In order to win at Court, the State needs to meet its burden to show that the Defendant committed the crime. The statue must prove each element of the crime beyond a reasonable doubt. If the State can not meet that burden, then the Defendant wins! In Order to get a Conviction the State Must […] The post Second Offense OUI Refusal Dismissed! appeared first on The Nielsen Group.
Second Offense OUI Refusal Dismissed!
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Top Ten: August 14, 2016
10. The concept of "sifting" a witness. On cross-examination, the objection of "asked and answered" is usually irrelevant. Why? Because the whole purpose of cross-examination is to take the witness through their testimony from different angles. So a question will, at times, be asked several times in a different context.The concept of "sifting" is fundamental in impeachment treatises and advocacy manuals of yore.To read your advocacy texts from the early 20th century is like opening a treasure chest.All hail the law library.9. Batson warned that the party that is excusing a juror does not rebut a prima facie case of discrimination "merely by denying that he had a discriminatory motive or affirming his good faith in making individual selections." Watson v. Kentucky, 476 U.S. 79, 98 (1986) (alterations, internal quotation marks, and citation omitted). Instead, the party who is attempting to strike the…
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"Should I be more troubled by drug dealers facing homicide charges after customers' overdose death?"
Doug Berman has this post at Sentencing Law & Policy, excerpting and commenting on a recent A.P. article which states, in part: That's when Millette earned a dubious distinction: He became one of a growing number of dealers around the...
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Amy and Julian's Interview
On Democracy Now.Fantastic interview.This is why the Nobel Prize is coming.Transparency and openness are the only paths forward.http://www.democracynow.org/2015/5/27/julian_assange_despite_congressional_standoff_nsa
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Wheatle on The Homosexual Advance Defence
Se-shauna Wheatle (Durham Law School) has posted The Constitutionality of the ‘Homosexual Advance Defence’ in the Commonwealth Caribbean ((2016) 16 Equal Rights Review 38) on SSRN. Here is the abstract: Defences to homicide have often been characterised as “concessions to...
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Am I a Fugitive From Justice?
In Las Vegas, the lights are bright, the clubs are dim and the streets are thronged with people. Could there be a better place to melt into the scenery? Not if you’re a fugitive from justice (NRS 202.005). If you happen to be one and think of Nevada as the perfect hideaway, you might want to think again and consider that criminal attorney. A Federal Crime in the Making People who cross state lines in an attempt to avoid incarceration or criminal prosecution will have added a federal crime to their roster of mistakes. Fleeing from one state to another will make you a fugitive from justice if you do so after: Having committed or attempted to commit a felonious infraction. Having used explosives or fire to damage a vehicle, school, home, church, synagogue or other building or structure. Being summoned to testify in a criminal trial related to any of the above offenses. For anyone attempting to escape in this manner, heartaches are bound to double. The activity by definition…
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El Chapo's Son: Kidnapped in Puerta Vallarta or Not?
It's amazing how bad some news reports are. They just publish without fact-checking. Memo to the AP, AFP and Australia News and other news outlets: This photo is not Alfredo Guzman-Salazar or any son of El Chapo. It's a nobody 23 year old... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Bank Robbery by a Woman is Unusual
The Las Vegas Sun recently reported that a woman, whose name has been withheld, was arrested for allegedly robbing two Las Vegas banks just an hour apart. She went into Wells Fargo first and then went to the Bank of America one hour later. The suspect was later arrested by the Las Vegas police only three hours later on Saturday afternoon. Nevada takes robbery very seriously, especially when it puts innocent people in jeopardy. It can be a very complicated charge because there are many elements included in the statue. NRS 200.380 has the definition according to Nevada statutes, and it is a significant detail to note whether force was used or not. Robbery is a category B felony, which is second only to murder and sexual assault. It is punishable by a minimum sentence of 2 to 5 years and a maximum sentence of up to 15 years, especially if a “deadly weapon” was used. Robbery is considered a violent crime, so this double bank robbery seems to be completely out of…
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Operation Broken Heart: Stopping Child Predators
Operation Broken Heart in Texas Law enforcement agencies across the nation are engaged in a continuing effort to stop the harm caused by child predators. One of the most successful operations that has been conducted in the name of this effort is Operation Broken Heart. This widespread operation has been very successful in catching child predators in the act of committing felonies. Technologies like social media and online gaming have provided potential child predators with additional avenues to target minors. As a response, law enforcement agencies have been engaging in sting operations that use these technologies to catch predators before they can do any harm. What Is Operation Broken Heart? Operation Broken Heart is a specialized operation that coordinates the efforts of federal, state and local law enforcement agencies. It represents a joint strategy between these agencies to target, arrest and prosecute child predators who attempt to use the Internet to contact potential…
