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Ohio Criminal Defense Law

Covers criminal defense law, OVI law, and Constitutional law. By Zuckerman Daiker & Lear Co. LPA.

http://www.ohiocriminaldefenselaw.net/

Jun 3
ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle

ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle

In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client's vehicle after observing that client's vehicle did not have a front license plate. The Trooper testified that he detected a strong odor of an…
Jun 3
ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana

ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana

In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client's operating a motor vehicle while under the influence of alcohol ("OVI") and possession of marijuana charges. State Trooper stopped client for not…
Jun 3
ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor

ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor

In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol "OVI" in violation of City of Cleveland Ordinances…

Rank this Week: 4450

West Virginia Lawyer Blog

Covers criminal appeals and personal injury law. By Wolfe Law Firm.

http://www.westvirginialawyer-blog.com/

Jun 3
United States Supreme Court Holds That DNA Swabs Do Not Violate the Fourth Amendment in Maryland v. King

United States Supreme Court Holds That DNA Swabs Do Not Violate the Fourth Amendment in Maryland v. King

In news that could have implications for West Virginia criminal defense attorneys, as well as defense attorneys throughout the United States, the Supreme Court recently ruled that police officers were permitted to conduct DNA swabs upon…
May 23
New Survey Finds That National Rate of Foreclosures Has Fallen Almost 25 Percent Within a Year

New Survey Finds That National Rate of Foreclosures Has Fallen Almost 25 Percent Within a Year

In what may be good news for West Virginia families, a recent survey from Lending Processing Services found that across the nation, the number of Americans involved in the foreclosure process has fallen by almost 25% since April 2012. …
May 15
Former Sheriff Pleads Guilty to Using Excessive Force in the Pursuit of a Bank Robbery Suspect

Former Sheriff Pleads Guilty to Using Excessive Force in the Pursuit of a Bank Robbery Suspect

A former Jefferson County sheriff was recently sentenced to just over one year in prison for using excessive force while arresting a bank robbery suspect. Sheriff Robert Shirley was sentenced in federal district court, and faces 18 months of…

Rank this Week: 412

Colorado Springs Criminal Law Blog

Covers Colorado drug charges, DUI, sex crimes, theft and traffic violations. By Timothy Bussey.

http://www.coloradospringscriminallawblog.com/

Jun 3
Understanding Colorado DUI Penalties for Drivers Under Age 21

Understanding Colorado DUI Penalties for Drivers Under Age 21

Like other U.S. states, the minimum legal drinking age in Colorado is 21 years. People who are younger than 21 years of age are not legally permitted to drink alcohol in Colorado, whether or not they are driving a motor vehicle. As a result,…
May 16
THC Driving Bill Passes Colorado Senate, Awaits Governor’s Signature

THC Driving Bill Passes Colorado Senate, Awaits Governor’s Signature

Colorado drivers now need to learn new limits for Driving Under the Influence of Drugs (DUID). House Bill 1325, which sets limits on blood levels for driving after smoking marijuana, has been passed by the Colorado Senate and now awaits…
May 15
House Bill 1077 Proposes Changes to DUI Law

House Bill 1077 Proposes Changes to DUI Law

The General Assembly is currently debating whether they should sign in House Bill 1077. House Bill 1077 would be instrumental in changing current laws regarding DUI, DUI per se, and DWAI arrests. The bill would allow drivers to challenge…

Rank this Week: 2797

Arizona Criminal Law & Sex Crimes…

Arizona Criminal Law & Sex Crimes Post

Covers crimes and criminal defense. By Vladimir Gagic.

http://www.azcriminallawsexcrimes.com/

Jun 3
A DUI suspect's consent to a blood draw must be voluntary

A DUI suspect's consent to a blood draw must be voluntary

I thought I had heard it all, and not in a million years would I think that the very conservative Arizona Supreme Court would not fall in conformity to the Thin Blue Line. Thankfully, I am wrong. In a Earth shattering decision, the Arizona…
May 24
Should Jodi Arias Accept a life sentence? No...

Should Jodi Arias Accept a life sentence? No...

One of the peculiarities of the death penalty process in Arizona is that the same jury that decides guilt or innocence also decides whether someone convicted of first degree murder is sentenced to life or to death. In the Jodi Arias trial, as…
May 17
Multi-millionaire Fred Knadler's Attorney is... a Public Defender?

Multi-millionaire Fred Knadler's Attorney is... a Public Defender?

Fred Knadler is in jail for what police claim is soliciting hitmen to kill his wife and an employee. He is the multimillionare founder of Arizona Shower Door Company. So if he has so much money, why has the Court appointed him a public…

Rank this Week: 3493

Kathryn L. Harry & Associates,…

Kathryn L. Harry & Associates, P.C. Blog

Covers criminal news in the Chicago land area.

http://www.illinoiscriminallawlawyer.com/

Jun 3
REESE WITHERSPOON ARREST…AVOID HER SAME MISTAKE!

REESE WITHERSPOON ARREST…AVOID HER SAME MISTAKE!

By now we have all heard the story and the apology of the Oscar-winning actress, Reese Witherspoon, about her embarrassing behavior during the recent DUI arrest of her movie-agent husband, James Toth. According to CNN, Witherspoon was in…
May 24
HIGH COURT SAYS NO BLOOD TEST WITHOUT A WARRANT FOR DUI

HIGH COURT SAYS NO BLOOD TEST WITHOUT A WARRANT FOR DUI

On April 17, 2013, the United States Supreme Court held that any person who is suspected of driving under the influence cannot be automatically subjected to blood testing without a warrant and without consent. It has been routine practice in…
Mar 20
Telemarketing Fraud – a White-Collar Crime

Telemarketing Fraud – a White-Collar Crime

Talking on the phone is such a natural process – some of our best conversations happen there. However, there are people out there who use the phone to scheme ways to get your hard earned money through telemarketing fraud – when…

Rank this Week: 2335

South Florida Criminal Law Blog

Covers Florida criminal law. By the Law Firm of Anidjar & Levine.

http://www.southfloridacriminallawblog.com/

Jun 3
Supreme Court OKs DNA Testing for Arrestee

Supreme Court OKs DNA Testing for Arrestee

The U.S. Supreme Court recently approved the practice of taking DNA samples from persons arrested for a "serious offense". In a 5-4 decision issued June 3, the high court ruled that the sampling is not an unlawful search under the Fourth…
May 28
High Court Says Use of Drug Dogs Outside Home Requires Probable Cause - Florida v. Jardine

High Court Says Use of Drug Dogs Outside Home Requires Probable Cause - Florida v. Jardine

Earlier this year, the U.S. Supreme Court sent down a decision in Florida v. Jardines that is likely to have a big impact on law enforcement use of drug-sniffing dogs. The Miami-Dade Police Department and federal agents from the Drug…
May 22
Florida Court Revokes Pretrial Release for Man Charged with Stalking from Jail - Santiago v. Ryan

Florida Court Revokes Pretrial Release for Man Charged with Stalking from Jail - Santiago v. Ryan

