the damages were more destructive and dangerous to society. It may imply serious injury or death. A felony DUI can also be referred to as vehicular assault and vehicular manslaughter if someone is killed as a result of driver recklessness under the influence of alcohol or other narcotics. There are roughly five circumstances under which a DUI charge is…
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But For Video: Very Professional Edition
During most of the encounter, Round Rock Officer Ben Johnson was calm and under control. There were no overt signs of anger or frustration, and he was, indeed, the very model of a police officer doing his job. Which is why it’s all the more incomprehensible that he suddenly threw 27-year-old Viviana Keith down on the pavement. The video is bad enough from the side, but the dash cam video reveals . . . nothing. A bit of mouthing and maybe a little pulling of the arms, which were already behind her back, but nothing remotely suggesting force or threat. So down he takes her. Keith, with her 6-year-old daughter, is alleged to be drunk at a strip mall nail salon in Texas. Whether that’s unusual is hard to say, but police were called and Officer Johnson arrived to deal with the drunk lady and kid. Fair enough. Then boom, he takes her down. Why? “The officer was very professional, was talking to her calm, he wasn’t excited, he…
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What Really Bothers You About Free Speech?
A brief post, with a few links was posted at Metafilter on the issue of colleges and universities becoming “non-free speech zones.” Free speech is so last century. Today’s students want the ‘right to be comfortable’ in British Universities. The New York Times chimes in on this side of the Atlantic. Popehat offers a possible explanation. It was followed up by a comment about how a debate on abortion at Oxford’s Christ Church was scuttled after feminists vehemently objected to “two human beings ‘who do not have uteruses’” engaging in such a debate: I was attacked by a swarm of Stepford students this week. On Tuesday, I was supposed to take part in a debate about abortion at Christ Church, Oxford. I was invited by the Oxford Students for Life to put the pro-choice argument against the journalist Timothy Stanley, who is pro-life. But apparently it is forbidden for men to talk about abortion. A mob of…
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Parlament: Motionen NR Egloff zum eGRIS (elektronisches Grundstücksinformationssystem)
Nationalrat Hans Egloff (SVP/ZH) hat am 20. März 2015 gleich drei Motionen (15.3319; 15.3320; 15.3323) eingereicht. In der Sache geht es dabei um eGRIS (elektronisches Grundstückinformationssystem). Dieses ermöglicht den Informationsaustausch im Grundbuchwesen schweizweit mittels einer elektronischen Plattform. Das Bundesamt für Justiz arbeiten dazu – im Rahmen einer Public Private Partnership (PPP) – mit der SIX Group zusammen. Die Motion 15.3319 mit dem Titel, "Zugriffsverträge zu eGRIS strenger regeln", verlangt vom Bundesrat Art. 28 GBV stärker einzugrenzen. Dabei soll insbesondere Art. 28 Abs. 1 lit. c GBV (Zugang für Rechtsanwälte zu den Daten, die sie zur Ausübung des Berufs benötigen) gestrichen werden. Nach der Vorstellung der Initianten, sollen alle Personen und Berufsgruppen, die nur punktuellen Zugang zum Grundbuch brauchen, Anfragen wie bis anhin via die Grundbuchämter tätigen und…
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Lots of thoughts for and about new Attorney General Loretta Lynch
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SCOTUS confirms that traffic stops must be concluded in a reasonable timeframe, and may not be prolonged without an independent lawful basis to do so.
