Monday’s dismissal of the wrongful Greenwich Connecticut arrest for criminal mischief and larceny charges against a beloved Parkway School employee was a complete validation and victory for the employee and her scores of supporters. According to reports, the employee believed that another parent planted a recording device in the Parkway School’s central office. Acting quickly, and with the sole purpose of protecting the privacy rights of Parkway students, parents and staff, she removed the device from the office and was arrested by Greenwich Police for larceny and criminal mischief. And to top off the absurdity, the Town of Greenwich unceremoniously terminated her employment after an exemplary 20-year career with the school. The irony here is that the Town of Greenwich should have been thanking this woman; instead they gave her a pink slip and a set of handcuffs. Supported by dozens of past and present Parkway and Greenwich Connecticut students, parents and…
Mark Sherman Law Firm Wins Quick Dismissal of Trumped Up Greenwich Connecticut Arrest for Larceny & Criminal Mischief of Veteran Parkway School Employee
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Nipped In The Bud
Future crime? Been there. Done that. The adoration of empiricism has not only led to its uses in ways that inform us that “common sense” is nothing more than our own inexplicable prejudices packaged in an easy-to-use container, but its false gods as well. No matter how long people have held dear to their assumptions, that doesn’t make them true. But combine the good parts of empiricism with our belief that life can be reduced to binary bits and you end up with such ill-conceived notions as the Sentence-O-Matic 1000, reforms to hold people in custody longer because they’re empirically more likely to be recidivists, and the concept destroyed by Philip Dick’s 1956 sci-fi story, Minority Report. Of course, it’s already been done, so we’re told. Richard Berk, a professor of criminology and statistics at the University of Pennsylvania has developed software to predict which defendants on…
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DUI Fatalities: The Ugly Truth and Consequences
In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced to 11 years in prison by Kane County Judge Susan Clancy Boles. In his system, he had a mixture of five different drugs when he got behind the wheel. He then veered out of his driving lane into oncoming traffic striking a motorist which resulted in that victim’s death. Spudich attributed the incident to him taking depression medication prior to him driving. This case highlights the dangers of going behind the wheel while impaired. In representing defendants in DUI cases, the typical case involves a routine traffic stop followed by an officer’s suspicion that the driver is under the influence. That suspicion triggers the officer’s duty to conduct a field sobriety test and then ultimately a breathalyzer to determine the driver’s blood alcohol content. In New Jersey, there are strict guidelines issued by the Office of the Attorney General…
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Saturday College Football Open Thread
I'm flooding the zone this week. the picks: Mississippi State+5 @ Texas A&m, Mississippi -7 @ Florida, Arkansas +7 @ Tennessee, Arizona State @ UCLA -12, Washington State +18 @ California, Hawaii +26 @ Boise State, San Jose State +21 @... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Seal Beach Considers Reversal of Sex Offender Ban
10-3-2015 California: Seal Beach City Council will meet in closed session Monday to talk about possibly dismantling the ban on sex offenders at parks and beaches. Los Alamitos has no plans to end its ban, mayor says. The Lake Forest City Council voted to reverse its ban on sex offenders in city parks on last week, and Seal Beach might do the same. The Seal Beach City Council will meet in
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Can My Unpaid Traffic Ticket Turn into a Warrant?
