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Maryland Commentary

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"Repealing Maryland's death penalty," is Governor Martin O'Malley's OpEd in Politico. In Maryland, we govern by results: when a public policy works, we choose to invest in it. On the other hand, when a public policy does not produce results,...

Can police raid someone’s home if they had no probable cause?

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Free legal answers from attorneys - They said they were just doing a "neighborhood check". Is that even a thing? They found a small amount of marijuana i

Why should I hire a Riverside criminal defense attorney for my rape case in Riverside? - Penal Code section 261.

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Rape is a very serious crime in California. Rape is defined as an act of sexual intercourse with someone accomplished through force, threat, or fraud. If you are convicted of committing rape, you can be imprisoned in a state prison...

Can someone by charged with cyber bullying?

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Free legal answers from attorneys - There's a kid who makes fun of my all over Facebook. Its not just on my wall and messages to me but in his posts and p

Gallon Smashing Leads to Juvenile Citation

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Although the Harlem Shake seems to be all the rage this month, there is another internet sensation that is drawing ire from local food stores and law enforcement officials. The craze is called “gallon smashing”, and it involves intentionally smashing a gallon of milk in a grocery aisle.  In order to get away with the [...]The post Gallon Smashing Leads to Juvenile Citation appeared first on The Appelman Law Firm Law Blog

Gallon Smashing Leads to Juvenile Citation

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Although the Harlem Shake seems to be all the rage this month, there is another internet sensation that is drawing ire from local food stores and law enforcement officials. The craze is called “gallon smashing”, and it involves intentionally smashing a gallon of milk in a grocery aisle.  In order to get away with the [...]The post Gallon Smashing Leads to Juvenile Citation appeared first on The Appelman Law Firm Law Blog

Mainstream Media Curious About New Family Law Act

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Lawyers and judges have prepared for British Columbia’s new Family Law Act for many months. Reading, studying, understanding and learning about both the radical and subtle changes that will affect British Columbians. Interestingly, I have received a barrage of phone calls and emails today, the first day of the new law, from Canada’s mainstream media [...]

Another Drug Bust in Fallbrook

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About six months ago, the San Diego County Sheriff’s Department announced the arrest of dozens of people in several communities. As part of “Operation Cruel Summer,” officials seized forty pounds of marijuana, 25 pounds of meth, guns, and over $150,000 … Continue reading →The post Another Drug Bust in Fallbrook appeared first on .

Police Charge Man with Felony DUI after Collision with Child

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A Spartanburg, South Carolina man has been charged with Felony DUI after leaving the scene of a collision.  He collided with a 12-year-old boy who was riding his bicycle on the sidewalk; the boy suffered a broken leg. The accident took place near the corner of North Forrest Street and St. John Street in the morning on February 13th.  Witnesses’ report that sparks from the boy’s bicycle could be seen as the man was pulling his car from the scene.   He is being charged with Felony DUI with great bodily injury which is punishable of up to 15 years in prison.  ...

Why you shouldn’t post threats on Facebook.

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You really shouldn’t post threats on Facebook for several reasons. The act of threatening people is not very nice. Your Facebook friends probably won’t find it funny or amusing.  And according to Florida’s 1st District Court of Appeal, it may be punishable by up to 15 years in prison. Mr. O’Leary did post threats on Facebook   [...]The post Why you shouldn’t post threats on Facebook. appeared first on Dui Jack.

NC Police Officer Fails Breathalyzer and Resigns from Position

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A police officer from Hendersonville, has resinged as a police officer after blowing a 0.08 and subsequently charged with a DWI. According to the reports, the incident occured in early Feburary, where the officer was both a state trooper and Marine Reservist. He had served his active duty in the Marines in Iraq, and for several years thereafter, he spearheaded the “Marines Toys for Tots”program during this past Christams season in Buncombe County. He was a prominent figure in many other numerous charitable organizations, and known as a family man. The 36-year-old was apparently on duty at the time of his arrest, which was around 8:00 a.m. ...

Star college tight end suspended after DUI arrest.

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dui 3.pngFrom USA Today online, the Washington Huskies star tight end, Austin Seferian-Jenkins, was suspended from the football team after his weekend DUI arrest. According to head coach Steve Sarkisian, the football star will be immediately suspended from all team activities while the university completes its investigation. This most likely means that Mr. Seferian-Jenkins will not be able to finish spring football. After Tuesday practice, head coach Steve Sarkisian released a brief statement. Sarkisian said the university "will make the decisions necessary based on our team rules and our school's policies that are fair to him and fair to us, and we will move forward and we will support him," According to the Seattle police, the suspect was involved in a one-car accident Saturday night. Officers found the suspect outside his car, disheveled, with a bloody nose and he showed signs of being impaired. He was then arrested for suspicion of driving under the influence. Austin made second-team All-PAC Ten honors last year after his 69-catch, 850 yard performance. Only a junior, he is already his school's all-time reception leader for tight ends. He is also a finalist for the Mackey award, given annually to the nation's top tight end. As of the time of this writing, Austin's punishment is unknown. However it is a safe bet that he will be on the field August for his team opener.

