Fascinating new drug guideline resentencing opinion from Judge Jack Weinstein
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Pasco County Doctor, Office Manager Accused of Medicaid Fraud
A Wesley Chapel doctor and his office manager are accused of defrauding the Florida Medicaid program out of more than $100,000. The male doctor and his office manager, who is also his ex-wife, were arrested Wednesday. Investigators allege the pair billed the Florida Medicaid program for services that were never performed. The man is an ear, nose and throat specialist. The officer manager’s arrest report lists her as a registered nurse at Moffitt Cancer Center. Both are facing one count each of Medicaid provider fraud, one count of first-degree scheming to defraud and one count of second-degree criminal use of personal identification information. If they are convicted, they face up to 30 years in prison. They could also be ordered to pay more than $100,000 in restitution. The case will be prosecuted by Attorney General Pam Bondi’s Office of Statewide Prosecution. Medicaid is a federal and state cost-sharing program that provides healthcare to people who are unable to…
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5 Easy Steps to Finding a Good Divorce Lawyer in Maine
The media is full of advertisements offering "quick and easy do-it-yourself" divorces, but marriage dissolutions are rarely quick or easy. Divorce is an extremely complicated process. It's never a matter of just splitting everything down the middle and moving on with your lives. If you have children, the complexities of divorce become even more convoluted while you and your spouse fight over custody and child support. You should never consider going through divorce alone because without experience you have no idea the protections you need to have in place for your children's and your futures. There will be things you would have never thought about, and this is why you need a skilled divorce attorney in your court—pun admittedly intended. But how do you find a good divorce lawyer? It's not as easy as opening up a phone book, but it's not too complicated either. As long as you understand what to look for, the task of finding your attorney…
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Final Update on Fatality Crash in Power County
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: 07/15/15 5:30 P.M. Please direct questions to the District Office ***Final Update*** On Wednesday, July 15, 2015, at 2:04 p.m., the Idaho State Police investigated a train versus pedestrian crash near the Bannock Peak Casino, in Power County. Robert T. Hall, 21, of Shelley, was walking westbound on the train tracks when he was struck by a train also going westbound. The train came to a stop just west of the intersection for E County Road and Arbon Valley Highway. Hall succumbed to injuries on scene. Next of kin has been notified. The Arbon Valley Highway was blocked for almost 3 hours. This crash is under investigation by the Idaho State Police with the assistance from Power…
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What to do if falsely accused of a sex offense?
Being accused of sexual misconduct or other sex offense comes with many plane loads of baggage, as well as the social stigma of being called a “sex offender.” False allegations can arise because of a misunderstanding or miscommunication. Your first reaction might be to tell the world- the police, the media, on social media platforms, […] The post What to do if falsely accused of a sex offense? appeared first on The Nielsen Group.
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Can You Help Me Get My License Back In My Home State If I Got A DUI While Visiting New Jersey?
Generally speaking, when you face legal action in a particular jurisdiction, you should get advice from an attorney familiar with the laws governing that jurisdiction. Read More
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Do You Defend Out-Of-State Drivers Who’ve Been Charged With DUI In New Jersey?
Yes, I defend drivers from other states who’ve been charged with DUI in New Jersey. It’s important that you hire experienced help with your New Jersey DUI case even if you live elsewhere, because most states communicate DUI convictions to each other. Read More
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USE OF ANONYMOUS REPORTS TO POLICE
The use of anonymous informants is widespread among officers investigating narcotics offenses. It is well known that, in the Dallas area, there are hundreds of law enforcement officers that might be using confidential informants at any time, considering the plethora of state and federal agencies with narcotics officers. It is also common, albeit less controversial within the general public, for investigating officers, whether in the narcotics context or not, to rely on tips from anonymous members of the general public that they have not dealt with before, which means that it may be difficult to show why the person was reliable. The use of anonymous information from the general public is controversial in the legal setting, and there is a large body of law addressing the constitutional constraints. An anonymous tip alone will rarely establish the level of suspicion required to justify a traffic stop or some other kind of detention that is used to further investigate. However,…
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Limits on Defendants’ Courtroom Attire
Shea and I have blogged before about and lawyer attire and juror attire. I’ve even touched briefly on defendants’ attire, but none of us have ever addressed a judge’s ability to set minimum clothing standards for defendants. That issue has reared its head in Fayetteville, where a district court judge recently held a defendant in […]
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Arkles on Prison Sexual Violence
Gabriel Arkles (Northeastern University - School of Law) has posted Regulating Prison Sexual Violence (Northeastern University Law Journal, Vol. 7, No. 1, pp. 71 - 130, 2015) on SSRN. Here is the abstract: An end to sexual violence requires bodily...
