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Kansas High Court deems DUI Refusal Law Unconstitutional

In a 6-1 ruling, the Kansas Supreme Court ruled that criminalizing the refusal of the blood-alcohol test during a traffic stop is unconstitutional...

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Apple versus the FBI: Privacy versus Security

Benjamin Franklin wrote, “Those who give up their liberty for more security neither deserve liberty nor security.” That statement strikes at the heart of the recent dispute between Apple and the FBI over iphone access in a criminal investigation...

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Hacking: The New Frontier of Criminal Activity

This month Hollywood Presbyterian Hospital disclosed that hackers infiltrated its computer system, and they infected them with malware making the computer system inaccessible...

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Amnesty for Cooperation: The U-Visa Program

Recently, congress passed a law creating the “U-Visa” program which provides legal status to illegal immigrants who are victims of crimes such as sexual assault or domestic violence and other serious crimes...

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The “Affluenza defense”: A Criminal Defense Attorney’s Hail Mary As criminal defense lawyers, we’ve all been there. A client with little to no defense while facing serious charges. You reach back into the file, re-read the entire record, and hope something will jump out at you in hopes of something to help your client.

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DUI and The Right of Refusal: The US Supreme Court to Decide

The United States Supreme decided this past week to hear cases stemming out of North Dakota and Minnesota concerning the constitutionality of criminalizing the refusal of breathalyzer tests...

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Gun Control: The Stark Reality for NY and NJ Residents

On December 9, 2015, Tatiana Duva-Rodriguez, who is licensed to carry a concealed weapon, discharged her sidearm at a shoplifters’ getaway car at a Home Depot parking lot in Detroit, Michigan...

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Social Media and Your Criminal Case

Recently, a Floridian woman was live streaming herself driving intoxicated. She says at one point “I’m so drunk” and “let me see if I can make it home without a ticket” on the live stream Periscope App on which other individuals can comment...

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DUI Fatalities: The Ugly Truth and Consequences

In recent news, an Illinois man, Joshua Spudich, pled guilty to aggravated driving under the influence and was sentenced to 11 years in prison by Kane County Judge Susan Clancy Boles...

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New Jersey Supreme Court Lowers Standards for Car Searches

This past week the New Jersey Supreme Court has reversed itself from its prior ruling imposing greater restrictions on law enforcement conducting searches of automobiles...

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College Hazing: Where Traditions Clash with Criminal Law

On September 2015, prosecutors in Monroe County, Pennsylvania released the gruesome details of a college hazing of a Baruch college student...

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Excessive Force Used by Law Enforcement: What if It Happens to You?

On September 8, 2015, Santa Clara California sheriff’s officers arrested a man, Jose Salazar, for riding his bicycle without a functioning headlight. In effectuating the arrest, officers allegedly slammed Salazar to the ground and then kneed and kicked him...

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Judge Joe Brown Contempt Case: A lesson in Deference to the Court

Judge Joe Brown, reality TV Judge, whose show aired from 1998 to 2013 was recently released after serving a 5 day jail sentence in Tennessee...

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The Owen Labrie Trial: Electronic Discovery Makes or Breaks a Case

On August 28, 2015, a New Hampshire jury convicted Owen Labrie, a former prep school student at the prestigious Saint Paul’s preparatory high school, of one felony charge and several misdemeanor sexual assault and child endangerment charges against a 15 year old victim who was a freshman at that school while Labrie was a senior...

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The Development of a Plea Deal: The Jared Fogle Case

Jared Fogle, formerly Subway’s public spokesman, pled guilty this past week in federal court to multiple counts of child porn charges. This includes engaging in sex with minors on multiple occasions...

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Post-Conviction Relief: The Rodney Roberts Success Story

After 17 years of incarceration and numerous filings and litigation with the New Jersey appellate courts that Rodney Roberts receive the answer he sought for so many years on post-conviction relief: not guilty, conviction vacated...

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The Tsarnaev case: Reviving the Massachusetts Death Penalty

The shocking and horrific acts of terrorism committed by convicted defendant, Dzhkohar Tsarnaev, in the Boston Marathon bombing have revived discussions of the applicability of the death penalty in Massachusetts...

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