Early Saturday morning February 13, 34-year-old Leticia Astacio was pulled over on Interstate 490 by New York State troopers. Astacio, who is a Rochester City Court judge, was arrested for drunken driving after she refused to take a breathalyzer test. News reports at Syracuse.com and CBS news revealed troopers were dispatched to an area near Mount Read Blvd. on I-490 at approximately 8 a.m. on Saturday when a one car accident was reported. It is believed the judge’s vehicle was the car in the accident, according to Trooper Chris Kowalski. Astacio was on her way to court to preside over criminal court arraignments when she was stopped. Following her DUI arrest, another judge was called in to replace her. Astacio was released with an appearance ticket, and is scheduled to appear in court on the misdemeanor DWI charge in March. The appearance ticket issued to Astacio was designated DWI with refusal. Anyone can be charged with driving under the influence, whether a factory…
Rochester Judge Pulled Over on Way to Court, Arrested for Drunken Driving
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In defence of the Crown: the case of Ghomeshi.
by Sean Robichaud The post In defence of the Crown: the case of Ghomeshi. appeared first on Robichaud's | Toronto Criminal Lawyers.
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The Long-Term Impact of Criminal Cases
Criminal cases have a habit of not going away quickly. Even after the arrest, the investigation, the trial, and either the acquittal or the conviction – even after the sentence has been served – the effects of a criminal case can still be felt. Whether it's an increased difficulty in getting a job because of a prior conviction, or subsequent lawsuits stemming from the arrest, criminal affairs hang around longer than a Maine winter. This week has provided two excellent examples of this problem. Both the Sandra Bland case and the issue surrounding the policing in Ferguson, Missouri have made their way back into the spotlight. Several Rulings Due in Sandra Bland's Case Sandra Bland was the black woman who was pulled over in Texas, allegedly for not using her blinker, violently arrested, and died in prison three days later. Her mother has sued the Texas Department of Public Safety, arresting officer Brian Encinia, the county, and two of the county's…
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The Importance of Bail Applications
Bail applications are hugely important parts of any criminal defense case even though ostensibly such motions have nothing to do with the case’s ultimate disposition. The most experienced and successful New York criminal defense attorneys will tell you that beyond the obvious goal of securing the client’s freedom pending trial, a bail motion can provide some insight into the prosecution’s theories and evidence which otherwise would not surface until much closer to trial. The more effort put into the written submission and oral argument before the court, therefore, the greater head start a defense lawyer will have in preparation for – and winning – the case at trial. Conditions for Release on Bail: Federal v. State Cases To begin, detention hearings in federal and state courts are informal proceedings, and the evidence presented is not governed by the rules of evidence. In federal bail motions, only in certain specific situations…
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Flava Flav Pleas No Contest to DUI
In recent news, Public Enemy hype man Flavor Flav was arrested for driving under the influence in Las Vegas. This arrest follows a string of other charges plaguing the Rock & Roll Hall-of-Famer including charges for marijuana-related DUI, speeding, open container, operating a vehicle without a valid permit, and battery. Considering the length of the rap legend’s rap sheet, you can imagine how quickly Flavor Flav said “Yeahhh Boiii” when the judge in the most recent case accepted his plea of no contest. In some states, when you are arrested for a crime, you have the option of pleading three different ways to the charges: not guilty, guilty, or no contest. Generally, the government will offer you some type of deal in order for you to plead guilty or no contest because it gives the government a chance to close your case quickly and secure an easy conviction. Flava Flav’s case illustrates an important point about handling a DUI or DWI in DC.…
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No charges for private school teacher with gun on St. Johns County campus
A private school teacher in St. Johns County will lose his job for bringing a gun onto the school campus, but will not face any criminal charges for the incident. The teacher was escorted off of campus and was placed on administrative leave before he chose to resign, according to a report in the Florida Times-Union. The teacher, who has a concealed weapons permit, did not threaten anyone and never pulled out the gun, the newspaper reported. Police and the school were alerted by an anonymous tip, the newspaper reported. Carrying a firearm on a school campus can be a third-degree felony, punishable by up to five years in state prison. In this St. Johns County Gun Crimes Case, the school did not want to pursue criminal charges in the case against the teacher. Police took the school’s opinion into consideration and did not arrest the teacher or send the case to prosecutors for review. Part of the decision in not to pursue the charges was that the man did not have any…
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New Law Would Raise Reckless Speed Threshold
