Crimes Going Unpunished Under Prop. 47: A California mother was "livid" when she learned that the suspected thief who stole her disabled son's specially-made bike was a repeat offender released early under Proposition 47. CBS reports that Prop. 47 was passed by California voters in 2014, reducing several felonies to misdemeanors and limiting jail time. The measure has resulted in repeat offenders being able to commit crimes with "virtual impunity." Last year in Los Angeles County, bookings dropped 31% for property crime and 68% for drug offenses and, all the while, property crime spiked 145% and violent crime jumped 54% in 2015, according to a study by the Public Policy Institute of California. The study touted the $130 million the measure is helping the state save, but opponents argue that is has "already cost the citizens of LA County nearly $250 million in property loss."Three Illegals Charged in Gang Rape of…
News Scan
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What is a Motion to Sever?
Statutory Authority to Sever Criminal Counts Utah Code § 77-8a-1(1) provides a procedure to sever criminal counts from others: Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: (a) Based on the same conduct or[...] The post What is a Motion to Sever? appeared first on Utah Criminal Defense Lawyer | Salt Lake City DUI Attorney.
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Waller County Sheriff's Office Report
For reasons I can't fathom, the report released this week by a committee convened to examine the Waller County Sheriff's Office following the death of Sandra Bland was not made available in electronic form. So, I scanned a hard copy. Here's a link to the report.Waller County Sheriff's Office Comittee Recommended Police & Jail Practices
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Froestad & Shearing on Uncoupling Justice from Punishment
Jan Froestad and Clifford Shearing (Bergen University College and Griffith Institute of Criminology) have posted Re-Imagining Justice from the Bottom Up (In: Carnelley, M. & Hoctor, S. Eds. Law, Order and Liberty: Essays in Honour of Tony Matthews. Scottsville: University...
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Life After DUI License Suspension: 7 Keys to Making Life Work, Even If You Have No Car
By Staff Attorney The Gasper Law Group, PLLC Life After DUI License Suspension: 7 Keys to Making Life Work, Even If You Have No Car Continue reading →
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Say It Plain
I came across a video clip the other day. It was shot inside a Florida Starbucks and showed a woman telling off the Governor there who had come inside the Starbucks with a retinue of aides and guards to, I assume, order a caffeinated drink. She calls him an “asshole” among other things and when the Governor tries to defend himself she uses his words against him, albeit inartfully. What struck me about the events depicted in this video is the fact that someone who had something bad to say about the Governor actually said it, not just in private, but to the Governor’s face, unprompted and at the spur of the moment. This all brought to mind some observations George Orwell made in his book The Road to Wigan Pier about the differences in behavior between the working class and the middle class. One such difference, which Orwell described as “disconcerting at first” is the “plain-spokeness [of the working-class] towards…
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Probation, Jail, and Money: Do You Know About Probation Fees in Texas?
After you are arrested here in Dallas or Fort Worth, or elsewhere in North Texas (or the rest of the state, for that matter), you’ve got a prosecutor wanting to maximize their case against you as best they can. If you have a good criminal defense lawyer, then your attorney is going to be fighting hard to prevent you from becoming a victim of injustice. Because the system can be very unjust. The criminal justice system is what it is — and most of the general public does not understand how things really work. They watch TV shows like Law & Order or NCIS and think the government folk are the good guys. Things are much more murky in the real world. We’ve got lots of examples of this here on the blog (prosecutorial misconduct; excessive force by the police; use of flawed evidence to get convictions; etc.) but today, let’s focus on what happens to someone who has been charged with a crime under the Texas Penal Code and is now facing probation.…
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Federal district judge declines to enjoin "scarlet passport" provision of new federal International Megan’s Law
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Pennsylvania legislature sends medical marijuana reform to desk of Gov (who plans to sign it)
As reported in this local article, headlined simply "Medical marijuana to be legal in Pa," there is big marijuana reform news from a big state this afternoon. Here are the basic details: Pennsylvania is a pen stroke away from legalizing medical marijuana. The House of Representatives on Wednesday gave the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/p4LR6xrDNkg" height="1" width="1" alt=""/>
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Two Bank Robberies Were Reported in Des Moines
The FBI warns that even in this high-tech age, old-fashioned bank robberies are still a cause for concern. Bank robberies have definitely become a cause for concern for Des Moines Residents. Two bank robberies were reported today in Des Moines. First, a bank robbery was reported about 9:23 a.m. at the West Bank location at 3839 Merle Hay Road. Later, another bank robbery happened at the U.S. Bank at 2500 East Euclid Avenue. Bank robberies are serious crimes that lead to very long prison sentences and other penalties. First, bank robberies are federal crimes. The primary reason for this is that banks are federal institutions, not private entities like stores or other commonly robbed establishments. 18 U.S.C. § 2113 defines what a bank robbery is. According to 18 U.S.C. § 2113, a person commits a bank robbery if he or she, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain…
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Two Bank Robberies Were Reported in Des Moines
The FBI warns that even in this high-tech age, old-fashioned bank robberies are still a cause for concern. Bank robberies have definitely become a cause for concern for Des Moines Residents. Two bank robberies were reported today in Des Moines. First, a bank robbery was reported about 9:23 a.m. at the West Bank location at 3839 Merle Hay Road. Later, another bank robbery happened at the U.S. Bank at 2500 East Euclid Avenue. Bank robberies are serious crimes that lead to very long prison sentences and other penalties. First, bank robberies are federal crimes. The primary reason for this is that banks are federal institutions, not private entities like stores or other commonly robbed establishments. 18 U.S.C. § 2113 defines what a bank robbery is. According to 18 U.S.C. § 2113, a person commits a bank robbery if he or she, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain…
