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Florida DUI Law: Know Your Rights and How to Protect Them

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With a bustling nightlife scene and miles of beautiful white sandy beaches, South Florida has many opportunities for relaxation and leisure. In many situations, these activities involve enjoying alcoholic beverages, creating ample opportunities for drivers to find themselves being taken into custody on suspicion of driving under the influence. Not every arrest for DUI is a valid one, and many defendants end up facing criminal charges because they did not understand the full scope of their rights. Knowing when you may be at risk of being arrested for a DUI is the first step to protecting your rights. According to Florida’ DUI statutes, the police have the power to arrest someone on suspicion of driving under the influence even when the defendant is not driving. According to Florida law, as long as the defendant has actual, physical control of the car while also under the influence, the officer may arrest him or her on suspicion of DUI. Courts have…

New Documentary Chronicles Filmmaker’s Quest to Prove Brooklyn Exoneree’s Innocence

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A new documentary, David & Me, tells the story of a friendship between Toronto filmmaker Ray Klonsky and David McCallum, a man who was wrongly convicted as a teenager after being forced to confess to a 1985 murder in New York. McCallum was imprisoned for nearly 30 years and was finally exonerated in October 2014. According to CBC News, the friendship between the two men started over a decade ago, when McCallum contacted Klonsky’s father after reading an article he wrote about Rubin “Hurricane” Carter, a former boxer and exoneree who became a strong advocate for the wrongly convicted. CBC writes that Klonsky’s father put McCallum in touch with his son who was having issues of his own, and the two connected and wrote to each other frequently. McCallum gave Klonsky life advice and Klonsky became invested in helping McCallum prove his innocence. CBC writes that David & Me follows Klonsky and filmmaker Marc Lamy as they set out, with the assistance…

Waltham councilor wants to reverse sex offender decision

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9-8-15 Massachusetts: Waltham City Councilor Robert Logan was dismayed late last month when the state’s high court took power away from cities and towns in setting limits on sex offender residency. The ruling stated that local towns and cities could no longer ban sex offenders from living near a school or playground. Logan, who wrote Waltham’s sex offender ordinance, was one of

California Stalking Laws

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Each year 7.5 million people are stalked, with 61% of the victims being female. 44% of the victims are stalked by a former intimate partner. In the current digital era, studies indicate that the rates of stalking and harassment have increased, and areas such as Southern California have higher rates than other parts of the nation. Stalking, cyber-stalking, harassment, and bullying are all similar bad acts. Sometimes it can be the result of a misunderstanding or vindictive accuser.  Other times, spouses dealing with divorce start accusing each other of stalking or harassment. What is Stalking? California Penal Code 646.9 defines stalking as following, harassing, and/or threatening another person to the point where s/he fears for his or her safety, or the safety of his or her family. As with the standard for threats, one must have had a ‘reasonable fear’ in order to fulfill the standard for stalking. California Penal Code 646.9 California stalking laws are…

Shocking Report: Defense Lawyers Find that Defense Lawyers Should Get More Money

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Stumbling across unconscious self-parody is one of the hazards of reading the news, and today it struck big time. The NACDL has come out with a "report" titled, "Federal Indigent Defense 2015: The Independence Imperative."  The press release (called a "news release") starts with this:Washington, DC (Sept. 9, 2015) - After over 18 months of study, more than 130 individuals interviewed (including federal judges, federal defenders, Criminal Justice Act (CJA) panel attorneys, Administrative Office of the U.S. Courts (AO) personnel, and others, representing 49 states and all federal judicial circuits), hundreds of documents reviewed, and surveys conducted, the National Association of Criminal Defense Lawyers (NACDL) today officially releases a major report -- Federal Indigent Defense 2015: The Independence Imperative. The report, adopted by NACDL's Board of Directors at its recent annual meeting, reflects the significant work of…

2015.75: Phil Grant’s Ethics, or Lack Thereof

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Montgomery County First Assistant DA Phil Grant is running for judge. Which means that he has to follow the Texas Code of Judicial Conduct, which says: A judge shall abstain from public comment about a pending or impending proceeding which may come before the judge’s court in a manner which suggests to a reasonable person the judge’s probable decision on any particular case. This prohibition applies to any candidate for judicial office, with respect to judicial proceedings pending or impending in the court on which the candidate would serve if elected. Which means that Phil Grant cannot ethically say the things that he says here. ((Yes, that’s my case. It’s a First Amendment case in Texas; the odds of my having a hand in it are good. Steve Jackson had the good sense to bring me aboard as his Law Lawyer for this issue. Unlike Phil, Steve has a handle on the First Amendment issue: it’s not about what that defendant…

Woman Severely Injured in Water Slide Accident

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A lawsuit has been filed by an Indiana woman who was severely injured in a water slide accident. The injury took place during a fund-raising event hosted by the Theta Chi fraternity at Ball State University. The inflatable water slide …The post Woman Severely Injured in Water Slide Accident appeared first on Colorado Springs Accident Attorney | Quality Legal.