There have been many attempts over the past few years to raise the reckless driving threshold above 80 mph. This year one bill has made it out of the Virginia Senate. If enacted, it would raise the magic number to 85 mph. The bill has one major flaw – it’s inconsistent. The first part of the statute for reckless by speed says that any speed 20 mph or more over the limit is reckless driving. The bill would amend the second part of the statute to say that any speed OVER 85 mph is reckless, regardless of the speed limit. In a 70 mph zone, this means you’re getting a reckless ticket for going 86 mph. But 85 and below is just speeding. But in a 65 mph zone, you get a reckless ticket for going 85 mph (20 over the limit). 85 is reckless in one zone, but not in another. That makes no sense. If the General Assembly wants to raise the reckless by speed threshold, they should at least make it consistent and easy to understand. In practice, this law won’t change…
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Legal Ethics and Social Media
The number of lawyers using Facebook, Twitter, LinkedIn and other social media networks grows daily. So too does the number of lawyers doing foolish and unethical things on those networks. In this post I highlight some of the more egregious social media missteps made by lawyers in recent years, in the hope that other lawyers won’t repeat them. Then I describe how the Rules of Professional Conduct apply to social media both generally and in specific contexts such as investigations, litigation, and client testimonials. The Stats The ABA’s annual Legal Technology report suggests that lots and lots of lawyers are on social media. The 2014 survey results included these stats: 96% of attorneys have a LinkedIn account 33% of lawyers have a presence on Facebook 10% of lawyers maintain a Twitter account 8% of lawyers maintain a legal blog For law firms, the figures are even higher: 52% on Facebook, 19% on Twitter, 24% with blogs. The Easily…
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NFL Bans Rookies With Violent Past From Scouting Combine
The NFL has endured a public relations nightmare over the past few seasons in terms of how they’ve handled some off field incidences, so it’s no surprise that they are trying to earn back some good publicity by taking a harsher stance against crime. Under a new rule, the NFL will no longer allow college athletes to attend the league’s rookie scouting combine if they have previously been convicted of domestic violence, a sexual assault or a weapons offense. The scouting combine, which begins in less than two weeks, is typically viewed as the first chance for draft-eligible players to showcase their skills to NFL teams after declaring their intentions to enter the NFL draft. The combine measures a variety of different athletic attributes, including 40-yard dash, high jump, three-cone drill and other quickness exercises, but it also allows teams to sit down with potential draft picks and ask them questions to see if they might be a good fit for the organization.…
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Law As Politics By Other Means
A perfect example of the wrong way to think of the Supreme Court comes to us from President Obama's former White House Counsel. Kathleen Hennessey and Mark Sherman report for AP:"The Supreme Court has not reflected where the American people have been on issues," said Gregory Craig, who served as White House counsel early in Obama's first term. "This is the first opportunity in many, many years to bring the court more in line with the American people."In this way of thinking, the Supreme Court is nothing but a third house of the legislative branch. It's job is to take the pulse of current public opinion and be "in line" with current views, declaring as a constitutional mandate whatever that current view is.That is not how it is supposed to work. Fundamental rules are written into the Constitution when they are agreed by a strong national consensus to be so fundamental as to place them beyond the short-term reach of…
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The Politics of Filling the SCOTUS Vacancy
One might think that, in deciding whom to nominate to the Supreme Court, the President -- any President -- would first consider such things as learning in the law, demonstrated devotion to the Constitution, intellectual heft, fair-mindedness, willingness to listen (one of the key and under-rated qualities of judging), modesty, non-partisanship (as, say, between the defense and the prosecution) and breadth of experience.One might think, yes, but one would be wrong.I got the wake-up call as to what the libertarian-leaning Left is actually thinking here, where the ever-insightful Prof. Doug Berman discusses three potential women nominees -- Judge Jane Kelly, Judge Jacqueline Nguyen, and Attorney General Loretta Lynch. It had not previously occurred to me that a person's anatomy, anymore than his skin color, was relevant to a Justice's task of doing what the law requires. But I am behind the times.As Doug explains (to a…
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Dismissal of Traffic Case For Out-Of-State CDL Driver
The Columbus criminal defense attorneys at Luftman, Heck & Associates often represent professional commercial drivers with significant traffic violations. Recently, a 45-year-old commercial driver, residing in Michigan, was passing through Columbus when he inadvertently drove through the city illegally with the hazardous material load of which he was carrying. The professional driver was looking at [...]The post Dismissal of Traffic Case For Out-Of-State CDL Driver appeared first on Columbus Criminal Attorney.
