In an article published on Tuesday in the Atlantic, Conor Friedersdorf writes about something that people may not know happens in this country: civil-asset forfeiture abuses—instances in which federal law enforcement seizes personal property at gun point from individuals who have not been convicted or even charged with any crime. Specifically, Friedersdorf writes about the recent case of Joseph Rivers, a 22-year-old from Romulus, Michigan, from whom Drug Enforcement Administration (DEA) agents took his money—$16,000—with little explanation and claim that they are not legally obligated to give it back. According to the article, in April, Rivers boarded a cross-country Amtrak train bound for Los Angeles. He was carrying with him $16,000 in cash that he and his mother had saved over the years. The money was going to be used to help him get his start in a career making music videos. But during a train station stop in Albuquerque, New Mexico,…
Civil-Asset Forfeiture: Seizure of Personal Property Because You Look Guilty
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Kerr on Computer Trespass
Orin S. Kerr (The George Washington University Law School) has posted Norms of Computer Trespass (Columbia Law Review, Forthcoming) on SSRN. Here is the abstract: Federal and state laws prohibit computer trespass, codified as a ban on unauthorized access to...
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Right to a Public Trial
Last fall the Texas Court of Criminal Appeals in Austin, the highest Court for criminal cases in Texas, re-visited questions about the defendant’s right to a public trial. The appeal was from a smaller jurisdiction. Appeals involving questions about public trials do not seem to come up as often in Dallas or Fort Worth appeals, probably because the courtrooms are large, and if there is an issue about child complainants, arrangements can be made for remote testimony. The Court of Criminal Appeals already wrote about the right to a public trial issue in 2012. In that case, the Court determined that the right to a public trial outweighed prospective juror discomfort. Specifically, the defendant was entitled to have a new trial because members of his family were excluded from the courtroom during the jury selection process. The judge did not consider reasonable alternatives to concerns about courtroom security. In a situation that is…
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Train Accident Lawyer | Amtrak Derailment Philadelphia
Saile Law would like to extend our deepest sympathies to the victims and their families who were injured or killed in the May 12th Amtrak derailment in Pennsylvania. Preliminary investigations are underway, and while there are no definitive answers, train speed, human error, and lack of a certain safety system may be contributing factors to this deadly crash.Negligence in Fatal Train Derailment CrashesAccording to information from National Transportation Safety Board (NTSB) board member Robert Sumwalt, the train was traveling approximately 106 mph when it approached a curve where the speed limit was only 50 mph. Train engineer Brandon Bostian said he applied the full emergency brake a few seconds before the train derailed, according to media reports. The derailment occurred a mere 11 minutes after leaving the Amtrak station in Philadelphia.In an interview that recently aired on 'Nightline,' Bostian's lawyer, Robert Goggin, speaking on behalf of his client…
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Don Quixote Found Mentally Competent
The Supreme Court of La Mancha, in a decision announced by Chief Justice Ruth Bader Ginsburg, found that Don Quixote, alias Alonso Quixana, does not require a guardian. Kali Borkowski reports for SCOTUSblog on the proceedings at the Shakespeare Theatre Company. Although there were only five justices in contrast to the SCOTUS nine, it was still a hot bench.The first question from the bench came from Chief Justice Ginsburg, who pointed out that Goldstein had filed a brief titled "Retort courteous." But because Alonso was the petitioner in the case, he should be petitioning, rather than retorting: "So," she suggested, "it seems you should be terminated for ineffective assistance of counsel." Goldstein countered, "Your honor, your views on procedure are notorious."In a follow-up, the Chief Justice worried that Alonso was a danger to both himself and windmills. Goldstein assured her that the windmill would be ok, and that,…
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I was in a motorcycle accident without a license, will it affect my claim?
In Pennsylvania, those who want to operate a motorcycle must have a Class M (motorcycle) license. To receive a Class M license, take a basic motorcycle course, and a vision and knowledge test.However, despite the licensing requirements, not all motorcyclists in the state ride lawfully. If you were in a motorcycle accident without license, here’s what you need to know about how your lack of a license may affect your claim.Do you have motorcycle insurance? Much like a license, motorcyclists are required to carry insurance or show proof of financial responsibility in Pennsylvania. While most insurance companies require proof of licensure when purchasing insurance, some insurance companies will provide insurance regardless (this does not mean that you are legally allowed to operate without the license, though).If you do have insurance, your insurance company may try to argue that because you were unlicensed, you were to blame for the accident, which can affect the amount of…
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When do the most car accidents occur in Pennsylvania?
