Colorado Springs Independent (CO) Web Search Wednesday, November 7, 2012

Size: px
Start display at page:

Download "Colorado Springs Independent (CO) Web Search Wednesday, November 7, 2012"

Transcription

1 Blood and circus Why many DUI lawyers don't trust the state's drug lab by Chet Hardin Each year, there are between 25,000 and 30,000 arrests for driving under the influence in this state, according to the Colorado Bureau of Investigation. The vast majority of these cases never make it to trial. Instead, the defendant takes whatever deal the prosecutor offers. The reason, of course, is that their drunkenness has already been quantified. In Colorado, the lowest blood-alcohol content that is prosecutable for adults is.05 driving while ability impaired, or DWAI. A.08 is a DUI, which carries with it a penalty of nine months' suspended license. A.17 could mean the installation of a breathalyzer on your ignition for two years. A.2 is a mandatory jail sentence. By a matter of.001, blood tests determine degrees of guilt, or innocence. Produced by a governmental toxicology lab, they're usually the key piece of evidence in a DUI case, and hold immense credibility for prosecutors, judges and juries and, thus, the people charged. "They might as well come from the mountain," says Oklahoma-based attorney Josh Lee, a nationally recognized expert on forensic science. "Because if a lab person said it, it must be gospel." But very little, Lee says, should be taken for granted in forensic science. In 2009, the National Academy of Sciences called for serious reform to the field, stating that "Forensic science facilities exhibit wide variability in capacity, oversight, staffing, certification, and accreditation across federal and state jurisdictions. Too often they have inadequate educational programs, and they typically lack mandatory and enforceable standards, founded on rigorous research and testing, certification requirements, and accreditation programs." Since the issuance of that report, legislation has been proposed at the federal level to implement and standardize scientific best practices. It's gone nowhere. Meanwhile, the list of city or county labs that have experienced problems has only grown. As Matt Clarke wrote in "Crime Labs in Crisis," published in Oct by Prison Legal News magazine, metropolitan areas that have seen scandals yield "full or partial closures, reorganizations, investigations or firings" include Baltimore, Chicago and Detroit. Also on the list is Colorado Springs, since El Paso County's Metro Crime Lab's blood alcohol testing section was shut down after 200 tests used in drunk driving cases were discovered to be flawed in Since the Metro lab stopped analyzing blood alcohol, local samples have been tested by the Colorado Department of Public Health and Environment toxicology lab in Denver. Of course, state labs don't always fare much better than city labs. Right now, a scandal in Massachusetts is threatening to undo thousands of already-decided cases. And Clarke's 2010 report names about a dozen embattled state-level operations. Colorado's lab joined those distressing ranks earlier this year. One of its technicians had performed multiple faulty tests, and his results were not immediately caught by the procedural safeguards. A flurry of media detailed the supposed failures of that lone technician, who was quickly fired. NMSU News Clips (1 of 6) University Communications

