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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    Defendant had a Franks challenge and lost. One 2255 claim is that if defense counsel investigated more, it would have been a better Franks motion, but he fails to state what else would have been found to make it better. … Continue reading →

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    The record supports that defendant consented to his probation search. Giving the alarm code helps show consent. There was no objection to the probation search at any time. United States v. Wilson, 2018 U.S. Dist. LEXIS 8815 (D. Neb. Jan. … Continue reading →

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    If you enjoy watching courtroom dramas on television, then you have probably heard the terms “felony” and “misdemeanor” bantered about quite a bit. Yet perhaps you were not quite sure of their precise definitions. In the legal world, the meaning of these terms are quite important as they are used to distinguish one class of criminal offenses from another. Misdemeanors Misdemeanors are typically crimes that are punishable by incarceration for up to one year and payment of a fine. Those who are sentenced to serve time for a misdemeanor offense are generally placed in county jail. Additionally, in certain misdemeanor trials, court appointed defense attorneys are available for defendants who cannot afford one. Felonies Felonies, on the other hand, fall into a more serious classification of crime and are generally punishable by incarceration in excess of one year and payment of a substantial fine. Offenders ordered to serve time for a felony offense…

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    North Carolina law allows you to name multiple executors for your estate. Parents with more than one child may sometimes wish to name co-executors to avoid hurt feelings caused by choosing one child over the other. However, there are some downsides to naming co-executors that should be considered before using this method of estate administration. How Co-Executors Administer Your Estate The major drawback of naming co-executors is that they must work together on all aspects of the estate’s administration. In other words, they need to unanimously agree in order to get something done. This is true when there are two co-executors, while a majority of executors must approve an action if there are three or more co-executors. Obviously, this can create problems if the co-executors have a disagreement. If you insist on having co-executors, you can get around this issue by stating that the executors have joint and several powers, which allows each executor to individually act on…

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    The most common “solution” to improper police practices is better training. And, indeed, better training, such as de-escalation rather than resorting to force, would certainly be a positive step. But what’s rarely noted is that there’s training, and there’s “training,” where the wizened old cop teaches the rookie how it’s “really” done. A Louisville Metro Police recruit received some impromptu training from then-assistant police chief of Prospect, Todd Shaw. Shaw served with LMPD for more than 20 years before joining the Prospect department in 2012. In one of the Facebook messages, the LMPD recruit asked Shaw what to do in a scenario in which he catches three juveniles smoking marijuana. The question was part of a paper the recruit was writing about “the right thing to do,” according to O’Connell’s letter. “F— the right thing,” Shaw allegedly responded. “If…

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    Driving over the speed limit and driving while intoxicated (DWI) are separate driving offenses – but if you combine the two, you may be looking at increased penalties. Certainly, the penalties will add up, since you can suffer the penalties for each offense. However, the penalties for DWI may be worse if you were speeding, and the penalties for speeding may be worse if you were drunk while speeding. If you were charged with any serious traffic offenses like driving under the influence of drugs or alcohol, talk to an attorney right away. The Atlantic City DWI defense lawyers at The Law Offices of John J. Zarych represent those charged with DWI and other crimes in South Jersey. What are the Penalties for Speeding and DWI? DWI is illegal under N.J.S.A. § 39:4-50. This places it under the “Motor Vehicles and Traffic Regulations” section of New Jersey’s laws, but it is still treated as a serious crime. With this treatment, it is no surprise that the…

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    George appealed his 259 month sentence imposed after a jury trial resulted in his conviction for conspiracy to engage in drug distribution, Hobbs act robbery, possession of unauthorized access devises, and aggravated identity theft activities. He was acquitted of possession of a firearm in furtherance of a drug trafficking offense. The facts in George’s case began when responded to an advertisement for luxury car rentals and met Pinkow, the owner. Unbeknownst to George, Pinkow, the owner of the car rental company was an informant for the FBI. Pinkow introduced George to Velez, a licensed barber because George expressed and interest in opening a barber salon. The salon did open and was divided into two rooms. The front room contained the barber shop and the back room contained computers, phones, embossing machines, card-scanning machines and items that had nothing to do with the barber business operating in the front room. George also kept a firearm at the front of the…

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    BRENTWOOD, N.H. — by Jennifer Crompton, News reporter WMUR Continue reading →

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    IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 01/22/2018 07:48 a.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash northbound Interstate 15 at milepost 21. Both northbound lanes are blocked at this time. 4069 / 3761 -------------

