The Juvenile Justice System Tries To Rehabilitate Youth Rather Than To Punish Them

Thu, 02 Sep 2010 18:08:44 GMT

Both the juvenile and adult justice system in California have the shared goal of public safety. However, this is one of the few goals both systems have in common. The adult justice system has the goal of punishment of offenders, where as the juvenile justice system has the goal of treatment and rehabilitation of juvenile offenders.

The goal of treatment and rehabilitation, in lieu of punishment in juvenile proceedings is evident by the wide array of programs aimed at addressing behavioral problems of juveniles. The juvenile courts often allow its offenders to complete diversion or treatment programs as part of their rehabilitation. If an offender is allowed to complete a diversion program, the court may dismiss the underlying offense against the juvenile.

Although the adult justice system also has a number of diversion related programs, these programs are offered much less, and under more stringent circumstances than they are offered in the juvenile justice system.

If you or a loved one has been arrested, it is imperative that you hire an aggressive, experienced Los Angeles Juvenile Criminal Defense Lawyer. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-749-0034 or go to our website at www.wklaw.com for more information.

Many Continue To Discover Their Name Has Been Placed On The Child Abuse Central Index, Even When The Claims Turn Out To Be Unsubstantiated.

Thu, 02 Sep 2010 17:59:19 GMT

The Child Abuse Central Index (CACI) was created by the Legislature in 1965 as a tool for state and local agencies to help protect the health and safety of California’s children. Although the idea of protecting California’s children by establishing an index of known abusers is theoretically a good idea, the resulting outcome has been that many are listed on the index based on unsubstantiated claims against them.

Recent court decisions have mandated those who are placed on the index, must be given notice and an opportunity to have a hearing to remove name from the child abuse central index. Although this safeguard has ensured many to be excluded from the index, that otherwise would be listed, many feel that the safeguards and standards are insufficient.

Perhaps the most common criticism of CACI is the standard required to be placed on the index. For purposes of CACI, a person will be kept on the list if the child abuse claims are either deemed substantiated or inconclusive.

Most agree that if the claims are found to be substantiated, the inclusion of that person on CACI is warranted. However a fervent criticism comes from those that oppose listing people on the index when the claims against are found unsubstantiated. In those cases, the person will remain on CACI.

If you or a loved one has been placed on the Child Abuse Central Index, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced Orange County criminal defense law firm will ensure your rights are protected. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-749-0034 or go to our website at www.wklaw.com for more information.

May I help you with your DUI in Utah?

Thu, 02 Sep 2010 15:40:17 GMT

Is it worth it to hire an attorney for a DUI? This is one of the most common questions I get asked. "I mean really, what can you do for me? If I'm just going to get convicted anyway, why pay a lawyer?" My answer is simple, "Yes! You need a lawyer." No matter how bad your case looks, hire a "competent" lawyer that will not just do for you what you could do for yourself. Here is three examples of people that asked me that question over the past year, took a chance on me, and got their answer in August of 2010.

1. Citizen pulls out of a store on Hill Air Force Base and does not use his blinker. The officers pull him over for not signaling. The police notice slurred speech, odor of alcohol, horrible balance problems, and red blood shot eyes. He fails all the field sobriety tests and is taken to the station for an intoxilyzer test. The result was a .13. He hires me. We are in Federal Court where many people plead guilty, don't hire lawyers, and take their blows. We stood up and said "Not Guilty your honor. We want a trial." We first did a suppression hearing. The government's case was dismantled because just by doing that hearing we learned the officer was not certified on the intoxilyzer, that the intoxilyzer had not been checked for months, and the officer did not conduct test in an accurate and reliable manner that would ensure the Brac was accurate. Next we learned that the field tests were conducted by untrained officers and the officer wrote three different reports and reported different clues in each report. His answer at the end, "Mr. Neeley, it was worth it to fight this case."

2. A woman was pulled over in Tooele. The officer smelled alcohol, saw red blood shot eyes, and heard slurred speech. The woman failed all field sobriety tests according to the officer. She blew a .10 at the station. The woman hired another lawyer that told her to take a plea deal to an impaired driving. She was not comfortable with that and hired me. I reviewed the video and discovered things were not as the officer reported. The woman's license plate light was not out as reported by the officer and she did not do bad on the field tests at all. We filed a motion to dismiss the case. The city attorney agreed with my motion and dismissed the case.

3. Salt Lake City officer arrested this citizen accused for DUI. He was driving down the road with his rear hatch open. The citizen pulled over, got out, locked his doors and through the keys in the car and shut the doors. He said, take me to jail, I have done nothing wrong. The officer claimed poor balance, slurred speech, red blood shot eyes, relaxed facial tones, and very uncooperative. The man elected not to take a breath test. This man's case went to trial. Not Guilty by the Jury.

Is it worth it to hire a lawyer? Given the potential consequences of 10 years on your record, loss of job, loss of professional licensing, stigma, costs, and harm to reputation; well you will have to decide. Just because the government says you are guilty, does not make it so.

The Blawgosphere Is Alive (If you're not too picky)

SHG@simplejustice.us (Scott Greenfield) — Thu, 02 Sep 2010 12:37:00 GMT

Few people have observed the blawgosphere as well as Colin Samuels. He is the undisputed King of Blawg Review, and served as blawg sherpa, guiding others in their quest to avoid blawg review shame by comparison, In the past year, Colin created a BR of his own, A Round Tuit, which is a Master's Class in Blawg Review, for those willing to learn.

In his latest A Round Tuit, number ...Few people have observed the blawgosphere as well as Colin Samuels. He is the undisputed King of Blawg Review, and served as blawg sherpa, guiding others in their quest to avoid blawg review shame by comparison, In the past year, Colin created a BR of his own, A Round Tuit, which is a Master's Class in Blawg Review, for those willing to learn.

In his latest A Round Tuit, number 43 to be precise, Colin reflected on changes to the Blawgosphere over time.

