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[VIDEO] Can you skip VASAP?

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Can you put off VASAP or skip it all together? Contact me today about your VA DUI/DWI case. Video Transcription Can you skip VASAP? Hi, I’m Andrew Flusche, your Virginia DUI attorney. A lot of people are trying to figure out if you are charged with a DUI, are you going to have to do the VASAP class? That stands for the Virginia Alcohol Safety Action Program. Unfortunately, if you’re convicted of a DUI or DWI in Virginia, VASAP is a requirement by law … To be sent to that class. Now, whether or not you have to do it immediately could depend. In a few rare and unique cases, sometimes the judge will basically order VASAP, but will not require that you do it as a condition of your suspended jail. Unfortunately, this typically happens in cases where the defendant is already incarcerated for some other reason, so you physically cannot do VASAP. Hopefully, that doesn’t apply to you. Another situation that you have is sometimes people who might be…

Crime in Minnesota – The Safest Cities in the State

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Even the smallest cities are affected by crime, but some areas experience much less than others. Most people believe crime is isolated to bigger cities, but when examined on a per person basis, some larger areas are in fact some of the safer communities. Whenever lists come out that rank Minnesota cities in an aspect of criminal law, we like to dive into the numbers and statistics. We’ve already shared which Minnesota cities give out the most speeding tickets and which Minnesota counties give out the most DUIs, but today we’re going to look at which cities in Minnesota experience the lowest crime rates. Crime in Minnesota To compile the report, SafeWise.com analyzed the most recent FBI Crime Report statistics along with available population data. In an effort to keep the reports as accurate as possible, any cities with a population of fewer than 5,000 people were not included in the report. So without further adieu, here’s a look at the 10 safest cities…

West Virginia Physician Pleads Guilty to Federal Illegal Prescribing and Health Care Fraud

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The number of prescribing cases filed in federal courts increases especially in areas that have been hit hard by prescription drug addiction.  Last month, on January 7, 2016, Jose Jorge Abbud Gordinho, M.D., of West Virginia, pleaded guilty in federal court to illegally prescribing the pain medication hydrocodone. Dr. Gordinho also pleaded guilty to defrauding Medicare and Medicaid by submitting materially false claims for medical services that were not medically necessary.United States District Judge Irene C. Berger set Dr. Gordinho’s sentencing for April 26, 2016, in Beckley. Dr. Gordinho faces up to 10 years in federal prison, a $1,250,000 fine, and restitution to Medicare and Medicaid. Additionally, as part of the plea agreement, he will permanently surrender his DEA Certificate of Registration, ensuring that he will no longer be permitted to prescribe controlled substances. The sentence will be determined by Judge Berger and will depend on numerous factors and…

Note To Democrats: Debate Policy, Not Character

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Kumbaya my Lord, kumbayaKumbaya my Lord, kumbayaKumbaya my Lord, kumbayaOh Lord, kumbaya   Someone's singing Lord, kumbayaSomeone's singing Lord, kumbayaSomeone's singing Lord, kumbayaOh Lord, kumbayah Etc. In 1980, the first presidential election in which I was eligible to vote, I couldn't abide Jimmy Carter's conservatism and voted for third-party candidate John Anderson.  In 1984, I supported Jesse Jackson for president, but I had learned my lesson, and when he lost the nomination to the remarkably uninspiring Walter Mondale, I campaigned hard for Mondale.  True, Ronald Reagan handily won both these elections, but the take away for me was that at the end of the day, no matter how you feel about the Democratic nominee, a Republican president is going to be disastrous for the economy (unless you are a corporation), for the environment (unless you live in a self-sustained eco-system), for civil rights and human…

Engel: “Good News for motorists” in Speed Camera Case

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“The good news for the motorists is that the judge already issued a ruling that the ordinance was unconstitutional,” attorney Josh Engel said. “We can proceed in the case as a class action and we can attempt to recover the money for all those motorists.” Engel made that observation after an Ohio Appeals Court  approved class action status on Monday for thousands of motorists fined for speeding in New Miami, a southwest Ohio village that issued about $1 million in citations from automatic camera enforcement. From the AP: Attorneys for the drivers plan to ask a judge to order New Miami to pay back more than $1 million collected in the less than two years the cameras operated in the village of some 2,200 people. A Butler County judge ruled in 2014 that they violated motorists’ rights to due process and ordered them shut off. * * * The state’s highest court has twice affirmed the authority of Ohio municipalities to use camera…

Lost

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The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By PF: I have recently been convicted of a sex crime and have decided to take the plea bargain of 18-36 months of probation and registry to the SOR. The crime was committed in a different state in which I am not a resident of and have been told by my lawyer that if I do not want to live in the state in which the crime was committed, that I should have an address of a new residence before... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Internal Revenue Service Criminal Investigation Case Nets $6 Million Dollars

