When someone is studying DUI laws in Washington there is a term that will come up and that is “escalating penalties”. What is usually also being discussed is whether the escalating penalties have been effective in curbing repeat offenses or DUI related fatalities. The phrase is actually used and discussed within two contexts so it can get a little confusing. The first context you may have discovered if you have needed to deal with a second or greater DUI arrest. The more DUI’s that you get the penalties that you face increase. If you are facing a 5th or higher DUI charge the crime is then classified as a felony which would mean prison time if you were convicted. This is what is often meant by “escalating penalties”. What can also be meant is the history of DUI law in the first place. This context of the term “escalating penalties” can also affect first time offenders. So here is a little tour of the way Washington has viewed and dealt…
Washington Keeps Getting Stricter on DUI But Does It Help?
↧
↧
Speeding and Aggressive Driving in Pennsylvania
Aggressive driving in Pennsylvania is tricky to define, but easy to identify; it is a “you will know it when you see it” type of thing. The Rocky Mountain Insurance Information Association defines aggressive driving as “as any behind-the-wheel behavior that places another person (or people) and/or property in danger through willful action without regard to safety.”It can involve various actions from hand gestures and violence to tailgating to speeding.Speeding and aggressive driving are exceptionally dangerous; they greatly increase the risk of crashing and contribute to thousands of fatalities and injuries each year.Aggressive driving has various repercussions. Those who drive recklessly, break the law, or otherwise cause harm to others may receive citations, face charges for criminal offenses, and face financial liability for damages if they hurt others in an accident.If you or a loved one was hurt in an accident or roadway incident with an aggressive…
↧
"The Battle Against Prison for Kids"
↧
April 15th is Tax Day – Are You Ready?
The Law Office of Michael West knows that for many people, April 15th is one of the most stressful days of the year. Since this is the deadline for filing your family’s federal tax return, which is not a pleasant task, many Georgians wait until the last minute to prepare and file their taxes as a way of delaying the inevitable for as long as possible. While we fully understand that filing taxes is not fun, it is important to give yourself plenty of time to complete your tax return correctly in order to prevent making mistakes that can arise from lack of time or preparation. One important question that our clients often ask is how does filing for bankruptcy affect my taxes or vice versa? Some people mistakenly believe that they do not need to file a tax return if they file for bankruptcy, or that they can keep any tax refund owed to them after they file bankruptcy. The Internal Revenue Service (IRS) and the U.S. government as a whole take the issue of taxes very, very…
↧
Should I Take a Lie Detector Test
If you’ve ever sat for a police interrogation without a lawyer present, you probably already know the drill. At some point during the procedure, at least one detective may try his best to goad you into taking a polygraph test. This is where things could get sticky and possible criminal charges against you. In a perfect world, two things would be true: Lie detectors would work with 100 percent accuracy, and law enforcement would consistently use them with pure intentions. Sadly, the world is far from perfect. That’s why, when asked to take a polygraph test, your answer should always be “No.” The detectives who ask you to take these tests have only one objective in mind: They want to get a confession to a crime. If you do consent to the procedure, you must do so only under the advice of a knowledgeable criminal defense attorney. Never agree to sit for such a test on your own, and never let it take place at the hands of law enforcement while they have you…
↧
↧
WHY NONVIOLENT FELONIES & MISDEMEANORS IN FLORIDA SHOULD RARELY RESULT IN AN ARREST
Officers in Tampa Bay Florida are making far too many unnecessary arrests. Proper policing should result in the arrest of a suspect only when the officer has reason to believe that the defendant is either a danger to the community or is likely to fail to appear for court. An arrest may not be unreasonable for investigations of violent crimes such as domestic violence, aggravated battery or aggravated assault.Making an arrestis always risky.It's not unusual for officers to abuse the very process of making an arrest. Often an arrest for nonviolent crimes is an overblown tribute to the arresting officer's ego. The confrontation and resulting confusion of making an arrest places both the officer and the defendant in imminent danger of harm. Many inconsequential incidents snowball rapidly because of an arrest or mere threat of an arrest. Smart officers take a step back before making an arrest decision to unemotionally determine whether the defendant is a threat to the…
