Free legal answers from attorneys - Me and my girlfriend broke up two weeks ago. I went over to her place to get my stuff when she wasn't there using a co
Can my ex charge me with burglary if I went back to get my stuff?
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Debra A. Vadala of Lake Worth, Florida Arrested for Sexually Assaulting a Minor
Debra A. Vadala of Lake Worth, Florida was arrested Thursday after she was accused of having sexual intercourse with a 17-year-old boy, news sources report. The victim was the one who reported the alleged assault to police. Vadala, 40, was booked into the Palm Beach County Jail on charges of sexual assault. A judge ordered that she be held on $10,000 bail bond. Thus far, no lawyer has released a statement on behalf of Vadala.
Vadala maintains a job in the home health field, though the details of that job are currently unknown. It is also unclear how this arrest will affect Vadala's line of employment. According to reports, Vadala lives in an apartment complex in Lake Worth; the victim lives in the story under her, sources say. It is not clear how Vadala became acquainted with the boy or how long the two have known each other.
The incident came to light when the victim went to police, claiming that he had had sexual intercourse with Vadala five times. He allegedly told police that he and Vadala had engaged in sexual intercourse just five days before. The boy alleges that Vadala was aware that he was only 17 and told him that she knew it was against the law for her to sleep with the victim because of his age. The victim said Vadala would invite him to her apartment late at night and greet him wearing nothing but a robe. Reports say Vadala and the victim allegedly discussed their liaisons via text message.
Police spoke with Vadala on Thursday and she admitted to having sex with the boy, but only on two occasions. Vadala said she only learned the boy was 17 recently, but did not say whether she had sex with him after that discovery. Police say they were able to verify the victim's side of the story because he was able to describe a tattoo that Vadala has on her right hip.
Vadala was not the only South Florida resident accused of a sexual crime recently. Julian Bastian of Fort Lauderdale was arrested Saturday after he allegedly masturbated on a mentally handicapped woman's porch, reports say. Bastian, 34, was booked into the Broward County Main Jail on a count of lewd and lascivious offenses in the presence of a woman with a mental handicap. His bail bond was set at $25,000. It is not yet clear whether he has hired legal aid.
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Can I report a theft of my legal medically prescribed marijuana or will I be arrested?
Free legal answers from attorneys - I have a script for MM so I am legally allowed to possess it. My question: if someone broke into my house and took my M
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Senate committee approves expansion of forensic commission jurisdiction
The Texas Senate Criminal Justice Committee today approved SB 1238 by Senators Juan "Chuy" Hinojosa and Joan Huffman expanding the jurisdiction of the Texas Forensic Science Commission in the wake of a limiting Attorney General opinion sought during John Bradley's ill-fated chairmanship. The bill allows the commission to investigate non-accredited forensic disciplines - like arson and fingerprinting - in addition to accredited crime labs. A committee substitute stripped out medical examiners from the commission's jurisdiction, which is a tad odd because the FSC has been dominated by medical examiners. But commission staff say that, if they were tasked to look into allegedly shoddy autopsies, they would have time to do little else. My boss Jeff Blackburn testified about the arson review that the Innocence Project of Texas is performing with the state fire marshal (which is a topic that earned Jeff few new friends when he spoke yesterday at a statewide conference of fire investigators that's currently happening in Austin).The FSC has no shortage of critics. Some in the labs dislike the oversight and there are reformers who consider it a toothless tiger. Granted, as a regulatory body it possesses little authority. But there are also major problems at forensic labs that would not have come out without their investigation. To the extent it's true sunlight is the best disinfectant, IMO that's still an important role to play.
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Can the police impound your car from your property without a warrant?
Free legal answers from attorneys - My daughter is accused of leaving the scene of an accident. The police came and towed my car away that they say she was
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Cushing votes to restrict where sex offenders can live
Obviously logic and evidence is not something these officials will ever consider. There are more children killed by drunk drivers annually than there are by sex offenders, but lets forget that. Are...
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Nebraska Committee Approves Repeal Legislation for Floor Debate
"Bill to end death penalty advances out of Judiciary Committee," is the title of Joe Duggan's Omaha World-Herald report. Nebraska lawmakers will once again debate the death penalty after a proposal to repeal capital punishment advanced Tuesday to the floor...
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Los Alamitos amends sex offender law
3-19-2013 California:
City’s ban on such convicts in certain public places will be narrowed to only target those who committed a sexual offense involving a minor.
LOS ALAMITOS – Looking to...
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MY RECENT ADVENTURE AT THE MAINE LEGISLATURE
Here’s a little story about my recent adventure at the Maine Legislature. It was my second attempt to secure a legislative fix for problems that I have encountered practicing criminal defense in York County. My first ill-fated attempt was several years ago. The sitting D.A. at that time- who is not the current D.A.- was running [...]The post MY RECENT ADVENTURE AT THE MAINE LEGISLATURE appeared first on Ed Folsom.
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Colorado House Judiciary Committee Streaming
You can listen to the Colorado House Judiciary Committee hearing, live now. Earlier coverage of the Colorado repeal legislation begins at the link.
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Help for Commercial Motor Vehicle in Left Lane Violation
Virginia is pretty strict in enforcing our law that prohibits commercial motor vehicles in the left lane on the interstate. 46.2-803.1 is the source of the prohibition. Unfortunately, the statute doesn’t provide any exceptions for commercial vehicles to get into the left lane for a brief moment even to pass slower traffic. And if you’re [...]
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Texting While Driving As Dangerous As Drunk Driving According To Recent Study
A recent study out of Australia confirmed what many people have long suspected: that texting while driving is as dangerous as drunk driving. The study, conducted by researchers out of Australia in conjunction with scientists from the University of Barcelona, concluded that texting while driving is comparable in terms of road risks to driving while [...]
