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Can I vacate my Reckless or Negligent Driving charge?

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Yes. Most of the time - if you meet specific conditions. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, because of recent changes to the law the...

June 6, 2015: Annual Cook County Expungement Summit

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Once again, I will be volunteering my day at the annual Adult & Juvenile Expungement Summit and Ex-Offender Job Information Seminar and would love to see you there! This year's event will be held on June 6, 2015 at the Living Word Christian Center, 7600 West Roosevelt Road in Forest Park and opens at 8:30 a.m. Although the event runs through 6 p.m., I do suggest getting there as early as possible. Attorney volunteers, like myself, will be providing information on adult felony and misdemeanor expungements and sealings, juvenile record expungement, as well as information on executive clemency and certificates of relief from disabilities and good conduct. On-site drug testing will be available and you will be able to obtain certified case dispositions at the event as well. Qualified applicants will be able to file expungement and/or sealing petitions for free on-site at the Summit. For more details about the event, please call 312-603-5200 or 312-603-4641. You may also…

Tweaking Texas' junk science habeas writ, and why the state must give more notice when it asks a judge to evict you than to kill you

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Legislation codifying the Texas Court of Criminal Appeals' interpretation of Texas' junk science writ (see here and the second item here) has been sent to Gov. Greg Abbott for his signature and a bill to require the government to give notice when setting execution dates has gone awry. To evaluate  these obscure but important subjects, Grits recorded a brief podcast this afternoon with Mandy Marzullo, the Policy Director for the Texas Defender Service, with whom your correspondent worked closely on a couple of items in the waning days of session. (Some camera-eyed, long-time readers may recall that, in a previous Texas tour, Marzullo helped Grits push to create the indigence rules for the Driver Responsibility surcharge, a laborious mitzvah for which I'll be eternally grateful.)Mandy provided excellent summaries of a couple of important pieces of legislation: HB 3724 by Herrero/Whitmire and SB 1071 by Hinojosa/Thompson, neither of which have received much if…

Evento sobre el Sistema de Cooperación Judicial Internacional en materia penal

Williamson County Practice Update

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This post is a practice update from Williamson County , Tennessee . It appears the courts may not accept plea bargains in cases involving periodic confinement. Periodic confinement is simply allowing a defendant to serve their jail sentence over a period of time rather than to serve the sentence straight.  Periodic confinement is authorized by statute found in T.C.A. 40-35-307 . An example is that the government wants a sentence of ten days , but during the plea bargain process , the parties compromise and agree to the ten day sentence to be served on weekends. One purpose of the periodic confinement is to save someones job. Most counties allow some types of periodic confinement. I don't know the policy reason for denying periodic confinement. It does not apply in cases where there is a mandatory minimum such as DUI second or DUI third charges . The takeaway is to always be aware of local customs . Even though the law of Tennessee is uniform…

Journal Reacts To Dismissal of Charges

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http://www.abqjournal.com/590521/opinion/dropping-charges-against-sf-teacher-the-right-call.html

Las Cruces Sun-News Article and Video

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An article, along with video, indicating what the Dona Ana DA and New Mexico AG have decided to do regarding the prosecution of two police officers from Las Cruces.Wow!http://www.lcsun-news.com/las_cruces-news/ci_28191060/da-ag-will-prosecute-ex-officers-lcpd-holding

FBI Arrests Miami Springs Police Sergeant Over Alleged Involvement in Drug Deal

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On Tuesday the FBI arrested Miami Springs Police Sgt. Andres Quintanilla, a 16-year veteran of the force, on a federal corruption charge. The 33-year-old was charged with “attempting to affect commerce by extortion under color of official right,’’ according to the U.S. Attorney’s Office for the Southern District of Florida. According to the federal complaint, a confidential FBI source claims he told Quintanilla in September 2014 that he was a drug trafficker. The complaint goes on to allege that instead of arresting the source, Quintanilla “offered to help the [informant’s] drug trafficking business.’’ Quintanilla allegedly provided the location of an undercover police narcotics office, gave the source the names of three Miami-Dade police officers and ran the name of a purported drug dealer in a law enforcement database when asked to do so by the source, according to the complaint. The complaint states that by December 2014,…

