Via Doug Berman (who characterizes the post as “notable,” which always makes me chuckle), former lawyer and former prisoner Jay Berman argues that it should be part of the criminal defense lawyer’s duty to prepare his client for prison. I was an attorney in Pennsylvania for over 30 years. I was also, more recently, a federal prisoner for almost five years. In 2007, I was charged with one count of mail fraud affecting a financial institution (Title 18 U.S.C. Section 1341). I pleaded guilty and served my sentence in five facilities of varying security classifications from June 2008 until April 2013. During the entire time I was incarcerated, I do not recall hearing of a single instance, my case included, where the defense lawyer provided any meaningful prison preparation or counseling for his or her client as part of the representation. Berman, following a well-worn path, emerged from prison and decided to become a “prison consultant.” Since…
How To Survive Prison
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Drugged Driving Suit Shows Boston Drivers The Real Risks of Getting Behind the Wheel Impaired
Drivers have become aware of dangers associated with drunk driving thanks to decades of education and advocacy by groups like Mothers Against Drunk Driving. Unfortunately, while the DUI death rate due to impaired drivers has gone down, the number of people who drive under the influence of drugs is rising. Driving while drugged is often just as dangerous (or more dangerous) and just as illegal as driving while under the influence of alcohol. Unfortunately, motorists underestimate the risks and aren’t aware of how impairing it can be to operate a motor vehicle after consuming prescription or non-prescription medications. As medical marijuana legalization moves through more states in the U.S. and as baby boomers age and prescription drug use becomes ever-more common, lawmakers are grappling with how to establish and enforce DUI laws for narcotics use. However, motorists need to make a commitment now to staying sober and not getting behind the wheel when…
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What to Do About Outstanding Arrest Warrants
Have you ever been involved in a case in which the defendant was convicted of a criminal charge, did his time, and then was served with an outstanding warrant even though the warrant was pending when he was convicted of the other charge? If the warrant had been served earlier, the defendant could have taken care all of his criminal business at once. Doing so would save the court time, allow the State to come up with an appropriate resolution of all the charges, and allow the defendant to coordinate his defense and, if convicted, seek concurrent sentences or a combination of active and probationary time. If resolved before a single court at the same time, the charges could be consolidated for judgment (G.S. 15A-1340.15(b)) and also would result in fewer prior record points (G.S. 15A-1340.14(d)). A little-noticed piece of legislation from 2015, S.L. 2015-48 (H 570), attempts to address the problem of unserved warrants. Effective October 1, 2015, the legislation directs law…
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Commercial Driver Stopped For Improper Passing Sees Dismissal Of Charge With Online Traffic Course
A young man in his mid-20s from West Jefferson, Ohio recently reached out to the Columbus criminal defense attorneys at Luftman, Heck & Associates. The local farmer was also a commercial driver but had recently been stopped for improper passing. Fearing he would lose his driving privileges and ultimately his commercial driving career, the man [...]The post Commercial Driver Stopped For Improper Passing Sees Dismissal Of Charge With Online Traffic Course appeared first on Columbus Criminal Attorney.
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John Gleeson, a member of my Sentencing Judges Hall of Fame, joins notable "teammates" in steeping down from federal bench
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Courts Have to Deal With Varying Meanings of Emoticons
We all know that like any writing, text messages are binding and admissible, and on numerous occasions, judges have made crucial decisions based on admitting text messages as evidence. Although text messages are not new, the law usually takes some time to catch up to technology. A fascinating recent case out of Michigan is once again requiring a court to interpret a new way that we communicate. Man Sues Based on Emoticon The case involves a Michigan law student who sent what appeared to be abusive and harassing text messages to a college student. The state prosecutor investigated the matter but refused to prosecute. Then, the student took the offensive, suing the school for harassment and claiming the investigation was without cause. The student claimed that his text message should never have been construed as harassing, because at the end of the messages, he included an emoticon that looked like “:-P,” a symbol that, according to the student, conveys sarcasm, or…
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"Reducing Crime Through Expungements"
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Hessick on Child Pornography Sentencing
Carissa Byrne Hessick (University of Utah - S.J. Quinney College of Law) has posted Child Pornography Sentencing in the Sixth Circuit (University of Daytona Law Review, Vol. 40, 2016, Forthcoming) on SSRN. Here is the abstract: This Symposium Essay explores...
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San Diego Court Cases in the News in 2016
We thought it would be appropriate to provide our readers with info on a few newsworthy cases to watch in 2016. Here are some of the issues you can expect to hear about as we move forward into the new year: Concealed carry permits. Questions still exist regarding who may legally carry a concealed weapon … Continue reading San Diego Court Cases in the News in 2016 → The post San Diego Court Cases in the News in 2016 appeared first on .