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DC Criminal & DUI Defense Lawyer on Arrest Procedures
For family members and loved ones of those arrested can experience intense anxiety, fear, and stress. First and foremost, when someone in DC gets arrested, the police will not likely give accurate information as to where they will take the person. If the police have told you that the person will be taken to Central Cellblock, you can call and find out if that is correct. Central Cellblock is located next to DC Superior Court at the Metropolitan Police Headquarters. The contact information for Central Cellblock is: 300 Indiana Ave., NW Washington, DC 20001 Phone: (202) 727-4222 Fax: (202) 727-2230 Unfortunately, the police will not permit a family member to visit a friend or loved one at Central Cellblock. However, if you hire a DC criminal defense attorney, the police will permit the attorney to visit the arrested person. At Scrofano Law PC, we will visit a family member and your behalf night or day on a Saturday, Sunday, or any day of the week. As…
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Michigan Residents File Pokemon Go Class Action Lawsuit
The attorneys at Pomerantz Law are at it again, and are attorneys of record in a Michigan class action lawsuit against Niantic and Nintendo. The allegations in the Michigan complaint overlap significantly with those in a Massachusetts class action lawsuit that I blogged about at the beginning of August filed by a Massachusetts resident. Both complaints were filed in the District Court for the Northern District of California.Click On Detroit reports about the new class action -- which also alleges causes of action for nuisance and unjust enrichment -- filed by a Michigan couple living in St. Claire Shores, a suburban town located near Detroit that will be holding a Fence Arbitration meeting today for those who may have forgotten to mark their calendars. Reporting by Bloomberg Markets (on the lawsuit, not the Fence Arbitration meeting) can be found here.A copy of the Complaint can be found attached to the Click on Detroit article. Its substance significantly overlaps with the…
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What Conditions Can a Judge Place Upon You if You are Convicted of a Crime?
Persons convicted of sex crimes against children are often required to stay away from parks and playgrounds as part of their sentence. Someone in California who is convicted of drunk driving could be ordered to stay away from liquor stores. So, is it unconstitutional to order a man convicted of stealing from Home Depot to stay away from any Home Depot store? If you are convicted of a crime and placed on probation, you will likely to have to follow many conditions that are related to your crime. But can a judge place any probation conditions on you that he or she pleases? When are probation conditions illegal? Explaining How California Probation Works Probation is a type of punishment for a crime in California that allows you to serve your sentence without being held in custody in jail or prison. You will be released back into the community, but only with the expectation that you follow certain terms and conditions. If you fail to follow any of these conditions or appear at any…
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CCA Facility Secretly Recording Lawyer – Client Meetings
How Safe are Criminal Lawyer Conversations with Clients? The Rising Danger to Attorney-Client Privileged Communications There is no justice to be had if there isn’t confidence in our ability to have safe and secure conversations with our lawyers, is there? This is particularly true when it’s a criminal defense attorney communicating with their client, who is either facing a prosecutor wanting to take their freedom (or their life), or who is already in prison and fighting for their release. It’s step one in any criminal lawyer’s day: protecting the privacy of things that are shared between lawyer and client. This cannot be underestimated — how important criminal lawyers take this duty. Of course, this used to be easier to do, before technology brought us things like smart phones, wireless cameras, and such. Now, things are more complicated. Lawyers work hard to make sure communications are safe. Here in our offices, for instance, we can…
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Excluding 404(b) Evidence for Unfair Prejudice
The Court Can Exclude Relevant Evidence if it Causes Unfair Prejudice The court of appeals recently addressed rule 404(b) and the “unfair prejudice” standard for excluding relevant evidence in State v. Rackham. In the Rackham case, a sexual battery case, the court of appeals held that evidence from other women was relevant but caused unfair prejudice so was inadmissible. In Rackham, sixteen-year-old K.M. has had many incidents with Rackham, her twenty-four-year-old relative, where he would touch her inappropriately. On July 23, 2010, Rackham came up behind K.M. while she was bending over into her car door and put his hands on her stomach. After pushing him away, he approached K.M. again and put his hand under her shirt and brushed her breast. During previous encounters, K.M. has had to tell Rackham to not touch her after he would lift up her shirt, grab her butt, etc. K.M. told her parents about these encounters, and her father confronted Rackham as well as…
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U.S. Army Sergeant Conan Acevedo of Tamarac, Florida Arrested for DUI Causing Death
