Lawyer Up Live

Too Much Speed for NASCAR

Eric Juray — Tue, 15 Nov 2011 17:45:02 GMT

Facts: Jeremy Mayfield was an accomplished NASCAR driver until a random drug test administered by the organization showed that Mr. Mayfield was using methamphetamine. After NASCAR suspended Mr. Mayfield, he challenged the validity of the original test in court and actually had the judge reinstate him. NASCAR appealed the ruling and asked Mr. Mayfield to take a second drug test. This test once again showed that Mr. Mayfield was using methamphetamine. The appellate court obviously reinstated the original suspension.

Unfortunately, it seems that Mr. Mayfield has still not been able to abandon the drug use. Last week, Mr. Mayfield was arrested with 1.5 grams of methamphetamine at his home. The police also found approximately $100,000 worth of local merchandise, which is being investigated as possibly stolen. The police also uncovered approximately forty guns at his home; again, the police are ensuring the guns are properly registered before charging him. As of right now, the only charges Mr. Mayfield faces are for possession of 1.5 grams of methamphetamine.

Legal: In North Carolina, possessing methamphetamine is a Schedule II felony. A first offense may be charged as a misdemeanor punishable by 45 days in jail. Depending on the quantity of methamphetamine and the number of prior convictions, it may also be charged as a felony, punishable by up to 4-5 months in jail.

Analysis: Because of the increasing concern for those that use methamphetamine, North Carolina’s Crime Commission has had to create a specific fact sheet to help combat the problem. Methamphetamine is a very serious drug that must be avoided at all costs. Methamphetamine is a psychologically addictive drug. Users feel incredible highs that they struggle to repeat; so, they continue to use in larger doses until they are fully addicted to the drug. The chase for the “high” makes users very paranoid, aggressive, and dangerous.

In Mr. Mayfield’s case, he had a very high paying job driving in NASCAR races. This is a dream job for Mr. Mayfield, but he let drugs consume his life. Consider the irrational behavior that Mr. Mayfield exhibited while in NASCAR. He failed a drug test and turned to the court system to help get his job back. After he was actually reinstated, he continued to use methamphetamine and was caught a second time. He knew that he was very close to having his job back but could not resist the temptation of drugs.

This case clearly illustrates the struggle that drug users have in breaking the cycle of addiction. No matter how much money, fame, and glory Mr. Mayfield had in NASCAR, he could not resist the need to use. To make matters worse, he is now caught up in the legal system, and NASCAR’s governing body is no longer his biggest problem. Now, there are allegations that stolen goods were at his place of residence. If he allowed drugs to take him down that dangerous path, he will be in prison for a long time. It is unfortunate that a young driver has fallen so far because of an inability to stop using drugs. Many drugs are extremely addictive, and they will ruin your body, mind, social life, and employment. Using drugs a single time is dangerous and stupid.

If you are unfortunately already using drugs, do yourself a favor and seek help. Quit using as soon as possible. If you continue to use, it is likely that you will be in the legal system and prison, sooner rather than later . . . and that may be the least of your concerns.

Cooking Up a Bad Plan

Eric Juray — Thu, 03 Nov 2011 17:12:47 GMT

Facts: Chris Cook, a second-year defensive player for the NFL's Minnesota Vikings, was recently arrested on charges of felony domestic assault by strangulation. Mr. Cook allegedly went into an uncontrollable rage when he found his girlfriend of ten months speaking with her ex-boyfriend.

Mr. Cook first threw her onto a bed and strangled her with an open hand. She was able to free herself for a moment by pulling his dreadlocks, but he soon began to attack her again. This time, he struck her with an open hand and sent her stumbling into a wall. He then strangled her a second time.

Eventually, the matter seems to have calmed down and a call was made to the police. When police arrived, they noted that Cook’s girlfriend had a bloody nose, marks on her neck, and hemorrhaging in her eye, which usually indicates strangulation. This is not the first time that Mr. Cook’s rage has led to him making poor decisions. Earlier this year, he was charged with brandishing a gun at a neighbor in Virginia. Though he was not found guilty, the Vikings sat down with Mr. Cook to discuss the disturbing behavior and let him know that he needed to clean up his conduct. He did not listen.

Because of his actions, Mr. Cook missed an important game against the Green Bay Packers, the defending Super Bowl Champions. While the game was being played, he was sitting in county jail just a few blocks away from the stadium. His problems are going to be reviewed by the NFL soon and a suspension is likely.

Law: In 2005, Minnesota became one of only six states to enact legislation making domestic abuse by strangulation a felony. The crime is punishable by up to three years imprisonment and/or a fine of $5,000.