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Texting While Driving As Dangerous As Drunk Driving According To Recent Study
A recent study out of Australia confirmed what many people have long suspected: that texting while driving is as dangerous as drunk driving. The study, conducted by researchers out of Australia in conjunction with scientists from the University of Barcelona, concluded that texting while driving is comparable in terms of road risks to driving while [...]
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New York State Leaders and Lawmakers Call for Better Indigent Defense
Criminal justice reform leaders joined New York State lawmakers at a press conference yesterday urging Governor Andrew Cuomo to overhaul the state's troubled public defender system. The effort was organized around the 50th anniversary of the historic Gideon v. Wainwright case, in which the Supreme Court ruled unanimously that the Constitution guarantees the right to counsel. Innocence Project Co-Director Barry Scheck spoke about the unfulfilled promise of that ruling. The Albany Times Union reports:
"When we fail to provide competent, effective counsel, the foreseeable, predictable consequence is that the innocent are convicted, the guilty are not apprehended, and the public safety is undermined," Scheck said.
Inadequate defense counsel has been shown to contribute to wrongful convictions nationwide. Read the full article. Read more about bad lawyering.
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Arrested for DUI? It Could Cost You $16,000 or More!
Los Angeles DUI defense lawyers know that the cost of being convicted of a DUI in California has increased dramatically in recent years. A study by the Automobile Club of Southern California, as reported in The Los Angeles Times, shows that a first-time misdemeanor DUI conviction can cost up to $15,649.
That reflects a 29 percent increase from the year 2011. The Auto Club determined this substantial increase by calculating the mandatory state and local fines as well as the penalties, restitution, legal fees, and insurance increases associated with a DUI conviction. This number does not, however, include lost wages, bail, or losses associated with car accidents, such as vehicle damage and personal injuries.
There are other losses that can result from a DUI conviction as well. Some drivers are required to install an ignition interlock device, which will prevent the vehicle from starting if an unacceptable level of alcohol is detected in the driver's breath. These devices cost hundreds of dollars to install, service, and maintain. Other motorists are required to attend lengthy alcohol treatment sessions and classes.
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Florida Officer Linked to Two Wrongful Convictions
According to the Sun Sentinel, former Broward County Sheriff's Major, Tony Fantigrassi, who has been linked to the wrongful conviction of Jerry Frank Townsend, is now being sued for allegedly coercing a confession in the Anthony Caravella case. Both Townsend and Caravella were exonerated through DNA testing-Townsend in 2001 and Caravella in 2010. Each of them served over two decades in prison for murders that they didn't commit after false confessions led to their wrongful convictions. Caravella was only 15 years old when he was interrogated and had an IQ of 67. Townsend, who also has a low IQ, ultimately confessed to six murders that he didn't commit. Studies have shown that juveniles and the mentally disabled are especially vulnerable to making false confessions. The Sun Sentinel reports:
Jurors will only hear what Fantigrassi did in the Caravella case, but over the years he was a key player in some of Broward's most notorious wrongful conviction cases. He was also linked to a controversy over a wrongly worded Miranda rights warning form used for years in Broward. And he retired under a cloud in 2005 during the Sheriff's Office faked crime statistics scandal. "When the same people are involved in the same horrendous results, one cannot think it's a coincidence," said Broward Public Defender Howard Finkelstein when asked about Fantigrassi's record.
Caravella's attorney in the civil case, Barbara Heyer, also represented Townsend and prevailed in settling for $2 million with the Sherriff's Office in that case. In addition to Fantigrassi, Caravella is also seeking compensation from the city of Miramar, the Sheriff's Office and three retired Miramar detectives. Read the full article. Read more about Anthony Caravella and Jerry Frank Townsend.
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Teen Dies in Hit-and-Run in Las Vegas
On Sunday an apparent hit-and-run accident in Las Vegas resulted in the death of a 17-year-old female pedestrian. She was found in the center travel line by other drivers. At this time there are no leads as to who may have caused the collision. If anyone is arrested for the incident, he/she may face the Nevada crime of hit-and-run. This incident is Las Vegas's 26th traffic-related death so far in 2013.
![Las Vegas Pedestrian Fatality]( "Pedestrian Fatality")
Fleeing the scene of an accident in Nevada qualifies as the Nevada crime of hit-and-run irrespective of whether the person fleeing caused the accident. Everyone involved in an accident has the duty to exchange information and potentially render aid and even file an accident report. The information drivers must exchange include names, addresses, vehicle registration numbers, and driver license information (upon request by the other driver).
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Fleeing the scene of an accident in Nevada qualifies as the Nevada crime of hit-and-run irrespective of whether the person fleeing caused the accident. Everyone involved in an accident has the duty to exchange information and potentially render aid and even file an accident report. The information drivers must exchange include names, addresses, vehicle registration numbers, and driver license information (upon request by the other driver).
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Are a Child’s Statements to a Treating Psychologist Admissible Under Hinnant?
Suppose a child victim of sexual abuse is referred to a psychologist for counseling. In the course of treatment the child reveals details about the abuse. If the child doesn’t testify at the later sex abuse trial, are the child’s statements to the psychologist admissible under the Rule 803(4) hearsay exception for statements made for [...]
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Can police search my car without a search warrant?
Free legal answers from attorneys - I got pulled over for a tail light out and they demanded to search my car. The ended up finding an open alcohol contain
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What is the difference between a restraining order and a no contact order?
Free legal answers from attorneys - I am just wondering because my ex won't leave me alone and I feel the only way she will is if I take some sort of lega
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