Yesterday, Circuit Court of Cook County Chief Judge Timothy C. Evans announced that on Monday, April 15, no electronic communications and internet devices will be allowed at the felony courthouse at 26th and California. The ban was initially announced earlier this year but enforcement was postponed. The Court indicated that the ban will be extended on a rolling basis to the other courthouses, with the exception of the Richard J. Daley [...]
Cell phone ban to go into effect at 26th and California
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CA1: Stop escalated without any reasonable suspicion defendant was a fugitive
Defendant’s stop escalated to full arrest without reasonable suspicion just because the officers couldn’t find him in a government database, wrongly concluding this made him a fugitive. On the totality, the government showed really nothing for the continued detention. The fact defendant did not show up in a database they expected him in proved nothing. “It simply cannot be that reasonable suspicion of a person being a wanted fugitive is created by the failure to find the name, given by a person, in a government database. Ironically, had Dapolito's name been found, the information would not have shown he was wanted on a warrant.” Under all the facts, it was clear he was not free to leave or avoid further police contact. United States v. Dapolito, 2013 U.S. App. LEXIS 7309 (1st Cir. April 11, 2013).*
Defense counsel was not ineffective for not preserving defendant’s search issue for appeal because defendant had no standing. This was a motel room, and he wasn’t a registered guest or spending the night. Ex parte Moore, 2013 Tex. Crim. App. LEXIS 634 (April 10, 2013).*
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What Happens After A Grand Jury Indicts Me For A Felony?
Many times I receive calls from potential clients in the weeks leading up to an indictment. Some times people want to wait and see if they get indicted, they hold onto hope that if they wait that they will not be charged. The smart clients hire us right away. If your case is being sent [...]
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What Happens After A Grand Jury Indicts Me For A Felony?
Many times I receive calls from potential clients in the weeks leading up to an indictment. Some times people want to wait and see if they get indicted, they hold onto hope that if they wait that they will not be charged. The smart clients hire us right away. If your case is being sent [...]
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S.D.Ala.: Thumb drive hanging around defendant's neck within SW for computer media
Defense counsel was not ineffective for not moving to suppress a thumb drive taken off his person during execution of the search warrant in this case for computer media in the house since he was in the house at the time. It was fairly within the warrant. United States v. Orr, 2013 U.S. Dist. LEXIS 51686 (S.D. Ala. January 23, 2013).*
Officers had reasonable suspicion to stop defendant’s vehicle for resembling one involved in a cluster of bank robberies in the area. When stopped, defendant consented to a search of the vehicle more then once. Search warrants for his house were based on probable cause. Defendant’s later confession he robbed banks sealed the deal. United States v. Wetsch, 2013 U.S. Dist. LEXIS 51682 (D. Minn. February 8, 2013).*
The search incident of defendant’s car in this forfeiture case was based on probable cause contraband was in the car [sounds more like automobile exception]. United States v. Cunningham, 2013 U.S. App. LEXIS 7342, 2013 FED App. 0350N (6th Cir. April 9, 2013).*
Affidavit for the search warrant for a gang bandana in a house was issued with probable cause and wasn’t stale. United States v. Garcia, 2013 U.S. Dist. LEXIS 51339 (D. Kan. April 10, 2013).*
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The Hill: IRS: We can read emails without warrant
The Hill: IRS: We can read emails without warrant by Brendan Sasso.
The IRS believes that it can ignore United States v. Warshak outside the Sixth Circuit, even though every district court to consider the issue since Warshak has followed it.
Back to blog
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Two discussions suggesting potential virtues of shame punishments
I have just noticed two notable punishment theory papers via SSRN discussing shame punishments. This broader piece by Luke Coyne is titled "Can Shame Be Therapeutic?" and here is its abstract: This paper focuses on alternative judicial punishments such as...
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What Happens After You Are Indicted By A Grand Jury In Toledo?
Over my career, as both a former prosecutor and a defense lawyer, I have learned that many people make the mistake of waiting until after they have been indicted to try to hire an experienced defense lawyer. Most of these clients had hoped that they would not be charged, but they were. It is human [...]
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News Roundup
I’ve been busy with New Prosecutors’ School this week. As always, it has been humbling and inspiring. But the world didn’t stop turning. Here are some of the week’s top stories: The General Assembly takes on juvenile law. The News and Observer reports here that the legislature is considering a bill that would require judges [...]
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Speeding Tickets are Crimes in Georgia
View More Criminal Defense Articles Supreme Court Ruling: A recent United States Supreme Court ruling concluded that there is no [...]
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Terrific SCOTUSblog preview of Kebodeaux and SORNA
A helpful reader reminded me not only that the Supreme Court has a last few criminal justice cases slated for oral argument the next few weeks as its term winds down, but also that one sex offender case, US v....
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Novi School Principal Accused of DUI Placed on Immediate Paid Leave
Deerfield Elementary Principal Kim Warren was recently suspended after it was suspected that she was drinking alcohol on her lunch break. The Novi, Michigan elementary school principal was arrested for DUI after Novi police received a 911 call reporting an erratic driver, according to Police Lieutenant Eric Zinser. As of the most recent news reports charges had not been filed against Warren, however the Novi city prosecutor will review the case to determine if charges will be filed.
