Buffalo Criminal Attorney Blog

Here are some of the latest and breaking legal issues in US:

1. White House accused the trespasser to show in court

With the recent news about an accused intruder in one of the most protected buildings in the world—the White House, he is now expected to appear in court on Monday for his first scheduled court proceeding. The 42-year-old accused man in the name of Omar J. Gonzales from Copperas Cove, Texas is facing legal charges for unlawfully intruding a restricted ground or building whilst carrying a dangerous or deadly weapon.

2. Hawaii, Nevada, Idaho gay marriage laws are in court

Since the California declared the unconstitutional banning of gay marriage, the San Francisco court is ready to listen and hear arguments on Monday about the issue of same-sex marriage banning in Hawaii, Nevada and Idaho in a more legal and political climate unlike how the issue was reversed Proposition 8 way back in 2012.

3. A 1991 murder case by a mother to his own son is scheduled in court.

A 46 year old woman, Michelle Lodzinski from Florida is expected to have her initial appearance in the courtroom of New Jersey on Tuesday afternoon in accordance to the legal case of killing her own five year old son Timothy Wiltsey way back in 1991. Lodzinski was arrested last August 7 and since then was jailed in a New Jersey jail with a bail of $2 million. Lodzinski’s legal attorney says her client adamantly denies the charge and that her son vanished in a carnival. But as the investigators did their complete investigation about the matter, they said that Lodzinski kept changing her story. In addition to this, a county respected jury released an indictment declaring “she really did knowingly or purposely killed” or “knowingly or purposely inflict serious body injuries” to her own son, resulting to his death.

There are now many people from different parts of the world who want to become lawyers. Choosing the best law school is important because law school where you will enter will have an important role on molding your future career as a lawyer. You must be careful and wise enough in terms of choosing an international law institution.

You need to understand that international law has evolved also. International law can be classified today as international tribunals, courts and multinational organizations. So, it is essential to find an international law school that can help you acquire the international concept of law. Choosing the best international law can relatively lead you to be a competent lawyer.

If you want to become an international lawyer then why not consider entering in an international law institution? There are several international law institutions to choose from. To give insight to you, the U.S News shows the list of the Top 10 International law institutions. The Top 10 law institutions based from the report of U.S News are listed below:

1. New York University
2. Columbia University
3. Georgetown University
4. Harvard University
5. American University
6. University of California
7. Yale University
8. University of Michigan
9. Duke University

This list of the top 10 Law institutions can relatively help many people choose where to study law. To study law is such a very fulfilling career path. Obtaining your goal in life requires you to choose the best educational institution that can help you mold your skills and your overall capacity to be a competent lawyer. Choosing the best law school can help you acquire high class learning and experience. So, to become a good lawyer, you choose one of these famous international law institutions. Sooner or later, you find that you made the best choice and you will be glad that you did.

The circumstances under which Michael Brown died on August 9^th are in dispute. According to the police, Brown was shot while fighting the officer for his gun. Some witnesses on the other hand say Mr. Brown’s hands were in the air when the last shots were fired.

Other accounts by witnesses seem to concur that the struggle began in Mr. Wilson’s patrol car. Mr. Brown was apparently leaning in through the window, when Mr. Wilson’s firearm went off inside the car. Mr. Brown was then shot as he tried to run away, the officer then ran out of his car and fired at him. Mr. Brown then stopped and turned around to face Mr. Wilson.

Accounts of what transpired differ after that, some witnesses are saying that Mr. Brown approached the officer in a seemingly threatening manner, when he was shot. Others claim he was not moving and might have had his in the air when he was killed.

The F.B.I. has since opened an inquiry into the shooting. The St. Louis County prosecutor, Robert P. McCulloch is handling the case locally even with calls to have it shifted to a special prosecutor. A county grand jury began the hearing on Wednesday.

If charges are filed against Wilson, the next phase will involve presenting evidence to the grand jury. It goes to the grand jury, and if a grand jury indicts, an arrest will be made. Opinions differ on what the charge will be, some seem to think that there are no grounds for a first or second degree murder charge claiming that the facts are incomplete and the best they would do was manslaughter while others were of the opinion that there would be a decent second degree murder charge because the standard would then be whether the killing was done knowingly or not.

NBA agent Greg Oden is facing a felony charge after police stated that he attacked his former girlfriend after a night of partying. The court appearance has been attended on August 13th.

