Sandya Eknaligoda wife of disappeared journalist Prageeth Eknaligoda with with their two sons Sathyajith Sanjaya and Harith Danajaya The wife of a disappeared journalist said of her husband’s disappearance, “I think it’s one of the worst crimes in the world, making people disappear. It is not just the one person who disappears…the whole family is psychologically killed.” Yet the crime of enforced disappearance continues unabated in all regions of the world. Governments or their agents are making people “disappear,” repressing suspected adversaries, human rights defenders, witnesses and relatives of victims. Families of the disappeared suffer the anguish of not knowing, sometimes for years, whether their loved ones are being ill-treated or are even still alive. Today, August 30, is observed by the world as the International Day of the Disappeared. Today, Amnesty International is calling on dozens of governments who use this tactic…
How You Can Fight Against “the Worst Crime in the World”
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Policy wonk job fair at Office of Court Administration
There are a several interesting job openings right now at the Office of Court Administration, including two support staff for the upcoming Timothy Cole Exoneration Review Commission (see here and here), which must hold its first meeting by October 31st. Your correspondent, readers may recall, is an advisory member to that panel thanks to my new job. There's another researcher slot open crunching data on indigent defense.In addition, higher up the food chain, there's a posting for the Executive Director's job at the Office of Capital Writs following Brad Levenson's abrupt but not unexpected departure. And there's an opening for OCA's Director of Public Affairs with past director and former Robert-Duncan staffer Megan Lavoie recently leaving that post. Finally, the OCA has posted an opening for its Chief Financial Officer after CPA Glenna Rhea Bowman retired to focus on her musical career. That's quite a few significant jobs open at once for a…
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Following the industries that follows incareration nation (with only limited concerns about sentencing reform)
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Gearing up for the Ninth Circuit oral argument concerning California's (capricious?) capital cae review
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Atlanta Georgia Criminal Defense Lawyer Thomas Nagel discusses O.C.G.A. 15-8-1 Transferring or “binding over” a case from a city to a county court
If you’ve been arrested or charged with a crime that requires you to appear in a city court, traffic court, recorders court, magistrate court or municipal court or anywhere else in the State of Georgia, you have several ways to resolve your case. Your basic options include pleading guilty, not guilty or nolo contendere. If you plead not guilty, your case will be scheduled for a bench trial in that court where the judge will hear the evidence in your case and decide if you are guilty or not guilty. There are no jury trials held in city court. Your case must be bound over to state or superior court if you decide to have a jury trial. (O.C.G.A. 15-7-1) How you ultimately decide to plead is up to you. Pleading guilty or nolo contendere can result in the Georgia DDS (Georgia Department of Driver Services) assessing points on your driving record if you have a Georgia Drivers license or reporting of the offense to the…
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OWI 3rd Offense in Macomb County
Facing a 3rd offense DUI in Michigan means facing a felony charge. It goes without saying that this is frightening, and there is no denying that a felony drunk driving charge is a big deal, but the intent of this article is to make clear that despite the seriousness of the charge itself, things are probably not nearly as bad as they seem, particularly if you've been arrested anywhere in Macomb County. As a DUI lawyer with over 25 years' experience working throughout the Tri-County area, I have a boatload of real world experience handling drunk driving cases in every local district and circuit court in the greater Detroit-area. Knowing what I know (and I think you'd be hard pressed to find a lawyer with any appreciable DUI experience to disagree with me), if you're going to have to deal with a 3rd offense, you're almost always better off if it's in Macomb County, rather than anywhere else. Let me begin by soothing your fears, rather than…
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DRAFT UPDATE
DRAFT UPDATE II- MOTION FOR CONTINUANCE GRANTED. Several players said the draft tonight interfered with their viewing of 60 minutes and prep for their disorderly conduct trials tomorrow. Those of you in the league received an email asking for a time this coming week you cannot draft. We already know the judges are available from 9 am-3pm. Just for computer purposes the draft was reset until tomorrow night at 8pm. DRAFT UPDATE- WE ARE 14 TEAMS FULL!! THE DRAFT IS ON TONIGHT AT 7PM. Good afternoon FF players. We are awaiting confirmation from two players- Miami Boys and No Probable Cause. One of them is Richard Baron we believe so if you know him, give him a poke to email us. DOM dropped out, so we sent two invites to two players for his spot. Whomever answers gets the spot. If he wants back in, and he might, then we can open two more spots. Bottom line, between trying a case. writing a brief for the 11th, we have been a bit…
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Evading arrest not a predicate for ACCA
Very quick, unpublished opinion today in United States v. Odell Holder, 14-5666. Case was remanded by the Supreme Court for evaluation under Johnson. Sixth held that evading arrest is not a predicate offense.
