San Francisco’s federal prosecutors acted legally

I have to go Andrews and Midland County Texas soon and see my ancillary attorney but in the meantime post this article: We want officials to get tough when it comes to prosecuting criminals. It’s not always so easy or simple to balance protecting rights of defendants and protecting the public.

Wicket Morris and Stephanie Jones were charged with possessing crack with the intent to sell it. The charge specified a mandatory 10-year prison term. When Morrris and Jones refused to plead guilty and testify against murder defendant Dennis Cyrus, prosecutors responded by filed additional charges stemming from previous felony convictions, which increased the minimum term to 20 years. If you need an attorney I can recommend this one, he is a great personal injury attorney.

In 2009, U.S. District Judge Marilyn Hall Patel ruled in that San Francisco’s federal prosecutors had violated the rights of two alleged crack cocaine dealers by filing additional charges that were punishable by at 20 years or more in prison when the defendants refused to testify against a gang member in a murder case.

Bob Egelko, San Francisco Chronicle staff writer, wrote the story posted today, February 3, 2011, under the headline; “S.F.: U.S. attorney’s tough plea bargains legal.”

A federal appeals court ruled Wednesday, Egelko reported, that San Francisco’s federal prosecutors acted within the law when they told accused drug dealers they could pull down long prison sentences if they didn’t agree to plead guilty and to testify against other defendants.

Former U.S.  Gov’t. Attorney Joseph Russoniello used the hard-hitting plea-bargaining strategy, threatening drug defendants with throwing the book at them if they refused to cooperate. Prosecutors then pushed for long sentences for defendants who fought the charges or even asked for release on bail.

Egelko quoted Judge Patel as saying the prosecutors had “short-circuited the truth-finding process” by insisting that both defendants give up their rights immediately, before receiving any offer of leniency.

However, the Ninth U.S. Circuit Court of Appeals in San Francisco said, basing their decision on thirty years of previous rulings, “Deals conditioned on cooperation are permissible.” Although plea agreements require some “give-and-take, there is nothing fundamentally wrong with the prosecution’s decision to present its best offer up front.” All in all this sort of reminds me of a recent Seattle cases. Speaking of that if you are in the emerals city and need a qualified lawyer overall.

I can suggest this one for probate law, wills, trusts and of course estate planning in Ward and Glasscock County TX,  pinsonlaw.com is a fine fine attorney overall. Egelko noted that Russoniello, who was the Bay Area’s chief federal prosecutor from January 2008 to August 2010, stated that the ruling reaffirms prosecutors’ long-standing power to use tougher sentences as leverage in plea-bargaining.

Egelko quoted Russoniello as saying, “That’s what induces people in the business of committing crimes to cooperate.” Egelko adds that Russoniello’s successor, U.S. Attorney Melinda Haag, had no comment, but Federal Public Defender Barry Portman said Haag’s office has not continued Russoniello’s policy, although it would be free to do so following the Ninth U.S. Circuit Court of Appeals ruling.

Former U.S. Surgeon General, C. Everett Koop, on Prolotherapy treatment

Prolotherapy is the rarest of treatments in that it stimulates the body’s own systems to generate fibers that strengthen the targeted area and reduce or eliminate pain—without side effects.
As the former U.S. Surgeon General, C. Everett Koop explains it, PRP is the name some people use for a type of medical intervention in musculoskeletal (discomfort)……”
Dr. Koop says the treatment is also referred to as Sclerotherapy. “Sclera” is derived from the Greek word “sklera”, meaning hard. Sclerotherapy refers to the same treatment which stimulates a hardening or a proliferation of collagen fibers and involves injections.
As Dr. Koop is aware, many physicians are not aware of the treatment, although it’s been around since before the turn of the century. He says many in the medical profession are skeptical that such a simple and straight-forward treatment could be so effective against stubborn, difficult ailments.
The therapy consists of injecting a simple, harmless solution such as glucose to the intersection of a ligament with a bone to induce the “rather dramatic therapeutic benefits that follow.”
Another reason is that many insurance companies do not pay for Prolotherapy, Dr. Koop explains, is because their medical advisors don’t understand how it works, and have never practiced it. It seems too “simple a procedure for a very complicated series of musculoskeletal problems which affect huge numbers of patients,” he says. In this sense it is somewhat similiar to it which is the acronym for Platelet Rich Plasma Therapy. All in all, many is the doctor who is not aware of
Platelet Rich Plasma Therapy or PRP, as is the case with prolotherapy, surprisingly. The distinguished doctor himself has been a patient who has experienced the rewarding results of Prolotherapy. He was, in his words, “so remarkably relieved of my chronic disabling pain, I began to use it (in practice as well).”
Dr. Koop’s Personal Experience with Prolotherapy Treatment Yielded “Remarkable”and Long Lasting Results

