Paris. Je t’adore. I love Paris. When the news broke I was lost. Lost in this crazy lost world. A world that has lost its friggin’ mind. Paris? Seriously? Even the stoner guy checking me out at the QFC, the one who was unable to follow directions to find a restaurant a block away when I tried to tell him about it once, even he said, “Paris? Dude! What did they do? I mean, I thought they were pretty chill.” This guy’s view of world affairs may be a bit misinformed (since France has been involved in fighting in the Middle East and North Africa forever) but he was right. Paris is about life, not death. Last year this time we were there, on a mission to support our wonderful French friend M who had suffered a stroke. We spent several weeks hanging out with her and her husband JL. It was one of the most positive experiences of our lives, immersing ourselves in France and all things French for a bit, falling in love all over the place. With…
Au Revoir to ISIS
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Penalty For Assault (N.J.S.A. 2C:12-1) In New Jersey
New Jersey Penalties For Assault (N.J.S.A. 2C:12-1) Charges In most states, minor crimes whose punishment is less than a year are known as misdemeanors, while more serious crimes with longer sentencing options are called felonies. In New Jersey, misdemeanor-level violations are charged as disorderly persons offenses or petty disorderly persons offenses. Assault (N.J.S.A. 2C:12-1), often referred to as Simple Assault, is typically charged as a disorderly persons offense and puts you at risk for up to six months in jail. The exception is where the parties involved in the altercation entered into it by mutual consent. In that case, the charge is a petty disorderly persons offense, with a maximum sentence of 30 days. Assault charges at any level can cause you problems down the road. If you are subsequently charged with a crime, the existence of a past conviction for an act of violence can increase your charges and expose you to significantly longer sentencing than you’d…
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Penalty For Knowingly Leaving Scene Of Motor Vehicle Accident Resulting In Death (N.J.S.A. 2C:11-5.1) In New Jersey
New Jersey Penalties For Knowingly Leaving Scene Of Motor Vehicle Accident Resulting In Death (N.J.S.A. 2C:11-5.1) Charges Knowingly Leaving Scene of Motor Vehicle Accident Resulting in Death (N.J.S.A. 2C:11-5.1) is a New Jersey statute that provides a number of potentially sweeping penalties to those charged. First, conviction under N.J.S.A. 2C:11-5.1 is a second degree crime, meaning that you can be sentenced to between five and 10 years, with fines of up to $150,000. In addition, the statute specifies that the defendant can also be charged with aggravated manslaughter or vehicular homicide, and that the charges cannot be merged. If convicted under one of these statutes and N.J.S.A. 2C:11-5.1, your sentences must run consecutively rather than concurrently. Knowingly Leaving Scene of Motor Vehicle Accident Resulting In Death is a very serious charge that can cost you years of your life. Attorney Matthew Reisig has protected the rights and liberty of people in New Jersey…
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Penalty For Aggravated Assault (N.J.S.A. 2C:12-1(b)) In New Jersey
New Jersey Penalties For Aggravated Assault (N.J.S.A. 2C:12-1(b)) Charges Aggravated Assault (N.J.S.A 2C:12-1(b)) in New Jersey may be charged at a variety of levels, based on the specifics of the conduct in question. For instance, a defendant who is accused of recklessly causing bodily injury to another with a deadly weapon can be charged at the fourth degree crime level and face up to 18 months in jail. An attempt to cause, or purposely and knowingly causing bodily injury to another, is a crime of the third degree, with a sentence of up to five years if convicted. Recklessly causing serious bodily injury to another under circumstances manifesting an extreme indifference to the value of human life is a second degree crime, and you could go to prison for up to 10 years if convicted. Obviously, a great deal depends on the facts of your case, and more importantly, what the prosecution can prove. An experienced New Jersey criminal defense attorney can help you build the…
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Appellate Court Agrees Prosecutors “Overreached at Trial” of Analogue Act Violation, Conviction Reversed
Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.” Big Mistake to Ask Law Enforcement for Help Questions arose about a particular incense the two men carried on the store’s shelves. Makkar and Sehgal contacted state law enforcement. They suggested that the police test the incense to determine if it was legal to sell. They even offered to stop selling the product until the test results came in. Then federal investigators got involved in the case. The feds have little tolerance for individuals who suggest they only want to do the right thing. Their investigation promptly led to Makkar and Sehgal being indicted for violating the Controlled Substance Analogue Enforcement Act (Analogue Act), conspiracy and money laundering. Charged With Violating Analogue Act Makkar and Sehgal elected to stand trial. Under the Analogue Act, the Government bore the burden of…
