Criminal Defense Law Firm For Sexual Molestation Arrest in Fort Walton Beach, Destin Or Anywhere In Okaloosa County The crime of Lewd or Lascivious Molestation, more commonly referred to as sexual molestation, is defined under Florida Statute 800.04(5) and occurs two different ways: When a person intentionally touches the sexual organs or genitals (breasts, penis, vagina, buttocks) of a child less than 16 years old, in a lewd or lascivious (sexual) manner. When a person encourages, entices, or forces a child under 16 to touch another child or adult in a lewd or lascivious (sexual) manner. What Is The Definition Of Lewd & Lascivious? Although redundant, in Florida, they are the terms attached to most sex crimes against or involving children. Synonyms include: sexual, sensual, erotic, coarse, unchaste, lustful, evil, vulgar, rude, bawdy, elicit, debauched, immoral, depraved, or corrupt. What Are The Penalties For Lewd or Lascivious Molestation? The potential penalty for…
Lewd or Lascivious Molestation (Sexual Molestation) Criminal Defense Lawyer In Okaloosa County
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Circumstantial Evidence in a DWI Case – Is it Enough?
In order to be convicted of a crime, there must be evidence that proves beyond a reasonable doubt that a crime was committed. In the case of a DWI, evidence would include blood alcohol test results, as well as either the arresting officer or witnesses actually seeing you drive recklessly or erratically. What about circumstantial evidence? Can it be used to prove a DUI or DWI? Circumstantial evidence consists of different and seemingly unrelated facts or information that do not actually prove that a crime occurred, but instead infer that … [Read more...] The post Circumstantial Evidence in a DWI Case – Is it Enough? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Romance Novels, Subpoenas and Twitter
This post examines a decision a U.S. District Court Judge recently issued in a civil case: Ellora's Cave Publishing, Inc., et al. v. Dear Author Media Network, LLC, 2015 WL 3403811 (U.S. District Court fort he Northern District of Ohio 2015). The judge begins his opinion by outlining the legal claims involved in this suit: The Plaintiffs in this case are publishing companies for romance novels. Plaintiffs allege that Defendants made `false and defamatory statements concerning [Plaintiffs'] financial stability and practices, insinuating that the [Plaintiffs] are on the verge of financial ruin.’ . . . As a result, Plaintiffs seek injunctive relief and recovery on claims for defamation.Defendants have denied these allegations and asserted that the lawsuit was filed to `intimidate [Plaintiffs'] authors, editors, and cover artists into silence, so that they would not dare to speak of their experiences with [Plaintiffs] or attempt to recover money…
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Report: Emerging issues with the Michael Morton Act
In mid-session, the Texas Defender Service and Texas Appleseed came out with a joint report titled, "Towards More Transparent Justice: The Michael Morton Act's First Year," evaluating Texas' new criminal discovery law that took effect January 2014. But Grits couldn't focus on a lengthy, law-review style analysis at that frenzied point, so only read the document yesterday. For anyone with a professional interest in the matter, the whole thing is worth reading. On the assumption that few lay readers will take the time to do so, however, let's offer up a brief, cherry-picked summary of the highlights:The goal of the report "was to reveal any persistent roadblocks to a defendant's access to discovery material despite the Act's passage, and to identify best practices that may ease the transition process for district and county attorney offices." The groups reviewed discovery policies from 144 DAs and 79 county attorneys and…
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Fault Lines: The First Three Days
Today is Day Three of Fault Lines, and for the benefit of you slackers who haven’t yet bothered to read — and show me the love, do I ask for too much? — here’s what you missed thus far: WELCOME TO FAULT LINES: MONITORING AMERICA’S CRIMINAL JUSTICE SYSTEM PLEADING DIRTY: DO PLEA BARGAINS CORRUPT THE SYSTEM? POLICE BRUTALITY: FROM MICHAEL BROWN TO MICHAEL BRELO TSA SECURITY THEATER: WHEN THE SHOW BOMBS “PERFECT STORM” FOR POLICE REFORM: WHY CLEVELAND MIGHT BE DIFFERENT SORRY, SCOTUS DIDN’T SAY WHAT YOU WANTED IT TO SAY IN ELONIS Aside from my posts, Fault Lines has posts from Cristian Farias, slumming from his writing at New York Magazine, Tamara Tabo, slumming from her teaching at Thurgood Marshall Law School in Houston and Greg Prickett, a 20-year police vet who practices law in Fort Worth. Each brings their own perspective and style to Fault Lines. It’s worth your time to take a look, guaranteed or a full refund. Copyright…
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New Deputy AG suggesting every too-long federal prison sentence hurts public safety
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Manchester Attorney Mary Elizabeth Tenn to Take Office as President of the New Hampshire Bar Association