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When Toy Guns Look Real, Confusion Ensues
When Toy Guns Look Real Boston police have recently called for legislation to be put into place concerning toy and replica guns. Not only are BB guns and air rifles commonly used by teens to commit acts of vandalism such as the destruction of property. In light of the recent rash of highly publicized instances of police shooting innocent people and people starting to fire shots back at the police, law enforcement officers have been on high alert when it comes to identifying potential shooting threats. Since officers are on edge and are concerned about their safety while on the job, things can get very dangerous very quickly if an officer mistakes a toy gun for the real thing. When toy guns look real confusion ensues. Brockton Police Kill Man Armed with BB Gun Earlier this summer, Law Officer reported that two Brockton, Massachusetts police officers opened fire on a man that they suspected was pointing a real gun at them. The gun, however, turned out to be a toy BB gun. The…
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Philadelphia Inquirer Highlights Poor Bike Infrastructure in Philadelphia Suburbs
A June 30, 2015, an article published in the Philadelphia Inquirer – “For Bicyclists – Tough Road in the Suburbs” – highlighted a significant problem in the state of Pennsylvania: while Philadelphia itself has more than 200 bike lanes, surrounding suburbs have far less. With a lack of bicycle infrastructure, the risk of being involved in a bicycle accident is much higher for cyclists outside of the city.The Problem of Poor Bicycle InfrastructureThe problem of poor bicycle infrastructure in Philadelphia’s suburbs is clear; cyclists have few protected places to ride safely, and are forced to travel in areas where vehicles are present, and on roads that are highly trafficked.In fact, the article points out that while Philadelphia has more than 200 bikes lanes, the surrounding counties have less than 1/10 of that combined.Bucks CountyChester CountyDelaware CountyMontgomery CountyThe lack of trails and bike lanes puts cyclists more at-risk for an…
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Florida Appeals Court Holds Defendant May Waive the Right to Testify without Waiving Right to Claim of Ineffective Assistance of Counsel Concerning Right to Testify
A recent 2d District case affirmed the lower court’s denial of eight of a defendant’s claims, while reversing and remanding for the court to provide the defendant an opportunity to amend another claim. The defendant’s facially insufficient claim concerned his decision not to testify at trial and whether he had waived the right to claim ineffective assistance of counsel concerning that right. In this case, Anthony Riggins was charged with one count of aggravated battery with a firearm and one count of shooting at or into a dwelling. Mr. Riggins presented an alibi defense at trial, supported by witness testimony. He elected not to testify in his own defense. He was convicted as charged. Mr. Riggins moved for post-conviction relief and alleged ineffective assistance of counsel. He claimed that his trial counsel failed to properly advise him concerning his right to testify, and his decision not to testify was therefore not made knowingly, intelligently, and…
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Examples of When the State Cannot Prove Constructive Possession in Florida
In Florida, there are a lot of drug cases and gun cases that involve the concept of constructive possession. Actual possession is when the police find a gun or drugs on a person i.e. in his pocket, in his hand, in his waistband, sees him throw the drugs on the ground. Constructive possession is a lot more vague. The state can convict a person of a possession of drugs or gun charge based on constructive possession. However, it can be more difficult. In layman's terms, constructive possession means the illegal item(s) is in a place where it is sufficiently clear the suspect knew it was there and had some control over it. In other words, the state needs to present sufficient evidence for a jury to believe the defendant knew about the item(s) and either put it there or had the ability to remove it. The state does not, however, have to prove the defendant actually did place the item there or intended to take it away at some point. Again, it is vague, but some…
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Obama, in Oklahoma, takes reform message to the prison cell block
the New York Times EL RENO, Okla. — They opened the door to Cell 123 and President Obama stared inside. In the space of 9 feet by 10, he saw three bunks, a toilet with no seat, a small sink, metal cabinets, a little wooden night table with a dictionary and other books, and the life he might have had. As it turns out, there is a fine line between president and prisoner. As Mr. Obama
