In part 1 of this article, we began to examine the process of getting sober, and how real sobriety is not only a requirement, but the key component of a winning Michigan driver’s license restoration case. I pointed out that people ultimately decide to quit drinking when they’ve had enough and realize that there is no way to control, manage or limit it. I also pointed out that the perceived need to control one’s drinking is actually a clinical marker of the existence of drinking problem. We saw that to win a license appeal, a person must prove to the Michigan Secretary of State’s Administrative Hearing Section (AHS) that his or her alcohol problem is “under control” (meaning that he or she has not had a drink for a certain minimum period of time) and is “likely to remain under control” (meaning that he or she is a safe bet to never drink again). The idea of hitting bottom is key to the decision to quit…
Michigan Driver’s License Restoration and The Process of Getting Sober – Part 2
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Violent Crime Up; Experts Stumped, Part II
A. Starting in the early to mid-Sixties, and for the next 25 years or so, the country gave judges almost unlimited sentencing discretion and earnestly believed in the possibilities of rehab. The prison population was a fraction of what it is now. Violent crime surged. Starting in roughly 1990, and for about the 25 years after that (up to 2015), the country reined in sentencing discretion and became skeptical about rehab. It also adopted aggressive, pro-active policing. The prison population ballooned to record levels. Violent crime rates decreased by half, the largest drop over the shortest time in American history.B. In August 2014, after Officer Darren Wilson of Ferguson, MO, was falsely portrayed as a murderer for acting in self-defense against a 292 pound small-time thief who came at him, academia and the Left have routinely portrayed police as pigs, and the "sentencing reform" (i.e., mass sentencing reduction) movement…
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**UPDATE** - Lanes back open - Crash near Fort Hall blocking one lane of Interstate 15
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 6/5/16 8:20 p.m. Please direct questions to the District Office **UPDATE** On Sunday, June 5, 2016, at approximately 6:23 p.m., Idaho State Police investigated an injury crash on I-15 near milepost 80, just south of the Fort Hall exit. Jennie Gomez, age 44, of Pocatello, in a 2001 Mitsubishi Montero, was merging onto I-15 from the exit 80 southbound onramp. Gomez collided into the rear of a 1991 Cadillac Seville, driven by Karoly Rauch, age 76, of Pocatello. Gomez, Rauch, and Rauch's passenger, Doris Rauch, age 73, also of Pocatello, were all transported by ground ambulance to Portneuf Medical Center in Pocatello. The left lane of southbound I-15 was blocked for the…
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US Sentencing Commission posts big new report authored by its Tribal Issues Advisory Group
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Stool Pigeon...
Peter Holley reports for the Washington Post:A possible murder witness is talking.The question is whether anyone should listen.His name is Bud, and he's an African gray parrot in Ensley Township, Mich., with a filthy mouth, according to NBC affiliate WOOD-TV.His latest phrase - the one he won't stop shouting at the top of his lungs mimicking his owner's voice - is a chilling one: "Don't f--ing shoot!"The bird's antics might be laughed off, but it were not for the fact that Bud's owner, 45-year-old Martin Duram, was fatally shot at his home in May 2015, according to ABC affiliate WABC. His body was found near his wife, Glenna, who had suffered a gunshot wound to her head but is alive. Although police initially assumed Glenna Duram was a victim of the shooting, police reports obtained by WOOD-TV reveal that she is now a suspect in the slaying.Law and Order writers...are you reading this???
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Jerry Brown's Jailbreak Initiative Headed for the Ballot
Last winter, California Governor Jerry Brown wanted to put on the ballot a new initiative to facilitate large-scale releases of felons from prison. He had a problem, though, in that it was too late in the initiative cycle to begin an initiative from scratch and get it on the November 2016 ballot.Gov. Brown's solution was to strike a deal with proponents of an unrelated juvenile justice initiative that had already gone through the early stages of the process. Can he do that? The bill allowing amendment of pending initiatives is only two years old, and there are unanswered questions. Today the California Supreme Court answered one of the questions and cleared the way for the Jailbreak Initiative to be put on the ballot this fall.The statute at issue, California Elections Code § 9002(b), requires that the amendments be "reasonably germane" to the original measure. Does that phrase stretch far enough to take an initiative that is…
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Lots of seemingly justifiable outrage after lenient California sentencing of privileged man convicted of three felony counts of sexual assault
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"Tax Benefits of Government-Owned Marijuana Stores"
The title of this post is the title of this notable new article authored by Benjamin Leff and now available via SSRN. Here is the abstract: Over a year ago (March 7, 2015), a little store called the Cannabis Corner opened up in the small town of North Bonneville, Washington,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/f6lEz6XsNU0" height="1" width="1" alt=""/>
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Hillary on the Cusp of Historical Nomination
It's just about over. After her win this weekend in Puerto Rico, will reach the magic number tomorrow. Hillary Clinton will be the presumptive nominee of the Democratic party. As for Bernie, I hope he goes off for a long overdue nap. The... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Recall the Judge Who Bought "20 Minutes of Action"
I would say that criminal defense reached a new low when part of the sentencing package for a convicted rapist characterized his unusually demeaning and ugly sexual assault as "20 minutes of action."The problem is that it's nether new nor a low. It is, however, a rare public window into what goes on with the "client-uber-alles" mentality of criminal defense.Let's just say it out loud: To the defense side, victims are human garbage. Their rights count for zip. Their humanity counts for zip. And the legal profession tolerates it.But we don't have to tolerate the judge, Aaron Persky, who then cheerfully gave the rapist -- a college athlete who could easily have overpowered the victim even if she had been conscious, which she was not -- six months in the county jail (of which he is likely to serve just three). The voters can get Judge Persky removed.It should not take a politically…
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Are any criminal justice researchers or marijuana reform groups taking a very close look at marijuana arrests in recent years?