Many people who are charged with crimes in Florida are allowed to remain out of jail while preparing for trial. As the Third District Court of Appeal explains in Santiago v. Ryan, however, a defendant only gets "one shot" at release and is…

Rank this Week: 5014

The Charge

Incorporates history and legal analysis to raise questions on criminal justice issues. By Victoria Nadel.

http://vln-thecharge.blogspot.com/

Jun 3
Political Last Will and Testament

Political Last Will and Testament

How far back must we go to find our political will - to a place and time when democracy worked - when politics was able to advance the best interests of the people? Perhaps we must travel to a time when those not yet enfranchised to…
May 27
Memorial Day Mentality

Memorial Day Mentality

Crimes are comprised of action plus intent. We call the intent element, a factor the government must prove beyond a reasonable doubt, mens rea. Intent, like any other element of the offense must be proven beyond a reasonable…
May 20
Discovering the Root and Legacy of Brady v. Maryland

Discovering the Root and Legacy of Brady v. Maryland

Brady v. Maryland, 373 U.S. 83 (1963) ("Brady") is an odd case to celebrate as some sort of coup for defendants. Brady is more of a puzzle than an answer - it exemplifies in many ways the struggle between the three branches of…

Rank this Week: 2844

The HMA Law Firm Blawg

Covers immigration and criminal law. By Hassan M. Ahmad.

http://www.hmalegal.com/blawg.html

Jun 2
Undocumented Immigrants Can Get Driver’s Licenses in Some State

Undocumented Immigrants Can Get Driver’s Licenses in Some State

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May 21
Comprehensive Immigration Reform (CIR): From Proposal To Law

Comprehensive Immigration Reform (CIR): From Proposal To Law

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May 1
New Immigration Bill Shouldn't Prioritize Business Over Family Immigration

New Immigration Bill Shouldn't Prioritize Business Over Family Immigration

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Rank this Week: 4665

Massachusetts DUI Lawyer Blog

Covers OUI and DUI news and updates for the state of Massachusetts. Published by Stephen Neyman, P.C.

http://www.massachusettsduilawyerblog.com/

May 31
A Look At Some Legal Fictions and Their Relation To Massachusetts OUI Charge

A Look At Some Legal Fictions and Their Relation To Massachusetts OUI Charge

Lon Fuller, a legal philosopher and law professor, was known for, among other things, his careful analyses of legal fictions, which are basically assumptions in the law that something false is true. Fuller once identified the following three…
Mar 19
How a Police Officer's Words in His Report Are Interpreted by a Massachusetts Criminal Lawyer Defending an OUI Case

How a Police Officer's Words in His Report Are Interpreted by a Massachusetts Criminal Lawyer Defending an OUI Case

The New York Police Department is going to start using the word "collision" instead of the word "accident" to describe drunk-driving crashes, a move which the New York Times described as a "symbolic semantic…
Feb 28
A Different View of Drinking and Driving and Providing Viable Alternatives Might be More Effective Than Making Stricter Law

A Different View of Drinking and Driving and Providing Viable Alternatives Might be More Effective Than Making Stricter Law

An Irish council passed a motion in January to permit rural drinkers to drive home on certain isolated backroads and at a restricted speed. The County Kerry Council voted 5-3, with seven members abstaining and 12 absent, to issue permits...

Rank this Week: 1692

Atlanta Criminal Lawyer Blog

Covers traffic and criminal law news. By Nagel & Associates.

http://www.atlantacriminallawyerblog.com/

May 31
Attorney Tom Nagel discusses the legality of cussing at the police

Attorney Tom Nagel discusses the legality of cussing at the police

Charges of disorderly conduct were recently dropped by a judge in Cobb County Georgia in a case involving a woman who said "F--- the police" and "police suck" as she rode her bicycle past two officers questioning a burglary suspect. The…
Apr 17
Atlanta Attorney Tom Nagel explains the Court Plea & Arraignment Proce

Atlanta Attorney Tom Nagel explains the Court Plea & Arraignment Proce

You've been charged with a traffic violation, city ordinance violation, been arrested for a misdemeanor or felony and posted bond. What happens next? ARRAIGNMENT Your first court appearance is called Arraignment. The judge or clerk will…
Mar 12
Mug Shot Removal Law Passes Georgia House of Representative

Mug Shot Removal Law Passes Georgia House of Representative

You've been arrested. You hire an attorney and your charges are eventually dismissed. What's next? Google your name and see if your mug shot appears. You might find your book-in photo on one or more of the seventeen different mug shot…

Rank this Week: 4231

Kansas Defenders

Forum for discussion about issues and appellate decisions of interest to Kansas defenders.

http://kansasdefenders.blogspot.com/

May 31
Rare win under Uniform Mandatory Disposition of Detainers Act

Rare win under Uniform Mandatory Disposition of Detainers Act

Benjamin Fisher and Shawn Lautz won in State v. Burnett, No. 100,766 (Kan. May 31, 2013), reversing a Reno County conviction for aggravated weapons violation. The Court reversed the conviction based on a violation of the Uniform…
Apr 22
Justice Rosen wants justice in plea agreement

Justice Rosen wants justice in plea agreement

In State v. Jackson, No. 106,184 (Kan. April 12, 2013), the KSC reversed a 310-month sentence in a Jessica's Law case based on the failure of the district court to follow the proper procedures when it departed to a guidelines sentence (Carol…
Apr 19
"Patently egregious" comments in closing argument warrant new trial

"Patently egregious" comments in closing argument warrant new trial

Michelle Davis won in State v. Stimec, No. 103,329 (Kan. April 19, 2013), reversing two Wyandotte County convictions for aggravated indecent liberties with a child. The court held the prosecutor's statements made during rebuttal…

Rank this Week: 1033

New York City Criminal Blawg

By Arkady Bukh.

http://nycriminaldefenselawyer.blogspot.com/

May 31
New York DJ Arrested third time in Three Years for Prostitution Related Charge

New York DJ Arrested third time in Three Years for Prostitution Related Charge

On May 3, 2013, popular radio DJ and producer Mr. Cee was arrested for the third time on a prostitution related charge in the last three years. According to the New York Daily News, 46 year old Calvin Lebrun (Mr. Cee) was arrested in Brooklyn…
Apr 25
Terrorism Laws 101

Terrorism Laws 101

Crime of TerrorismThe crime of terrorism in New York is considered a class A-I felony offense and a serious violent felony crime. New York Statute 490.25 states that a person may be found guilty of the crime of terrorism when they intend to…
Oct 19
People Stealing More Apples in NYC

People Stealing More Apples in NYC

Yes, it is true Apple theft is up more than 40 percent this year in the Big Apple that is products made by Apple such as iPhones, iPads, etc. In the time period between January 1 and September 23, 2012, a total of 11,447 of stolen mobile…

Rank this Week: 3713

Bay Area Criminal Lawyers Blog

Covers criminal law and criminal defense issues. By Dudek & Cintean, LLP

http://www.bayareacriminallawyersblog.com/

May 31
3 Bay Area Men Arrested on Suspicion of Auto Theft, Burglary, Arson & Conspiracy

