Raymond E. Jamison Jr., a Town of Boston construction worker, pleaded guilty today to criminally negligent homicide and drunk driving in the death of an off-duty Buffalo police officer on the Niagara Thruway early on July 24.
Officer Jose A. Colon's SUV was rammed from behind by Jamison about 4 a.m. on the southbound I-190, just before the Clinton Street ramp. The crash also injured two of Jamison's four passengers.
Erie County Judge Michael F. Pietruszka refused to give Jamison a sentencing commitment on his plea to single counts of criminally negligent homicide, misdemeanor drunken driving and two felony counts of vehicular assault for the injuries to his two passengers.
With no objection from Kelley A. Omel, chief of the district attorney's Vehicular Crimes Unit, the judge let Jamison remain free on $50,000 previously posted bail pending his Jan. 21 sentencing.
Jamison, 22, of Fairlane Drive, faces a possible prison term of up to four years. But defense attorney Andrew C. LoTempio said after the plea proceeding that he hopes the judge imposes a "far lesser" sentence.
LoTempio said Jamison, whose car was "totaled" in the fatal rear-end crash, "has accepted full responsibility and he feels horrible" about what happened.
Mark John Grisanti, the Colon family's attorney, also attended the plea proceeding and said that while insurance carriers are working out payments, a civil suit "could be" filed by the police officer's family.
Jamison is undergoing alcoholism counseling at the Erie County Medical Center. Today's plea was witnessed by his mother, brother and two younger relatives.
Source
Saturday, November 28, 2009
Sunday, November 15, 2009
Sheriff pleads not guilty in court, battle brewing over whether he keeps job
LINCOLNTON — Lincoln County Sheriff Tim Daugherty made his first appearance in court Tuesday morning.
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
TV and newspaper reporters sat in the audience along with a few of Daugherty’s employees.
Daugherty shook the hand of one of the courtroom bailiffs and patted him on the back before the proceedings began.
“He’s a great man, a Christian man. He ain’t guilty of nothing,” Lt. Stanley Crowder said while sitting in the front row of the courtroom.
The first appearance was over in just a few minutes, with Daugherty pleading not guilty to the three charges he faces — two felony counts of obstruction of justice and a misdemeanor charge of giving a false report to law enforcement.
Reporters followed Daugherty down three flights of stairs in the courthouse before he took another flight down to the magistrate’s office.
Crowder, Daugherty’s public information officer, met with the media outside of the courthouse. The sheriff has no comment, Crowder said.
When asked if Daugherty was going back to work, Crowder said yes.
“He has no plans whatsoever to resign,” Crowder said.
Daugherty was headed back to work, according to Crowder.
Daugherty was represented by Andrew Banzhoff of Devereux & Banzhoff Attorneys at Law out of Asheville.
Daugherty was arrested Monday after a Lincoln County grand jury handed down indictments. The charges stem from the conviction of Daugherty’s chief deputy Barry Taylor.
Taylor was convicted of obstruction of justice Sept. 30 and fired a few days later for helping a Denver doctor avoid a possible DWI charge.
Evidence in Taylor’s trial made Assistant District Attorney Gwynn Radeker question the sheriff’s knowledge of Taylor’s actions the night of the 2007 incident.
Indictments say Daugherty instructed Taylor to let the doctor go and that the sheriff lied to State Bureau of Investigation officers when questioned about it.
Taylor received 18 months probation and 40 hours community service for the misdemeanor obstruction of justice conviction.
If convicted, Daugherty would probably get 12 to 16 months probation and no jail time, according to Radeker. The penalty could be years in prison for a person with a criminal history, he said.
Radeker said he did not know when the matter would go before a judge.
County Commission Chairman Alex Patton does not intend to wait for the trial to remove Daugherty from his position as sheriff.
Patton made his second call for Daugherty’s resignation during a press conference Monday.
Commissioners will meet with the county attorney 6:30 tonight at the Citizens Center to start a petition for removal.
A petition for removal can be created by the county attorney, district attorney or five registered voters, according to Eddie Caldwell, executive vice president with the North Carolina Sheriff’s Association.
The petition is then submitted to a Superior Court judge who would decide whether to remove or suspend the sheriff.
That process moves more quickly than criminal cases because state statues dictate petitions to be placed at the top of the court docket, Caldwell said.
