Apparently the Baltimore State's Attorney reads Crime and Consequences before she meets with the grand jury. It might be better, though, if she had read it before her earlier, court-house-steps carnival announcing charges against six police officers. Although she originally made a point of the supposed illegality of Freddie's Gray's arrest, we now see that false imprisonment charges against the arresting officers have disappeared. The prosecutor gives no explanation. But this Reason article does:Of the criminal charges proposed by Marilyn Mosby, the state's attorney for Baltimore, in connection with the death of Freddie Gray, three are notably missing from the indictments approved by a grand jury today. The Washington Post reports that "charges of false imprisonment against three of the officers are no longer part of the case." That change presumably reflects the dispute over whether the knife Gray was carrying, which was…
So Long to the False Arrest Charges
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HOW LONG CAN POLICE STOP MY CAR IN ILLINOIS?
There are no hard and fast rules about how much time police can take to perform a routine traffic stop. However, police may keep you no longer than necessary to accomplish the purpose of that stop. How long is necessary depends on the facts of each case. In 2005, the U.S. Supreme Court held that police could change the nature of a traffic stop as long as the stop was not unduly prolonged. (See Illinois v Caballes). Before 2005, police needed specific and articulable facts to change the nature of a stop. For example, police could stop you for blowing a traffic light, but only use a dog to sniff your car if they saw something that led them to believe you had drugs. After 2005, the dog could sniff your car regardless of the reason for the stop provided you were not unduly kept waiting. A new U.S. Supreme Court case may be limiting this approach. In Rodriguez v United States, the Court stated that the general mission of a traffic stop was to insure traffic safety. Police…
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City and County of San Francisco California v. Sheehan
The United States Supreme Court just announced a widely anticipated case on how the police interacted with a mentally ill woman. The writ of certiorari presented two questions for the Supreme Court to consider: 1. Whether the the Americans with Disabilities Act (ADA) requires law enforcement officers to provide accommodations to an armed, violent and … Continue reading City and County of San Francisco California v. Sheehan → The post City and County of San Francisco California v. Sheehan appeared first on Arizona Common Law.
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Chicago Criminal Defense Attorney Michael J. Petro
One of Chicago’s most respected criminal defense attorneys, Michael J. Petro, has earned a reputation for providing high quality, aggressive legal representation in Chicago and around the United States. Criminal defense attorney, Michael J. Petro, earned this reputation by providing his clients with the highest standards of diligence, knowledge and professional advice, and by steadfastly protecting his clients’ constitutional rights. Whether a client is seeking a Federal criminal defense attorney or an Illinois criminal defense attorney, Michael J. Petro treats each client’s situation with attention and importance. Chicago criminal defense attorney Michael J. Petro has represented individuals charged with the following offenses: Mail Fraud, Wire Fraud, Bank Fraud, Hobb’s Act Extortion, Possession and Delivery of Controlled Substances, Conspiracy and RICO Violations, Bank Robbery, Tax Offenses, Immigration and Unlawful Re-entry, Public Corruption…
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ESSEX COUNTY COURT OFFICER IS CHARGED WITH RAPE
Surprise! I am not Ian. He will be with you next week with one of our “war stories”. Speaking of surprises, here is a little tale from yesterday’s session in Salem Superior Court. As you know, anybody can suddenly find themselves with the sudden last name of “defendant”. Today’s example is Jose Martinez (hereinafter, naturally, the “Defendant”). This 47-year-old gentleman has been serving as a court officer in Essex County for many years. Now, the Defendant is not putting the cuffs on another…he is wearing them himself. And will continue to do so unless and until the matter of $50,000 bail is dealt with. The Defendant has been accused of repeatedly raping an inmate in his custody. The full roster of criminal charges include multiple counts of rape, indecent assault and battery and a count of misleading investigators. As for the sex charges, the Commonwealth says they are supported by DNA evidence. More…
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Single Vehicle Crash Southbound I15 near Porterville Road Overpass
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: 5/22/15 3:45 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a single vehicle crash southbound I15 near milepost 95, near the Porterville Road overpass, in Bingham County. Currently the right lane of travel is blocked. More information will be provided as it becomes available. < KS / JS > -------------
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New York City Taxi and Limousine Commission ("TLC")