Has the legal blogosphere become a "Happysphere" where criticism is considered unmannered and applause is expected for any contribution? In the years since I first posted here, the character of the space has certainly changed — many times, depending on how nuanced your analysis might be. In many ways, I think it's fair to say that overall, the Happysphere ethos dominates.

With few exceptions, you can choose nearly any marketing-centric blog and find equal measures of warmed-over "next big thing" cheerleading from last week's social media conference, effusive praise for other marketers, and quoting of other marketers' effusive praise for oneself. Again with few exceptions, one is safe in dismissing these blogs outright — these add nothing meaningful or consequential to our discussion. Those few exceptional marketing-concerned blogs tend to be engaged in other areas of the legal blogosphere, so you needn't be concerned about overlooking them if you steer a wide path around the marketeers.

You can almost hear the cries of "not me, not me," from those whose blogs are marketing-centric but are desperately trying to maintain plausible deniability so that they can claim to be "real".

Playing Lynyrd Skynyrd to Colin's Southern Man, enter Bob Ambrogi. Bob too can lay claim to keeping an eye on the blawgosphere over the years, having been co-writer of Legal Blog Watch for four years. In a law tech news post at Law.com, Bob notes that in 2002, some unnamed person said that blawgs were dead. Yet he writes:

But if what goes around comes around, I am now hearing murmurs that blogs are dead -- or at least dying -- within the legal profession.

The universe of blogs has become too crowded, too noisy, and too cluttered with spam to have any value, some say. Services such as Twitter and Facebook are easier, more direct and more personal, they contend.

So I come today to declare blogging alive, well and thriving within the legal profession. As evidence, I could refer you to any number of established blogs such as the one I already mentioned. But the future is foretold by what is new, so allow me to highlight some recently launched blogs, all of which show the continuing vitality of the medium.

Sweet home, Blawgosphere. It's always been my sense that Bob's a very "official" guy, preferring serious blawgs as opposed to frivolous ones that tend to rant rather than bore. That's fine. To each his own. But Bob's post then runs down a list of 15 new blogs to prove his point.

I randomly clicked on a few. What I found was distressing. No conversation. No synergy. Limited analysis and little effort. But what struck me clearly between the eyes is that the ones I looked at could have been taken out of the social media marketer's handbook. Trying to look informative, these were created for the purpose of self-promotion, marketing. These were, as Colin wrote about, marketing blogs.

It's not that Bob's position is necessarily wrong; they are new and they do contain posts with information. They just aren't part of any blawgosphere that I recognize or want to be involved with. These could have been written by some paralegal at a law firm who was paid to spend a couple hours a week to craft a blog so that the law firms involved could say they were right there, on the bandwagon, with all the other cool law firms. And this is what Ambrogi sees as a thriving blawgosphere.

Bob calls them "resources", and that seems to be a fair description. They contain information, and aren't so flagrantly smarmy that you need to shower after reading them. In some instances, the information isn't half bad. But there's no engagement, and clearly none is sought. These blogs are soliciting business, because they've been told that's what blawgs are for. If you notice, I won't call them blawgs, a word I use to describe law blogs that seek to join the conversation within the legal blawging community. To me they're infomercials, standing alone and posting just enough to offer a passable appearance.

So is the blawgosphere alive and kicking, as Bob Ambrogi declares, or is it being crushed under the weight of self-promotion and marketing, as Colin Samuels says? Who cares, as long as you hire me, right away, call now, operators are standing by, get two defenses for the price of one (only pay shipping and handling).

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New Jersey Man Sentenced to 41 Months for Tax Fraud

Thu, 02 Sep 2010 12:02:58 GMT

A former Division of Youth and Family Services worker was sentenced to 41 months in prison after pleading guilty to New Jersey tax fraud, according to The Associated Press. Because of the man’s occupation, he was able to gain access...

A former Division of Youth and Family Services worker was sentenced to 41 months in prison after pleading guilty to New Jersey tax fraud, according to The Associated Press. Because of the man’s occupation, he was able to gain access to clients’ personal information which he used to file false tax returns. The article reports that the man and an accomplice received over $800,000 in tax refund checks. The man was sentenced on Monday in Trenton to pay $620,000 in restitution in addition to his 41-month jail sentence.

Fraud of any kind is illegal and can ruin the reputation of an individual or business. There are a number of different types of fraud and if you or someone you love is suspected of committing this type of white collar crime, it would be a good idea to consult with an experienced Princeton fraud defense attorney. Heavy penalties such as fines and jail time pale in comparison to the damage that the reputation of an individual or business who is accused of fraud can suffer.

If you or someone you know is accused of fraud, contact the New Jersey white collar crime lawyers at Lependorf & Silverstein today. Our experienced criminal defense attorneys understand the complex laws that surround New Jersey fraud charges and can ensure that your rights are not violated in a court of law. With nearly twenty years of experience per lawyer, the legal team at Lependforf & Silverstein has successfully handled numerous fraud cases and acquired favorable outcomes for our clients. To learn more about how we can help you and your situation, call (609) 240-0040 today.

Comment Envy

SHG@simplejustice.us (Scott Greenfield) — Thu, 02 Sep 2010 11:38:00 GMT

Amongst most blawgs, Simple Justice gets its share of comments. But it's nothing compared to Volokh Conspiracy. GW Lawprof Orin Kerr, who is known for his lengthy and well conceived posts on significant legal issues, showed his lighter side when he posted about The Ultimate Legal Blog Comment?

I found this gem in a comment thread at the blog of my collegue [sic] Jonathan Turley by commenter “Mick” at 4:42 am, May 22, 2010:

How do you ...

I found this gem in a comment thread at the blog of my collegue [sic] Jonathan Turley by commenter “Mick” at 4:42 am, May 22, 2010:

How do you live with yourself? A supposed Constitutional expert that doesn’t know what a Natural Born Citizen is? I would say that you probably do. You know, and are obfuscating the fact that Obama is not an eligible Natural Born Citizen, NO Matter if born in the White House, in JFK’s lap. Obama Sr. was not a citizen when Obama 2 was born. You and Obama both know that makes him ineligible. Destroying the Constitution for the benefit of your Leftist agenda. Fraud!!!