Conan Acevedo of Tamarac, Florida was arrested in the early hours of August 7 after allegedly crashing into and killing 18-year-old Nicolas Garcia while under the influence of alcohol. Acevedo, 40, faces charges that include failure to obey a traffic signal, DUI when accompanied by a minor, and DUI causing death. Acevedo’s first-appearance court session took place on 8 August where he was ordered to be held in lieu of a $52,500 bond. He posted bail later that day and is allowed to drive a vehicle as long as he is sober. According to the arrest report, the accident occurred at 2:30 a.m. on Northwest 70 Avenue, just five minutes away from Garcia’s Tamarac home. The Coral Glades High School graduate was driving south on Northwest 70 Avenue in his Honda Civic after spending the night with his friends when Acevedo, who was traveling west, purportedly ran a red light and crashed into Garcia’s driver side door. Garcia suffered extensive injuries and was flown…
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Judge Sentences DUI Doctor to Jail
Although judges may try to be impartial when hearing cases of DUI in Los Angeles or any other locale, in reality, the occupation of the defendant can impact the way that the justice system treats them. But sometimes the accused driver presses his luck too far. In Illinois, Cook County Judge James Karahalios sent Dr. William Malik, an orthopedic surgeon, to prison for six years for aggravated DUI and criminal damage to property. The court had given Malik many opportunities to change his ways; the physician had six previous DUI arrests dating from 2005 in several different jurisdictions in Illinois and in Wisconsin, according to a Chicago Tribune news report. In the latest incident, which took place earlier this year, Malik was driving his Lincoln LS when he sideswiped a parked car, drove onto a lawn and then hit a garage and two fences. The arresting officer reported that Malik said “At least I didn’t hit anybody.” Malik has undergone treatment for alcoholism…
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DUI Punishment in Minnesota Over The Years
Believe it or not, drunk driving has only been prosecuted in Minnesota for 105 years. The Minnesota legislature first made it illegal to “drive while in an intoxicated manner” in 1911, but the law has certainly evolved from there. Today, we take a closer look at how DUI laws have been adopted and tweaked in Minnesota over the years. A History of Minnesota DUI Laws Here’s a look at how DUI laws have been shaped in Minnesota over the years: The definition of under the influence is set at 0.15 Blood Alcohol Concentration (BAC) in 1917. Minnesota first institutes civil sanctions for DWI – in the form of the Implied Consent Law – in 1961. Minnesota becomes the first state to attach administrative license sanctions at a “per se” level of .10 BAC in 1971. The state began impounding license plates of drunk drivers in 1988. Refusing to comply with a BAC test becomes a criminal offense just a year later in 1989. The state adds the Child…
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Chicago’s Database of Likely Killers and Victims
The Chicago Police Department (CPD) has a list of Chicagoans who are believed to be at risk of either killing or being killed. The police started compiling their Strategic Subject List three years ago in an attempt to save the lives of everyone listed, reports the Chicago Tribune. One by one, individuals on the strategic subject list are visited during a proactive well-being check. These checks, known as “custom notifications,” do not involve arrests but instead conversations and warnings. Officers warn listed individuals that they have been identified as being at risk for killing or being killed and that there are alternatives for safer lifestyles available to them. Depending on the circumstances, officers sometimes bring community activists or religious leaders with them during these well-being checks. What Factors are Used to Generate Chicago’s Strategic Subject List? The police have not precisely explained the factors that are being used to identify…
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A Look at the Legal Limit for Drunk Driving
Despite what many people think, drinking and driving is not a crime. It is perfectly legal for someone to have a beer and then get behind the wheel of a car and drive, so long as their blood alcohol content (BAC) is not at or above the legal limit of 0.08 or they are not otherwise intoxicated even at a lower limit. The limit of 0.08 grams of ethanol (drinking alcohol) per hundred milliliters of blood was imposed in all states in 2000 through a federal law, even though the vast majority of states had already adopted the standard by that time. However, some states still maintained their legal limit at 0.10, which is actually significantly higher that the current legal requirement, as 0.02 can have a major effect on one’s level of intoxication with respect to the ability to safely drive a motor vehicle. While Congress technically does not have the power to force states to lower their legal limit, they are constitutionally allowed to tie the act to highway funding…
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Brady Violations and "My Cousin Vinny" Revisited
Earlier this week, we used a memorable scene from "My Cousin Vinny" to discuss Brady violations. As a recap, prosecutors must provide their evidence to the defense, especially when the evidence favors the defendant. And, like all good subplots, the issue must reoccur during the climax of the movie. What is interesting is that the recurring subplot in "My Cousin Vinny," is very similar to the response we received from our last post. Let's discuss: We left off when Vinny obtained the prosecutor's file. With all the information, Vinny was able to cut against state's evidence and the witnesses' credibility. One witness had significant eye issues, another had an obstructed view of the incident, and another provided an incorrect timeline. ("Are you sure about that 5 minutes?") Just before the state rested its case, Vinny received a late night phone call from the prosecutor--or as Minnesota…
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