The question in the title of this post is prompted by seeing today these two notable headlines about marijuana arrests in two notable cities: "Marijuana Arrests on the Rise in NYC Despite Mayor's Lenient 25-Gram Rule" "Dallas' Black Population Faces Much Higher Odds of Arrest for Marijuana than Whites"<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/YbfI59P5T6U" height="1" width="1" alt=""/>
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No Drugs Located after Drug Dog Alerted on Vehicle
Utah motorists may wonder what their rights are regarding searches from a drug dog of their car and what to do when no drugs are located after an alert on a vehicle. Sniffing isn’t considered searching Just as an officer is allowed to look in a window to see if drugs are in plain view, […] The post No Drugs Located after Drug Dog Alerted on Vehicle appeared first on Salt Lake Criminal Defense Attorney.
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Law Requiring Ignition Interlock Devices for California DUI Passes Senate
On Tuesday of last week, the California Senate passed a new bill that would require all people convicted of a California DUI to have an ignition interlock device installed on their vehicle. Senate Bill 1046 will now be sent to the California Assembly for consideration. Under a current pilot program here in California, only four counties require the installation of an ignition interlock device following a DUI conviction; Alameda, Los Angeles, Tulare, and Sacramento. A first-time DUI requires installation for five months upon eligibility to drive either with a restricted license or a full reinstatement of driving privileges. The pilot program also requires an IID for 12 months for a second-time DUI, 24 months for a third DUI, and 36 months for a fourth or subsequent DUI. If you don’t already know, an ignition interlock device is a breathalyzer that is installed into the dashboard of a person’s vehicle. The device must be blown into before the engine can be started,…
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Drug Possession Charges & Punishment in Monmouth County NJ
The severity of the penalties for drug possession depends upon the type of substance and the amount seized. Drug offenses can result in mandatory prison time and the sentences surrounding drug offenses are increasing in severity. If you’ve been charged with felony drug possession, trafficking, or narcotics sales you can face heavy fines and lengthy prison sentences if convicted. As a Lawyer who concentrates on drug crime defense cases, Ian Goldman can make sure that you receive the legal advice
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Lawyers, Online Marketing, Yada-Yada
Lawyers. At the end of the day, we’re not just professionals providing a necessary – if frequently maligned, and even despised – service that, when it comes to criminal defense lawyers in particular, forms a core part of the traditionally-hyped freedom Americans enjoy. We’re also business people. And like other business people, if we intend to stay alive, we need business. We need people to hire us. One way, or another, we need advertising. That advertising can take many forms. The “best” advertising is advertising that doesn’t feel like advertising. For example, you suddenly find yourself, or a close relative such as your son, husband, wife, daughter, is in trouble – someone important enough to you that you are willing to hunt down the best of the vile despicable creatures you normally malign, in order to obtain the best defense of that relative that you can afford. A friend, co-worker, or acquaintance mentions to you that they…
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Today's criminal law/procedure cert grants
Issue summaries are from ScotusBlog, which also links to papers: Moore v. Texas: Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on...
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Sky Shops....
....for Records.Some of my favorite episodes of these two web only shows.
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My Top Ten Most Beautiful Individuals: #8, M.I.A.
Because she's radiant.And a revolutionary.And says what's on her mind.Bob Dylan and John Lennon all rolled up in one, mixed with a little Grace Jones.Her songs are fantastic.Has a backbone. A spine. Strong Woman Defined.
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"AP: police departments not filing hate crime reports"
From Jurist: An Associated Press (AP) investigation has found [AP report] that thousands of police agencies across the country do not submit hate crime reports to the FBI. Although many agencies and departments would only file zeros, federal guidelines call...
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"Outrage in Stanford Rape Case Over Light Sentence for Attacker and Statement by His Father"
From The New York Times: A sexual assault case at Stanford University has ignited public outrage and a recall effort against a California judge after the defendant was sentenced to six months in a jail and his father complained that...
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