Awesome.

Awesome indeed. Lord knows we can have some fun with some of the nuttier comments that people leave, and this comment is, as those youthful lawprofs like to say, awesome.

But even within the scheme of awesome, there is, well, awesome, and as Orin subsequently notes, the awesome had just begun.

I don’t know whether to laugh or cry that the comment thread to my post from yesterday, The Ultimate Legal Blog Comment?, is now at 314 comments.

As of the moment of this keyboard tapping, the number stands at 506, and appears to hold the potential to start a meme, where all comments to Kerr going forward will end in "Fraud!!!".

Now that's awesome. Really awesome.

And they say scholars are no fun.

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Child Cruelty

SHG@simplejustice.us (Scott Greenfield) — Thu, 02 Sep 2010 10:13:00 GMT

Let's be frank, had Caroline Giuliani not been sired by Rudolph, no one would have either known or cared about her arrest for shoplifting or her court appearance, where she was given an adjournment in contemplation of dismissal (ACD) with one day of community service. I wrote about it, not because of Caroline but because of my deep, abiding feelings toward her father. It would have killed me not to take a shot at Rudy.

The outcome of her case, a first arrest for a minor offense, was absolutely, completely, totally typical. She was shown no favor for her lineage. She was also treated no more harshly than any other defendant. At least by the court.

Unfortunately, Carolyn Giuliani didn't fare as well in the blogosphere. In a post at Above the Law, this young lady was pointlessly skewered in a post entitled All Made Up and Nowhere to Go -- Except Community Service.

You might remember that a month ago, Caroline Giuliani was busted for stealing $100 worth of cosmetics from a Sephora store on the Upper East Side. Well, yesterday the swift hammer of justice came down upon young Miss Giuliani’s perfectly made-up head. And I think it’s fair to say that any young woman seeking to figure out her daddy issues by thieving beauty supplies will think long and hard before she goes on a crime spree:

The daughter of prosecutor and former New York City mayor Rudolph Giuliani will have a shoplifting charge dismissed and her case closed and sealed if she completes a day of community service at the city’s sanitation department and doesn’t get arrested again in the next six months.

You read that right. A day. Just enough time to think long and hard about what she has… day’s over! Smell ya later, Sanitation Department! Seems like that gross of “Free Caroline” T-shirts wasn’t the good investment I thought it would be.

Funny? Was there something about her appearance ("perfectly made-up head"), psyche ("daddy issues") or attitude ("smell ya later") that gives rise to a college student whose only external interest is an poorly coiffed father that being ridiculed? No, it's not funny. Ridicule Rudy? Fair game. Ridicule an improper disposition given the offspring of a anti-crime zealot? Fair game. Ridicule a young lady personally? Unfair.

What it is, sadly, is a pathetic attempt at snark by one child at the expense of another.

Ed. note: This post is by “Juggalo Law,” one of the two writers under consideration to join Morning Dockette as a Morning Docket writer. As always, we welcome your thoughts in the comments.

ATL has become the blogospheric equivalent of a cottage industry, converting a weird interest by David Lat in Biglaw smarm and judicial underwear in a revenue-raising enterprise. He's the Harvey Levin of blawgs to ATL's TMZ. To his credit, he's making money at it, which is no small feat.

The process, however, has given rise to some transitional growing pains. ATL started at Lat's baby, and despite his untoward curiosity with judicial salaciousness, he brought sharp wit and an exceptional understanding of how far one could go before going too far. ATL was an immediate, blockbuster success, and drew huge interest from Biglaw newbies and wannabes, who proved their mettle by writing the most idiotic, nasty comments conceivable.

In time, Lat went from A3G to CEO, leaving a void to be filled. He ran a brilliant contest called ATL idol, which ended with Elie Mystal filling Lat's small shoes. Elie, another Harvard grad and Biglaw washout, has grown into the job, though he's lately been spreading his reach beyond his grasp. For a while, Lat had non-lawyer Kashmir Hill doing yeoman's work, but she got a real job with Forbes and left ATL in a bind. And so Lat's running another contest, a little lower profile, to find some worker bees.

The nature of ATL is to be snarky and salacious, but the children vying for Lat-love possess neither the wit nor grasp that made ATL a blogospheric staple. It's not easy to find writers for a blog like ATL, and apparently even less easy to find writers with the guts to use their real name while ripping others. But this one, calling herself Juggalo Law, shows how the desperate need to be a wiseass overcomes any semblance of sound judgment. They know that Lat wants snark, and try to be as snarky as possible, even to the point of gross impropriety.

Even Law and More noted that this post went too far:

In the tradition of American Idol, it seems that Juggalo Low is auditioning for being a writer of the "Morning Docket" on Abovethelaw.com. Her try, which consists of commentary on Sweet Smelly Caroline Giuliani, lacks the usual brilliance and sarcastic bite of ATL.

Humor is a difficult genre. That's why they pay such big bucks to those who master the craft. Therefore, it's too high risk to try to handle it so early in a writing career or in a new client relationship. Best to incorporate subtle irony.

She asks whether this commentary is too harsh. It strikes me as too kind. Jugs isn't entitled to be inappropriate in the job hunt process, and she's not funny. The idea that she can do "subtle irony" seems to be a huge stretch, as their was nothing subtle or ironic about her post. This might have been a "here's a dime" opportunity.

Growing pains at ATL have given rise to a number of dubious decisions, ranging from pointless "columns" to guest-writers lacking any subject matter qualifications to flagrant pandering on behalf of paying advertisers. If that's what Lat needs to do to fill blank space, that's fine. It diminishes ATL (as happily noted by the commenters) and harms no animals in the process.

When the posts personally attack the wrong people, however, like "Smelly Caroline," it's time to pull the plug. I realize that David's probably busy signing autographs and fielding requests for Elie's television appearances, but he still holds the keys to publishing these posts by children without sound judgment. Come on, David, you had no issue dropping the hatchet when you were an assistant United States Attorney in New Jersey. Time to exercise some prosecutorial discretion at ATL and put an end to the offense.

