If you have a criminal record, your life maybe affected in many ways. For example, you may find it hard to get a job or find an apartment. For a young person with a criminal record, it may be hard to get into college. State and federal laws may also prescribe other consequences if you have a criminal record. In Iowa, your criminal records are generally open to public. Any person, including an employer, landlord, admissions committee, etc., can get information about your criminal convictions. Most employers actually conduct background checks and will obtain your record. These online criminal records are not perfect, however. In general, the records are hard to navigate and may not accurately reflect whether a person was found guilty, pleaded guilty or was acquitted. For example, for an individual charged with burglary but acquitted at trial, it is very easy to find the burglary charge. It is a much more difficult proposition to find in the online records that the individual was…
How to Expunge a Criminal Record in Iowa?
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Should a DUI Prevent You from Owning a Gun
Lawmakers in Indiana are considering whether their state’s application to own a gun license should include a question about whether the applicant has been convicted of misdemeanor driving under the influence. Currently, the application used by Indiana State Police to grant licenses to carry a gun asks whether the applicant has previously been convicted of a DUI. Indiana Senate Bill 36, written by Sen. James Tomes, R-Wadesville, seeks to remove that question. "All I was trying to do was just get the State Police to remove those words, ‘Including DUI? Not changing anything else," said Tomes. "State Police can still do these checks on handgun applications. Anybody in the system is gonna get pulled up. You’ve got domestic violence. You’ve got DUIs to the point where you’ve got a felony. You’re through." Other who agreed with Tomes believed that misdemeanors should not be grounds for automatically refusing a permit, only…
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The State of the Democratic Race: You Be the Media
(Note: I'm still proof-reading this for typos and formatting errors. I wrote it in a room without light and can only edit online, so I suggest your read it when this note is removed.) Update: this will have to wait for a while as I just read Glenn... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Remembering Criminal Justice Reform on Martin Luther King Day
Martin Luther King gave his "I Have A Dream" speech in August 1963. Very regrettably, it took the country a full generation to embrace one of the most beneficial programs for African Americans in its history -- the adoption of criminal justice reform. In the late 1980's and for the next few years, the federal government, with many of the states following suit, adopted determinate sentencing. Decades of unlimited discretion exercised by (mostly white) judges was out; rule-based sentencing was in. Focusing on the offender, black or white, was out; focusing on the offense was in. Determinate sentencing theory was not the only innovation that took root at about that time. So did hiring more police and requiring more proactive policing. For years, calls in the black community for more action against the crime that was ravaging it went unheeded, as the white majority looked the other way. All that started to change.A generation…
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Broadhurst et al. on Recidivism by Homicide Offenders
Roderic Broadhurst , Ross Maller , Max Maller and Brigitte Bouhours (Australian National University (ANU) , Australian National University (ANU) - School of Finance and Applied Statistics , University of Western Australia - Faculty of Law and Australian National University...