2 But defense attorneys who specialize in DUI cases will argue that the lab's springtime scandal was just the beginning. Add in its arguably lax standards, failure to obtain national accreditation, reliance on a controversial leader, and insistence on secrecy, and that little blood-alcohol number deciding your legal fate looks far from unimpeachable. 20 questions On April 19 of this year, the supervisor of the state laboratory, Cynthia Burbach, swore in an affidavit that her department was in the process of retesting roughly 1,700 samples handled by technician Mitchell Fox-Rivera. In March, Burbach found that a discrepancy called into question one of the blood tests run by Fox-Rivera. According to the district attorney involved in the case, the state said the blood sample came in at.181; but when an independent lab ran its own test, it came in at.246. Five days later, Fox-Rivera, a recent college grad with less than six months on the job, was canned. In her affidavit, Burbach stated the bad results were due to Fox-Rivera's inability to "properly operate a standard piece of equipment," and his failure to follow the lab's standard operating procedure for gas chromatography testing (see "The vapor trail," below). She stated that additional procedures had since been instituted to prevent such mistakes in the future. The "one bad apple" argument should sound familiar in Colorado Springs: As the Indy reported in May 2010, the internal investigation that led the Metro Crime Lab to surrender its own certification "found 167 flawed tests in 2009 and 39 more in 2007, all of them tied to a single chemist who no longer works there." But during the state scandal, defense attorneys were troubled by more than Fox-Rivera's problems. In her April 19 affidavit, Burbach swore that re-tests of Fox-Rivera's blood samples yielded none with a lower blood-alcohol content than first (and wrongly) reported. She'd repeat the claim in another sworn affidavit the following day. However, Burbach actually had signed off on at least two blood-alcohol results that did come in lower than Fox- Rivera's initial findings. In one, the inaccurate.146 was revised to the lower.134. In May, the Denver Post reported that Burbach had signed off on an even earlier re-test that revised a defendant's blood alcohol content from.218, which carries a mandatory jail sentence, to.199, which does not. Given that, Burbach's sworn statement would seem indefensible. But CDPHE told the Post that since these results fall within 10 percent of one another, they are effectively the same. In an to the Post, Mark Salley, CDPHE's communications director, wrote: "The standard operating procedure for the state lab allows for a 10 percent variation between results when the same sample is run multiple times... Significant variation, in this case is any variation outside of 20 percent." The idea that the state lab could accept a difference of up to a 20 percent variance in blood-alcohol test results was news to a lot of defense attorneys. Nowhere on the litigation packet they receive in a case, they claim, does it state that their client's alleged BAC comes via testing that allows for wiggle room of up to 20 percent. Further, they ask, where does CDPHE get this number? NMSU News Clips (2 of 6) University Communications

3 Vince Todd, a former attorney who now works as a legal consultant out of his Lakewood office, submitted a Colorado Open Records Act request seeking "Any professional standards that justify stating, without qualification, that an 'actual' test value was not lower that [sic] a comparative value if the result were within 20%." The state responded by pointing to a guideline from the Society of Forensic Toxicologists that states that "A maximum deviation of ±20% of the mean is recommended." But that guideline is for all kinds of toxicology tests, from testing for the tranquilizer clonazepam to LSD. As explained by Dr. Robert Lantz, with Fort Collins' Rocky Mountain Instrumental Laboratories, testing for LSD occurs at levels of a trillionth of a gram. "So we are talking about extremely low levels," Lantz says. "Twenty percent is reasonable if you are looking at a drug level down at the low-end of what you can detect. But it's not reasonable for alcohol, because the alcohol levels are huge. And it is an easy assay. So it's really not reasonable to shoot for 20 percent." If his laboratory comes back with a test with a more than 2 percent variance, Lantz says, they reject it. Fox-Rivera, who couldn't be contacted for this article, challenged his termination. In his claim before the State Personnel Board, he stated that as his supervisor, Burbach was responsible for examining his work. The Board eventually ruled that Fox-Rivera was terminated rightfully, as he was a probationary employee. (According to his attorney, Andrew Brake, Fox-Rivera will be filing a civil suit.) Burden of proof Burbach, who has worked for CDPHE since 1984, has been the state's witness in hundreds of DUI cases. She's called to explain in detail the results that her lab provides, what those results mean, and how they were obtained. So she's left a significant trail of testimony. As we detailed in an Aug. 29 article ("Questioning the witness," News), Gary Pirosko, a Denver-based DUI attorney, employed an intern to wade through these court transcripts, looking for inconsistencies and damaging statements. He has included their findings in a motion that he claims to have filed 40 to 50 times in the past couple years. Among those findings: Burbach has claimed to have taught at the University of Colorado at Colorado Springs, even though the university has no record of having paid her (which the Indy verified with the school's public information office). Burbach appears to have lifted wholesale, and without attribution, language from a scientific journal, then presented it as her own in a sworn affidavit. Also, Pirosko explains in his motion, Burbach's estimates of how many urine-sample tests she has personally conducted have increased dramatically from one telling to another. One month, she testified 150,000; later that month, it was 300,000; a year later, it was more than a million. (Pirosko figures that to process a million samples, she'd have had to worked for 3,000 years.) But most concerning for Pirosko, and the number of attorneys who are familiar with his research, was her claim that she had dual bachelor's degrees in biology and chemistry even though she has in other testimony admitted that she only has a biology degree. To date, Burbach and CDPHE have refused to release her school records, and her alma mater, New Mexico State University, has declined to provide that information to the Indy. According to the department, Burbach is unavailable for interviews. NMSU News Clips (3 of 6) University Communications

