As we shall see, the O.J. Simpson criminal murder trial turned out to be a complete circus. From the “Dancing Ito’s” on Jay Leno to the wall-to-wall coverage of the ten million defense attorneys, all vying for attention in front of the cameras. It was a joke. But the impact of the trial on the actual real world, the one off-camera away from L.A., was no joke. To this day I tell people that it changed the face of criminal law forever. Gone were the days of Domestic Violence (DV) cases being dismissed just because the chief witness didn’t show up. You see, it used to be that when you had a DV case, literally half the time you got to trial and the complaining witness (or victim, depending on how you look at it) was a no-show. No witness, no case, no trial, case dismissed. Simple as that. Enter Nicole, stage right, with her nearly decapitated head, a truly horrific image. Suddenly, the pendulum swung 180 degrees. Now everyone was…
OJ Simpson Saved Lives! (Part Two)
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MASSACHUSETTS MEDICAL MARIJUANA CONSULTANT FACES CRIMINAL CHARGES FOR POSSESSION WITH INTENT TO DISTRTIBUTE
As I write this the website for his Cannabis Consulting is still up and, seemingly, ready for business. However, 41-year-old Ezra Parzybok (hereinafter, the “Defendant”) may have a fight on his hands to keep said business going. You see, the Defendant has been caught up in one of the biggest hypocritical snafus that the Commonwealth has to offer these days. You guessed it. We are talking about the semi-legalization of marijuana. Weed. Pot. That substance that most experts say is not harmful but seems to be causing so much confusion and trouble that trying to figure it all out could lead one to heroin. The Defendant, according to the Boston Herald ,may have been alittle over=zealous regarding his services. The Commonwealth alleges that the Defendant had more than 60 marijuana plants at his home. Well, to be specific, that would be 67 marijuana plants, 59 jars of hash oil and $1,640 in cash in his home. This was discovered during a search of his residence in…
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OFFICER MISCONDUCT AND THE PITCHESS MOTION
OFFICER MISCONDUCT AND THE PITCHESS MOTION You are driving late at night and your eye catches flashing red lights in your rearview mirror. Your mind races—you were driving at the speed limit, didn’t run any stop signs or the like—why was the officer stopping you? You pull over and the officer swaggers over to your stopped vehicle. You sense something is wrong. The officer asks you for your driver’s license, registration, and insurance card; you produce all three. You are extra compliant because your sixth sense alerts you to be on guard; something is not right with this guy. He asks you to step out of the car. At this point you have no idea what you have done wrong so you politely ask the officer why he stopped you. Rather than respond to your question, his voice becomes agitated and demanding: “I said ‘Get out of the car!'” You promptly comply, feeling both angry and afraid at the same time. The officer commands you to put your…
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DOUBLE JEOPARDY? DUI ADMINISTRATIVE SANCTIONS AND CRIMINAL PUNISHMENT
DOUBLE JEOPARDY? DUI ADMINISTRATIVE SANCTIONS AND CRIMINAL PUNISHMENT An arrest for DUI with a blood alcohol level (BAC) over 0.08% triggers two entirely separate proceedings: 1) a DMV administrative per se hearing/determination with possible license suspension and 2) a criminal hearing that also carries a possible license suspension. It can happen that the DMV suspends a driver’s license pursuant to the DMV administrative per se determination and then a court conviction on the DUI triggers another license suspension. Usually, these suspensions will run concurrently, but not always. How can a driver essentially be punished twice for the same offense? Isn’t this double jeopardy? Well, according to the United States Supreme Court, it is not. (Hudson v. United States, 522 U.S. 93 (1997).) The reasoning behind the Supreme Court’s decision has to do with the nature of the “punishment.” The DMV suspension is considered a sanction that is civil rather…
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Georgia Drivers Under 21 and License Suspension
View More Georgia Speeding & Traffic Law Articles In Georgia, a driver’s license can be suspended for any number of reasons which most drivers are unaware of. This is especially true for drivers under the age of 21 and 18. However, if you are a licensed Georgia driver, regardless of your age, you should NEVER pay a fine or plead guilty to any charge without first consulting an experienced Georgia traffic lawyer. Consulting with an attorney first could be the difference in protecting your rights or having your license suspended. Drivers under the age of 21 need to be aware of the consequences a simple speeding ticket can have on their ability to maintain a valid driver’s license in Georgia. The following is a breakdown of these consequences depending on a driver’s age. A Georgia speeding ticket can potentially affect a drivers motor vehicle report and insurance rates. A local Hall County, Georgia Traffic Ticket Attorney can help! Drivers UNDER…
