Bill Lewinksi, the forensic fraudster whose phony “science” is embraced by police because it excuses their needlessly killing people to make sure they live no matter what, ultimately relies on the phrase, “Sorry, too damn late,” as a justification to shoot and kill before a cop knows whether an actual threat exists. Matt Apuzzo recounts his use of an analogy to sell this “science” to people who don’t appear to have a well-tuned grasp of how analogies work: “A batter can’t wait for a ball to cross home plate before deciding whether that’s something to swing at,” he told the Los Angeles deputy sheriffs. “Make sense? Officers have to make a prediction based on cues.” Why no, a batter can’t. But then, he knows that a pitcher is throwing a ball for the purpose of getting it over the plate without him striking it with his bat. He knows that the pitch will either cross the plate or not. And he knows…
“Sorry, Too Damn Late”
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Can You Get Deported for Drugs?
For anyone in Ohio, being arrested is a scary situation to face, but this is even truer for those here on student visas or otherwise as legal residents. If you are convicted of a major crime in the United States, your visa can be revoked, and you will be deported after serving your sentence. Most [...]The post Can You Get Deported for Drugs? appeared first on Columbus Criminal Attorney.
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What is a Plea Bargain and Why is it Used?
Movies and TV shows give the false impression that most criminal trials result in a dramatic pronouncement of guilt or innocence. In reality, the vast majority of criminal cases terminate with plea bargains, which are also called plea deals or plea agreements. Plea bargains are controversial, and there are strong arguments for and against their use. In this article, defense attorney Darwin Overson will explain how plea bargains work, the pros and cons of plea bargaining, and the different types of plea deals which may be offered, and the ethical debate surrounding the plea bargain system. What Are Plea Bargains? Are There Different Types? When most people think of a criminal case, they imagine jurors debating whether proof beyond a reasonable doubt exists against the defendant. However, most cases resolve in a very different way: through plea bargaining. Plea bargains are extremely common in all types of criminal cases, and in fact, it’s…
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David Suarez Burgos, Acción de Amparo, Prima AFP
Recuerdan amigos a DAVID SUAREZ BURGOS ("ganador de la concha de plata en algún concurso patrocinado por la OCMA"), Bien, en la Queja Web -la primera- con número 61452-2015, la OCMA me informó que la apelación a la decisión de DAVID SUAREZ BURGOS de declarar IMPROCEDENTE la Acción de Amparo contra Prima AFP, la resolvería el interfecto el 06 de agosto de 2015, que, era ya una evidente violación a las "ACCIONES DE GARANTÍA" por lo cual me volví a quejar, esta vez porque la OCMA aceptaba un perjuicio totalmente incompatible con el Amparo, la respuesta fue que me queje en otra parte (resumo la decisión). Llegó el 06 de agosto y NO SE RESOLVIÓ LA APELACIÓN, el día 07 de agosto me volví a quejar, precisando las DOS QUEJAS ANTERIORES, comparto la respuesta que he recibido de la OFICINA DE CONTROL DE LA MAGISTRATURA (OCMA) me hace mucha gracia el…
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Who Wins When We’re Weary
An incoming read came from an old post at Big Legal Brain, a very funny blog that died back in September, 2014. I took a trip down memory lane, and read it. It was very funny at the time. It’s still very funny, but also sad and telling. The title is “The ROI of Name Dropping.” Social media offers lawyers a wealth of opportunities, from invitations to pay your own way to speak at legal conferences to the promise of a one-day training certificate in Thought Leadership. And, once in every 476,935 posts* to Twitter or Facebook, a lawyer gets a client referral out of the deal. But how does a non-tech savvy lawyer achieve such near-miracles in a manner that makes for worthwhile Return on Investment (ROI)? Two words: name dropping. The post goes back to the good times when lawyers on the internets, those ten percenters who were early adopters ten years after the rest of the world discovered social media, were being told that this is the…
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Highest Court in Maryland Denies Suppression of Cell Phone Data
The quality of the evidence and the manner in which it is obtained are the two critical components of any criminal case. For instance, every citizen is entitled to the Fourth Amendment protections from an illegal search and seizure. A person who is arrested or charged with a crime must look closely and carefully at how the evidence was collected. If there is a question as to the legality of the search and seizure, one may move to “suppress” the evidence. Since each case is unique and entirely fact-specific, it is critical that you contact an experienced Maryland criminal defense attorney to thoroughly review your case, in order to determine whether the authorities complied with the laws intended to protect your constitutional rights. In a recent case, Demby v. State of Maryland, petitioner Quioly Shikell Demby was arrested and ultimately convicted of possession of oxycodone with intent to distribute. Demby sought to suppress evidence that was obtained…