If you spend enough time behind the wheel, the chances are good that at some time when you least expect it, you’re bound to receive a traffic ticket. It happens to almost everyone, and many people want nothing more than to rip it up, throw it out or stash it in the sock drawer. Unfortunately, none of these things will make that bad boy disappear. Never Disregard a Traffic Ticket Actions have consequences, and ignoring that seemingly massive fine will not make it grow any smaller. On the contrary, turning your back on the traffic ticket allows it to transform into a monster. If you neglect that piece of paper, you soon may find that: Your car insurance premiums mysteriously rise. You are suddenly unable to renew your driver’s license. The courts suspend your driving privileges entirely. These annoyances could be just the beginning. The day you’re issued a traffic warrant is the day that you’ll know you’re really in trouble. It Doesn’t…
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Expunging a California DUI Conviction
Many of my DUI clients are mistaken in the belief that their DUI conviction magically disappears from their record after a number of years. I’ve heard clients believe the number to be anywhere from three years to ten years. Often they discover that they were mistaken when, years later, they apply for a job and discover that the DUI conviction is, in fact, still on their record. Fortunately for those clients and anyone else convicted of a California DUI, California Penal Code section 1203.4 allows a person to petition to have their DUI conviction “expunged.” California Penal Code section 1203.4 provides, “In any case in which a defendant has fulfilled the conditions of probation…or in any case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted relief under this section, the defendant shall…be permitted by the court to withdraw his or her plea of guilty or plea…
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Missing the Point with Gun Control
“[K]illing sprees are specifically targeted to generate the most fear and uncertainty from the public, because the more fear and uncertainty they generate, the more attention they get. They then use all of the attention as a platform to promote themselves or whatever complaints they may have against society. It’s the Columbine formula. It works. And as Eric Harris pointed out in his journal, it’s not about the guns. It’s about the television. The films. The fame. The revolution.” If only liberals were smart enough to understand this, we could perhaps start working on some real solutions, instead of just shouting at one another. “Take away his weapon! Take away the ability to have a gun!” As if there are no other weapons in the world. Put aside the fact the guns are never going to disappear, and people who do these things don’t care about gun control laws. If someone wants to kill someone, they will use whatever they…
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CFPB Targets Pension Lenders in Dodd-Frank Suit
On August 20, 2015, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) filed suit in the U.S. District Court for the Central District of California against two pension lenders and their individual managers for allegedly deceiving consumers about the costs and risks of their pension advance loans. A pension advance is a type of loan in which the lender offers the pensioner a lump sum payment in return for an assignment of all or some of the pensioner’s monthly pension checks over a specified period of time. The complaint alleges that the defendants, in violation of the Dodd-Frank Act, deceived consumers, and notably veterans, concerning the costs and risks associated with the pension advances. Specifically, the complaint alleges that the defendants misrepresented the pension advances as a product for sale and not a loan, leaving consumers unaware of the risks associated with these transactions. Further, the complaint…
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The Florida DHSMV Can Suspend Your Driver's License For Failing to Pay Alimony
In Florida, it is a misdemeanor crime to drive a vehicle if your driver's license has been suspended. The Florida Department of Highway Safety and Motor Vehicles can suspend your driver's license for a variety of reasons - a DUI arrest, failing to pay traffic tickets, a possession of marijuana conviction and other reasons. If you get a few driving with a suspended license charges within a certain period of time, it can lead to habitual traffic offender status and a five year driver's license revocation. This can become a real problem for someone who needs his/her vehicle for work, to take care of children and other necessities. Not only do multiple driving with a suspended license convictions result in longer driver's license suspensions, if you get enough of these charges in a relatively short period of time, they can result in felony convictions and serious jail or prison time. There is another basis for the state to suspend your driver's license…
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[VIDEO] Can Radar Pick My Speed Out of a Group?
I get this question almost every day from people who tell me they were in a group of cars, there was vehicles or trucks beside them, and wondering how the officer measured their speed using the radar gun. If you have a speeding or reckless driving case, contact me today to see what defense options you have. Video Transcription Can the officer pick your speed out of a group of a group of cars using radar? Hi, I’m Andrew Flusche. I’m your Virginia traffic attorney. Unfortunately, the answer is yes. I get this question almost every day from people who tell me they were in a group of cars, there was vehicles or trucks beside them, and wondering how the officer measured their speed using the radar gun. As you know, the radar is a wave device. It’s using kind of a broad array of radio waves across the roadway to measure your speed. How is it going to able to pick up the specific speed of your vehicle when there’s other things in the beam? The answer lies…
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Sex offender chemical castration bill defeated in Senate committee
Earlier report is in ERROR "One State Just Announced Plans To Castrate Sex Offenders"10-13-15 Oklahoma: On 2-25-15 The OK Senate defeated this bill, and it cannot be brought up again for TWO years! OKLAHOMA CITY – A Senate panel on Tuesday defeated a measure that would have allowed for the chemical castration of violent sex offenders. The Senate Judiciary Committee rejected Senate Bill 671 by
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8 Tips for Courtroom Sucess
Last month, we had a big trial scheduled. We spend a lot of time preparing for trial and the possibility of our client testifying. Luckily, the government dismissed the case on the morning that the jury trial was to start. As I was going through my notebook today, I ran across a list of courtroom tips. They are worth sharing. Being in the courtroom is stressful for lawyers let alone someone facing losing their liberty. Here are my tips for courtroom success. No facial expressions when someone is testifying. No talking when the judge is speaking. No talking when the witness is testifying. Dress appropriately Be careful when you decide on a bench trial or a jury trial. If you decide to testify, be prepared to answer the judge's questions. Answer the question. Do not try to rationalize your answer. Be polite and respectful when answering the question. I know these tips are simplistic. Just remember. You only get one…
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Lots of tea leaves (readings may vary) from SCOTUS arguments in Montgomery and Hurst
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Ellison on Moral Panic and Criminalizing the Payment for Sex
Graham Ellison (Queen's University Belfast - School of Law) has posted Criminalizing the Payment for Sex in Northern Ireland: Sketching the Contours of a Moral Panic (British Journal of Criminology, Forthcoming) on SSRN. Here is the abstract: This paper examines...