3 Bay Area Men Arrested on Suspicion of Auto Theft, Burglary, Arson & Conspiracy

Santa Cruz officials revealed that their investigation into an alleged crime spree that occurred earlier this month, has led to the arrest of three men suspected of burglary, arson, auto theft and conspiracy. Authorities stated that the…
May 27
Bay Area Athlete Extradited on Murder Charge

Bay Area Athlete Extradited on Murder Charge

A local Bay Area basketball player, Decensae White, was extradited to Atlanta last week in connection with the 2012 killing of a Georgia rapper. White was arrested for his alleged role in the murder in Redwood City last month, and is…
May 20
Property Crimes Rise Dramatically in the Bay Area

Property Crimes Rise Dramatically in the Bay Area

According to one recent report, property crimes, which include burglary, larceny, and auto theft, are on the rise across the Bay Area. According to data collected for the years of 2011 and 2013, property crimes are on the rise in Santa…

Rank this Week: 4464

NJ DUI Questions & Answers

Covers DUI charges and legal defenses. By Matthew W. Reisig.

http://www.newjersey-dui-attorney.com/blog/

May 30
Winning Strategy – Eagleswood Municipal Court, Ocean County

Winning Strategy – Eagleswood Municipal Court, Ocean County

State vs. (Client will remain Anonymous) Eagleswood Municipal Court, Ocean County Result achieved on Wednesday, May 22, 2013 This was a fascinating case. The client was charged with DWI, Refusal, and underlying motor vehicle charges. It was a…
Jan 22
Can A DWI Be Expunged In New Jersey?

Can A DWI Be Expunged In New Jersey?

No. Since DWI is not considered a crime in New Jersey, there is no need to expunge it from your record. Have you recently received a DWI in New Jersey and have questions regarding its impact on your record? If so, contact Attorney…
Jan 19
Can I Get A Provisional License After A DWI In New Jersey?

Can I Get A Provisional License After A DWI In New Jersey?

In New Jersey, you will not be allowed to obtain a provisional license if you received a DWI and had your license taken away. If you or someone you know has recently received a DWI charge and has questions regarding future driving privileges,…

Rank this Week: 2677

Texas Criminal Lawyer Blog

Covers arrests, criminal appeals, drug offenses, federal crimes and searches and seizure in Texas. By Michael J. Brown.

http://www.texascriminallawyerblog.com/

May 29
Appellate Court Must Defer to Trial Court's Findings of Fact, According to Texas Court of Criminal Appeal

Appellate Court Must Defer to Trial Court's Findings of Fact, According to Texas Court of Criminal Appeal

A court of appeals improperly substituted its own findings of fact for the trial court's findings when it reversed an order granting a motion to suppress. The Texas Court of Criminal Appeals reversed the appellate judgment and reinstated the…
May 24
Texas Court of Criminal Appeals Affirms Finding that Police Lacked Probable Cause to Search Backyard Without Warrant

Texas Court of Criminal Appeals Affirms Finding that Police Lacked Probable Cause to Search Backyard Without Warrant

The Texas Court of Criminal Appeals affirmed orders suppressing evidence obtained during the search of a backyard in an animal cruelty case. Texas v. Betts, No. PD-1221-12, opinion (Tex. Crim. App., Apr. 17, 2013). The defendant successfully…
May 23
Texas Man Sentenced to Prison for Federal Clean Water Act Violation

Texas Man Sentenced to Prison for Federal Clean Water Act Violation

A federal court in Louisiana sentenced a Texas man to five years in prison for allegedly dumping wastewater in violation of federal law at a facility in Shreveport. A jury convicted him in March 2012 on all five counts from the government's…

Rank this Week: 1905

Criminal Defense Lawyer | DUI…

Criminal Defense Lawyer | DUI Lawyer | Los Angeles | Orange County

Covers criminal laws and cases. By Gabriel Dorman.

http://www.criminaldefenseduilawyer.com

May 29
Huntington Beach DUI Lawyer Defense

Huntington Beach DUI Lawyer Defense

Today’s Huntington Beach DUI Lawyer Defenses is about the breath tests and the many physiological factors that can affect their accuracy. A breath test is, without a doubt, the most defensible of all the DUI chemical tests. The most…
Apr 4
Driver Arrested In Fatal Drug DUI

Driver Arrested In Fatal Drug DUI

Today’s Orange County DUI Lawyer News involves another fatal DUI crash and the arrest of the driver for a drug DUI. According to The Orange County Register, a Garden Grove man was arrested on Wednesday on suspicion of felony driving…
Apr 3
Los Angeles DUI Lawyer Case Result

Los Angeles DUI Lawyer Case Result

Los Angeles Superior Court – El Monte Courthouse CHARGE: 1st DUI with enhancement for refusing to submit to a chemical test. FACTS: Client was arrested for a DUI after getting involved in a traffic collision. Client did not speak or…

Rank this Week: 2736

Massachusetts Criminal Lawyer Blog

Covers warrants, license suspension, Massachusetts criminal offenses, and criminal defense issues. By Lewin & Lewin.

http://www.massachusettscriminallawyerblog.com/

May 29
OUI SERIOUS BODILY INJURY MANDATORY SIX MONTH SENTENCE AVOIDED

OUI SERIOUS BODILY INJURY MANDATORY SIX MONTH SENTENCE AVOIDED

On August 31, 2012, AS, a 67 year old retiree, went out for a few drinks at a local pub in Haverhill. Late at night he left the pub highly intoxicated, got into his SUV, and tried driving to his home in Methuen. In the center of Haverhill is…
May 21
PROBATION VIOLATION IN ESSEX SUPERIOR COURT

PROBATION VIOLATION IN ESSEX SUPERIOR COURT

On December 3, 2009 MS, then 20 years old, was convicted of Assault & Battery with a Dangerous Weapon and Armed Home Invasion in Salem (MA) Superior Court. On the A&B D/W charge she was given a 2 1/2 year sentence to the House of…
May 21
Malicious Destruction of Property Charge Dismissed

Malicious Destruction of Property Charge Dismissed

On March 17, 2013 YH, a 23 year old foreign student in his Senior Year at Boston College, let his temper get the best of him. YH was looking for a parking space on Boylston Street in downtown Boston. A lady was preparing to back into a space…

Rank this Week: 3059

Boston Criminal Defense Lawyers…

Boston Criminal Defense Lawyers Blog

Covers Massachusetts DUI, drug, OUI and firearm offenses. By Parker Scheer LLP.

http://www.bostoncriminaldefenselawyersblog.com/

May 29
DNA errors not enough to overturn Conviction

DNA errors not enough to overturn Conviction

Last week, the Supreme Judicial Court of Massachusetts affirmed a first-degree murder conviction. The ruling was confirmed in spite of a recent finding that, during the original trial Superior Court Judge David A. Lowy made an error in…
May 24
Final Regulations Approved for Medical Marijuana Law

Final Regulations Approved for Medical Marijuana Law

On May 24th, the legislation that voters passed in November to legalize marijuana use for medical purposes will go into effect. Final regulations for the law were approved on May 8h, and provide for how the law will be implemented and many…
May 3
Commonwealth Finds Conviction for Carrying an Unlicensed Firearm is Reversible when no Evidence is Presented to show the Defendant had the Requisite Intention