↧
MA Middle School Principal Arrested for Drunk Driving, Placed on Administrative Leave
On April 3, Debra Gately, Principal at Dedham Middle School was arrested at approximately 12:45 a.m. by Weston police for driving while intoxicated. According to news reports, Gately’s blood alcohol content at the time of her arrest was .19 percent, more than twice the legal limit of .08 percent. Gately, who is 44 years old, submitted to a chemical breath test and field sobriety tests, which she failed. She has pleaded not guilty to the charge. Gately admitted to Weston Officer Robert Powell that she had consumed three vodka drinks. Powell said that Gately’s speech was significantly slurred, her eyes glassy, red, and bloodshot, and that her breath smelled strongly of alcohol. Gately, who was selected by the Massachusetts Secondary School Administrators Association as middle school principal of the year for 2015, has been placed on administrative leave as the investigation continues. She was spotted by a Waltham police officer who claimed Gately was driving…
↧
Dallas Doctor Used Homeless Patients in Healthcare Fraud Scheme
Federal prosecutors are calling it “the largest home health fraud ever orchestrated by a single doctor.” And there seems to be a good reason for it. The Dallas Morning News reports that Dr. Jacques Roy is accused of recruiting 11,000 fake patients – some of whom were among the ranks of the city’s homeless population – and submitting $375 million worth of false home health care services. The numbers, if proven in a court of law, are indeed stunning. In his opening statements, Assistant U.S. Attorney P.J. Meitl told jurors that a doctor cannot possibly care for 11,000 patients. Roy’s defense attorney, Robert Scardino, countered with the defense that Roy made house calls to people who were sick and poor, and that the doctor is being used as a “poster boy” for health care fraud. So what exactly happened here? The Scheme Healthcare fraud cases invariably begins with a what…
↧
//blawgsearch75.rssing.com/chan-6519914/article17469-live.html
US v. Pete, No. 14-10370 (4-11-16)(Berzon with Fletcher and Bea). This is a Miller v. Alabama, 132 S.Ct 2455 (2012)(juveniles) resentencing case. The underlying offense was a felony murder, second degree murder, and sexual assault. The defendant, 16 at the time of the offense, was transferred to adult, tried and convicted. His appeal was denied. In light of Miller, however, the district court resentenced -- to 708 months. Before the resentencing, the court had denied counsel's request for funding for a neuropsychologist to evaluate the defendant and to develop mitigating mental health evidence. This request was denied.On appeal, the 9th held that the court abused its discretion in denying the indigent defendant's request for such an expert under 18 U.S.C. § 3006A(e). The 9th found that a reasonable attorney would have asked for an evaluation; and the evaluation could have been powerful mitigating evidence. The youth of the…
↧
↧
News Scan
Border Patrol Ordered to Release Soaking Wet Illegals: The chief of the Border Patrol labor union said in testimony to Congress last week that agents have been ordered to release dripping-wet illegal immigrants at the Rio Grande unless they "physically saw them cross the river." Stephen Dinan of the Washington Times reports that National Border Patrol Council president Brandon Judd told the House Judiciary Committee that the policy "de facto creates an open border with Mexico for any illegal alien who wants to claim they were here before 2014." The Jan. 1, 2014 cutoff, and the verbal orders to let illegals go unless seen climbing out of the river, came as part of President Obama's enforcement priorities he set up in November of that year, which ended up shielding most illegal immigrants from deportation. Judd says that illegal immigrants have now learned to game the system by claiming to have arrived prior to 2014, and agents…
↧
Rhine, Petersilia & Reitz on Improving Parole Release
Edward Rhine , Joan Petersilia and Kevin R Reitz (Ohio State University (OSU) - Department of Sociology , Stanford University and University of Minnesota Law School) have posted Improving Parole Release in America (Federal Sentencing Reporter, Vol. 28, No. 2,...
↧
WSJ: U.S. to Keep Pushing Apple to Unlock iPhone in New York Case
WSJ: U.S. to Keep Pushing Apple to Unlock iPhone in New York Case by Devlin Barrett: Justice Department says it will pursue a court order requiring help from Apple.
