Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71824 articles
Browse latest View live

How long until I can get my DUI removed from my record?

0
0
Free legal answers from attorneys - I got convicted of DUI 5 years ago and its been affecting how I get a job in that I am having lots of trouble getting t

The Loneliness of the Hold Out Juror

0
0
What happens when just one of twelve refuses to vote for guilty? That juror becomes the Hold Out Juror. It takes twelve guilty votes to convict. A jury has twelve members. All twelve have to agree and vote for guilt before a guilty verdict can be returned. The Hold Out Juror is the one who won't go along with the other eleven jurors voting to convict. All kinds of pressure is applied. Shouting at the juror often occurs. Finger pointing in an angry manner is directed at the Hold Out Juror. When this abusive conduct doesn't succeed in swaying the Hold Out Juror irrefutable logic is attempted. The other jurors usually appoint one of their brethren to explain how it just couldn't have happened the way the Hold Out Juror sees the evidence. Of course, he will say, logic dictates that the Defendant's story is full of holes. How could you believe his testimony when it flies in the face of what makes sense to all eleven of us? What is it about you that you don't get it? When logic fails to bring the Hold Out Juror into the unanimous fold, it becomes a case of, if we don't reach a verdict then all of our time, the taxpayers' money, and all of our effort has been wasted. You, the Hold Out Juror don't want that do you? Powerful forces are applied to the Hold Out Juror. It's not often that mistrials are declared when it's only one juror facing down the other eleven. Yet, if the Hold Out Juror stays true to his own beliefs and true to his oath to vote an individual verdict based only on the evidence as he sees it, justice is served even by a mistrial. For the Defendant, the Hold Out Juror is truly a hero who sometimes is the only one between him and an unjust verdict.

WA - Bill would teach kids age-of-consent laws

0
0
Original ArticleIt's about time! Education is what is needed, not hysteria based on myths!03/24/2013By Stevie Mathieu Sexually active teens who don't understand Washington's age-of-consent laws could be committing crimes they aren't even aware of, says state Rep. Ed Orcutt, R-Kalama. He's championing a bill this session to educate young people about sexual offenses in the hopes of preventing inappropriate relationships from starting in the first place. According to the bill, public schools that already teach sexual health education would be required to also teach students about sexual criminal law in Washington and the legal consequences for committing a sex crime with a minor. "I was sitting at home one night watching '20/20,' and there was a story on there about a 19-year-old young man who has been convicted of a sex offense and he mentioned on the show that the reason why he had a sex offense is because at age 19, having sex with a 15-year-old is a sexual offense," Orcutt said while advocating for his bill on the House floor earlier this month. "It was his girlfriend. He said: 'If I'd have known this was a sexual offense, I wouldn't have done it.'" Because of his apparent ignorance of the law, the young man is now branded for life as a sex offender, Orcutt said.Support in Olympia So far, Orcutt's proposal, House Bill 1397 (PDF, Video), is passing through the Legislature with bipartisan support. It sailed through the state House on a vote of 94-4, and it received a favorable public hearing before the Senate Early Learning and K-12 Committee on Friday. Parents and students from Hawkins Middle School in Belfair testified in support of the bill Friday. Student Adin Welander said teens start relationships with other teens without knowing the age rules. "They do have sex, and it affects them their whole life," Welander said. "Nobody wants to hire a sex offender or marry a sex offender. It's kind of creepy. … It's a really bad label. They could have avoided that really easily." Parent Michael Young said there is plenty of misinformation circulating on the Internet about age-of-consent laws, and Orcutt's bill will help set the record straight. "As parents, we want to protect our children," Young said. "Maybe they don't know that they are committing an offense. Maybe they don't know that they are becoming a victim." The bill will help those victims, Orcutt said, because it will let them know when a relationship is inappropriate in the eyes of the law. "They will know that it's not appropriate for somebody that much older than them to be having sex with them," he said. If the law is successful in preventing sexual crime, Orcutt said, it also will save the state money because it takes resources to register sex offenders. The chairwoman of the House's K-12 education committee, Rep. Sharon Tomiko Santos, D-Seattle, also has thrown her support behind the legislation, calling it long overdue, preventative and informative. Speaking from the House floor this month, Santos highlighted her favorite line from the bill. "What this bill specifically addresses is the need to have our students 'take responsibility for and understand the consequences of their own behavior and the objective of avoiding exploitative or manipulative relationships,'" she said. State educators have already developed a curriculum to teach students about sexual criminal law, as was mandated by the 2006 Legislature. "But like so many good pieces of legislation, it ended up with a curriculum being developed and then being put up on the shelf," Santos said. "The legislation before you requires that the curriculum be brought down, reviewed on a biennial basis in cooperation with a variety of community-based organizations, including the Coalition (of) Sexual Assault (Programs), the Washington State Sheriffs and Police Officers, as well as the educators in our state." Public schools in Washington are not required to offer sexual health education. The districts that do must make sure their curriculum is age-appropriate and medically accurate, doesn't discriminate based on sexual orientation, and teaches various methods (including abstinence) for avoiding pregnancy and sexually transmitted diseases.Washington law:It is a crime for anyone at least two years older to have sex with a child who is younger than 12. It is illegal for anyone at least three years older to have sex with someone younger than 14. It is a crime for anyone at least four years older to have sex with someone younger than 16. It is illegal for anyone at least five years older to have sexual intercourse with someone younger than 18 if the older person supervises the younger in some way, such as serving as a teacher or coach. © 2006-2013 | Sex Offender Issues