4 "The problem is openness," says Lee, the national expert. "That's a huge problem with Cynthia Burbach. How can you be a scientist without everything being open? There's no 'trust me' in science. All science is open except forensic science." This lack of transparency, say defense attorneys, is endemic with the lab, and often allowed by the courts. Take, for example, the motion to compel discovery a litigation tactic to acquire information from your opponent that Denver-based attorney Rhidian Orr filed in a Jefferson County case this past September. The motion requested 51 items from the lab, such as "a drawn to scale floor plan of the entire laboratory facility," "a description of the laboratory's HVAC (heating/ventilation/air conditioning)," "a copy of the laboratory's procurement and receipt records for gloves used by analysts," "a copy of the laboratory's contamination control policies and procedures," and so on. Orr argues this information is critical to mount a defense against the lab's results. All but four items he requested were denied by the judge in that trial. However, as of this writing, nationally known Certified Quality Auditor Janine Arvizu was preparing to testify in another case of Orr's in Arapahoe County that each of his requested materials is necessary to evaluate the working environment and quality controls of the lab; the training of the staff; and the procedures and protocols followed by the technicians. Another transparency issue they cite has to do with the information generated by the lab's gas-chromatography test. Called a gas chromatogram, it looks something like an EKG reading, a graph with peaks that rise off a baseline. Orr provided the Indy with a number of chromatograms he finds disturbing. One is from the run of a "negative" sample, used to gauge the machinery's accuracy. For this sample, the lab is only testing the presence of the internal standard, n-propanol. However, in this readout there are six foreign peaks, including one at.001 for ethanol, the pure alcohol that shows up in an intoxicated person's blood. According to CDPHE, ethanol in "this particular sample presents no problem and would be considered negative or non-detected. Any blood alcohol result less than is reported as negative or non-detected." Lantz says.001 is below his lab's cut-off as well. But viewing a copy of the test, Lee calls it worrisome. "That is absolute proof of contamination," he says. "How did you get ethanol in a standard that has no ethanol in it? "Think about it this way," he continues. "I'm testing 100 samples, and I'm going to put your sample in there. And the guy before you is drunker than Cooter Brown. And they used the same needle, the same line, the same column that tests his [to test] yours. How do you know that you are not being affected by his? Easiest way to figure it out is to put a blank between them. It will have nothing in it. When they run it, it should have no ethanol in it." But lawyers like Orr aren't empowered to determine why these extra peaks show up. The lab does not release the raw data produced by the testing; the chromatograms that lawyers receive are simply cumulative snapshots of the test results, with no further explanations given. "I can take a sample that we have pulled out of our lab a year ago, and interpret it one way in the software, and get a.077, which is below the legal limit for the DUI," says Lee. "I can test it another way, and get it above a.08. I can NMSU News Clips (4 of 6) University Communications