Commonwealth Finds Conviction for Carrying an Unlicensed Firearm is Reversible when no Evidence is Presented to show the Defendant had the Requisite Intention

Where the defendant was convicted of carrying an unlicensed firearm, the conviction is reversed when no evidence has been presented to show that defendant had the requisite intention to control the firearm. While the defendant waited for his…

Rank this Week: 1472

Bickerton Law Blog

Features updates and perspectives on Criminal Law. By Bickerton & Bickerton.

http://bickerton-law.com/bickerton-law-blog/

May 29
IN THE NEWS: PA to upgrade firearms background check system

IN THE NEWS: PA to upgrade firearms background check system

Pennsylvania is in the process of updating the Pennsylvania Instant Check System (“PICS”). The PICS system permits firearms dealers and sheriffs departments to run background checks on firearms purchasers and concealed carry…
May 16
IN THE NEWS: NTSB seeks to lower legal drinking limit to .05

IN THE NEWS: NTSB seeks to lower legal drinking limit to .05

The National Transportation Safety Board has recommended that the limit for blood alcohol levels for drivers be lowered to 0.05. The NTSB has also recommended that measures be taken to encourage broader use of interlock devices. Mothers…
Feb 11
In The News: Audio recording missing in PGH officer-involved shooting case

In The News: Audio recording missing in PGH officer-involved shooting case

On November 11, 2012, Leon Ford was shot by a city of Pittsburgh police officer during a traffic stop. Although a video of the incident has been recovered, the audio recording doesn’t include anything between the time the officers…

Rank this Week: 4639

7th Circuit Criminal Law Alert

Summarizes the week's criminal law decisons by the 7th Circuit Court of Appeals. By Michael J. Petro.

http://mjpetro.typepad.com/7th_circuit_alert/

May 28
FRE 901: Boilerplate Foundational Requirements for Tape Recordings.

FRE 901: Boilerplate Foundational Requirements for Tape Recordings.

USA v. Ron Collins, No. 11-3098 . Ron "Ron Ron" Collins participated in a drug-distribution conspiracy stretching from Mexico to Milwaukee that involved mass amounts of cocaine. For his role, Collins was found guilty of conspiracy…
May 3
FRE 404(b): Hamilton Dissent Explains Proper District Court FRE 404(b) Analysi

FRE 404(b): Hamilton Dissent Explains Proper District Court FRE 404(b) Analysi

United States v. Nicolas Gomez, No. 12-1104. Editor's Note. Chicago Criminal Defense Attorney represented Mr. Gomez at trial and on appeal. Mr. Gomez's case is currently pending a Petition for Rehearing En Banc in the 7th Circuit Court of…
Apr 1
FRCP 32: U. S. Probation Officer's Confidential Recommendation to the District Court Passes Constitutional Scrutiny

FRCP 32: U. S. Probation Officer's Confidential Recommendation to the District Court Passes Constitutional Scrutiny

United States v. Ollie Peterson, No. 12-2484. Defendant Ollie Peterson pled guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a) after robbing a bank to pay off a debt with a drug dealer. During Peterson’s...

Rank this Week: 2415

New York City Criminal Defense…

New York City Criminal Defense Blog

Covers NYC criminal matters. By Joseph Potashnik.

http://jpdefense.com/new-york-criminal-defense

May 28
Can I Be Arrested for Paying My Employees Less Than Minimum Wage In NYC?

Can I Be Arrested for Paying My Employees Less Than Minimum Wage In NYC?

A New York City business owner who underpays employees may find him or herself facing criminal charges. Depending on the circumstances, charges may include misdemeanor charges and felony charges, and conviction can result in high restitution…
May 27
What Is Commercial Bribery In New York?

What Is Commercial Bribery In New York?

Commercial bribery is the crime of bribing an employee of a business to get that person to act in a way that will benefit the briber. There is no federal commercial bribery statute but commercial bribery but as long as a state law is…
May 27
Will My New York Professional License Be Affected By Criminal Conviction?

Will My New York Professional License Be Affected By Criminal Conviction?

Being convicted of a crime is one the types of professional misconduct that will result in professional discipline. In New York, there are two types of crimes, misdemeanors and felonies. If you are convicted of either one, you will be subject…

Rank this Week: 1491

Joseph Potashnik & Associates Blog

Answers questions regarding New York criminal charges and criminal procedures.

http://jpdefense.com/new-york-criminal-defense/

May 28
Can I Be Arrested for Paying My Employees Less Than Minimum Wage In NYC?

Can I Be Arrested for Paying My Employees Less Than Minimum Wage In NYC?

A New York City business owner who underpays employees may find him or herself facing criminal charges. Depending on the circumstances, charges may include misdemeanor charges and felony charges, and conviction can result in high restitution…
May 27
What Is Commercial Bribery In New York?

What Is Commercial Bribery In New York?

Commercial bribery is the crime of bribing an employee of a business to get that person to act in a way that will benefit the briber. There is no federal commercial bribery statute but commercial bribery but as long as a state law is…
May 27
Will My New York Professional License Be Affected By Criminal Conviction?

Will My New York Professional License Be Affected By Criminal Conviction?

Being convicted of a crime is one the types of professional misconduct that will result in professional discipline. In New York, there are two types of crimes, misdemeanors and felonies. If you are convicted of either one, you will be subject…

Rank this Week: 4014

Illinois DUI Law Blog

Covers the ever changing landscape of Illinois DUI Law. By Steven H. Fagan.

http://www.illinoisduiblog.com/

May 28
Think you have to prove you are not guilty? Not in this country

Think you have to prove you are not guilty? Not in this country

If you've been arrested for an Illinois criminal offense or DUI, whether a felony or misdemeanor, you probably feel like your back is against the wall. You probably are turning it over in your mind in the middle of the night, worried you're…
Jan 29
Give us your tired, your poor, your undocumented and we will license them!

Give us your tired, your poor, your undocumented and we will license them!

Illegal aliens, or undocumented immigrants if you prefer, have long had a problem. Forget the debate for the moment about whether their very existence within a particular space on the map is a violation of the law - that's not what this blog…
Jan 1
Is drinking and driving the same thing as DUI in Illinois?

Is drinking and driving the same thing as DUI in Illinois?