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Reversal for Prosecutorial Misconduct Seems Preferable to Reversal for Ineffective Assistance of Counsel
Last week's post discussed People v Jones (2015 NY Slip Op 09773), in which the Appellate Division, Fourth Department, reversed a conviction in the interest of justice due to numerous acts of prosecutorial misconduct in summation which were egregious, but largely unpreserved by timely objection. That is obviously a great result for Mr. Jones and his appellate attorney (good work, Catherine Josh). And it allows trial counsel to join in celebrating the client's reversal.But defense counsel who fail to object to prejudicial misconduct in summation risk other results. The worst possibility is that the appellate court might decline to exercise its discretionary jurisdiction to reverse in the interest of justice on an issue that might have merited reversal if the error had been preserved for review as a matter of law. There is another possibility in which the defendant is granted a new trial and appellate counsel might be happy with the results, but in…
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CM/ECF (Electronic Filing) in the Central District of Illinois Federal Court
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Central District of Illinois Federal Court. The CM/ECF electronic filing system for the Central District of Illinois Federal Court can be accessed at https://ecf.ilcd.uscourts.gov/cgi-bin/login.pl A related system named PACER, which stands for Public Access to Court Electronic Records, allows for read-only access to some court documents. PACER can be accessed at https://www.pacer.gov/
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City of Seattle Buffer Law
Last week the City of Seattle instituted a new policy regarding the 1000 foot buffer rule for marijuana businesses. These changes help, and hurt, those in the industry depending on what type of license is held. Here are the final conditions: For Any 502 business/license: 1000 feet from any elementary school, secondary school, or playground…
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An Update on the Law Concerning Campus Sexual Assault
Over a year ago, I published a blog post describing the unfair processes used by many schools to deal with complaints of sexual assault and harassment, and compared it to the criminal justice system. As I wrote then, the Department of Education (DOE) Office of Civil Rights (OCR) has placed enormous pressure on colleges and universities under Title IX to take swift and decisive action against students accused of sexual assault, even though the stacked procedures and low standard of proof make it likely that many innocent students are being punished (often, suspended or expelled), with substantial damage to their reputations and future careers. What has changed since then? For the most part, not very much. A different bureau of DOE, separate from OCR, did issue some regulations following amendments to the Clery Act and the Violence Against Women Act. The most noticeable impact of the regulations is that now, in cases involving sexual assault (but not necessarily misconduct short…
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Attorney Gigstad to Attend National College for DUI Defense Winter Session
At Gigstad Law Office, LLC, our firm continually strives to stay at the cutting edge of the criminal and DUI defense practice areas. To further our capabilities in the DUI defense arena, we are proud to announce that Attorney Robert Gigstad will be attending the National College for DUI Defense's Winter Session: Cannabis and Cars - What You Need to Know to Defend A Marijuana DUI Case. The National College for DUI Defense (NCDD) is a professional, non-profit corporation committed to bestowing our legal community with the knowledge and resources it needs to best defend the rights of suspected drunk drivers. According to its website, the NCDD's mission is to provide "the finest advanced-level training available to the DUI Defense Law practitioner." Its educational sessions are attended by lawyers from all over the country looking to advance their understanding of this highly-scientific and always-evolving practice area. The 2016 Winter Session will take place…
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Addressing Adulterated Food Risk
As we enter 2016, adulterated food-related investigations are leading the headlines—and should be leading companies in the food and beverage industry to ask what they can do to prevent and prepare for a potential outbreak on their watch or in their supply chain. From ice cream to eggs, and melons to Mexican food, a recent spate of significant adulterated food outbreaks and related criminal investigations and prosecutions have highlighted the need for companies at every step of the nation’s food supply to be increasingly vigilant in identifying and mitigating risks relating to food-borne illness. The Federal Food, Drug & Cosmetic Act (“FD&C Act”) prohibits numerous acts, including introducing or receiving food in interstate commerce that is adulterated or misbranded. Depending on the nature of the violation, the FD&C Act provides for criminal prosecutions, including for misdemeanors (for first time, unintentional violations) and felonies (for…
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Former AG Michael Mukasey and other former DOJ leaders urge Senate to move forward with vote on sentencing and corrections reform
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Steven Avery’s Former Attorney Speaks Out