Hitting the Bar Could get You Disbarred

Thu, 02 Sep 2010 00:48:33 GMT

As a California attorney, you are held accountable not only for your professional conduct, but for your personal conduct as well. And while this may seem like an unfair standard, it is, unfortunately, the way it is. If you were...

If you were to commit fraud, theft, sexual harassment, or any other job-related offense while on the job, the State Bar of California would certainly discipline you…no surprise there. However, this also means that even if you are driving home from a wedding and are arrested for a DUI, are accused of domestic violence against your spouse, or are caught carrying a concealed weapon, the Bar will likely take action as well.

Arrests and convictions subject California attorneys to discipline…whether job-related or not. And what’s worse is that you have a personal obligation to report any pending criminal matters or convictions to the State Bar.

The good news is that the Bar will not revoke or suspend your license without a hearing. This is your opportunity to show why your personal arrest or conviction does not justify professional discipline.

So California attorneys, beware…your personal life can significantly impact your professional life.

6 months? Oh no!!

Wed, 01 Sep 2010 23:03:02 GMT

I was just talking to a friend over in the UK (Hi Alex!!) and he asked if I put something up on my blog.... sadly, I had no idea it had been so darn long. I can't believe it's been 6 months since my last post. My daughter has probably doubled in size!! OK, not really. She's still a shrimp. But she's MY shrimp!

What's happened in 6 months? Here's the summary:

Work
New soccer team
Julie's birthday
Springtime in Atlanta (and a trip to the Botanical Gardens)
Visits with all the grandparents
Bought a house

Work: I had a trial a few weeks ago (won) and got moved to a new courtroom.

New soccer team: I'm playing with a new bunch of guys and having a really fun time. I've reluctantly agreed to play keeper since I have some experience. I'd rather be in the field, but the team needs me there and I still enjoy getting out there and playing.

The house we bought is up in Hiawassee, GA. It's on lake Chatuge and is a quiet place for all of us to get away from the city life. The house itself has been great, ready to move in and everything. The lot is huge and has a bunch of shore-line. We need to work on getting a dock so the girls can sunbathe out there, but otherwise it's really just a ready made get-away for us all.

How is it September already? Summer came and went in the blink of an eye.... what the hell was I doing this whole time?

I scream, you scream, we ALL scream....for HYGIENE!!!!

jayrgreenwood@gmail.com (jayrgreenwood@gmail.com) — Wed, 01 Sep 2010 22:43:25 GMT

...Sometime last year I finally convinced myself to go to the dentist again. It had been roughly 8 years since my last appointment and something told me that a time span approaching a decade wasn't in compliance with the recommended regularity of visits. Truth be told, my kids were due for a visit and I figured I couldn't lambaste them for their dental hygiene unless I kept up with my own. But I absolutely hate it there. And the weird thing is that I haven't had a cavity...ever. In fact, other than braces, I've never had anything wrong with my teeth that required any real work. And even the braces were pretty tame. I didn't have any rubber bands, or headgear or Frankenstein-esque bolts that required tightening. Outside of the occasional stray wire, resulting in a bloody cheek, there wasn't much to them. So why, then, do I absolutely loath having them work on me? I'll tell you why...because even routine check-ups hurt like a bitch, that's why.

It makes me squirm just thinking about those seemingly-gentle ladies jabbing into my face with their little mouth sickles and manhandling my teeth with an orbital sander as though they were weathered planks of an oak floor. Have you ever seen a knee surgery on video? The way they just bend and contort the leg all over the place as if there wasn't a human attached to it? Well, they do that same thing with your mouth when you get your teeth cleaned. The only difference is, you are awake the whole time so you can see, hear and FEEL every poke, prod and bludgeon. You get to smell your enamel being sanded off your teeth. And you get to taste the bloody mess they've made of your gums right before you get your tongue sucked out of your mouth by the hand-held Dyson they cram in there. All this work to make sure your teeth are pretty and functional. To me, this seems to be the equivalent of keeping one's car running smoothly by every six months having a mechanic dump a toolbox full of wrenches into the open engine compartment and driving around the block.

Of course, after they're done and my mouth feels like I ate a razor blade pie covered in minty sand, they asked the question..."do you floss?". My thought was "Lady, it took me 8 frickin' years to get into the dentist, do you actually think I've taken the time to run a waxed rope through my teeth every day?" And I don't think for a second that she actually wants to know whether I floss. I think she knows she just detonated a bomb in my mouth and she wants to shift the blame to me. Like "Sir, if you would floss then I wouldn't have to use this rusty metal hook and you wouldn't leave here feeling like you spent an hour chewing on thumbtacks." I'm on to them.

And perhaps what scares me even more than enduring that "cleaning" shitstorm is that there is a chance they MIGHT actually find something wrong and have to do "major" work as well. But after my experiences with "routine" cleanings, I'm pretty sure I don't want to be around when they get into the heavy duty shit. During the light stuff they scrape invisible goo off your teeth with a sharpened hook and blast your face with a super-sonic mini water cannon. So for a cavity do they roll a fuckin' Bobcat next to you and hammer away at your face like they were busting up a sidewalk? The fear is rational people.

And now it seems as though my daughter has inherited the gene that allows one to sense the danger these sadists represent. I know this because the last time I took her and Max to the dentist (their second check-up) Lucy absolutely LOST. HER. SHIT. Everything was fine when we got there. Her and Max went straight to the little play area that they have set up next to the gigantic fish tank where they promptly made a mess. They were happy and enjoying the day...and then they called their names. Max went into his room and began the process. But she immediately froze up. It was like someone had called her into Orwell's "Room 101". I went over to her to try and help her move along and she grabbed onto my leg and would not let go. Now we were both immobilized. I tried to pick her up and she yelped. I tried to kneel down but her grasp tightened and she wouldn't let me bend my legs. So I bent over and asked her what was wrong. It was at that very moment that it started.