According to a news article at Mlive.com, Warren was found in the school parking lot sitting in her car following the 911 call. The school district said that she was suspected of being intoxicated and that an open container of alcohol was found in her vehicle. Warren was taken into custody by Novi police on Monday, and released that evening. Deerfield Elementary Superintendent Steve Matthews said that Warren made a poor decision, but that she did not enter the school building and remained in her car. She was taken into custody by police after they smelled alcohol and conducted field sobriety tests.
The school named Lisa Fenchel as Warren's replacement while the school board makes a decision regarding whether she will remain employed. The school's website was updated within hours of the incident, naming Fenchel as the interim principal.
While news reports state that Warren is "deeply regretful" of her actions, Matthews said that she made a horrible decision and will not return to the Deerfield Elementary school for a long time, if ever. Matthews issued a letter to parents and guardians of the students informing them of the situation and assuring them that Warren at no time during the incident came into contact with the students.
Warren has been employed as principal at the school for two years.
While it is a sad situation, Michigan driver's license restoration lawyers know that if Warren is charged with DUI or drunken driving and convicted, she will face penalties including fines, jail time, and license suspension. It may seem that spending time in jail would be the worst punishment, however having your driver's license suspended for 6 months is often the harshest punishment of all as it severely restricts your life.
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Michigan Court of Appeals Determines Saginaw County Juror's Wikipedia Research Not Sufficient to Overturn Larceny Conviction
In November of 2011, Julie M. Maliszewski was convicted of larceny from a person. The conviction stemmed from an incident in July of 2010 when Maliszewski was at a friend's home in Birch Run Township and allegedly stole jewelry worth thousands of dollars, although Maliszewski was deemed "mentally impaired" by appellate judges according to a news article at Mlive.com.
Maliszewski was initially sentenced to 18 months probation, however Saginaw County Circuit Judge Fred L. Borchard extended the probation to five years in September of 2012 due to Maliszewski's non-payment of restitution.
Maliszewski argued several points in her appeal, including that Borchard erred in not allowing hearsay testimony from the alleged victim's son, insufficient evidence for a conviction, and failure to grant a mistrial when a juror researched Wikipedia regarding corroborating evidence and reasonable doubt, then shared the findings with other jury members.
Appellate judges Joel Hoekstra, Henry Saad, and Mark Boonstra determined that the reading of the Wikipedia research results to the jury members did not warrant a reversal of Maliszewski's larceny conviction.
After being informed of the Wikipedia search results, Borchard asked jurors whether they were capable of relying solely on the jury instructions that had been given them, and if they could disregard the search results. Borchard denied the motion for a mistrial after jurors said they could disregard the Wikipedia search results.
The appellate judges disagreed with all of the defendant's arguments, and ruled that the judge's decision to deny a mistrial did not impact the defendant's ability to get a fair trial. The judges also found that jurors were properly instructed by Borchard both prior to and following the trial.
News reports state that Maliszewski will remain on probation until January 2017.
Michigan criminal appeals attorneys know that it is extremely difficult to have a conviction overturned, however the most important factor is having a capable lawyer who is thoroughly familiar and experienced with the process.
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Ten St. Johns County store clerks and restaurant servers caught in sting, charged with selling alcohol to minors
Ten employees of St. Johns County businesses are facing misdemeanor charges for allegedly allowing minors to buy alcohol during an undercover operation by the St. Johns County Sheriff's Office. Police sent either a 16-year-old boy or a 17-year-old girl into local gas stations, liquor stores and restaurants and the teens attempted to purchase alcohol, according to a report in the St. Augustine Record. If they were asked for identification, the teens were instructed to provide their driver's license, which shows their actual age.
Of the 37 businesses, the teens were sold alcohol at 10 locations, the newspaper reported. Eight of the clerks checked for identification and, despite seeing the teen was at least four years too young, sold the alcohol anyway, the newspaper reported. Two employees did not check ID at all. The employees who sold the alcohol were all charged with selling alcohol to a minor, a second-degree misdemeanor in Florida. The maximum penalty is 60 days in jail, six months of probation and a $500 fine. Local law enforcement agencies conduct similar investigations at peak times during the year and jail time is rare in these types of St. Johns County Misdemeanor Cases. The purpose seems more to let people know police are watching and to encourage clerks to follow the law and prohibit minors from buying alcohol by making them aware they can be held criminally liable if they sell to someone under 21.
The operation was conducted March 29 and April 1, right at the end of spring break for local schools. This is a prime time for these types of operations, as are the next few months with graduation season upon us. Police often crack down on underage drinking and open house parties at this time of the year and parents and store clerks can be held personally criminally liable if they are associated at all with underage drinking. Just because a person is charged with a misdemeanor and is not facing a lengthy prison sentence does not mean the crime is not serious and doesn't warrant the expertise of an experience St. Johns County Criminal Defense Attorney. Misdemeanor convictions can affect a person's ability to get a job, and job applicants are often required to list if they have been convicted of or have pleaded guilty to a crime. In many St. Johns County Misdemeanor Cases, if a defendant agrees to complete certain conditions of probation, and does so successfully, adjudication can be withheld, meaning while an arrest will show up on a person's record, a conviction will not.