“That court case is likely to move faster than the criminal indictment,” Caldwell said.
Because Daugherty is an elected official, he cannot be fired.
According to state statutes, a sheriff can be removed for neglect or refusal to perform the duties of his office; misconduct, corruption, extortion, conviction of a felony or intoxication.
If Daugherty is removed from office, the Democratic Party would have 30 days to present a replacement to the County Commission.
Source
Wednesday, October 28, 2009
2 TEENS CHARGED IN HORRIFIC KILLINGS-ANYONE CHARGED NEEDS A NY CRIMINAL LAWYER
A woman and her son who was ten years old were murdered by two teenagers. According to authorities, the woman was stabbed repeatedly and the boy was hit over the head with a television set.
The Minneapolis teens were charged as adults with first degree murder. The two were identified as Stafon Edward Thompson, 17, and Brian Lee Flowers, 16, both of Minneapolis.They were charged with the deaths of Katricia Daniels, and Robert Shepard. The teens can receive a sentence of life in prison and no parole available.
Thompson and Flowers flipped on one another blaming the killings on each other. It appears that the murders knew the woman, Daniels, through her other son who is fifteen and resides in Chicago.
If you or a loved one has trouble with the law and is facing criminal charges, get a New York Criminal Lawyer to defend you. Hiring a NY Criminal Attorney can help you to avoid jail time.
That move can help you to avoid jail time.Police recovered two knives and a golf club in the Daniels' house that they believe were used in the killings. They also found a knife in a garbage can in the alley.
Freeman said it appeared that Daniels had welcomed the teens into her home when they first arrived June 11.
Thursday, October 15, 2009
Attorney Sam’s Take: Arrested For Drug Possession In Boston – What Do You Do?
So, you were out last Saturday night in Boston, enjoying the ten minutes or so that it was not raining. You figure you will celebrate with the herb of your choice. After all, this is 2009 and you can just light up some marijuana you have in your pocket and toke away, you figure. So…why do you find you need a defense attorney come Monday?
The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus
For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.
On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
The first thing you need to do if arrested (or preferably before) for drug possession is to know the playing field. For example, what are you being charged with? What intent are they alleging?
There are various levels, or classifications of drugs which carry with them different levels of severity of sentence. Massachusetts General Laws Chapter 94C describes the various potential penalties. For example, first offense straight possession of a heroine, a Class A controlled substance can bring you two years of jail. Second and future offenses, naturally, get you more.
Generally, I find that the circumstances of an arrest are my clients’ biggest problem. It does not take very much for law enforcement to decide that, according to their investigation, your possession of a controlled substance is really for purposes of sale. Elements such as who you are with, the prior history of your location, how the drugs are packaged and what else you have in your possession are among the things officers will consider in making this determination.
For example, if you happen to have a bunch of twenty dollar bills adding up to hundreds or thousands of dollars, you are likely to win the prize of assumed intent. Items like cell phones, scales and the like can also be considered to be evidence of trafficking, or possession with intent to distribute.
The location of your possession can play a very special part in determining your potential sentence. For example, if you are in an area in which the police believe much drug trafficking occurs, you are more likely to be considered a drug dealer.
There is a very special type of location, however, that can bring you exposure to an extra criminal sentence.
This would be the “School Zone”.
Source
The current drug laws, including those involving marijuana, can be somewhat confusing...on or off of campus
For example, passage of the so-called decriminalization of marijuana has created a certain amount of misunderstanding. While it is not actually criminal to be in possession of an ounce or under of pot, it is not exactly celebrated either. The marijuana can be taken from you under the statute and you may have to pay a civil fine.
On the other hand, the circumstances of the arrest can still bring you back into the spotlight of criminal prosecution. For example, if there are reasons to believe you may be sharing or selling the drug, you can still be prosecuted for either trafficking or possession with intent to sell. Further, if you are under age, there are other provisions in the statute that effect you.
The first thing you need to do if arrested (or preferably before) for drug possession is to know the playing field. For example, what are you being charged with? What intent are they alleging?
There are various levels, or classifications of drugs which carry with them different levels of severity of sentence. Massachusetts General Laws Chapter 94C describes the various potential penalties. For example, first offense straight possession of a heroine, a Class A controlled substance can bring you two years of jail. Second and future offenses, naturally, get you more.