Often this is better than using various drugs. On that note, if you are in Arlington Virginia I can suggest tuomeylaw.com if you need an attorney who knows Criminal Law, Juvenile Law and of course drug possession offenses in the state of Virginia.
Dr. Koop has been quoted as saying, “When I was 40 years old, I was diagnosed in two separate neurological clinics as having intractable (incurable) pain. My comment was that I was too young to have intractable pain. It was by chance that I learned that Gustav A. Hemwall, M.D., a practitioner in the suburbs of Chicago, was an expert in Prolotherapy. When I asked him if he could cure my pain, he asked me to describe it. When I had done the best that I could, he replied, “There is no such pain. Do you mean a pain” And then he continued to describe my pain much better than I could. When I said, ‘That’s it exactly,’ he said, ‘I can fix you.’”
The doctor’s “intractable pain was not intractable” and he was “remarkably improved to the point where my pain ceased to be a problem.” He adds that far milder recurrences of that pain over the next 20 years were retreated with Prolotherapy yielding “equally beneficial results.

San Bernardino Mountain Bus Crash Injures Two Dozen—One Person Killed

February 21, 2011-According to reports one person was killed and two dozen people were injured in the said motor vehiclecrash.

According to the California Highway Patrol a mid morning bus crash in the San Bernardino ski area injured two dozen and fatally injured one person after a head-on collision on Highway 189.

The bus was from the Light of Love Mission Church in Pasadena and was carrying mostly teens that were returning from a retreat at the Pinecrest Christian Conference Center.

Monday at approximately 11:50 a.m. the church bus struck a Nissan Murano belonging to the San Bernardino County Fire Department, causing the bus to slide down an embankment about 20 feet striking a large tree and a power pole.

One person was fatally injured in the crash and at least ten people sustained major injuries and the rest of the two dozen passengers sustained minor and moderate injuries in the bus crash.

According to Cal Fire spokesman Bill Peters there were a number of passengers with broken bones, scrapes and bruises. Most of the injured victims were transported to St. Bernardino Medical Center and Arrowhead Regional Medical Center. Peters stated that at least two of them were airlifted to medical facilities. Two people in the Nissan were injured and transported to the hospital with minor to moderate injuries.

Dog Bites Require Special Legal Handling Says Santa Monica Personal Injury Attorney

For Immediate Release
January 20, 20011 Los Angeles, California—Attorney Michael P. Ehline wants to discuss dog bites and the fact that they require special legal handling. Dog bites occur at an estimated rate of one every 40 seconds. In most states the owner of the animal is held liable for what their pet does, which leads many Santa Monica dog bite victims to believe they can just hire anyone.

This is not the case. Anyone in California who has complete knowledge of the laws that protect the dog bite victims’ rights to compensation. It is important to have an attorney that will look at not only the present injuries from the dog bite attack, but also future surgeries to repair disfigurement caused by the attack.
Dog bite attacks often include severe lacerations and puncture wounds; in some cases the attack is so severe it is fatal to the victim. There is also the psychological damage that is done when a person is attacked that could require therapy to overcome the emotional fear.

These types of attacks occur in children as well as adults; children are often more likely the victim of this kind of attack and sustain serious wounds to the face and head. The legislation that protects the victim that has suffered a canine attack is not fully understood by personal injury attorneys that do not specialize in this type of law.

This means they are not able to fight for the maximum amount of compensation for the permanent disfigurement, scarring, surgeries, therapies and other needs of the canine attack victim.

According to statistics there are an estimated 800,000 dog bites every year, with one in six of these being serious enough to require medical attention. In 2009 there were 368,000 victims with canine bites treated in hospital emergency rooms and is the fifth most common reason for visiting the hospital emergency room.