Our St. Johns County Misdemeanor Crimes attorney has represented thousands of people on misdemeanor charges and knows if it's you or your loved one in front of the judge, there's no such thing as a minor charge. If you or a loved one needs a criminal defense attorney in St. Augustine or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Misdemeanor Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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Arkansas Supreme Court Lifts Execution Stays
The Arkansas Supreme Court ruling in Jones v. Hobbs is at the link. "Court: Six death-row inmates no longer under stays of execution," is the Arkansas News Bureau report. The stays of execution previously issued by the state Supreme Court...
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Puerto Rican Jury Rejects Another Federal Death Sentence
"Puerto Rican jury rejects death sentence in police killing," is the Reuters post, via the Chicago Tribune. A Jamaican man was sentenced to life in prison for the murder of an undercover policeman in Puerto Rico after a jury rejected...
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Bolingbrook Man Wants Neighbors to Know He's Not a Sex Offender
4-12-2013 Illinois:
A Bolingbrook resident living in the former home of a registered child sex offender has received verbal insults and obscene gestures from passersby.
When Fred Cook moved...
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On Trial for Fraud, Ponzi Scheme
Frail ex-Delray commissioner on trial for alleged Ponzi scheme says she never intended ‘not to pay back the money’Former Delray Beach City Commissioner Charlotte Durante took the stand in her own defense Friday, vehemently denying prosecutors claims that she stole an estimated $1.8 million from people who came to her believing she would pay them big returns on their investment.“It was never my intention, never a thought in my mind, not to pay back the money,” she insisted.Further, she said, all of the 83 investors knew she was using their money to help her daughter establish the Museum of Lifestyle and Fashion history.When prosecutor Ryan Kelley pointed out that none of the 26 investors who testified during the three-day trial said they ever heard of the museum, the frail 68-year-old bristled.“That’s the 26 people you railroad in here,” she shot back. “I have absolute proof that people were told.”However, none of that proof was presented to the jury. When testimony concluded late Friday afternoon, only Durante and her daughter, Lori Durante, were called to dispute prosecutors’ contentions that the longtime and respected real estate agent had run a lucrative Ponzi scheme (source, full details).A Ponzi scheme is a fraudulent investment operation that pays returns to its investors from their own money or the money paid by subsequent investors, rather than from profit earned by the individual or organization running the operation. The Ponzi scheme usually entices new investors by offering higher returns than other investments, in the form of short-term returns that are either abnormally high or unusually consistent. Perpetuation of the high returns requires an ever-increasing flow of money from new investors to keep the scheme going.Five Key Elements of a Ponzi SchemeThe Benefit: A promise that the investment will achieve an above normal rate of return. The rate of return is often specified. The promised rate of return has to be high enough to be worthwhile to the investor but not so high as to be unbelievable.The Setup: A relatively plausible explanation of how the investment can achieve these above normal rates of return. One often-used explanation is that the investor is skilled and/or has some inside information. Another possible explanation is that the investor has access to an investment opportunity not otherwise available to the general public.Initial Credibility: The person running the scheme needs to be believable enough to convince the initial investors to leave their money with him.Initial Investors Paid Off: For at least a few periods the investors need to make at least the promised rate of return - if not better.Communicated Successes: Other investors need to hear about the payoffs, such that their numbers grow exponentially. At the very least more money needs to be coming in than is being paid back to investorsSourceWest Palm Beach Fraud Defense AttorneyAt the law firm of Andrew D. Stine, P.A., in West Palm Beach, we have extensive experience representing people charged with fraud crimes, including mortgage fraud, mail fraud, wire fraud, securities fraud, tax evasion, insider trading, theft by fraudulent means, writing bad checks, and organized schemes to defraud.In Florida, most fraud changes involve the Economic Crimes Division (ECD) putting together a great amount of evidence for presentation before a grand jury. The best way to resolve these cases is for your lawyer to have a good working relationship with the prosecutor and to try to avoid any serious consequences by paying restitution. In Florida, restitution outweighs incarceration, so if your lawyer can persuade the victim to drop charges in favor of receiving their money back, you can usually avoid a conviction.If you did not commit the fraud crime, we can prepare an aggressive defense and force the state to prove its case. In many cases, that can be a difficult thing for the state to do.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly
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Friedman & Lakier on Limiting the Commerce Power
Barry Friedman and Genevieve Lakier (New York University School of Law and University of Chicago Law School) has posted 'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power on SSRN. Here is the abstract: Today it is taken for granted...
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You Think Graduating Law School And Passing The Bar Will Guarantee You A Job? Think Again!!!!
So you spend three years and pay over $100,000 in tuition to get through law school. You put your life on hold attending classes and studying for finals. Then, you go into hibernation for over 2 months studying for the...
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