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The Citation, the Automated Traffic Enforcement System and the Photograph
As the title suggests, this post examines an opinion in which the California Court of Appeals – 4th District reviewed Viktors Rekte’s conviction for violating California Vehicle Code § 21453(a) by “failing to stop at a red light.” People v. Rekte, 232 Cal.App.4th 1237 (2015). Rekte was, as explained below, convicted after a trial held in the Superior Court of Riverside County. People v. Rekte, supra. The Court of Appeals, as courts generally do, began its opinion by explaining how the case arose:Operator Don Teagarden is a retired Riverside Sheriff's Department deputy. Since May 2010, he has been employed by the Riverside Police Department to review violations of the Automated Traffic Enforcement System (ATES). The automated camera system captures drivers who enter an intersection while facing a red traffic light. The system is triggered when a car goes through a red light while driving at least 15 miles per hour.…
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What’s Next? Recent Actions Highlight CFPB’s Focus on Student Loans
Beginning with a May 2015 field hearing and request for information – and culminating consent order dated July 22, 2015 – recent actions by the Consumer Financial Protection Bureau (CFPB) highlight its increasing focus on student loans. Although the CFPB began overseeing the student loan servicing industry in late December 2013, it was not until May 14, 2015, that it requested “information from the public about the student loan servicing practices that may make it harder to get ahead of your debt.” That same day, it held a field hearing on student loan debt in Milwaukee, Wisconsin, and by the deadline for responding to its request for information, the CFPB received thousands of comments from aggrieved borrowers. More recently, the CFPB highlighted its increasing focus on student loans by entering into an $18.5 million consent order with Discover Bank and two of its subsidiaries (collectively, “Discover”). The consent order relates to…
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Irving Fryar and mother convicted in mortgage scheme
Mortgage Fraud Blog. Former Philadelphia Eagles player Irving Fryar and his mother, Allene McGhee, were found guilty Friday of charges of conspiracy and theft by deception stemming from a $1.2 million mortgage scheme that prosecutors said victimized seven lending institutions in South Jersey and Philadelphia in 2009. Fryar, a Pro Bowl wide receiver who retired from the NFL […] The post Irving Fryar and mother convicted in mortgage scheme appeared first on Mortgage Fraud Blog.
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House-napping? The newest invasion?
Mortgage Fraud Blog. Brandon Sestoso, 33, Hicksville, New York, his brother Chas Sestoso, 31, Hicksville, New York and Jesse Kusinow, 32, Howell, New Jersey were charged with breaking into a residence in Jamaica Estates, New York in April, 2015, changing the locks and refusing to allow the true homeowners to enter the premises until they transferred the deed of the […] The post House-napping? The newest invasion? appeared first on Mortgage Fraud Blog.
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Tampa lawyer involved in mortgage rescue scam loses law license
Mortgage Fraud Blog. A Tampa lawyer who helped swindle homeowners out of $4.7 million during the mortgage crisis has had his law license revoked by the state Supreme Court. In July of 2014, the attorneys general for Florida and Connecticut filed a federal lawsuit alleging lawyer Ian S. Berger, along with several others, had scammed struggling homeowners by […] The post Tampa lawyer involved in mortgage rescue scam loses law license appeared first on Mortgage Fraud Blog.
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Are MADD Awards to Officers for DUI Arrests Warranted?
Mothers Against Drunk Driving (MADD), the hyper-aggressive group that advocates for tougher laws on drunk driving, regularly awards local officers for the high number of DUI arrests they make in a given year. In fact just last month, several such awards were given in several California counties. To be eligible for the MADD award, officers must arrest a minimum of 25 drunk drivers within a one year period. “Officers Corey Baker and Kevin VanFleet were among several police officers from Ventura, Santa Barbara and San Luis Obispo counties who received the MADD Award,” said the Simi Valley Acorn. “Baker detected impairment in 82 drivers in 2014, and VanFleet made 36 arrests.” According to The Californian, Monterey California Highway Patrol Officer Peter Avila was given the award for making 66 DUI arrests in 2014. This was more than any other CHP officer in the Monterey area in 2014. To many, this seems like a good thing; awarding those who take drunk drivers…
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CEO Convicted in $169M Ponzi Scheme
Mortgage Fraud Blog. Michael J. Stewart, 68, San Clemente, California, the CEO of a now-defunct Southern California real estate investment firm, was found guilty of 11 counts of mail fraud following a nine-day jury trial before United States District Judge Cormac J. Carney. The charges arose out of a real estate scheme that ended with the bankruptcy of the […] The post CEO Convicted in $169M Ponzi Scheme appeared first on Mortgage Fraud Blog.
