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With Rule-Making Expected, CFPB’s March 2015 Arbitration Study Continues to Draw Attention

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In a recent letter, 58 members of Congress asked the Consumer Financial Protection Bureau (CFPB) to exercise its rule-making authority and ban mandatory arbitration provisions in consumer financial agreements. In support of their request, the authors cite the CFPB’s March 2015 internal study on arbitration, which the CFPB conducted pursuant to Section 1028 of the Dodd-Frank Act. The CFPB claimed that arbitration limits consumer relief, from a strict dollar perspective, in disputes with financial institutions. Critics, meanwhile, have charged the CFPB with a lack of impartiality and a predisposed bias against arbitration provisions. Under Section 1028, the CFPB may promulgate rules to restrict or wholly prohibit the use of mandatory arbitration provisions in consumer financial agreements. There are just two limitations on the CFPB’s authority here. First, the CFPB may not restrict a voluntary arbitration agreement entered after a dispute has arisen. Second, any rule…

Aggravated Stalking Criminal Defense Attorney In Okaloosa County

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Criminal Defense Law Firm For Aggravated Stalking Arrest in Fort Walton Beach, Destin Or Anywhere In Okaloosa County Florida Law defines aggravated stalking (§784.048(3)) as willfully, maliciously and repeatedly following, harassing or cyberstalking another person and making a credible, verbal or non verbal threat that puts the person in reasonable fear for their safety, their family’s safety or their close associate’s safety. It is also considered aggravated stalking if the alleged victim is under the age of 16. But perhaps the most common type of aggravated stalking charge is based on the situation where a person has obtained a No Contact Order or Domestic Violence Injunction against the Defendant. Elements of Aggravated Stalking Charge In Okaloosa County To prove Aggravated Stalking beyond a reasonable doubt, there are two elements in which the State must prove: Defendant willfully, maliciously, and repeatedly followed, harassed or cyberstalked victim, and;…

Wisconsin Appeals Court Says Search of Automobile Passenger Was Reasonable Based on the Totality of the Circumstances

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A Wisconsin law enforcement official may search a suspect the officer has not placed under arrest if the officer believes contraband will be uncovered based on the totality of circumstances.  In an unpublished opinion, a Sheboygan police officer made a traffic stop after he apparently noticed an automobile was operating with suspended license plates.  After making the stop, the officer discovered the driver’s operator’s license was also expired.  The law enforcement official then asked the passenger for identification and learned that the man had an outstanding warrant from another state for allegedly selling marijuana.  According to the officer, he then called a K-9 drug sniffing unit to assist him. Next, the K-9 unit examined the vehicle for drugs.  The dog apparently indicated there was marijuana shake in the ashtray, on the floor, and in a seat pocket of the vehicle.   After that, the police officer began searching the…

Rounding up recent posts of note from Marijuana Law, Policy and Reform

Wisconsin Federal Court Considers Motion to Exclude Evidence in Marijuana Trafficking Case

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In a criminal trial, evidence must meet certain criteria before it may be introduced to jurors. In United States v. Wilkerson, a man was charged in a Wisconsin federal court with possession of marijuana with intent to distribute, possessing a firearm in order to facilitate drug trafficking, and being a felon in possession of a gun. The arrest was made following a law enforcement search of the man’s residence. After he was charged, the defendant filed a number of motions in limine. In general, such a motion requests that certain evidence be excluded from a case prior to trial. In his first motion, the defendant asked the judge to prohibit the prosecution from introducing evidence related to various statements he allegedly made after he was arrested but before his home was searched. In addition, the man asked the court to direct the U.S. not to offer evidence indicating the defendant provided police with the keys to his home prior to conducting their search. In response,…

Wisconsin Court Severs Criminal Charge That Could Result in Unfair Prejudice in Unregistered Sex Offender Case

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Sometimes, criminal charges may result in more than one trial in order to avoid potential prejudice. In United States v. Williams, a Wisconsin man was arrested and charged with failing to register as a sex offender pursuant to the requirements enumerated in the Sex Offender Registration and Notification Act (“SORNA“), attempting to entice a minor child to engage in prohibited sexual acts, possession of marijuana, and committing a felony involving a minor while required to register as a sex offender. Following the man’s not guilty plea, he asked the district court to sever the first two counts against him from each other. According to the man, the two criminal counts were unrelated, and trying them together would deny him his right to a fair trial. In reviewing the man’s motion, the Eastern District of Wisconsin first stated two offenses that are based on the same transaction and similar in character may be charged in the same indictment under Federal…

Wisconsin Court Did Not Err When it Adjusted Man’s Child Pornography Sentence Upward by Four Levels Due to Sadistic Nature of Images

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Under certain circumstances, a criminal sentence in a federal case may be adjusted upwards based on a defendant’s alleged conduct.  In United States v. Johnson, a Wisconsin man was accused of possession of child pornography and production of pornography while on probation for second-degree assault of a child.  The man apparently admitted to violating the terms of his probation by contacting minor females through various social media accounts and requesting sexually explicit photos of the girls that he stored on his cell phone.  Several of the photos included a 12-year-old child inserting items such as a screwdriver into her vagina. As part of a plea agreement, the man pleaded guilty to one count of producing child pornography and one count of possession of child pornography.  At his sentencing, the court concluded that the photos depicting the child inserting items into her genitalia constituted masochistic or sadistic material.  Although the…