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Consolidation of Sentences
North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15(b); G.S. 15A-1340.22(b) covers misdemeanors. The rule is the same for both types of crimes: when you consolidate offenses for judgment, the court imposes a single judgment, with a single sentence appropriate for the defendant’s most serious conviction. It’s a pretty extraordinary thing when you think about it. Notwithstanding all the fine-tuned, mandatory math that goes into the sentencing of a single offense under Structured Sentencing, the law allows virtually unfettered discretion to disregard all but the most serious offense for a defendant convicted of multiple crimes. Today’s post collects some of the rules for consolidation. First, consolidation is permissible only for defendants who are convicted of more than one offense at the same time. G.S. 15A-1340.15(b). That means that convictions from…
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The Difficulties for Felons Restoring Gun Rights in Texas
There are nearly 27 million people in Texas. Media reports say that 35.7 percent of them own a firearm. Approximately 44 percent of them own between 2 and 5 firearms. Roughly, there are at least 20 million firearms in the State of Texas. And there are about 8,500 gun dealers, more than any other state, selling them. There are slightly more than 700,000 law-abiding Texans with a valid concealed weapons permit. Texas is indeed a gun state, second only to Florida. In 2014, approximately 21,000 inmates were released from the Texas prison system. How many of these ex-felons will unlawfully possess or legally purchase a firearm is uncertain. The question then is when can a felon own, or even simply possess, a gun? Individuals Prohibited from Possessing Guns This discussion must begin with a forewarning about the federal gun law that criminalizes some gun ownership. Title 18, United States Code, Section 922(g) makes it unlawful for certain classes of individuals…
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News Scan
CA May Allow Violent Inmate Firefighters: Officials in California are considering an expansion of the state's inmate firefighting unit to allow inmates with violent backgrounds to work outside prison walls fighting wildfires, sparking a debate over public safety. The AP reports that beginning next year, inmates convicted of violent offenses such as assault and robbery will be permitted to participate in the program, as well as inmates who have up to seven years left on their sentences instead of the current five. Until now, even employing only nonviolent offenders resulted in hundreds of assaults and batteries, weapons possessions, indecent exposures and other crimes among inmate firefighters over the last decade. Some officials are also concerned with the 43 unfenced, minimum-security camps scattered across the state that the inmates will be housed in, which with non-violent felons, averaged nine escapes each year. California's…
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Can a State Be More Stingy on Habeas Retroactivity?
The U.S. Supreme Court heard argument today in Montgomery v. Louisiana, No. 14-280. The "merits" question is whether Miller v. Alabama (2012) -- which held that states can continue to sentence juvenile murders to life without parole but must give consideration to a lesser sentence -- applies retroactively so as to require resentencing of every killer sentenced to LWOP under a mandatory statute, even if the judgment was final on appeal years or even decades ago.Before getting to that, though, there is a threshold question of the U.S. Supreme Court's jurisdiction to review the state court's decision not to apply Miller retroactively in a state habeas corpus case. Does the state have to follow federal retroactivity law? One of the two shoes dropped seven years ago in Danforth v. Minnesota (2008). A state can, if it likes, apply a new rule retroactively in its own courts even if the federal rule of Teague v. Lane says the rule is not…
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One Vehicle Rollover on SH39
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: 10-13-2015 4:00pm Please direct questions to the District Office The Idaho State Police is investigating a one vehicle rollover crash on State Highway 39, near Anderson Road at S 2400 W, in Bingham County. The northbound lane is closed at this time. Motorists are encouraged to use caution through the area. More information will be released as it becomes available. KJ/SM -------------
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