Analysis: Mr. Cook’s story is not unique for young American males. Tempers sometimes flare; I've had to control my own at times, but we all have to learn to deal with our issues in more productive ways. First, it is important to recognize that you may have a problem with your anger. The signs can be as simple as losing your temper over small issues and can be as serious as involvement with gangs. For a more detailed list, please visit: http://www.familyfirstaid.org/teen-anger.html

The above website also provides families with important advice to help others who might be dealing with rage. These are important for you personally. There is no shame in admitting that you struggle with anger and rage. The shame comes from hiding from it and letting it control you. There are a number of important resources available to you in your community. At school, you can speak with a teacher, nurse, counselor, or administrator. If you are not comfortable with any of those options, you may be able to find help at your church, local sports organization, or any health facility where you have a support network. The important step is to combat the anger and rage before it gets out of hand.

As for Mr. Cook, he has foolishly allowed his anger to become a major part of his life. He had a chance to change his ways when he was found not guilty of brandishing a gun. Instead of seeking outside help in dealing with his anger, he chose to face his problem alone. His personal efforts, however, have not worked out. Fortunately, it does not appear that his girlfriend sustained any serious, life-threatening injuries as a result of the attack.

A felony conviction makes it very hard to find a job. Mr. Cook is lucky that he is involved in one of the more forgiving professions, but very few professions want to be associated with someone who batters women. His future with the club is now uncertain. He missed the team’s biggest game of the season because he was locked up for the weekend. His teammates cannot honestly rely on him right now and some teammates have probably lost all respect for him as a person.

This type of reputation will be with him forever, all because he refused to seek help for a problem he knew he had. Since this is a free country, his ex-girlfriend has the right to speak with her previous boyfriends. For her trouble, she was almost strangled to death. Once again, if you find yourself struggling with anger, please seek help before it gets this bad. Do it for your sake and for the sake of your loved ones.

The Roses Wilt for Former Melrose Star

Eric Juray — Mon, 17 Oct 2011 19:53:39 GMT

Facts: Former Melrose Place actress Amy Locane is fighting for her freedom as she is currently on trial for a fatal automobile accident that took place in June 2010. According to witnesses, Ms. Locane was at a theater party drinking wine and taking the anti-depressant Zoloft. She then made the tragic decision to get behind the wheel of her car.

Ms. Locane apparently rear-ended a car while driving under the influence. The driver of that car attempted to take Ms. Locane’s keys away, but Ms. Locane sped off through a residential neighborhood. The driver of the car chased Ms. Locane, but she was never able to stop her. Ms. Locane’s vehicle struck a number of objects alongside the road before finally colliding with a second car. Unfortunately, this accident killed a passenger and critically injured the driver of the other car.

Ms. Locane left her automobile and was later found laughing and rambling in a ditch near the accident. She had little recollection of the accident and was unaware of the fatally injured passenger until much later on. She has been charged with aggravated manslaughter and assault by auto.

Legal: In New Jersey, one is guilty of aggravated manslaughter when the death of another is caused by some reckless behavior that shows extreme indifference to human life. Ms. Locane is facing ten to thirty years in jail if convicted.

Assault by auto is typically charged when there are injuries as a result of a DUI accident. It is similarly proven by the driver acting recklessly, which is fairly obvious when the driver is drunk. The penalty can be as high as ten years in jail.

Analysis: This case clearly shows the concerns that I have been trying to explain to you for weeks. Ms. Locane presumably had been mixed up in drinking and prescription drugs for a number of weeks or perhaps much longer. Because she did not seek help, this disastrous set of events was set into motion. On that June evening, she got into one accident, and instead of stopping to accept the responsibility of her actions, she continued to dangerously speed through residential neighborhoods. Someone was killed, and she is now facing up to thirty years in jail for her poor decisions.

Years ago, this would have been charged as involuntary manslaughter, and Ms. Locane would have likely only faced a few years in jail, if that. Since the concern over drinking and driving has become more of an important national issue, the penalties have necessarily increased. Ms. Locane’s lawyer is attempting to defeat the charges and have evidence excluded from trial because he claims she had a head injury immediately after the accident. At this point, that defense is her best chance to avoid jail time. It’s not looking good for her. The prosecution only has to show that she was reckless to prove both charges. Ms. Locane’s breathalyzer test showed that she was intoxicated more than three times over the legal limit. It is hard to argue that this wouldn’t qualify as reckless behavior. Anybody who decides to operate a vehicle while intoxicated is engaging in dangerous and reckless behavior.

This is a tragic story for all parties involved. Lives were lost that June night. Ms. Locane has two young girls who might lose their mother to significant jail time. This is all because Ms. Locane was using alcohol and drugs and then stupidly decided to drive that evening. I’ve previously warned of these dangers, especially the legal consequences of drinking and driving. This is a sad but necessary example, and it is my hope that none of you follow it.