Generally, I find that the circumstances of an arrest are my clients’ biggest problem. It does not take very much for law enforcement to decide that, according to their investigation, your possession of a controlled substance is really for purposes of sale. Elements such as who you are with, the prior history of your location, how the drugs are packaged and what else you have in your possession are among the things officers will consider in making this determination.
For example, if you happen to have a bunch of twenty dollar bills adding up to hundreds or thousands of dollars, you are likely to win the prize of assumed intent. Items like cell phones, scales and the like can also be considered to be evidence of trafficking, or possession with intent to distribute.
The location of your possession can play a very special part in determining your potential sentence. For example, if you are in an area in which the police believe much drug trafficking occurs, you are more likely to be considered a drug dealer.
There is a very special type of location, however, that can bring you exposure to an extra criminal sentence.
This would be the “School Zone”.
Source
Monday, September 28, 2009
Boston DUI Attorney Stephen L. Jones Fights Drunk Driving Charges Throughout Massachusetts
Boston, Massachusetts DUI attorney Stephen L. Jones is ready to fight your drunk driving charge in Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties.
Boston, Massachusetts DUI attorney Stephen L. Jones is a former prosecutor and is now a nationally recognized drunk driving attorney who has appeared on the Today Show, MSNBC, Chronicle, Inside Edition and the Discovery Channel to speak about criminal law. Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has also defended several high-profile cases that have been covered on national and Boston news programs.
Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has successfully defended more than 1,000 Massachusetts drunk driving cases. His law practice focuses on the defense of drunk driving charges and related matters. He is well-versed in both the science and law of drunk driving defense, and will use that knowledge to aggressively challenge chemical tests, field sobriety tests, and other evidence in a Massachusetts DUI case.
As the chair of the Massachusetts Continuing Legal Education seminars on drunk driving for 10 years, Boston, Massachusetts DUI / OUI attorney Stephen L. Jones is in great demand as a drunk driving defense speaker. He has spoken across the nation on subjects related to OUI/DUI and has lectured on the subject of courtroom testimony at the FBI Academy.
Source
Boston, Massachusetts DUI attorney Stephen L. Jones is a former prosecutor and is now a nationally recognized drunk driving attorney who has appeared on the Today Show, MSNBC, Chronicle, Inside Edition and the Discovery Channel to speak about criminal law. Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has also defended several high-profile cases that have been covered on national and Boston news programs.
Boston, Massachusetts DUI / OUI attorney Stephen L. Jones has successfully defended more than 1,000 Massachusetts drunk driving cases. His law practice focuses on the defense of drunk driving charges and related matters. He is well-versed in both the science and law of drunk driving defense, and will use that knowledge to aggressively challenge chemical tests, field sobriety tests, and other evidence in a Massachusetts DUI case.
As the chair of the Massachusetts Continuing Legal Education seminars on drunk driving for 10 years, Boston, Massachusetts DUI / OUI attorney Stephen L. Jones is in great demand as a drunk driving defense speaker. He has spoken across the nation on subjects related to OUI/DUI and has lectured on the subject of courtroom testimony at the FBI Academy.
Source
Monday, September 7, 2009
Police say driver in sixth DUI had brandy in his lap
NEWBURYPORT - A Charlton man pleaded not guilty in Newburyport District Court yesterday to what was at least his 10th drunken-driving charge, after he almost hit another car while swerving across heavy traffic with a bottle of brandy between his legs, police said.
Jason W. Wetteland, 39, was held without bail, and his driver’s license, which had not been valid since 2003, was permanently revoked.
According to a police report, Wetteland had been exiting northbound Interstate 495 onto Route 110 in Amesbury about 7:30 p.m. Saturday when Amesbury police officer Carl LeSage noticed Wetteland’s Ford Explorer swerving.
Wetteland turned a hard right into the entrance of a gas station, slowed to nearly a stop, then turned a hard left back into traffic, causing several cars behind him to slam on their brakes, according to the report.
When LeSage pulled Wetteland’s car over, he saw a bottle of brandy between the man’s legs and observed that Wetteland “had bloodshot and glassy eyes, and his speech was slurred,’’ the report said.