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“It helped me cope.” West Memphis Three’s Damien Echols discusses art and wrongful conviction at his latest exhibition
Twenty-two years after being imprisoned for a crime he didn’t commit, Damien Echols is transforming the horror of his wrongful conviction into captivating, esoterica-inspired artwork. Now, as part of a three-man art show based thematically on the Salem Witch Trials, Echols is bringing his explorations of darkness and magic to Los Angeles’ Copro Gallery in an homage to the craft that helped him maintain his sanity throughout his time on death row. “When you’re life is a living hell and you have to watch your back 24 hours a day to make sure nothing will harm you, any feeling of protection serves a purpose,” Echols told The Huffington Post in a recent interview. “I remember loving to draw and paint as far back as kindergarten, but I think I started taking it seriously about eight or nine years into my prison sentence. It helped me cope.” Damien Echols became a household name in 1993 when he was wrongly charged, along with Jason…
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WaPo: 6th Circuit: No Fourth Amendment rights in cell-site records
WaPo: 6th Circuit: No Fourth Amendment rights in cell-site records by Orin Kerr: Several federal circuits have ruled on whether the Fourth Amendment protects historical cell-site records. Historical cell-site records are the phone company’s records of what cell tower a … Continue reading →
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Without Proof of Fear of Harm, Eastern Washington Woman Not Entitled to Demand Self-Defense Jury Instruction in Assault Case
A car trip involving two sisters led to a physical fight and police involvement. The subsequent assault trial of one of the sisters led to a nearly-one-year jail sentence and an appeal to the Washington Court of Appeals. That decision, handed down in February of this year, offers some useful knowledge about when a criminal defendant is, or is not, entitled to demand that the trial judge instruct the jury on the law of self-defense. The events that led up to the arrest started seemingly innocuously enough. Emily Dalhaug was riding in a car driven by her sister, Tomi Maine, traveling through the eastern Washington town of Warden. Dalhaug complained to Maine about Maine’s texting while driving. Maine, in response, swatted her sister, hitting Dalhaug in the shoulder with the back of her hand. Dalhaug responded to getting backhanded by punching Maine in the head. Maine stopped the car, and the battle spilled out onto the street. Another driver, who saw the two fighting and who…
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Will 13th Strike Finally Get DUI Driver Out?
Everyone knows that in baseball the rule is three strikes, and you’re out of the game. But life isn’t always like baseball, and drivers convicted multiple times of DUI in Los Angeles often get behind the wheel and pose threats to others. Of course, California isn’t the only state with this problem, as illustrated by a recent incident in Denham Springs, Louisiana. Before March 19th, 53-year old Jeffrey Blough had managed to rack up 11 DWI arrests and eight DWI convictions between 1983 and 2016. He had served time in jail and in prison, and he was on probation for one of those DWI offenses, when he crashed his Black Suburban into another vehicle while driving in Denham Springs. Police arrested him for DUI and took him to the station. Somehow, though, they did not pick up the fact that he had a long history of similar offenses and convictions. They let him go after charging him. A few hours later, in Baton Rouge, Blough slammed into another car with four…
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DA to Announce No Prosecution of Trump Campaign Manager
According to Politico, Palm Beach County Attorney David Aronberg will announce tomorrow there will be no prosecution of Donald Trump's campaign manager Corey Lewandowski for battery. Aronberg would not comment, but in a POLITICO interview... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Two timely stories of marijuana reform not yet helping those serving "Outrageous Sentences For Marijuana"
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Maryland State Police to Conduct Sobriety Checkpoint April 16, 2016
Maryland State Police to Conduct Sobriety Checkpoint on April 16, 2016 Reprint from the Maryland State Police – April 14, 2016 “Troopers from the Bel Air Barrack are conducting a sobriety checkpoint on Saturday, April 16, in an effort to prevent alcohol related crashes. In 2014, 35% of fatal crashes in Maryland were alcohol related. In addition to targeted traffic enforcement initiatives, the Maryland State Police continually strive to educate the public and create awareness surrounding the dangers of impaired driving using community outreach initiatives and social media. The checkpoint this Saturday is being conducted in memory of Janet Hardy. Janet, at the age of 13, was killed in a head-on crash in Harford County on October 26, 2003. The fatal crash was caused by a drunk driver. The checkpoint will be conducted days after the passing of Noah’s Law. The law, once in effect, will require those convicted of drunk driving to have an ignition…
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Police Arrest Woman on FBI’s Most Wanted Fugitives List Over Killing of Dallas Dentist
The FBI set up its Most Wanted Fugitives List back in 1950 but few women have appeared on it. When Brenda Delgado, a Mexican national, was arrested last week in connection with the killing of a pediatric dentist in Dallas, she was just the ninth woman to ever appear on the list, the Dallas Morning News reported. Delgado was captured ... Read More The post Police Arrest Woman on FBI’s Most Wanted Fugitives List Over Killing of Dallas Dentist appeared first on .
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High Gravity Beer Coming to Ohio
Ohio Representative Dan Ramos is working hard to ensure that stronger beer will be available for sale in his state. His proposed legislation, House Bill 68, would increase the alcohol by volume (ABV) limit for beer sold in Ohio from 21% to 21%. The new law would enable Ohio residents to easily purchase popular “high [...]The post High Gravity Beer Coming to Ohio appeared first on Columbus Criminal Attorney.
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