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Nurse Arrested for Not Drawing Coma Patient’s Blood for Police

National news outlets have been reporting the sensational story of a Salt Lake City, Utah nurse who was arrested after refusing the command of a police officer to draw the blood of a comatose patient for an investigation. Fortunately for Alex Wubbels, the nurse involved in the incident, police body cameras recorded the entire event. The nurse cited the hospital policy of requiring a patient's consent, a warrant, or an intent to arrest, before drawing blood for police. When the officer insisted on getting the blood draw done despite not satisfying any of these conditions, Wubbels refused and was then arrested on the spot. What Happened Here? Surprisingly, the coma patient, a truck driver, whom the police were seeking a blood draw from is an innocent victim. Police were chasing a fleeing suspect, when that suspecting crashed head on into the truck driver's big rig, resulting in a fiery crash. The suspect died at the scene, while the truck driver survived, but fell into a coma. The police, in conducting a thorough investigation, were seeking a blood sample from the truck driver to rule out any liability on his end (note: police may not have a legal right to this sample thanks to the Fourth Amendment's protections). The body camera footage clearly shows nurse Wubbels explaining the policy to the officer in charge, and then the officer losing his cool, grabbing her, cuffing her, and forcefully pulling her out of the hospital. During the ordeal, Wubbels can be heard yelling that she did nothing wrong, and that the officer is hurting her. Fortunately, when the superior officer arrived at the scene, she was released. It was explained to the officer that the hospital already took a blood draw, but that they would not release it without proper legal authorization. The city's administration has been extraordinarily embarrassed, issued apologies, and has stated that it is committed to changing policies to prevent this from happening again. The arresting officer has been placed on paid administrative leave pending the investigation into his actions (though the report he filed asserts his superior instructed him to arrest Wubbels). What's the Claim? When officers of law cross the line in performing their duties, both the officers, individually, and the municipality, state, or other government entity can be held liable. Generally, under federal law, 42 USC 1983 protects individuals from police misconduct, including false arrest or excessive force. There may also be claims under state laws, depending on the state where the incident occurred. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Does the iPhone's New 'Cop Button' Work? (FindLaw Blotter) NY DMV Busts 4k Fraudsters With Facial Recognition Tech (FindLaw Blotter) Criminal Charges Following Violence, Death in Charlottesville (FindLaw Blotter)
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NY DMV Busts 4k Fraudsters With Facial Recognition Tech

Identity theft often involves multiple pieces of identification. That means multiple driver's licenses, all with the same face. So in 2010, the New York Department of Motor Vehicles began using facial recognition software to flag the same face applying for multiple licenses. Turns out it pays off. The New York Post reports the DMV's facial recognition technology has led to 4,000 arrests and ID'd a total of 21,000 cases of identity theft or fraud. Hey, You Look Familiar The facial recognition program looks for the same faces applying for driver's licenses under different names. Yes, in rare instances, the software can uncover identical twins put up for adoption and raised in different parts of the state. But more often than not, as the Post reports, the tech is tracking identity thieves: Among those ensnared in the new high-tech net was Randolph Robinson who tried to obtain a New York driver's license of a man he moved furniture for, authorities said. When the state system flagged him and he realized his license wasn't mailed in a matter of days, Robinson flew to Florida, where he could get a license immediately at a DMV counter, officials said. State investigators tracked him down and busted him after they say he used the Florida identification to withdraw $50,000 from the victim's bank accounts and buy a new Honda. Numbers Game "The use of this facial recognition technology has allowed law enforcement to crack down on fraud, identity theft, and other offenses - taking criminals and dangerous drivers off our streets and increasing the safety of New York's roadways," Governor Andrew Cuomo said in a statement. "We will continue to do everything we can to hold fraudsters accountable and protect the safety and security of all New Yorkers." Along with those 4,000 arrests, another 16,000 people are facing administrative action as a result of the technology. A DMV investigation discovered that half of those flagged as having multiple license records were trying to get a second license after their original one had been suspended or revoked. "New York has a simple policy: one driver, one record," Terri Egan, DMV Executive Deputy Commissioner, added. "If your license is suspended or revoked, the days of getting a second one to try to keep driving are over." Related Resources: Driver's License Facial Recognition Tech Leads to 4,000 New York Arrests (Ars Technica) How Are Police Using Facial Recognition Software? And Is It Accurate? (FindLaw Blotter) Legal for Cops to Use iPhone Facial Recognition? (FindLaw Blotter) Can I Get Arrested for Not Having ID? (FindLaw Blotter)
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Top 5 Domestic Violence Questions