Bad Boy's...Flash Mob 'Kelly'

Eric Juray — Tue, 04 Oct 2011 16:45:03 GMT

Facts: Colson Baker, an up-and-coming rapper who calls himself Machine Gun Kelly, was arrested in August at a mall for disorderly conduct. Mr. Baker had recently signed a record deal with Bad Boy Records, a well-known hip-hop label founded by Sean “P. Diddy” Combs. To celebrate the signing, Mr. Baker organized a flash mob with his Twitter followers. For those who don’t know, a flash mob is a group of people who suddenly appear in a public place for some specific purpose (usually nonpolitical). The gathering usually lasts for a very brief time, and then the people leave once the purpose is complete. Mr. Baker apparently polled his many followers and chose the SouthPark Mall in Strongsville, a suburb of Cleveland. Mr. Baker and two other men were standing on tables in the mall food court yelling and celebrating in front of the very large group when the mall security asked them to stop. When they refused, further inciting the flash mob,

Mr. Baker and his associates were arrested. The men were charged with disorderly conduct and released a few hours later.

Law: In Ohio, and many other states, disorderly conduct includes any number of activities. In Ohio, one can be guiltyof disorderly conduct by recklessly causing inconvenience, annoyance or alarm by:

• Fighting, threatening, or engaging in violent or turbulent behavior,

• Making unreasonable noise or communicating abusive language,

• Insulting or taunting another where it is likely to cause a violent response,

• Preventing or hindering movement of others, or

• Creating a physically offensive condition that presents the risk of physical harm

As you can see, the police have a lot of discretion under this statute. It is typically used to control crowds that are out of control, as it allows the police to make an arrest to restore order. Typically, it is charged as a low-level misdemeanor, and in Ohio, disorderly conduct carries a $150 fine.

Analysis: Now, a $150 fine might not be enough to stop some people from being rowdy in public, but keep in mind that picking up various misdemeanors on your record can ultimately harm your chances of getting a job in the future. So be careful.

An even more important discussion here involves the smart use of social media and remaining well behaved in public. In many cities, flash mobs are very popular and can draw very large numbers of people. Many are harmless, but some can get out of hand. Concerns over possible violence caused by flash mobs had led Cleveland’s city council to suggest laws that would have criminalized organizing some types of flash mobs. That particular law, however, was vetoed by Cleveland’s

mayor earlier in the month, before Mr. Baker’s arrest.

Because the law did not pass which would have made it a misdemeanor to simply put one of these flash mobs together, Mr. Baker was well within his rights to organize his fans to celebrate a great moment in his life. Mr. Baker used Twitter specifically to generate a flash mob, as a thank you to his loyal fans. That’s ok. In fact, that’s one reason why Twitter exists. However, he did not remember to use the social network responsibly. His actions went too far in this case, and things could have become dangerous.

Although Mr. Baker was only charged with a low-level misdemeanor for disorderly conduct, generating a flash mob at a mall was irresponsible. Various unsuspecting shoppers could have been caught in the mob. Mobs sometimes become dangerous and begin looting local stores. The better decision would have been to organize in an open public place to celebrate his new record deal. Instead, Mr. Baker chose an enclosed mall that could have been dangerous to the young or elderly.

Further, Mr. Baker made the poor decision to deny authority once the mob started. Being arrested and defying authority are sometimes viewed as trademarks of hip-hop culture, but this does not make it acceptable or a particularly good idea. When he was asked to stop, his refusal got him arrested.

This is a good opportunity for Mr. Baker to learn from his mistakes, as all of you should do in the event that you find yourself in some legal trouble. He made some poor decisions along the way, but fortunately, most of it ended up being harmless fun. While this time it only resulted in a small fine, the next time may spiral further out of control. It’s not always the actions that define the man, it is how one learns from those actions that better define him. As long as

Mr. Baker learns from this situation and better controls himself next time, he will be better off because of it.

The Hard Life

Eric Juray — Fri, 30 Sep 2011 17:31:27 GMT

Facts: Wrestling superstar Matt Hardy has been arrested three times this month in three separate alcohol and drug related incidents. In late August, Mr. Hardy drove his car into a tree. The cops were able to determine that Mr. Hardy had been drinking that night, and he was charged with driving under the influence.

Three weeks later, the police were called to the road because a driver, later determined to be Mr. Hardy, was swerving and almost collided with other cars. The cops then observed him strike a curb before they were able to finally stop his car. He was again charged with driving under the influence. Finally, just this week, Mr. Hardy’s residence was raided by police. The police discovered a number of different painkillers, anabolic steroids, and ecstasy.

Law: In North Carolina, a one year license suspension is imposed for the first time a person is caught driving under the influence, and another violation carries a four year license suspension. If convicted on both counts of driving while intoxicated, Mr. Hardy can face up to two years in prison and up to $4,000 in fines.

The penalty for ecstasy for a first time offender is 4-5 months in jail. For steroids, the maximum jail time is 45 days. The penalty is the same for unauthorized prescription drugs. These penalties can obviously be affected by the number of pills Mr. Hardy was arrested with.