↧
The Hill: Boston judge ordered Apple to give FBI iPhone data in gang case
The Hill: Boston judge ordered Apple to give FBI iPhone data in gang case by Katie Bo Williams: A federal judge in Boston ordered Apple to help the FBI access information on a suspect’s locked iPhone earlier this year, according … Continue reading →
↧
↧
Momentum growing to confront debtors dilemma
College Station muni court Judge Edward Spillane had a terrific column in the Washington Post over the weekend titled, "Why I refuse to send people to jail for failure to pay fines." Readers may recall Grits had reacted earlier to a column Spillane wrote for the Austin Statesman, and in an email, Spillane generously declared that that post "and comments in the blog were beneficial in writing this" article, which I appreciated. Here's a notable excerpt:Judges might also be unlikely to dismiss fees because municipalities have become so dependent on the revenue — as in Washington state, where interest rates on unpaid fees are 12 percent, or in Ferguson, where revenue from court fees increased 80 percent in two years. Courts “are not an ATM for the city council,” says Ohio Chief Justice Maureen O’Connor, who co-chairs a national task force on fines, fees and bail. “You’re not supposed to be funding your …
↧
Rosedale Criminal Defense Lawyer
Rosedale Md. Criminal Defense Lawyer Have you been charged with a crime in Rosedale Maryland or are you a resident of Rosedale and you are facing criminal or traffic charges? Don’t panic, there is help available. Call the Randolph Rice criminal defense lawyers today to schedule a free consultation at 410.288.2900 for immediate help. Criminal Charges in Rosedale Maryland No one wants to face criminal charges and no one wants to think about the consequences of a criminal conviction. That is why it is so important to have an experienced and trusted lawyer defending your case in Court. Criminal charges typically start with a call to the police or an individual visiting the commissioner’s office to file charges. At that point, the police will arrest a suspect or later charge that person through the commissioner. If the charges are filed by a victim, then the commissioner will decide to issue a summons or warrant for the defendant and then a trial date is set.…
↧
Trump Theories Abound
Everyone has a different theory about what's ahead for Republicans and Donald Trump. The media, which pushed him to the top in the first place, has finally begun the backtrack. Is it too late? Is the apparent alternative (Ted Cruz) worse? Is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
News Scan
ACLU Sues to Make Bail Cheaper for Illegals: The ACLU Foundation of Southern California and the ACLU Immigrants' Rights Project filed a class lawsuit this month claiming that the federal government sets unacceptably high bond amounts for illegal immigrants in deportation proceedings, failing to consider their ability to pay. Caroline May of Breitbart reports that two plaintiffs named in the suit are a Honduran national fighting deportation by seeking asylum and an illegal immigrant from Mexico convicted of shoplifting, whose bail amounts are $3,000 and $60,000, respectively. The ACLU argues that the illegal immigrants' bail amounts unfairly affect them because they are poor and that detaining them deprives them of their liberty. Dan Cadman, a Center for Immigration Studies fellow, counters that there are nearly a million illegals on the streets of America who have absconded from court proceedings and that detention and bail amounts, regardless…
↧
↧
Rushin & Edwards on De-Policing
Stephen Rushin and Griffin Sims Edwards (University of Alabama - School of Law and University of Alabama at Birmingham - Department of Marketing, Industrial Distribution & Economics) have posted De-Policing (Cornell Law Review, Forthcoming) on SSRN. Here is the abstract:...
↧
Robbery vs. Burglary
Recently, I wrote about Iowa theft laws. Now, it is time to explain how Iowa law defines Robbery and Burglary. It makes sense to do it now because Des Moines Register reported about several robberies that happened recently. Some people believe that the terms “robbery” and “burglary” can be used interchangeably as if they stand for the same basic principle. Others believe that there is a difference between them, but they aren’t quite sure what that difference is. In this post I will provide a general overview of these two offenses and basic distinctions between them. In my next posts, I will write about those crimes in detail. Robbery A robbery involves a person who is intending to commit a theft (link to the previous post), and in the course of doing so, engages in an additional act that either assists or furthers the commission of the intended theft. The additional act can be any of the following: assaulting…
↧
Maryland Personal Injury Law Firm Offering No Obligation Free Consultations to Recent Victims of Motor Vehicle Collision Accidents
We all wish we could predict when bad things happen in our lives, including accidents. Just imagine, if we knew when something bad was going to happen, then we could avoid the whole bad experience. But we all know this isn’t the case in life, and that is true when it comes to motor vehicle collision accidents. Maryland Personal Injury Lawyers Get a free consultation from the best car accidents lawyers in Maryland and start recovering from your accident today. Call the Randolph Rice accident injury lawyers today at 410.288.2900 to schedule your free consultation. Maryland residents that have been injured in an accident are recommended to contact the Randolph Rice injury lawyers to schedule a free consultation as soon after the accident as possible. The Randolph Rice injury lawyers have experience in reaching maximum settlements with insurance companies and have a better chance of winning in Court before a Judge or jury if a claim has to be filed. The Maryland Rules of the…
↧
More Pages to Explore .....