At one point in the not-too-distant past, a fight between spouses -- even a physical one -- was thought to be a personal matter, not the purview of police, prosecutors, or judges. More recently, law enforcement has taken domestic abuse more seriously, although juries were liable to take a he said/she said approach to accusations of violence in the home. Nowadays, thankfully, it seems like everyone is taking domestic violence seriously, from the expansion of definitions to include other members of the family or household, to the increase in convictions and penalties for domestic abuse. But questions remain. Here are five of them from our archives: 1. How Long Do You Have to File a Police Report for Domestic Violence? Victims of domestic abuse can often struggle with the decision to report violence in the home. Ignorance of domestic violence laws or fear of abandonment or increased abuse keeps many victims from going to the police at all. But statutes of limitation put a cap on how long you can wait before reporting domestic violence. 2. Should You Call the Police If Your Neighbors Are Fighting? Getting involved in a domestic dispute or intervening on another's behalf, especially if that person is a stranger, can keep many witnesses of domestic abuse from contacting law enforcement. However, if a situation has escalated to the point you can hear it, it is seldom a bad thing to get the police involved. You may be afraid of meddling, but you may also save a life. 3. Victim of Stalking? Know Your Legal Options Domestic abuse is not limited to acts of physical violence, and can include emotional and psychological abuse. At the same time, it is not just limited to behavior in the home -- abuse can often spill out into a person's public life. 4. When Can Domestic Violence Charges Be Dismissed? Criminal charges get dropped for all kinds of reasons. But with the common misconceptions regarding who presses charges and how, dismissing charges in a domestic violence case may be a little different than you might expect. 5. Can I Still Own a Gun After a Domestic Violence Conviction? Most jurisdictions are taking domestic violence more seriously, and the penalties for a conviction can be severe. Domestic violence convictions especially are those that after which cities, counties, or states would want to limit gun ownership or possession. And, thanks to federal gun control regulations, that's often the case. If you are or have been the victim of domestic violence, get help. And if you've been charged with domestic violence, get an experienced attorney. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How to Get a Domestic Violence Charge Dismissed (FindLaw Blotter) 5 Potential Defenses to Domestic Violence (FindLaw Blotter) Types of Violent Crime (FindLaw Blotter)
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What Happens If You Falsify Divorce Documents?

You don't always have to tell the truth. And you generally can't be sued for little white lies, like telling your spouse you'd do the dishes without following through, or saying you're "just going out for some cigarettes." But court is one of those places where lying will get you into serious trouble. And even if you're not appearing in court, filing false documents or claims with the court can be just as bad. As tempting as you might be to embellish or exaggerate your situation, especially in a divorce case, telling the truth in court, and in court documents, is the only way to go. Perjury We normally think of perjury as lying on the witness stand, but it can include signing any legal document you know to be false or misleading. Most perjury laws include documents, records, recordings, or other materials a person knows to contain a false material declaration, and apply to ancillary court proceedings like affidavits and depositions. In the context of divorce documents, perjury statutes could apply to the divorce filing itself (if it contains misstatements regarding the parties, the length of the marriage, or the reasons for separation) or any of the supporting documents. Lies about marital property when deciding who gets what, misrepresentations about income when deciding alimony, or false accusations in child custody determinations can all be considered perjury if they are contained in documents filed with the court and the person filing them knows they are false. Penalties Perjury is considered a crime against justice, and courts take it very seriously. Falsifying legal documents undermines the credibility of courts, and compromises the authority of their decisions. There are both state and federal statutes criminalizing perjury, many that include prison time. Beyond losing your divorce case, you could lose your freedom and your livelihood. To avoid any needless false statements or misleading documents in your divorce case, work with an experienced attorney. Related Resources: Find Divorce Lawyers Near You (FindLaw Directory) What Happens If You Don't Respond to Divorce Papers? (FindLaw's Law and Daily Life) Can I Serve Divorce Papers Myself? (FindLaw's Law and Daily Life) Can I Seal My Divorce Filings? (FindLaw's Law and Daily Life)
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New Law Makes Drug Possession a Misdemeanor in Oregon