The statistics show that between 1993 and 2008 there were 9,500 dog bite victims hospitalized and the highest percentage of these patients were below the age of 5 or over the age of 65 years of age.  This problem is compounded when you have people walking their dogs at the beach, such as Venice Beach, or Santa Monica beach areas, or even in Marina del Rey, where dogs are everywhere.
According to the CDC every American has a fifty, fifty chance of being a victim of a canine attack and being bitten.

The Ehline Law Firm has an office in Santa Monica, and understands and believes people on vacation, or just hanging out at the beach, should be informed of the difference between the Santa Monica personal injury lawyer and the dog bite attack attorney with vast experience in annual dog attacks. Attorney Michael P. Ehline, has earned the respect of his peers and is a former active duty Marine, who carries these ethics into his legal representation of victims.

If you need to speak to a serious injury lawyer in Santa Monica for dog lacerations, bite injuries, eye injuries, disfigurement and blindness, contact us at 201 Wilshire Blvd., Second Floor, Santa Monica, CA 90401. 310.376.8488.

Two Toyotas Crash—One Person Injured

February 7, 2011 -According to news reports two Toyotas collided Monday Morning injuring one person.

According to authorities it occurred on Jamboree Road in Irvine not far from Pacific Coast highway and the Newport beach area overall, in the general vicinity of the Walnut Avenue overpass at approximately 6:43 a.m. with Orange County Firefighters responding to the scene.

The motor vehicle collision in question involved a silver Toyota Camry and a green Toyota Tacoma truck. They reportedly struck the center divider during the collision injuring one person that was transported to the hospital. The injuries sustained were not released at this time. All in all, this crash underscores just how careful we have to be while driving on the roads and streets of the Golden State of California and especially SoCal.

Divorce and Generation X

Last night I sat in my friend’s living room here in Milwaukee and listened to her rail against joint custody arrangements. Although she has no children, she has strong opinions and health concerns about shuttling kids between households. She said she’s always thought it must be terrible for kids to be dragged back and forth, with no one, permanent home.
I thought about an article I saw last month in the Saturday Essay column of the Wall Street Journal, posted July 9, 2011, under the title, “The Divorce Generation,” by Susan Gregory Thomas.
Thomas says that each generation has its defining moment, and for Generation X-ers, it’s “When did your parents get divorced?”
Thomas wrote an exceedingly eloquent memoir called, “In Spite of Everything.
I can really relate to her description of growing up as a latch-key kid. I read and re-read her poetic passages about her suburb being littered with, “sad-eyed, bruised nomads, who wandered (around between the two)….”
My childhood as a baby-boomer was similar, in that I was a neglected latchkey kid in the drug-ridden, Vietnam nightmare quagmire-haunted, generation. I was lucky that my parents stayed together, and that stability made all the difference in my health and overall care.
Thomas says now, according to U.S. Census data published last May, almost eight percent of couples who married since 1990 have reached their 10-year anniversaries, and they are marrying later in life—if at all; the average marrying age in 1950 was 23 for men and 20 for women; in 2009, it was 28 for men and 26 for women. Here in Milwaukee this has really been a huge issue overall and will probably continue to be as well on the whole. Make sure to get health insurance if not though.

The Runaway Student Loan Debt-Economic Recovery Threatened by This

When the federal student loan program was first introduced years back (1965), it was considered by all to be a really good idea. You would have had the option to borrow so as to complete your college and then pay back the money after you get a job. But, today the scenario has changed a lot and this has happened mainly because, most of the borrowers are held back by the immense amount of debt that has built up due to the lack of various other complex financial situations. Majority of the people are so deep into debt that sometimes getting assistance seems to be not enough for handling the debt complexities. The student loan debt and economic recovery; The student loan debt in America has reached to such limits that it is said to have surpassed even the amount of credit card debt and also the auto-loan amounts. The little signs of recovery that were seen is said to have been jeopardized by the immense amount of student loan debt that have piled up over all other kinds of debts.

The job market is still not stable and so most of the students who have passed out has still not been able to get any proper jobs. As a result, it has become increasingly problematic for them to make the payments on the student loans along with the other debt payments and in addition the other expenditures too.

Moreover, now the situation continuously is becoming more and more worse. This is because, with time and with no job in hand, most of the students are returning to school. Thereby, this again is resulting in higher indebtedness for almost all of them. According to the recent reports, the student loan debt on an average has topped over $25,000. This is said to have upped the percentage by quite a considerable amount in the last ten years. It has increased by 25% in the recent years. This constantly growing student debt is said to have a direct impact with regards to the taxpayers.

