Now is the Right Time to Post Bail One of the common questions in my business is: Should I bail him/her out? My answer is always the same – It depends. There are some basic rules of thumb I employ when deciding to advise bailing out a client. Now is the right time to post bail when: The client will be deported if he/she is not bailed immediately. The client will earn more money while out on bail than the cost of the bailbond. The client will lose a good job that he will be able to keep if he bails out. The client has children or dependants he/she must support. The client will suffer a substantial financial loss if he/she remains in custody: such as losing a home, or significant business transaction (See No. 2) The client must get out of custody in order to assist in his legal defense. Your lawyer tells you to bail out. You are in a position to post cash bail. You get a great deal on bail. The client seeks to flee the jurisdiction (just kidding). The…
Now is the Right Time to Post Bail
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Green on Tax Evasion as Crime
Stuart P. Green (Rutgers, The State University of New Jersey - School of Law-Newark) has posted Tax Evasion as Crime (Monica Bhandari (ed.), Philosophical Foundations of Tax Law (Oxford U. Press, Forthcoming)) on SSRN. Here is the abstract: From the...
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Teachers Need Education on DUI
Students who take drivers education in the Southern California area hear numerous warnings during their classes about the dangers of DUI in Los Angeles. But sometimes the teachers of these classes ignore their own good advice. Take the case of 51-year-old, Richard Bull. The Fort Myers, Florida, CBS affiliate WINK reported on that when Bull attempted to pull into a McDonald’s parking lot in Alva, Florida, his vehicle jumped the curb and landed up in a ditch alongside the fast-food restaurant. When Lee County deputies reported to the scene, he allegedly compounded his problems by trying to convince them that someone else was driving his car and had taken off when they approached. This scenario would have embarrassed anyone (once they were sober again), but the real problem in Bull’s case is that he teaches driver’s ed at the local Riverdale High School. He was even wearing a school tee shirt when arrested. The Lee County School District said that while it…
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Too Drunk For DUI Charges?
Imagine someone charged with DUI in Los Angeles arriving in a courtroom and pleading not guilty. Not because he didn’t commit the crime, but because he was too intoxicated to really understand what was going on at the time of the arrest and to consent to a test measuring blood alcohol content. Georgia Supreme Court building in downtown Atlanta. Photo by Jason R. Bennitt/Daily Report (5/14/2012). It’s happening in Georgia, thanks to a Supreme Court ruling in that state that has created a loophole in the state’s DUI law. A report on website AJC.com said that DUI attorneys have been using this argument in court ever since John Williams won an appeal of a ruling in his DUI case before the state’s highest court. Lance Tyler, who represented Williams, said that his client could not have given his consent “knowingly and intelligently” for voluntary blood tests, since he was too intoxicated to understand what was happening and the implications of BAC…
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Male arrested after pursuit on I-84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 11/27/15 7:25 p.m. Please direct questions to the District Office On November 27, 2015, at approximately 12:15 p.m., the Idaho State Police received information from a witness reporting an impaired driver at the Boise Stage Stop. The witness stated the vehicle, a 1993 Mercury Topaz, had damage, possibly from a recent crash. ISP troopers located the vehicle travelling westbound on Interstate 84 near milepost 53 and conducted a traffic stop. During the investigation, the driver ran back to his vehicle and fled. ISP initiated a pursuit. Ada County Sheriff's Office, Meridian Police Department, Nampa Police Department, Caldwell Police Department, and Canyon County…
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"Mother Who Left Baby at Queens Church Is Found; No Charges Will Be Filed"
From The New York Times: The mother of a baby who was left this week in an unadorned crèche inside a Roman Catholic church in Queens was found and will not face criminal prosecution, the county district attorney said late...
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Victims and Families of Colorado Springs Shooting
Our hearts go out to the victims and families of the Colorado Springs Planned Parenthood shooting. This tragedy is something that will become part of the fabric of our community forever. To be touched by such a horrific catastophe… Planned …The post Victims and Families of Colorado Springs Shooting appeared first on Colorado Springs Accident Attorney | Quality Legal.