What am I looking at for violating a restraining order?

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Free legal answers from attorneys - I know this was dumb but I can't go back now and wanna know whats gunna happen. I had a little too much to drink and w

Florida Marijuana Case Thrown Out After Stop for No Rear View Mirror

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In Florida, many drug cases start out as routine traffic stops. A police officer stops a driver for violating some traffic law, suspects that the driver has drugs in the vehicle and then ultimately searches the occupants and/or the vehicle, either after walking a drug dog around the vehicle or getting consent to search from the driver or determining some other basis for probable cause. However, if the initial traffic stop is not valid, any drugs found in the vehicle or on one of the occupants of the vehicle should be thrown out. In a recent possession of marijuana case near Jacksonville, Florida, the defendant was stopped because he was driving his vehicle without a center rear view mirror. After stopping the defendant for that reason, the police officer said he saw bags of marijuana on the driver's lap and arrested him for possession of marijuana. The criminal defense lawyer filed a motion to suppress the evidence of the marijuana because the initial stop of the vehicle was illegal. The police officer was incorrect in assuming it is illegal to drive without a center rear view mirror. For that reason, the police officer did not have a valid basis to stop the driver. Since the initial stop was not legal, the evidence of the marijuana found after the stop was not admissible in court, and the possession of marijuana charge was thrown out.

Should I get an attorney if I got charged with possession of paraphernalia?

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Free legal answers from attorneys - Not sure how bad this charge is and if I need an attorney to help me. Just want to know if its something I can handle o

Not a Good Situation: 35-year-old Mom Hit with Nearly a Dozen Lewd Conduct Charges and Could Face Life Behind Bars

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The trickiest things about facing a Los Angeles lewd conduct charge (or sex crime charge anywhere) is breaking the news to friends and family. Courtney-Sue-Reschke-los-angeles-lewd-conduct.jpg A criminal charge is always embarrassing and unpleasant to discuss. But some charges are worse than others. Consider, for instance, the very serious charges facing 35-year-old Courtney Reschke. She stands accused of making illegal sexual contact with eight different teenage boys. All told, she faces 20 criminal counts, including 11 lewd conduct charges. In the state of Idaho, a lewd conduct charge with a minor can be punished by a lifetime behind bars. Here's the sordid story, courtesy a local Idaho TV station, KBOI. Police arrested Reschke back in November, after she allegedly provided alcohol to a bunch of 14- and 15-year-old boys -- friends with her oldest son -- and had sexual conduct with many of these young teens. A grand jury indicted her in December on 20 counts, including the lewd conduct charges as well as charges of sexual abuse and of dispensing alcohol to minors. Reschke is being held in a local jail on a bond of $750,000. Prosecutors accuse her of plying the young boys with alcohol and then engaging in sexual activities with them. Per court testimony, she also has two other children -- ages 5 and 10 years old -- who were at home when the alleged behavior took place. After the arrest, the children were taken into custody by the Idaho Department of Health & Welfare. The story is obviously quite disturbing and tragic on many levels. Who knows why certain people lose their inhibition and commit sex offenses in Los Angeles, Idaho, and elsewhere? Undoubtedly, the reasons range from neurobiological to cultural to psychological. Unfortunately, we live in an extremely judgmental society. If you or a loved one stands accused of similar charges -- hopefully milder charges but serious ones nevertheless -- you might be conflicted about to do to exonerate yourself or at least reduce the chances of unfair punishment. Although your charges may seem monolithic -- in the sense that they present a singular challenge to your freedom and life -- your problems are no doubt diverse, and they likely touch upon every area of your life. To make sense of what you have gone through and to develop the most articulate and powerful response to the charges, get in touch with the Kraut Law Group today for a free consultation. Attorney Kraut is a compassionate, resourceful Los Angeles lewd conduct defense lawyer with great connections and a kind and empathetic manner.

Life After Exoneration, with Compensation, or Without

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(Pictured: Vincent Moto) An article in Sunday's Philadelphia Inquirer explores the difference in quality of life for two exonerees-one from New Jersey, which compensates the wrongfully convicted, and one in Pennsylvania, which does not. Though New Jersey's statute is still well below the national standard, offering only $20,000 for each year of wrongful incarceration as opposed to the federal standard of $50,000, it is far preferable to nothing. The only recourse for Pennsylvania's wrongfully convicted is to sue, though such lawsuits are rarely successful. Of the 11 people exonerated through DNA evidence in Pennsylvania, only four have received restitution this way. One who has not is Vincent Moto. The Philadelphia Inquirer reports: "They take your respect and dignity as a man," Moto said. "A lady spilled a hot cup of coffee on her lap and she got millions. Come on. I'm not looking for billions of dollars. If they could give my daughter a college scholarship, I'd take that. If they gave me the $160,000 my mom spent on lawyer fees, I'd take that."State Sen. Stewart Greenleaf (R., Montgomery), head of the Judiciary Committee, plans to reintroduce a bill that would give exonerated prisoners $50,000 per year of wrongful incarceration.The bill failed to move out of committee in the Republican-controlled Senate last year. Greenleaf fears a tight budget may sink it again. Pennsylvania is one of 23 states that still lack a compensation statute. The Innocence Project recommends paying at least $50,000 per year of wrongful imprisonment as well as providing social services such as health care, counseling, job skills training, and more. Read the full article. Read more about compensating the wrongfully convicted. Watch a video with exonerees Calvin Johnson and Herman Atkins discussing the obstacles that they face after release. More about Vincent Moto.

