Showing posts with label Criminal Law. Show all posts
Showing posts with label Criminal Law. Show all posts

Friday, February 28, 2014

Oklahoma Man Dies In Police Custody; Moore Cops Put On Administrative Leave


                                                                          

Man dies in Police Custody of Brutality. 

Oklahoma detectives are investigating the death of Norman resident Luis Rodriguez, who died after being handcuffed by police officers responding to a domestic disturbance at a movie theater Friday.
Before cops arrived on the scene at the Warren Theater in Moore, Okla., a fight broke out between Rodriguez’s wife, Nair Rodriguez, and his daughter, Lunahi Rodriguez, NewsOK reported. Luis intervened and tried to break up the dispute. His wife fled and Luis allegedly then fought with officers, who put him in handcuffs.
Lunahi Rodriguez claimed her father didn’t resist but was nevertheless repeatedly hit by the officers. She told News9 that the cops beat her father to death in the parking lot of the theater.
"When they flipped him over, you could see all the blood on his face. It was, he was disfigured; you couldn't recognize him,” she told the Oklahoma television station. She added to NewsOK, “They jumped on him like he was some kind of killer or drug dealer and beat him up. He never fought the officers. They beat him on the head and that's how he lost his breath.”
Nair Rodriguez said her husband was only trying to break up the fight between her and her daughter. She said she slapped her daughter in the face when her husband intervened. She said she knew her husband was dead when she saw his body.
"I saw him. His [motionless] body when people carry it to the stretcher," she said. "I knew that he was dead."
Three police officers were placed on administrative leave while detectives investigate Rodriguez’s death. Moore Police Department spokesman Jeremy Lewis told NewsOK that Rodriguez stopped breathing as the officers were restraining him. An ambulance was at the movie theater, but paramedics weren’t able to revive Rodriguez.
Lunahi Rodriguez said her mother videotaped the incident on her cell phone, but police confiscated the device. News9 was able to obtain an audio recording of the confrontation.
"My mom was taking a video and asking, ‘What are they doing this for? Why?' And they didn't give really an explanation,” she said.
Mother and daughter were taken to the hospital and were told they could see him, indicating that he was alive. But Lunahi Rodriguez said that turned out not to be the case.
"Two hours passed. They finally called [Nair Rodriguez] up to say, 'Oh you could see him,' but it turned out it was a lie. They moved his body elsewhere," Lunahi Rodriguez said.

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Thursday, February 27, 2014

What is the punishment range for a third 3rd degree felony in Texas?



                                                        


Question?

My brother is 17th he is being charged with 3 felony Burglary of a Habitation. He has gotta in trouble before but nothing this bad, what will the judge think of him with 3 felony Can the attorney work something out? He's in jail we'll I write this we paid the jail release just waiting to see what happens next. Is there hope for him and my family?



The punishment range for burglary of a habitation is either a 2nd degree or a first degree felony dependent on the facts of the burglary.

It is a second degree felony if the burglary was for theft purposes only. The punishment is anywhere between 2-20 years up to $10,000 fine or probation if probation eligible.

It is a first degree felony if the person enters the habitation to commit a felony other than felony theft. Like assault or robbery. Then the range of punishment is between 5-99 years and up to a $10,000 fine.

It's difficult for any attorney to give you a prediction of what will happen not knowing the facts and circumstances of your brothers case.

These sentences can either run concurrently together or consecutively.

What I can tell you is that he needs the best representation possible to help him through this process.

If you wold like to discuss this feel free to contact my office.

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NFL star Darren Sharper faces more rape charges

Former NFL star Darren Sharper faces more rape charges

February 27, 2014
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.
Darren Sharper appears in a Los Angeles court on February 14 to face rape charges. He faces separate rape charges in New Orleans.