The most accidents occur in Pennsylvania in December, during night hours, and on Fridays. The Pennsylvania Department of Transportation reports that there were 124,149 reported traffic crashes in Pennsylvania in 2013.In these accidents, 1,208 people were killed, and more than 83,000 were injured. The fatality rate for the state then, in regards to traffic accidents in 2013, was 1.21 deaths per hundred million miles of vehicle travel. The following considers the times and dates in the state where accidents were most frequent.Crashes by MonthThe greatest number of accidents in Pennsylvania in 2013 occurred in December: 10.1 percent of total crashes.These months, following December, saw the most car wrecks.November: 9.3 percentOctober: 9 percentJanuary: 8.9 percent However, the highest number of fatal crashes was not consistent with the most accidents per month. About ten percent of all fatal crashes in 2013 occurred in the month of August, 9.5 percent of fatal crashes…
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Klingele on Deterrence-Based Correctional Programs
Cecelia M. Klingele (University of Wisconsin Law School) has posted What are We Hoping for? Defining Purpose in Deterrence-Based Correctional Programs (99 Minn. L. Rev. 101) on SSRN. Here is the abstract: One of the most popular program models in...
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Man Charged with Deceiving Lenders in the Purchase of First Mortgages
Mortgage Fraud Blog. David Fili, Jr., 45, Drexel Hill, Pennsylvania, was charged by information with 10 counts of wire fraud and two counts of bank fraud in a $9.7 million scheme for allegedly representing to numerous lenders that they were purchasing first mortgages, when in fact, they were second mortgages. From 2005 to March 2013, Fili was co-owner of Capital Financial Mortgage Corporation (“CFMC”), based in Delaware County, Pennsylvania. According to the information, during that time, Fili defrauded numerous lenders into purchasing mortgages issued by CFMC that were represented as first mortgages but that were, in reality, worthless second mortgages. He also allegedly defrauded other lenders who loaned money to CFMC on a warehouse line of credit. The information alleges that Fili helped defraud lenders out of approximately $9.7 million, some of which Fili used to pay his own mortgage on a vacation home and for extensive casino and sports gambling. If…
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House passes 'ban the box' bill for state agencies
A Houston Chronicle editorial (May 11) rightly praised "ban the box" legislation for state agencies which the Texas House passed today. The article opened:The "box" asking about a criminal conviction is one most of us mindlessly check on employment applications. But for many otherwise employable adults, it's the biggest barrier to moving forward with productive lives.Rep. Eric Johnson, D-Dallas, introduced a bill this legislative session that would prevent state agencies from asking about an applicant's criminal background until the interview stage. The proposal is in line with a national trend that has strong bipartisan support.Center for American Progress, a progressive think tank, recently teamed up with the conservative Koch Brothers to form an advocacy group for criminal justice reform. One of the coalition's goals is to lessen the barriers to employment for ex-offenders. The Koch brothers have banned the box at Koch…
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Lawyer Accused of Targeting Latinos in Loan Modification Scam
Mortgage Fraud Blog. David Zak, Revere, Massachusetts, has been ordered to pay $233,600 for discriminating against a group of seventeen Latino homeowners by targeting them with predatory and deceptive mortgage modification advertising. Hearing Officer Betty Waxman determined that Zak specifically targeted Latinos with deceptive advertisements for mortgage modification services and misled Spanish and Portuguese-speaking clients with unrealistic and often false guarantees about securing dramatic loan modifications. Evidence introduced in the case showed that Zak opened an office in Revere, Mass. because he believed its Latino community would be “easy targets” and gullible. Zak used radio and written advertisements in Spanish and Portuguese to contact Latino homeowners having difficulty making mortgage payments, falsely claiming to have saved hundreds of Latinos from foreclosure, promising to cut their mortgage payments in half, asserting that he was the only attorney…
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Weaver & Friedland on Texting, Driving, and Punishment
Russell L. Weaver and Steven Friedland (University of Louisville - Louis D. Brandeis School of Law and Elon University School of Law) have posted Driving While 'Intexticated': Texting, Driving, and Punishment (47 Tex. Tech L. Rev. 101 2014-2015) on SSRN....
