By Bo Kalabuswww.rosenthalwadas.com bo@kalabuslaw.com Office: 972-562-7549 24 Hour Jail Release 214-402-4364 Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Remember, this is one situation in life where you cannot un-ring the bell so to speak. Let’s take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying “no” to police searches, and here are some reasons why: It’s your right under the Constitution The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence, what is often called “Probable Cause” to believe you’re involved in criminal activity, they need your permission to…
Top 5 Reasons You Should Never Agree to a Police Search -Even if you think you have nothing to hide
↧
↧
Find a Baltimore County Maryland personal injury lawyer
When you’ve been involved in an accident and suffered a serious injury, it can be difficult to know where to turn. Medical bills, legal conflicts, physical pain and mental anguish can add up quickly, leaving you frazzled and struggling to do it all by yourself. In these circumstances, the best idea is to find yourself a Baltimore County personal injury lawyer. Call the injury lawyers with the Law Offices of G. Randolph Rice, Jr., LLC, for immediate help. Your Personal Injury Attorney in Baltimore County, Maryland For Maryland residents dealing with injuries for which someone else may be liable, a Baltimore County personal injury lawyer can make the difference between winning and losing a case. Your personal injury lawyer is professionally trained to represent you, and is familiar with all applicable Maryland state and Baltimore County laws. He or she can help guide you through any paperwork or action steps you’ll need to take in dealing with your…
↧
Career Prosecutors Question Reckless Mass Clemency
The National Association of Assistant United States Attorneys has issued a press release questioning the President's mass clemency, and asking for disclosure of more information about its recipients. NAAUSA notes:On Friday, December 18, President Obama, working in conjunction with the Justice Department, ordered the early release of another 91 convicted drug traffickers from fully lawful sentences their criminal behavior had earned. This brings to approximately 150 the number of traffickers given early release through executive clemency in just the last 14 months.When it announced the clemency project, the Administration committed to granting clemency only if six specific criteria were met, including that the defendant was a non-violent, low-level offender, did not have a significant criminal history, and had no history of violence. Sadly, that has not been the case.In fact, many of the drug traffickers being released had armed themselves (one with 40 firearms); many…
↧
News Scan
Parolee Charged with Murder: A parolee who killed his girlfriend and father, and also critically wounded his sister, last week during a rampage in Riverside and San Bernardino counties was charged Tuesday with murder and attempted murder. My Valley News reports that 38-year-old Jason Lynn Barton, who has prior convictions for spousal abuse, use of illegal drugs and assault resulting in great bodily injury, shot his girlfriend Wednesday during an argument outside of a gas station, and then stole a running vehicle that he used to drive to where his father and sister were located, shooting them both multiple times in the street. Barton immediately fled the scene and drove to San Diego, where he was unaccounted for until Thursday morning after employees at a restaurant alerted authorities when they saw Barton come in possessing a firearm. A brief confrontation ensued when police arrived, but Barton eventually surrendered and was arrested. Along with…
↧
Lyon et al. on Confessions by Children
Thomas D. Lyon , Lindsay Erin Wandrey , Elizabeth C. Ahern , Robyn Carbone Licht , Megan Simand Jodi Quas (University of Southern California - Gould School of Law , University of California, Irvine , University of Cambridge , University...
↧
↧
Three of 2015’s Craziest DUI Stories
Every year, crazy driving under the influence stories go viral because of their shock value. As the year draws to a close, some pretty interesting stories come to mind. Here are three of the craziest DUI stories 2015 has to offer: 1. A young woman uses Periscope to live stream DUI driving. We covered this ridiculous incident shortly after it happened. 23-year-old Whitney Beall made national headlines when she live-streamed herself driving DUI in Lakeland, Florida, in October. Police officers learned about the incident when social media users contacted them with the details. The woman said she was driving DUI repeatedly on the live-streaming app before officers finally located and arrested her. Social media is not the place to broadcast any illegal behaviors, but her live stream that night may have saved her life and the lives of others. 2. Another young woman remains belligerent after deadly DUI crash. A 21-year-old college student, Jeena…
↧
50 Ways You Changed Lives in 2015
In 2015, millions of Amnesty supporters like you pushed decision-makers to make change happen worldwide. You helped to release journalists and activists. Change discriminatory laws. Compensate victims of corporate crime. Pardon survivors of torture. And so much more. As governments continued to crack down on dissent and free speech, your pressure was critical to protect people’s human rights. The list below is just a snapshot of some of the many success stories and bits of good news that you made happen in 2015. Thank you for all your support – together, we are standing up for people risking everything to speak out. Campaigning against Shell. © Ralf Rebmann / Amnesty International 1. NIGERIA: SHELL PAID OUT OVER NIGER DELTA OIL SPILLS In January, after years of pressure from Amnesty and its supporters, Shell’s Nigerian subsidiary announced a £55m settlement to 15,600 farmers and fishermen in Bodo, Nigeria, whose lives were devastated…
↧
Fatality crash on I-84 at milepost 28, in Caldwell
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: 12/30/2015 3:07 p.m. Please direct questions to the District Office On Wednesday, December 30, 2015 at approximately 9:41 a.m., the Idaho State Police investigated a fatality crash eastbound I-84 at milepost 28 in Caldwell. Guy Isaac, 57, of Nampa, was eastbound on I-84 at milepost 28 in a 2006 Chevrolet Silverado. Part of the cargo in the back of the pickup fell out, landing in both lanes of travel. Isaac stopped the Silverado on the right shoulder and began removing debris from the roadway. The debris began causing traffic to back up in both lanes of travel. Heather Lott, 36, of Caldwell, was eastbound on I-84 in a 2010 Ford Edge in the left lane of travel. Lott saw…
↧
The "Ferguson Effect" Is Real
For those of you who would rather watch Heather Mac Donald than read her, Mary Kissel of WSJ has this video interview.