Analysis: I’ve previously discussed how unbelievably dangerous it is to drink and drive. To recap: The National Highway Traffic Safety Administration announced that 33,808 people died in automobile accidents in 2009. Of those deaths, 10,839 were from alcohol-related accidents. I also mentioned how drinking and driving homicides are now being tried as murder in some jurisdictions. The point is: do not drink and drive.

Unfortunately, Mr. Hardy was mixed up in drugs more dangerous than alcohol. Prescription drugs can cause deep addiction. Pain killers affect how people perceive pleasure, and some people become heavily dependent on the pills for happiness. It can quickly spiral out of control. The body and mind will then need more pain killers to achieve a sensation of happiness. Ultimately, the user begins to need pills almost every day and might eventually overdose. In fact, it happens a lot more than you would think. One study found that in 2000, approximately 43% of emergency drug overdose admissions into hospitals were due to prescription drugs. It’s incredibly dangerous to misuse prescription drugs. When taken recreationally, the danger grows dramatically.

As it concerns ecstasy, according to one study, 43% of users become addicted and 60% experience withdrawal symptoms. Ecstasy, or MDMA, can kill the user with one pill. With that in mind, it would be extremely stupid to ever use ecstasy.

The fantastic part of this story is that Mr. Hardy’s girlfriend supposedly called the police to alert them to Mr. Hardy’s drug problems. I do want to note that this report has not been verified to date, but I would like to hope that it is true. As I’ve previously discussed, many users quickly spiral out of control. They end up in automobile accidents, they hit their spouses, they overdose, and they engage in other dangerous and violent activities. Many struggle to break the cycle of addiction because they fear going through withdrawal. It’s understandable because physical addiction is scary and dangerous for users. Typically, the only way to break the addiction is through medical help. In this case, Mr. Hardy has already checked into a three-month rehabilitation program. The treatment is going to be difficult for Mr. Hardy, as an addiction to alcohol and drugs does not immediately go away.

If Mr. Hardy had not been caught by the cops this week with these drugs, there is no doubt that he would still be using. Fortunately, it sounds like his girlfriend called the police and allowed them to take the drugs away from Mr. Hardy. Thankfully, this month-long series of drug-induced behavior has come to an end. He almost injured drivers one day and was destroying his own body everyday. Now he will spend 90 days learning how to live without alcohol and drugs.

Hopefully, Mr. Hardy will be able to kick the habits for the rest of his life. The odds are not on his side at this point. That’s the risk he took when he first chose to drink and use drugs. The only thing you can do to avoid this nightmare of addiction is to never start using.

Manny Takes a Violent Swing

Eric Juray — Wed, 21 Sep 2011 17:47:57 GMT

Facts: Former major league slugger Manny Ramirez has again run afoul of the law. His professional baseball career was in trouble due to a steroid-related 50 game suspension in 2009. In 2010, he tried to get his career back on track, but another alleged positive test for steroids (along with a 100 game suspension) led to his quick retirement.

Now two years after baseball, Manny is in much more serious trouble. Manny was arrested on Monday, September 12, 2011 for allegedly battering his wife, Juliana. She claims that he struck her with an open hand, causing swelling on the left side of her face and leaving a contusion on the back of her head. After the incident, Juliana immediately reported the domestic abuse to Florida authorities. Manny was arrested soon after and has been ordered to have no contact with her.

Law: Florida Statute 741.28 defines domestic violence as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.” Simply put, to prove Manny is guilty of domestic violence, the State of Florida must show that: (1) he assaulted or battered her (typically defined as an unwanted touching or hitting), (2) it caused injury, and (3) they were living together. Manny has said that she hit her own head, but that’s something for the court to decide, not us. As with most cases, the proof of the touching, or a showing of any injury at all, is good enough to show someone is guilty of the crime alleged. It’s even more difficult to beat charges when the allegation is that a man hit a woman.

Analysis: The truly remarkable part about this case is that Juliana was smart enough to report the incident to the appropriate authorities as soon as it happened. Manny Ramirez is a former athlete with a history of steroid use. The side effects of steroids are well-documented and usually include aggressive and abusive behavior. It would have been easy for Juliana to accept the abuse and hope it never happened again. Fortunately for Juliana, she made the right decision to report the incident. Although it happens every day, domestic violence is considered one of the most underreported crimes. Statistics show that 30% of Americans say they know a girlfriend or wife who has been abused in the previous year. That is a truly large and depressing number.

Unfortunately, the first battery or assault rarely ends up being the last incident of abuse. When the violence isn’t reported, it usually keeps happening until it is dealt with appropriately. The best intervention is with a doctor or psychologist after you remove yourself from the dangerous situation. The abuser likely has had other trouble with the law or is showing signs of uncontrollable behavior. The best thing you can do for your relationship is to report the danger signs to appropriate authorities immediately before the situation turns violent.