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News Scan
MS Officer Shot, Charges Filed: Following the weekend shooting of a Mississippi police officer, charges were filed Monday against the teenage suspect. Fox News reports that 19-year-old Johnny Robinson Jr. was charged with attempted murder and one count of armed robbery in the shooting of Clarksdale Cpl. Derrick Couch, who remains in the hospital in critical condition with a bullet lodged in his brain. The shooting occurred Saturday night, about four blocks away from a convenience store that Robinson robbed with another man, though police don't believe the other man was involved in Couch's shooting. Robinson was also charged with an October robbery of the same store. Couch, a pastor and father of five, has been a police officer for more than six years.Trial Begins for CA Serial Killer: Three decades after a Los Angeles serial killer's first victim was found dead in an alley, and nearly six years after his arrest, the man known…
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Where the Culture of Grievance and Entitlement Leads, Mugging Edition
Black lives did not matter when Wendell Callahan, a violent man and a drug dealer, was released early from federal prison and slit the throats of three African Americans, two little girls and their mother. But the slogan "Black Lives Matter" dominates much criminal law news. Whether they actually matter, except when useful to the Left, is a different question.Still, some people are paying attention. This story tells us how:A former Marine became the target of an alleged assault in a McDonald's Friday night, as a crowd of youths cornered him and demanded he answer the question, "do you believe black lives matter?" Before knocking him unconscious and robbing him.Christopher Marquez, a veteran of Iraq and recipient of the Bronze Star for valor, said he was dining at a McDonald's in northwest D.C. when a group of black teenagers came up to him and allegedly began harassing him about the black lives matter movement. Marquez ignored them…
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Richtlinie zur Luftreinhaltung auf Baustellen
Das Bundesamt für Umwelt (BAFU) hat die aus dem Jahre 2009 stammende Richtlinie zur Luftreinhaltung auf Baustellen (Baurichtlinie Luft) überarbeitet und ergänzt. Der Zweck der Baurichtlinie Luft besteht unter anderem darin, dass ein einheitlicher Vollzug der vorsorglichen Vorschriften zur Luftreinhaltung auf Baustellen gewährleistet wird.Die Baurichtlinie Luft konkretisiert die allgemein gehaltene Vorschrift in Anhang 2 Ziff. 88 der Luftreinhalte-Verordnung (LRV; SR 814.318.142.1). Sie zeigt den am Bau Beteiligten auf, wie im Rahmen der Bewilligungsverfahren die wichtigsten Kategorien von Baustellen aufgrund der vorgesehenen Bauarbeiten mit Emissionen zu beurteilen und welche vorsorglichen Massnahmen anzuordnen sind. Zudem beschreibt die Richtlinie die periodische Abgaswartung mit den entsprechenden Messverfahren von Baumaschinen im Betrieb.Urs Kunzhttp://www.lawblogswitzerland.ch
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Republicans Will Not Release Their Stranglehold On The Supreme Court (Ever) Without A Fight
Relying on hypocritical, ahistorical, patently bogus rationalizations, the Republicans will not allow President Obama to appoint a Supreme Court justice to replace the recently-departed Antonin Scalia, and flip the Court from a conservative one to a liberal one. What should also be clear is that as long as they control the Senate, Republicans won't let the next Democratic president do so either. Unlike Democrats, who by and large believe in democratic rule -- i.e., legislative solutions to governing -- Republicans rely on a gerrymandered House of Representatives and a conservative Supreme Court to obstruct liberal initiatives and ensure that their own unpopular policy positions are enacted or upheld -- from allowing unfettered campaign contributions and unrestricted gun rights to gutting environmental regulations and impeding reproductive rights. And so, they have aggressively and successfully agitated for a conservative federal…
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Proposed New Equal Pay Legislation Makes Needed Updates to the Massachusetts Equal Pay Act
Massachusetts is one step closer to a strengthened equal pay law after the State Senate passed equal pay legislation in late January. The bill, which now goes to the House of Representatives for review, seeks to address the continuing wage gap between men and women. Although Massachusetts adopted its first-in-the-nation equal pay act in 1945, women in Massachusetts still earn approximately 80 percent of what men earn. Women of color earn even less: African-American women earn 66 cents on the dollar, while Latina women earn 54 cents on the dollar compared to men. An analysis by the Institute for Women’s Policy Research has concluded that Massachusetts will not close the pay gap until 2058. The proposed new law seeks to accelerate the rate of change by making three key updates to the Massachusetts Equal Pay Act (“MEPA”). First, the legislation broadens the definition of “comparable work” by explaining that…
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Rounding up diverse perspectives on Justice Scalia's diverse criminal justice work and the impact of his loss
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Once and Future Justice?
WaPo Associate Editorial Page Editor Jo-Ann Armao has an unusual suggestion for Supreme Court nominee. In the wake of the sudden death over the weekend of Supreme Court Justice Antonin Scalia, a variety of candidates are being mentioned as possibilities to fill the vacancy. Among them: appeals court judges, sitting senators, the current attorney general. To that list -- and I would put it squarely on top -- should be added the name of former justice Sandra Day O'Connor. There are both practical and political arguments for her nomination. Foremost is that she is eminently qualified, having served so ably on the court and continuing at age 85 to actively hear cases in the lower courts. She stepped down from the court in 2006 to care for her ailing, now deceased, husband and would be able to hit the ground running. A centrist, she would drag the court neither to the left nor to the right.Well, that last bit is not quite true. Replacing Justice Scalia with…
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Florida Official Accused of Keying Car in Neighbor Spat
Ron Cacciatore is a man who has spent his life in Broward law enforcement. He worked for years as an undercover agent, targeting drug traffickers. He took on high-profile, influential members of organized crime. He even spoke at one about about running for Broward sheriff himself. But now, he’s on the other side of that coin. The 62-year-old, who currently serves as the head fraud investigator at the Broward Property Appraiser’s Office, was recently accused of taking a key to vandalize the car of a 73-year-old neighborhood association president, who has been sparring with his 43-year-old stepdaughter. This is according to The Sun-Sentinel, which alleges the source of this quarrel spans a full five years – and the tenure of two association presidents. In all this time, there have been reports of conflicts between those involved that resulted in hair-pulling, biting and restraining order filings. And now, reportedly, it’s culminated in…
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