STORY HIGHLIGHTS
  • Darren Sharper now faces rape charges in two states
  • The former NFL star faces two counts in New Orleans of aggravated rape
  • A second man, Erik Nunez, also faces the same charges in Louisiana
  • An attorney for Sharper previously has said his client engaged in "consensual contact"
 New Orleans police have issued arrest warrants for former NFL star Darren Sharper and another man in connection with the alleged rapes of two women.
Sharper, 38, and Erik Nunez, 26, each face two counts of aggravated rape, the Orleans Parish district attorney's office said in a statement.
Sharper and Nunez face the possibility of life without parole if convicted.
CNN reached out to an attorney for Sharper and to Nunez, but neither immediately returned messages seeking comment.
Sharper has also been charged in California with two counts of rape by use of drugs and other charges, according to Los Angeles County prosecutors.
He pleaded not guilty last week.
"Mr. Sharper must stay in Los Angeles County," a judge said at a bail hearing.
Judge Renee Korn set Sharper's bail at $1 million and ordered him to stay away from venues that sold alcohol as a primary item.
Prosecutors in Louisiana said the two alleged rapes occurred on September 23 in a New Orleans apartment.
The alleged rapes in California occurred in October and last month, authorities said.
Prosecutors there said the five-time Pro Bowl player, who became an NFL Network analyst, is also under investigation in Arizona and Nevada.
Tempe, Arizona, police say they expect to file charges against Sharper soon.
"We have nothing yet. We anticipate filing charges very shortly and we are still waiting on a couple of results from the crime lab," said Sgt. Mike Pooley.
In addition, a Florida woman last month filed a sexual battery complaint in Miami Beach against Sharper relating to a 2012 incident, a police report said.
According to the report, the woman was with two friends at a Miami Beach club in September or October 2012 when she met Sharper. The woman, her friends and another person went to Sharper's condo, where the woman claims the battery took place.
Miami Beach police are investigating the case, Miami Beach Detective Vivian Hernandez said last week.
One of Sharper's lawyers disputed all the rape allegations last week at his hearing.
"It was all consensual contact with women who wanted to be in his company," Leonard Levine said.
Sharper played for the Green Bay Packers, Minnesota Vikings and New Orleans Saints from 1997 through the 2010 season.

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Kerry Kennedy Ambien DWI?

Kerry Kennedy and the Ambien

 Defense- UPDATE

kerry kennedy
Another Kennedy family member has found herself in a difficult situation.
Just one month after Robert Kennedy Jr.’s ex-wife Mary committed suicide, his 52-year-old sister Kerry Kennedy is in trouble with the law.
Kennedy, who is the ex-wife of New York Governor Andrew Cuomo, was involved in a motor vehicle accident on last Friday. She was allegedly driving erratically on Interstate 684 in upstate NY, when she collided with a truck.
According to the Daily News, Kerry Kennedy was found by police sitting behind the wheel of her car. She had no explanation for what happened. She took a voluntary Breathalyzer test that quickly ruled out alcohol.
Kennedy claims that there is a possibility that she may have accidentally taken the sleeping pill Ambien instead of her thyroid medication. Although her initial drug blood and urine tests at the hospital came back negative,  police are doing a follow-up analysis of her blood sample.
Family members are also questioning whether an undiagnosed medical condition could be behind the accident.
Could Ambien have played a role in Kerry Kennedy’s accident?

Erick Platten Criminal Lawyer Tyler, Texas, Erick Platten DWI DUI Attorney, Erick Platten DWI DUI Lawyer tyler, Texas, Erick Platten Criminal lawyer Texas

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Tuesday, February 25, 2014

How can I keep a theft case off my record?


Thefts are considered crimes of Moral Turpitude and can interfere with individuals trying to obtain employment, get into schools or obtain state licensing. 

If you are arrested for a Theft call the Platten Law Office today so we can help you with your situation.  There may be many things that can be done to try and keep your case from being filed in or ways to help defend your situation if you have charges in Court.  

I have successfully defended individuals in theft cases ranging from shoplifting to over five hundred thousand dollars of oil field pipe theft. 

Sincerely,

Erick Platten 
903-593-9100

TylerJustice.com


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If i am not observed driving can i be charged with a DWI/DUI?








People are often arrested for driving off the road and running into homes, fences, telephone poles etc. However an element of the crime of DWI is operating the motor vehicle. So that is an issue the prosecution will have to deal with. 

You need to consult with an attorney in your area that focuses on intoxication crimes. 

Sincerely, 

Erick Platten 

Platten Law Office 
Tyler, Texas 

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Wednesday, February 5, 2014

Justin Beiber DUI consequences that could lead to deportation





Justin's been having too much fun lately. He can have his entourage carry him around like a pharaoh, smoke enough pot to force his pilots to wear oxygen masks but he can't outrun the Federal Government if he's convicted of Driving While Intoxicated.

See, Beiber is a Canadian citizen and any crime considered a felony in Canada can prohibit individuals from entering Canada.  Likewise, Canadian's can not enter the United State's if they have certain criminal convictions too.

So, a DUI in Canada is Considered a Felony.  That being so, if he's convicted of DUI the U.S. INS may be asking him to go home to Canada.

These DUI/DWI convictions were a big problem during the Olympics held in Canada in 2010.  Many individuals with DWI/DUI convictions and anything else Canada deemed a felony in their country were refused entry.

So Beiber, I hope you have good lawyers.  You're going to need them.

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Purpose of the law and abuse of the law.

I do not promote or endorse violence or think there is anything funny about family violence.  However, a trend of false allegations of family violence is being reported on a daily basis to help one's position in family law and immigration cases.

I find these actions despicable.

No one should abuse the system to destroy someones life and sit back and benefit from the results.