Oregon legalized recreational marijuana back in 2015. But what about other Schedule 1 narcotics like cocaine, meth, or LSD? While the Beaver State isn't planning on legalizing those any time soon, it is rolling back the penalties for their possession. A new state law will downgrade first-time drug possession offenses from felonies to misdemeanors, so long as the amount is under a certain limit. So to which drugs does the new law apply? What are the limits? And how does that change the possible criminal penalties? Possession, Priors, and Penalties Oregon's HB 2355 applies only to first-time offenders, so those with prior felony convictions or with two or more prior convictions for drug possession can still be charged with a felony. The new law also does not change penalties for possession of large, commercial amounts of illegal drugs. Here are the drugs, and amounts addressed by the new statute: Cocaine under two grams Methamphetamine under two grams Heroin under one gram Oxycodone under 40 pills MDMA/Ecstasy under one gram or five pills LSD under 40 units Instead of looking at five to ten years in prison, those charged with first-time drug possession are instead facing a maximum penalty of just one year in prison and/or a $6,250 fine. Police, Policy, and Profiling Both the Oregon Association Chiefs of Police and the Oregon State Sheriffs' Association supported the measure, saying convictions include unintended consequences like barriers to housing and employment. But the groups also had some reservations. "Reducing penalties without aggressively addressing underlying addiction is unlikely to help those who need it most," the groups warned in a letter to a state senator who backed the bill, adding the law "will only produce positive results if additional drug treatment resources accompany this change in policy." Another bill appropriated $7 million that can be used to pay for drug treatment. The new law also attempts to address police profiling by directing a state commission to develop methods for recording data concerning police-initiated pedestrian and traffic stops. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Drug Possession Is No Longer A Felony Offense In Oregon (Huffington Post) Recreational Marijuana Sales Now Legal in Oregon (FindLaw Blotter) Oregon Looking to Legalize Pot (FindLaw Blotter)
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Criminal Charges Following Violence, Death in Charlottesville

Much of the country was shocked to see white supremacists marching in Charlottesville, Virginia last weekend, and horrified at the images of one of those men driving a car through a crowd, killing one woman and wounding 19 others. There were clashes throughout the city between protestors (ostensibly there in defense of a statue of Robert E. Lee) and counter-protestors, and surely there will be criminal charges and repercussions as well. Here's a roundup of the criminal charges that have been filed so far in the wake of the Charlottesville violence, and a few that may yet be. James Fields, Jr. The worst of the violence was James Fields, Jr.'s attack on a group of counter-protestors, when he drove his car through a peaceful crowd. Fields injured 19 people and killed 32-year-old Heather Heyer. The incident was caught on video and Fields was quickly arrested and initially charged with second-degree murder, malicious wounding, and failure to stop after a crash that resulted in a death. Late last week, the Charlottesville Police Department announced it would be adding five more felonies to Fields' ticket: three counts of aggravated malicious wounding, and two of malicious wounding. Thus far, Fields has not been charged with a hate crime or terrorism. Deandre Harris The other high-profile attack was the beating of 20-year-old Deandre Harris, whose assault at the hands of white supremacists was also caught on camera. "The beating happened right beside the police department," Harris said, "and no police were there to help me at all." No charges or arrest warrants have been filed in the case, despite concerted efforts -- some successful -- to identify his attackers. Other Charges Along with Fields, six other people were arrested following the violence, most charged with misdemeanors ranging from assault and battery to carrying a concealed weapon. Jacob Leigh Smith was charged with misdemeanor assault and battery after allegedly hitting a reporter; Troy Dunigan was charged with misdemeanor disorderly conduct, for throwing objects at "Nazi protesters"; James M. O'Brien was charged with misdemeanor carrying a concealed weapon; David Parrot was charged with failure to disperse a riot; Steven C. Balcaitis was charged with misdemeanor assault and battery; and Robert K. Litzenberger was charged with misdemeanor assault and battery after a Virginia State Trooper allegedly saw him spit on rally organizer Jason Kessler. Additional charges could be filed as investigations progress. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Increased Access to Hate Content Online Leads to More Crime in Real Life, Study Says (FindLaw Blotter) Top Legal Questions on Hate Crimes (FindLaw Blotter) 5 More Tips for Protesting (Legally) (FindLaw Blotter)
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How Long Do You Have to File a Police Report for Domestic Violence?