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Source: irs.gov On January 27, 2016, the Department of Justice Office of Public Affairs issued a press release announcing its victory in a Virginia federal court where a gas station owner pleaded guilty to a charge of conspiracy to defraud the United States in what appears to be a renewed effort to prosecute tax evasion cases by the Internal Revenue Service (IRS). In this case, the defendant, Obayedul Hoque, owned a gas station and several Subway franchises in Alexandria and Arlington, Virginia, as well as in Washington, D.C. According to the criminal investigation division, the owner and co-conspirators, admitted to not depositing all of their gross receipts into the company accounts, and thus failed to report and pay taxes on a significant portion of their sales. From 2008 to 2013, the co-conspirators falsely reported the franchise’s sales at $14,377,696, although the true and correct sales for the franchise were $20,805,667. The defendant admitted that as a result…

Sexual Assault Case Settled in Florida

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Florida State University has settled a sexual assault claim with former student Erica Kinsman over allegations that she was raped by quarterback Jameis Winston in December 2012. Florida Sexual Assault Case Settled The settlement of the federal Title IX lawsuit comes a year after Kinsman initial filed her complaint in federal court. Title IX of the Education Amendments of 1972 is a federal civil rights law prohibiting discrimination on the basis of sex in any education program or activity that receives federal funding. Sex discrimination includes the following: sexual harassment, sexual battery, sexual assault, and rape that are “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” As part of the settlement, the university has agreed to pay Kinsman and her attorneys $950,000 – the largest sum that has ever been paid for a Title IX claim regarding indifference to a…

"Utah v. Strieff and the future of the exclusionary rule"

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Orin Kerr has this post at ScotusBlog previewing an upcoming oral argument. In part: Formally speaking, Utah v. Strieff considers the scope of the Fourth Amendment’s exclusionary rule when an illegal stop leads to the discovery of public information that...

How Does Minnesota Handle CDL Drunk Drivers?

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The legal blood-alcohol limit in Minnesota and across the United States is 0.08, but that only applies to your average Joe. For people who drive for a living or who are tasked with driving heavy machinery, the legal limit is usually much lower. These drivers are required to carry a commercial driver’s license, and because of their duties and the cargo they tow, they are held to a higher standard. Read on to learn more about how Minnesota views drunk driving in a commercial vehicle. What is a Commercial Vehicle? A commercial vehicle is used to transport people or property, but it also has some other characteristics. If the vehicle has any of the following features, it’s considered a commercial vehicle. It has a gross weight of more than 26,000 pounds. It’s a bus or a school bus. It’s a vehicle of any size that’s being used to transport hazardous materials. Anybody tasked with moving people or heavy/hazardous material is tasked with a larger…

All the Possible Sentences

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Let’s brainstorm all the possible sentences for a Prior Record Level I defendant convicted of two Class H felonies. I’ll go first, listing my thoughts roughly from most to least severe (from the defendant’s point of view). The defendant falls in the lone C/I/A cell on the felony sentencing grid. That means all dispositional options—community, intermediate, and active—are available to the court. Let’s assume there are no aggravating or mitigating factors, so the term of imprisonment (if any) will come from the presumptive range. Consecutive active sentences. The court may, in its discretion, run the defendant’s sentences consecutively. G.S. 15A-1340.15(a). The longest presumptive active sentence for each conviction would be 6–17 months. With consecutive 6–17 month sentences, the defendant would wind up with an aggregate sentence of 12–25 months (this video explains the statutory rule for aggregating felony sentences).…

ISP Requesting Assistance Locating Witnesses

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The Idaho State Police is asking for the public's assistance regarding a pedestrian collision which occurred on 2/2/16, just after 3:30 pm on East Selle Road one half of a mile east of US 95 in Bonner County, Idaho. Anyone who saw the crash, or any pedestrians on this portion of Selle Road prior to 3:30 pm, who have not already given a statement to law enforcement, are asked to call 208-772-6055. The Idaho State Police would like to thank those citizens who remained on scene and rendered aid to the pedestrian.

Cosby Decision May Affect informal Dealmaking in Practice of Criminal Law

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The decision by a Philadelphia suburban trial court that a previous prosecutor's publicly announced promise not to be prosecute Bill Cosby was not enforceable has virtually no precedential value anywhere, but it may affect how prosecutors, defense lawyers, defendants and...