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"A confusing proposal to reform the ‘mens rea’ of federal criminal law"
Orin Kerr has this post at The Volokh Conspiracy. It nicely works through the myriad problems with the proposed language.
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When The Color of Law Of Law Is Gray
In a New York Times op-ed, Brandon Buskey, a staff lawyer with the ACLU, stirs the post against the target of a suit in which he’s lead attorney. This little detail is artfully acknowledged in the text, so artfully that it doesn’t strike the reader that this is a problem. A very serious problem. Judge [Marcus D.] Gordon has robbed countless individuals of their freedom, locking them away from their loved ones and livelihoods for months on end. (I am the lead lawyer in a class-action suit filed by the American Civil Liberties Union against Scott County and Judge Gordon.) In a recent interview, the judge, who sits on the Mississippi State Circuit Court, was unapologetic about his regime of indefinite detention: “The criminal system is a system of criminals. Sure, their rights are violated.” But, he added, “That’s the hardship of the criminal system.” The paragraph is chock full of really bad stuff about Judge Gordon, so that the…
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From Cell Block To Voting Block
If you can’t do the time, don’t do the crime. This was the catch phrase of a TV character, Baretta, which was embraced by the public because it was short and simplistic, thus encompassing the full depth of the American grasp of the legal system. But even if you could do the time, you still couldn’t vote after your time was done, at least in some states. In places like Mississippi, one of 12 states that permanently bar at least some felons from voting, the reason typically involves the notion that people have displayed very bad judgment by committing a felony, by definition a serious crime. No argument there. But having done so, the thinking goes, they have also proven themselves unfit to make one of life’s most important decisions: choosing the nation’s leaders. As Roger Clegg, president of the conservative advocacy group Center for Equal Opportunity, neatly puts it, “If you aren’t willing to follow the law, you can’t claim the…
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COE v. SEX OFFENDER REGISTRY BOARD | Leagle.com
Original Article Excerpt: GREANEY, J. We granted an application by the sex offender registry board (board) for direct appellate review to decide whether a Superior Court judge correctly ... © 2006-2014, Sex Offender Issues | Facebook | Google+ | Please Donate! (Stop Smoking Today!) [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Saturday College Football Open Thread
Here's how my CFB year has gone - I could hit all 19 games I picked today and I'd still be under .500. I'm a bit better on the money side as I've done decently with my larger plays, but basically a disaster. But bowl season comes soon and a winning... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Harford Sheriff Conducts Questionable Heroin Checkpoint
Maryland law enforcement’s war on heroin has reached new levels, as one county recently conducted highly questionable road checkpoints targeting the dangerous drug. The checkpoints were set up this past week on various thoroughfares in Harford County including Route 1, Route 24 and Route 40, which police classify as high volume drug trafficking routes. The trafficking designation is more a result of these roads being the major thoroughfares in and out of town and for the high volume of motorists they carry, but police seem to enjoy their labels and designations in order to stir up support for their operations. The checkpoints this past week produced ten arrests, with four of those being drug related. The arrests yielded marijuana, prescription pills, drug paraphernalia, a switchblade knife, and $7,000 in cash. The questions being asked in the wake of these unorthodox checkpoints are many, and include whether the efforts of law enforcement were worth it and whether their…
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NFL POINT BREAK EDITION
They've re-made Point Break. Really? We needed another Point Break? Why tinker with a classic?The Super Bowl rematches continue with the Steelers visiting the home of Starbucks and the Seahawks. The o/u is 44 and the Steelers are getting 4.5. We like the over and the Steelers getting points coming off the bye week. But since the NFL has been trying to rematch super bowl games of years past, shouldn't the Steelers have played the Cowboys, since they've met three times in the SB?Tampa Bay at Indy- over 45. Arizona at San Fran. We like the visiting red birds against the struggling miners -7.5.Cheaters at Denver. Is this the week? Maybe. Broncos and Orange Crush -1.See You In Court Monday.Site Feed
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¿Y si no pueden devolver el fondo de los que llegan a los 65 años?
