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Is it still illegal in some states to have sex with someone of the same sex?

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Free legal answers from attorneys - I heard some states still outlaw it. Can you really be arrested and prosecuted for it? If the Supreme Court legalizes g

What’s going to happen when I’m arrested for check fraud?

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Free legal answers from attorneys - I know it's coming because the person I gave the check to said they contacted the police already. What's going to hap

Ramsay Law Firm to Present CLE About DWI Testing

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If you're free over the lunch hour, it might be a good idea to tune in to our live Webcast from 12:00 - 1:30. It's part of the Criminal Law Series provided by the good folks at Minnesota CLE, where me and Chuck will be covering the portion of Minnesota's DWI Deskbook dealing with the heart and soul of all DWI cases - Chemical Testing. You'll not only learn a lot about the science behind DWI tests (and ways to counter those same tests) but Minnesota CLE has applied to the Minnesota State Board of CLE for 1.5 standard CLE credits and 1.5 criminal law specialist credits. Following along with the entire DWI Deskbook Webcast Series (including the portion covered today by me and Chuck) is good for both new attorneys and seasoned ones, and as the science behind DWI testing is always evolving, our presentation today is a great way to make sure you're on top of all the latest developments. We hope to have you join us!  

Ramsay Law Firm to Present CLE About DWI Testing

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If you're free over the lunch hour, it might be a good idea to tune in to our live Webcast from 12:00 - 1:30. It's part of the Criminal Law Series provided by the good folks at Minnesota CLE, where me and Chuck will be covering the portion of Minnesota's DWI Deskbook dealing with the heart and soul of all DWI cases - Chemical Testing. You'll not only learn a lot about the science behind DWI tests (and ways to counter those same tests) but Minnesota CLE has applied to the Minnesota State Board of CLE for 1.5 standard CLE credits and 1.5 criminal law specialist credits. Following along with the entire DWI Deskbook Webcast Series (including the portion covered today by me and Chuck) is good for both new attorneys and seasoned ones, and as the science behind DWI testing is always evolving, our presentation today is a great way to make sure you're on top of all the latest developments. We hope to have you join us!  

Italy and Amanda Knox

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The Supreme Court in Italy has overturned Amanda Knox's acquittal by a lower appeals court. According to media accounts, a new trial will be held. According to her U.S. Attorney, Ted Simon, only a "revision" of the acquittal was ordered, which is like a reconsideration, and it's far from certain a new trial will occur. He... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Delaware Senate Passes Repeal

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"Delaware Senate approves repeal of death penalty," is the AP report filed by Randall Chase. It's via the Beaumont Enterprise.The state Senate on Tuesday narrowly approved a bill repealing Delaware's death penalty after removing a provision that would have spared...

CNN: How your movements create a GPS 'fingerprint'

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CNN: How your movements create a GPS 'fingerprint' by Doug Gross, CNN: (CNN) -- Can you be identified only by where you take your phone? Yes, according to a new study, which finds it's not very hard at all. While most of us are free to go wherever we want, our daily and weekly movement patterns are pretty predictable. We go to work, to school, to church, to our neighborhood gym, grocery store or coffee shop, and we come home -- all quietly tracked by the GPS in our phone. And with nothing more than this anonymous location data, someone who wanted to badly enough could easily figure out who you are by tracking your smartphone. Patterns of our movements, when traced on a map, create something akin to a fingerprint that is unique to every person. And, The growing push to track your location indoors by Doug Gross, CNN: (CNN) -- Sure, the GPS on your phone or dedicated device can get you from Point A to Point B on the interstate, frustrating "Calibrating ... calibrating ..." moments aside. But a new move in mobile tech is seeing startups who want to help you find the store you're looking for in the mall, turn around when you're getting farther from your terminal at the airport or figure out where your friends are in an expansive convention hall. And the big guys of the tech world are taking notice.

Gregory Tomczak, Esq. and Michael Jurista, Esq. Named 2013 Rising Stars

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Ambrosio & Tomczak is pleased to announce that Gregory E. Tomczak, Esq. and Michael J. Jurista, Esq. have each been recognized in New Jersey Monthly magazine by Super Lawyers as a 2013 New Jersey Rising Star. Mr. Tomczak was selected as a Rising Star in the area of white collar criminal defense and Mr. Jurista was selected as a Rising Star in the area of business litigation. This honor is reserved for less than 2.5% of attorneys in New Jersey. Previously, Mr. Tomczak has been named a Rising Star in 2009, 2010, 2011 and 2012. Mr. Jurista has previously been named a Rising Star in 2012.

Former Loan Officer Arrested for Straw Buyer Scam

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Alexander A. Romaniolis, 48, Irvine, California, was arrested in Huntington Beach, California, for mortgage fraud relating to an alleged straw buyer scheme.