Hamilton on Sentencing Policy Adjudication and Empiricism

0
0
Melissa Hamilton (University of Houston Law Center) has posted Sentencing Policy Adjudication and Empiricism (Georgia State University Law Review, Forthcoming) on SSRN. Here is the abstract: Federal sentencing is in disarray with a raging debate pitting Congress, the United States...

Defendants Marijuana Charges Reversed

0
0
The defendant in the case is appealing a judgment and sentenced that found him guilty by jury verdict of a violation of the narcotics law. Case Background The information provided in the case charged the appellant along with five other...

2% Recovery Likely For Victims of $220 Million Ponzi Scheme

0
0
In a sobering reminder that Ponzi scheme victims rarely recover more than 5% of their losses, victims of a $220 million Ponzi scheme carried out by an Indiana couple learned that they can expect to recover less than 2% of their losses.  A court-appointed trustee overseeing the bankruptcy of Gary Wilder and his wife, Toni Jo Wilder, estimated that $5.2 million would be available for distribution to victims holding nearly $220 million in approved claims.  Both Gary and Toni Jo Wilder pled guilty to fraud and money laundering charges, and are currently serving prison sentences of 15 years and 7 years, respectively.   The Wilders owned Wildwood Industries ("Wildwood"), which was based in Bloomington, Indiana, and once operated a thriving leaf and vacuum-bag manufacturing business.  Wildwood solicited investors to 'lend' it money, representing that the borrowed funds would be used to buy machinery and promising a guaranteed annual return.  The company represented that it had healthy demand for its machines, obtaining numerous loans from creditors based on purported invoices.  In total, approximately 85 lenders loaned the company nearly $215 million.   However, rather than manufacture leaf- and vacuum-bags, the Wilders masterminded an elaborate Ponzi scheme that caused devastating losses.  The severity of the scheme was aided by several Wildwood employees who admitted to playing a role in continuing the scheme, including one who altered serial numbers on existing machines to make it appear that new ones were being manufactured and another who approved invoices and documents that led to false financial statements.  In total, six people were convicted of various crimes related to their role in the fraud.   Along with the lenders, also included in the victims were the nearly 700 employees who lost their jobs when Wildwood went out of business after news of the fraud broke.  Besides failing to make machines as promised, Wildwood also failed to contribute to employee 401(k) plans and various benefit plans including medical, dental and disability.  Following news of the fraud, Wildwood was placed into bankruptcy by its creditors, and was later sold for $2 million. Gary Wilder pled guilty in July 2010 to one count of bank fraud and one count of money laundering, while his wife pled guilty to one count of conspiracy to commit money laundering.   While creditors filed nearly $600 million in claims with the bankruptcy trustee overseeing the Wilders' personal bankruptcy, approximately $217 million in claims were approved.  A trustee is also overseeing the bankruptcy estate of Wildwood Industries, where asset recovery efforts remain ongoing nearly four years later.

Utah Principal Admits to Viewing Pornography at School

0
0
A Utah principal is in legal hot water after he admitted to viewing pornography on his phone in his elementary school office. What Happened? Chad Christman reportedly told a school district police detective that he had accessed a pornographic website while in his school office in February. The Utah principal has been charged with a [...]