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    Three Harris County magistrate judges were sanctioned by the State Commission on Judicial Conduct for failing to grant personal bonds to low-risk defendants who deserve them, reported the Houston Chronicle, and their reaction seems, to this writer, tantamount to an admission of the allegations in the federal litigation pending at the 5th Circuit.The rebuke by the Texas Commission on Judicial Standards cites hearing officers Joseph Licata III, Jill Wallace and Eric Hagstatte with a public admonition and ordered them to take additional educational instruction. The order from commission chair, Justice Douglas S. Lang, said the board took into consideration that the hearing officers testified on Dec. 7 in Austin that they had been told by Harris County criminal court judges they should not grant cash-free bonds or more affordable bond rates. They said they feared they would be fired if they didn't comply. (emphasis added)So the magistrates' defense was that elected…

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    National Teen Driver Safety Week was held from October 15 – 21 last year. Teens record a higher than average number of accidents and the awareness week was held to alert them to the risks. Some of the initiatives included boosting seat belt use among teens. Studies repeatedly show seat belt use among teens is lower than older age groups. Research on Teendriversource found 2,206 young adults aged under 20 were not wearing a seatbelt when they died in car crashes in 2013. That was just over half of the teens who died that year. In 2015, 6.1 percent of teen passengers said they rarely or never wore a seat belt recently, nearly 20 percent down on 1991. Teen issues were Highlighted during National Teen Driver Safety Week Unsurprisingly, teens from states with primary enforcement seat belt laws are more likely to wear seat belts than teens in other states. They were found to be 12 percent more likely to buckle up compared to teens in states with secondary seat belt laws.…

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    None of us really wants to be on the other side of the  justice system. But when we find ourselves in such a position, it is essential that we face the problem head on, and deal with it immediately. Unfortunately, warrants do not just disappear.  Avoiding or postponing the inevitable will almost certainly result in more severe consequences. In criminal cases, failure to appear at a scheduled court date may result in the judge issuing a warrant for your arrest. If this happens, you will need to act immediately; police may take you into custody at any time. Bench Warrants vs. Arrest Warrants Warrants are issued for a multitude of reasons. In MA, there are two primary types of warrants – bench warrants and arrest warrants. The differences between the two are explained below. A bench warrant may be issued if you fail to appear for a scheduled court date. Police have the authority to take you into custody if you have an outstanding bench warrant. In addition to…

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    A minor fender bender in Rochester spiraled into chaos after the drivers confronted one another, and it ended when one driver shot the the other. The shooter now faces second-degree murder charges, but he’s claiming self defense. Avery Appelman was recently interviewed by the Star-Tribune to discuss the intricacies of the case, and we want to share them with you as well in today’s blog. From Crash To Chaos The incident began on the morning of January 14. Roads were slick that day, and as 25-year-old Alexander Weiss followed a car towards a stop sign, he watched the car in front of him slide past the sign and into the intersection. Weiss continued forward to stop at the appropriate mark in front of the stop sign, but the driver of the other vehicle, 17-year-old Muhammed Rahim, decided to put it in reverse and back up towards the stop sign he’d just slid through. Not knowing Weiss was there, Rahim backed into Weiss in what police described as a minor fender…

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    Justice Thomas delivered the opinion of the Court in District of Columbia v. Wesby. Justice Sotomayor concurred in part and concurred in the judgment. Justice Ginsburg concurred in the judgment in part.

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    IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 01/22/2018 09:07 a.m. Please direct questions to the District Office ******UPDATE***** One lane of travel is now open. 4069/3761 ********************************************************************* The Idaho State Police is currently investigating a crash northbound Interstate 15 at milepost 21. Both northbound lanes are blocked at this time. 4069 / 3761 -------------

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  • 01/22/18--08:19: Monday Open Thread
  • I'm not having much fun with Pneumonia. Last week I spent five days in the hospital (Monday until Friday) getting fluids administered intravenously. The antibiotics were brutal. They did the job, I'm pneumonia free, but they wiped me out.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

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    Risk assessment tools are starting to take root in the criminal justice system. They’re used to make decisions about pretrial release, sentencing, and the level of supervision or custody to which a defendant will be subject. Some of the results are encouraging. For example, Mecklenburg County uses a risk assessment developed by the Laura and John Arnold Foundation to help make pretrial release decisions. The pretrial services office there reports that the risk assessment has contributed to “transformational change” in how pretrial justice is administered, with fewer secured bonds being imposed the jail population falling with no harm to public safety. Based in part on Mecklenburg’s success, the North Carolina Commission on the Administration of Law and Justice encouraged the creation of a pilot project that would “implement and assess more broadly . . . an empirically derived pretrial risk assessment tool.” Risk assessment tools are not…