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Jared Fogle Child Pornography Plea Agreement
Attorney Page Pate joins Brenda Wood on WXIA 11 to discuss the plea agreement for Jared Fogle on federal child pornography and related charges.
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Identifying the Trigger that Sparked the Decision That Landed You with a Los Angeles DUI Arrest
As you ruminate about your recent Los Angeles DUI arrest, you might be tempted to “beat yourself up” or get angry with the police who stopped you. But in the interest of being constructive – you want to solve your current problems and prevent future ones as opposed to just wringing your hands – consider doing this following exercise. First of all, identify the moment in time where you made the mistake that landed you in hot water. Even if you believe that the police stopped you in error and that you “did nothing wrong,” replay the events of the day or evening. Aim to figure out what, if anything, you could have done better. For instance, maybe you made an impulsive decision to drive home instead of taking an Uber. Maybe you had a fourth glass of wine because everyone else was drinking, too. Try to get as specific as possible, and then write that moment down. Next, try to figure out what triggered that mistake. Perhaps, for instance, you…
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Michigan Lawyer fee Schedule in Criminal, DUI and License Restoration Cases
A few days before this article was written, a fellow lawyer approached me as we were leaving a local Macomb County court and asked me about my policy of posting my legal fees on my website and on this blog. I had just been in court handling a High BAC drunk driving case. I understand that this attorney is revising his website, and he pointed out that my practice of listing my prices right on my site is rather unusual. He wondered how that worked out for me. As I spoke with him, I realized, in the back of my mind, that this would be a great subject for an upcoming article, especially because I had just approved a revision to my fee schedule. I'll cover than in an upcoming article, but I thought this subject should be addressed first. I have always wondered why certain professions in general, and lawyers in particular, are so secretive about pricing. I have always been the very kind of service provider that I look for when I am the client, customer or patient. I have…
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The Right to a Speedy Trial in West Virginia Criminal Cases – State v. Caldwell
The statute of limitations and right to a speedy trial are intended to guarantee that a person accused of a crime be charged and given a trial within a reasonable amount of time. As a recent case out of the West Virginia Supreme Court shows, however, they don’t necessarily prevent state prosecutors from slowing down the process. Mr. Caldwell was charged with DUI after an October 2011 incident in which he crashed his car into a tree. According to state prosecutors, he told emergency medical services workers who arrived on the scene that he’d been drinking before the accident. Police were not able to conduct sobriety tests on Caldwell because the serious injuries that he suffered required him to be flown to a hospital, where he recuperated for about a month. The police chose not to arrest him immediately and instead charged Caldwell with DUI after he left the hospital. He was notified that a warrant had been issued for his arrest during a December 2011 meeting with…
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Stricter Gun Storage Laws Could Be Passed in LA
Residents of Los Angeles County may soon be subject to additional gun regulations under a local ordinance that would require handguns to be stored at home in one of two specific ways. While proponents of the measure say it will protect citizens from gun violence, opponents of the potential ordinance say the new rules simply serve as tools for disarming lawful gun owners. The potential new law would require that all handguns be disabled with a trigger lock or stored in a locked container unless the gun is on your person or under your control.1 Though law enforcement would not conduct compliance checks, if a handgun is unsecured in a home and police officers are summoned to that home for some reason, the gun owner could face charges. In fact, if the proposal becomes law, anyone who is found in violation could face misdemeanor charges that carry up to six months in county jail and a fine of up to $1,000. The measure is similar to a San Francisco ordinance under which no gun owner…
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Arrested at Burning Man in Nevada?
Many people are under the mistaken belief that the rule of law does not apply to Burning Man, the highly unorthodox week-long festival that erupts every August in Nevada's Black Rock Desert. Burning Man celebrates freedom of expression, but that does not include using illegal drugs. "Burners" all are subject to Washoe County, Nevada state, and Federal drug laws. Burners report of rampant, mind-altering drug use on the "playa." But any possession, use, or sale of controlled substances is strictly prohibited. Furthermore, undercover police infiltrate Burning Man for the express purpose of finding drug users and other law-breakers. Nevada drug laws are among the harshest in the nation. Burners who get arrested for selling drugs face several years in prison and thousands of dollars in fines. And Burners arrested for trafficking drugs (which can include simply possessing a large quantity of drugs) can face life in prison. For more information about…
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Does Crawford Apply in Pretrial Proceedings?
