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A Pause to Remember, Part II

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There are many nearly unbelievable stories of bravery to be shared on Memorial Day, but this one, related by Scott Johnson on Powerline, stood out to me.Big for his age at 14, Jack Lucas begged his mother to help him enlist after Pearl Harbor. She collaborated in lying about his age in return for his promise to someday finish school. After training at Parris Island, he was sent to Honolulu. When his unit boarded a troop ship for Iwo Jima, Mr. Lucas was ordered to remain behind for guard duty. He stowed away to be with his friends and, discovered two days out at sea, convinced his commanding officer to put him in a combat unit rather than the brig. He had just turned 17 when he hit the beach, and a day later he was fighting in a Japanese trench when he saw two grenades land near his comrades.He threw himself onto the grenades and absorbed the explosion. Later a medic, assuming he was dead, was about to take his dog tag when he saw Mr. Lucas's finger twitch. After months of…

Family Court of Dutchess Count...cont

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This holding in a practical sense constitutes a judicial fiat that regardless of the number of separate willful violations committed by a criminal respondent under an extant order of protection, the respondent risks civil commitment under Family Court auspices for only up to six months. The potential absurdity may be illustrated in numerous ways. For example, a criminal respondent having been found guilty beyond a reasonable doubt of willfully violating an order of protection may be civilly committed for six months, but the commitment may be suspended on condition the respondent not further violate the order of protection. Upon leaving the courthouse, the respondent hits the petitioner. Respondent returns before the court on this violation upon a new supplemental petition within a [162 Misc.2d 26] day or two of the prior order of commitment. Petitioner has elected to proceed before the Family Court. Having been found guilty of this new violation beyond a reasonable doubt, the…

Providing a script for "How To Lock Up Fewer People" in the United States

DUI and Women

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The inspiration for this blog article comes from a recent conversation with my wife. I was mentioning something that a female DUI client of mine had said, and my wife noted that I, have a lot of women clients. I had to pause for a moment, and then agree, that, yes, in fact, I do. Of course, my poor wife, having only made a passing observation, then had to endure my long, boring analysis of why that's the case. In this circumstance, she indulged me a bit, and then suggested that I make this the subject of one of my upcoming articles. I agreed, not because I think I'm some expert on women's issues (although as a married man who has been with the same woman for 31 years, living with her and a daughter, and having an office staff of 3 women, I think it would be fair to say that any of my "rougher edges" have been smoothed off and I certainly have learned how to keep my mouth shut) but because I think my particular approach to drinking and driving…

Second Felony Offender Statute, (PL 70.06)

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Page 567 658 N.Y.S.2d 567 172 Misc.2d 186 The PEOPLE of the State of New York, Plaintiff, v. Alexander ABRAMOV, Defendant. Supreme Court, Queens County. April 9, 1997. Page 568 Robert Klein, for defendant. Richard A. Brown, District Attorney of Queens County (Russell Rothberg, Loch Shldrake, of counsel), for plaintiff. SEYMOUR ROTKER, Acting Justice. By order and decision dated March 6, 1997, the Court decided the defendant's omnibus motions. As a branch of the motion under each indictment, the defendant challenged the Counts of the Indictment, charging Criminal Contempt in the First Degree (Penal Law § 215.51) as being violative of the Ex Post Facto clauses of the United States and New York Constitutions, and in the alternative, violative of the defendant's due process rights. The Court denied that branch of the motions without further elaboration. Defendant requested and received an opportunity to reargue the Court's decision. Upon reargument, the Court…

What are Lesser Included Offenses?

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Many criminal charges have less serious charges contained within them; often, a misdemeanor is contained within a felony. These less serious charges are known as lesser included offenses. A person may be charged with both the greater charge and the lesser included offense. If a jury does not find that the greater charge has been committed, it has the option to find the defendant guilty of the lesser included offense. For example, in Florida, theft charges are contained within robbery charges. Theft means knowingly obtaining or using another’s property with the intent to deprive the owner of the use of or right to the property. Robbery means theft plus the theft is from the person or custody of another and the offender uses force, threat, violence, or assault. Robbery is a second degree felony, whereas theft is, depending on the value of the property that is stolen, sometimes only a misdemeanor. A jury can find that an offender stole an item, but that it was not taken from…

What Are Miranda Rights?