To really highlight this point, it is alleged that when Juliana made the call to the police, they asked if she was still in danger. She told the police that Manny had stopped and had calmed down to the point where she could make the call. I don’t mean to suggest that telling the abuser you have called the cops will end the abuse. However, this shows that by taking the right steps, you are in a better position to resolve the issue as soon as possible to avoid harm. You should not allow the situation to continue.

In Juliana’s case, she may have waited too long and unfortunately ended up injured. Thankfully, her physical injuries appear manageable, but the psychological effects of this type of abuse can last a lifetime. By contacting the police, the courts have now ordered Manny to stay away from his wife. This is in the best interests of both parties until this situation resolves itself. Hopefully, Manny will try to seek professional help to deal with his problems. He cheated the game he loved, and his marriage is now in trouble. If he truly wants to straighten his life out, he needs to start by changing his dangerous behavior.

If you suspect that your loved one is on the verge of abuse or has abused you, please visit the following website to find local help: http://family.findlaw.com/domestic-violence/state-domestic-violence-forms.html. It may save your life.

Finally, if you believe you are at risk for abusing somebody you love, take matters into your own hands. Having an abusive personality does not make you a bad person, but it means that you may need outside help to manage your anger. Without someone else stepping in, you will likely be unable to control your anger, and this could cause you to hit another person or a loved one. If this sounds like something you may struggle with, or have struggled with in the past, I urge you to visit the link above and find a local counselor to speak with before you ruin your life by assaulting and seriously injuring a loved one.

Embry Call Needs to Phone a Lawyer

Eric Juray — Tue, 30 Aug 2011 15:32:03 GMT

Facts: Kiowa Gordon, who played werewolf Embry Call in the popular Twilight movie franchise, has run into a string of bad luck with the law. In 2010, Mr. Gordon was stopped in Mesa, Arizona for possession and use of drug paraphernalia and giving liquor to a minor/underage consumption. He apparently pled guilty but failed to appear at a required court hearing (possibly to formally enter the plea, or a similar procedure). Due to his failure to appear, a warrant was issued for his arrest and additional charges were filed.

On August 8, 2011, Mr. Gordon was a passenger in a car driven by a friend in Arizona. The two men were apparently headed to California to audition for a role in a new movie. Unfortunately, the vehicle was stopped as part of some “routine vehicle inspection.” The officers checked identification and discovered that Mr. Gordon had outstanding warrants in Arizona. He was arrested and given a new court date.

Law: The original drug charges in Arizona were very minor - at least when considering the maximum penalties. For possession of drug paraphernalia, it can be charged as a class 6 felony (which does not carry jail time) or a misdemeanor (which carries very light jail time). For first time drug offenses, jail time is extremely unlikely; prosecutors and judges typically first place the offender into a rehabilitation program.

The penalties for underage consumption and/or giving liquor to a minor vary depending on the charge. I was able to find that since this older incident happened in an automobile, Mr. Gordon could have been charged with a DUI because of his age, and the penalties are harsh because of the dangers of drinking and driving. Apparently, if convicted, there could be a mandatory license suspension for two years.

The more recent charge - failure to appear - would be treated as a misdemeanor because he failed to appear for a previous misdemeanor. The penalties for this charge include a maximum fine of $2,500 and a maximum jail sentence of 6 months. It is important to remember that having charges like these added to the original charges will only upset the judge and likely lead to harsher penalties for the original crimes.

Analysis: The consequences of your actions will not disappear simply because you choose to ignore them. If you are mature enough to commit a crime, you have to be mature enough to deal with the results. By neglecting your legal responsibilities, you create bigger, long-term problems for yourself. These decisions are likely to have a great impact on your social future.

Simply making one poor decision does not define who you are. There may be financial, economic, and social consequences because of your actions – I cannot deny that. However, there can be positives taken from the situation as long as you are the bigger man and do the right thing immediately. The legal system will run its course, and it will decide if you are innocent or guilty. If you are found guilty, you have to pay for the consequences of your actions. This includes paying back all required fines and showing up to all court appearances.

Mr. Gordon’s case is an example of what happens when someone does not cooperate with the system after getting into trouble. It’s possible that he simply forgot to go to court. It’s also possible that he did not think it was a big deal and thought that he could simply skip it. Whatever the reason, he allowed a warrant to be issued for his arrest. It caught up to him at the worst possible time – on his way to a job interview. His particular story has a potentially happy ending: the movie studio allowed him to audition at a later date. For most people, however, this type of second chance is very unlikely. The only way to avoid negative consequences is to take responsibility for your actions immediately and follow along with the process stated by the court.