The 285 pound Oden is accused of punching his former girlfriend Christina Green in the face several times as well as fracturing a bone in her nose. The bloody incident was brought to an end by the mother of Oden, who was shocked by the commotion.

Oden was charged on August 11th with one count of felony, resulting in bodily injuries, also referred to as a Level 5 felony, he was arrested in his mother’s Lawrence home, as stated by the Lawrence Police Department report.

Oden is risking a penalty of 1 to 6 years behind bars.

Based on court papers, police officers had been called to the property in the 7200 street to Maple Bluff Area for an investigation associated with a wounded man or woman. After arrival, authorities started off speaking to Oden, who was simply outside of the residence.

Inside the house, Green was laying on the sofa with blood on her face, She suffered from cuts to her nose and forehead. Blood could be observed on the ground and the couch, there had also been filth coming from a flower pot scattered on the floor, reported by official documents.

Just as Christina Green yelled and rejected medical attention, her closest friend explained to law enforcement that Oden smacked Green in the face area, documents stated.

Law enforcement reported that Green, to begin with, said to researchers that she fell. She could not reply to questions regarding the particular incident and just wouldn’t permit officials to photograph her injuries.

The mother of Oden, Zoe Oden, was at her residence during the time and was disturbed by the incident, according to official reports. Zoe Oden informed law enforcement that each and every time the two visited and moved out, a quarrel followed.

Immediately after her son’s police arrest, Zoe Oden explained to law enforcement that disagreements were resolved between the couple. She included that she had not seen what went down, however she needed to keep her son away from Green.

Green was taken directly to the Community North Hospital for stitches to her face and further hospital treatment. She was also reported to have a closed fracture on the nose bridge and may also require surgery at some point.

Green initially stated that Oden had been drinking while they were out, she also said that they went to a night club just before the incident. Oden is claimed to become upset after he drinks, Green states.

According to The Buffalo, NY State Liquor Authority, it is forbidden for the police officers to work directly for bar owners or to sale and distribute alcohol.

So I ask, what were these off duty police officers doing at the Molly’s Pub on the night that Sager (the victim) was attacked and injured and eventually died of his injuries?  And if there was really no connection and wrong doing on the police officers part why were they trying to tamper and conceal the surveillance equipment?

According to the victim’s friend the exchange was uncalled-for and if so why was he not given the care he needed as soon as he was pushed or forced down the stairs with a shovel…   And actually for that matter why was there a two handed shovel inside the bar?  Who brings a shovel to a bar? Was the shovel actually planted there for a purpose?

I don’t care if you’re just a member of your community or a police officer; everyone should get the same kind of judgment when prosecuted.  Others might think as a police officer you should get harsher punishment since you are the law that others try to obey and you should supposedly know better!!

On duty or off duty when you take the oath to serve and protect your communities you should be willing to do so either way.

I don’t want to stereotype and say all police officers act the same in situations like these, because that’s not the case but doesn’t these kind of legal news and incidents raise the question as why police officers are so harsh when it comes to punishing others and when their the one on trial they want the entire world to feel sorry for them?

Dominic Saraceno,  a local criminal defense attorney, who has no affiliation with the trial stated: “ if the case goes to trial , the defense attorney might question the witness in the case and try to compare testimonies and find inconsistencies anywhere they can to show the defendants innocence”.

All I say is police officer or not, we are all human beings and make mistakes throughout our life journey, but we also need to stand up and own our wrong doings no matter what the consequences may be.

Besides, aren’t police officers supposed to protect and serve and promote peace and quiet in our communities?  Am I not supposed to feel safe around police officers?

Argentina has attempted another lawful move in its endeavors to abstain from paying off US mutual funds that have obtained its obligation and which are declining to tune in a rebuilding. Argentina has tried a new legal move in its efforts to avoid paying off US hedge funds that have acquired its debt and which are refusing to take part in a restructuring.

President Cristina Fernandez revealed residential enactment the previous evening that would swap its current bonds, which secured by US law, for new notes legislated by Argentine law.

“In the event that bondholders choose in individual or aggregate structure to request a change of the enactment and locale of their bonds… the economy service is approved to execute a swap for new open bonds under neighborhood enactment,” Fernandez said.

She said: “This is an alternative bondholders have. It’s not a commitment on the grounds that we can’t force commitments on them as per our agreement. Our contractual commitment is to dependably ensure that they can gather [interest].”