Mary Elizabeth Tenn, a Manchester trial lawyer, takes office as president of the New Hampshire Bar Association on June 19, 2015 at the Bar Association’s Annual Meeting. As president of the Association, which represents all lawyers licensed to practice law in the state, Tenn said she intends to focus the culture of professionalism and civility that characterizes the practice of law in the state. Mary Tenn takes office as President of the NH Bar Assoc. Tenn, a New Hampshire native, practices with the law firm of Tenn And Tenn, PA along with her three siblings James J. Tenn, Jr., John J. Tenn and Annmarie A. Tenn. Notably, Tenn is the second person in her family and in her firm to serve as president of the NH Bar Association, and follows her brother James J. Tenn, Jr. a past president of the New Hampshire Bar Association in 2009-2010. This year, Tenn And Tenn, PA, marks its 20th year of existence. Tenn received her J.D. degree, cum laude, from Harvard Law School, where she…
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Lender Resolves Allegations of Discriminatory Loan Prices
Mortgage Fraud Blog. Provident Funding Associates is the subject of a consent order resolving allegations by the Justice Department and Consumer Financial Protection Bureau that it engaged in a pattern or practice of discrimination. According to the order, Provident allegedly increased loan prices for African-American and Hispanic borrowers who obtained residential mortgages between 2006 and 2011 from Provident’s nationwide network of mortgage brokers. The settlement, which is subject to court approval, was filed in conjunction with a complaint filed in the U.S. District Court for the Northern District of California. In the Complaint, the government alleges Provident violated the Fair Housing Act and Equal Credit Opportunity Act by charging thousands of African-American and Hispanic borrowers higher fees on mortgage loans not based on borrower risk, but because of their race or national origin. The lawsuit originated from a 2011 referral by the Federal Trade…
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Bank Settles Allegations of Underwriting Unqualified FHA Loans
Mortgage Fraud Blog. First Tennessee Bank, N.A., Memphis, Tennessee, has agreed to pay the United States $212.5 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s Federal Housing Administration that did not meet applicable requirements. Between January 2006 and October 2008, First Tennessee, through its subsidiary First Horizon Home Loans Corporation (“First Horizon”), participated in the FHA insurance program as a Direct Endorsement Lender (DEL). As a DEL, First Tennessee had the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL such as First Tennessee approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to the U.S. Department of Housing and Urban Development (HUD), FHA’s parent agency, for the losses…
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Man Admits Using False Documents and Inflated Appraisals to Obtain $1M in Loans
Mortgage Fraud Blog. Grady Wayne Fricks, 65, Nashville, Tennessee, pleaded guilty to conspiracy charges arising out of a scheme to defraud Cornerstone Community Bank, Dalton, Georgia, using false appraisals, settlement statements and misrepresentations to qualify for more than a million dollars in loans. In November 2004, Fricks contacted a senior vice president at Cornerstone Community Bank and stated that he needed an $850,000 loan to purchase property in Ringgold, Georgia. Fricks did not reveal that he had already signed a contract to purchase the property for only $425,000. Fricks had done business with that senior vice president for many years before this, both at Cornerstone and at the bank where the employee had worked before joining Cornerstone. And Fricks had allowed the bank employee free use of his condominium at a beach in Florida, five to ten times. The senior vice president violated Cornerstone’s policies and procedures by not obtaining a copy of the sales…
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Not Guilty in Second Degree Rape Case
Sex Offenses including Second Degree Rape charges are among the most serious criminal offenses that are handled in the criminal just system. Anyone who is charged with Rape or any other Sex Offense requires the assistance of an Aggressive and Experienced Criminal Attorney who has substantial experience handling these types of cases. In the twenty years that I have been practicing exclusively criminal law, I have handled scores if not hundreds of Rape and Sex Offense cases both as a prosecutor and as a criminal defense attorney. I have written many times in this space about the importance of hiring an experienced criminal specialist when charged with any criminal offense. When dealing with Rape of Sex Offense charges, it is not just important, it is an imperative. I just finished successfully defending a 19 year old charged with Second Degree Rape in St. Mary's County that was a shocking example of what can happen if this imperative is not observed. I was brought into…
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Endangering Children Charge Dismissed
A mother had a lapse in judgment recently where she left her young child sleeping and went out for one hour. While she was gone, her child woke up and left the house and was found down the street. She was found and unhurt. The police were dispatched and went to the mother’s home. After [...]The post Endangering Children Charge Dismissed appeared first on Columbus Criminal Attorney.