Can Knowing About Drugs = Conviction for Possession?

0
0
woman on phone.jpgHow many of you out there having had a shady friend at one time or another? None of you? I find that hard to believe. Let me share first. I know a girl that is a habitual cheater, but its the way in which she 'hooks up' that adds insult to injury. She will call her girlfriend on speaker phone just so that her current boyfriend hears the girlfriend's voice. After the phone is taken off speaker, the girlfriend on the other line places a three-way call to her "man on the side". Thus, she makes her rendezvous plans right in front of her boyfriend under the guise of planning to hang with her girlfriend. Women. And, there's also those shady friends who are criminal. What, you don't have a friend in Orlando that smokes weed (possession of cannabis charge, technically)? That sells weed (sale and delivery charge, technically)? How about a friend that offers you a hydrocodone pill to ease your pain (possession of prescription drug, delivery, etc)? Well, for those that do have such friends, what happens when you're hanging out and the police close in. What now? This unfortunate scenario has happened quite a few times here in Orlando. Today's real life example comes from the case of Byers v. State of Florida. 17 So.3d 825 (Fla. 2nd DCA 2009). Byers was convicted of trafficking in a controlled substance (methamphetamine) and carrying a concealed weapon. He went to a jury trial, and lost. On appeal, he argued what most folks argue on appeal--that the trial court should have thrown the case out for lack of evidence. Here's how it went down. Police responded to a motel. Byers was standing outside one of the rooms. For no apparent reason, the police approached Byers and asked if he had any weapons. He stated yes, as his front pocket contained a pair of brass knuckles. Kind of old school, but still enough for these cops to arrest Byers on the spot for carrying a concealed weapon.

Monday Night Open Thread: Passover

0
0
It's close to sundown here, which marks the beginning of Passover. Best wishes to all observing. I just got back from the grocery store and was really surprised -- there was an entire aisle of Matzoh, from the U.S. and Israel, and all the regular Matzoh was sold out. Only options: Sodium free, gluten-free, etc. Also gone: white horseradish... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Charged With A Crime, Booked or Arrested, Do You Know The Difference?