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When a person is in custody… …and before he/she is questioned by law enforcement, the suspect must be informed of their Miranda Rights, which stem from the US Supreme Court 1966 ruling in Miranda v. Arizona. These rights require the arrestee to be informed of his/her constitutional rights to counsel and to remain silent. If the arrestee is not informed of these rights, any evidence gained from the questioning is not admissible as evidence in a court of law. Miranda Warning The wording itself is called the Miranda Warning, and its issuance by an officer to a suspect in custody is often informally referred to as the suspect being Mirandized. Below is the wording in the Miranda Warning: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these…

*Final Update* Multiple Crashes South of Downey

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Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/25/15 5:50 p.m. Please direct questions to the District Office **Final update** On Monday, May 25th, 2015, at approximately 1:10 pm, Idaho State Police investigated a one-vehicle, injury crash on Interstate 15 near milepost 30, south of the Downey exit. Meghan Bostick, age 27, of Missoula, Montana, was in a 2008 Honda Civic driving north on Interstate 15 when she lost control of the vehicle and went through the median. The vehicle then struck a guardrail and rolled, coming to rest on its side, blocking the southbound lanes of I-15. Bostick and her passenger, Levi Wood, age 27, also of Missoula, Montana, were transported to Portneuf Medical Center by ground ambulance. Both Bostick and Wood were wearing seat belts. Both lanes of southbound Interstate 15 were blocked for approximately 45 minutes. One lane of travel was reopened to…

Single Vehilce Rollover near Caldwell

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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: 05/25/2015 05:5:58p.m. Please direct questions to the District Office On May 25, 2015, at 1:47 p.m., Idaho State Police investigated a single vehicle rollover crash at eastbound Interstate 84 at milepost 26, near Caldwell. Jesus Garcia, 18, of Ontario, Oregon, was traveling eastbound in a 1999 Pontiac Firebird, when Garcia lost control of the vehicle, hit the center barrier and overturned. The vehicle came to rest in the center lane. Both Garcia and his passenger, Jasmine Suarez, 16, of Ontario, Oregon, were transported to St. Alphonsus Regional Medical Center in Boise, Idaho. The two left lanes were blocked for approximately two hours as crews worked to clear the scene.…

Swish or brick as basketball great call upon US to "Abolish the Death Penalty"?

Best of Brand New: Amar's Newest "The Law of the Land"

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Just received and just read. Why do different states take different approaches on our federal constitution?  The answer lies with geography, strong personalities, and cultural upbringings.Amar wrote the biography of the constitution, which was brilliant."America's Constitution: A Biography" should be a must read in law schools around the country right alongside his latest.

To All Veterans: Thank You

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As a former Air Force member, I look around and see many of our leaders who have never served.  Be it leaders in the political, legal, or civilian world.  This stuns me because my father had a rule: that service in the military was mandatory. When I hear these leaders speak to service, and yet these same leaders have never put a law enforcement or military uniform on (or been part of an family who had an immediate family serving), I tend to not listen.These same leaders have an invested interest in not making military service a requisite characteristic  for leadership roles in our country.Do I think you have to serve in the military to be one of our nation's leaders? No. But I certainly believe that such service says a whole lot about you in the end.  And I think our current leaders who have not served should recognize that.

Colorado State Patrol Cadet Killed

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Colorado State Patrol cadet, Taylor Thyfault, was killed when 27-year-old Christopher Lee Gebers hit him with his 2002 Honda Civic near Longmont on Saturday. Gebers also hit 37-year-old State Trooper, Clinton Rushing, causing catastrophic injuries. Cadet Thyfault and Trooper Rushing …The post Colorado State Patrol Cadet Killed appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.

