Criminal Lawyer For Making Or Using Slugs (N.J.S.A. 2C:21-18) Traditionally, “slugs” have been defined as objects that simulate currency, especially coins, and can be used to fraudulently operate coin-operated devices. Because so many coin-operated devices now accept paper currency or even credit or debit cards, the Slugs statute in New Jersey, N.J.S.A. 2C:21-18, now applies much more widely, and includes using slugs, keys, tools, instruments, or even explosives inserted into a machine with a purpose to defraud another. The manufacture, possession, or disposal of the above, or of drawings, prints, or molds of keys, tools, and instruments for accessing machines is also prohibited under 2C:21-18. The charge is a disorderly persons offense with a maximum penalty of six months in jail, but in most cases, Slugs will be a lesser included charge in a larger indictment. If you’ve been caught with Slugs or related tools, get help right away to protect your rights…
New Jersey Criminal Defense Attorney For Making Or Using Slugs (N.J.S.A. 2C:21-18)
↧
↧
News Scan
Constitutional Carry Passed by MO Lawmakers: The Missouri legislature passed a bill last Friday that lifts the permit requirement for the concealed carry of firearms, and Gov. Jay Nixon is expected to decide whether or not to sign the measure into law. Stephen Gutowski of the Free Beacon reports that the bill allows any law-abiding adult who can legally possess a firearm to carry a concealed firearm on their person without having to obtain a separate permit. Additionally, it extends "castle doctrine" protections to house guests and removes the requirement that someone in a public place who reasonably believes their life is threatened must retreat before using deadly force to protect themselves. The measure passed with a 114-36 vote in the House and a 24-8 vote in the Senate. Gov. Nixon has not announced whether he will sign or veto the bill. If he vetoes it and the original vote count holds, the legislature could override the…
↧
Penalties For Unlicensed Practice Of Medicine, Surgery, Podiatric Medicine (N.J.S.A. 2C:21-20) In New Jersey
Penalties For Unlicensed Practice Of Medicine, Surgery, Podiatric Medicine (N.J.S.A. 2C:21-20) Under New Jersey law, it is a crime of the third degree to practice medicine, surgery, or podiatric medicine when you know you do not possess a license, or that your license has been suspended, revoked, or limited by the State Board of Medical Examiners. Under N.J.S.A. 2C:21-20, Unlicensed Practice of Medicine, Surgery, Podiatric Medicine, prohibited conduct without an active license includes engaging in the practice, exceeding the scope of practice as permitted by an order from the Board, holding yourself out as eligible to engage in the practice, practicing under a false name or impersonating another licensed person, or engaging in activities for which the license is required, including prescribing controlled substances. Medical professionals who are facing charges under 2C:21-20 aren’t just risking a 3-5 year sentence if convicted. Short term license suspensions can become…
↧
Update: the Khari Noerdlinger Case
Khari Noerdlinger, left, appears before Superior Court Judge Frances A. McGrogan with his attorney Jeffrey Lichtman, right, on May 16, 2016 in Hackensack. (Jennifer Brown — Bergen Record) Khari Noerdlinger appeared before Judge Frances McGrogan yesterday in Bergen County Superior Court for his arraignment on Aggravated Manslaughter and related charges resulting from the death of an individual who, along with four other people, drove down to Edgewater, New Jersey from Rockland County, New York, armed with a baseball bat and other deadly weapons, with the sole purpose of assaulting and robbing Khari. It was during this attack by these individuals that Khari, knocked to the ground and being kicked, punched and beaten with the deadly weapons, pulled out a knife and in a desperate attempt to save his own life stabbed the individual on top of him in the thigh. According to the Bergen County Prosecutor’s Office, the individual’s femoral artery was…
↧
Single vehicle injruy crash WB US26 at milepost 349.2, near Ririe
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 05/17/2016 at 3:00 p.m. Please direct questions to the District Office On May 17, 2016 , at approximately 10:15 a.m., Idaho State Police investigated a single vehicle injury crash westbound on US26 at milepost 349.2, near Ririe. Marie Allred, 60, of Thayne, MT, was driving a 2013 Hyundai Elantra westbound on US26 at milepost 349.2. Allred drove off roadway onto the left shoulder, and impacted the dirt embankment. Allred was transported to Eastern Idaho Regional Medical Center by ground ambulance. Allred was wearing a seatbelt at the time of the crash. The roadway was not blocked. <JH / DO> -------------
↧
↧
Can Police Search My Car After I've Been Arrested?