Denny Ray Hughes of Wilton Manors, Florida Arrested for Fraud and Identity Theft

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Denny Ray Hughes of Wilton Manors, Florida was arrested this past week after he was accused of stealing identities in a scheme to defraud unemployment services, news sources report. Hughes, 40, was booked into the Broward County Main Jail on charges of identity theft, wire fraud, and defrauding the State of Florida out of approximately $206,000. It is unclear whether qualified for bail bond. Reports did not specify if Hughes has hired a lawyer. According to reports, Hughes created a sham business called Mortgage Relief America, LLC to orchestrate his scheme. Hughes allegedly used fraudulently obtained names, birth dates, and social security numbers to make it appear as though nearly two dozen people worked at his bogus company, when in fact they did not. From January 2011 to April 2012, Hughes reportedly listed the fake employees as having been laid off from his company and used their information to file of unemployment benefits. Reports say he filed the claims via telephone and over the Internet once or twice a week. Unemployment sent the benefits to one of Hughes' bank accounts for several months. In all, detectives say Hughes collected around $206,000 in unemployment compensation from the government. It is unclear how detectives became aware of the alleged fraud. So far, Hughes has remained silent about the charges against him. If a jury finds him guilty, Hughes could face nearly 20 years behind bars and a fine up to $250,000. While fraudsters work around the system, other thieves are more direct. Patrick James Gelardi of Delray Beach was arrested Saturday after he was accused of stealing a cell phone from an AT&T store, reports say. Gelardi, 25, was booked into the Palm Beach County Jail on two counts of theft. His bail was set at $6,000. It is unclear whether he has hired legal representation. The incident occurred on Saturday when Gelardi paid a visit to an AT&T store on South Federal Highway in Boynton Beach. A police report says Gelardi entered the store with a pair of wire cutters and the intent of stealing one of the shop's display phones. Gelardi allegedly used the cutters to cut a Nokia Lumia phone free from its display. However, unbeknownst to Gelardi, store manager Ciandra Arnold witnessed the theft.

Nancy Brewer of Miami, Florida Arrested for Arson

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Nancy Brewer of Miami, Florida was arrested Thursday after she allegedly set fire to her ex-boyfriend's house, news sources indicate. The ex-boyfriend is Miami Officer Travis Lindsey, sources say. Brewer, 25, was booked into the Miami-Dade County Jail on charges of first-degree arson; she has since been transferred to the Broward County Main Jail. Her bail bond was set at $50,000. It is unclear whether she has obtained an attorney. Reports say Lindsey is a Miami Police road patrol sergeant and, until recently, had been romantically involved with Brewer. However, the couple had recently undergone a breakup. According to reports, Brewer, unhappy with the recent split, allegedly decided to get revenge by setting his house on fire. Around 6:00 Wednesday morning, Brewer reportedly drove to Lindsey's home on Northwest 14th Court in Lauderhill, armed with a can of gasoline. She arrived at the home and allegedly began spreading flammable liquid around outside of the property. Reports say Brewer fastened some cloth around the front door's knob and set it and several floor mats on fire. Once the blaze started, she allegedly fled the scene. Brewer reportedly called 911 to report the fire, presumably after she fled. Lindsey does not appear to have been injured in the blaze. Brewer later arrived at the Miami Police Department and admitted to setting Lindsey's home on fire "because she was upset about the status of their relationship," a police report says. Brewer reportedly wishes to remain mum about the charges until she has hired an attorney. In other news, Jemettie Anne McKeithen, a Palm Beach County Clerk from Sunrise, was arrested Monday after she was accused of using her position with the county office to expunge a suspended license from her record, reports say. McKeithen, 40, was booked into the Broward County Main Jail on two counts of official misconduct and a petty count of theft. Her bail was set at $9,000. It is unclear whether she has hired legal representation. According to reports, McKeithen held a job processing payments for people paying traffic citation fines at the Palm Beach County Clerk's Office. It is unclear how long she has held that job or how this arrest will affect her position with the office. So far, the county office has not commented on the allegations against McKeithen.

Supreme Court : Copyright Infringement Cases, Different Outcomes

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The record companies are happy today. Text book publishers and authors are not. The Supreme Court has denied cert in the case of Jammie Thomas-Rasset, a native American who uploaded, downloaded... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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