5 get it as high as a.15 or.16. And if I gave you just the chromatograms, you would never be able to tell the difference." Local defense attorney Timothy Bussey notes that DUI evidence is allowed in more easily than evidence in other criminal cases. And to understand its value, you must see it from two perspectives. "One," he says, "you need to look at it from the perspective of the juror, who knows nothing about the system, but who has always been told that a person above.08 is guilty. And then you take a look at it from the perspective of a judge." State law directs judges to allow test results generated by the toxicology lab, even though these tests might not even meet the minimum quality standards set by CDPHE itself. "Judges have been told by the Legislature that they don't have to have complete compliance," Bussey says, "only substantial compliance." Indeed, the DUI statute states that strict compliance to the rules "shall not be a prerequisite to the admissibility of the test results." "It's the government's burden to get this right," Bussey argues. "It's not my client's burden to prove that it's wrong." Certifiably uncertifiable In March of this year, Burbach testified in court that one of her responsibilities as the lab director was to "work on our national accreditation." In 2010, the state lab, which also oversees urine and pill testing, had failed in its application for certification from the American Board of Forensic Toxicology, one of a few national accreditation programs available for toxicology laboratories. The lab was then, and is still, certified solely by CDPHE's own Laboratory Certification Program. Todd filed a CORA request in June of this year seeking "any and all correspondence with any professional forensic association relating to any request for any accreditation or certification of the Toxicology Laboratory..." The response came back: "The department has no responsive documents." Todd, incredulous, threatened to sue. The state responded that it had, in fact, once possessed documents relating to certification, but that a computer virus had wiped them out. Todd continued to push, and the state soon provided the application Burbach had filed with ABFT in But Todd wanted a copy of the denial, which would lay out the lab's problems. He finally received it, after more backand-forth. In a detailed inspection summary dated Oct. 1, 2010, the inspectors reported, among other complaints, that the lab was critically under-funded; that key personnel were stretched too thin in their duties; and that procedures and protocols weren't fully developed. They also said those procedures and protocols were not "deemed to be fully acceptable for forensic analytical toxicology" and that technicians were not adhering to procedures in the Standard Operating Procedure. ABFT recommended that corrective actions be taken, stating that "because of the extent and nature of corrective action required, and the fact that many deficiencies documented were due to non-compliance with the laboratory's existing SOP, that a second on-site compliance inspection will be required before accreditation of the laboratory NMSU News Clips (5 of 6) University Communications

6 can be considered. This inspection would likely involve two inspectors for two days and would be conducted at the expense of the laboratory." Todd followed up on this revelation to find out whether, in the years following, the lab had instituted any written corrective actions. He also asked for any indication that Burbach had sent notification up the chain of command, including to the state's lab certification program, about the application and rejection. He sought documentation that would indicate whether the lab had requested the funds for a re-inspection. The answer came back: "no responsive documents." Which leads us back to Fox-Rivera. Bussey filed a CORA in April of this year seeking any documents relating to the state's investigation into any inaccurate blood results since His request was denied, as the documents he sought contained "deliberative process privileged information." He also specifically requested documentation regarding the training protocols for any blood-analysis technicians who had handled inaccurate blood tests, only to be denied due to employeremployee protections. When the investigation of Fox-Rivera's work was finally completed at the end of September, the attorneys received a copy. In it, Burbach, who oversaw the investigation, stated that 1,397 samples had been retested, and only five were found "were significantly outside the scientific range" of 20 percent. (That number has since been revised to four.) The investigation laid the ultimate blame again on Fox-Rivera, stating that he had failed to properly use a pipette to dispense the blood into test vials, and failed to properly document results that had exceeded the scientific range. Burbach wrapped up the investigation by stating that the Toxicology Unit would be instituting changes to protocol to ensure that such mistakes would not occur in the future. Following up, Todd submitted a CORA for any documentation that related to any official policy changes that were enacted in response to this investigation. The response: "no responsive documents." "When you have a lab that has made mistakes," says Bussey, "you need to understand what caused those mistakes, determine if it's a systemic problem, a problem with their procedures, a problem with their oversight, a technical problem, and make it available to all of those involved in the system. When you don't make it a transparent process, you are precluding a person who has been charged with a DUI from having all of the relevant and necessary information to determine if their blood alcohol testing was done correctly. "The lab should be an open book. It shouldn't be a Wizard of Oz scenario where we're told to trust the man behind the curtain. The science should stand on its own." NMSU News Clips (6 of 6) University Communications

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-19 HOUSE BILL 27

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-19 HOUSE BILL 27 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-19 HOUSE BILL 27 AN ACT TO (1) CREATE THE NORTH CAROLINA FORENSIC SCIENCE ADVISORY BOARD, (2) ENCOURAGE EFFORTS TO ELIMINATE SOURCES OF

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

VIRGINIA DUI FACTSHEET

VIRGINIA DUI FACTSHEET VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038

More information

COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By

COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A White Paper Presented By COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A Guide To Understanding The Penalties And Legal Processes

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES Table of Contents Part 1. GENERAL PRINCIPLES... Section 31. VOLUNTARY CONDUCT (REPEALED)... 3 Section 32. ELEMENTS OF CRIMES

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 STATE OF TENNESSEE v. DERRICK S. CHANEY Direct Appeal from the Circuit Court for Williamson County No. II-22-201

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About DWI & DUI Charges HOW TO USE THIS GUIDE If you read this guide, you will discover

More information

Vermont Legislative Council

Vermont Legislative Council Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:

More information

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151.