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Ten Illinois Cities with the Most DUI Arrests
Based on close to 700 surveys given to law enforcement agencies throughout the state, the Alliance Against Intoxicated Motorists (AAIM) compiled crucial statistics regarding DUI arrests in Illinois. AAIM, a non-profit citizens’ action group, was founded in 1982 with the aid of former Secretary of State and former Governor Jim Edgar, who has headed a number of legislative efforts to reduce drunk driving. The survey has been collecting data since 1990 and is funded by a grant from the Illinois Department of Transportation. AAIM Executive Director Rita Kreslin has said that stricter enforcement of DUI laws and community awareness efforts in Illinois have significantly reduced the annual number of DUI-related deaths. Fatalities peaked, she says, in the 1980s. Since then, she said, with directed efforts and the help of law enforcement agencies, traffic safety advocates and communities have prevented numerous accidents and saved thousands of lives. AAIM has…
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Nebraska Strives for Better Eyewitness Identification Practices
Nebraska is the latest state to move towards eyewitness identification reform. The League of Nebraska Municipalities developed a model policy on police identification procedures which was distributed to all local law enforcement agencies in the hopes that these new procedures will replace older, more problematic ways of helping witnesses identify suspects. The model policy encourages police to conduct “blind” lineups in which the administering officer is not involved in the investigation and cannot assist the witness in selecting the actual suspect from a lineup, either intentionally or unintentionally. It encourages the administering officer to remind the witness that the suspect may not be in the lineup. All the participants in a lineup should have similar features. Lastly, when the witness makes a selection, the witness should write a statement about how confident he or she is in his or her selection. “Law enforcement should ask the witness at…
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Harmless Error
What does it mean that an error is harmless?Well, here is what seems to be a pretty good example. Suppose a jury is told that the perpetrator's DNA matches the defendant's, and that the chance of that being a coincidence is 1 in 43,000,000,000,000,000,000,000. Later, an error is discovered in the database from which that figure was generated. It should have been 1 in 40,000,000,000,000,000,000,000. Does that matter? Either one equals waaaaaaay less than reasonable doubt.If I understand this AP article by Michael Graczyk correctly, that is the claim that caused the Texas Court of Criminal Appeals to stay the execution of Clifton Lamar Williams for the brutal beating, stabbing, and arson death of Cecelia Schneider, 93, of Tyler, Texas.Still, to the extent there is any confusion on an issue affecting the actual guilt determination, it is right to be super careful. On the other hand, we should have a rule against last-minute stays on issues…
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Aurora Verdict
Sadie Gurman reports for AP: CENTENNIAL, Colo. (AP) -- Jurors convicted Colorado theater shooter James Holmes on Thursday in the chilling 2012 attack on defenseless moviegoers at a midnight Batman premiere, rejecting defense arguments that the former graduate student was insane and driven to murder by delusions. The 27-year-old Holmes, who had been working toward his Ph.D. in neuroscience, could get the death penalty for the massacre that left 12 people dead and dozens of others wounded. Jurors took about 12 hours over a day and a half to review all 165 charges. The same panel must now decide whether Holmes should pay with his life.
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A Kings Construction Accident Lawyer
A Kings Construction Accident Lawyer said that, this declaratory judgment action arises from an incident on October 23, 2007, in which complainant allegedly tripped and fell over a hose that lay across the sidewalk adjacent to the premises at 1911 Avenue M, Brooklyn, New York ("the Premises") and sustained bodily injuries. Thereafter, she commenced a personal injury suit pending in the Supreme Court of the State of New York, County of Kings ("the underlying action"). Plaintiff, Insurance Company now submits this motion for summary judgment seeking a declaration that it is not obligated to defend or indemnify respondent Ton the grounds that it failed to provide timely notice of the claim in violation of the policy terms. A Kings Back Injury Lawyer said that, plaintiff Insurance Company issued a commercial general liability insurance policy to respondent for the subject premises. The policy conditions coverage under the general liability part on receipt of…
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