↧
↧
//blawgsearch75.rssing.com/chan-6519914/article15910-live.html
Styers v. Ryan, No. 12-16952 (12-3015)(Bea with Farris and Kozinski)(Note: The Az FPD represents a co-defendant). The 9th affirms the denial of petitioner's motion for a Ring resentencing. The 9th had previously granted a conditional writ to the Arizona Supreme Court due to Eddings error. (If this sounds familiar, Eddings and the Arizona Supreme Court was the focus of yesterday's en banc decision in McKinney v. Ryan, No. 09-99018 (9th Cir. Dec. 29, 2015)(en banc).Here, when the 9th granted the conditional writ, the Attorney General moved the Arizona Supreme Court to reweigh. The court did. This case involved the murder of a young boy. In weighing the mitigation of PTSD, the court found concluded that since the PTSD had no casual nexus to the offense, it had very little weight and would not alter the death sentence. The 9th also held that the petitioner was not entitled to a Ring jury resentencing. The 9th used AEDPA deference…
↧
Drunk on NYE? AAA Offers Free Tows in Florida Through New Year’s
If you have had one too many drinks and can’t drive home New Year’s Eve or New Year’s Day, AAA will give you and your car a ride home. Through its “Tow to Go” program, which is geared towards limiting the number of drunken drivers on the road by providing free lifts on a tow truck, the company is offering free rides throughout Florida through New Year’s Day. “Tow to Go is basically a safety net or a last resort for people who don’t have a plan in place when they are away from their home and celebrating,” said Tow to Go program spokesman Matt Nasworthy. Those who may need a lift do not have to be AAA members, but the service is offered on the availability of AAA drivers and tow trucks. If you need a ride, the service is confidential and a tow truck driver will take you to a safe location within a 10-mile radius of your location. The rides are intended to be a last resort for people who do not have a safe way to get home. AAA…
↧
Don’t Get Arrested for Using Fireworks in Florida On NYE
The new year is quickly approaching, and thousands of Floridians have made plans or are starting to think about how to say goodbye to 2015 and ring in 2016. But before you solidify your New Year’s Eve plans, fire officials have some tips for residents and visitors when it comes to fireworks. “Anything that is projectile or leaves the ground is illegal in the State of Florida. Basically your safest bet is with a sparkler,” said Natalie McQueen, a Firefighter and Paramedic for the Panama City Beach Fire Department. Even though sparklers are allowed in the Sunshine State, residents and visitors still need to exercise caution when using them. Younger children should never light or handle sparklers. Parents should maintain a close watch on kids at all times if sparklers are going to be used. Burns are very common to the hands and face since sparklers do have flickers that come off once they are lit. If you are using sparklers, after you are done with them, fire…
↧
Marin County Probation Searches of DUI Defendants
On December 18, 22015, the Marin County Probation Department conducted several unannounced probation searches on residences of probationers with long histories of drunk driving. Of the 25 searches conducted officers found only one person in violation of court orders. Probation officers, acting as part of National Impaired Driving Prevention Month, along with officers from the Novato Police Department, searched homes in unincorporated areas of Marin, Novato, San Rafael, Fairfax, San Anselmo and Sausalito. Oe Probation Officer said the searches were based in part on whether the DUI probationers were considered to be dangerous to the community should they drink alcohol and have access to a vehicle. If a person is convicted of a multiple offense DUI in Marin County they could be placed on probation with terms that they not consume or possess alcohol. In addition, any DUI arrest can result in the administrative…
↧
↧
MN Court of Appeals Again Rules Refusal Law Unconstitutional
The landscape of Minnesota DWI laws has been shifting in 2015. It all started back in October, when the Minnesota Court of Appeals made a ruling in State of Minnesota v. Trahan. In Trahan, the court of appeals ruled that the State cannot charge an individual with refusal of a blood test for which there is no warrant. The court reasoned that to do so would be a violation of an individual’s fundamental right to be free from unconstitutional searches. As a result of the Minnesota Court of … [Read more...] The post MN Court of Appeals Again Rules Refusal Law Unconstitutional appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
↧
//blawgsearch75.rssing.com/chan-6519914/article15915-live.html