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151. What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.

More information

Officer's alleged lies may jeopardize DWI cases

Officer's alleged lies may jeopardize DWI cases Officer's alleged lies may jeopardize DWI cases Tanya Eiserer, WFAA DALLAS A Dallas police sergeant with a checkered disciplinary past is now facing serious allegations that he lied in a drunken driving

More information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

JUDGMENT AFFIRMED. Division IV Opinion by JUDGE CONNELLY Webb and Terry, JJ., concur. NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Announced April 22, 2010

JUDGMENT AFFIRMED. Division IV Opinion by JUDGE CONNELLY Webb and Terry, JJ., concur. NOT PUBLISHED PURSUANT TO C.A.R. 35(f) Announced April 22, 2010 09CA0678 Peo v. Vallejos 04-22-2010 COLORADO COURT OF APPEALS Court of Appeals No. 09CA0678 Adams County District Court No. 08CR838 Honorable Thomas R. Ensor, Judge Honorable C. Vincent Phelps, Judge The

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

**************************************** I. FACTUAL BACKGROUND.

**************************************** I. FACTUAL BACKGROUND. STATE OF IDAHO County of KOOTENAI ss FILED AT O clock M CLERK, DISTRICT COURT Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, vs. STATE OF IDAHO IN AND FOR THE COUNTY

More information

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 11801 Pierce Street, 2 nd Fl, Riverside, CA 92505 Phone: (951) 530-1586 Fax: (951) 579-4738 3281 East Guasti

More information

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through

More information

Pennsylvania DUI Handbook

Pennsylvania DUI Handbook Pennsylvania DUI Handbook Published by: The Martin Law Firm, P.C. The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Although DUI drunk driving

More information

Chapter 1: What is a DUI roadblock in Massachusetts? A drunk driving roadblock in Massachusetts is when the police

Chapter 1: What is a DUI roadblock in Massachusetts? A drunk driving roadblock in Massachusetts is when the police Chapter 1: What is a DUI roadblock in Massachusetts? A drunk driving roadblock in Massachusetts is when the police block off an area of the road to check every car coming by the roadblock to ensure that

More information

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND Michael K. Jeanes, Clerk of Court *** Filed *** 01/26/2015 8:00 AM THE HON. CRANE MCCLENNEN STATE OF ARIZONA CLERK OF THE COURT J. Eaton Deputy GARY L SHUPE v. MONICA RENEE JONES (001) JEAN JACQUES CABOU

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

I just got arrested for a State of South Carolina DUI charge. What happens now?

I just got arrested for a State of South Carolina DUI charge. What happens now? I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives

More information

Criminal Law Fact Sheet

Criminal Law Fact Sheet Criminal Law Fact Sheet FELONIES & MISDEMEANORS Classification of criminal offenses In Colorado, criminal offenses are divided into felonies, misdemeanors, and petty offenses. The classification depends

More information

Strengthening Forensic Science in the United States: A Path Forward

Strengthening Forensic Science in the United States: A Path Forward This PDF is available from The National Academies Press at Strengthening Forensic Science in the United States: A Path Forward ISBN 978-0-309-13135-3 Committee on Identifying the Needs of the Forensic

More information

Due Diligence. Why care about due diligence? Consider the following situation:

Due Diligence. Why care about due diligence? Consider the following situation: Due Diligence Consider the following situation: You are awakened at 4 a.m. by a call from the Operations Manager at your workplace. A piece of machinery has collapsed, killing a worker. As Maintenance

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned By A Hot Check

BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned By A Hot Check Eddie Arredondo Hot Check Division Burnet County Attorney 220 South Pierce Phone: (512) 756-5413 or (512) 715-5208 Burnet, Texas 78611 Fax: (512)756-9290 BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:

More information

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following Page 1 Massachusetts General Laws Annotated Currentness Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Title II. Proceedings in Criminal Cases (Ch. 275-280) Chapter 278A.