Page 1 2009 NY Slip Op 51545(U) MARIE F. KAVANAUGHT, Plaintiff, v. LESLEY SIMEON, Defendant. 19639/2007 Supreme Court, Queens County. Decided July 20, 2009. For Plaintiff: Dorothy Atchinson, Esq., Jamaica, New York. For Defendant: Frederica L. Miller, Esq., New York, NY. CHARLES J. MARKEY, J. The principal issue in this criminal motion, by order to show cause, seeking to hold the defendant-husband in contempt for his alleged failure to cooperate in the equitable division and distribution of the marital property, is the date of valuation of the marital residence and the taxi medallion. This Court, having considered all the arguments, read the memoranda of law, and having done its own, independent legal research is convinced that, in determining equitable distribution under NY Domestic Relations Law section 236[B], the earliest date of valuation, as contended by defense counsel, is proper. See, Kane v. Kane, 163 AD2d 568 [2d Dept. 1990]; see also, Mesholam v. Mesholam, 11 NY3d…
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What to Do After an Accident as You Wait for Help
If you’re in a car accident, you should call the police immediately. As you’re waiting for help to arrive, there are a number of things that you can be doing—assuming you’re not severely injured—that may be helpful later. The importance of collecting evidence can’t be stressed too much, as things change quickly after a car crash.Move to a Safe LocationWhile moving to a different location doesn’t help your car accident claim, it does increase your safety. Even before calling the police, you should make sure that your vehicle is in as safe of a location as possible out of the way of other drivers.Put your emergency lights on, and move to the side of the road if you can. If driving the vehicle isn’t an option, wait until there is no traffic, and then exit your vehicle and get out of the road as quickly as possible.Get the Other Driver’s InformationYou should learn as much about the other driver as possible.Driver’s…
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Holiday Weekend DUI
Holiday weekends such as Memorial Day are high traveled and celebrated weekends. Police departments across the state of Arizona plan to have a DUI task force and will be patrolling specific areas in order to catch DUI drivers, to keep the community safe. It was reported that on Memorial Day 2014, the police DUI task force made roughly 500 DUI arrests. This number includes DUI arrests that are misdemeanor, extreme, persons under the age of 21 and DUI’s with drugs. Under Arizona Law A.R.S. §28-1381, a person can be charged with a DUI for being under the influence of intoxicating liquor, any drug, a vapor releasing substance contacting a toxic substance or any combination. Arizona is considered a zero tolerance state for DUI. This means that a person can be charged for being impaired to the slightest degree even if their blood alcohol level (BAC) is under the assumed standard of .08. Remember, if you are pulled over under the suspicion of driving…
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Theodore Johnson violently attacked his ex-girlfriend...cont
courts to consider domestic violence when rendering child custody and visitation determinations. He noted that "[t]he victims of domestic violence are not limited to those who are actually battered by spouses, for the evidence is overwhelming that those who batter their spouses inflict tremendous harm on their children. * * * [D]omestic violence causes great psychological and developmental damage to children even when they are not themselves physically abused" (Governor's Approval Mem to L 1996, ch 85, 1996 McKinney's Session Laws of NY, at 1858, 1859). Some trial courts in child endangerment prosecutions have also explicitly recognized the overwhelming evidence of harm to children exposed to domestic violence (see, e.g., People v Malone, 180 Misc 2d 744). Viewing all the evidence and the inferences which may be drawn in the light most favorable to the People, as we are obliged to do, we conclude that a rational trier of fact could have reasonably…
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New York City Housing Authority ...cont
CPLR §3001 provides that the "Supreme Court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed." A declaratory judgment is one that seeks to have the Criminal Court establish and promulgate the rights of the parties on a particular subject matter. However, if a plaintiff is using a declaratory action to test the validity of the propriety of the proceedings under a statute, the plaintiff must ordinarily pursue administrative challenge before going to court. The doctrine of "exhaustion of remedies," as a precondition to judicial action, should be made under Article 78 proceeding rather than a declaratory action. (See Seigel, New York Practice §437, p. 708, 3d Ed. 1999). Therefore, although called a motion for declaratory relief, this Court has no jurisdiction because Gales has not exhausted…
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Kolber on The Limited Right to Alter Memory
Adam J. Kolber (Brooklyn Law School) has posted The Limited Right to Alter Memory (Journal of Medical Ethics, vol. 40, p. 658 (2014)) on SSRN. Here is the abstract: We like to think we own our memories: if technology someday...