Driver Suffers Minor Injuries, DUI Charge After Van Crashes into Water

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A driver of a van that went into the water at Snell Isle Boulevard on Tuesday afternoon suffered minor injuries but was charged with DUI, according to St. Petersburg police. The incident occurred at Snell Isle Boulevard NE and Coffee Pot Boulevard NE just before 4 p.m. Police claim the 59-year-old man suffered minor injuries, but refused any medical treatment. Police believe that driver impairment appeared to be the only factor that led to the van exiting the roadway and landing in the water. The man was apparently tested twice and had blood-alcohol levels of .264 and .273, which is more than three times the level at which a motorist is considered too impaired to drive in Florida. It is important for all Florida drivers to be aware of and understand the penalties they could face for a DUI arrest. Florida DUI laws and punishments are some of the toughest in the nation. The penalties for a drunk driving, which also includes driving under the influence of drugs, increase with the…

Senator Paul talking about crime and punishment in Chicago

"As States Become More Pot-Friendly, Feds Warn Employees Not To Light Up"

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The title of this post is the headline of this notable International Business Times article, which gets started this way: Marijuana might be legal in the country’s capital, but not for employees of the U.S. government. The sobering reminder came in the form of a new guidance issued Wednesday by...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/bl2WrpSy9hg" height="1" width="1" alt=""/>

Assault Weapon Ban

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Even a New York Judge can’t get the Office of Governor Andrew Cuomo or the NY State Police to release what could be embarrassing numbers. Despite an order issued by New York Judge Thomas J. McNamara, and required by the SAFE Act, The state officials are dragging their feet.Release of Data ResistedArguing that publishing information on the numbers of people who have complied with the Secure Ammunition and Firearms Enforcement Act, also known as SAFE Act in New York, the NY State Police are stonewalling.The law was passed by the New York State Legislature on January 15, 2013, in the middle of the night, and was signed into law by Governor Andrew Cuomo the next day.On April 30, 2015 Judge McNamara issued an order calling for New York State Police to reveal the quantity of people who have registered their weapons as “assault weapons” as required by the SAFE Act.Governor Cuomo and the State Police, which are subject to Cuomo’s orders, appear to believe that…

News Roundup

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It was a big news week, but I’ll start with the General Assembly. First off, it passed a law, S.L. 2015-31, that requires motor vehicles to have at least one “stop lamp,” or brake light, on each side of the rear of the vehicle. It thus effectively overruled State v. Heien, 214 N.C. App. 515 […]

Putting Employer-Provided Health Care in Context and Thinking about the Future

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Brendan S. Maher, Regulating Employment-Based Anything, 99 Minn. L. Rev. (forthcoming 2015), available at SSRN. Amy Monahan Employer-provided health care occupies an uneasy position within health law. On the one hand, it is the primary source of health insurance coverage for non-elderly Americans and provides relatively robust coverage. On the other hand, linking health insurance availability to employment status and subsidizing such purchases through the tax code raises significant fairness concerns. The explanation for the Affordable Care Act’s continued reliance on employer-provided coverage was largely based on political expediency: health care reform had no chance of passing if it looked like the future of employer-provided health care was threatened. We were assured, after all, that if we liked our health plan we could keep our health plan. Brendan Maher’s article, Regulating Employment-Based Anything, seeks to move our discourse away from merely relying…