0
0
Charged With A Crime, Booked or Arrested, Do You Know The Difference?Defendants who have been arrested, booked and formally charged with a crime generally pass through the three main phases of the criminal justice system:Police or law enforcement agencyCourt systemCorrections or incarceration facilityPolice or Law Enforcement Agency PhaseA police officer or similar government officer usually doesn’t know a crime has occurred until a member of the public reports it. Before a person can be formally apprehended, an arrest warrant based on probable cause is sometimes necessary. A neutral magistrate must approve the warrant because it provides the legal foundation for arresting the person.After a person is arrested, he or she is booked, which usually includes being photographed, fingerprinted and required to produce personal information.If charges are filed, the accused person may qualify for an appropriate diversionary program, such as one for alcohol rehabilitation. However, if the person enters a diversionary program and fails to abide by its rules, he or she will return to the next phase of the criminal justice system for further processing. If charges are not filed, the accused is released.At this point, the accused person moves through both the police phase and the initial court phase of the criminal justice system (source). A person may be charged with a crime before they are arrested. If this happens, a judge will issue a warrant for the person's arrest. A police officer will attempt to locate the person who is the subject of the warrant. If the person is located by the police and arrested, the police must give the person a copy of the warrant that states the charge for which they are being arrested. The police do not necessarily need to have a copy of the warrant with them at the time of the arrest, but they should provide a copy to the arrested person within a reasonable amount of time afterward.After a person is arrested, they will be "booked" at the police department. This entails taking fingerprints and completing other procedural requirements. The person will then be held in police custody pending a court hearing. This hearing will usually take place within 48 hours.When a person is taken into police custody, they have the right to speak with an attorney. The person will be allowed to contact an attorney. The person should have at least a brief opportunity to meet with their attorney before their initial court hearing.Anyone who is charged with a crime should hire an attorney with experience in criminal defense to represent them. This is the best way to make sure that your rights are protected, and that you obtain the best possible outcome.West Palm Beach Criminal Defense AttorneyFew people understand the criminal justice process.Pre-Filing PackageBefore your charges are filed, you have an opportunity to provide the case filing Assistant State Attorney with additional materials, such as witness statements, documents, recordings, and papers for his or her consideration in determining what, if any, charges should be filed against you by the state of Florida. Often, supplemental materials filed by you will greatly reduce charges that are in the process of being filed against you. Therefore, the pre-filing package represents the first line of defense. If you do not file supplemental materials with the State Attorney's Office, the case filing Assistant State Attorney will rely solely upon the case filing package of materials received from the police department, and may accept all allegations and statements contained in the police package as true. This could result in more serious charges being filed against you . Your defenses will rarely be set forth in the police reports used as the basis to arrest you. It is unfortunate that more defendants do not utilize the pre-filing package opportunity in an effort to have charges reduced.FILING OF FORMAL CHARGESAs previously mentioned, the Office of the State Attorney will determine which, if any, criminal charges should be filed against the arrestee. Criminal Defense Attorney Andrew D. Stine will proactively put together a pre-filing package to help determine if the accused should have charges file against him or her.Remember, the Law Office of Andrew D. Stine prides itself on helping individuals who have been formally arrested by Law Enforcement, but not yet had criminal charges filed against the individual by the Office of the State Attorney. As a criminal defense lawyer, serving all of Florida, I try to educate the Office of the State Attorney handling the criminal accusation on facts about the case and the defendant that the Law Enforcement Officer will not mention. In other words, Andrew D. Stine will provide the prosecuting attorney with exculpatory evidence, like a sworn statement from the alleged victim in a Felony Battery or Domestic Battery case that the victim was not touched against their will by the defendant, or that the victim wishes not to prosecute, or that the victim was the actual aggressor. In drug cases such as, Trafficking in Oxycodone, or Possession of Marijuana with Intent to sell, or Possession of Xanax with intent to sell, or any other crime, the law office immediately picks through the evidence with a fine tooth comb to ascertain whether or not the evidence was gathered legally. More times than not the Arresting Officers violate the individual’s 4th Amendment Right when they obtain the contraband through an illegal search and seizure. If this is the issue in your criminal case, then Criminal Defense Attorney Andrew D. Stine will provide these facts to the filing prosecutor of the State Attorney’s Office which can result in the charges being reduced or dismissed all together. Understand that when you hire the Law Office of Andrew D. Stine you may just provide yourself with a ticket to freedom through Mr. Stine’s proactive stance in handling your criminal matter before actual charges are filed by the State of Florida Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly

Woman Arrested for DUI Causing Death in Las Vegas

0
0
Las Vegas DUI DeathThis weekend a twenty-six year old woman was arrested for the Nevada crime of DUI causing death for allegedly causing a fatal collision at the intersection of Wynn and Spring Mountain roads in Las Vegas. The driver of the other car was killed at the scene, though his 2-year-old passenger wasn't hurt. The suspect, who reportedly ran a red light just before the collision, sustained minor injuries. Driving drunk and causing a car accident makes the driver susceptible to charges for the Nevada crime of DUI causing death. Note that the driver may still be charged with this crime even if he/she wasn't impaired but still had a blood alcohol content of .08 or above. A common defense to this crime is that the victim was more at fault than the driver.

Eleventh Circuit discusses key factor in application of federal safety valve

0
0
While on the road, I missed an intriguing lengthy Eleventh Circuit panel decision in US v. Carillo-Ayala, No. 11-14473 (11th Cir. Mar. 22, 2013) (available here), concerning the application of the safety-valve provision of federal law allowing sentencing below an...

"Pardons and the Theory of the 'Second Best'"

0
0
The title of this post is the title of this new paper by Chad Flanders now available via SSRN. Here is the abstract: This paper explains and defends a “second-best” theory of pardons. Pardons are “second-best” in two ways. First,...

Task force: Sex offender restrictions pointless

0
0
3-25-2013 Florida: WEST PALM BEACH — — Harsh local restrictions on where sex offenders can live should be lifted, the Palm Beach County public defender said. And prosecutors and law enforcement... [[This,an article summary.Please visit my website for complete article, and more.]]