Somewhere within her tiny frame a connection was made with the depths of hell and, as though her throat was an expressway from the lakes of fire, demons POURED from her mouth. She writhed. She gasped. She flailed. She screamed. I kept looking around to see if Max von Sydow was outside the door. She would not let the hook-lady touch her. And every time she said something like "It's OK Lucy, we just want to count your teeth", she got louder and more incoherent. I think she started sweating. I knew I had. The hook-lady said "maybe I'll step outside and you can have a moment". (my thought was that instead of taking a "moment", she could be "taking" me to where they kept all the liquor.) So she left the room and I tried to get my daughter to calm down. But she wouldn't even look at me. Instead, she kept thrashing her arms around and kicking her legs out. At one point she kicked me in the chin. Now, my chin is pretty large and hard to miss, so I didn't get too bent out of shape at that point. But then she kicked again and plugged her baby brother in the head and knocked him over. Now HE'S crying, she's having a freakin' seizure and I'm starting to get pretty pissed off. I mean, like "in about 10 seconds I'm taking away birthdays and Christmas"-type pissed off. And to top it off, my lovely wife, who was supposed to have been there 10 minutes prior to this little shit show, was nowhere to be found. So there I was with a crying baby, another toddler (who was bravely enduring everything in another room thank GOD) and this frickin' SPAZ curled up in a ball on the dentists chair sobbing and kicking like a drugged rodeo horse. Nice.

Then the lady came back in and gave her the word..."the doctor said that we'll have to try again next time. He can't see her if she's like this". And as though the director had screamed "SCENE"...the show ended. She straightened up, gathered herself, de-wrinkled her dress and went into the other room where her brother sat with sunglasses on (I was in no position to care why), getting his teeth sealed. And then her mother showed up. I left.

I was so torqued at my daughter that I momentarily began looking for toddler military schools on my blackberry "Point" app. But in the back of my mind, I could not stop thinking about how well her antics had worked and how absolutely flawless her execution was. She didn't want to go to the dentist and by letting all that evil come out of her and by laying waste to the entire dentist's office, she prevented me from making her go. And to top it off, I'm scared to even try again. GENIUS!!!

So now I have a safety net. If I ever go to their office and they tell me I have to have something major done I'm going to go succumb to my inner demons and go to a very dark place. Let's see those bastards jab me in the tongue after I start chanting in Aramaic and bite one of their fingers off.

Defense evidence in Nick Adenhart not admissible

d.jaffe@duiattorney.com (Dan Jaffe) — Wed, 01 Sep 2010 21:13:36 GMT

An Orange County judge ruled on Wednesday that the attorney for the man accused of driving under the influence in an accident that took the life of Los Angeles Angels pitcher Nick Adenhart cannot introduce evidence the driver of Adenhart's car was drinking. According to Judge Richard...

[This is a summary of the article only, to view the whole article, please visit http://www.duiattorney.com/news/]

Missouri law creates central drunk driving offense database

d.jaffe@duiattorney.com (Dan Jaffe) — Wed, 01 Sep 2010 18:49:09 GMT

The new Missouri DWI laws are in effect as of August 28, 2010. House Bill 1695, signed by Governor Jay Nixon in June of this year, changed several provision of the laws. Many of the changes will have a direct impact on repeat offenders or those registering a high blood alcohol content (BAC) level...

[This is a summary of the article only, to view the whole article, please visit http://www.duiattorney.com/news/]

Missouri DWI Law 101: House Bill 1695 In Action

d.jaffe@duiattorney.com (Dan Jaffe) — Wed, 01 Sep 2010 18:49:09 GMT

California Executions? Is Death Row Really the Target of California's Budget Crunch?

terry@lenamonlaw.com (Terry Lenamon) — Wed, 01 Sep 2010 17:06:39 GMT

California re-instituted the death penalty in 1978; however, California has not executed anyone since February 2006, when Federal District Judge Jeremy Fogel stayed the execution of Michael Morales based upon Mr. Morales' arguments against lethal injection as cruel and unusual punishment.

Federal Judge Fogel Has a Big Decision to Make

Now, after four years have passed without anyone on Death Row being executed by the state, Attorney General Jerry Brown filed motions before Judge Fogel, fighting for removal of his stay because California "... now has presumptively valid regulations for carrying out lethal injections."

Included in the State's request was the revelation that California planned to proactively file papers for new execution dates be set for Mr. Morales as well as several other men who set on Death Row (and no longer have any appellate options available to them).

Judge Fogel is considering Attorney General Brown's request. Part of his consideration has to be not only the new lethal injection procedures that California has in place, but the new death chamber located at San Quentin facility -- together, do they resolve his prior concerns about the unconstitutionality of the California execution procedure?

State Judge Adams Stands Firm: No Executions Until She Rules

California's Marin County Superior Court Judge Verna Adams has a say here, as well, and she's not dancing with Jerry Brown. Yesterday, Judge Adams affirmed that the Order she issued in 2007, halting executions by lethal injection until new state regulations could be adopted, remains in effect.

She has not changed that 2007 Order, and Judge Adams reaffirms that until she issues another court order, her 2007 Order remains in effect. No executions until she says so.

Attorney General Jerry Brown reports that Governor Arnold Schwarzenegger has asked him to appeal Judge Adams since new regulations became effective on Monday.

Death Warrants Issued Despite State Judge and Federal Judge

Regardless of both a federal judge and a state judge, the State of California has started issuing death warrants. Albert Greenwood Brown was the first Death Row inmate in over four years to get a death warrant, notification that the State has scheduled his execution for September 29, 2010.

The Department of Corrections has told the media that Mr. Morales and five other men should be receiving their death warrants soon.

California Death Row May Prove a Failed Strategy for Many

California has lots of folk sitting on its Death Row right now. In fact, we've written about how some California defendants actually prefer a sentence of death these days, because they live in better conditions on Death Row than they might face with a standard life sentence. Knowing that California was not executing anyone, savvy defendants were asking for capital punishment as a strategic decision on how their future days would be spent.

Billy Joe Johnson's request for a death sentence (which was granted) has made the national news, shining a spotlight upon the advantages of California Death Row. Death Row residents get single cells (they don't have to share a cell); their cells are bigger; they get more phone calls; they get to go outside every day, over the lunch hour; and more.