Maybe you had a drink at dinner. Or you toasted the bride at a wedding. Perhaps you just enjoyed a beer with a friend. Under Illinois DUI law, is it illegal to drive home after you've had that drink? Many people automatically assume drinking…

Rank this Week: 3797

Tampa DUI Attorney Blog

Covers drunk driving defense. By Sammis Law Firm.

http://tampaduiattorney.wordpress.com

May 28
Driving While Blonde and FHP Trooper Melvin Arthur’s Creepy DUI Statistic

Driving While Blonde and FHP Trooper Melvin Arthur’s Creepy DUI Statistic

The evidence showed that Trooper Melvin Arthur got a good look at Sally Adams before he decided to stop her for have a broken tag light. On the arrest video where Sally Adams was wrongfully accused of DUI, Trooper Arthur Melvin forgot to turn…
Apr 17
The DUI Officer Can’t Hold You Down While They Jab a Needle Into Your Arm (at least not without a warrant)

The DUI Officer Can’t Hold You Down While They Jab a Needle Into Your Arm (at least not without a warrant)

Missouri v. McNeely has been decided. We can all breath a sigh of relief that the United States Supreme Court has affirmed the judgment of the Missouri Supreme Court. The case holds that in a DUI investigation, “the natural dissipation…
Mar 8
The DUI Checkpoint “Fails to Meet Constitutional Muster”

The DUI Checkpoint “Fails to Meet Constitutional Muster”

Part III – The Prosecutor’s Internal Memo Explaining Why the DUI Checkpoint “Fails to Meet Constitutional Muster.” Through a public records request we obtained an internal memo from Assistant State Attorney, Vin Petty,…

Rank this Week: 4430

Maryland DUI Lawyer Blog

Covers Maryland DUI news, updates and commentary. Published by Goldstein & Stamm, P.A.

http://www.marylandduilawyer-blog.com/

May 27
Be Careful Before Paying Traffic Tickets in Maryland!

Be Careful Before Paying Traffic Tickets in Maryland!

Last year, the Maryland legislature changed the law that required the court to send trial notices to all persons receiving traffic tickets. Now a person receiving a payable (minor) traffic violation and no jailable (non-payable - must…
May 3
Stamm Given Fred Bennett Zealous Advocacy Award

Stamm Given Fred Bennett Zealous Advocacy Award

On May 1, 2013, Leonard Stamm was given the first annual Fred Bennett Zealous Advocacy Award by the Maryland Criminal Defense Attorney's Association (MCDAA). This award will be given annually to the member of MCDAA who best exemplifies the…
Apr 17
Supreme Court rules search warrant presumptively required before obtaining non-consensual blood draw - Missouri v. McNeely win!

Supreme Court rules search warrant presumptively required before obtaining non-consensual blood draw - Missouri v. McNeely win!

The Supreme Court today announced its opinion in Missouri v. McNeely and ruled that police in DUI investigations may not automatically avoid seeking a search warrant to obtain a blood sample where the defendant does not consent to a blood…

Rank this Week: 2893

Ohio Social Security Disability…

Ohio Social Security Disability Blog

Covers family law, criminal law, and social security SSD/SSI ssues in Ohio. By the Law Offices of John T. Nicholson.

http://www.johntnicholson.com/ohiolawblog/

May 26
SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job

SSA ruling indicates that focus of disability inquiry should be on capacity to work, not ability to find a job SSR 64-47c The claimant, a high school graduate who had worked in various capacities in carpentry, including foreman and…
Mar 24
Social Security disability rules for Lupu

Social Security disability rules for Lupu

How to win my disability case for a lupus diagnosis? Systemic lupus erythematosus, or simply lupus, is evaluated in the immune system section of the Disability Evaluation Under Social Security disability handbook, more commonly known as the…
Feb 10
Delays in Ohio Social Security Disability claims hurt claimant

Delays in Ohio Social Security Disability claims hurt claimant

Social Security Disability Delays Impact Vulnerable Patients Unfortunately it is becoming all to common for those applying for Social Security Disability benefits to suffer delay after delay while their claims languish in a bureaucratic mess…

Rank this Week: 2440

Indefensible

The intermittent musings of a pedantic public defender. By David Feige.

http://davidfeige.blogspot.com/

May 26
Wherefore art thou o first amendment?

Wherefore art thou o first amendment?

A judge denies bail over facebook comments? This is really troubling...
May 22
My directorial debut on the NYT

My directorial debut on the NYT

Very proud of this piece. It is the beginning of my work on the subject. Hopefully this will let Lisa and I find the funding we need to build this into the full length doc we're hoping to do.Check out the placement and let me know your…
May 1
My new Op-Ed in the NYT: Waiting and Waiting for Justice

My new Op-Ed in the NYT: Waiting and Waiting for Justice

The times just posted my new Op-Ed. It's about...justice. Or more accurately injustice, and how we can make the endemic delay in the criminal justice system more tolerable....

Rank this Week: 2791

Atlanta Criminal Lawyers Blog

Covers DUI and criminal defense issues. By The Hirsch Firm, P.C.

http://www.atlantacriminallawyersblog.com/

May 26
A lesson on the importance of finding and hiring a lawyer. (Part 2)

A lesson on the importance of finding and hiring a lawyer. (Part 2)

Remember Billy from Part 1? He was charged with misdemeanor marijuana possession two years ago. It was his first offense and he did not hire an attorney. He plead guilty under Georgia's conditional discharge drug first offender law when he…
May 19
A lesson on the importance of finding and hiring a lawyer. (Part 1)

A lesson on the importance of finding and hiring a lawyer. (Part 1)

The importance of seeking the advice of a lawyer when you are facing a criminal offense, no matter how insignificant you think it its, can not be overstated. Not long ago i spoke with two people whose recent legal difficulties are a direct…
Apr 7
Arrested celebrating big events in Atlanta? You're not the only one.

Arrested celebrating big events in Atlanta? You're not the only one.

Other than being an international city, Atlanta is certainly one of the United States' top five intercontinental cities. This past weekend was no exception. Between hosting the NCAA final four basketball tournament championship, the Chicago…

Rank this Week: 4245

Mississippi Criminal Defense…

Mississippi Criminal Defense Lawyer Blog

Covers criminal law, criminal defense, and expungements. By the Stroud Law Firm.

http://www.mississippicriminaldefenselawyer-blog.com/

May 23
Safety Board Asks States to Lower BAC Limit for DUI

Safety Board Asks States to Lower BAC Limit for DUI

In a surprise announcement earlier this month, the National Transportation Safety Board (NTSB) proposed that all states lower the legal limit of blood alcohol content from the current 0.08 to 0.05. The push by the NTSB is part of a larger…
May 23
Mississippi DUI Ignition Interlock Law Moves Towards Implementation

Mississippi DUI Ignition Interlock Law Moves Towards Implementation

A recent report found that more and more ignition interlock devices are being used in Mississippi DUI cases. Given a recent law that was signed into effect by the Governor, the use of the devices is expected to explode in the state. The law…
Apr 22
Mississippi Man Arrested For DUI Charged With Drug Crime After Officers Find Pills In His Shoe

Mississippi Man Arrested For DUI Charged With Drug Crime After Officers Find Pills In His Shoe

A Mississippi man from Escatawpa was arrested late last month for driving under the influence. It was only after his arrest that officers discovered he had drugs hidden in his shoes, a find that resulted in additional drug charges for the…

Rank this Week: 2903

West Palm Beach Criminal Lawyer…

West Palm Beach Criminal Lawyer Blog

By Ronald S. Chapman, P.A.

http://www.justiceflorida.com/

May 23
Retail Theft at Wal-Mart

Retail Theft at Wal-Mart

In the case of Toccara McClover versus the State of Florida, Ms. McClover was convicted of retail theft at a Wal-Mart store. The facts of her case are that: "A security guard at a Wal–Mart store in Port St.…
May 22
Even Felons Who Have Guns Illegally Can Claim Self-Defense