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Ulbricht’s More Than The Minimum Sentence
On grandma’s internet, a company called eBay made a boatload of moolah by skimming a piece off the top of thousands of counterfeit Louis Vuitton purses. Vuitton wasn’t amused, and pressured eBay to end the sale of counterfeit bags, even though ironically the auctions didn’t prevent a single legitimate sale. After all, buyers of ridiculously expensive plastic purses were not looking to eBay for knock-offs. But it did dilute their brand. But where was the message from the feds that this must stop, that this new-fangled internet could hurry the downfall of civilization by providing an outlet for cheap ladies’ accessories? It’s not that the silence was deafening, but that everyone understood that the internet was going through growing pains, and part of those pains involved dealing with its use by those who might use the new forum for illicit purposes. Yet, when time came for SDNY Judge Katherine Forrest to impose sentence on…
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Manatee County Man Caught with 12-Year-Old Girl in Her Home
Deputies have arrested a man they claim arranged to meet a 12-year-old girl online and was caught in her home. The 24-year-old man is accused of traveling to the girl’s home on the 3100 block of 9th Street E at about 2 a.m., according to the Manatee County Sheriff’s Office. Detectives allege the man and the girl met on Facebook two weeks ago, and that they were texting each other back and forth. Detectives believe that on Wednesday, the girl texted him and asked him to come over. Police claim the man knew the girl was 12, but still went to her home and was in her bedroom for about an hour when the girl’s grandmother walked in. According to police, the grandmother called 911 and, then alerted other family members who started hitting the man. Reports indicate that once police arrived, the man ran out of the house, saying, “I’m getting killed.” Detectives said both the girl and the suspect said nothing sexual happened while they were in the…
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Parent Of The Year
There is a guy in Florence, Kentucky, who knows how to protect children. His name, shared by a curmudgeon pal of mine, is Mark Herrmann, and he took a video of a young child in his car seat in a running pickup truck with no parent present. Because someone could snatch the kid and force him into a life of human sex trafficking. Or worse! The Florence police think Herrmann is a hero. WCPO spoke with Florence police about the incident. Capt. Tom Grau said while the department encourages people to get involved and report such cases; he cautions anyone against direct confrontation. “Call police and give us the information. Let us handle talking with the subject,” Grau said. Anything. Anything at all, that gives rise to any question whatsoever that something could possibly give rise to one’s worst fears, gravest nightmare, is not only your business, but a reason to make an emergency call to the police. That’s why they have armored vehicles, you…
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Vazquez on Crimmigration and Latino Subordination
Yolanda Vázquez (University of Cincinnati - College of Law) has posted Constructing Crimmigration: Latino Subordination in a 'Post-Racial' World (Ohio State Law Journal, Vol. 76, No. 3, 2015) on SSRN. Here is the abstract: Over the last forty years, the...
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"Shining a Light on Overcriminalization"
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Injury Crash On US30 West of Lava Hot Springs
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: 06/04/2015 7am Please direct questions to the District Office On June 4, 2015, at 5:03am, Idaho State Police investigated a single vehicle crash on US30 at mile marker 365, west of Lava Hot Springs. Reanna York, 17, of Lava Hot Springs, was driving eastbound on US30 in a 2007 Mitsubishi Eclipse. York drove off the road, then lost control of the vehicle. The vehicle rolled and come to rest in the ditch. York was not wearing her seatbelt. She was transported by ground ambulance to Portneuf Medical Center. ln/do -------------
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You Should Have Been Free To Leave, Mr. Rodriguez
I’ve got an iPhone and android app that will help you avoid getting arrested and teach you some rules on what to do if you are pulled over. And it’s that second topic of what to do if you are pulled over that I want to focus on today. This is what the top part of the homepage of my app looks like. It is no coincidence that just below my name, you can click on “12 Rules for Dealing with Police.” The third rule is “Politely tell the officer that you wish to leave. If you are not allowed to leave, ask to speak to an attorney immediately.” A recent United States Supreme Court case underscores the reason for that rule. That case is Rodriguez v. United States, No. 13-9972, (April 21, 2015). A little after midnight on March 27, 2012 a police officer named Morgan Struble saw Dennys Rodriguez veer slowly onto the shoulder of a Nebraska state highway for 1 or 2 seconds and then jerk back onto the road. It’s illegal to drive on highway shoulders…
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"Clergy join push to legalize marijuana in mission of social justice"
I have noticed that, in the course of robust modern debates over marijujana reform, religious issues and religous-based claims have been relatively absent. Consequently, this recent Chicago Tribune article, which carries the headline that I used as the title of my post, caught my eye. Here are excerpts: The marijuana...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/oKI6qDr9GdI" height="1" width="1" alt=""/>
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