A victim of domestic violence should generally try to involve law enforcement at the earliest possible time after an incident, assuming police didn't arrive during the incident. The sooner a victim can file a police report, the higher the likelihood that police will investigate, which increases the chances of a city, or state, district attorney prosecuting the matter criminally. Most states provide that criminal offenses of varying severity can only be prosecuted within a certain window of time, known as a statute of limitations. Although, in some states, certain serious offenses like rape or muder will not be subject to a statute of limitations. In New York, for example, a domestic violence case could have a statute of limitations ranging from one to three years (depending on the severity of the charges). What Does It Mean to "Press Charges"? While individuals often mimic television and the big screen and insist on "pressing charges," this is a misnomer. Individuals do not file or press charges. Only the state, or government, that is prosecuting the case has the authority to file, or press, criminal charges against a person. However, in the domestic violence context, and when filing a police report against an individual, officers will sometimes ask a victim if they want to "press charges." While it may sound like the victim holds the power, the actual decision to bring a criminal case is not held by the victim. Officers tend to ask this question in order to find out if the victim will be cooperative with a district attorney. In many situations, even if a victim asks the prosecutor to drop the charges, or even recants their statement, it may not impact a prosecutor's decision to proceed. Civil Remedies Are Available In contrast to criminal charges, which a person cannot control whether or not those get filed beyond filing a report with law enforcement, an individual holds the decision on whether to bring a civil suit against an abuser. Domestic violence victims can sue their abusers for monetary damages, as well as seek out civil restraining orders to keep their abusers away from them. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What If the Police Won't Investigate my Case? (FindLaw's Blotter) Can You Sue for Injury Without a Police Report? (FindLaw's Injured) 5 Things a Domestic Violence Lawyer Can Do (That You Probably Can't) (FindLaw's Law and Daily Life) Domestic Violence Trials: 5 Tips for Victims (FindLaw's Law and Daily Life)
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Will a Misdemeanor Conviction Affect My Immigration Status?

Immigration is a complicated and nuanced area of the law. Many different factors can have a significant impact on a person's immigration status. Possibly the most feared factors are criminal convictions. A criminal conviction can result in deportation and other consequences when it comes to a person's immigration status. Fortunately, not all criminal convictions will have a significant impact on a person's immigration status. But, whether or not a person is convicted of a misdemeanor or a felony is actually less significant when it comes to immigration status than the type of crime a person is convicted of. Serious Crimes and Aggravated Felonies Generally, serious crimes, like murder, drug trafficking, human trafficking, conspiracy, and others, will be grounds for deportation. However, starting in 1988, congress created a list of "aggravated felonies" which also can be grounds for deportation, and has expanded that list over time. It is worth noting that the list of aggravated felonies includes many crimes that are typically only charged as misdemeanors. The list initially only included serious offenses that one might expect to be grounds for deportation, but is continually being amended to include more minor violations, such as: Simple battery Theft Filing a fraudulent tax return Failure to appear in court In addition to the above crimes, any crime that is considered a crime of moral turpitude can also have grave impacts on a person's immigration status. Crimes of Moral Turpitude Crimes of moral turpitude generally include acts that infer a person has breached another person's or the public's trust. These can include both felonies and misdemeanors. While crimes like fraud, embezzlement, perjury, child abuse, and tax evasion are easy to understand as crimes where trust has been broken, small crimes like petty theft or shoplifting, which are typically misdemeanors, can also be considered as such. If a non-citizen is convicted of a crime of moral turpitude, or an aggravated felony, they may not only be deported, but they may be ineligible to return to U.S. forever. Therefore, it is incredibly important for any non-citizen facing criminal charges to not only consult a criminal attorney and inform them of their immigration status, but to also consult an experienced immigration attorney, especially before agreeing to any plea bargain. Related Resources: Find Immigration Lawyers Near You (FindLaw's Lawyer Directory) How to Fight Wrongful Deportation (FindLaw's Law and Daily Life) Can ICE Agents Make Arrests at Courthouses? (FindLaw's Law and Daily Life) Can This New Chatbot Solve Refugee Legal Issues? (FindLaw's Law and Daily Life)
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Federal Agents Raid Los Angeles Casino for Allegedly Laundering Money, Again