It's not something that many people think about if they're driving their car, get pulled over by the police, and end up getting arrested: What happens to your car? You're understandably too focused on your immediate predicament to consider whether it will stay there, on the side of the road, or whether the police can take it. The unfortunate fact, though, is that police can take your car and impound it after arresting you for a crime involving your vehicle, like operating under the influence (OUI). Worse, once your car has been impounded, the police can then search it, which could potentially lead to more criminal charges. Police Can Inventory Your Car Without a Warrant Typically, for police to legally conduct a search for evidence, they need a warrant. However, there are a lot of exceptions to this requirement. One of these exceptions to the warrant requirement allows police to conduct an inventory on impounded cars. The theory behind this exception is that…
↧
What happens when a suspect throws drugs away and the cops find them?
Fourth Amendment SearchWhat happens when a suspect throws down drugs and the cops later find them?Where drug crime defendants / suspects throw drugs under their vehicles while being removed from the vehicle after a valid traffic stop, a court can rule that the suspect has "voluntarily abandoned" the drugs. A Florida Court has just ruled there was reasonable suspicion to justify a pat down where there was a traffic stop, the target appeared nervous, could not answer some of the officer's questions, had made a sudden U-turn into an oncoming traffic lane, and then parked facing the wrong direction just prior to the stop. The cop testified that the suspect had a pen clenched in his hand and the officer to believed it could be used as a weapon."Florida Statutes (2012) (entitled “Stop and Frisk Law”), provides: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has…
↧
Do Body Cameras Lead To More Assaults On Police?
As a criminal defense firm, it’s no surprise that we’re in favor of police body cameras. The fact of the matter is, when it comes down to a he-said, she-said argument, a judge or jury is going to inherently trust the word of a police officer over that of a suspected criminal every day of the week. The problem is that police officers don’t always tell the truth, or more often they are pretty selective about what does and doesn’t get included in the official report. Police body cameras can solve that problem by putting a neutral party on the scene. Interestingly though, a new study suggests that the presence of a police body camera may have some unintended consequences. According to new research, the rates of assault against police officers wearing body cameras were much high than non-equipped officers. Assaults and Police Body Cameras In the largest study to date on police body cameras here in the US and in the UK, researchers found that the…
↧
So who would you like to see on Prez candidate Donald Trump's SCOTUS shortlist?
↧
↧
Supreme Court Issues Two Decisions That Limit Access to Federal Courts
On May 16, 2016, the United States Supreme Court handed down two decisions that may, in practice, limit the ability to access federal district courts. In Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016), the Supreme Court rejected the Ninth Circuit’s conclusion that statutory violations are per se sufficient to confer Article III standing, and, in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132, 578 U.S. ___ (2016), the Court concluded that jurisdiction under Section 27 of the Securities and Exchange Act (Exchange Act) is limited to suits brought under the Exchange Act and state law claims that turn on the plaintiff’s ability to prove the violation of a federal duty. Spokeo, Inc. v. Robins Spokeo concerns a representative plaintiff—Thomas Robins—whose biographical information was inaccurately reported by Spokeo Inc. At issue was whether Robins had standing to sue simply because Congress imposed upon…
↧
"Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied"
↧
What Does Proof Beyond Reasonable Doubt Mean in Texas?
By Bo Kalabus www.rosenthalwadas.com; b.kalabus@rosenthalwadas.com 24-hour Jail Release: 214-402-4364 In Texas, as is the case in the rest of the United States, the government has the burden of proof in a criminal case. What this means is the State of Texas has the burden to prove a Defendant is guilty beyond a reasonable doubt to win a conviction. You may wonder just what is proof beyond a reasonable doubt? Our legislature hasn’t helped the situation by not providing us with a definition. Proof beyond a reasonable doubt means whatever you believe it means, but is also the highest burden in the land. This all makes very little sense without a background on what the other burdens of proof are. The lowest burden of proof in our justice system is reasonable suspicion. A police officer must have a reasonable suspicion a crime has been committed in order to stop or detain an individual. Reasonable suspicion is defined as “articulable facts” for example like a…
↧
Ohio Senate tweaks medical marijuana bill as reform efforts keep moving ahead swiftly
As reported in this local article, headlined "Ohio pharmacy board would run medical marijuana program under bill changes," the Ohio legislative process keep moving ahead swiftly as the state continue a path toward becoming the latest to enact significant medical marijuana reforms. Here are the details: Patients would be allowed...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/AQA9RZoELl8" height="1" width="1" alt=""/>
↧
↧
Affluenza Teen Going to Jail for Fatal DUI
A Texas judge has finally sent Ethan Couch, the “affluenza” teen, to jail. Most drivers convicted of a deadly Los Angeles DUI would have been grateful to receive Couch’s original sentence—10 years’ probation for causing four deaths while DUI. But Couch didn’t appreciate the break he received. Judge Wayne Salvant ordered Couch to report to jail to serve a sentence of 720 days, which amounts to 120 consecutive days for each of the four people that he killed. Couch, who was 16 at the time, also injured nine other people when he plowed into a disabled SUV on the side of the road. Couch pleaded guilty to four counts of intoxication manslaughter and other crimes. During the sentencing hearings, Couch’s lawyers contended that he suffered from “affluenza” and therefore couldn’t be held accountable for his behavior. That defense, and the juvenile court judge’s sentence of 10 years’ probation, led to a storm of…
↧
Marijuana Possession Charges Dismissed In Delaware County
During a traffic stop for expired tags, police officers in Delaware County noticed some marijuana in a young man’s car; therefore, charged him with marijuana possession. This young man wanted to avoid having a drug conviction tarnishing his record, which would disqualify him from obtaining financial aid for college, in addition to limiting his future [...]The post Marijuana Possession Charges Dismissed In Delaware County appeared first on Columbus Criminal Attorney.