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Another Roca Labs Smackdown
Things couldn’t get any worse for villain of the year, Roca Labs. This company sells industrial goop, designed to help you pretend you’ve had gastric bypass surgery. Never mind the consistency of it, the potential dangers to your body, or the untruths in the company’s marketing. Roca Labs wasn’t a fan of consumers telling other consumers what crap their products were. So the company sued Consumer Opinion Corp (which runs the site Pissed Consumer). Roca Labs also sued some consumers of its products for reporting them to the Better Business Bureau and writing negative reviews. Then people started drawing attention to the issue, a Roca freaked out, threatening to sue bloggers and journalists who wrote about them. Then they sued Consumer Opinion Corp’s attorney, Marc Randazza. Then they sued me for daring to suggest that they were running a fraud on consumers. Well, thanks to all the attention Roca Labs brought to themselves… Last month, Roca…
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The UConn Mac and Cheese Incident – Helping Your Child Fight a UConn School Discipline / Expulsion Proceeding
Couldn’t ignore this one…a now-former 19-year-old UConn student made headlines this week for having an all-around freak-out over not getting served enough mac and cheese on the UConn Storrs campus. The tirade went viral, made headlines across the country, and probably triggered some form of a UConn school discipline and/or expulsion proceeding. Today’s news reports on this student indicate he is no longer enrolled at UConn, raising the question of whether he withdrew, was expelled, or withdrew pending discipline. The more common discipline / expulsion cases at UConn, Yale, Quinnipiac, Trinity, Wesleyan or Southern Connecticut State typically involve accusations of drug possession, fighting, Title IX violations, or sexual assaults (in contrast to a sticky mac and cheese scandal). The top Connecticut Title IX / school discipline / expulsion lawyers and attorneys would agree that fighting school discipline and expulsion proceedings like these must be taken…
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NEWBURY TEACHER IS CHARGED WITH DRUG DISTRIUBUTION IN CASE OF IMPROPRIETY
We usually encourage teachers who take a personal interest in students. Not always, though. Sometimes, we figure it is going too far. This case involves such allegations. 28-year-old Elizabeth Backler (hereinafter, the “Defendant”) was a North Shore educator and swim coach at north Andover High School. While she is no longer so employed, that is where the facts at issue are alleged to have taken place. The Commonwealth claims that, in 2014, the Defendant engaged in an “abuse of power’’ by giving a 16-year-old female student prescription drugs, taking her to dinner and to the Defendant’s Newbury home. She is also accused of giving the student a number of drugs to aid her shoulder pain. According to the Boston Globee, those drugs include the narcotic painkiller oxycodone and muscle relaxers. These would include oxycodone and one count of distributing diazepam, a benzodiazepine. The Defendant no longer works for North Andover Public…
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Va. father mistakenly flagged as sex offender while visiting daughter's school on her birthday
10-23-15 Virginia: WOODBRIDGE, Va. - A Woodbridge father showed up to his daughter's elementary school to surprise her for her birthday. However, for 8-year-old Aniya Williams, it’s a birthday she will remember, but for all the wrong reasons. “I started passing out cupcakes, doing all the meet and greets and then I see three officers come in,” said Aniya’s father, Justin. “I didn't know what
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Governor Scott Appointment ..... IT'S ABOUT TIME
THE CAPTAIN REPORTS:HOLY SARCOPHAGUS, BATMAN .........Rick Scott surprises us again, with another great appointment. This time it is a four year appointment to the Eleventh Judicial Circuit's Judicial Nominating Commission (JNC).And who did Governor Scott appoint? Criminal defense attorney: ROBERTO "BOB" PARDOCongratulations to Bob. A well deserved honor and great news to know that the JNC finally has a criminal defense practitioner to weigh in on nominees to the Circuit and County Court bench here in Miami-Dade County.CAPTAIN OUT .......Captain4Justice@gmail.comSite Feed
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Texas Criminal Defense News Update – Understanding the Bail Hearing Process in Texas State Versus Federal Criminal Courts
Texas based criminal defense law firm addresses questions many have about bail hearings in Texas state and federal courts, and the process of being granted a conditional jail release. Bail is essentially collateral that is deposited or pledged for the release of a person who has been jailed after being accused of a crime, but not yet tried by a ... Read More The post Texas Criminal Defense News Update – Understanding the Bail Hearing Process in Texas State Versus Federal Criminal Courts appeared first on .