Even Felons Who Have Guns Illegally Can Claim Self-Defense

In the case of Aaron Little versus the State of Florida, Mr. Little was charged with committing the crime of second-degree murder with a firearm. Little filed a motion to dismiss his case in which he argued that he shot the…
May 14
Drug-Sniffing Dogs and Search Warrant

Drug-Sniffing Dogs and Search Warrant

In the case of Florida versus Jardines, the police took a drug-sniffing dog to Jardines' front porch where the dog gave a positive alert for illegal drugs. Based on that alert, the officers got a warrant to search Jardines' home. When…

Rank this Week: 3844

Michigan Criminal Attorney's Blog

Covers Michigan criminal issues. By the Leydorf Law Firm, PLLC.

http://michigancriminalattorney.wordpress.com/

May 23
Landmark Ruling for Michigan Medical Marijuana Patient

Landmark Ruling for Michigan Medical Marijuana Patient

This past Tuesday, in a landmark ruling, the Michigan Supreme Court overturned the Court of Appeals decision in the case of People v. Rodney Koon. The court’s decision resolves what had been a contentious legal issue regarding whether…
May 3
Texting and Driving: Get the Message

Texting and Driving: Get the Message

It’s always tempting, isn’t it? You hear the alert of a new text coming in, and even though you are behind the wheel, you feel compelled to take a peek. The trouble is, a peek can turn into a long look or even a reply – and…
Apr 26
Technology and Search Warrant

Technology and Search Warrant

In DUI situations, it is imperative for the State’s case that police obtain timely evidence of the driver’s blood alcohol content. However, before an officer can draw blood from a driver they are required to apply for and obtain a…

Rank this Week: 4443

Steigerwalt Law Firm Blog

Covers DUI.

http://www.sdcountydui.com/blog

May 23
What Kind of Civil Penalties Can I Be Liable for Relating to a DUI?

What Kind of Civil Penalties Can I Be Liable for Relating to a DUI?

David Belniak of Pasco County, Florida, admitted to driving under the influence and causing the death of three people in 2007. He had already begun serving his 12-year sentence, followed by 10 years of probation. He will never be able to have…
May 20
What Factors Can Increase the Penalties for DUI?

What Factors Can Increase the Penalties for DUI?

Drunk driving is not an offense that’s taken lightly in California’s criminal justice system. With a simple DUI, even first-time offenders can receive a four-month license suspension and a minimum $300 fine. And the penalties get…
May 16
What Happens at a DMV Hearing for a DUI? How Do I Need To Prepare?

What Happens at a DMV Hearing for a DUI? How Do I Need To Prepare?

Your DUI arrest sets in motion a critical chain of events – and how you handle the first steps can make all the difference in the eventual outcome. When you’re charged with a DUI, your driver’s license will be confiscated…

Rank this Week: 5053

South Florida Criminal Attorneys…

South Florida Criminal Attorneys Blog

Covers Florida criminal defense and criminal law news. By Michael B. Cohen.

http://www.southfloridacriminalattorneysblog.com/

May 22
Florida Man Sentenced in Medicare Money-Laundering Operation

Florida Man Sentenced in Medicare Money-Laundering Operation

Money laundering is a legal term describing a process of disguising the origins of proceeds obtained by illegal activity to appear to have been derived from a legitimate source. Some of the methods used to achieve these means can be…
May 17
Florida Man with Possible Link to Boston Bombing Slayed by FBI Agent

Florida Man with Possible Link to Boston Bombing Slayed by FBI Agent

An Orlando, Florida man who has been linked to Tamerlan Tsarnaev, the alleged mastermind of the recent Boston Marathon bombing was shot to death as he was preparing to sign a confession dealing with an unrelated crime that occurred in…
May 12
Santiesteban Family Grow-House Associate Acquitted of Murder & Kidnapping

Santiesteban Family Grow-House Associate Acquitted of Murder & Kidnapping

A history of violence surrounds a Miami family that operated marijuana grow-houses in Miami since 2004. They paid a multitude of caretakers to watch over the crops and were known to be cultivating over 1000 marijuana plants worth millions of…

Rank this Week: 2756

Boston Criminal Lawyers Blog

Covers Boston criminal law and DUI news. By the Law Offices of Lefteris K. Travayiakis, P.C.

http://www.bostoncriminallawyersblog.com/

May 21
Lowell Father Charged with Assaulting 2 Month Old Son

Lowell Father Charged with Assaulting 2 Month Old Son

A Lowell father was arraigned in Lowell District Court last week on Massachusetts Violent Crimes Charges for allegedly assaulting his two month old infant. The defendant, Christopher Berry, was formally arraigned on Aggravated Assault &…
May 16
Massachusetts Pastor Charged with Rape of a Child

Massachusetts Pastor Charged with Rape of a Child

A Lynn priest was arraigned in Lynn District Court on various Massachusetts Sexual Assault Charges for allegedly sexually molesting over several years. The defendant, Daniel Lopez, was a priest at the Vida Real Internacional Congregation in…
Apr 20
2nd Suspect Charged with Massachusetts Murder in Dorchester Stabbing

2nd Suspect Charged with Massachusetts Murder in Dorchester Stabbing

A second defendant was charged with Murder in connection to the October stabbing death of Cherby Lajoie in Dorchester, Massachusetts. The female defendant, Tarayiah Hunt, 21, of Dorchester, was formally arraigned in the Dorchester Division…

Rank this Week: 876

Shaun Kaufman Law, PC

Covers criminal law, litigation tactics, parenting rights and medical marijuana.

http://shaunkaufmanlaw.com/

May 21
Colorado DUI Attorney Shaun Kaufman: Why You Should Cooperate with Field Sobriety Test

Colorado DUI Attorney Shaun Kaufman: Why You Should Cooperate with Field Sobriety Test

Colorado law, including Department of Health regulations, provide that an individual suspected of drunk (or drugged) driving must be given either a breath test or a blood test within two hours of the last time they drove. This is designed to…
May 15
Who Are Prosecutors and How Do They Decide to Charge People for Crimes?

Who Are Prosecutors and How Do They Decide to Charge People for Crimes?

Q: Who is a prosecutor? A: The prosecutor is a lawyer who, on behalf of the government, first decides whether or not to charge a person with a crime. If that decision is yes, the prosecutor then conducts legal…
May 13
If I Am Planning to Plead Guilty, Should I Still Hire a Defense Attorney?

If I Am Planning to Plead Guilty, Should I Still Hire a Defense Attorney?