When Officer Raymond Landry arrived to assist LeSage and searched Wetteland’s car, he retrieved a 12-pack of Bud Light beer on the passenger floorboard containing eight unopened cans and a half-full beer can, and the open bottle of Mr. Boston Blackberry Flavored Brandy, police said.
Wetteland told Landry that he had been driving to visit a friend in Salisbury. According to the report, he refused to submit to a sobriety test, saying, “I’m drunk, you know it, and I am not going to deny it.’’
When Landry asked Wetteland if he “thought it was a joke to drive drunk,’’ according to the report, Wetteland told him, “I’ve been doing this all along; this is what I do.’’
Wetteland was taken to the Essex County House of Correction in Middleton, where he had been held on $1 million cash bail until yesterday’s arraignment.
According to Mothers Against Drunk Driving, about one-third of all drivers arrested or convicted of drunken driving are repeat offenders, and drunk drivers with previous convictions have more than four times the risk of being in a fatal crash as other drunk drivers.
“Every couple of years, you come across someone with a horrible record like this, and why they’re still out, we don’t know,’’ said Amesbury Lieutenant Mark Gagnon. “This should get him some time off the road, because he doesn’t seem to get the message, despite the fact that he has no license.’’
In Massachusetts, Wetteland has had six drunken driving convictions, the first in 1988 and the last in 2001.
Beginning in 1991, his license was suspended for 10 years after he was convicted of drunken driving in Spencer. Between 1991 and 2001, when his license was reinstated, his record shows several other violations, including two speeding tickets in Massachusetts and two drunken driving arrests in Connecticut.
Wetteland’s additional license suspensions for those violations were served concurrently with his 10-year suspension, said Ann Dufresne, a spokeswoman for the Massachusetts Registry of Motor Vehicles.
Dufresne said that after Wetteland’s last conviction for drunken driving in 2001, he was only suspended for one year “because at that time the drunk driving laws were not as strict as they are today.’’
He was arrested at least one more time in Massachusetts, in Charlton in 2003 on drunken driving charges, but was found not guilty.
However, because he had refused to take a breath analysis test during that arrest, his license was suspended.
Dufresne said there was not much the Registry could have done to prevent his most recent violation.
“He chose to drive without a license, just like he chose to drink and drive,’’ she said.
The case is being prosecuted by Assistant Essex District Attorney Nathaniel Sears. If convicted, Wetteland faces up to five years in state prison, with a minimum sentence of two years, according to Steve O’Connell, spokesman for the Essex district attorney.
Source
Jason W. Wetteland, 39, was held without bail, and his driver’s license, which had not been valid since 2003, was permanently revoked.
According to a police report, Wetteland had been exiting northbound Interstate 495 onto Route 110 in Amesbury about 7:30 p.m. Saturday when Amesbury police officer Carl LeSage noticed Wetteland’s Ford Explorer swerving.
Wetteland turned a hard right into the entrance of a gas station, slowed to nearly a stop, then turned a hard left back into traffic, causing several cars behind him to slam on their brakes, according to the report.
When LeSage pulled Wetteland’s car over, he saw a bottle of brandy between the man’s legs and observed that Wetteland “had bloodshot and glassy eyes, and his speech was slurred,’’ the report said.
When Officer Raymond Landry arrived to assist LeSage and searched Wetteland’s car, he retrieved a 12-pack of Bud Light beer on the passenger floorboard containing eight unopened cans and a half-full beer can, and the open bottle of Mr. Boston Blackberry Flavored Brandy, police said.
Wetteland told Landry that he had been driving to visit a friend in Salisbury. According to the report, he refused to submit to a sobriety test, saying, “I’m drunk, you know it, and I am not going to deny it.’’
When Landry asked Wetteland if he “thought it was a joke to drive drunk,’’ according to the report, Wetteland told him, “I’ve been doing this all along; this is what I do.’’
Wetteland was taken to the Essex County House of Correction in Middleton, where he had been held on $1 million cash bail until yesterday’s arraignment.
According to Mothers Against Drunk Driving, about one-third of all drivers arrested or convicted of drunken driving are repeat offenders, and drunk drivers with previous convictions have more than four times the risk of being in a fatal crash as other drunk drivers.
“Every couple of years, you come across someone with a horrible record like this, and why they’re still out, we don’t know,’’ said Amesbury Lieutenant Mark Gagnon. “This should get him some time off the road, because he doesn’t seem to get the message, despite the fact that he has no license.’’