More information

FOR IMMEDIATE RELEASE ON BEHALF OF CYNTHIA BURBACH June 10, 2013

FOR IMMEDIATE RELEASE ON BEHALF OF CYNTHIA BURBACH June 10, 2013 FOR IMMEDIATE RELEASE ON BEHALF OF CYNTHIA BURBACH June 10, 2013 On June 7, 2013, Colorado Attorney General John Struthers issued a press release. The Attorney General s press release included a redacted

More information

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants Marcel Krzystek, Esq. 5353 W. Dartmouth Avenue, Suite 510 Denver, Colorado 80228 Telephone: (303) 988-1561 Email: m_krzystek@yahoo.com As a criminal

More information

What should I do if the police ask me to take Field Sobriety Tests?

What should I do if the police ask me to take Field Sobriety Tests? DWI A DWI is not like a traffic ticket. It is a much more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their

More information

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION CHAPTER 0800-2-15 UNINSURED EMPLOYERS FUND TABLE OF CONTENTS 0800-2-15-.01 Definitions 0800-2-15-.10 Representation

More information

WHAT HAPPENS AFTER YOUR DUI ARREST?

WHAT HAPPENS AFTER YOUR DUI ARREST? WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

MAYWOOD, IL JANUARY 30, 2007

MAYWOOD, IL JANUARY 30, 2007 TESTIMONY OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS BEFORE THE COOK COUNTY BOARD OF COMMISSIONERS AGAINST BUDGET CUTS FOR THE OFFICE OF PUBLIC DEFENDER MAYWOOD, IL JANUARY 30, 2007 Martin

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 2006 AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM OUTCOMES As a result of this lesson, students will be able to: Summarize juvenile court process and procedures Define legal terms used in the juvenile justice

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi FACT SCENARIOS AND QUESTIONS

ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi FACT SCENARIOS AND QUESTIONS ISBA CLE PRESENTATION ON DUI POINTS OF INTEREST March 8, 2013 Judge Chet Vahle, Betsy Bier & Jennifer Cifaldi I. DUI Cannabis or Drugs FACT SCENARIOS AND QUESTIONS A. Causal connection when unlawful substances

More information

IN THE SUPREME COURT OF FLORIDA. : Case No. DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA FOURTH DISTRICT

IN THE SUPREME COURT OF FLORIDA. : Case No. DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA FOURTH DISTRICT IN THE SUPREME COURT OF FLORIDA JAMES C. BABER, Petitioner, vs. STATE OF FLORIDA, Respondent. : : : Case No. : : : 96,010 DISCRETIONARY REVIEW OF DECISION OF THE DISTRICT COURT OF APPEAL OF FLORIDA FOURTH

More information

District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202

District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202 District Court, City and County of Denver, Colorado Court Address: 1437 Bannock Street, Denver, CO 80202 THE PEOPLE OF THE ST ATE OF COLORADO Plaintiff v. 0 COURT USE ONLY D DANIEL Accused Douglas K. Wilson,

More information

DUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com

DUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com DUI HANDBOOK Driving Under the Influence in Pennsylvania Find us on Facebook Follow us on Twitter Connect with us on LinkedIn THE MARTIN LAW FIRM, P.C. Pennsylvania DUI Handbook Introduction Drunk driving,

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM

More information

*Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done!

*Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done! From: "We The People for Independent Texas" Subject: No contract - No case. *Reference Material For information only* The following was put together by one of our classmates! Good job! Well Done! Courts

More information

VOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER

VOIR DIRE 2/11/2015 STATE OF TEXAS VS JANE DOE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER STATE OF TEXAS VS JANE DOE VOIR DIRE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER 3. DESELECTION (TO MAKE THE JURY = SIT THERE & BE QUIET) 4. SOME QUESTIONS

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

514.1 PURPOSE AND SCOPE

514.1 PURPOSE AND SCOPE Policy 514 Peoria Police Department 514.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI).

More information

STANDING DISCOVERY ORDER ON COPYING AND PRODUCTION OF BLOOD TESTING RECORDS

STANDING DISCOVERY ORDER ON COPYING AND PRODUCTION OF BLOOD TESTING RECORDS CAUSE NO. THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NO. HARRIS COUNTY, TEXAS STANDING DISCOVERY ORDER ON COPYING AND PRODUCTION OF BLOOD TESTING RECORDS THE COURT ORDERS the District Attorney