This is because, almost all of the student loan debts in the ratio of 8:10 are government guaranteed. The President has proposed various techniques and plans which are mainly aimed so as to fine-tune the whole loan system and the payments – so as to make it easier. However, there seems to be no immediate relief from the circumstances of the former students who have failed to pay off the students loans and are burdened with other debts too. The GOP presidential candidates too have given no such importance to this issue and rather are said to have dismissed the whole of this issue.

Some have also labeled the now president as “a snob” urging all of the people to get more and more of the higher studies which can help them get better jobs and thus higher salary. This again is supposed to help them do away with the problem of the debt load resulting from educational loans. The growing student debt has mainly resulted from the escalating cost of school fees too. but, according to Newt Gingrich the student loans is more of a type of tax. According to a research by the Federal Government, it has been found that most of the people who are 60 years and even older still now owe around $36 billion under the banner of the student loans.

Is Night Club Responsible For Patron’s Foot Injury?

I recently overheard a discussion about a young man who injured his foot under a fairly unusual set of circumstances. He suffered a broken foot, it being just below the ankle on the outside of the foot, however it was the way in which he broke the ankle that was the focus of the conversation. Specifically, some interesting questions about who is liable and/or responsible for picking up the tab for the young man’s medical expenses, which included a visit to the emergency room, to office visits with an orthopedist with at least one more scheduled, x-rays, a cast, crutches and an Aquashield water-proof cast protecter (a device used to keep casts from getting wet while showering and/or from rain).

The young man was enjoying some adult beverages with his friends at a one of the popular establishments in the college town in which he lives (he is a 21 year old senior in college, for what it’s worth). When closing time rolled around, a bar employee hastily ushered everyone out of the high-ceiling second-floor establishment and onto the staircase leading to the exit. This created a crowd of people near the top of the staircase.

One of the more inebriated gentlemen towards the back of the pack stumbled, creating a domino effect of people tumbling down the stairs. The young man who sustained the broken foot was positioned toward the front of the pack when the collision occurred, and sustained the injury during the fall – possibly due in part to the weight of the other people who fell on top of him as his foot was positioned awkwardly due to the fall.

The question that was being debated was whether or not the bar should be held liable for the young man’s medical expenses incurred as a direct result of the injuries he sustained in a fall that occurred under circumstances in which an unsafe number of people were herded onto a staircase by employees of the establishment. Does the fact that employees of the establishment in a sense were responsible for the crowd at the top of the stairs that prompted the fall render them liable for the medical bills for injuries to patrons hurt in the fall?

At first glance, this seems like a fairly easy question. Is Just the night club responsible for the patron’s broken foo injury? After all, there are other factors that could have contributed to the man’s broken foot. For example, was the man getting sufficient amounts of calcium and magnesium through his diet and/or supplements? It has long been established that these three nutrients help to built and maintain strong, healthy bones, and that deficiencies of any and/or any combination of the three renders one more vulnerable to osteoporosis, broken bones and a host of other diseases and conditions, especially in the case of vitamin d3 (the form of the vitamin obtained through sunlight and more recently supplements). It has been shown that when people are low on certain nutrients, the likelihood they’ll be stricken with a whole host of diseases, illnesses and other health maladies skyrockets.

Can it be proven that the injury occurred in the fall? Does it have to be proven outright, or would overwhelming circumstantial evidence be sufficient to win a decision in court?

All-in-all, is the young man responsible for footing the entire bill for the more than one thousand dollars in medical expenses incurred as a result of the fall, or should the establishment at which the injury occurred pay for some or all of the man’s expenses?

I welcome any and all input from those qualified to answer a question such as the one posed here.

Major Real Estate Auction Mistake Creates Legal Dilemma

People make mistakes.
What do you do when a simple error results in the sale of a condo at auction for $21,897 when it was meant to sell for $219,105? That’s exactly the issue the California Supreme Court is struggling with.
Scott Graham wrote about this story in an article titled, “Pondering a $200K Real Estate Mistake,” posted April 4, 2013 for The Recorder on the Law.com website.