Keith Findley, co-director of the Wisconsin Innocence Project, penned an op-ed for the Washington Post regarding the immensely popular Netflix series “Making a Murderer.” Findley, who represented Steven Avery in his post-conviction appeal of the rape of Penny Beerntsen for which he was exonerated in 2005, said it’s impossible to know solely from a documentary series whether or not Avery and his nephew Brendan Dassey are innocent of the subsequent murder of Teresa Halbach. He notes however that the “injustices the series suggest are hardly unique.” “The enduring takeaway ought to be the recognition that the criminal justice system, as a human system, is inevitably flawed,” Findley writes. “It does sometimes send innocent people to prison. And while most police, prosecutors, defense lawyers and judges are good, honest people who do their best to achieve justice, they do sometimes fail and even, on occasion, cross the…
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Case Law Update (State v Gradt)
State v. Gradt: The Court reversed and dismissed with prejudice Mr. Gradt’s conviction to possession of 40 grams or less of marijuana, finding that Initiative 502, legalizing the possession of small amounts of marijuana by persons over 21 years of age, should be applied to marijuana possession charges pending at the time that it became…
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Jaw and Facial Injuries from a Car Accident
Suffering physical trauma to the face or jaw after a car accident is not only painful and frightening, but extremely difficult to cope with. Our face is the first thing people see when they look at us. If a victim sustains major lacerations, scarring, deformations, etc. on such a conspicuous place, it can greatly impact her self-confidence and overall happiness in life.If you or your loved one suffered facial or jaw injuries in a car accident, have a lawyer review your claim before agreeing to a settlement. These types of claims are sensitive in nature and if handled correctly, victims can recover a substantial amount of damages. To speak to a car accident lawyer in Pennsylvania, contact Saile & Saile at 215-486-8196.What are some common types of facial and jaw injuries?Facial and jaw injuries are not uncommon. Roughly three million people sustain major facial or jaw injuries each year, and car accidents are the second leading cause (assaults are the leading), according to…
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CM/ECF (Electronic Filing) in the Sourthern District of Illinois Federal Court
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Southern District of Illinois Federal Court. The CM/ECF electronic filing system for the Southern District of Illinois Federal Court can be accessed at https://ecf.ilsd.uscourts.gov/cgi-bin/login.pl A related system named PACER, which stands for Public Access to Court Electronic Records, allows for read-only access to some court documents. PACER can be accessed at https://www.pacer.gov/
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probation and drug use
DEATH BY DRUG OVERDOSE In 2014, 125 Americans died every day from drug overdoses. According to an article published in the New York Times, these deaths are being fueled by an “explosion in addiction to prescription painkillers and heroin.” The death toll is being compared to the HIV epidemic of the late 1980’s. ARRESTS FOR DRUG POSSESSION The increase in drug use has also lead to more people being arrested and charged with drug possession. This raises an important question: How should the criminal justice system deal with a defendant who is dealing with substance abuse? BEXAR COUNTY PROBATION LOCATED 207 NORTH COMAL, SAN ANTONIO, TEXAS 78207.Bexar County probation has several programs for people with substance abuse issues. This includes Felony Drug Court, Substance Abuse Felony Treatment Facility (SAFPF), and other programs. The goal of these conditions is to provide a defendant with treatment (rehab) so that person does not re-offend or relapse into drug…
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Repairing the Impaired: DC’s Ignition Interlock Device Program
As previously discussed, if you are arrested in the District of Columbia for a DUI, the DMV will most likely suspend or revoke your license for a period of 6 months to 2 years depending on various factors. However, the DC DMV offe rs an Ignition Interlock Device Program (IIDP) allows DUI and DWI offenders to get their driving privileges back faster. An ignition interlock device is a breathalyzer connected to a car’s ignition system. To start the car, the driver must first blow into the device to check the alcohol level on his or her breath. The car will only start if the driver’s breath alcohol level is below an accepted amount on the device. While the device itself may be a bit burdensome on a driver or a somewhat unsightly in your vehicle, DC’s IIDP gives DUI offenders a chance to reduce the suspension or revocation period on their license. What this means is that if your license is suspended because of a DC DUI and you participate in the program,…
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ISIS vs. the Taliban
ISIS accuses the Taliban of heroin trafficking in Issue 15 of Dabiq Magazine, released today. The following quote is from an interview with Shaykh Hāfidh Saīd Khān (hafidhahullāh), ISIS' Wali (governor) of the Wilayat... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Weitzer on American Policing Under Fire
Ronald Weitzer (George Washington University - Department of Sociology) has posted American Policing Under Fire: Conflict & Reform (Society, Vol. 52 (2015): 475-480) on SSRN. Here is the abstract: A cluster of recent police killings of African American men has...
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