In Massachusetts, Wetteland has had six drunken driving convictions, the first in 1988 and the last in 2001.
Beginning in 1991, his license was suspended for 10 years after he was convicted of drunken driving in Spencer. Between 1991 and 2001, when his license was reinstated, his record shows several other violations, including two speeding tickets in Massachusetts and two drunken driving arrests in Connecticut.
Wetteland’s additional license suspensions for those violations were served concurrently with his 10-year suspension, said Ann Dufresne, a spokeswoman for the Massachusetts Registry of Motor Vehicles.
Dufresne said that after Wetteland’s last conviction for drunken driving in 2001, he was only suspended for one year “because at that time the drunk driving laws were not as strict as they are today.’’
He was arrested at least one more time in Massachusetts, in Charlton in 2003 on drunken driving charges, but was found not guilty.
However, because he had refused to take a breath analysis test during that arrest, his license was suspended.
Dufresne said there was not much the Registry could have done to prevent his most recent violation.
“He chose to drive without a license, just like he chose to drink and drive,’’ she said.
The case is being prosecuted by Assistant Essex District Attorney Nathaniel Sears. If convicted, Wetteland faces up to five years in state prison, with a minimum sentence of two years, according to Steve O’Connell, spokesman for the Essex district attorney.
Source
Monday, August 17, 2009
Driving License Boston MA
Driving license in the United States not only gives you rights and permissions to drive motor vehicle but also acts as personal identity card like the Social Security Number. It can be used as a form of identification for several purposes like opening bank accounts, traveling within the country, and as proof of legal age to buy alcohol and tobacco.
US federal government does not issue national driver licenses. All the 50 US states issue driving licenses separately and they can be used anywhere in America, Canada, and even abroad in certain countries. Every state has its own requirements and application procedures for driving license to the citizens as well as immigrants.
However, in all states you have to appear in a written test, road test and vision test. Some of the states allow foreign license as a proof of one's ability to operate a motor vehicle, thus if you have one they may not ask you to give a road test again. There are also different classes of licenses depending on the type of vehicle you will drive.
If you have not taken the US citizenship, you have to show the proof of your Immigration status for applying for a driving license from any state. This was added by the federal government after 9/11 as an extra security measures when obtaining a driving license. Driver licenses that do not meet these requirements are not accepted as legal identification to get entry into a federal building or to board an airplane in the country.
There is a US government website (www.dmv.org) that provides information on driving license. The site has all the details – how you can apply, what are the procedures and requirements for a driving license. It has a map of the US and by clicking on the state where you want to apply you can get the information and the procedures.
If you are planning to go to the US, besides American visa and driving license there are many things you should know about. Visit http://www.myusgreencard.com which specializes in filling in the forms of US green card lottery in a complete and accurate manner ensuring that your form for the lottery is complete in all respects. You can get information about social security card, diversity lottery, US citizenship, etc. at the portal.
Source
US federal government does not issue national driver licenses. All the 50 US states issue driving licenses separately and they can be used anywhere in America, Canada, and even abroad in certain countries. Every state has its own requirements and application procedures for driving license to the citizens as well as immigrants.
However, in all states you have to appear in a written test, road test and vision test. Some of the states allow foreign license as a proof of one's ability to operate a motor vehicle, thus if you have one they may not ask you to give a road test again. There are also different classes of licenses depending on the type of vehicle you will drive.
If you have not taken the US citizenship, you have to show the proof of your Immigration status for applying for a driving license from any state. This was added by the federal government after 9/11 as an extra security measures when obtaining a driving license. Driver licenses that do not meet these requirements are not accepted as legal identification to get entry into a federal building or to board an airplane in the country.
There is a US government website (www.dmv.org) that provides information on driving license. The site has all the details – how you can apply, what are the procedures and requirements for a driving license. It has a map of the US and by clicking on the state where you want to apply you can get the information and the procedures.
If you are planning to go to the US, besides American visa and driving license there are many things you should know about. Visit http://www.myusgreencard.com which specializes in filling in the forms of US green card lottery in a complete and accurate manner ensuring that your form for the lottery is complete in all respects. You can get information about social security card, diversity lottery, US citizenship, etc. at the portal.
Source
Subscribe to:
Posts (Atom)