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Guilty Plea in Straw Buyer Scheme
Miguel LaRosa, 48, Elizabeth, New Jersey, pleaded guilty in Newark federal court to an information charging him with one count of conspiracy to commit wire fraud for recruiting straw buyers and submitting bogus loan applications as part of large-scale mortgage fraud scheme involving properties in northern New Jersey. According to documents filed in this case […]
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ATTORNEY SAM DISCUSSES HOW TO SURVIVE LAW ENFORCEMENT ENCOUNTERS
Yesterday, we began discussing two of a myriad of matters in which civilians and police officers met…violently. In those two matters, as is too often the case, death for somebody was the result. I said that there was an important reality here which could effect you. “Sam, I have read many of your past blogs. I know that you have always advised that when investigating officers approach me, I should not try to out-run, out-talk or out-fight them. Let’s assume I don’t. Let’s assume I also do not go out committing crimes. So, how would I be in a position to ‘learn’ from these tragic episodes?” I have been dwelling inside the criminal justice system for approximately 30 years now. I have been, in the State of New York and the Commonwealth of Massachusetts, and on both sides of the aisle. Some situations, such as you just mentioned, are obvious. If the police are investigating you, your best move is to be polite, do what they…
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News Scan
Police, Feds Probe Terror as Motive in SoCal Massacre: Local law enforcement and federal authorities are probing terrorism as a possible motive in the Wednesday morning massacre at a holiday party at a social services office in San Bernardino that left 14 dead and 21 injured. Fox News reports that the married suspects, 28-year-old Syed Rizwan Farook, a U.S.-born citizen of Pakistani descent, and 27-year-old Tashfeen Malik, a Pakistani in the U.S. on a K-1 visa, stormed a holiday party taking place at the Inland Regional Center, clad in tactical gear and armed with assault rifles, unleashing carnage before being killed hours later in a shootout with police. Farook, an employee of the county health department that was hosting the party, was described by his co-workers as a devout Muslim who had traveled to Saudi Arabia for a month this past spring and recently grew out his beard. Explosive devises were discovered in the facility where the shooting…
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Court Refuses to Reduce Wisconsin Man’s Sentence After he Pleads Guilty to Trafficking Marijuana and Other Drugs
In United States v. Vang, a Wisconsin man was sentenced to serve 162 months in prison after he pleaded guilty to conspiracy to distribute methamphetamine, Ecstasy, and marijuana in 2011. At the time of sentencing, the court stated it based the man’s prison term on the factors enumerated in 18 U.S.C. § 3553(a). After receiving his sentence, the convicted man pursued a sentence modification under 18 U.S.C. § 3582(c)(2) before the Eastern District of Wisconsin. Under the law, a district court is permitted to lower a convicted person’s sentence if it was based on a guideline that was later reduced by the Sentencing Commission. The United States government opposed the man’s request. According to the federal court, the convicted man initially admitted to possessing drugs that weighed much more than the amount required in order to impose a 10-years-to-life prison sentence. In addition, the court stated the facts that the drug evidence was…
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MA SJC Jury Instructions Blog Post
By Matt Kellner Matt is a paralegal in the Strategic Litigation Department, where he identifies potential test cases, conducts research, and assists the department's three attorneys with case-related tasks. On November 16, 2015, the Massachusetts Supreme Judicial Court (SJC) approved new model jury instructions on eyewitness identification. With the announcement of the new instructions, the SJC again demonstrates its fidelity to a more scientific and just treatment of eyewitness identification evidence, one of the leading factors contributing to wrongful conviction (eyewitness misidentifications played a role in 71% of the 333 exonerations nationwide that were later overturned by DNA evidence). Massachusetts has now joined New Jersey and a handful of other states in implementing robust, science-based jury instructions, a key recommendation of the National Academy of Sciences’ landmark 2014 report on the reliability of eyewitness identification procedures. …