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31 misdemeanors avoided in 10 days, including two DUI’s avoided in Virginia Beach
Below are a sampling of case results for the month of May, showing case results in traffic court from Virginia Beach, Williamsburg, Hampton, Newport News, Chesapeake, Northampton, and Norfolk. A screen shot is shown for more notable wins. There were 31 misdemeanors avoided by my clients in the 10 work days between May 1 and May 14. The misdemeanors avoided include a DUI 1st offense, DUI 2nd offense, eluding, possession of marijuana, driving under suspended, no operator’s license, and 25 reckless driving charges. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. May 1, 2015 – Virginia Beach General District Court, Charge: Reckless driving by speed for 76/55. Outcome: Reduced to speeding at 19 over. May 4, 2015 – Williamsburg General District Court,…
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Lawmaker Starts Sex Offender Prison Push After 10 Investigates Story
It appears this news site and a lawmakers do NOT believe in the criminal justice system's process of plea bargains. Instead of calling this a loophole call it a Lawmakers' screw up, they passed the law. Aren't they capable of reading it before passage?5-14-2015 Ohio: A state lawmaker wants to change state law on sex offenders after 10 Investigates exposed a legal loophole. House Bill 208
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ISIS Leader Al Baghdadi's New Message
ISIS released a new audio message by leader Abu Bakr al-Baghdadi today. You can read the English version here (MS Word Document) or here. It's called "March Forth Whether Light or Heavy." It strikes me as a pep talk and foreign recruitment... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Thursday Night Open Thread
Our last open thread is full, and I'm about to watch Senor de los Cielos. Here's a new one, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Tsarnaev Sentenced to Death
Justice has prevailed. Congratulations to an exceptionally talented prosecution team. More later.
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DUI Checkpoints Mostly Ineffective for DUI Arrests
A Chicago Tribune investigation revealed that federally backed DUI patrols and sobriety checkpoints in Illinois usually result in ticketing drivers for minor infractions rather than drunk driving. Of the 270,000 citations issued across the state through these patrols, 93% were for less serious offenses than DUI. Records from 2008 to 2013 reveal that ten police agencies throughout the state accounted for more than half of the citations issued by these patrols. These agencies include Chicago, Skokie, Elgin, Will County, Waukegan and Illinois State Police. The Skokie Police Department logged 14,000 citations through their drunk driving patrols, but only about 3% of the citations were for DUI. The Elgin Police Department issued around the same number of citations, but arrested more than twice as many drunk drivers as Skokie. About 7% of Will County's citations through these patrols were for DUI and about 11 percent of Waukegan police's citations were for DUI. Last year,…
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Judy Clarke, Not Quite Invincible
I have met Judy Clarke, Tsarnaev's lead counsel, only once. I thought she was mild-mannered and pleasant. It was not in a setting where I could assess her abilities as an attorney.Ms. Clarke has a strong reputation for avoiding the death penalty for the worst of clients; she has done so more than once. Her reputation such that, at the time she came into the Boston Marathon bombing case, there was at least one prediction that the prosecution would get scared off and cave in:I mused in this post a couple of weeks ago when Tsarnaev was first captured that "as in the case of the Unibomber and the Tucson shooter and other notorious federal mass murderers, I would not be surprised if eventually capital charges are taken off the table for a guaranteed LWOP sentence in exchange for a guilty plea." The appointment of Clarke prompts me to now turn my musings into a prediction: I think the odds are now pretty good that, after a fair…
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No Remorse, No Escape
Once the prosecution pulled back the curtain on the hideousness of the Boston Marathon bombing, I thought Tsarnaev was probably headed for a death sentence. I wrote three weeks ago that his best chance to avoid it lay in taking a big risk -- get on the stand and say you're sorry:At first, I agreed with the conventional wisdom that defense counsel would not call their client to the stand. Now, I have my doubts. The government's evidence of the savagery and cruelty of this crime in my view makes the death penalty likely unless the defense can move the ball.I think their best shot to avoid lethal injection is to call Tsarnaev and have him show remorse. If he does so, and makes a convincing showing, I think he lives. It would help if he broke down in tears of grief in a way that struck the jury as sincere, and not a coached performance.The defense apparently decided against it; one way or the other, Tsarnaev sat in silence the entire trial,…
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