↧
Fatal Crash in Twin Falls County.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 05/18/16 12:20 P.M. Please direct questions to the District Office On Wednesday, May 18, 2016, at approximately 9:00 A.M., Idaho State Police investigated a vehicle versus bicycle crash at 3375 E & 2900 N, in Twin Falls County just south of Kimberly. Hollie Winnett, 32, of Hollister, ID, was driving westbound on 2900 N in a 2002 Jeep Liberty. Winnett struck Ryan Franklin 34, of Filer, ID who was also riding westbound on 2900 N on a bicycle. The impact knocked Franklin from his bicycle and onto the side of the road. Winnett left the scene of the crash and returned at a later time. Franklin was wearing a helmet. Franklin succumbed to his injuries at the scene of…
↧
ARE YOU REQUIRED TO RESPOND WHEN LAW ENFORCEMENT ASKS YOU A QUESTION?
Recently, I have heard from several people that they have been told by police officers that they had to answer an officer’s questions or face being arrested for “obstructing an investigation”? Is this true? In general, an officer may ask a lawfully detained person to identify him or herself. As with most legal questions, the full answer is not absolute and depends on specific circumstances, but, in general, it is not true that you must answer further questions, and an arrest would be unlawful. The law is far from crystal clear, and swirls around the definition and interpretation of the right to remain silent. A new case from the Florida Supreme Court has changed the law within our state as to the consequences of silence. Skip to the bottom for the short answer; read on for an explanation of how you get there…
↧
↧
I'm offended that you're offended
White teenagers singing along to A$AP Ferg's rap song whose lyrics include the n-word is offensive to Barry Bonds? A pregnant white actress who captions her Instagram post with a lyric from Sir-Mix-Alot's "Baby's Got Back" is offensive to the black community? I don't get it. Yes, I agree that A$AP Ferb's "Dump Dump" song is totally and completely offensive in and of itself. However, a black artist (who most likely profited from these white people) can write and record a song with these offensive lyrics, but a white person can not sing along to it or refer to it? Sure, there are plenty of things going on in the world today to get offended about. But, white people directly repeating a black artist's song lyrics is not one of them.
↧
Trump's Supreme Court Candidates
ABC News has a story out today listing eleven candidates Donald Trump says he would consider for the Supreme Court.I know three of them slightly, none of whom I am going to name. They would be excellent. My one big regret about this list is that it does not include former Solicitor General Paul Clement.The difference in probable Supreme Court picks between Sec. Clinton and Donald Trump remains, in my view, the most important reason to be, if not enthusiastic about Trump, at least not in hellish despair.
↧
News Scan
Death Sentence Ordered for KS Man: A judge followed a jury's recommendation on Wednesday and sentenced a Kansas man to death for the 2013 killings of a young woman and her 18-month-old daughter. Tony Rizzo of the KC Star reports that Kyle Flack, 30, was found guilty earlier this year of capital murder in the shotgun slayings of Kaylie Bailey, 21, and her toddler, Lana. Flack was also convicted of first-degree murder in the killing of Steven White, 31, and second-degree murder in the death of Andrew Stout, 30, receiving life in prison and 22 years three months, respectively. He received an additional nine months for illegal possession of a firearm. A motive for the murders, which occurred on the same farmhouse, is unknown.Cartel Member Caught Crossing Border: A self-confessed Los Zetas cartel member was arrested in Texas over the weekend entering the U.S. illegally and is now in federal custody. Ildefonso Ortiz of Breitbart reports…
↧
