The crime of Unlawful Transportation of Hazardous Waste is defined in Iowa by Iowa Code Section 716B.3 as shown below: 1. A person commits the offense of unlawful transportation of hazardous waste when the person knowingly or with reason to know, transports or causes to be transported any hazardous waste to any location other than a facility that is authorized to receive, treat, store, or dispose of the hazardous waste under rules adopted pursuant to the federal Resource Conservation and Recovery … Continued
Unlawful Transportation of Hazardous Waste Charges in Iowa
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Understand Exactly what is happening to you - Free consultation lawyers in NJ
The attorneys of IMGLegalGroup.com offer a free case evaluation and criminal legal defense consultation. You will get a chance to learn about your defense options, what is likely to happen to you if you plead guilty or are found guilty, and what your chances are of beating the case at trial, or getting the charges dismissed or reduced. The first thing you need to do is get informed. You want to understand exactly what is happening to you, what the possible penalties are, and what you can do
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New Year Starts With Unusual DUI Arrests
While city police officers were tackling the typical arrests for DUI in Los Angeles, law enforcement officers in other states were coping with some more atypical incidents. In Tucson, Arizona, a woman who gained national fame for wearing a colander on her head in her driver’s license picture is getting a bit more (probably unwanted) attention. According to the Arizona Daily Star website, Jessica “Asia” Steinhauser had traveled by car to the offices of her local school district with her 10-year-old daughter in the vehicle. It didn’t take the district staff long to figure out there was a problem; Steinhauser smelled like alcohol and passed out on the office sofa shortly after her arrival. Police arrived at the scene and arrested her. Steinhauser, a former porn star, wore the colander in her driver’s photo because she claimed to be a member of the Church of the Flying Spaghetti Monster—a Pastafarian. She said that the Constitution protected her…
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Judge Refuses Pleas in DUI Cases
Pity the poor judges who have to spend multiple hours in court each week hearing cases involving DUIs in Los Angeles. The stories they hear about deaths and destruction caused by people driving under the influence are often devastating. One judge in Laramie County, Wyoming, has had enough. A recent article in the online Wyoming Tribune Eagle reported that Judge Steven Sharpe is taking a hard line when it comes to plea deals for drivers accused of DUI. When faced with a repeat offender, he now won’t accept a deal unless it includes some jail time for the driver. In a case highlighted by the Tribune Eagle, Jeremy Shutt, now 28, had appeared before the judge last year on his fourth DUI charge in four years. Under Wyoming law, that would make Shutt’s latest arrest a felony, which meant incarceration time. Shutt’s attorney had negotiated a plea deal with the county: five years of probation, with three to five years in prison if Shutt failed to live up…
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Update on U.S. Supreme Court’s Ruling in Rodriguez v. United States Concerning Extension of Traffic Stops
Last April, the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), significantly limited the scope of a traffic stop. The officer in Rodriguez completed a traffic stop for driving on the shoulder of a highway after checking the vehicle registration and driver’s licenses of the driver and passenger, conducting a warrant check, returning all documents, and issuing the driver a warning ticket. The officer then asked the driver for consent to walk his drug dog around the vehicle, but the driver refused to give his consent. Nonetheless, the officer told the driver to turn off the ignition, leave the vehicle, and wait for a second officer. When the second officer arrived, the first officer walked his drug dog around the car, and the dog alerted to the presence of drugs. A search of the vehicle revealed methamphetamine. Seven to eight minutes had elapsed from the time the officer issued the written warning until the dog’s alert. The Court…
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Tratado de Extradición con la República Francesa: 1 de marzo de 2016 entra en vigor
El "Tratado de Extradición entre la República del Perú y la República Francesa", suscrito en Lima, el 21 de febrero del 2013, aprobado por Resolución Legislativa N° 30413 (el 08 de enero del 2016), y ratificado mediante Decreto Supremo N° 005-2016-RE (el 16 de enero del 2016), entrará en vigor el 01 de marzo del 2016.
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Will Hillary Get Indicted?
Three Justice Department veterans -- one at the top and two in the middle -- think so. I am one of those in the middle. The story is here.
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Delaware Death Penalty Repeal Defeated
I am told that the Delaware House of Representatives today voted down the death penalty repeal bill (SB 40), 16-23.I feel like it's the Battle of the Bulge in World War II. The enemy has made a hard thrust and gained some ground, but we have now stopped his advance, and a renewed push in the right direction is in the near future.