Yes! You Still Have Options Even if you know you are guilty, there are still alternatives. For example, a prosecutor might be open to a plea bargain where you plead guilty to a lesser charge in exchange for a lighter sentence. While you might…

Rank this Week: 4858

Criminal Law Blog & News

Covers Florida criminal law, crime history and weird crime news. By DeThomasis & Buchanan, PA.

http://reasonabledoubt.org/index.php/criminallawblog

May 21
Understanding Florida’s Prosecution of Teenagers Engaged in Consensual Sexual Behavior

Understanding Florida’s Prosecution of Teenagers Engaged in Consensual Sexual Behavior

In recent days there has been an internet explosion of articles about Florida’s prosecution of a teenager engaged in sexual activity with another teenager. Much of the focus of the recent articles has been the fact that the sexual…
Mar 4
March 5, 1994, Grace Slick Arrested For Aiming Gun At Police Officer - Today In Crime History

March 5, 1994, Grace Slick Arrested For Aiming Gun At Police Officer - Today In Crime History

On this date, March 5, in the year 1994, former Jefferson Starship lead singer, Grace Slick, was arrested for pointing a firearm at a police officer who was responding to a call that shots had been fired at her house. Law enforcement…
Mar 4
March 5, 1994, Grace Slick Arrested For Aiming Gun At Police Officer

March 5, 1994, Grace Slick Arrested For Aiming Gun At Police Officer

On this date, March 5, in the year 1994, former Jefferson Starship lead singer, Grace Slick, was arrested for pointing a firearm at a police officer who was responding to a call that shots had been fired at her house. Law enforcement…

Rank this Week: 191

Phoenix Criminal Lawyer Blog

Covers criminal cases and news. By Law Office of Vladimir Gagic PLLC.

http://www.phoenixcriminallawyerblog.com/

May 21
Arizona MVD: Losing Your Driver's License for too many speeding ticket

Arizona MVD: Losing Your Driver's License for too many speeding ticket

One of the most common calls I get from people is from drivers who are facing a license suspension for too many moving violations, usually speeding tickets. Most of them are shocked to find out that not only will Arizona Motor Vehicle…
May 13
Should Jodi Arias have tried Diminished Capacity Defense?

Should Jodi Arias have tried Diminished Capacity Defense?

After every trial, regardless of the outcome, one side will always analyse the results and ask themselves if another strategy or approach would have been better. In the context of the Jodi Arias trial, I have heard a few commentators mention…
Apr 29
Medical Marijuana Card No Defense to DUI 28-1381(A)(3) Charge

Medical Marijuana Card No Defense to DUI 28-1381(A)(3) Charge

Even though Arizona voters recently passed a medical marijuana law, Arizona prosecutors are not giving the new law much respect. As I have written about before, Arizona has an illegal metabolite statute, 28-1381(A)(3) that makes it illegal to…

Rank this Week: 2770

Collin County Criminal Lawyers…

Collin County Criminal Lawyers Blog

Covers Texas DUI and criminal law. By Rosenthal & Wadas, PLLC.

http://www.collincountycriminallawyers.com/

May 20
A Recent Case Win--DUI/DWI Found Not Guilty

A Recent Case Win--DUI/DWI Found Not Guilty

By Bo Kalabus bo@kalabuslaw.com Office: 972-562-7549 24 Hour Jail Release 214-402-4364 The client was pulled over for having a headlight out in the early morning hours last September. Once at the driver's side window, the trooper smelled…
May 20
Need a Writ Bond or Attorney Bond in Collin County for a DUI Arrest?

Need a Writ Bond or Attorney Bond in Collin County for a DUI Arrest?

By Bo Kalabus bo@kalabuslaw.com Office: 972-562-7549 www.rosenthalwadas.com 24-Hour Jail Release 214-402-4364 Call for Immediate Jail Release 214-402-4364 Getting a phone call in the middle of the night and learning that you have a loved…
Dec 31
Need a Writ Bond or Attorney Bond in Collin County for Immediate Jail Release?

Need a Writ Bond or Attorney Bond in Collin County for Immediate Jail Release?

By Bo Kalabus bo@kalabuslaw.com Office: 972-562-7549www.rosenthalwadas.com 24-Hour Jail Release 214-402-4364 Call for Immediate Jail Release 214-402-4364 Getting a phone call in the middle of the night and learning that you have a family…

Rank this Week: 3348

New York Theft and Larceny Lawyers…

New York Theft and Larceny Lawyers Blog

Covers New York criminal law regarding larceny, embezzlement, extortion and theft. By Crotty & Saland PC.

http://www.newyorktheftandlarcenylawyersblog.com/

May 20
New York Second Degree Grand Larceny Arrest for more than $100K & Attempt for $275K Results in Misdemeanor and "Time Served"

New York Second Degree Grand Larceny Arrest for more than $100K & Attempt for $275K Results in Misdemeanor and "Time Served"

If being accused of a New York felony isn't scary enough, being arrested for a felony crime where your immigration status stands in the balance certainly is. A Crotty Saland PC client accused of stealing more than $100,000 and attempting to…
Mar 12
NYC Housing Development Fund Corporation Property Manager Indicted for Second Degree Grand Larceny: $250,000 Theft Carries Potential of up to Fifteen Years in Prison

NYC Housing Development Fund Corporation Property Manager Indicted for Second Degree Grand Larceny: $250,000 Theft Carries Potential of up to Fifteen Years in Prison

Calling it a theme may be too strong, but Manhattan District Attorney Cyrus Vance, Jr. is plugging away on his mission to snag, a/k/a, arrest, white collar defendants who commit Grand Larceny and Criminal Possession of Stolen Property…
Feb 20
NYC DA Vance: Salvador Dali Cartel de Don Juan Tenorio "Thief" Indicted for Grand Larceny by Manhattan Grand Jury

NYC DA Vance: Salvador Dali Cartel de Don Juan Tenorio "Thief" Indicted for Grand Larceny by Manhattan Grand Jury

One need not perpetrate an Embezzlement or an Extortion to be arrested or charged with a New York Grand Larceny crime. Heck, outright scheming by forging checks is so "yesterday." If you want to be on the forefront of Grand Larceny offenses,…

Rank this Week: 3436

Criminal Jurisdiction

Covers Texas criminal law topics, including drug crimes, sexual assault, and the death penalty. By John Floyd and Mr. Billy Sinclair.

http://www.johntfloyd.com/blog

May 20
“PASSIVE PEDOPHILES”

“PASSIVE PEDOPHILES”

Who are “passive pedophiles?” These are individuals who possess child pornography. They do not try to sexually abuse or molest children. Instead they want to view sexually explicit material involving children, some of which…
May 14
Bad Behavior and Federal Sentencing Guideline 3E1.1

Bad Behavior and Federal Sentencing Guideline 3E1.1

A criminal defense attorney can protect his client from actions of the Government within the bounds of the law and ethics, but the attorney can do little to protect the client from himself. As a matter of practice, an attorney will generally…
Apr 25
SECOND AMENDMENT DOES NOT PROTECT GUN POSSESSION FOR UNLAWFUL PURPOSES

SECOND AMENDMENT DOES NOT PROTECT GUN POSSESSION FOR UNLAWFUL PURPOSES

With this blog we take no position in the “gun control debate.” This debate in recent years, and especially during the last five months, has crippled our society morally and politically, inflamed increasing anti-Government…

Rank this Week: 1765

Sixth Circuit Blog

Features case summaries and commentary by Federal Defenders of the Sixth Circuit.

