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July 7, 2008

PHILADELPHIA JUDGE RULES DEFENDANT NOT IN VIOLATION OF IMPLIED CONSENT, OVERTURNS LICENSE SUSPENSION

All licensed drivers in Pennsylvania are subject to the state’s Implied Consent law, which states: “Any person who drives, operates, or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood, or urine for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating, or in actual physical control of the movement of a motor...

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Posted in: Misdemeanor / Felony Crimes

July 3, 2008

U.S. SUPREME COURT RULES ABSENT WITNESSES CANNOT HAVE TESTIMONY ADMITTED

Last week, the United States Supreme Court ruled that an absent witness’ testimony cannot be admitted to prove a defendant’s guilt, unless the defendant engaged in acts of misconduct specifically intended to procure the absence of the witness. The criminal justice system has never imposed a duty on a defendant to help the prosecution in proving his or her guilt; however, a defendant has an affirmative duty to refrain from actions that destroy the integrity of the criminal-trial system. The commonly known “Rule of Forfeiture by Wrongdoing” provides that a defendant forfeits his or...

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Posted in: Uncategorized

July 2, 2008

ATTORNEY-CLIENT PRIVILEGE BILL EXPECTED TO PASS U.S. SENATE VOTE WITH EASE

Recently, a piece of legislation which would make it illegal for federal prosecutors to order companies to turn-over privileged documents as part of a cooperation agreement, passed a U.S. House of Representatives vote; and now is backed by a dozen U.S. senators, 32 former federal prosecutors, and coalitions such as the ACLU. The practice of federal prosecutors obtaining privileged information through cooperation agreements has led to the obtaining of information which would otherwise have never been uncovered and in-turn, larger investigations and convictions. The Bill, which would make...

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Posted in: Federal White Collar Crime

June 30, 2008

UNITED STATES SUPREME COURT MAKES FIRST EVER RULING REGARDING SECOND AMENDMENT RIGHTS

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”. This, the wording of the Second Amendment to the United States Constitution, has caused great debate throughout our country’s history. In efforts to reduce high rates or crime and to promote safety, many laws have been passed in an attempt to regulate ownership and use of firearms. Until now, courts have been hesitant to examine the issue as to whether regulations violate a person’s constitutionally protected right to bear...

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Posted in: Uncategorized

June 25, 2008

FORMER PHILADELPHIA EAGLE JEVON KEARSE VIOLATES IMPLIED CONSENT LAW

Jevon Kearse, formerly of the Philadelphia Eagles and now a member of the Tennessee Titans, was arrested over the weekend on the campus of Vanderbilt University, charged with Driving Under the Influence and Violating Tennessee’s Implied Consent Law. Kearse was stopped by campus police when an officer observed his vehicle swerving and traveling in excess of the 30 mile per hour speed limit on campus. According to the police report, the officer detected that Kearse had red, watery eyes, was slurring his speech, and that his breath smelled of alcohol. The NFL star submitted to a field...

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Posted in: Misdemeanor / Felony Crimes