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ARRESTS MADE IN BROOKLINE SHOOTING AND STABBING CRIMINAL INVESTIGATION
It is a Boston violent story that is continuing to unfold. The ongoing criminal investigation apparently continues although law enforcement is already pointing fingers. Wednesday, three men were wounded in shootings and stabbings in Brookline’s Coolidge Corner. Brookline police say that the violence was related to a home invasion. Brookline Police Chief Daniel C. O’Leary explained that the incident began around 11:50 a.m. Wednesday when officers responded to a report a disturbance on St. Paul Street. When officers arrived, they say they found signs of a struggle in the stairs and hallway leading up to an apartment. One man, who was found with several gunshot wounds to the leg as well as a stab wound, was found and taken out of the apartment. Meanwhile, law enforcement received reports of two men found injured–one shot and stabbed, one stabbed multiple times–lying on the ground on Harvard Street. Witnesses had reported that the men either fell or were…
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Gur-Arye on Moral Panic and Criminal Justice
Miriam Gur-Arye (Hebrew University of Jerusalem - Faculty of Law) has posted The Impact of Moral Panic on the Criminal Justice System – Hit and Run Traffic Offenses as a Case Study (New Criminal Law Review (2016)) on SSRN. Here...
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If My BAC Was Under .08%, Do I Have A Strong Case In My New Jersey DWI?
A blood alcohol concentration below .08% won’t prevent you from being prosecuted for DWI in New Jersey, but it does give you a stronger case to rebut the allegation that you were driving while intoxicated. Most people don’t realize that there are two types of DWI cases in New Jersey. In the first, your breath or blood will be tested for alcohol, and a result higher than the statutory limit of .08% is considered proof of intoxication. In the second type of DWI prosecution, you can be convicted even if your BAC result was below the statutory limit, or wasn’t recorded at all. Based on the observations of police and any other evidence available, the state can allege that you displayed indications of intoxication while operating a vehicle, and prosecute you that way. It is harder for prosecutors to prove their case when chemical testing shows you had not been drinking excessively. An experienced New Jersey DWI defense attorney can present the strongest…
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Gutmann on The Political Economy of Death Penalty Abolition
Jerg Gutmann (University of Hamburg - Institute of Law and Economics) has posted Pulling Leviathan's Teeth – The Political Economy of Death Penalty Abolition on SSRN. Here is the abstract: It is not immediately apparent why a state would willingly...
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Will Bill Cosby Rape Trial Succeed? Part Two of Two
In my previous post on this subject, I wrote of how the only sex crime prosecution to date against Bill Cosby, may be ultimately derailed. The reason has to do with an agreement that the previous Montgomery County District Attorney, Bruce Castor, made with Cosby’s attorneys, over ten years ago. Then agreement promised not to prosecute Mr. Cosby for what is essentially the crime of indecent assault & battery in connection with allegations made by a woman named Andrea Constand. Mr. Castor says that he agreed not to prosecute Mr. Cosby, in order to increase Ms. Constand’s chances of prevailing in a civil suit against Mr. Cosby for damages relating to the alleged incident. In terms of legal procedure, it would work like this: If the DA had prosecuted Cosby in 2005, Cosby would have been entitled to claim his 5th Amendment privilege against self-incrimination, and refused to testify. Thus, without any witnesses but the alleged victim,…
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Your Guide to California’s New Police Laws
As of late 2015, California has two new laws regarding police shooting cases and police recordings. Both pieces of legislation were passed in light of the civil unrest and attention to police misconduct around the country. Here’s what you need to know: 1. It’s now illegal for the state to use secretive grand juries to indict police officers. In two high-profile cases in the country—Ferguson, MO and Staten Island, NY—people around the country were incensed to learn that the officers involved in fatal shootings wouldn’t be indicted for their actions. Ferguson in particular started a wave of suspicion in every state regarding police accountability. Many citizens feel sealed court proceedings create an unfair safety net for officers. This new law will prevent secretive grand jury proceedings from taking place in the state. Court records in cases of police misconduct will now be a matter of public record. Under the law, a prosecutor can decide to…
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News Roundup