Cuando se precisa un hecho se debe probar, no basta con mencionarlo, así de sencillo, con mayor razón si quién propone un cambio o los efectos dañinos que el mismo podría generar, es candidato a un puesto público, un funcionario en ejercicio o un profesional a quién se le reputa muy capaz en el área que domina. Partiendo de la premisa anterior, no es entendible para mí que, personas como el Ministro de Economía o un candidato que declara haber “renunciado a su nacionalidad y que el punto se acabó, no hay discusión”, para citar dos de los muchos, dentro de los pocos que se oponen a la devolución del 95.5% del fondo acumulado por los clientes de las AFP al cumplir los 65 años de edad, sin que en ningún caso expliquen por qué se pone en riesgo el Sistema si los clientes llegados los 65 años retiran SU PLATA como la única…
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Loquan McDonald Executed by Police
There is an ever growing “hazy border” between excessive and acceptable use of deadly force by law enforcement. This reality is demonstrated by the continual release of video documenting unreasonable and inhumane executions by police, acts that in a “pre-video” era would have been covered up and ruled justified. Some People Should Not be Cops Chicago police officer Jason Van Dyke had a history of using racial epithets and excessive force during his 18 years as a member of the Chicago Police Department (CPD). In fact, 14 such complaints lodged against him. Van Dyke was absolved of any wrongdoing stemming from these complaints by the CPD, despite the fact that one resulted in the complainant receiving a $350,000 civil judgment because of the officer’s misconduct. Jason Van Dyke should not have been wearing a police uniform in October 2014. He had never been able to embrace the time-honored police creed “to…
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How to Access a Safe Education as a Girl-Child of War
By Christina V. Harris, Women’s Human Rights Coordination Group Three years ago, a tenacious student in Pakistan named Malala Yousafzai brought to the world’s attention the hardship faced by millions of girls living in conflict zones around the world when she was shot in the head by a member of the Taliban on her bus ride home from school. The Taliban had targeted Malala because of her advocacy for something that many of us take for granted: her right, and the right of all girls and conflict-affected children, to a safe education. According to a recent joint report by UNICEF and UNESCO, one-half (nearly 30 million) of the world’s out-of-school children are those from war torn nations—and most are girls. In countries afflicted by war, girls are kept from attending school for a variety of reasons. The insecurity associated with armed conflict may keep parents from sending their children to schools and make it difficult for school officials to protect…
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DUI in Michigan - Don't be Guided by Fear
As a Michigan DUI lawyer, I am very conscious of the fear someone experiences as he or she deals with a DUI charge. I was reminded of how profound those feelings can be a few days before this article was written during a phone conversation with a potential new client. At least in the local courts of the Detroit area, meaning Macomb, Oakland and Wayne Counties, I pretty well know how a case is going to play out (meaning a case that is not likely to be thrown out of court due to faulty evidence) based upon the answers I get to a few questions. I know, but the person doesn't. He or she can often feel awash in a sea of unknowns. As in the call yesterday, where it was the person's 1st drinking and driving charge, I know all things that aren't going to happen, but the person on the other end of the phone does not, and is understandably afraid. It therefore becomes important for me to help someone understand that most of things that freaking them out are not going…
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Next week's criminal law/procedure argument
Issue summary is from ScotusBlog, which also links to papers: Monday Musacchio v. U.S.: (1) Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions...
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Disabled Pakistani man's execution delayed for fourth time
Source: Gulf News (25 Nov 2015)http://gulfnews.com/news/asia/pakistan/disabled-pakistani-man-s-execution-delayed-for-fourth-time-1.1626547Islamabad: A disabled Pakistani murder convict was given a fourth stay of execution late Tuesday just hours before he was due to be hanged, as rights activists slammed Islamabad for a executions spree on track to see 300 deaths in under a year.Abdul Basit, a paraplegic who was convicted of murder in 2009, was scheduled to be hung early Wednesday. His execution has already been harrowingly postponed several times after rights groups raised concerns about how a wheelchair-bound man would mount the scaffold.The presidency issued a statement late Tuesday saying the execution had been delayed for two months while President Mamnoon Hussain ordered an inquiry into Abdul Basit's medical condition.The statement said the president had vowed that "human rights will be upheld". "We are very happy to hear the TV news that (the)…
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