Auction Creates Interesting Legal Problem

Graham writes that some things are just too good to be true. Apparently that was the case when David Biancalana found the deal of a lifetime when he saw the three-bedroom, two-bath condominium in Watsonville that sold for $380,000 in 2004. Graham writes that Biancalana checked with the foreclosure service agent, T.D. Service, twice to confirm the price, before bidding and winning the property.
The lender, Greenpoint Mortgage Funding, Graham explains, instructed its foreclosure service agent, T.D. Service, to list its opening credit bid at $219,105. But T.D. unintentionally set the auction figure at the amount of the mortgage delinquency, which was $21,897.
The court now must decide, Graham, for his part contends.

In Related News…

All in all it is a very strange dichotomy indeed: We hear the economy is still weak, and yet big business and in many areas, real estate, seems to be more or less booming. I am sure the low interest rates have a lot to do with that, according to a friend of mine .
Take the case in point, Boston.
Ira Kantor tells the story in his report posted on the bostonhearald.com website under the BizSm@rt Column: “Report: Hub commercial real estate market roaring back,” April 9, 2013.
Kantor declares Boston as officially in growth mode. He cites local real estate services company Jones Lang LaSalle as saying that it has entirely made up for recession losses, its pace of recovery one of the best in the nation. In places like Big Bear this certainly seems to be true.
The first quarter began with strong leasing activity in several sectors, Kantor notes, from financial to life sciences, technology, biomedical and engineering firms. The vacancy rate in Greater Boston dipped below 15 percent for the second quarter in a row, and surged 27 basis points” because of a number of spaces that were known to be coming to the market, including Monitor’s 196,000 square feet at 2 Canal Park in Cambridge and IBM’s building at 5 Technology Park in Westford.”
Here’s a real surprise: Kantor adds that downtown Boston’s vacancy rate dropped to just 9.6 percent. Rents increased in Downtown Boston 0.4 percent this quarter and 2 percent year-over-year.
Kantor’s note of caution is that even though things are looking up, the effects of sequestration, he warns us, remain to be seen “in this market that relies heavily on NIH funding and federal spending in defense,” according to Jones Lang LaSalle.
Sequestration? We almost forgot about you

People Cannot Take their Eyes off Of The iPhone

It was a rainy and windy day and it crazier than ever. Good day to do business here though. We were walking at the Third Street promenade, trying to balance our umbrellas and cell-phones and stumbling upon other pedestrians. My friend was really frustrated that her new touch-sensitive phone slowed down her prolific texting abilities. It never occured to her to put down the iphone even under the pouring rain. How else would she stay connected to the world? That moment we saw a woman nearly run over by an SUV when she walked into traffic while looking at her cell phone. Then we noticed a bicyclist riding in the middle of traffic and talking on the iPhone the same time. That really takes almost Olympic strength. Boy that Apple is a great corporate technology giant, I bet they have a great corporate attorney there in LA and Bverly Hills. Actually on second thought they are not based in the city of angels or the city of lights but in silicon valley actually. I mean, what a franchise! Their intellectual property and trademark is worth a small fortune.

Everyone has seen a video on YouTube of a woman who walked into a fountain while texting.Then she appeared on TV crying and looking to find a person responsible for spreading a hilarious clip. She said that a lady from the church texted her to ask when was her birthday. I personally find it hard to believe. More likely, she had just found about her boyfriend’s weekend entertainment activities.

There was also an article in a local newspaper about two moms who crashed their baby-strollers into each other while talking on their phones. We really have to sometimes get out of our virtual world back to reality. Why have we become so hypnotized by these shiny gadgets like the internet phone, softphone and the like.? Don’t get me wrong I love the iPhone as well although they are hard to get a repair done on them, especially if you send it off to corporate business section.

I think it is better to uses an independent Internet phone or softphone service like that one based I think in Miami so you can make international calls from mobile or for that matter international calls from cell phone because they can repair it in a hurry, and the scratched 3g screen, water damage, dropped iPhone and of course most other repair issues. Their main advantage is in the overall speed of the repair.

Scientists tell us that we are wired since the time of Neanderthals to pay attention to novelty. Everyone is eager to evolve, nobody wants to be left behind. That’s why we buy a new phone before we can learn all the options on our old gadget. Elisabeth Kohen, Harvard university professor, says that the same thing happened with cassette players and radio. History shows us that keeping up with the constantly changing technology has always been our major addiction and it’s safe to assume that it will always be this way.