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Toward a Fair Jury Instructions for OUI Trials in Massachusetts
The model jury instructions govern how many judges will instruct a jury when a motorist is charged with OUI. It is remarkable that absent from the model instruction is anything saying that is not illegal to consume alcohol and drive in the Commonwealth. When I have asked for that instruction to be added, many judges will comply while some will indicate that the jury is told that at the start of the trial that is not illegal to consume alcohol and drive. A Fair Jury Instructions Requires the Jury to be told it is okay to consume alcohol and Drive This instruction should be included in the final charge to the jury. The jury is told that erratic driving is not necessary to convict for an OUI; they are also told that a motorist does not have to be fallen down drunk. Those instructions are geared toward the Commonwealth and are not necessary for the jury to understand the law. An instruction that someone can consume alcohol and drive a car is a fair instruction given the…
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What Big Data Means for the Fourth Amendment
Andrew G. Ferguson, Big Data and Predictive Reasonable Suspicion, 163 Univ. Penn. L. Rev. 327 (2015).Michael Rich, Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment, __ Univ. Penn. L. Rev. __ (forthcoming 2016), available at SSRN. Elizabeth Joh Hear the term “big data,” and the police are not likely to be the first word that comes to mind. Whether or not you are familiar with the term, the vast quantities of digitized information available today—and the data analytics that are applied to it—already shape your world. The movie recommended to you by Netflix, the date you chose on OkCupid, or the ad you saw on your Facebook feed are all the result of the pervasiveness of big data. That same big data revolution is coming to policing. The NYPD operates a “domain awareness system” that links license plate reader data, “smart” cameras, law enforcement databases, texts of 911 calls, and radiation sensors…
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Hitting Children: When Discipline Becomes Abuse
Discipline and Child Abuse Laws in Texas Texas has very clear and strict laws regarding child abuse of any kind. These laws state that it is a serious crime to cause serious mental or physical harm to be caused to a child by a parent or guardian. However, many parents still choose to use physical forms of discipline, including corporal punishment. Where is the line between discipline and child abuse? Although child abuse laws are clear, the way that these laws are applied on a case by case basis can be influenced by the facts of a particular case. Understanding more about the application of the law can make the distinction between abuse and discipline more clear. Discipline vs Child Abuse Texas does not have any laws that specifically prohibit parents from disciplining their children. This means that parents have the right to discipline their children as they see fit, as long as they do not commit acts of abuse. This means that parents are allowed to use physical forms of…
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Wisconsin architectural company pays $3 million in civil, criminal penalties to settle whistleblower’s case
On January 4, the Department of Justice announced that Novum Structures, LLC, had pleaded guilty and agreed to pay $2.5 million in civil damages to settle allegations, originally brought by a whistleblower, that the company had used foreign materials on federally-sponsored building projects. The company will also not contest debarment from federal contracting. According to DOJ’s press release: The Department of Justice announced today that Wisconsin-based Novum Structures LLC (Novum) has agreed to enter a guilty plea and pay $3 million to resolve its criminal and civil liability arising from its improper use of foreign materials on construction projects involving federal funds. This use was in violation of contractual provisions implementing various domestic preference statutes, often referred to colloquially as the “Buy America” requirements. Novum specializes in the design and construction of glass space frames often used in roofs and atrium…
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Tonry on Cost-Benefit Studies of Crime and Punishment
Michael Tonry (University of Minnesota - Twin Cities - School of Law) has posted The Fog Around Cost-Benefit Studies of Crime and Punishment May Finally Be Clearing: Prisoners and Their Kids Suffer Too (Criminology & Public Policy (Forthcoming)) on SSRN....
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Monadnock legislators propose variety bills for 2016
How we define "vigilantism," the correct way! 1-6-16 New Hampshire: Two constitutional amendments, prohibiting the use of flame throwers, establishing a registry of people convicted of heroin-related offenses, adding the production of hard cider to a brew pub license, and funding a statewide drug court program are among the bills Monadnock Region legislators have proposed for 2016. They’ve
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The Weakest Sex
The days when it was socially acceptable for a male to try to seduce a female into a sexual liaison are long past. It ended with a campaign of “no means no,” such that a woman who responded with a clear “no” had fulfilled her part of the social interaction to communicate, clearly and decisively, that she did not consent to sexual contact. Before those days, the social expectation was that a woman who wished not to be touched had to act to physically prevent the man from touching her. He could try, and she could push back. Even if she uttered words that made clear that she did not want to be touched, a physical manifestation was necessary. After all, the male could try his damndest to convince her otherwise, even to the point of lying through his teeth. That was the nature of “seduction” back then. It was an accepted part of the game played between a man who wanted to have sex and woman who may or may not. A woman might…
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San Bernadino: 18 Missing Minutes
The FBI cannot account for 18 minutes of Syed Farook and Tashfeen Malik's activities after the shootings at San Bernadino. Agents said Tuesday they have yet to figure out what the couple were doing for a critical chunk of time — 12:59... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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18 Wheeler Accident Attorneys Baltimore
Any vehicle accident is an unfortunate event but some of the worst involve 18 wheeler trucks. In fact, many terrible injuries and approximately 5,000 deaths occur from 18 wheeler accidents. If you or a loved one have been a victim of this, then you may have a case and should call our office today to discuss your claim. Call attorney Randolph Rice at 410.288.2900 to discuss your 18 wheeler accident. Unavoidable Causes of 18 Wheeler Accidents There are many components that can lead to 18 wheeler accidents. One big reason is that many times, the drivers cannot see in certain areas behind and beside their 18 wheelers. These blind spots can be very dangerous places to be when the driver is trying to change lanes and if they do not see you, it could result in an accident. Another big reason is because the vehicles may fail or their tires may blow out. These are unexpected but can still lead to terrible accidents. Avoidable Causes of 18 Wheeler Accidents – Call attorney…
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Making the case for a "20-Year Maximum for Prison Sentences"
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The Cell Phone, the Text Messages and Authentication
This post examines an opinion from the Court of Appeals of Georgia: Glispie v. State, 2015 WL 7306244 (2015). The court begins the opinion by explaining how, and why, the prosecution arose:In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3, 4–methylenedioxymethcathinone (methylone) (2 counts), obstruction of a law enforcement officer, fleeing and attempting to elude, failure to stop at a stop sign, and driving an unsafe and improperly equipped vehicle.He appeals from the denial of his motion for new trial, arguing that the trial court erred by denying his motion to exclude evidence of text messages purportedly extracted from a cell phone he possessed . . . and denying his motion to suppress drugs taken from his person during a search. . . .Glispie v. State, supra. In footnotes, the court cites Georgia Code §§…
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