Florida prosecutor says he will not seek 15-year prison terms for sex-on-beach convictions
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<em>National Review</em> editors urge federal marijuana reform to be on "Constitutionalist Agenda for the GOP"
The National Review, an august conservative magazine, has this lengthy new commentary by editors Ramesh Ponnuru and Reihan Salam titled "A Constitutionalist Agenda for the GOP: How to start restoring respect for the Constitution." Here is point five on the agenda: Allow states to go their own way on marijuana:...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/qi2V13XU4MI" height="1" width="1" alt=""/>
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A Detective called and wants me to take a polygraph, what should I do?
There is some general confusion about the role of polygraph examinations in criminal cases. Let’s cover some basics. Polygraphs examination results are not admissible in a criminal trial. There was one really bad appellate opinion that seemed to open the door to that possibility, but it was reconsidered. So passing a polygraph really doesn’t help you in a criminal trial. Polygraphs can not detect if someone is lying. Instead they monitor blood pressure, pulse, respiration etc. The idea is that when you lie you body has a stress response that can be measured as “deception”. However, there are a lot of reasons someone could have these exact same symptoms while telling the truth. So why take one? You shouldn’t (at least not without a defense lawyer present), and if you are speaking with a detective about a criminal offense, you must hire a lawyer immediately. Polygraphs can be a set up to get you to confess, a ploy used to trick you into walking into…
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U.S Supreme Court case could result in dozens of Northeast Florida convicts coming off of Death Row
The U.S. Supreme Court will hear a case next year that could drastically change how the death penalty is handed down in Florida. The case could also result in more than 60 people from Northeast Florida on Death Row having their sentence reevaluated, according to a report in the Florida Times-Union. The decision will focus on whether or not a jury recommendation for the death penalty must be unanimous. Florida is one of only three states with the death penalty that does not require the jury to unanimously recommend death, the newspaper reported. In Florida, the recommendation only needs to be a majority of the 12 jurors and then the judge makes the final decision. Rarely, though, does a judge ever decide to go against the recommendation of the jury. The case was brought by a man in the Panhandle who is on Death Row after the jury recommended the death penalty by a 7-5 vote. Of the 75 people on Death Row from Northeast Florida, the newspaper reported, 62 were…
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"Revenge Porn" Soon to Become Illegal in Florida
A scorned paramour who posts nude images or video clips of an estranged ex-lover isn't likely to deemed great dating material. But as of this moment, they probably won't face criminal charges, at least in Florida. That is almost certainly going to change very soon. The practice, dubbed "revenge porn," is the subject of SB 538, a measure on sexual cyber-harassment. Recently passed by the Florida Senate 38-2, the bill is on its way to Gov. Rick Scott's desk for final approval. Most predict he will sign it.
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Erhöhte Strafdrohung für Diebstahl von Bankkundendaten: Bundesgesetz über die Ausweitung der Strafbarkeit der Verletzung des Berufsgeheimnisses tritt auf den 1. Juli 2015 in Kraft
Gemäss Medienmitteilung vom 8. Mai 2015 hat der Bundesrat das Bundesgesetz über die Ausweitung der Strafbarkeit der Verletzung des Berufsgeheimnisses per 1. Juli 2015 in Kraft gesetzt - die Referendumsfrist ist am 2. April 2015 ungenutzt abgelaufen. Das genannte Bundesgesetz geht auf die parlamentarische Initiative "Den Verkauf von Bankkundendaten hart bestrafen" (10.450) von NR Lüscher zurück; es will den Schutz von Bankkundendaten verbessern und deren Diebstahl höher bestrafen. Zu diesem Zweck sind Änderung in Art. 148 Abs. 1 lit. l sowie Art. 148 Abs. 1bis KAG, Art. 47 Abs. 1 lit. c und Art. 47 Abs. 1bis BankG sowie Art. 43 Abs. 1 lit. c und Art. 43 Abs. 1bis BEHG vorgesehen: Die heute geltenden Strafdrohungen werden ergänzt und inskünftig auf eine bis zu fünfjährige Freiheitsstrafe erhöht - wenn die Datendiebe die gestohlenen Daten verkaufen beziehungsweise sich oder anderen durch die Verletzung des…
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Assumptions and Police Officer's Super Human Eyesight Are not Sufficient for a Search and Seizure in Florida