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California’s SCRAM Program May Help You Stay Out of Jail
After a long day at work you decide to head to your local bar to relax with a few drinks. A couple of cocktails later and you start to think about heading home. On the way, though, your stomach drops as you see red and blue lights start to flicker in your rearview mirror. This is likely a scary time for you. A DUI conviction could lead to jail time and expensive fines, and going to jail is a fate nobody desires. Fortunately, California has a number of alternative sentencing programs that may help you avoid spending time in jail. One such program for alcohol-related crimes is known as Secure Continuous Remote Alcohol Monitoring (SCRAM).1 SCRAM is an electronic monitoring system that is used to detect alcohol consumption. Here is how the program works: How Does the SCRAM Program Work? If you have been charged or convicted of DUI or another alcohol-related crime, a judge may order you to abstain from drinking alcohol in lieu of jail time. SCRAM provides a way for the court to make…
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Why I’m Taking Action for Zunar
By Harry Belafonte, artist and activist All my life I have used my art to fight for social justice. So when I see freedom of expression under serious attack, I must act. That is why I stand with Amnesty International today in demanding justice for courageous Malaysian cartoonist Zulkiflee Anwar “Zunar” Ulhaque, who is facing decades in prison for political Tweets he sent in February. Join me. Urge the Malaysian government to immediately drop the charges against Zunar. Zunar is one of 12 urgent human rights cases highlighted in Amnesty’s 2015 Write for Rights campaign, the biggest human rights event in the world. Zunar’s case is about much more than Tweets. It’s about a government that is systematically and harshly stifling criticism. He’s been harassed for years. No newspaper dares to publish his work for fear of government retribution. Authorities raided his home and three printing firms that had previously published his…
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Kainen on Opening the Door and the Exclusionary Rule
James L. Kainen (Fordham University School of Law) has posted Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function (American Criminal Law Review, Vol. 50, 2013) on SSRN. Here is the abstract: Relying on the metaphor that a criminal defendant...
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In Florida, You Have a Right to Privacy in Your Home, But Not Necessarily Your Computer
In Florida, there are fairly strict rules that address when police can search your residence, your vehicle, yourself and your belongings. Essentially, if you have a reasonable expectation that the thing to be searched is private, then the police are limited in when and how they can search it. Certainly, this applies to your home, yourself and your vehicle. However, it does not apply to everything you own and in some cases, you lose your expectation of privacy when you use a belonging in a certain way. For instance, if you have a computer, whether it's a regular home computer or a laptop you carry with you or any mobile device that stores data and acts like a traditional computer, the police generally cannot take it from you and search it without a search warrant or consent from you. They also normally cannot use a program to search the contents of your computer or mobile device. However, if you use your computer in certain ways, the police can take steps to view the…
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Heroin Addiction in New Hampshire – Heroin Epidemic in NH
Heroin Addiction in New Hampshire – Heroin Epidemic in NH There’s a disturbing trend going on in the Granite State, and has exceeded the fatality rate over traffic accident related deaths. According to latest statistics, heroin and other addictive substances killed about 300 people last year. Out of those deaths, 97 were caused by heroin addiction or its variants and combinations. Even in a small town like Dover, there have been seven drug-related deaths in the last six months, averaging about two overdoses a week. Several possible factors account for the heroin epidemic, such as the recession which causes depression enough for people to turn to drugs for comfort. The state also seems wanting in terms of state resources for prevention and treatment education, as well as imposition of tighter measures on heroin prescriptions. According to some sources, the drug is quite easy to manufacture in clandestine laboratories. Implementation of…