Harassment is the Name of 'The Game'

Eric Juray — Wed, 24 Aug 2011 14:50:31 GMT

Facts: On Friday, August 12, 2011, rapper Jayceon Terrell Taylor, known popularly as The Game, allegedly used his Twitter account to send out the phone number of the Compton Police to his 580,000 followers. The message urged his followers to call the number as a way to gain a position with him in some type of internship. For about two hours, the Compton Police dispatchers had their phones tied-up with thousands of calls. The high volume of calls caused delays in being able to send responders to real emergencies. It remains unclear if Mr. Taylor himself sent out the tweets, but it is known that it was his verified account that was used. He has since apologized for the actions that took place on his account, saying it was a “joke gone wrong.”

Law: It is too early to say what charges could be brought, but the Los Angeles Times reported that charges could include:

1) annoying or harassing phone calls via electronic device or the Internet whether or not a

conversation happens;

2) delaying or obstructing a peace officer in the performance of their duties; and 3) a person who disrupts or blocks communication over a public safety radio frequency.

(link: http://latimesblogs.latimes.com/lanow/2011/08/the-game-tweet-sender-could-case-

numerous-criminal-charges.html).

In California, all three crimes are misdemeanors. None of the crimes carries a penalty of more than $1,000 or more than a year in county jail.

Analysis: From a purely legal standpoint, it appears that nothing further will come of what happened. The local authorities have accepted Mr. Taylor’s apologies, and they do not seem to want this case to go through the court system.

However, just because criminal charges will not be brought against Mr. Taylor does not mean important lessons can’t be learned. We live in a society that expects us to use technology – both socially and for work. I expect that almost every reader of this website uses at least Facebook, if not other networking sites, such as Twitter and LinkedIn. In school you will probably be told to avoid these websites, but I don’t think that message helps very much. Instead, try learning better ways to communicate responsibly with your peers.

We have entered an age where one single sentence can quickly affect an entire city. Mr. Taylor clearly did not think about the power of a message telling half a million people to call the Compton Police. He has a lot of influence over his readers, and of course, they did as he told them to do. While you may not have 580,000 followers on your Twitter account, your message can still affect somebody. If you say a kind word, you may improve somebody’s day. If you say something nasty about another person, however, it may get you into a lot of trouble.

Mr. Taylor’s case is an excellent example of someone not truly understanding how technology might hurt people. Growing up, I was always told to think before I spoke. The same holds true today, even when you’re not talking to someone face-to-face. It is important to do yourself and everybody around you a favor – think before you type. Remember that everything that you do online will be there forever in some way. You can try to erase the mistakes you make, but you

can’t make people forget about them or delete what they might have saved on their computers. Consider who is reading the message, how they will understand it, and how it will affect them. Don’t think that things done on the internet won’t have consequences in real life.

Sean Avery Can't Leave his Antics on the Ice

Eric Juray — Wed, 17 Aug 2011 13:24:29 GMT

Facts: New York Rangers forward Sean Avery has made a living on the ice by upsetting opponents and occasionally dropping the gloves. Unfortunately for Mr. Avery, he’s been accused of fighting in real life. To make matters worse, he allegedly assaulted a police officer.

On August 5th, at about 1:00 a.m., the police were called to Mr. Avery’s Los Angeles residence on a noise complaint. At some time, Mr. Avery allegedly shoved one officer and slammed the door. Additional officers were called to restore order and arrested Mr. Avery.

Law: I’ve previously covered California battery in more detail, but this case involves the disturbing detail of Mr. Avery assaulting a police officer. In California, battery involves the unwanted touching on another, and it does not require an injury to be proven. As previously mentioned, it is considered a ‘wobbler offense’ – that is, it is classified as a misdemeanor or felony depending mostly on the victim’s injuries. In this case, however, because the assault was allegedly committed on a police officer, it could very well be charged as an aggravated assault. Aggravated assault can be charged in situations if the injury is serious enough.

With no report of injury, the charge is usually labeled as a misdemeanor. In California, the penalties for this crime would include up to a year in jail, up to $2,000 in fines, community service, and rehabilitation programs. (Note: The penalties for a felony conviction include a minimum of 16 months in prison).

Analysis: Mr. Avery hasn’t had too many off-the-ice legal issues to date. He was suspended for six games in 2008 after making inappropriate comments about an ex-girlfriend to reporters. Other than that, he generally gets in trouble only for crossing the line during games. This time, he has gone too far off the ice.

Mr. Avery has at times struggled to remain in the lineup with the Rangers because of his strange antics. His acts aren’t always well received, even by his teammates and coaches. This is another case where Mr. Avery is going to have to prove that he is a responsible, up-standing citizen and teammate in order to earn back their trust. Further, Mr. Avery is also outspoken when it comes to social rights, such as gay marriage. As Larry Brooks of the NY Post has pointed

out, these types of incidents damage his image and credibility. If Mr. Avery wants to be taken seriously and actually aid in social change, it is absolutely necessary that he gets rid of these personal issues.