In Florida, the police are not allowed to stop a person for a drug or other criminal investigation without reasonable suspicion that the person is engaging, just engaged or is about to engage in criminal activity. This reasonable suspicion standard requires more than just assumptions. There must be some specific evidence that reasonably leads a police officer to believe there is criminal activity afoot. In a recent case south of Jacksonville, Florida, the police officer was at a gas station in the evening as it was getting dark and observed the suspect enter into a hand to hand transaction with another person in the parking lot. The police officer was about 30 feet away, but he said he could see the suspect give the other person a rolled up baggie. The police officer assumed it was marijuana based on the neighborhood and the nature and short duration of the transaction. As a result, the police officer stopped the suspect, searched him and found marijuana in his pocket. …
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Canadian Judge Faces Scrutiny by Canada’s Federal Judicial Council
It’s been a busy few years for Canada’s Judicial Council, the body that reviews complaints against federally appointed judges in Canada. While all eyes and ears were focused on the lengthy and salacious Justice Lori Douglas Inquiry, which finally ended with the announcement of her voluntary retirement in November 2014, and the welcomed termination of the “dog and pony show” that the Inquiry became, other members of the Judicial Council have been anything but idle. In 2012 Quebec’s Chief Justice brought forward a complaint to the Judicial Council with respect to Superior Court Justice Michel Girouard, a 2010 appointment to the Quebec bench. A separate Inquiry of another Quebec judge was commenced in 2014. With far less media scrutiny than Lori Douglas endured, the allegations against Justice Girouard centre on informants who say the judge was a regular customer of a certain drug dealer in Val d’Or while he was a lawyer. More startling yet…
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Why conservatives should support TX bill authorizing non-government needle-exchange pilots
Though there are now many delayed bills ahead of it which weren't heard on Friday, in theory HB 65 by McClendon will be up for a floor vote on Monday in the Texas House of Representatives. Or perhaps it will now be delayed until Tuesday if debate on the bills before it go long.Either way, there's reason to think needle-exchange legislation could succeed this session when it's failed in the past. In 2013, an earlier version of McClendon's bill failed to pass the House on a tight 63-70 vote following an unusual bout of parliamentary back and forth. At root, opponents objected to using taxpayer money of any sort to pay for needles for addicts.New bill, new dynamicWhich brings us to this year's bill: In committee, a faction of Tea Party legislators combined to block the original version, which would have allowed hospital districts or public-health departments in seven pilot counties (Harris, Dallas, Bexar, Travis, El Paso, Nueces, and Webb) to operate…
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Highlighting the high taxes facing those in the legal business of marijuana highs
This New York Times article, headlined "Legal Marijuana Faces Another Federal Hurdle: Taxes," highlights the headaches that tax realities pose for state-legal marijuana regimes. Here are excerpts: The country’s rapidly growing marijuana industry has a tax problem. Even as more states embrace legal marijuana, shops say they are being forced...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Ex0v1npJe6M" height="1" width="1" alt=""/>
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"Too Many People in Jail? Abolish Bail"
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Have You Or A Family Member Been Devastated By The Misconduct Of Others?
Monmouth County Criminal Lawyer Ian Goldman represents personal injury victims who have been devastated by the misconduct of others. We have witnessed the tragedies that many families face under unfortunate and unforeseen circumstances. IMG Legal Group understand that our clients need swift justice and demand aggressive representation. Put your trust in Monmouth County Personal Injury Lawyer Ian Goldman. Contact Red Bank, NJ Criminal Defense Attorney today. Visit us on line at
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Injury Crash US12@30, near Orofino
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 #: L15000540 District: Two --------------------- PRESS RELEASE ----------------------------- DATE: 5/10/15 TIME: 12:56 PM LOCATION: EB US12@30, near Orofino ASSISTING AGENCIES: Nez Perce County Sheriff's Office, Clearwater Sheriff's Office, ------------- VEHICLE #1 DRIVER: Edith C. Shapiro AGE: 63 ADDRESS: Orofino, ID INJURIES?: Yes. HOSPITAL TAKEN: Clearwater Valley Hospital VEHICLE YEAR: 2001 VEHICLE MAKE: Buick VEHICLE MODEL: LeSabre WRECKER: Jackson's SEATBELT WORN?: Yes VEHICLE #2 DRIVER: Vikter J. Pedersen AGE: 28 ADDRESS: Juliaetta, ID INJURIES?: None. HOSPITAL TAKEN: NA VEHICLE YEAR: 2011 VEHICLE MAKE: Toyota VEHICLE MODEL: Tundra WRECKER:…
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Mary Kellett Story Update (Prosecutorial Misconduct Case)
Here is the video that began the whole story and the final opinions to be released shortly.Long time coming, but sometimes process can be slow.Please see my original post on the subject.Here is that opinion:http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
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Chicago DUI roadblocks are targeting low-income neighborhoods light on DUI? Find out why.