Argentina defaulted on its obligation a month ago after a New York court kept the nation from paying enthusiasm to bondholders unless it initially remunerated the fence investments holdouts that are requesting reimbursement in full.

A few examiners cautioned regardless of the fact that bondholders acknowledged the swap offer the move could convey legitimate dangers.

“Argentina could wind up in disdain,” said Alejo Costa, methodology boss at the Buenos Aires venture bank Puente, alluding to the first US court request precluding premium installment.

Argentina is looking to avoid a US court decision keeping it from paying back a few banks. New enactment predicts repatriating extraordinary obligation and proposing a bond swap at a national trustee bank.

In a broadcast discourse, de Kirchner said the move was proposed to ensure installments to bondholders who participated in obligation swaps in 2005 and 2010.

De Kirchner’s arrangement anticipates the state-run Banco Nación Trust supplanting the Bank of New York Mellon, bringing remarkable obligation under national locale and empowering Buenos Aires to pay its lenders locally.

In July, a US area court judge, Thomas Griesa, requested a coupon installment to trade bondholders be solidified at the Bank of New York Mellon.

That deciding stipulated that premium installments to holders of rebuilt obligation could just be paid out if a gathering of US-based multifaceted investments likewise got the cash they were owed in full.

The president additionally welcomed holdout speculators to take part in an alternate arranged bond swap.

More than 90 percent of Argentina’s lenders officially acknowledged extensive write-downs in the wake of a national default in 2001. A few flexible investments, including NML Capital and Aurelius, on the other hand, are looking to be forked over the required funds for securities they purchased.

“In the event that bondholders choose – in individual or aggregate structure – to request a change of the enactment and ward of their bonds … the economy service is approved to actualize a swap for new open bonds under neighborhood enactment,” de Kirchner said.

Experts caution another bond swap could represent a lawful hazard as Argentina is as of now in “specialized default,” tailing its disappointment to pay $539 million (405 million euros) in enthusiasm to trade bondholders in June.

De Kirchner, who has over and over depicted the holdout banks as “vultures,” said she was dead set to push the bill through parliament in a vote planned for Thursday.

National and international laws are constantly being broken at some part of the earth or other. Recent cases of killing and catastrophe have stunned the most powerful countries even. The envoy of the Palestine Authorities have recently vented out to the United Nations Human Rights Council that the PA cannot hope to press charges against Israel in the international courts, because terrorists belonging to Palestine are in fact the worse violators of international law themselves. The recent mass killing in Palestine, presents a clear picture of the level of inhumanity that stem from conflicts between nations. As the PA applied for membership in the international agencies, all types of peace talks between the Palestinian and Israel authorities have fell apart.

No peace talks

All signs of peace talks between Palestine and Israel have fallen apart and many advocates and Palestinian factions have pushed the PA, so that he can sign the Roman statute. This will help him to press all kinds of necessary charges against Israel in the ICC at Hague. But, according to Ibrahim Khreisheh, any such moves is sure to backfire as Israel’s conduct during Operation Protective Edge to stop rocket fire from rocket fire where their forces have always warned civilians before launching any kind of airstrikes, compared to the action of Hamas and some other armed groups. According to Khreisheh, every missile fired by Israel show their lack of humanity, irrespective of whether they hit or missed their target.

Removing Israeli civilians from target

While launching an appeal to the ICC, Khreisheh states that Palestinian factions will have to commit this in writing that they will surely refrain from targeting any civilians of Israel. This is something that none of them are willing or likely to do. In sharp contrast, he pointed out that Israeli army warned people and asked them to evacuate their homes, in order to avoid hurting or killing them in any way. Thus, in such a case, if someone has been killed then the cause isn’t intentional and the international law would rather consider it a mistake. The Israelis have followed legal procedures before the bombardment. But, Khreisheh did not bring into his declaration about the numerous human rights that have been violated. One such human rights violation was the use of human shield. The world is waiting to see what the international law is going to decide on the behalf of the two countries.

One of the most prominent debates and discussions going on in the legal world currently is the shooting down of the MH17. The governments of countries as well as the UN are entering into constant discussions in order to bring the perpetrators in public eye and do them justice. The most likely scenario and argument that is being brought forth is that the unfortunate event was the consequence of a mistake made by the pro-Russian Ukrainian rebels who shot down the aircraft. But, there is still lack of clarity and this is mainly due to lack of proper evidence. More evidences about responsibility have to be gathered; and currently pending investigation is leading to difficulty in accountability of international law.