I personally think the more important story here involves the assault on a police officer. The point worth stressing is that police officers everywhere have incredibly difficult jobs. In 2010, almost 60 police officers were killed by gunfire alone. These men and women dedicate their lives to protecting every single one of us. The ultimate goal of the justice system is to get criminals, weapons, and drugs off of the streets. Even during routine traffic stops, officers have no idea who they are pulling over. The situation could instantly turn violent and dangerous if they meet

the wrong person.

Officers know the dangers and most will try to handle the situation with care and caution. That’s why it is very important that you try to cooperate with them. It’s possible that they will have wrongfully stopped and questioned you, but that does not mean that it is ever a good idea to disrespect or confront them. If this ever happens, you have to be the bigger person and respond productively. In many cases, especially concerning issues like racial profiling, this can be a very hard thing to do, but you have to keep cool. If the police are in the wrong, you can always take it up with the court system. As you may know, if you cannot afford an attorney, one will be appointed to you. In the interest of justice, you will always have your day in court. The street, however, is the wrong place to plead your case and argue with a police officer.

In the long run, being respectful and understanding with the police will go a long way in the courtroom, too. The prosecutor, judge, and testifying officer will be more likely to go easy on you if you tried to cooperate. Mr. Avery not only disrespected the officers, but actually shoved one out of his house. He will be forced to pay for it, economically and socially. When you are faced with the same situation – be respectful and courteous. You will benefit from that type of behavior with the officers and the rest of the legal system.

Nothing Recreational About Coheed & Cambria bassist, Michael Todd’s Drug Use

Eric Juray — Thu, 11 Aug 2011 13:55:09 GMT

Facts: Coheed and Cambria bassist Michael Todd was arrested on July 10, 2011 in Massachusetts on suspicion of armed robbery and possession of a controlled substance. Mr. Todd apparently entered a pharmacy and approached the counter. He claimed to have a bomb and demanded that he be given the prescription drug Oxycontin.

Oxycontin is prescribed by doctors as a fever-reducing and pain relief drug. It is a popular street drug because it is similar to heroin in its effects. Like heroin, Oxycontin is extremely dangerous in the wrong hands because of its addictive nature. In fact, when wrongfully used, it becomes far more addictive, because there is no physician to monitor proper use. Oxycontin affects the body and brain and how it understands pleasure. Because of this, the body can become physically and mentally addicted.

Due to the extreme nature of his behavior, Mr. Todd likely has been addicted to Oxycontin for a long time. The addiction became so strong that he apparently entered a pharmacy in broad daylight, announced that he had a bomb, and demanded narcotics. His band is extremely popular and had a concert scheduled for the same evening. The band had to find a replacement bassist for the show, and they have since been looking for a permanent replacement for Mr. Todd.

Law: The charges filed against Mr. Todd are extremely serious and carry significant jail time. In Massachusetts, armed robbery carries a minimum of five years in jail for a first conviction. Even though Mr. Todd did not actually have a bomb, the mere fact that he threatened the pharmacy with a bomb is enough to classify the robbery as an armed robbery. Further, Mr. Todd was also charged with possession of a controlled substance, which basically means having a drug without a prescription. There are different penalties for possession, but typically, first offenses lead to light jail time, fines, and alternative programs aimed at stopping drug use.

Analysis: This is a cautionary tale for a number of reasons. To start, this is not necessarily unusual for somebody who is dependant on addictive drugs. As I’ve mentioned, Oxycontin is incredibly addictive for all but particularly for those who wrongfully purchase and use it. As the addiction grows stronger, the lengths to which an addict will go to obtain the drug will greatly increase. Here, you have a successful musician who went to a pharmacy in the middle of the day and lied about having a bomb to get prescription drugs. This is the behavior of a very sick individual who desperately needed medical help to overcome this addiction. Unfortunately, the addiction became too strong, and Mr. Todd resorted to these actions just for more pills.

Further, and this is a topic I’ve previously touched on, you are seeing the clear effects of an arrest on Mr. Todd’s employment. Many children dream of one day being a musician, and Mr. Todd was touring the globe with a successful rock band. He is now unemployed and has made it difficult for any band to even consider hiring him. In addition to the jail time he likely faces, he has also shown that he cannot be trusted. Every band member relies on the man next to him to do his part every night. If the guy next to you is too concerned with getting drugs and lets it affect his work, then you simply have to replace him. A band may be more forgiving of certain types of drug abuse, but most jobs you work at will simply not accept this type of behavior.