California Is Broke: Is Money the Elephant in the Room Here?

We've had several guest posts here discussing the California budget crisis and the amount of money that could be saved if California were to take the death penalty off its books. Millions of dollars are at issue here, in a state that is known to be strapped for cash.

Is it a coincidence that suddenly, in an election year, executions are on the fast track in California? Or is money the real reason that after four years, death warrants are suddenly being issued for executions within 30 days time -- curious isn't it?

The "Great Trial Lawyers" Get Creative When Making a Record

scottkey@bellsouth.net (Scott Key) — Wed, 01 Sep 2010 16:27:21 GMT

I really loved Maxwell Kennerly's blog post yesterday, Titled "Young Lawyers: Be Careful Emulating Great Trial Lawyers." I loved the ethos though I am not wild about the application. Mr. Kennerly's post is a reaction to another blog post offering advice for trial lawyers. Essentially, Mr. Kennerly wonders whether it is a good idea for young lawyers to learn from great lawyer characters from old movies. More particularly, he wonders whether lawyers should use some of the tools Paul Biegler, played by Jimmy Stewart, used in the 1959 movie Anatomy of a Murder. Those tools include speaking objections, ignoring the judge when he tries to govern your conduct, and knowingly asking questions in violation of the rules of evidence in an over the top, Jack McCoy on Law and Order sort of way.

He thinks he would advise against it but laments that fact and wonders aloud.

My fear is that as the hairs on my head gray, I have become increasingly conservative. Rather than thinking outside the box, I recokon where the walls are before trial and try to stay within them, to demonstrate my legal acument. But since when is trial about anything other than the narrative at hand? Is time spent in silent struggle with [the] evidence code time that could better have been spent constructing a narrative that persuades, and then finding the means to tell it, including the drawing of objections?

There are two ideas in this well-written paragraph presented as mutually exclusive that really are not. But I think it's important that the point not get lost. That point is the single thread that runs through his blog post. So, let's take the thread first then come back to the two points.

The thread is the idea of Beginner's Mind. I think it's okay to go there in talking about this post because there's a zen category on Mr. Kennerly's blog. In his prologue to Zen Mind, Beginner's Mind, Shunryu Suzuki writes that

In the beginner's mind there are many possibilities, but in the expert's there are few. ... For a while you will keep your beginner's mind, but if you continue to practice one, two, three years or more, although you may improve some, you are liable to lose the limitless meaning of original mind.

I'm not sure that Suzuki would appreciate me lifing these concepts out of context and dropping them into a discussion of trial law and preserving an appellate record. But they work, and I think that Mr. Kennerly is getting at it. So, now to the mutual exclusivity piece.

Yes, it is important to find your narrative or your story. That story should be the glue that holds it all together for you. And it is the glue that holds an appeal together as well. If you are the appellant and you only talk nuts and bolts, you will lose most of the time. The nuts and bolts are how you win. But the narrative gives the court (for the trial lawyer, the jury) a reason to want for you to win. But the narrative is not the banner you carry with you as you march over decorum or the rules of evidence. The narrative is what drives those in power to help you win. You take the narrative with you into the time you spend struggling with the evidence code. After all, suppose your opponent finds her narrative. Should your opponent's grasp of narrative allow her to introduce your client's character, comment on his failure to testify, or wave around evidence that probably can't be admitted to inflame the jury?
Thinking outside the box means approaching the law with a sense of creativity, even playfulness, and finding new angles, challenges not dealt with before now in precedent, and a view of the statute and cases with a new set of glasses. With your beginner's mind, you can ask the judge for rulings based upon your fresh approach. If you win, all the better. If you lose, then the appellate lawyer will have something to try in the appellate court. But outside the box should not mean acting less than an officer of the court (not saying that Mr. Kennerly claims that you should, but others might read his writing on this point and reach this conclusion on their own).

Now, getting back to Jimmy Stewart's character. He's not exactly a guy in love with the law. There is a real cynicism in him as portrayed in the movie. He's not exactly finding the narrative and using it to breath life into the trial. Remember the famous scene where he tells his client all the possible defenses before he gets his story so that client will shape the facts accordingly. The character is actually everything that Mr. Kennerly fears lawyers might become with age.

A beginner's approach is in order. It will make it fun for you, and it will make for a better appeal -- if you ever need it.

Labor Day Alert for Tennessee DUI Enforcement

rob@robmckinneylaw.com (Rob McKinney) — Wed, 01 Sep 2010 16:00:08 GMT

As summer fades, the Labor Day weekend is upon us. Motorists and boaters will be out in full force in the Volunteer State this weekend. Holiday weekends also mark an increased effort by the police for DUI enforcement and more boat checks by the Tennessee Wildlife Resource officers.Firs , I encourage every one to drive safe and drink responsibly.. However , the DUI roadblocks have been announced.

In the State of Tennessee , it is expected the police will set up over 200 roadblocks and spend thousands of dollars running TV ads on public awareness. Mt Juliet Police announced a series of roadblocks they are conduction in Wilson County Tennessee.

DUI checkpoints are allowed under the Tennessee Constitution provided the particular DUI roadblock is established and operated under predetermined operational guidelines and supervisory authority that limits arbitrary discretion of law enforcement officers.

I hope every one has a safe and happy Labor day this weekend.

In Peoria, Sentence First

SHG@simplejustice.us (Scott Greenfield) — Wed, 01 Sep 2010 11:53:00 GMT

Via Doug Berman, there's a a columnist for the Peoria Journal Star named Phil Luciano who has come up with a provocative approach to sentencing everyone's favorite hair mishap, Rod Blagojevich.

How would you like to see Rod Blagojevich punished?

I'd like to see him do something that involves hard and demeaning work. You know, like real punishment.

In the real world, that ain't gonna happen - at least, not how a lot of us would like it. I realize change comes ...

Via Doug Berman, there's a a columnist for the Peoria Journal Star named Phil Luciano who has come up with a provocative approach to sentencing everyone's favorite hair mishap, Rod Blagojevich.