Sarch on Double Effect and the Criminal Law

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Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Double Effect and the Criminal Law (Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract: American criminal law is committed to some version...

//blawgsearch75.rssing.com/chan-6519914/article14069-live.html

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United States v. Augare, No. 14-30131 (Gould with Goodwin and Ikuta) --- The Ninth Circuit affirmed the application of an upward adjustment under the Guidelines for sophisticated means, in a case where the defendant pleaded guilty to conspiracy to defraud the United States.  This case involved fraud against an agency that provided services to an Indian community, and the district court did not abuse its discretion in concluding that the means by which he diverted the money from the service agency was intended to leave a complicated paper trail that made it difficult to uncover his fraud.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/09/14-30131.pdf

Plea Bargains Not Always a Good Deal

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The majority of criminal cases in the United States end in plea bargains; however they are not always a good deal for those facing charges.  While plea bargains have their place, which is obvious seeing how they account for more than 90% of cases, they are not the answer in every situation.  It is important […] The post Plea Bargains Not Always a Good Deal appeared first on Salt Lake Criminal Defense.

What Is The Legal Blood Alcohol Limit For Truckers Driving Through New Jersey?

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Commercial drivers in New Jersey are subject to different rules than others when it comes to DWI/DUI. Read More

District 2 Injury crash US 95 milepost 362

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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 2 CASE # L15001062 --------------------- PRESS RELEASE ----------------------------- DATE: 9/9/15 TIME: 1:40 PM LOCATION: US 95 milepost 362 ASSISTING AGENCIES: Latah County Sheriff VEHICLE #1 ------------- DRIVER Willow Smith AGE 18 ADDRESS Coeur d'Alene ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Gritman VEHICLE YEAR 1994 VEHICLE MAKE Mazda VEHICLE MODEL Protege WRECKER Moscow Auto SEATBELTS/HELMET WORN? Yes ------------- VEHICLE #2 -------------…

District 2 Injury crash US 95 milepost 362

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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 2 CASE # L15001062 --------------------- PRESS RELEASE ----------------------------- DATE: 9/9/15 TIME: 1:40 PM LOCATION: US 95 milepost 362 ASSISTING AGENCIES: Latah County Sheriff VEHICLE #1 ------------- DRIVER Willow Smith AGE 18 ADDRESS Coeur d'Alene ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Gritman VEHICLE YEAR 1994 VEHICLE MAKE Mazda VEHICLE MODEL Protege WRECKER Moscow Auto SEATBELTS/HELMET WORN? Yes ------------- VEHICLE #2 -------------…

White Collar Crime as DOJ Priority

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Check out the NY Times article, Matt Apuzzo & Ben Protess, New Justice Dept. Rules Aimed at Prosecuting Corporate Executives . (esp)

We can help California drivers who receive New York tickets

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Our office represents and defends many California motorists who receive speeding and other moving violation tickets in New York State. California motorists have our law firm defend them because receiving a New York conviction has the same consequences as if they received the conviction in California. Many people from outside of New York State believe that they can simply ignore a New York ticket. Nothing can be further from the truth. Ignoring a NY ticket will cause the California DMV to suspend your driver’s license. Further, inasmuch as both New York State and  California are part of the interstate compact, if a California licensee pleads guilty “as charged” to a NY speeding or traffic ticket will cause the same license point and insurance problems as if the conviction occurred in California. California assesses one point against your driving record for out of state tickets, and your California auto insurance company will raise your insurance rates.…

*** Update***Traffic Issues Follow Crash Near I86/I15 Junction

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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: 09/10/15 2:08 PM Please direct questions to the District Office *****BEGINNING OF UPDATE***** All lanes are open at this time. More information will be released as it becomes available. KB / HG *****END OF UPDATE***** Update: Both lanes of southbound traffic are currently blocked due to the crash. More information will follow. EH / KB --------- Original release: At this time, the Idaho State Police is investigating a crash southbound on I15 at milepost 71, about one mile south of the I86/I15 junction involving a commercial vehicle which was transporting bees. The vehicle has overturned, releasing many of the bees and interfering with traffic. More information will be relayed…

"What the Marijuana Lobby Could Offer Hillary Clinton"

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The title of this post is the headline of this notable new Bloomberg Politics article, and here are excerpts: Hillary Clinton says she has never smoked pot, not even as a bell-bottom-wearing undergraduate in the 1960s. Her husband’s administration went nuclear in the War on Drugs. During the 2008 campaign,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/bmyyJKeYyRk" height="1" width="1" alt=""/>

Notable collective makes plans for "smart on crime" criminal code reform in Ohio

Two vehicle crash northbound I-15 at milepost 73

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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: 9/10/2015 2:32 p.m. Please direct questions to the District Office The Idaho State Police are on scene of a two-vehicle, injury crash northbound I-15 at milepost 73. The right lane of travel is blocked at this time. More information will be released as it becomes available. KB / HG -------------

Validity of Pennsylvania Gov halting of death executions considered by state Supreme Court

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