The anti-government occupation of the Malheur National Wildlife Refuge appears to be winding down this week with The Oregonian reporting here that the “ragtag remnants” of the occupying group seem to be surrendering or leaving. The dissolution of the occupation follows the arrests earlier this week of the group’s leaders and the killing of the group’s de facto spokesman. In other news: Plea Deals of the Rich and Famous. The Charlotte Observer has a report this week about the behind-the-scenes maneuvering that resulted in a misdemeanor plea bargain for retired general and former CIA director David Petraeus. Petraeus faced federal criminal charges after a 2012 scandal where he was accused of providing classified information to and having an extramarital affair with his biographer. The report indicates that some people in government and law enforcement viewed Petraeus’s deal as unusually lenient while others saw…
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Facebook Tag results in Jail time on Restraining Order Violation
Facebook is frequently mentioned in Court cases involving violations of a 209A order in Massachusetts. Recently, I was in Marlborough District Court waiting for an OUI trial to be heard; in front of me were two trials regarding 209A violations allegedly involving Facebook posts. A case in New York illustrates how Facebook posts can lead to a violation of a restraining order. A New York woman was recently sentenced to one year in jail for violating an order of protection her ex-husband had gotten against her. Rafael Calderon had gotten an order of protection-otherwise known as a restraining order- against the defendant Maria Gonzalez, during their divorce settlement. After tagging her former sister-in-law in a derogatory Facebook post, the Westchester County Supreme Court ruled the communication as a violation of the protection order and upheld the second-degree criminal contempt charges against her. According to the New York Post, Gonzalez referred to…
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New Broward Mental Health Diversion Off to Start, But a Slow One
Following a scathing report criticizing treatment of mentally ill defendants who languish sometimes for years in the criminal justice system (and six times longer than a person with comparable charges in regular court , the Broward State Attorneys Office devised a partial solution: A mental health diversion program that would get people out of the criminal justice system. The idea, modeled after a program launched in Miami-Dade in 2008, focuses on treatment – rather than incarceration – for those who are mentally ill. Non-violent offenders without lengthy rap sheets who have been diagnosed with a severe mental illness would be vetted by the state attorneys office. Those accepted would receive housing support, therapy, medication management and other assistance. Those who successfully complete the program (in six months to a year) would be allowed to have the criminal charges dropped. It’s a start, critics say, but so far, the program has accepted just one…
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The History, and Worrying Contemporary Relevance, of Anti-Trust Law for Non-Traditional Worker Organization
Sanjukta Paul, The Enduring Ambiguities of Antitrust Liability for Worker Collective Action, 47 Loy. U. Chi. L.J. ___ (forthcoming 2016), available at SSRN. Joseph Slater As someone interested both in the history of workplace law and in modern forms of worker organization, but not especially well-versed in antitrust law, I was delighted to read, and learned a lot from, Sanjukta Paul’s excellent article. The piece starts with a troubling suggestion I have not seen seriously addressed elsewhere: antitrust law could be used against workers engaged in collective action if those workers are not traditional employees: e.g., against low-wage independent contractors. After showing this is a legitimate concern, Paul provides a rich description of the history of antitrust law (including but not limited to the “labor exemption”). She then makes a convincing argument that while current antitrust law could be applied to such collective action, it should…
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Elizabeth Warren And The New Fearmongering
While Michael Dukakis was stuck in a photo op with an ill-fitted helmet, the opposition trotted out Willie Horton. Fear kicked Dukakis’ butt, and George H.W. Bush became the nation’s 41st president. Fear works. But given that the usual tough-on-crime fearmongering of the past isn’t in vogue at the moment, with neither street crime nor terrorism playing well in Peoria, it’s tough to find a bogeyman scary enough to light a fire under the faithful and generate enough fear and loathing to make people give a damn. Enter Elizabeth Warren, Senator from Massachusetts and former Harvard prawf, as attack dog of the downtrodden. In a single year, in case after case, across many sectors of the economy, federal agencies caught big companies breaking the law — defrauding taxpayers, covering up deadly safety problems, even precipitating the financial collapse in 2008 — and let them off the hook with barely a slap on the wrist. Often, companies…
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Supreme Court Rules Juveniles Serving Life Sentences Have Right to Have Their Sentences Reviewed
Those convicted of crimes committed as a juvenile who are serving life sentences have the right to seek a review and reduction of those sentences, under a United States Supreme Court ruling that was issued on January 25, 2016. In Montgomery v. Louisiana, the Supreme Court took up a case in which a person who was convicted of a murder committed when he was 17 sought to have his life sentence reduced: Petitioner Montgomery was 17 years old in 1963, … Continued
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