Chicago DUI roadblocks are targeting low-income Black and Latino neighborhoods, where the actual known incidence of DUI is low, compared to several more affluent neighborhoods. This isn't just more of my typical anti-roadblock screed. This is according to a Chicago Tribune report this weekend. The Trib notes there are significantly more Illinois traffic tickets being written than DUI citations. In an amazingly rare moment of journalistic sobriety regarding DUI (see what I did there?), the Trib notes that "data shows no clear indication that a high number of checkpoints equates to few alcohol-related crashes." Welcome to the party.They get close to the reasons for the Chicago Police to place roadblocks where they do, but noting that this gives the police a chance to check for warrants is just the start.Here's the truth . . .Key in on the low-income neighborhood. They're not looking for DUI, really. They're looking for warrants, driving on a…
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Case o' The Week: ICE, ICE, Baby - Torralba and Expert / Cop / Lay Opinion
So, the ICE Agent testifies as an expert. And as a lay witness. And narrates surveillance video. And interprets phrases on calls. And opines as to the conspiracy leadership. Just think of it as cost-containment (consider the government's savings on witness fees). United States v. Torralba-Mendia, 2014 WL 1903831 (9thCir. Apr. 28, 2015), decision available here.Players: Decision by visiting D.J. Joseph Murphy, joined by Judges Tallman and Rawlinson. Facts: ICE investigated a human smuggling operation in Arizona for three years. Id. at *1. Agents observed and heard Torralba driving suspected undocumented immigrants for an involved shuttle service, doing counter-surveillance, and reporting whether ICE checkpoints were in operation. Id.At trial the government called ICE Agent Frazier as both an expert and a lay witness. Id. at *2. Agent Frazier testified how smugglers avoid checkpoints and provided ways to “distinguish between a guide…
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Criminal Lawyer For Arrest On Misuse Of Credit Cards (O.R.C. 2913.21) In The Cleveland, Ohio Area
Cleveland Misuse Of Credit Cards (O.R.C. 2913.21) Defense Attorney Misuse of Credit Cards (O.R.C. 2913.21), or credit card fraud, is a charge that can be applied both to those who use a credit card fraudulently, as well as those who knowingly provide goods or services, or report that goods and services were provided, when a fraudulent credit card is used. Read More
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Criminal Defense Attorney For Forgery – Forging Identification Cards Or Selling Or Distributing Forged Identification Cards (O.R.C. 2913.31) Charges In The Cleveland, Ohio Area
Cleveland Theft Defense Attorney For Forging Identification Cards Or Selling Or Distributing Forged Identification Cards (O.R.C. 2913.31) Charges While many theft crimes in Cleveland are prosecuted as misdemeanors, it is considered especially egregious when a person forges the signature of another in order to legitimize a document like a check or other instrument. Read More
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Criminal Simulation (O.R.C. 2913.32) Defense Attorney In The Cleveland, Ohio Area
Criminal Simulation (O.R.C. 2913.32) Defense Attorney In The Cleveland, Ohio Area Criminal Simulation (O.R.C. 2913.32) in Cleveland is the crime of altering a thing in order to fraudulently increase its value. Specifically, fraudulently creating or changing an object so that it is perceived to be more rare, precious, or appears to have an authorship it does not possess is prohibited under the statute, as is using deception in the making, editing, or retouching of a photograph, movie, or audio recording. Read More
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Criminal Defense Lawyer For Making Or Using Slugs (O.R.C. 2913.33) Arrest In The Cleveland, Ohio Area
Cleveland Theft Defense Lawyer For Making Or Using Slugs (O.R.C. 2913.33) Charges A slug is an object that simulates a coin that is inserted into a coin-operated machine in order to receive goods without paying for them. Read More
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