More information

NC SBI QUALITY ASSURANCE PROGRAM

NC SBI QUALITY ASSURANCE PROGRAM NC SBI QUALITY ASSURANCE PROGRAM for the SBI Reviewed by: Deputy Assistant Director Bill Weis Date: Approved by: Assistant Director Jerry Richardson Date: Originating Unit: SBI Effective Date: July 25,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case No. 09-00296-03-CR-W-FJG ) ROBERT E. STEWART, ) ) Defendant.

More information

No. 102,751 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, KRISTINA I. BISHOP, Appellant. SYLLABUS BY THE COURT

No. 102,751 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, KRISTINA I. BISHOP, Appellant. SYLLABUS BY THE COURT No. 102,751 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. KRISTINA I. BISHOP, Appellant. SYLLABUS BY THE COURT 1. the State. A criminal diversion agreement is essentially

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Review of the Office of Justice Programs Forensic Science Improvement Grant Program. December 2005

Review of the Office of Justice Programs Forensic Science Improvement Grant Program. December 2005 U.S. Department of Justice Review of the Office of Justice Programs Forensic Science Improvement Grant Program December 2005 I-2006-002 EXECUTIVE SUMMARY The Department of Justice Paul Coverdell Forensic

More information

Civil Or Criminal Securities Fraud A Blurry Line

Civil Or Criminal Securities Fraud A Blurry Line Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Civil Or Criminal Securities Fraud A Blurry

More information

STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee,

STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee, IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA ex rel. WILLIAM G. MONTGOMERY, Maricopa County Attorney, Petitioner/Appellee, v. THE HONORABLE RONALD KARP, Justice of the Peace Pro Tempore,

More information

Ohio Drunk Driving Defense Guide

Ohio Drunk Driving Defense Guide Ohio Drunk Driving Defense Guide If you have been charged with drunk driving in the state of Ohio this indispensable guide will help you to understand the criminal justice process you face. Provided by

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

Facts for. Federal Criminal Defendants

Facts for. Federal Criminal Defendants Facts for Federal Criminal Defendants FACTS FOR FEDERAL CRIMINAL DEFENDANTS I. INTRODUCTION The following is a short summary of what will happen to you if you are charged in a federal criminal case. This

More information

A History of Alabama s Driving Under the Influence Statutes: Over 90 Years of Evolution

A History of Alabama s Driving Under the Influence Statutes: Over 90 Years of Evolution A History of Alabama s Driving Under the Influence Statutes: Over 90 Years of Evolution By Patrick Mahaney Alabama s DWI laws, 1911-1980: Alabama s first traffic laws originated in 1911, shortly after

More information

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C.

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense

More information

1 VERGERONT, J. 1 Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense, contrary to WIS. STAT.

1 VERGERONT, J. 1 Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense, contrary to WIS. STAT. COURT OF APPEALS DECISION DATED AND FILED May 31, 2001 Cornelia G. Clark Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version will

More information

ROLES TO ASSIGN. 1. Judge. 2. Courtroom Deputy. 3. Prosecutor 1 opening statement. 4. Prosecutor 2 direct of Dana Capro

ROLES TO ASSIGN. 1. Judge. 2. Courtroom Deputy. 3. Prosecutor 1 opening statement. 4. Prosecutor 2 direct of Dana Capro ROLES TO ASSIGN 1. Judge 2. Courtroom Deputy 3. Prosecutor 1 opening statement 4. Prosecutor 2 direct of Dana Capro 5. Prosecutor 3 direct of Jamie Medina 6. Prosecutor 4 cross of Pat Morton 7. Prosecutor

More information

THE COURT: You have been selected and sworn to determine the facts and

THE COURT: You have been selected and sworn to determine the facts and 1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,