Colorado House Committee Rejects Repeal Bill

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"Colorado lawmakers vote to keep death penalty," is the AP report by Ivan Moreno, via the Denver Post. A proposal to repeal the death penalty in Colorado failed Tuesday, as Democrats wavered in their support of the bill because of...

CA10: Jury verdict for unreasonable force and handcuffing without objective justification is upheld

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Jury verdict for unreasonable force and handcuffing without objective justification is upheld. Also, there were a disputed facts for trial. Plascencia v. Taylor, 2013 U.S. App. LEXIS 5986 (10th Cir. March 26, 2013): [...] Read more!

Opinion holding broad waiver of sovereign immunity under Federal Tort Claims Act

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Justice Thomas wrote the opinion for the unanimous Court in Millbrook v. United States, determining that the waiver for intentional torts by an "investigative or law enforcement officer" extends to torts by such officers within the scope of their employment...

Supreme Court Says Dog Sniff on Porch of Private Residence is a Search that Requires a Warrant

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In a earlier posts, I wrote about the Supreme Court's "dog sniff" cases, the former in which the Defendant was stopped while driving his truck and a drug dog eventually alerted to the presence of dogs, the latter case where (based on a "tip") the police walked a drug detector dog on the Defendant's porch, the pooch alerted, and based on that they got a warrant to search the house. As I predicted, the Supreme Court affirmed the search of the truck, and yesterday, they sided with the homeowner in the sniff that took place on the porch of the home. Yesterday's case is Florida v. Jardines, and by a 5-4 margin the Court held that the sniff on the porch was illegal as being a search not done pursuant to a warrant. The opinion resulted in a somewhat unusual alignment of justices. Justice Scalia, perhaps the Court's most conservative member, wrote the majority decision. He was joined by Justice Clarence Thomas, a frequent ally, and three of the court’s more liberal members, Justices Ginsburg, Sotomayor and Kagan. Justice Scalia said the Fourth Amendment, which prohibits unreasonable searches, is particularly concerned with the home and its immediate surroundings. When a dog on a leash roams around the outside of a residence, this is a tremendously different intrusion than visits from Halloween trick-or-treaters. “To find a visitor knocking on the door is routine (even if sometimes unwelcome),” Justice Scalia wrote. “To spot that same visitor exploring the front porch with a metal detector, or marching his bloodhound into the garden before saying hello and asking permission, would inspire most of us to — well, call the police.” Justice Scalia grounded his opinion in property rights. This is the same theory he espoused when he wrote the opinion last year in Jones v. United States, the now-famous GPS case where a unanimous Court overturned years of practice by holding that placing a GPS monitor on the underside of a suspect's vehicle is a "search" that must be supported by a warrant. In yesterday's case, Justice Kagan wrote a concurring opinion, joined by Justices Ginsburg and Sotomayor. They would also have relied on the "usual" rationale that looks to a person's "reasonable expectation of privacy." This seems to set up future battles, as noted by Justice Sotomayor's spirited concurrence in the GPS case where she wrote: "[I]t may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. ...This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. People disclose the phone numbers that they dial or text to their cellular providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries, and medications they purchase to online retailers. ... I for one doubt that people would accept without complaint the warrantless disclosure to the Government of a list of every Web site they had visited in the last week, or month, or year. But whatever the societal expectations, they can attain constitutionally protected status only if our Fourth Amendment jurisprudence ceases to treat secrecy as a prerequisite for privacy. I would not assume that all information voluntarily disclosed to some member of the public for a limited purpose is, for that reason alone, disentitled to Fourth Amendment protection." Again, we watch these cases closely, not only to help our clients, but also to predict future cases. Stay tuned!

//blawgsearch75.rssing.com/chan-6519914/article1394-live.html

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U.S. v. Jinian, No. 11-10593 (03-26-13) (Murguia with Nelson; concurrence by Christen)When the cat's away, the mice will play...or defraud.  Here, the board of directors was in Europe; the defendant was the CEO.  He authorized the cutting of checks from one company under his control in excess of his salary, and to get advances.  He eventually got caught and charged with numerous counts of wire fraud.  His defense was that there was no wire fraud as the checks were deposited in a bank, and he got the funds.  The fact that the fraudulent checks were transferred subsequently over wire to another bank was not part of his scheme.  Yes it was, concluded the 9th.  The scheme was ongoing, and the deposit of the checks required their clearing, or the scheme would have stopped.  The 9th also held that there was no need to read a materiality or intent into the interstate requirement.  Christen concurred to emphasize that the scheme itself was not a one-off or one time act, but ongoing.  This ongoing nature required the checks to be paid, and so it required wire transfer.U.S. v. Ruiz, No. 10-50211 (Paez with Conlon; concurrence by Pregerson)The defendant was convicted of being a felon in possession.  He was chased, and threw a box over the fence, which had shotgun shells, and when he was caught, a rifle was found nearby.  The defense was "what rifle?" and "that wasn't my box."  A statement claiming ownership was disputed.  At trial, it became a credibility issue.  In closing, the prosecutor argued that to believe the defendant, the jury had to conclude that the officers were lying...all by way of PowerPoint.  Defendant only objected to one slide (lying) and so other egregious behavior was decided by the plain error rule.  Even with the objection, the 9th concluded that any error was harmless.  Yet, the 9th took the prosecutor to task for presenting such a dichotomy.  The opinion overviews the cases that forbid such argument (to acquit you must find the officers lying).  The officers could be mistaken, or the evidence was not beyond reasonable doubt.  The 9th also found that the indictment was not duplicitous because the defendant possessed the rifle and ammunition in one span of 10 minutes.  It did not have to be separated.  Pregerson concurred, admonishing the government for its argument.