A caller recently asked me: Does Crawford apply at pretrial proceedings, such as suppression hearings and hearing on motions in limine? Neither Crawford nor any of the Court’s subsequent cases provide an answer for this simple reason: in all of the cases to reach the high Court, the defendant was challenging evidence admitted at the […]
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Illegal Searches and Suppression of Evidence
In general, a warrantless search at a person’s home will be considered unreasonable, unless one of five exceptions to the warrant requirement is met. Evidence gained as a result of illegal searches can be suppressed by the trial court in a case. Grounds for the issuance of a search warrant are governed by Florida Statute 933.02. At the Law Office of David M. Goldman, PLLC, we have experienced criminal lawyers that can help if you or a loved one may have had your rights violated in a criminal case. You can find answers to questions you may have by exploring our blogs on searches and seizures. Initial consultations are free. Call us today at (904) 685-1200 to schedule a consultation with an experienced Jacksonville criminal defense lawyer. Recently, the First District Court Appeal reversed and remanded the case of the State of Florida vs. Smith back to the trial court for further proceedings. The issue in the Smith case was…
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Bundesrat setzt Expertengruppe zur „Zukunft der Datenbearbeitung und Datensicherheit“ ein
Mit der vom Bundesrat (BR) per Ende August 2015 eingesetzten Expertengruppe zur „Zukunft der Datenbearbeitung und Datensicherheit“ wird die Motion 13.3841 von SR Rechsteiner (SP/SG) umgesetzt. Danach wird der BR beauftragt, eine interdisziplinäre Expertengruppe zu berufen, die sich mit folgenden Fragen befassen soll: Wie sind die technologischen und politischen Entwicklungen auf dem Gebiet der Datenbearbeitung zu beurteilen? Was bedeuten diese Entwicklungen für die schweizerische Wirtschaft, die Gesellschaft und den Staat? Wie ist der gegenwärtige Rechtsrahmen mit Blick auf diese Entwicklung zu beurteilen? Welche Empfehlungen ergeben sich daraus für die Schweiz? Auf nationaler Ebene? Mit Blick auf mögliche Initiativen auf internationaler Ebene?Aus der Medienmitteilung vom 27. August 2015 geht ferner hervor, dass sich die Expertengruppe „unter Berücksichtigung der gesamtgesellschaftlichen Dimension“ mit Fragen befassen wird,…
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A Wolf In Sheep's Clothing? Minnesota's Ignition Interlock Program
Ignition Interlock - the little gadget that is designed to ensure that you cannot start your vehicle unless there is no alcohol in your system. On it's face, it seems like a godsend, a true "win-win" invention; we can keep drunk drivers off the roadways by disabling their cars and trucks, and at the same time can feel more confident giving a driver's license back to someone who was recently convicted of a DWI offense. Minnesota's own Ignition Interlock program has been on the books over half a decade now, so we're developing a good idea of how it works . . . even as the program has gone through some growing pains. What started as a pilot project soon turned into a mandatory punishment for many DWI offenders. We still have many of the same concerns we voiced years ago, first and foremost being the simple fact that drivers that used to be able to get a standard work permit now need to pay a lot of hard-earned money for the privilege of being…
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Violations of a DVPO (Domestic Violence Protective Order)
As the previous blog discussed, a DVPO is a civil action that can require a defendant to give up a number of constitutional rights, often immediately and before even being given the opportunity to be heard as to the veracity of the charges levied. A breach of the DVPO, however, becomes contempt, and is punishable according to 50B-4.1, Violation of a Valid Protective Order. 50B-4.1 states that a person is guilty of violating a DVPO if that person knowingly violates a valid protective order entered pursuant to Chapter 50B or a court of another state, or a court of an Indian tribe. This crime is punishable as a Class A1 misdemeanor, and in some circumstances may be punishable as a Class H felony if the person has been convicted of three offenses previously under the Chapter 50B statute. CONTACT US to speak with a Family Law Attorney about your Domestic Violence case. Waynesville Family Law / Divorce Lawyer Robert Gilligan This part 3 of a 3 part blog series on…
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New Jersey Appellate Courts Are Limited in Their Ability to Review Factual Findings in DWI Cases
A prosecution for alleged driving while intoxicated (DWI) in New Jersey usually begins in the municipal court of the city, borough, town, township, or village in which the arrest occurred. A defendant can appeal a DWI conviction for reversible error, abuse of discretion, and other grounds. A July 2015 appellate court decision, State v. Hwang, offers an overview of the appeals process in New Jersey DWI cases. An appeal from a municipal court order or verdict goes to the New Jersey Superior Court, Law Division in the county where the municipal court is located. From there, it would go to the Superior Court, Appellate Division. At this level of appeal, the court has much less discretion to review the lower courts’ findings of fact. Further appeals go to the New Jersey Supreme Court, and finally the United States Supreme Court. A Hillsborough Township police officer pulled over the defendant in Hwang in October 2012 after allegedly witnessing her swerve across the median line…
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