Though not present in every jurisdiction, drug courts are an effective alternative to the typical criminal courts when it comes to drug offenses. These courts began in Florida in 1989 and are now present in every state, to one extent or another. United States Attorney General Eric Holder announced this week that drug courts are a “top priority” to the Justice Department. [Read more…]
Is Obama Administration Ending the “War” on Drugs?
In several key announcements and policy shifts, it appears as if the Obama Administration is supporting an approach to drug laws that marks a contrast from past administrations. While the “War on Drugs” started with Richard Nixon ages ago, it has taken years for the government to recognize its shortfalls and move towards correcting the problems where they begin. [Read more…]
DWI Upheld in Case of Car that Wouldn’t Start
The Minnesota Supreme Court recently upheld a DWI conviction where the car wouldn’t start, and there was no evidence that the person had driven the car at all.
The defendant in this case was parked legally at his apartment complex, the keys were on the console, not in the ignition, and the car was cold, with no evidence that it had been recently driven. [Read more…]
Mass State Senator Drunk Driving Case Leaves Unanswered Questions
The case of Massachusetts State Senator Anthony Galluccio, sentenced to 1 year in jail for violating probation, leaves a number of questions unanswered. The Senator violated the terms of his probation by failing an in-home breath test alcohol monitoring system. But the circumstances are unusual, and questions about the device that sunk him, remain. [Read more…]
The Washington Times Takes a Dim View of Constitutional Protections
In a recent editorial, The Washington Times tried to make the case that the recent US Supreme Court decision in Melendez-Diaz v. Massachusetts is n impediment to crime fighting. And if they prioritize orderly, assembly-line convictions over fairness, justice, and the 6th Amendment to the US Constitution, then they may be correct on that point.
More on Melendez-Diaz in Virginia and Criminal Prosecution Procedures
Here is a good, detailed article on the implications of the Melendez-Diaz decision on prosecutors in Virginia. Virginia DAs (Commonwealth’s Attorneys) appear to be trying to aggressively tackle these issues proactively. [Read more…]
Melendez-Diaz Ruling Tangles US Drug and DUI Prosecutions Nationwide
The US Supreme Court case of “Melendez-Diaz v. Massachusetts” is seen as a huge victory for criminal defense lawyers, and one that could cause headaches for state prosecutors across the country. [Read more…]