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Amber Alert Successful In The Return Of Two Abington Children
The kidnapping of two children from Abington, Massachusetts sparked an Amber Alert Thursday afternoon. The two children were found safe later in the day in Yarmouth, Massachusetts and police have arrested the children’s mother in relation to the kidnapping. 7 year old Nathalia Portela Coelho and her 8 year old brother Nathan Portela Coelho were abruptly taken from their home Thursday morning by their mother after she impersonated police to enter the property where the children live with their father. According to preliminary reports released from responding officers, the Abington police department received a phone call at approximately 9:00 AM Thursday morning alerting them of the ongoing situation. The father of Nathalia and Nathan reported that the mother of his children, Bruna Gomes, knocked on the door and declared “Abington Police, open the door,” before pepper spraying the caretaker who answered the door and forcefully letting herself inside the…
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Taking stock of what Glossip now means for executions throughout the US
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Man sentenced in hit-and-run death, judge says he would’ve avoided punishment had he stayed at the scene
The decision to leave the scene of a fatal accident was very costly for a St. Johns County man, a judge reminded him during a sentencing hearing this month. But the man will spend nine months in the county jail, far less than the 30-year maximum sentence of the crime he was originally charged with, according to a report in the Florida Times-Union. The man was driving down A1A one evening in July 2014 when a man stepped into the road and was hit and killed by the driver, the newspaper reported. But, instead of staying at the scene of the accident and calling police, as is required by law, the 25-year-old driver took off. Police found him at his home and arrested him, the newspaper reported. He was initially charged with leaving the scene of an accident causing death, a first-degree felony with a maximum penalty of up to 30 years in state prison. Instead, the state allowed the driver to plead guilty to leaving the scene of an accident causing serious injury – a…
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Could USSC's proposed amendment dealing with SCOTUS Johnson ruling be made retroactive (and how many federal prisioners could then get reduced sentences)?
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Michigan Driver's License Restoration or Clearance - Guaranteed
I have been told, on numerous occasions, that my guarantee to win a driver's license restoration or clearance case was a big reason why someone decided to hire me. While I am grateful for that, I want to make clear that it is the quality of work that I do, and my confidence in it, that allows me to offer my guarantee in the first place. I'm proud of how my office does things; we do good work. It is just a given that anything of substantial quality begins with good ingredients. In my case, I always - and only - begin with a client who has really quit drinking and is genuinely sober. With this as a basis, I can, and do, mold every case I take into a winner. My guarantee is simple: If you hire me, you will win your license back or get your clearance. If, for some reason, your appeal doesn't succeed the first time, I will represent you before the Michigan Secretary of State's Administrative Hearing Section (AHS; formerly the DAAD) until you do. The…
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State pulling the plug on Wilmington Sex Offender House
8-10-15 North Carolina: WILMINGTON, NC (WECT) - Less than a year after launching a program to help male sex offenders transition back into society, the state is phasing out a program that sent dozens of sex offenders to Wilmington after their release from prison. This comes just one month after WECT broke the news about the recovery house just outside of Downtown Wilmington. Many of the people
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***UPDATE*** Fatal Crash EB SH64 at 24.8
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L15000959 --------------------- PRESS RELEASE ----------------------------- DATE: August 10, 2015 TIME: 6:30 AM LOCATION: EB SH64 at milepost 24.8, near Kamiah ASSISTING AGENCIES: Lewis County Sheriff Office VEHICLE #1 ------------- DRIVER James R Cummings AGE 55 ADDRESS Fort Benton,MT INJURIES? - Fatal HOSPITAL/LOCATION TAKEN ? Trenary Funeral Home VEHICLE YEAR 1995 VEHICLE MAKE Chrysler VEHICLE MODEL Centennial WRECKER B&B Towing SEATBELTS WORN? Yes INCIDENT NARRATIVE: …
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