By Fairfax County/Northern Virginia criminal defense lawyer Jon Katz. Fighting for the best outcome for DWI/DUI, drugs, marijuana, sex charges, felonies and misdemeanors. On April 21, 2015, the United States Supreme Court resolved a federal circuit court split by ruling 6-3 that traffic stops must be concluded in a reasonable timeframe (already settled Supreme Court caselaw), and may not be prolonged without an independent lawful basis to do so (which was the source of the circuit court split). Rodriguez v. U.S., _ U.S. _ (April 21, 2015). On the one hand, Rodriguez is a good decision for nixing the concept that even a brief police detention is allowed -- in Rodriguez's case for a drug dog sniff of the exterior of his car, which led to the discovery of a large quantity of methamphetamine -- once a traffic violation investigation is concluded and the traffic tickets or written warning issued within a reasonable amount of time,…
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The Story of a Minor Crime
We are told more and more that minor property crimes should not be punished with jail. That was the principal rationale' for California's passage of the predictably disastrous Prop 47. We need to be "smarter" about sentencing -- use our resources better, don'tcha know.Here is the story of a "minor property crime" I ran across a few days ago just listening to the local news:LANGLEY PARK, Md. (WUSA9) -- A four-year-old boy's wheelchair was stolen from a building in Langley Park, according to Prince George's County Police.The theft occurred Sunday night in the lobby of an apartment building on Merrimac drive, police said.Surveillance video shows the suspect pushing the empty wheelchair through a parking lot.The family of four-year-old Joshua shared a video of her son. "This family already faces challenges and shouldn't be burdened with the emotional and financial stress of the theft of this wheelchair. The…
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Bali 9 Duo Get 72 Hour Execution Notice
Bali 9 inmates Myuran Sukumaran and Andrew Chan have received their official notification that they will be executed imminently -- as soon as Tuesday. Indonesian law requires they be notified at least 72 hours before the killings. Another inmate... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Important Things to Consider Before Hiring a Criminal Defense Attorney
When you have been arrested and accused of committing a crime, or you are under investigation, you need to find a criminal defense attorney immediately. With the internet at your fingertips, it is hard to determine which attorney is perfect for your situation. Do you pick the attorney who seems to be advertising the most, or do you pick one after carefully considering what is important to you during the duration of an attorney-client relationship. The smartest way is to pick one after a careful consideration of different factors. Attorney’s Professional Background When you call a criminal defense lawyer to inquire about her services, you need to be aware of her experience level in handling criminal matters. Some of this information can be obtained online. In California, the State Bar of California has an attorney search function on their website which will allow you to view the attorney’s college and law school graduation…
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Faulty Breath Test evidence in Massachusetts undermines the reliability of OUI convictions
The news this week of errors with breath testing in Massachusetts has had a major impact on the prosecution of drunk driving cases and raises the potential of hundreds of wrongful convictions and or wrongful pleas that were not supported by accurate evidence. One reason this has occurred is the ease with which prosecutors can admit breath test evidence at trial. The Commonwealth can admit the results without calling any witness that knows anything about how the machine operates. At a trial, the breath test operator will typically testify that they are taught to push the button, wait for the machine to run its self checks and if the machine does not report any error, the results are fine. The officer will often admit to not understanding the science behind the machine. The Commonwealth is not required to call any expert witness from the Office of Alcohol Testing to verify the accuracy of the results. In a case known as Commonwealth v. Zeininger, 459 Mass. 775 (2011), the…
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In A New York DUI And DWI Case Does The Two Hour Rule Exclude Testimony of a Refusal
In New York DWI and DUI cases there used to exist a two hour rule which applied to the exclusion from evidence of a chemical test result that was performed more than two hours after the arrest of the motorist. This rule was also applied in the New York DMV to exclude into evidence at the DMV refusal hearing a refusal to take a chemical test. There has been a shift in the law that goes back several years that states that a chemical test performed 2 hours after the arrest is admissible at trial and a more recent shift in the DMV refusal hearing rules not to exclude a refusal that was more than two hours past the arrest. If you have any questions about a DWI, DUI, DWAI, DWAI by drugs please contact us at 917-744-6593 and you will be speaking with an attorney for a free consultation.
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Do I Need a Lawyer for New York and Connecticut College Fraternity / Sorority Hazing Investigations?
Now more than ever, colleges and universities in Connecticut and New York are coming down hard on fraternities, sororities and college students for Animal House-type behavior that was normally tolerated on college campuses nationwide. Moderate underage drinking, marijuana use, and harmless hazing activities were discouraged but not prosecuted on Connecticut college campuses. But as the best New York and Connecticut school discipline lawyers and attorneys have recently observed, a few bad apples have ruined it for the bunch. Several recent high-profile campus deaths, rapes, sex assaults and hazing arrests have left Connecticut college and university officials with no choice but to enforce stricter campus rules and regulations, and subsequently punish students with stiff penalties such as suspensions and expulsions. Not only is this unfair, but it leaves these students with a permanent black mark on their transcripts, affecting their ability to get into any other college and grad…
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Painting the Criminal as Victim
Anyone who spent as much time as I did watching allocution knows how routine it is for defense counsel to try to turn the client into the victim. In a sense, I don't blame them. What else are they going to say? They can't very well just tell the plain truth -- that the client did it because he gets his kicks hurting people and thinks rules are for suckers. That's not the world's most persuasive pitch for leniency.It's thus one thing, and understandable, for defense counsel, and the culture in which criminal defense takes root, to make this sort of argument. It's another when anyone else buys it, much less makes a fetish of it. But that's what happened in a fairly prominent case last week in Minnesota, in which six Somali immigrants were arrested for plotting to join the world's most notorious throat-slitters, ISIS.In a remarkable statement, US Attorney Andrew Luger said that the plot was…
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