Google has unveiled it's completely driverless car and plans to test a hundred prototypes in California over the next few years. Unlike previous versions which featured steering wheels and the ability of the human driver to assume control, these vehicles are completely autonomous and have no way for passenger intervention.
http://googleblog.blogspot.com/2014/05/just-press-go-designing-self-driving.html
This could have major implications for vehicular crime. As the human driver is in no way controlling the vehicle crimes such as DUI would be meaningless. Driver licenses would be no more required to ride in a driverless car than they would be to ride in the back of a taxi. The income small municipalities receive from speeding offenses and red light cameras would dry up, as presumably the cars would be programmed to obey all rules of the road.
There would need to be significant changes in auto-insurance laws (currently mandatory in all 50 states) which could render that industry bankrupt. What about people who have lost their license due to a medical issue such as epilepsy? What about blind people "driving" these driverless cars?
It is an exciting development and I expect it will have a big impact on the current climate of vehicle crime.
Thursday, May 29, 2014
Wednesday, May 21, 2014
Are prior criminal convictions relevant in a criminal case?
Generally, Pennsylvania Rule of Evidence 404(b) prohibits the introduction of a defendant's prior bad acts including criminal convictions. This means that the government may not introduce such evidence in order to convict someone of a crime. There are several reasons behind this prohibition; including to prevent a confusion of the issues and to ensure a defendant is not convicted of the current crime based on past behaviour to which there may be no connection.
There are certain exceptions to this rule, however. Crimes of crimen falsi are sometimes permitted, for example. A crime of crimen falsi is a crime of lying such as fraud or theft. Such crimes go to the credibility of the defendant to tell the truth. Also, if the prior crime has some relationship to the current crime it may be admitted.
It is important for any criminal defendant to be aware of his/her prior record and to discuss it with the attorney prior to trial to ensure there are no surprises.
There are certain exceptions to this rule, however. Crimes of crimen falsi are sometimes permitted, for example. A crime of crimen falsi is a crime of lying such as fraud or theft. Such crimes go to the credibility of the defendant to tell the truth. Also, if the prior crime has some relationship to the current crime it may be admitted.
It is important for any criminal defendant to be aware of his/her prior record and to discuss it with the attorney prior to trial to ensure there are no surprises.
Monday, May 19, 2014
How to dress a client for court.
Although tangential to the actual determination of the issues at play in a case, it is still important to consider how the client will present him/herself in front of the Judge or Jury. The most important consideration is that whatever the client wears, it should show the proper respect to the Court.
Gone are the days when everyone wore suits to Court. Watching 12 Angry Men now, with the juror room full of men in suits and ties is not the norm anymore. This represents a relaxing of sartorial attitudes of society in general, not anything particular to Court proceedings. Now polo shirts, jeans, sneakers, and the like are the standard.
When clients ask what they should wear to court I always tell them to be respectful but comfortable. If a client can wear a nice conservative suit, that's great, but many clients are incredibly uncomfortable in a suit and tie and if he or she fidgets or sweats or otherwise looks out of place that may have a poor impact on the jury. If the client is more comfortable in chinos and a button-down shirt that is acceptable.
Of course it can go the other way as well, if a client projects an image of arrogance by wearing too-expensive tailored suits in front a of generally rural or suburban jury they may draw another adverse inference.
Clothing to be avoided:
Shorts
Jean shorts
Cut-off jean shorts
Adidas workout pants
Budweiser branded T-shirts
NWA concert T-shirts
NAZI regalia
Lingerie
Robes
Capes
Tuxedos
Footwear to be avoided
Sandals
Slippers
Crocs
Thigh high leather boots
Face tattoos, if applicable, should be covered in makeup concealer prior to entry to the courthouse.
Gone are the days when everyone wore suits to Court. Watching 12 Angry Men now, with the juror room full of men in suits and ties is not the norm anymore. This represents a relaxing of sartorial attitudes of society in general, not anything particular to Court proceedings. Now polo shirts, jeans, sneakers, and the like are the standard.
When clients ask what they should wear to court I always tell them to be respectful but comfortable. If a client can wear a nice conservative suit, that's great, but many clients are incredibly uncomfortable in a suit and tie and if he or she fidgets or sweats or otherwise looks out of place that may have a poor impact on the jury. If the client is more comfortable in chinos and a button-down shirt that is acceptable.