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NEW ILLINOIS LAW REQUIRES POLICE BODY CAMERAS AND OTHER IMPROVEMENTS
We’ve said it before, and we’ll say it again. The vast majority of police are good people trying to do a difficult job in community service. Unfortunately, the recent epidemic of unjustifiable police killings have spotlighted more than a few bad apples. Fortunately, the Illinois legislature has acted to improve police-citizen relations in our state. The new law taking effect January 1, 2016 makes significant changes. First, police will be required to wear body cameras, a big step in holding police accountable to the public. Body cameras can further provide evidence that is useful for both defendants and police. Cameras must be turned when the officer is in uniform and responding to calls for service or other law-enforcement related activity. The new law attempts to balance law enforcement interests with privacy. Officers need not activate the camera when in their squad car if they are not involved in law enforcement activities. Cameras must be turned off at…
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Second Amendment On Deck - They're Coming for Your Guns
First they came for the Socialists, and I did not speak out— Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out— Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then they came for me—and there was no one left to speak out for me. - Pastor Martin Niemoller, 1946 If you read our blog, you know that the Minnesota Supreme Court has consistently ruled that drivers arrested under suspicion of DWI have no Fourth and Fifth Amendment rights because the state’s “compelling interest in public safety” is more important than the individual rights guaranteed by the Constitution. If "public safety" is sufficient to selectively nullify the Fourth and Fifth Amendments, why wouldn't it also apply to the Second Amendment? Here's a quote from the recent DWI case…
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Mortgage lender agrees to pay $70 million to settle false claims allegations
On December 2, the Department of Justice announced that Tennessee-based Franklin American Mortgage Co. had agreed to pay $70 million to settle civil allegations that it had defrauded the Department of Housing and Urban Development by misrepresenting the quality of mortgages to secure HUD backing. According to DOJ’s press release: Franklin American Mortgage Company has agreed to pay the United States $70 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that did not meet applicable requirements, the Justice Department announced today. Franklin American is headquartered in Franklin, Tennessee. * * * During the time period covered by the settlement, Franklin American participated as a direct endorsement lender (DEL) in the FHA insurance program. A DEL…
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News Scan
SoCal Jihadist Wife Pledged Allegiance to ISIS: The mysterious Pakistani woman who gunned down 14 people at a San Bernardino holiday party with her husband pledged allegiance to the Islamic State on social media before the attack "in what appears to be concrete evidence that the rampage was at least inspired, if not directed, by the terrorist group." Fox News reports that Tashfeen Malik, wife of partner-in-crime Syed Rizwan Farook, posted a pledge on Facebook to ISIS leader and self-proclaimed "caliph" Abu Bakr al-Baghdadi under a different name and then deleted it, and authorities are now beginning to suspect that she radicalized her new husband, transforming him from "an aloof county restaurant inspector into her cohort in carnage." Through few details have emerged about Malik, including her picture, what is known is that she and Farook, a U.S. citizen of Pakistani descent, met online and became engaged in September 2013 when…
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OPEN LETTER RE MAINE LD 1433 PUBLIC DEFENDER BILL.
OPEN LETTER RE MAINE LD 1433 PUBLIC DEFENDER BILL.Posted by Edmund R. FolsomDate: December 4, 2015This follows up my earlier post, “A Public Defender Administering Contracts for Maine?” located here: http://edfolsomlaw.com/2015/10/a-public-defender-administering-contracts-for-maine/ Most of the concerns I have seen expressed over LD 1433, “An Act To Create the Office of the Public Defender and Amend the Duties of the Commission on Indigent Legal Services,” have not addressed the bill’s particular language. What follows is my attempt to address concerns about the bill by examining its particular provisions. This is an open letter to anyone concerned with the issue, in essentially the same form as the letter I have directed to John Pelletier, Esq., Executive Director of the Maine Commission on Indigent Legal Services in response to his request for comments. Re: LD 1433To whom it may concern:I am…
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