Wisconsin Federal Court Denies Motion to Suppress Evidence in Milwaukee Marijuana Possession Case

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In United States v. Jackson, a man was pulled over by a Milwaukee County Sheriff’s Deputy regarding the dark tint on his vehicle windows. As the law enforcement officer approached the man’s vehicle, the Deputy allegedly smelled marijuana. As a result, the officer asked the man and his passenger to exit the vehicle and conducted a search for drugs. After opening a can of degreaser, the Deputy apparently uncovered two baggies of marijuana. After that, the driver was apparently handcuffed and placed in the officer’s vehicle. According to the Deputy, the man willingly answered questions without an attorney present while being recorded. During their conversation, the man admitted to having marijuana in his possession. The man also supposedly told the officer he had weapons used for protection at his residence. After questioning both the man and his passenger, the Milwaukee County Sheriff’s Office obtained a search warrant for the man’s home. When the…

Drug Evidence Found on Man After Milwaukee Police Stop Van Due to Marijuana Smell Admissible at Trial

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In an unpublished opinion, Milwaukee police officers conducted a traffic stop on a Chevrolet van in June 2013. According to police, the van was stopped because it had a broken tail light and smelled of burning marijuana. One of the officers apparently ordered a passenger to exit the vehicle and patted him down before requiring the man to sit on a nearby curb. After conducting a search for outstanding warrants, police learned the passenger was on probation related to a prior drug conviction. Next, the Milwaukee officers asked the passenger if he had any marijuana in his possession. The man allegedly stated he did not because he and the driver “smoked it all up.” Since the passenger purportedly claimed to have ingested the drug, the officers placed him under arrest for violating the terms of his probation. Police then conducted a search of the man’s person and reportedly found a baggie of heroin in the passenger’s pants. The passenger was subsequently…

Not Guilty Verdict in Felony Assault Case Utilizing Defense of Others Strategy

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As an Aggressive and Experienced Criminal Defense Attorney and former Assistant State's Attorney, I have prosecuted and defended well over a thousand First and Second Degree Assault Cases. These serious cases can carry substantial penalties to include lengthy jail sentences upon conviction - particularly when a serious injury is involved. The maximum penalties are 25 years and 10 years respectively. Many people are shocked to learn that second degree assault carries such a long jail sentence in spite of it being a misdemeanor. I recently secured an acquittal for a Maryland school teacher who was charged in such as case. The incident, which I will describe below, resulted in the alleged victim sustaining a traumatic brain injury and was charged as a First Degree Assault. Needless to say, given the serious injury to the victim, the State was aggressively prosecuting the case. He are the facts:

Injured while waiting for a bus or train – who is liable?

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Platform injuries while waiting for a bus or a train can happen. From slip and falls to assaults, a bus stop or train platform isn’t always safe. If you’re injured at a bus stop or on a train platform in Pennsylvania or New Jersey, you may have the right to file a personal injury lawsuit for damages. Here’s what you need to know about determining liability.How did the accident occur? The most important question regarding liability is determining how your accident occurred and the type of accident. Common accidents that may occur while waiting for a bus or a train include:A slip, trip or fallBeing pushed onto the train tracksAn assaultBeing hit by an oncoming vehicle (bus or car) If someone else was directly responsible for your accident, then this person or entity will be held liable if negligence can be proven.Examples of Negligence While Waiting for a Bus or TrainSome accident types, like slip and falls, occur regardless of another person’s action…

Motorcyclist Killed in Jackson Crash

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On Thursday morning, a motorcyclist was killed in a crash in Jackson. According to WAPT News Channel 16, the wreck happened at the corner of Woodrow Wilson and Bailey Avenues. For currently unknown reasons, 22-year-old Torrance Jackson's motorcycle crashed into a Dodge Ram truck. Apparently, the truck was turning onto Woodrow Wilson Avenue at the time of the crash. Very few details have been released about this collision, which is likely still under investigation with local law enforcement authorities. Motorcycle Crashes Across The U.S. Motorcycle riders are one of the most vulnerable roadway user groups. Unlike traditional passenger vehicle occupants, they don't have the added protection of seat belts, air bags and steel cages. They aren't fully enclosed and they're only on two wheels. Roadway hazards that might not be a big deal for drivers could be life threatening for bikers. Even a pothole could be deadly if a motorcyclist doesn't have the room…

USAF Finds ISIS Headquarters Via Social Media and Bombs It

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Just another reason not to restrict ISIS accounts on Twitter - a careless ISIS member posted a picture of himself standing outside an IS headquarters on an open forum. The U.S. was able to identify it and bombed it. Air Force Gen. Hawk Carlisle,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Three Arrested For Meth in Florence

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Earlier this week, three people were arrested on drug charges in Florence. According to WJTV News Channel 12, 18-year-old Monica Barron, 30-year-old Hughey Fikes and 44-year-old Chester Smith III were charged with sale of a controlled substance and the conspiracy to sell a controlled substance. Very few details have been released about the arrests, but we do know that both meth and marijuana were involved. Drug Arrests in Jackson Even first-time offenders can face severe prison sentences for non-violent drug crimes. If you or somebody you love has been arrested and is facing drug charges, you need to speak with an experienced defense lawyer as soon as possible. The team at Coxwell & Associates, PLLC is standing by to answer your questions at (601) 948-1600.