It's the power of the right to confrontation through a jury trial that should lead to the truth.

Sincerely,

Erick Platten

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PlattenLaw@aol.com
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Can my employer of a truck driveing job terminate my employment if I picked up a wet reckless conviction with a 5 year old prior

He's alredy been employing me with a prior dui and has been employing others to drive with dui,s for several years can he terminate me cause I got a wet reckless recently my license is valid and not getting suspended........?

It's likely the wet reckless is something that is interfering with insurance. Also since it's an intoxication crime your employer may have concerns about someone with alcohol convictions operating company vehicle. It can be a liability. I would advise you speak with an employment lawyer in your area just to make sure.

Sincerely, Erick Platten

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What do I do? Can somebody help me and point me in the right direction.

 I am in lots of pain, weakness and discomfort due to a medicine that was given to me in ER. I went in complaining of stomach pain. The Physician On duty didn't think this was an urgent matter. They gave me a medicine that made me worse and caused me 3x more issues. They didn't put it On my discharge papers. I had to ask about the medicine in detail On the next day. All of which is making me worse. It gave me more plus what I was already feeling.

You need to consult with a civil attorney to review your medical records to determine if there was any malpractice.

 Sincerely, Erick Platten

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PlattenLaw@aol.com
www.TylerJustice.Com
24 Hour Emergency
903-593-9100

If i am not observed driving can i be charged with a dwi

People are often arrested for driving off the road and running into homes, fences, telephone poles etc. However an element of the crime of DWI is operating the motor vehicle. So that is an issue the prosecution will have to deal with. You need to consult with an attorney in your area that focuses on intoxication crimes.

Sincerely, Erick Platten Platten

Submit your own Legal Question Today!
PlattenLaw@aol.com
www.TylerJustice.Com
24 Hour Emergency
903-593-9100

My dog bit a person and i have no insurance, what do i do?

You need to contact an attorney as soon as possible to help you thorough this process. If you don't have home owners insurance the individual can go after your assets. If you need help with this matter feel free to contact my office.

Sincerely, Erick Platten Platten Law Office

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PlattenLaw@aol.com
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903-593-9100

Can we remove a dismissed adult misdemeanor crime record from general public with NEW LAW?

If your case was expunged it can be removed.

Sincerely, Erick Platten Platten Law Office


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Car accident---not satisfied with the final compensation

You've already signed the releases and accepted their checks. There's no way out now. Sorry. Sincerely,

Erick Platten
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PlattenLaw@aol.com
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I got a DUI, was ordered to pre-trial services and began substance abuse counseling. My BAC was 0.185, can I avoid jail?

Even though you have a high BAC that doesn't necessarily mean the state can prove you were intoxicated. There are lots of things that can be done to help you. Talk with you attorney about this and watch the video. Determine if there was a good enough reason for the stop and determine if there are any problems with the BAC testing.

Sincerely, Erick Platten


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PlattenLaw@aol.com
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DWI Motion to Supress appeal...how does this work and cost

Average cost is very hard to put a number on. The trial transcript alone is going to cost anywhere from six to seven dollars a page. But you have thirty days from the date of sentencing to file your notice of appeal. A motion for new trial is usually filed before the notice of appeal to see if the judge will entertain the argument of what went wrong in trial. You need a good attorney that handles appeals. If you need help with this matter feel free to contact my office.

Sincerely,
Erick Platten



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Can my OVI charge become a conviction if I was never actually "arrested"?


In cases where there has been an accident or serious bodily injury the State can get a warrant for your blood. If they didn't get a warrant they would need to get an grand jury subpoena to obtain this information. You may be charged with an intoxication crime. You need to speak with someone in your area that specializes in DWI's.

Sincerely,

Erick Platten


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PlattenLaw@aol.com
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How much should I ask for personal injury for my family and I as a result of an auto accident

 I'm sorry to hear your family went through such a tragic experience and are still having problems with this situation. Each Personal Injury accident is different.  It depends on the on many factors as to what recovery in a case will be. If you need help with this matter feel free to contact my office or my cell. I accept calls twenty for seven and on nights and weekends so feel free to contact me.

Sincerely,

Erick Platten Platten Law


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PlattenLaw@aol.com
www.TylerJustice.Com
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What is a federal target letter? What Is the process after getting a letter from federal investigators?

You need an attorney helping you as soon as possible and not posting questions like this on a public forum for others to see and perhaps use against you. If you cannot afford an attorney the Federal Magistrate will appoint one for you.

Sincerely, Erick Platten
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PlattenLaw@aol.com

www.TylerJustice.Com
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Can speedy trial deadline be used to force a DA to drop the charges if the clocks run out ?

If the State doesn't get their case together they may be forced to dismiss the case if their not prepared.