A crime under the law

Law protectors and enforcers are of the view that the entire incident represents a crime that has taken under the international law. According to the international law, a conflict between the rebel forces of Ukraine as well as those of the state can lead to an armed conflict of a bigger nature. This will lead to the application of international laws of war which are generally declared in case of internal conflicts. One of the main tenets of the international humanitarian law is the distinction between combatants and civilians. It is completely prohibited to target civilians as an object of attack in conflict and this tenet is found under treaty law. The International Committee of Red Cross, prohibits targeting innocent civilians and considers it an international legal norm, to be followed by all countries.

Steps taken by the ICRC

According to international jurisprudence and state practice, the ICRC has confirmed that there exists a customary international norm, where it has been notified to take precautions in order to protect civilians an also damage to property, in such turbulent times. Parties, who are in a conflict, must do everything feasible to very that the targets and the damages made are actually military objectives. Thus, it becomes clear that the perpetrators of the MH17 attack, have violated the customary international law as well as the treaty law. They have also not taken any precautions to make the mission purely military in nature. Though, a lot of evidences need to be gathered before holding them completely accountable for all these actions. A number of actions for legal recourse have been raised in open public platform discussions held lately.

Marijuana becoming legalized in some states has opened the doors to many new issues. Now Home Owner Associations have to come up with rules for the use of marijuana in their neighborhoods. Homeowners’ associations don’t have the power to ban anyone in their communities from using the drug in the comfort of their own homes, especially since it’s legal. But if the neighbors can see or smell weed anywhere near their homes, then the law is completely clear.

Homeowner associations do have the power to regulate the drug as a nuisance or a threat to all of the children who may also be able to smell the drug. Just because the drug has become legal does not mean that they can smoke whenever they want no if’s or but’s. The fact in the matter remains that smoking doesn’t just affect the person but everyone who surrounds themselves with him. You wouldn’t light up a cigarette in a restaurant, so you most certainly can’t light up a joint around someone else’s property. Many people in Colorado have claimed that as soon as spring and summer times come around, they are forced to file complaints because people are out in their patios with the windows down. There have been constant disputes between neighbors on a daily basis.

There are many people, who want to smoke pot, and there is nothing wrong about that, but there are also many people who don’t want to see it or smell it. There have been mixed feelings about the issue, and there is a 50% chance that your neighbor might disagree with you on the issue. This has become a serious cause for concern, because many people have been fighting about the issue, and it’s only getting worse. If the decision to legalize marijuana is present, then there also have to be rules and laws to go alongside of it. Laws need to be there that will help both parties, and stop the dispute between neighbors.

Since the creation of the online marketplace more than twenty years ago, brick-and-mortar stores have experienced a steady drop in revenue thanks impart to ‘unfair’ tax laws. A Senate bill that looks to gain traction on Capitol Hill targets such ‘unfair’ practices by ‘leveling the playing field’ between online E-tailers and brick-and-mortar retailers.

Under the 1992 United States Supreme Court’s decision in Quill Corp. v. North Dakota, 504 U.S. 298, an online E-tailer is not obligated to collect sales tax for transactions conducted over the Internet unless the company has a “physical presence” in its customer’s state. This ruling created a huge burden for brick-and-mortar retailers because it became increasingly more difficult to compete in the marketplace since the online retailers can undercut brick-and-mortar stores by 5 to 10 percent because they are required by law to charge consumers sales tax.

The Marketplace and Internet Tax Fairness Act (MITFA), championed by senators Dick Durbin (D., Illinois) and Mike Enzi (R., Wyoming) will allow states to collect sales tax from E-tailers with annual sales exceeding $1 million. The MITFA, which is highly touted by the brick-and-mortar retail community would create fair competition in today’s marketplace and give brick-and-mortar retailers a flailing chance at increasing sales to respectable numbers.

The bad news for brick-and-mortar shops is that this is second go-around for MITFA. The first failed attempt did pass the Senate but was rejected by the House. This second attempt includes a new stipulation that the original did not – annual sales must exceed $1 million.

Congress is set to take a month-long recess in August, so for now MITFA has been placed on the back burner. As for brick-and-mortar retailers, their uphill battle against online E-tailers continues. And judging by the House’s prior decision, their fate resembles that of Sisyphus from Greek Mythology where he was condemned to ceaselessly push a boulder up a hill just to have it roll back down on him.