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Prostitution Arrest for Margate Massage Worker
A 52-year-old massage parlor employee in Margate was arrested following an undercover investigation by local police. Authorities say Jinping Yang, was routinely offering to masturbate male massage customers (known as a "happy ending"), and additionally was working as a masseuse without a license. Yang allegedly charged $45 for a half-hour massage for an undercover detective, who was equipped with an audio listening and recording device. After 20 minutes of massage, she allegedly ordered detective on his back, she told him she could massage his chest, but then motioned to his groin area. Detective agreed, and then gave a verbal alert to officers on standby to take action. Defendant was arrested for lewd lascivious actions and working without a masseuse license.
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Blocking Semi-Truck Crash NB SH3 at 45.9
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 Two CASE # L15001221 --------------------- PRESS RELEASE ----------------------------- DATE: October 22,2015 TIME: 9:05 pm LOCATION: NB SH3 at milepost 45.9 North of Bovill ASSISTING AGENCIES: Latah County Sheriff, Idaho Transportation Department, Deary Ambulance VEHICLE #1 ------------- DRIVER Medley, Wade R AGE 30 ADDRESS Lewiston, Idaho INJURIES? - No HOSPITAL/LOCATION TAKEN ? None VEHICLE YEAR 1987 VEHICLE MAKE Peterbilt VEHICLE MODEL Tractor WRECKER Recovered by Buell…
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If the Police Refuse to Accommodate Your Request to Call Your Attorney in a New York DWI Arrest Can the Results of a BAC Test be Thrown Out
Whenever a person learns that I am a New York criminal lawyer and New York DWI attorney, one of the first questions they ask is whether or not they should “blow” if they are ever stopped or arrested for the crime of drunk driving in New York. Drunk driving, a crime of the New York Vehicle and Traffic Law, is codified as VTL 1192 and in various subsections. When I respond to this question, the first answer I usually give (its more of a statement) is don’t drive drunk or impaired and you won’t ever need to know the answer to this question. Prosecutors and police take this crime very seriously and its not “OK” to put others at risk when you are behind the wheel. Taking off my “regular guy” cap and putting on my criminal defense attorney hat, the analysis changes. While I cannot answer whether you or anyone else should provide a breath sample for the portable breath test (PBT) or an intoxilyzer without having a specific set of facts,…
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AND NOW A MESSAGE FROM JUDGE HIRSCH
Through intermediaries, we were provided this missive from Judge Hirsch about Baseball and The Cubs. Starting last night, and continuing this morning, well-intentioned friends have gone out of their way to express their condolences to me, as if I had had a death in the family. I try to show appreciation for their support, but I explain to them that we really had a wonderful baseball season: my Cubs played 162 games, 81 of them in beautiful Wrigley Field; we won almost 100 of them; and we came in second in all the rest. The ivy was green, the sky was blue, and as long as we kept the rally alive in the bottom of the ninth, the game was never over.I reproduce below the soliloquy I consider a close second to Hamlet's middle soliloquy. Surely it was written with Wrigley Field in mind. May it tide you over till next spring training. And until then, remember: WAIT TILL NEXT YEAR!"People will come, Ray. They'll come to Iowa for…
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Discipline and Fine
Alexandra Natapoff, Misdemeanor Criminalization, 68 Vand. L.Rev. 155 (2015). Angela Harris The recent cascade of highly-publicized murders of American black men and women by police and by white “domestic terrorists” has brought into public debate one of the most spectacular forms of American anti-black racism. Ruth Wilson Gilmore defines this racism as “the state-sanctioned or extralegal production and exploitation of group-differentiated vulnerability to premature death.” Michael Brown’s body—killed by police in Ferguson, Missouri in August 2014 and subsequently left on the street for hours—has come to literally embody American contempt for black life. But Ferguson also exposed a less lethal manifestation of American racism: the reliance of strapped-for-cash municipalities on fines and fees imposed on the poor through the criminal justice system. In her article, Misdemeanor Criminalization, Alexandra Natapoff warns us that one…