United States v. Navarrette-Aguilar, No. 14-30056 (12-28-15)(Paez with Fisher and Ikuta). The 9th affirmed in part and reversed in part a convictions for heroin trafficking. The reversals related to findings that more than one kilogram of heroin was distributed. There was insufficient evidence to support such a finding; and the district court erred in finding that the conspiracy would have eventually distributed a kilo. This was speculation. The finding was for an element, not sentencing, and therefore reversal was in order. There was no abuse of discretion in allowing the prosecutor to impeach a defense witness (defendant's sister) with the defendant's prior convictions when she, the witness, opened the door by saying she "knew her brother" was not involved in drugs. Any error moreover was harmless.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2015/12/28/14-30056.pdfMcDaniels v. Kirkland, No.…
↧
Merry New Years Eve Open Thread
TalkLeft was down from yesterday until just now. The hosting Company in New York had a problem, moved the site to new hardware, and then could not establish network connectivity until just now. Hopefully it's all fixed. A big thanks to our... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
The IRS and Individual Income Taxes
Every April 15, individual income taxes are filed and reviewed by the Internal Revenue Service. The IRS will either agree with what you’ve filed on your 1040 tax return and issue a refund OR the IRS will not agree with the information provided on your filed tax return and send a notice to provide documentation to support your return or that you owe the Government money. If you receive a letter or a notice from the IRS, it should not be ignored. A phone call to the right attorney should be made. It is important to have the right attorney when dealing with tax controversy issues as the Internal Revenue Service is not an agency that should be taken lightly. The IRS has an extensive amount of power and so there are certain ways one should approach the IRS. For instance, if you receive a notice from the IRS for issues with your tax return, there are many serious consequences that can occur if you do not take any action. Many do not realize that…
↧
↧
Auto Brewery Syndrome DUI Defense
A DUI defense I have raised, albeit rarely, pertains to the “Auto Brewery Syndrome” or, as is referred to by the medical community, “Bladder Beer” and “Gut Fermentation Syndrome”. The DUI criminal defense attorney thereafter argues to the prosecutor and to the court that the defendant’s body gets drunk even if they didn’t drink alcohol. This defense comes to light after an officer stops a driver with this condition and charges them with a DUI and the driver truthfully denies drinking alcohol or has had very little alcohol to drink but registers a high blood alcohol concentration (BAC). This syndrome is a rare (very rare) medical condition in which yeast (such as candida) inside the digestive system ferments carbohydrates and generates enough alcohol to cause intoxication. The effects of the syndrome can have a serious effect on the everyday life of the person with the disease because the symptoms are very similar to that of a…
↧
Bill Cosby Charged in Philadelphia for Sexual Assault
Source: cnn.com On Wednesday, December 30, 2015, the Montgomery County District Attorney in Pennsylvania, filed the sexual assault charges against Bill Cosby, famous TV and movie personality, just short of twelve years after the incident allegedly occurred. Filed just months before tolling under the statute of limitations set by Pennsylvania law, the charges will, arguably, survive that defense. Vowing to fight the “unjustified” charges Bill Cosby through his attorney announced that he will mount a vigorous defense to the charge that he sexually assaulted a woman he was mentoring in 2004. The newly re-opened case was and is based on a civil deposition of Mr. Cosby. The statement made by Mr. Cosby, is that Mr. Cosby admitted to using psychotropic and mood altering substances on women with whom he wanted to have sexual relations. The statement did not indicate that he had given those substances to the purported “victim” in the…
↧
Why Violating Probation Terms is a Bad Idea – U.S. v. Padgett
Probation and supervised release are very attractive alternatives to incarceration for a person who has been convicted of a crime. In addition to being able to stay out of prison, these types of criminal penalties allow you to work while carrying out your sentence and often to live with and maintain a closer relationship with family. It’s important to remember that probation and supervised release often come with very strict terms, however. As a recent case out of the U.S Court of Appeals for the Fourth Circuit shows, a person who violates those terms is likely headed to jail. Mr. Padgett was convicted on two counts of cocaine-related conspiracy in 1998. He was again charged and convicted on a criminal offense 11 years later, this time for allegedly attempting to escape custody. He was eventually sentenced to supervised release, but that release was revoked on two separate occasions. Padgett was resentenced to more than a decade behind bars after a court found…
↧
More Pages to Explore .....