Drug And Alcohol Deaths Rising In Maryland

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Drug and alcohol related deaths have increased statewide over the past few years, and the jump from 2013 to 2014 was so significant that the governor has declared a health crisis in Maryland. The state health department recently released its annual report for this past year, and the numbers are frightening to say the least. Over 1,000 people died directly from drug and alcohol overdoses last year, which represents a 21 percent increase from 2013. More than half of those deaths were the result of heroin, a narcotic whose popularity has been increasing exponentially over the past decade. In his first year of office, Governor Hogan has made it a priority to combat drug overdoses, and he has taken proactive measures such as approving a bill expanding the use of Naloxone, an opioid antagonist that reverses the effects of heroin. Many police officers statewide, including those in Anne Arundel County, now carry this powerful life saving drug. Chances are that more departments…

Cop Faces Higher Penalties under Michigan’s “Super Drunk” Law

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A blood alcohol content reading of .08 or higher is enough to get you charged with a DUI in Los Angeles. You face the same penalties whether or not your BAC is .09 or .16. But that’s not the case in Michigan. The Great Lake State has what’s commonly referred to as the “super-drunk” law that applies to DUI arrests. Anyone who’s driving with a BAC of .17 or higher may face more severe consequences if arrested, even if it’s a first-time offense. One off-duty Michigan cop is discovering just how seriously the state takes such incidents. Jamie Dubay, 39, is a 14-year veteran of the Sterling Heights Police Department. It was 1:30 in the morning of April 22 and Dubay was off duty when his 2012 Dodge Ram pickup truck left the road, hit several sections of a privacy fence and then ended up against a tree. An ambulance transported Dubay to the hospital, which admitted him for non-life threatening injuries. The Macomb County Sheriff’s office,…

Family Court of Dutchess Count...cont

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Against this background, the Third Department in Vitti, [162 Misc.2d 30] reads into Article 8 a non-existent provision, to wit a proscription of consecutive periods of civil commitment exceeding a total period of six months regardless of the multiple findings of violation of the final order of protection then before the court for dispositional purposes. The Appellate Court declares this proscription is on the face of § 846-a. Family Court Act § 846-a states: "If a respondent is brought before the court for failure to obey any lawful order issued under this article and if, after hearing, the court is satisfied by competent proof that the respondent has wilfully failed to obey any such order, the court may modify an existing order to add reasonable conditions of behavior to the existing order of protection, make a new order of protection in accordance with section eight hundred forty-two, and commit the respondent to jail for a term not to exceed six months. Such…

"Charging Inmates Perpetuates Mass Incarceration"

We Don't Just Use Our Knowledge to Fight DWIs, We Also Educate Others

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The attorneys at Ramsay Law Firm have a national reputation to maintain - while we practice our particularly aggressive manner of DWI defense solely for our clients in Minnesota, both Chuck and Dan are authors of well-regarded books and key members of several nationally-renowned organizations.  Ramsay Law Firm earned its reputation by working overtime to make sure that its attorneys know more than anyone else in the field of DWI defense. That means visiting the manufacturer of the state's new breath test machine, and learning everything we can from the president of the company and the engineer responsible for designing it. That means attending the annual meeting of the American Academy of Forensic Scientists, and wrapping up the intense process of getting officially certified as a "Lawyer Scientist" from the "Chemistry and the Law Division" of the American Chemical Society (a non-profit, Congressionally-chartered scientific society). But when…

Article – Deregulation of Marijuana

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The status of marijuana is confusing.  Mixed messages are being sent in states that either have decriminalized or legalized the drug in some capacity because federal law prohibits it entirely.  Here in Arizona, the state has legalized medical marijuana under stringent regulations. In states where marijuana is decriminalized or legalized, prosecutors are then put in … Continue reading Article – Deregulation of Marijuana → The post Article – Deregulation of Marijuana appeared first on Arizona Common Law.

The Trouble With Online Personal Information

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It's really convenient to be able to retrieve online information about your taxes, Social Security earning record, health information, and all kinds of important data.  But there's a catch.  John McKinnon and Laura Saunders report for the WSJ:The Internal Revenue Service said identity thieves used its online services to obtain prior-year tax return information for about 100,000 U.S. households, a major setback for the agency that is charged with safeguarding taxpayers' privacy.The IRS said criminals used stolen Social Security numbers and other specific data acquired from elsewhere to gain unauthorized access to the tax agency accounts. About 100,000 more attempts were unsuccessful, the agency said. Thieves used the information from prior years' returns to help them file for fraudulent refunds, the IRS said. The IRS said the matter is under review by the Treasury Inspector General for Tax Administration as well as the IRS's…
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