Of course it can go the other way as well, if a client projects an image of arrogance by wearing too-expensive tailored suits in front a of generally rural or suburban jury they may draw another adverse inference.
Clothing to be avoided:
Shorts
Jean shorts
Cut-off jean shorts
Adidas workout pants
Budweiser branded T-shirts
NWA concert T-shirts
NAZI regalia
Lingerie
Robes
Capes
Tuxedos
Footwear to be avoided
Sandals
Slippers
Crocs
Thigh high leather boots
Face tattoos, if applicable, should be covered in makeup concealer prior to entry to the courthouse.
Monday, April 14, 2014
Pre-nuptial Agreement, Necessary?
Nearly all property acquired by either party during the course of a marriage, regardless of whose name it is titled in, becomes marital property and is subject to equitable distribution by the Court. Additionally, the increase in value of any property owned by either party prior to the marriage is also marital property. So for example, if one party owns a house prior to marriage and then the divorce process begins ten years later any increase in the value of the house from the beginning of the marriage to the date of separation is marital property.
The only way to protect pre-marital property is with a pre-nuptial agreement, signed well in advance of the date of marriage. A pre-nuptial agreement can contain a variety of terms to protect both pre-marital and marital property and can set out the terms as to how a divorce should proceed if necessary.
The complication of children can have significant consequences on a pre-nuptial agreement and matters such as custody or child support often cannot be specified in such an agreement.
The only way to protect pre-marital property is with a pre-nuptial agreement, signed well in advance of the date of marriage. A pre-nuptial agreement can contain a variety of terms to protect both pre-marital and marital property and can set out the terms as to how a divorce should proceed if necessary.
The complication of children can have significant consequences on a pre-nuptial agreement and matters such as custody or child support often cannot be specified in such an agreement.
Thursday, April 10, 2014
Jurisdiction in divorce matters
The Jurisdiction where a divorce takes place can have a big effect on the ultimate cost of the overall action, as different counties and states have different costs associated with the filing and final disposition of the matter. Generally, if the parties are in agreement about the details of the divorce they can file anywhere they agree to. This may be advantageous if the parties are looking to save money on filing fees.
If the parties disagree about any part of the divorce then they would be limited to filing in either the jurisdiction where they were originally married, where the defendant resides, or where the parties resided together prior to separation. Consideration of where to file is an important part of the divorce process and should be consulted with a local attorney familiar with the local practices in that jurisdiction.
If the parties disagree about any part of the divorce then they would be limited to filing in either the jurisdiction where they were originally married, where the defendant resides, or where the parties resided together prior to separation. Consideration of where to file is an important part of the divorce process and should be consulted with a local attorney familiar with the local practices in that jurisdiction.
Tuesday, April 8, 2014
Real Estate Transactions
An excellent post over at the Pocono Title Insurance Blog - http://poconotitleinsurance.com/ run by New Horizon Abstract Title Agent Erik Peterson. He makes the good point that an attorney is NOT required at the time of closing on a real estate transaction. Sophisticated purchasers would probably feel comfortable closing without an attorney, but anyone purchasing for the first time, and certainly commercial transactions should be guided by an attorney to provide additional peace of mind.
Thursday, April 3, 2014
Restitution as a result of a criminal offense
If there are damages to property or to a person as a result of a criminal offense the Court will impose restitution as a condition of sentencing. This means the criminal offender is responsible for paying the damages incurred. For example, if a DUI offender injures another person or damages another person's car in the commission of the crime, he or she will be held responsible for paying the costs to repair the car or for the person's medical treatment.
This is separate from a personal injury lawsuit, in which punitive damages, or damages for pain and suffering can be recovered. Restitution is generally limited to the specific financial loss of the alleged victim.
If a person is facing sentencing in a case in which restitution is a possibility he or she should hire an attorney to double check the costs. It is not uncommon for an alleged victim to inflate his or her costs in a restitution hearing and it should be checked for accuracy. The restitution hearing is the only chance to challenge the amounts claimed. Failure to pay restitution can result in additional criminal issues, not just a judgment as failure to pay a personal injury lawsuit.
Restitution is not normally covered by insurance, but if the alleged victim has made a claim to the offender's insurance company that will usually be considered by the court. However, it is important to remember that issue must be raised at the hearing.
Subscribe to:
Posts (Atom)