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- Warratless Blood Draw in DUI Investigation
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.
- What is the Fundamental Attribution Error?
The fundamental attribution error is a term, which refers to the common human error in which people tend to underestimate situational influences and overestimate individual personality factors, when explaining behavior.
- Federal Sentencing: Follow the Yellow Brick Road.
When I think of a judge imposing a federal sentence, my mind often drifts to the Wizard Of Oz and that little masked man standing behind the curtain.
- NJ Senate Approves Change to DWI Law and Require Interlock Machine on Car
New law permits DWI defendants to drive after having the machine installed. NJ Senate on February 5 voted 29-4 to change the DWI Law to require a car interlock device. Senate Bill No. 385 is now being submitted to the Governor for signature. The Assembly approved the bill in June, 2014.
- Differences Between Assault and Aggravated Assault
Assault and aggravated assault charges in Florida differ based on a variety of factors, including if a deadly weapon was involved in the offense and who is the alleged victim. Assault generally is a misdemeanor with possible jail time, but aggravated assault is a felony offense with harsher penalties.
- Prescription Drugs Without a Prescription
Possession of prescription drugs without a prescription and/or obtaining them by fraud crimes are rapidly becoming some of the most frequently charged felonies and misdemeanors in Okaloosa County.
- Reasonable Suspicion to Stop a Vehicle
The terms “probable cause” and “reasonable suspicion” are sometimes used interchangeably. However, these are two different standards, with reasonable suspicion being the less exacting standard. Reasonable suspicion is all that is required for a law enforcement officer to conduct an investigatory traffic stop.
- Seeking Youthful Offender Status in Alabama
The criminal justice system can be harsh, but some states allow juveniles to face relaxed penalties. In Alabama, a person younger than 21 years old facing criminal charges can seek a youthful offender status. This could mean fewer penalties and the possibility of having a clean criminal record.
- Alcohol and Mind Wandering
Alcohol has been shown to be one of the leading causes of fatal car accidents; around 58% of drivers involved in fatal crashes were found to be driving under the influence of alcohol in a research review article. An article written by Michael Sayette and colleagues in Psychological Science, suggests a factor contributing to the commonality of DUI arrests: mind wandering.
- How to Seal a Juvenile Record
Because courts and legislators recognize that minors sometimes lack judgment skills and may have indiscretions in their youth, juveniles are sometimes permitted to seal criminal juvenile records. By sealing or expunging their records, juveniles may be able to get a fresh start when they become adults.