http://circuit6.blogspot.com/

May 20
Amazing opinion by J. Merritt on FSA retroactivity

Amazing opinion by J. Merritt on FSA retroactivity

You need to read the opinion in United States v. Blewett, 12-5266. 12-5582 (6th Cir. May 17, 2013)(found here). Both the majority and the dissent are beautifully written. The majority cites Yick Wo v. Hopkins, 118 U.S. 356 (1886)* AND…
May 8
Statement of the Case is no longer necessary under FRAP 28

Statement of the Case is no longer necessary under FRAP 28

Under a recent amendment to Federal Rule of Appellate Procedure 28, parties are no longer required to include a separate "Statement of the Case" in their appellate briefs.Kevin Russell of SCOTUSblog explains:an amendment to the Rules of…
Apr 22
Sixth Circuit again reverses unjustified supervised release condition

Sixth Circuit again reverses unjustified supervised release condition

In a pair of recent decisions, the Sixth Circuit has sharply restricted the authority of district courts to impose supervised release conditions without adequate justification. The first was United States v. Inman, 666 F.3d 1001,…

Rank this Week: 2669

Dallas Criminal Appeals Lawyer…

Dallas Criminal Appeals Lawyer Blog

Covers Texas criminal law topics, including drug crimes, DWI, and police misconduct. By Christian Souza.

http://www.dallascriminalappealslawyerblog.com/

May 17
SAN ANTONIO COURT OF APPEALS REJECTS POLICE REASONING FOR ENTRY TO SEIZE MARIJUANA

SAN ANTONIO COURT OF APPEALS REJECTS POLICE REASONING FOR ENTRY TO SEIZE MARIJUANA

An important case out of the San Antonio area (Bexar County) was decided by the Texas Court of Criminal Appeals in April 2013. The Court considered whether a police officer was justified in forcibly entering the apartment of a man who…
May 17
HIGH TEXAS APPEALS COURT SAYS SEX OFFENDERS DO HAVE RIGHTS DESPITE HOLDING BY DALLAS COURT OF APPEALS IN KAUFMAN COUNTY CASE

HIGH TEXAS APPEALS COURT SAYS SEX OFFENDERS DO HAVE RIGHTS DESPITE HOLDING BY DALLAS COURT OF APPEALS IN KAUFMAN COUNTY CASE

Earlier this month, the Texas Court of Criminal Appeals at Dallas recently decided an important sex offender case out of Kaufman County, Dallas County's immediate neighbor to the southeast. The Court addressed the longstanding issue of the…
Mar 30
COURT OF CRIMINAL APPEALS HOLDS KAUFMAN DA AND DALLAS COURT OF APPEALS MISUNDERSTOOD TRAFFIC CODE

COURT OF CRIMINAL APPEALS HOLDS KAUFMAN DA AND DALLAS COURT OF APPEALS MISUNDERSTOOD TRAFFIC CODE

This week the Texas Court of Criminal Appeals reversed the decision of the Texas Court of Appeals at Dallas in a marijuana case where the defendant was convicted by the District Attorney in Kaufman County. The Texas Court of Criminal Appeals…

Rank this Week: 4663

Kentucky DUI Defense Lawyer

Covers DUIs, traffic stops and field sobriety tests. By Stephen J. Isaacs.

http://www.kyduiblog.com/

May 16
U.S. Supreme Court holds Officer must obtain warrant for DUI blood test.

U.S. Supreme Court holds Officer must obtain warrant for DUI blood test.

The U.S. Supreme Court has ruled that police must generally obtain a warrant for a blood test before subjecting a drunken-driving suspect to a blood test when the suspect had refused to take the test.
May 16
Criminal Record Expungement Option

Criminal Record Expungement Option

There exists more than one way to obtain an expungement of a Kentucky criminal record involving more than one misdemeanor when KRS 431.078 does not apply.
Apr 25
Bias in DUI Case

Bias in DUI Case

In order to have a chance at getting a favorable outcome when defending a DUI with an allegedly innocent client, a lawyer should always consider the venue. The venue is where the case will be heard. Kentucky has 120 counties...

Rank this Week: 3741

Federal Criminal Defense Blog

Covers federal criminal law topics such as identity theft, capital punishment, drug enforcement, environmental crimes, immigration, and military law. By Tom Withers.

http://www.federalcriminaldefenseblog.com/

May 16
6th Circuit Court of Appeals Undoes Amazingly Soft 1 Week Sentence for CEO Convicted in $18 Million Fraud

6th Circuit Court of Appeals Undoes Amazingly Soft 1 Week Sentence for CEO Convicted in $18 Million Fraud

Michael Peppel, the former CEO of MCSi Inc., based in Dayton, Ohio, was convicted on charges of conspiracy, fraud, and money laundering for a scheme which defrauded investors of $18 million. Peppel allegedly cooked MCSi’s books to…
May 6
4th Circuit Court of Appeals Overturns Money Laundering Convictions in $100 Million Life Insurance Investment Scheme

4th Circuit Court of Appeals Overturns Money Laundering Convictions in $100 Million Life Insurance Investment Scheme

Adley H. Abdulwahab was convicted of fraud, conspiracy, and money laundering in 2011 in the U.S. District Court for the Eastern District of Virginia relating to a $100 million life insurance settlement scheme which defrauded more than 800…
May 1
Atlanta Resident Jessica Loren Posey Recieves 7 Years for Sex Trafficking Involving Minor

Atlanta Resident Jessica Loren Posey Recieves 7 Years for Sex Trafficking Involving Minor

Atlanta resident, Jessica Loren Posey, 25, was sentenced on Monday in the U.S. District Court for the Northern District of Georgia to serve more than 7 years in prison for transporting a 16 year-old girl across State lines for the purpose of…

Rank this Week: 498

California Criminal Lawyer Blog

The California Criminal Lawyer Blog covers topics such as DUI Defense, Judicial Misconduct, Police Misconduct, Search & Seizure, and Probation cases. Written by San Diego, California Criminal Defense Lawyer, Mary Frances Prevost.

http://www.californiacriminallawyerblog.com/

May 15
CALIFORNIA DUI DEFENSE: NTSB Says States Should Lower Blood Alcohol Level from .08 to .05.

CALIFORNIA DUI DEFENSE: NTSB Says States Should Lower Blood Alcohol Level from .08 to .05.

The "per se" legal limit to drive in California is below .08 blood alcohol level. CNN reports that the National Safety Transportation Board is suggesting that states lower the legal limit to .05. Well, that means more business for California…
Mar 29
Little-Known Surveillance Tool Called Stingray Raises Concerns by Judges, Privacy Activist

Little-Known Surveillance Tool Called Stingray Raises Concerns by Judges, Privacy Activist

From The Washington Post. Click HERE for original story. By Ellen Nakashima, Published: March 27 Federal investigators in Northern California routinely used a sophisticated surveillance system to scoop up data from cellphones and other…
Mar 29
San Diego Criminal Lawyer Blog: Brady Discovery Applies Prior to Prelim

San Diego Criminal Lawyer Blog: Brady Discovery Applies Prior to Prelim

In this case, the prosecutor failed to give photographs to the public defender to the preliminary examination. The public defender contended, after he found out about the withholding of evidence, that the pictures were exculpatory and that…

Rank this Week: 1527

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