Five Substances Added to the Controlled Substances List

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Five dangerous synthetic cannabinoids have been added to Florida’s list of controlled substances. House Bill 897 passed the Florida legislature unanimously and was signed into law by Governor Rick Scott. It classifies the five drugs as Schedule I controlled substances, effective immediately. Schedule I Schedule I controlled substances have a high potential for abuse. There is no currently accepted legitimate medical use for these substances in the United States, and the use of these substances, even under medical supervision, does not meet safety standards. Schedule I substances include the listed substances and any mixtures or materials containing any amount of the listed substances. With the new additions, there are currently 180 substances listed in Schedule I. Possession The possession of a Schedule I controlled substance, such as the five outlawed synthetic cannabis substances, is a third degree felony in Florida. Third degree felonies are punishable by:…

An Ounce of Prevention

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If you haven’t heard by now, internal fraud is expensive, costing companies an average of 6 percent of revenues each year. Employees are in an excellent position to steal the company blind. Particularly for those in upper management, access to assets is easy to come by. With an estimated $3.7 trillion stolen annually by employees around the globe, companies should be highly motivated to invest in fraud prevention. Creating and implementing effective policies and procedures is not cheap, but it is far less expensive than exposure to internal fraud. Companies should develop a comprehensive fraud prevention program that impacts all areas of a company. Such a program has three critical parts: education, investigation and proactive prevention. Education Internal fraud is most commonly discovered through tips from employees, customers or vendors. Since employees are inclined to report misdeeds, it makes sense to give them the knowledge to help the company. Company-wide…

FIFA And The Long Arm Of The Law

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Unlike David Post, I’m a real American and couldn’t care less about soccer. Sure, I joined my high school’s inaugural junior varsity soccer team, but quit after a few weeks. Kicking was fun, but who knew there would be all that running? My people have no tradition of running. But Post’s point on jurisdiction of the FIFA indictment should send shivers up your spine. As the Times story notes: United States law gives the Justice Department wide authority to bring cases against foreign nationals living abroad, an authority that prosecutors have used repeatedly in international terrorism cases. Those cases can hinge on the slightest connection to the United States, like the use of an American bank or Internet service provider. But ask yourself:  if you think that the “use of an American bank” is a sufficient basis for the exercise of US jurisdiction over foreign nationals residing and conducting business abroad, then…

Single vehicle injury crash near Wendell

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: May 29, 2015 5:30 a.m. Please direct questions to the District Office On May 29, 2015 at approximately 1:45 a.m., the Idaho State Police investigated a single vehicle, injury crash on Interstate 84 at milepost 156, near Wendell. Mohammed Bin Zaid, 22, of Pocatello, was driving westbound in a 2003 BMW Z4. The vehicle went off the right shoulder, struck the right of way fence, and came to rest upright. Bin Zaid was transported via ground ambulance to North Canyon Medical in Gooding. It is unknown if he was wearing his seatbelt at the time of the crash. The crash is under investigation by the Idaho State Police. HG/JS -------------

Orange County District Attorney’s Office Tossed Off Murder Case

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Scott Sanders was just doing his job, as the Santa Ana assistant public defender representing accused mass murderer Scott Dekraai before Judge Thomas Goethals. But what he found not only compelled the judge to throw the entire friggin’ DA’s office off the case, but may have opened up a can of worms no one could have imagined. Via Dahlia Lithwick at Slate: After literally years of alleged misconduct involving jailhouses informants, as well as prosecutors’ repeated failures to turn over exculpatory material, Judge Goethals determined in March that the office can simply no longer work on the case of mass murderer Scott Dekraai, who pleaded guilty last year to killing his ex-wife and seven others at a beauty salon in 2011. This is the sort of epiphany that brings tears of joy to the eyes of conspiracy theorists everywhere, not to mention those who decry the buying and selling of testimony by jailhouse snitches. One issue in the Dekraai case is whether deputies…

One vehicle crash off US 91 in Blackfoot

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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: 5-29-2015 6:35 a.m. Please direct questions to the District Office ----------------------------------------------------------------------------- Idaho State Police are currently investigating a one vehicle crash on US 91 in Blackfoot, near the Short Stop on South Broadway. Motorists are encouraged to use caution when in the area. More information will be released as it becomes available. JC/JW -------------
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