How would you like to see Rod Blagojevich punished?

I'd like to see him do something that involves hard and demeaning work. You know, like real punishment.

In the real world, that ain't gonna happen - at least, not how a lot of us would like it. I realize change comes slow to our governmental systems. And, frankly, my ideas make too much sense to get real consideration.

Luciano then goes into a discussion of how his dear ex-con buddy, "Screamin'," says federal time is easy. That, Luciano explains, is why they call it "Club Fed." Nothing gets past a columnist in Peoria.

Behind bars, Blago gets easy jobs and a chance to network with other pols and bigwigs. That's hardly what I call punishment. So maybe it's time to get creative.

Judges sometimes opt for alternate sentences nowadays. In Ohio, a man who ran from police was forced to jog around a jail every day. In Texas, a woman who tried to weasel Hurricane Katrina rebuild money had to clean houses. In California, a beer thief had to wear a T-shirt declaring his crime.

But those were state sentences. Federal sentencing guidelines don't allow anything but incarceration.

Yet wouldn't it make more sense to find a different way to handle Blago and others like him? A way that not only makes him pay his debt to society but takes the taxpayer off the hook?

Don't get hung up in his mistaken assumption that there's no room in federal sentencing for a little imagination. Word that the guidelines are merely advisory probably hasn't made it to Peoria yet, so it's not his fault. The Booker decision will be in his mailbox any day now. Any day.

Make him work a 9-to-5 minimum-wage job - fast food, retail or whatever - so he can learn how the little guy squeaks by while earning money to help support his family. At night, he would have to stay at home - no restaurants or fun until his term is over.

Weekends, though, he would do very visible public service. Picking up trash on the highways, cleaning state Dumpsters, shoveling state-owned sidewalks - anything involving sweat and humility. And the aggrieved public could watch - perhaps with knowing smiles and pointing fingers - what happens when a government official brazenly goes bad.

Now, that's effin golden - at least, as far as the public is concerned.

Effin? The guy writes a newspaper column and the best he can do to express himself is write "effin"? He's a wild man. As for his contention that a more custom-tailored sentence will make Blago "pay his debt to society," it appears that Lucky is focused solely on the general deterrence component of sentencing. Since Blago's unlikely to hold another government position, he won't be in need of specific deterrence. He could use some rehabilitation, since we learned on the Apprentice that the guy is computer illiterate, which will definitely impair his future employment potential.

But there's one additional issue that Luciano seems to ignore. As far as I recall, the only thing Blago has been convicted of is lying to federal agents, who were investigating allegations of misconduct in office, the sale of Obama's senate seat, for which he wasn't convicted. It's not like I'm on Blago Watch, but I'm pretty sure that the retrial has been put off until the healing is completed from surgery to remove Blago's foot from his mouth. So what exactly is he talking about when he writes "what happens when a government official brazenly goes bad."

Phil, or Lucky, or whoever, my suggestion is to put this very interesting column back into your pocket until the day after a jury returns a verdict that supports your views about Blago, at which time you'll have something really great to stick in the paper. But not now. In America, we like to wait until after a guy is convicted before we argue about sentence. I wonder how that will play in Peoria?

Top 10 Excuses For A Dead Child

SHG@simplejustice.us (Scott Greenfield) — Wed, 01 Sep 2010 10:48:00 GMT

The normal course of affairs is that there is no situation a police officer prefers than one where he comes out a hero. Saving a life, especially that of a child, is the chance to make the front page, get the gold shield, shake hands with the mayor and make a name for oneself. So what if that's what they are trained and paid to do. Glory is a wonderful thing.

Which is why the story of Briana Ojeda, an 11 year old in Carroll Gardens, Brooklyn, is so bizarre. She died following an asthma attack, with her mother alleging that an NYPD officer she flagged down after hitting a car in an effort to get her daughter to the hospital, refused to perform CPR, claiming he didn't know how to do it. The officer then drove behind her as she made her way to the hospital, rather than leading the way to expedite her arrival. And then drove off.

The story first appeared in the New York Post, and was picked up on cop website PoliceOne.

Briana was playing in Carroll Park in Carroll Gardens on Friday when she suffered an asthma attack, according to the family.

Her mother managed to drive her within three blocks of the hospital when she hit a parked car and flagged down the white marked car for help.

Michael Ojeda said he has a radio scanner and heard the cop who stopped his daughter misrepresent what happened when he called other officers.

Scott Voloshin, a good Samaritan who performed CPR on Briana, later insisted the man who stopped the family was an NYPD officer.

But Browne noted that the family claimed the man denied knowing CPR, in which all NYPD officers are trained.

The department "has not yet determined whether he was an NYPD officer or some other uniformed individual, such as an auxiliary [cop] or a traffic agent or a lookalike entity," he said.

What sort of outrage, anger, mere sadness and condolence, did the fine officers have for the grieving family of this 11 year old child?

Posted by Baltoblue on Tuesday, August 31, 2010 08:01 PM Pacific

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I could be wrong, but it sounds like mom did a hit and run on the way to the hospital, and if it was NYPD, they were trying to box her in as she appeared to be fleeing the scene. Either way, this reporting is horrible and makes no sense. Press members like these two should be fired. If only members of the press were responsible for true representation of facts in their "reports", just the same as police are......

Posted by louieo311 on Tuesday, August 31, 2010 06:40 PM Pacific

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Excuse me people..... have you not heard..... People are no longer responsible for their own actions ! It is our fault that they did something stupid because our badge allows us to control EVERYTHING.

Posted by TravisLudlow on Tuesday, August 31, 2010 05:43 PM Pacific

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I agree. And how does one officer box in a car? "I have you surrounded!" Bottom line is, we can't give people permission to violate traffic laws. They should have called the squad.

Posted by vtdp3 on Tuesday, August 31, 2010 05:10 PM Pacific

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Probably didn't want to pay for the ambulance ride.