United States Supreme Court to Decide if Police Can Search Your Cell Phone Without a Warrant

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When a person in Florida gets arrested for a crime, the police are generally permitted to search him/her. This is considered a search incident to an arrest, and it allows the police officer to search the suspect to make sure the suspect does not possess anything that could harm the police officer as the suspect is placed in the police car, driven to jail and booked into the jail. The police can also search the person for evidence of the crime if the officer has a reasonable basis to believe the suspect has evidence of the crime or any weapon that could put the officer's safety at risk. Does this authorization to search a suspect incident to an arrest extend to all of the suspect's possessions? The law used to allow a police officer to search a person's vehicle if the suspect is arrested in or at his/her vehicle. This kind of search really did not comport with the logic behind a search incident to an arrest. Once a person is arrested, handcuffed and placed…

WE'RE NUMBER 1

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 149 people were found to be falsely convicted and their convictions vacated in 2015. 40% of those were in murder cases. The average prison sentence for these innocent people was fourteen years. Again we say, lets go behind the numbers. These were cases of people in prison actively investigated. How about people who weren't imprisoned or who were released?  The number will be much higher. It is our assumption here that most of those cases involved wrongful identifications, because as we who are in the business all know, personal identifications are some of the worst, most unreliable evidence there is. How many more innocent people have to suffer until we fix a broken system? Here is the NY Times article. In the REGJB Thursday morning, convicted killer Michael Hernandez, who as a juvenile killed a classmate, was back for re-sentencing under the new Supreme Court rules that most juveniles should not be sentenced to life, and all of…

Super Bowl Ad Features Dads and Daughters

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Who could have imagined that an ivory tower academic scholar could influence a major corporation to produce a television ad that relied on her research about the relationship between dads and daughters? That’s what hair product company Pantene has done as they debut their Super Bowl ads this weekend, giving due credit to Dr. Linda Nielsen, a leader and expert in parenting issues. Their tag line? “Girls who spend quality time with their fathers grow up to be stronger women”. The “Strong is Beautiful” campaign is a fusion of pop culture and cutting edge research that shows that fathers can do anything moms can do and their influence is pivotal to the successful development of their daughters. The ads feature Dallas Cowboy’s Jason Witten, Pittsburgh Steeler’s DeAngelo Williams, and Benjamin Watson of the New Orleans Saints, each of them creating hairstyles for their cute-as-a-button offspring. The dichotomy of these big guys gently…

News Scan

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Death Penalty Sought Against CA Baby Killer:  The district attorney for Santa Clara County is seeking the death penalty against a San Jose man.  Tracey Kaplan of the San Jose Mercury News reports that District Attorney Jeff Rosen will seek the death penalty against 42-year-old Alejandro Benitez, charged with murder in the commission of a dangerous felony, stemming from forcing a 16-month-old boy into a sex act "so brutal that it tore up his lips and throat before suffocating him."  Benitez has pleaded not guilty, and his lawyer argues that because of a recent National Registry of Exonerations report showing that five inmates sentenced to death were exonerated last year -- though none of them were in California -- means that Rosen's decision "validates a deeply flawed system."  Other death penalty opponents argue that the extra costs incurred from a death penalty trial is reason enough to ban capital punishment and not seek it against…

The Best Thing About ‘Making A Murderer’

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This isn’t an article about whether the two men featured in the documentary, ‘Making a Murderer’ are guilty or innocent. While I do have strong feelings concerning the handling of the criminal cases of both Steven Avery and his Nephew Brendan Dassey, I would prefer to focus on something different. In this article, I’m choosing to focus on something very positive that came from the documentary. One thing that the documentary featured was how Steven Avery was convicted of rape, in spite of his innocence. Examples of these miscarriages of justice happen too frequently and often fail to get the media attention that they deserve. How often? Well, in a report just released, a record breaking number of convicted felons were exonerated in 2015. Most were serving significant prison time for crimes that they had nothing to do with. According to the report, created by the National Registry of Exonerations at the University of Michigan Law School, 149…

Crash in Nampa injures driver.

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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: 2/4/16 - 2:00 p.m. Please direct questions to the District Office On Thursday, February 4, 2016, at approximately 10:25 a.m., Idaho State Police investigated an injury crash in the 400 block of Caldwell Boulevard, in Nampa. Osbaldo Gonzalez, age 36, of Caldwell, was driving a 1991 Buick Park Avenue eastbound on Caldwell Boulevard. Thu Tran, age 28, of Nampa, was driving westbound in a 2002 Lexus sedan. As Gonzalez was turning left into a business at 408 Caldwell Boulevard, he failed to yield to oncoming traffic and collided with Tran's vehicle. Tran lost control of her vehicle, ran off the road, and struck multiple unoccupied vehicles in a car dealership parking…
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