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Single Vehicle Crash Near Blackfoot
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: 5/22/15 5:25 p.m. Please direct questions to the District Office *** Final Update *** On Friday, May 22, 2015, at approximately 2:44 p.m., Idaho State Police investigated a one vehicle crash on I-15 at milepost 94.4, north of Blackfoot. Amanda L. Scott, 21 of Blackfoot, driving a 1998 Buick Park Avenue, was traveling south on I-15 when she lost control of her vehicle while attempting to pass a truck. Scott's vehicle struck the guardrail on the east side of the roadway and came to rest facing north in the southbound lane against the guardrail. Scott and one of two passengers were transported by ground ambulance to Bingham Memorial Hospital, in Blackfoot. The right lane was…
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Memorial Day, and Serving our Greatest Heroes
Memorial Day, and Serving our Greatest Heroes Before 9/11, many Americans thought of Memorial Day as the beginning of the summer season and an opportunity to reflect on patriotism. Today, we are more mindful of the service a select group of Americans have given all of us. In San Diego, it is common to see wounded warriors walking with prosthetic limbs. We are reminded every day of their service. We are all part of the The Great Experiment, where our rights are delineated in one, groundbreaking document- the United States Constitution. Our form of government, our justice system, is not perfect but it is the best in the world. We have freedoms and opportunities that still make us the envy of the planet. We do not always agree, but our system allows for disagreement. We have a voice for all, and economic mobility that is unprecedented. As a criminal defense attorney, I treasure the freedoms illuminated in the Constitution. In court…
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Can I do a Payment Plan for my Attorney Fee?
Yes. Kotlowski Law Office PLLC offers very flexible down payments and monthly payment plans for your DUI attorney fee. Down payments may start as low as $1000.00. Typical monthly payments range from $200.00 to $500.00. See Online Case Evaluation or...
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You must be off Probation to win back your Michigan Driver's License
In order to even begin the process of trying to win back your Michigan driver's license (or the clearance of a Michigan hold on your driving record, if you now live out of state), you must be legally eligible to do so. Beyond the fact that you must wait either for the 1 or 5-year revocation period to pass before you can begin a Michigan driver's license restoration or clearance case, you also must be off probation (or parole), as well. I have written rather extensively about this on both my website and other blog articles, but it seems time to address this topic again. A recent email I received serves as the inspiration for this article and puts everything in perspective:I went before the board on Jan. 15, 2015 and was denied restoration of my license because I got off of probation Jan. 13, 2015 and the examiner denied my appeal because she felt I had not been off probation long enough but I didn't know that being off of probation was a requirement. I was told…
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In-person-visitation bill nears finish line, grandfathers video-only facilities
Legislation by Rep. Eric Johnson (SB 549) to require most Texas county jails to provide in-person visitation (grandfathering a baker's dozen that built video only facilities in the last few years) has cleared committee in the second chamber this week and will soon become eligible for approval by the full senate. Senate Criminal Justice Committee Chairman John Whitmire is carrying the bill in the senate. A Dallas News editorial last weekend explained why it's urgent that the bill pass this session:More and more counties will build or retrofit their jails to prevent inmates and their families from being together in the same space.Why? The main reason is cost. It’s cheaper to require video visits. It cleans up the complication of having non-inmates in and out of the jail.But there are many things that could lower the cost of incarceration that we don’t do because they are simply wrong. This should be one of them.As it is, inmates aren’t able to…
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DUI Manslaughter Defendant Gets No Jail Time
One of the key pieces of evidence in many criminal Florida DUI cases is the breathalyzer test, typically conducted with a brand of machine known as the "Intoxilyzer." It is designed to measure a person's blood-alcohol content by analyzing particles released in one's breath. But the science behind the machines has been sketchy, and there have been more than a few successful challenges to admitting this evidence. This can have a profound impact on a case, as evidenced by the recent outcome in a South Florida DUI manslaughter case. According to news reports, a fatal accident in Bonita Springs in 2011 set off an emotional, four-year legal battle. Much of it was centered on whether the court should allow the results of the driver's breathalyzer test, which indicated she had a blood-alcohol level of between .138 and .146 - nearly twice the legal limit of .08.
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You be the prosecutor: what sentence will you recommend for convicted "sex on beach" couple?
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The Journalist's Guide to Fact-Checking a GamerGate Story
Recently a woman named Brianna Wu, who made $13,000 a month on Patreon for doing nothing, wrote an article claiming #GamerGate made death threats against her. She claimed no prosecutor cared about her story, because misogyny. Several bloggers, including some who claim to be journalists, ran with Wu's story. A fellow by the name of Cory Doctorow entitled his breathless article, "Brianna Wu uploads Gamergate death threat to shame Ohio prosecutor." There was, of course, a major problem with the story. As kids on the Internet say, "Y'all posting in a troll thread." Yes, that's right. Wu lied. She never called the police to report the "death threats." When the prosecutor whose hatred of women caused him to ignore Wu was contacted - not by journalists who wrote about the story, but by concerned citizens - they learned Wu never actually called the prosecutor she lied about to tens of thousands of people. (As Wu has been caught…
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