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Judges shouldn’t require court costs up front in plea bargains
One of the stranger local practices in Kaufman County is the requirement of paying court costs up front in misdemeanor cases. That is, you are supposed to pay court costs on the day you plead guilty. This local preference is often a requirement to enter a plea, with some exceptions and variation among our County Courts. It’s the only county I practice in that has this policy and it’s one I’ve never understood. I have not taken court appointments for a while, so it’s less of an issue for my clients who can usually get a few hundred bucks together on the date of the ple for costs. However, for indigent defendants paying $261-$460 at the time of plea can be impossible. Worse, indigent defendants have even gone to jail to “sit out” court costs if they did not bring them to court. Recently Etta Mullins, widely regarded as the worst criminal judge in Dallas County when she was on the bench, was reprimanded by a special court of review for the…
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The Juvenile, Ecstasy and the Surrender of Passwords
This post examines an opinion from the California Court ofAppeals – First District: In re Erica R., 240 Cal.App.4th 907 (2015). As usual, the court begins by explaining how, and why, the case arose:On March 27, 2014, defendant Erica R. attended a meeting with her school counselor. The counselor noted that Erica was fidgety and her pupils were dilated, leading the counselor to believe Erica had taken an illegal drug. Erica eventually left the meeting, but left her purse behind. The counselor opened Erica's purse and found a sandwich bag containing 30–45 orange pills. The counselor took one of the pills and put the rest of the pills back in Erica's purse. When Erica returned, the counselor accused Erica of selling drugs on campus. Erica grabbed her purse and left the office. The school counselor called the police. The pill taken by the counselor tested positive for amphetamine.The district attorney filed a juvenile wardship petition pursuant…
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Criminal Justice Reform: The Clueless Atop A Soapbox
Over the past few days, criminal law reform has become a darling of discussion, with the Senate Judiciary Committee approving its bipartisan compromise, the prosecutors and head cops responsible for over-incarceration forming a cool club to pretend they’re going to save us from it, and a panel discussion with the President of the United States explaining how we’re going to fix everything, provided no cop gets a paper cut in the process. Never has there been a bigger dog and pony show of empty rhetoric so carefully orchestrated to pacify public concerns by feeding them a heaping, steaming pile of bullshit. Sure, there will be some tiny changes, where the low hanging fruit is plucked so our law enforcement heroes can prove how much they care, and pat themselves on the back for being so reform-y that they’ll sprain something. As anticipated, there is no front page story in today’s New York Times about how everything changed at 100 Centre Street…
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Ban The Yak
There is an app called Yik Yak. How they come up with these names is beyond me, but then, old guys probably aren’t the target audience for such things, and so the name need not strike me as meaningful or appealing. And Yik Yak, apparently, has become a fixture on college campuses. And that’s problematic. Seventy-two women’s and civil-rights groups on Wednesday announced a campaign to enlist the federal government in pressuring colleges to protect students from harassment via anonymous social-media applications like Yik Yak. The groups have sent the U.S. Education Department a letter calling for it to treat colleges’ failure to monitor anonymous social media and to pursue online harassers as a violation of federal civil-rights laws guaranteeing equal educational access. The problem, according to The Feminist Majority, is that Yik Yak is anonymous, so Yiker Yakers can post things that hurt other people’s feelings, which of course falls…
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