News Roundup

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Is the death penalty dying? It’s a fair question given that the Republican-controlled Nebraska legislature just abolished the punishment over the governor’s veto (the New York Times has the story here), and that yesterday’s ABC News poll reveals a “new low” in national support for the death penalty (albeit only over a time horizon of […]

Coerced Guilty Pleas in Florida

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In criminal proceedings, a defendant’s plea can be taken back up until the time of sentencing. Once the defendant enters a plea and the court pronounces the sentence, the plea is final and cannot be changed. But if the defendant is coerced into pleading guilty to a crime, he or she can challenge the legality of the plea. Plea Bargains Plea bargains can be beneficial both to the defendant and to the state. If a defendant pleads guilty, the state saves time and money on a trial, and the prosecutor gets a conviction. In return, the prosecutor will likely recommend a less harsh sentence for the defendant, and the defendant avoids having to go through the expense and stress of a trial. But sometimes, a prosecutor will be so intent on getting the offender to agree to a plea bargain that the prosecutor will coerce the offender into pleading guilty. This is illegal, and can result in the defendant having a trial or a new sentence being imposed. Voluntariness Guilty pleas must be…

We Are What We Work

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Orly Lobel, The New Cognitive Property: Human Capital Law and Reach of Intellectual Property, 93 Tex. L. Rev. 789 (2015) Matt Bodie Where does the employee end and the employer begin? In The New Cognitive Property, Orly Lobel confronts us with employers’ ever-expanding reach into the craniums of their employees, both past and present. The article continues Lobel’s groundbreaking work into the intersections between employment law, intellectual property, and what she terms “human capital law.” Employers are bringing new legal tools to bear against employees to keep their ideas within the firm and prevent them from using their talents outside their current workplace. And as her research makes clear, the costs may be borne not only by these workers, but by our society and its capacity to innovate. Lobel’s 2013 book Talent Wants to Be Free explained, for a more general and business-oriented audience, how restrictions on employees such as covenants…

The Tattoos, the 1st Amendment and Racketeering

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On September 25, 2013, after a trial held in the U.S. District Court for the Southern District of New York, Earl Pierce, Melvin Colon, and Joshua Meregildo were convicted of, among other things, conspiracy, racketeering, murder, narcotics trafficking, and firearms offenses, and then appealed.  U.S. v. Pierce, 2015 WL 2166141 (U.S. Court of Appeals for the 2d Circuit 2015). The U.S. District Court Judge who had the case then “sentenced Pierce principally to 600 months' imprisonment, Colon principally to life plus 420 months' imprisonment, and Meregildo principally to life plus 60 months' imprisonment.”  U.S. v. Pierce, supra. The Court of Appeals begins its opinion by explaining that Pierce, Colon, and Meregildo were members of a violent street gang, dubbed the Courtlandt Avenue Crew (`CAC’) by the government, that engaged in the trafficking of crack cocaine, heroin, and marijuana in and around the Melrose Public Housing…

From Animal Cartoons to Opposition to the Death Penalty: Just About Anything Can Land You in Prison in Iran

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Artist Atena Farghadani It seems that not one single thing escapes the attention of hardliners in Iran, bent on using the extraordinary powers they hold to suppress every effort by Iranians to exercise their right to freedom of expression. They have even decreed that men should refrain from sporting various hairdos and—yes I am not kidding—from plucking their eyebrows, because those are considered to be indications of “devil worshipping” and homosexuality. Although such preoccupations may seem risible to some, the people who are caught up in this dragnet are suffering very real and harsh consequences. Atena Farghadani is a 28-year-old artist and women’s rights activist. She drew a cartoon depicting some members of Iran’s Majles (Parliament) with animal heads, as a form of protest against bills that are in different stages of moving through the parliamentary process that, in an effort to boost child-bearing, would among other things, restrict…

Sentenced To A Lifetime Of Unemployment

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Jane Doe, a pseudonym, moved to expunge her conviction before Judge John Gleeson in the Eastern District of New York.  It wasn’t that evidence came to light that was innocent of the crime. It did not, and she was not. It wasn’t her conviction for healthcare fraud wasn’t relevant to her current circumstances.  She was a home health aide, it was directly relevant, at least on its surface. But as Judge Gleeson wrote in his decision: I sentenced her to five years of probation supervision, not to a lifetime of unemployment. Jane Doe’s background was fairly common, a mother of four whose husband left her, working as hard as she could. Still, she was unable to earn enough to pay her rent, no less feed her children. Doe enrolled in a nursing assistant program and became a home health aide. By 1997, when she first became involved in the criminal conduct that gave rise to her conviction, Doe’s children were ages 12, 10, 7, and 1. She was raising…
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