Los Angeles Physician Charged with Sexual Battery

0
0
Dr. Pez Abrahams, a physician in Los Angeles was arrested on charges of committing a sexual battery on a patient. The patient was being examined pursuant for federal immigration purposes when the alleged sexual assault by the physician occurred. Dr. Abrahams is being criminally charged with two felony counts of sexual battery. Should he be convicted, Dr. Abrahams will be required to register pursuant to Penal Code 290 or what is commonly called "sex registration." The California Medical Board does not allow physicians who have sexual registration status to practice medicine. This firm has handled many sexual battery by physician cases over the years. Our lawyers have particular experience as former sex crimes prosecutors to manage both the most complicated criminal cases as well as California Medical Board investigation and charges. Should you need to consult with our office about your case, please call our office for a free consultation.

Man Shot By Santa Ana Police During Pursuit Dies

0
0
Jason Hallstrom, 41 died from injuries sustained after being shot by a Santa Ana police officer. Hallstrom was a passenger in a car that was reported stolen and being pursued by SWAT officers. The driver of the vehicle, Travis Mock, 29, led police on a pursuit that ended when the vehicle crashed at the intersection of Grand Avenue and 15th Street in Santa Ana. After the crash, both men attempted to flee the scene and according to an OC Register article where shot by officers when they fled. Initially, reports were that both men were expected to survive, however, sadly Mr. Hallstrom did not. This is the third officer involved shooting in Santa Ana alone this year. As per protocol, the Orange County DIstrict Attorney will investigate the shooting.

2014: Year of Florida's Constitutional Amendment to Legalize Weed? Ask John Morgan

0
0
Constitutional Amendment to Legalize Marijuana in in 2014Say what you want about John Morgan, he is willing to step up to the plate for legalizing medical marijuana in Florida in 2014. That's right, the big time personal injury attorney in Florida known for all of the TV commercials. He is also a big fundraiser for Obama and the Democrats. Of course, we also know from his TV commercials that he is former Florida Governor Crist's new boss.Now John Morgan is heading the effort to get a constitutional amendment on the ballot in Florida to legalize marijuana for medical purposes. He recently announced that he is taking over as the director of People United for Medical Marijuana (PUFMM). Former Director, Kim Russell, an Orlando resident who started the political action committee was happy with the transition.Many thought Florida would be one of the last states to legalize marijuana. But with the money and influence that John Morgan brings it suddenly seems very likely that Floridians will get to vote on the issue.What does it take to amend Florida's Constitution?To get the amendment on the November 2014 ballot, the group will have to collect 683,149 signatures by February 1, 2014 before the amendment could appear on the November ballot.Getting it on the ballot is only half the battle because constitutional amendments need to be approved in Florida with 60 percent of the vote. [Go to PUFMM's website for more information on making a donation or volunteering your time].Read more about efforts to legalize marijuana in 2014 in Florida. Florida State Senate Bill 1250 was introduced by Florida State Senator Jeff Clemens of Lake Worth. The bill is called the “The Cathy Jordan Medical Cannabis Act.” It would allow individuals with medical conditions to possess marijuana if recommended by a doctor. The individual, or their designated caregiver would be allowed to possess up to four ounces of marijuana or grow up to eight plants. Obviously not impressed, officers in Manatee County raided Cathy Jordan's home hours later. Given the organized opposition to the legislation on all fronts, many believe the constitutional amendment is the best route. The constitutional amendment would also make it more difficult for the legislature to defeat the purpose behind legalizing marijuana in the future on a political whim.

The End of Permanent Alimony in New Jersey? New legislation on the Horizon

0
0
New Jersey permanent alimonyA new bill proposed by the New Jersey legislature would curtail the ability of ex-spouses to receive permanent alimony after the dissolution of their marriage. According to the Asbury Park Press, the new regulations, constructed with bipartisan support from Sean T. Kean (R-Monmouth) and Charles Mainor (D-Hudson), places caps on the length of spousal support [...]

CA1: "Binding precedent" under Davis doesn't have to be that obvious

0
0
A GPS was installed on defendant’s car, and then Jones was decided. The Davis good faith exception applies to save this search. How close does the binding precedent have to be? Not too, apparently. United States v. Sparks, 2013 U.S. App. LEXIS 6045 (1st Cir. March 26, 2013): [...] Read more!

Celebrating Women’s History Month

0
0
In commemoration of Women’s History Month, the Justice Department held a Women’s History Month Observance Program to recognize the many achievements that women have made to advance the Justice Department’s mission and to improve our of nation’s cultural, economic, academic, and military institutions. As Deputy Attorney General James M. Cole said during the program: “At the [...]
Viewing all 71824 articles
Browse latest View live




Latest Images