Can I still get a DUI if I smoked pot the day before I got pulled over?

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Free legal answers from attorneys - I know pot doesn't leave your system right away so I want to know roughly how long it can affect a breathalyzer test.

How will an underage drinking citation affect my law school application?

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Free legal answers from attorneys - I got a citation when I was at a house party for underage drinking. I'm in the process of applying to law school and I

Montgomery County Criminal Defense Attorney looks at the History of Marijuana in the U.S.

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540317_marijuana.jpgMarijuana was first brought to America by settlers at Jamestown in 1611, and its use increased for centuries. By 1850, marijuana was added to the United States Pharmacopeia, an official recognition of its medicinal properties. But the turn of the 20th century brought with it a wave of prohibition. In 1906 a federal law required marijuana to be labeled, the first major regulation on the plant. Only five years later, Massachusetts became the first state to outlaw it. In the following few years, all other states followed suit. Even though states were cracking down, the federal government continued to grow marijuana for various scientific and medical uses. By 1918 the Department of Agriculture was growing and harvesting over 60,000 pounds per year. Demand for marijuana-based medications increased up through the 1930s, when marijuana extract was sold for use as an analgesic, an antispasmodic, a sedative, and even a remedy for asthma. With marijuana use persisting despite universal prohibition, public outcry reached a fever pitch in 1936 with the release of the major Hollywood film "Reefer Madness," dramatizing the commonly perceived horrors of marijuana. The next step in regulating marijuana was through the enactment of the Marihuana Tax Act of 1937. The law imposed registration, reporting, and tax requirements on marijuana production, and levied criminal penalties for violators. The acceptable use of marijuana continued to decline and in 1942 it was removed from the United States pharmacopeia. The biggest scientific breakthrough regarding marijuana came in 1964. That is when tetrahydrocannabinol, commonly known as THC, was first synthesized and identified as the primary psychoactive ingredient in marijuana. With this innovation, the scientific study of marijuana increased, albeit with stringent government oversight. In 1968, the University of Mississippi became the exclusive grower of marijuana for the federal government. Ole Miss cultivates up to 6.5 acres of marijuana plants for study and research. The so-called War on Drugs began in 1970, when Congress introduced the Controlled Substance Act, the comprehensive federal anti-drug law. The Supreme Court determined that this law does not violate the Constitution in the case of Gonzales v. Raich. The Drug Enforcement Administration was established three years later. Although penalties for drug violators had never been higher, mandatory sentences for drug crimes, including marijuana, increased under the 1986 Anti-Drug Abuse Act. After decades of stricter marijuana laws, the nation began to take a different approach. California was the first state to legalize medical marijuana when it did so in 1996. Currently, 18 different states and the District of Columbia permit the use of medical marijuana. Most recently, citizens in Colorado and Washington voted to legalize the recreational use of marijuana. This is undoubtedly one of the most significant legal developments in marijuana's tumultuous history and signals America's increasing understanding and acceptance of marijuana.

Fatal Crash on I15 near Malad

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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: 03/28/2013 06:37am Please direct questions to the District Office At approximately 12:20am, March 28th 2013, the Idaho State Police investigated a one-vehicle rollover near Malad. Camie Lott, 22 of Firth, was northbound on I15 in a 1989 Chevrolet pickup at milepost 7, approximately 6 miles south of Malad. For unknown reasons, her vehicle went off the right side of the roadway. Lott overcorrected, entering the median where her vehicle overturned. Lott was not wearing her seatbelt and was ejected. Lott was transported to the Oneida County Hospital by ground ambulance, where she was pronounced deceased. Her next of kin has been notified. The crash is under investigation. -------------

How Do Juvenile Court Cases Work In Cleveland?

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The juvenile justice system is one of the most complicated and misunderstood systems around.  It requires the skill and experience of a criminal lawyer to properly handle it.  Juveniles are not given the same rights as adults, so the risk is greater. As an example of juveniles not having the same right as adults we [...]

How Do Juvenile Court Cases Work In Cleveland?

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The juvenile justice system is one of the most complicated and misunderstood systems around.  It requires the skill and experience of a criminal lawyer to properly handle it.  Juveniles are not given the same rights as adults, so the risk is greater. As an example of juveniles not having the same right as adults we [...]
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