More information

MICHIGAN S NEW DRUNK DRIVING LAWS EFFECTIVE SEPTEMBER 30, 2004

MICHIGAN S NEW DRUNK DRIVING LAWS EFFECTIVE SEPTEMBER 30, 2004 MICHIGAN S NEW DRUNK DRIVING LAWS EFFECTIVE SEPTEMBER 30, 2004 On October 23, 2000, President Clinton signed legislation that would financially penalize states that failed to enact.08 per se drunk driving

More information

What To Expect From a DUI Arrest

What To Expect From a DUI Arrest What To Expect From a DUI Arrest By Marcus Landsberg, IV of the A first-time DUI arrest is scary for those involved. You see the blue lights in the rear view and your heart sinks. This pamphlet is the

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

GUIDE TO WHAT TO EXPECT

GUIDE TO WHAT TO EXPECT D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie

More information

THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS

THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS THE OGATA MEDICAL MARIJUANA USER S GUIDE FOR DRIVERS IF YOU DRIVE AND HAVE A MEDICAL MARIJUANA CARD, YOU MAY BE AT RISK. KNOW YOUR RIGHTS AND HOW NEVADA S DUI LAW TARGETS MARIJUANA. FIRST EDITION - 2013

More information

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S) SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle

More information

SUPREME COURT OF THE STATE OF ARIZONA

SUPREME COURT OF THE STATE OF ARIZONA IN THE SUPREME COURT OF THE STATE OF ARIZONA KRISTINA R. DOBSON, Petitioner, v. THE HONORABLE CRANE MCCLENNEN, JUDGE OF THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, Respondent

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Pennsylvania's new DUI law, the bulk of which went into effect February 1, "goes too far" according to local defense attorneys.

Pennsylvania's new DUI law, the bulk of which went into effect February 1, goes too far according to local defense attorneys. Search Archives Search Wednesday, March 10, 2004 Local Sections Front Page News Reporter-Argus Sports Obituaries Features Outdoors Opinion Community Calendar Links Classifieds Online Sections National

More information

Networked Knowledge Media Report Networked Knowledge Prosecution Reports

Networked Knowledge Media Report Networked Knowledge Prosecution Reports Networked Knowledge Media Report Networked Knowledge Prosecution Reports This page set up by Dr Robert N Moles [Underlining where it occurs is for editorial emphasis] Anthony Graves is appointed to the

More information

For DUI Can Be What Gets You Off.

For DUI Can Be What Gets You Off. - Cutting Edge DUI Defense At A Price You Can Afford - Not Guilty Dismissed Reduced The Exact Same Science That Got You Arrested For DUI Can Be What Gets You Off. The Decision You Make Right Now Will Affect

More information

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 WILLIAM NEWSON v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C13358 Roy B. Morgan,

More information

Texas City Attorneys Association Riley Fletcher Basic Municipal Law Seminar (February 21-22, 2013)

Texas City Attorneys Association Riley Fletcher Basic Municipal Law Seminar (February 21-22, 2013) Texas City Attorneys Association Riley Fletcher Basic Municipal Law Seminar (February 21-22, 2013) DRAFTING ENFORCEABLE ORDINANCES City attorneys serve their clients well by considering how enforcement

More information

NC General Statutes - Chapter 15A Article 48 1

NC General Statutes - Chapter 15A Article 48 1 SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,

More information

THURGOOD MARSHALL ACADEMY April 2014 LAW DAY Civil Mock Trial Lesson Make-Up Assignment

THURGOOD MARSHALL ACADEMY April 2014 LAW DAY Civil Mock Trial Lesson Make-Up Assignment THURGOOD MARSHALL ACADEMY April 2014 LAW DAY Civil Mock Trial Lesson Make-Up Assignment Dear Student, This is your make-up assignment for missing law day on Friday, May 2, 2014. Please read and complete

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN D. TALLEY, Defendant-Below No. 172, 2003 Appellant, v. Cr. ID No. 0108005719 STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware,

More information

Understanding quantitative blood alcohol testing in drunk driving cases.

Understanding quantitative blood alcohol testing in drunk driving cases. Understanding quantitative blood alcohol testing in drunk driving cases. 16 By Patrick T. Barone and Jeffery S. Crampton Drunk driving cases involving blood draws are considerably more complicated to litigate

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information