An ongoing investigation against the Bicycle Hotel and Casino in Bell Gardens, a city in Los Angeles, resulted in federal agents raiding the casino and closing the gambling floor this week. Since the warrant issued for the raid by a federal district court judge was filed under seal, there are only a few details about the investigation. However, this same casino was found, after a 1991 investigation, to have been built using drug money. Although numerous gamblers speculated that the raid was a result of rigged gaming tables, unnamed media sources clarified that the casino is under investigation for money laundering. Casino patrons holding stacks of chips will be pleased to know that the casino reopened this week after investigators finished their search. However, there may be some more legal trouble in their future, depending on what the search discovered. What is Money Laundering? The crime of money laundering occurs when a person exchanges illegally obtained money, such as the proceeds from the sale of drugs, stolen goods, or other criminal activities, for "clean" money. Many financial institutions are regulated in such a way that certain transactions are monitored for suspicious activity. However, businesses that operate with modest, or even sometimes large amounts of cash can sometimes fly under the radar of authorities, as we learned in Breaking Bad. Penalties for Money Laundering Money laundering is a relatively common type of white collar crime. Depending on whether charges are brought by federal or state authorities, the penalties for money laundering can vary. State laws tend to mirror federal laws, but vary from state to state. Typically, the penalties will increase with the amount of money laundered as well as the number of transactions. While one-off offenses can result in only misdemeanor charges, simple fines and short jail sentences, multiple money laundering transactions can lead to multiple offenses and felony jail sentences of several years. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Stacks of Cash Get People Arrested (FindLaw Blotter) Founder of For-Profit College Gets Prison Time (FindLaw Blotter) Feds Punish NY Corruption: Sheldon Silver Sentenced to 12 Years (FindLaw Blotter)
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Are Programmers Liable If Hackers Misuse Software?

In 2012, Taylor Huddleston created what is known as a remote management tool, a piece of software that allows users to remotely log keystrokes, download stored passwords, turn on the web cam, access files, and watch a computer screen in real time. Designed, he says, to help low-income users who couldn't afford more expensive remote-access programs monitor online activity for safety reasons, NanoCore was going to be Huddleston's ticket out of a trailer he lived in on his mother's property and into a real house. And it worked -- Huddlestone sold NanoCore and another piece of software called Net Seal and was able to buy a $60,000 home. But FBI agents and police raided that home last December, and are now charging Huddlestone conspiracy and aiding and abetting computer intrusions, for all the times hackers used NanoCore to commit crimes. Illegal IT So should Huddlestone be criminally liable if he didn't intend his software to be used for hacking? His attorney, Travis Morrissey, likens the case to firearms manufacturers: "Everybody seems to acknowledge that this software product had a legitimate purpose," he told the Daily Beast. "It's like saying that if someone buys a handgun and uses it to rob a liquor store, that the handgun manufacturer is complicit." Thus far, courts haven't held firearms makers liable for criminal acts committed with their products, but computer crimes laws are written a bit differently. One factor might be where Huddlestone chose to market his software: HackForums.net. As the Daily Beast points out: It would soon become clear that it was a terrible place to launch a legitimate remote administration tool. There aren't a lot of corporate procurement officers on HackForums. Instead, many of Huddleston's new customers had purely illicit uses for a slick remote access tool. Illegal Intent? Huddlestone quickly found out what his buyers were using the software tool for, and, to his credit, attempted to curb illegal activity using NanoCore: In short order, Huddleston found himself routinely admonishing people not to use his software for crime. "NanoCore does not permit illegal use," he wrote in one post. In another, "NanoCore is NOT malware. It is intended to be used legitimately and I don't want to see words like 'slave' and 'infect.'" Huddleston backed his words with action. Whenever he saw evidence that a particular buyer was using the product to hack, he'd log in to Net Seal and disable that user's copy, cutting the hacker off from his infected slaves. But these efforts may not be enough. By then the cat was out of the bag and hackers were trading in copies of NanoCore that bypassed Huddlestone's disabling efforts. Now, he's looking at jail time for making a product he thought would help people. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw's Lawyer Directory) Programmer Faces Federal Charges for Creating Software Used by Hackers (ABA Journal) What Are the Criminal Penalties for Hacking? (FindLaw Blotter) When Is Computer Hacking a Crime? (FindLaw Blotter)
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