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- Anonymous Call and Support for Traffic Stop Regarding DUI
Cell phone use has made life simpler for drivers and passengers when it involves road issues. When another driver appears to be under the influence of alcohol, it is easier than ever to make an anonymous call to report the person. However, in many instances, the caller wants to remain anonymous for fear of being part of the trial as a witness or having to make a statement to police.
- How a Defendant’s Grand Jury Testimony Can Be Used at Trial
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendant’s legal rights.
- A Picture is Worth a Thousand Words: New North Carolina Law Regarding Body and Dash Cam Footage
In North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
- Supreme Court Addresses Breathalyzer Tests
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
- The Problem of Disabled Prisoners
On July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
- After Arrest, What Do the Police Require?
Law enforcement officers often arrest citizens for various reasons in different manners. During the arrest itself, it is important to stay calm, remain peaceful as cuffs are tightened, follow orders to get in the vehicle and ensure all behavior is completed in a composed manner. There is no reason to allow any possible incrimination or potential penalties for negative behavior when being arrested.
- Intricacies of Police Investigations
Often the best legal advice given in cases involving criminal law is to remain silent when a police investigation begins. This is often said for those that have been suspected of any crime. It does not matter if the individual is a suspect, a subject involved or someone that may have witnessed the crime.
- Internet Privacy
Technology is evolving at a pace that is difficult to keep up with, especially in the area of laws protecting privacy. When the Electronic Communications Privacy Act (ECPA) was established in 1986, it was a much different world than today. Computers and email exchanges were just beginning to be used by businesses and consumers, making the laws sufficient.
- Delaware Bill for Homosexuality as Marital "Misconduct"
A bill recently proposed in Delaware could have an impact on how other states consider homosexuality when a couple declares legal grounds for divorce. In order to file for divorce in Delaware, an individual must file a Petition for Divorce, where they declare a specific “grounds” upon which the divorce is being sought. Delaware courts can enter a decree of divorce if they find that a marriage is irretrievably broken, which is characterized in part by one spouse’s misconduct
- Mandatory Childhood Vaccinations in Illinois
In order to be enrolled, many states require students to provide proof of immunization to attend school, including Illinois. Until recently, parents were permitted to excuse their children due to medical or religious explanations. For religious exemption of this requirement, a letter from a parent to the school administration was all that was needed stating the children’s vaccination violates religious beliefs held by the family. Medical exemption could be proven with a letter from the doctor.