Posted by Smeared1 on Tuesday, August 31, 2010 02:52 PM Pacific

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I know this sounds callous but this is most likely how it went - Mother not watching asthmatic daughter properly, later finds asthmatic daughter on deaths door, wrecks in a panic to get to the hospital, don't have money for the funeral, and now wants the PD to "ease their suffering" with taxpayer money, period.

Posted by derb79 on Tuesday, August 31, 2010 02:38 PM Pacific

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Nothing about this story makes any sense...

Posted by jhulme369 on Tuesday, August 31, 2010 02:36 PM Pacific

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...and it took 2 reporters to come up with this so called report?? "By Michael Blaustein and Jamie Schram
The New York Post"

Wow, the media is far more irresponsible than any officer that they condemn.

Posted by jhulme369 on Tuesday, August 31, 2010 02:33 PM Pacific

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I agree totally with arff... they can't even get the story straight, but somehow it's a cop's fault. the young child has, aparently, severe asthma. Why don't the parents have an "eppi" pen to slow the effects of asthma down while EMS responds to THEM, instead of attempting to drive as an emergency vehicle through N.Y. without anyone caring for the child? Why was the father listening to the "scanner"? Was he present when the daughter became asthmatic? Was he not present and the mother called him first instead of 911? Furthermore, how can the NYPD not know who responded? Surely, a medic was called to the location where the mother was "boxed in" by the officer. This "report" is missing a LOT of information, and just sounds like a grab for money by the parents who are themselves responsible for the delayed medical treatment of their daughter. Great now I have a headache... too many questions...

Posted by arff312 on Tuesday, August 31, 2010 01:58 PM Pacific

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Ok I dont normally respond but this is crazy. I got a headache reading this. First of all the article states that a Cruiser attempted to stop the car by boxing it in."Briana, died after a uniformed officer in a police cruiser tried to box in a car driven by his wife".

Later in the article it says "Her mother managed to drive her within three blocks of the hospital when she hit a parked car and flagged down the white marked car for help"

However it says that the farther was listening on the scanner when " the cop who stopped his daughter misrepresent what happened when he called other officers."

But the wife admits she wasnt stopeed she hit a car and flagged the patrol car down.

Is this whole story just a joke ?

Why didn't they call 911 like a normal person would ? Espically when you are going to face NYC Traffic.

Posted by DBPDMatt on Tuesday, August 31, 2010 01:51 PM Pacific

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Im confused. What happened? Why were they stopped?

More importantly, why wasnt an ambulance or LE called. Ambulance could have transported code...so could the PD if serious enough an the rig was too far out.

As callous as it sounds, had they followed a common procedure, their daughter might have lived.

Granted, the story is less than informative in many respects, though it is the New York Post (the most knee-jerk pro-law enforcement paper in New York and, purely coincidentally, catering toward people who prefer short words and even shorter stories), yet there is no doubt that the story involves a dead child. Nonetheless, not one demonstrated the slightest concern for the child.

Since this story, it's been determined that it was indeed an NYPD officer, a five year veteran, Alfonso Mendez, who was on the scene and refused to give CPR or otherwise help. According to investigators, Mendez wasn't confident in his CPR abilities, so decided to do nothing.

After identifying Mendez from a gas station video when he filled up the tank of his cruiser, he was suspended without pay and stripped of his gun and shield. Not for failing to help Briana, however.

That Officer Mendez never made a record of his actions is what led to his suspension, Mr. Browne said. “A police officer would be required,” he said, “to radio in the fact he had this pickup job.”

That's police lingo for a dying 11 year old child on the street. A pickup job. Don't forget to call it in or you could get in trouble. Then, even your brother officers may not defend you.

The Court must be Clear on Restitution Calculations

Tue, 31 Aug 2010 23:29:32 GMT

The California Court of Appeal recently held that a Court abuses its discretion when it fails to make clear the statement of calculation method it used in ordering restitution to the victim of the crime. In People v. Jones, No....

In People v. Jones, No. C063113, the defendant entered a plea of no contest to driving under the influence and admitted prior DUI convictions. As part of a plea agreement, a charge of hit and run was dismissed. Nonetheless, the trial court ordered Jones to pay restitution to the victim of the hit and run.

At the restitution hearing, the victim testified that Jones damaged a camper that the victim used in her business. She testified that it took nine months to complete the repairs and sought $5,606.62 for lodging and meal expenses, wages she had to pay to others to run her business, and the cost of repairing her car’s bumper, which was torn off when she came to court. The court ordered restitution in the sum of $4,468.40, noting that the time it took to fix the camper was unreasonable. The court did not otherwise explain the method of calculating that figure.

Jones appealed the case arguing that the trial court erred in failing to explain its calculation method. The court of appeal agreed and reversed and remanded to have the trial court explain it’s calculation methods. Under Penal Code Section 1202.4, if a victim has suffered economic loss due to the defendant’s conduct, the court must require the defendant to make restitution to the victim. Courts must employ a method of calculating restitution that is rationally designed to determine the victim’s loss, and make a clear statement of the method used and how that method justified the ordered amount. Here, the trial court failed to make a clear statement of the calculation method it used.

If you or a loved one is facing a criminal charge, it is possible that you may also face restitution. It is important that you speak with an experienced attorney who can make sure the court follows the proper procedures when dealing with a determination of a proper restitution amount. At Wallin & Klarich, our Southern California criminal defense attorneys have over 30 years of experience. We will fight to defend your rights and get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

What is a Plea Bargain ?

rob@robmckinneylaw.com (Rob McKinney) — Tue, 31 Aug 2010 22:34:14 GMT

As I continue to determine what direction this blog should take., I am going to add a new category. The Tennessee Criminal Law Dictionary.

What is a Plea Bargain ?

A plea bargain is the process where the District Attorney and the lawyer for the accused tries to work out an agreement to settle the criminal charge.It usually involves the accused pleading to a lessor crime or a reduced jail sentence.Plea bargaining is governed by Rule 11 of the Tennessee Rules of Criminal Procedure.

Note. As a friendly reminder for my prosecuting attorney friends who may read the blog. I would like to remind everyone that a plea bargain means plea equals bargain.

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