The only way to avoid addiction is to avoid drugs. Unfortunately, it’s not a message that is particularly well received. One study estimated that in 2006, 8.3% of people over the age of 12 had improperly taken Oxycontin in the previous month. If you or someone you know is experimenting with Oxycontin, it is very important that you take immediate steps to fight the addiction. If the Oxycontin use increases, the user may require medical intervention to successfully and safely stop using because of potential withdrawal. Withdrawal symptoms may be severe and can include anxiety, nausea, insomnia, muscle pain, fevers, and other flu like symptoms. (source: http://www.cesar.umd.edu/cesar/drugs/oxycodone.asp)

The following two links include a number of trustworthy solutions to addiction, including how and where to find the nearest treatment centers. As this troubling story has shown, even successful musicians with all the money in the world can give in to dangerous addictions. If you or someone you know needs help, make every arrangement to work on it immediately to avoid a fate similar to Mr. Todd.

http://www.michaelshouse.com/oxycontin-rehab/oxycontin-statistics-rehab/

http://www.opiates.com/oxycontin/get-off-oxycontin.html

Hines Ward Facing Time in a Different Type of Steel City

Eric Juray — Tue, 02 Aug 2011 17:14:30 GMT

Facts: Pittsburgh Steelers Pro-Bowl wide receiver Hines Ward was arrested on Saturday, July 9, 2011 at approximate 3:30 in the morning on suspicion of driving under the influence of alcohol. According to police, Mr. Ward was unable to maintain his lane and once actually struck the curb. Eventually, the police pulled over Mr. Ward and noticed he had glazed eyes and a flush face. In addition to the smell of alcohol coming from his car, Mr. Ward failed numerous field sobriety tests. He apparently was unable to stand up straight without swaying, lost his balance while walking a straight line, failed to adequately perform a one-legged stand, and struggled with the alphabet.

Eventually he submitted to a breathalyzer test, which showed his blood alcohol content to be .128 - well above the .08 limit. Mr. Ward was released on bond later that evening and is awaiting his next appearance in court.

The Law: Mr. Ward was charged with driving under the influence of alcohol. In every state it is a misdemeanor, but the consequences vary. Mr. Ward was arrested in Georgia, where the maximum jail time for a first offense is one year and the maximum fine is $1,000. Few offenders receive the maximum punishments without a prior criminal record or seriously troubling circumstances stemming from the arrest. Subsequent offenses typically carry greater punishments.

Analysis: Last week I spoke about the consequences of an arrest on employment opportunities. That point still rings true here, but I would like to advise the readers on the dangers of drinking and driving. There are few acts more foolish than deciding to operate any type of motor vehicle while impaired by alcohol or drugs. As I’ve shown above, the punishments for this serious crime are not much of a deterrent; sure, a fine and higher insurance rates are painful, but the real life consequences of DUIs are even more dangerous.

There are two very serious consequences that can occur when driving under the influence: death and a long time in prison. The National Highway Traffic Safety Administration announced that 33,808 people died in automobile accidents in 2009. Of those deaths, 10,839 were from alcohol-related accidents. That means that almost 1 in every 3 automobile deaths is attributed to driving while intoxicated. Among other things, alcohol slows down reaction time and clouds judgment. This is a dangerous combination when one operates a multi-ton automobile. It is reckless and downright stupid to even consider getting behind the wheel if you have been drinking.

The second consequence is prison time - and a lot of it. For years, the punishment, even for accidents that resulted in fatalities, was minimal. However, in recent years, states have really pushed back against drunk drivers. Now, even without existing laws that allow it, prosecutors are charging DUI related deaths as murder. In New York, it took the death of a seven-year-old girl to finally convince the prosecutor that the perpetrator had to be tried for murder. It was an unexpected charge from the prosecutors, but it is becoming an increasingly popular prosecutorial move. You are officially on notice. If you decide to drink and drive, you are risking your life, your freedom, and the lives of many others.

NFL Back On. But Suddenly, Cedric Benson Has Nowhere to Run.

Eric Juray — Mon, 25 Jul 2011 16:57:11 GMT

Facts: Cincinnati Bengals running back Cedric Benson was arrested around 5 a.m. on Sunday, July 17, 2011 in Austin, Texas. Benson allegedly walked up to his former roommate on the street, asked to speak with him about past issues, and then began punching him in the face. The victim allegedly was left bleeding from the mouth with serious swelling and may have lost teeth in the incident.

Benson has previously been arrested for driving while intoxicated and, believe it or not, boating while intoxicated. While this is purely speculation on my part, altercations that happen at 5 a.m. on the street are likely the result of alcohol consumption.

Legal: Benson has been charged with a Class A misdemeanor assault. The state of Texas will have to prove that Benson “intentionally, knowingly, or recklessly caused bodily injury to someone else.” (Be careful: there are other ways to commit assault, sometimes by simply threatening bodily harm!) This is a fairly easy case for the prosecutor to prove, since it happened in public in the presence of others and the victim was left bloody and swollen. Benson faces up to 1 year in jail and a fine of up to $4,000.

Analysis: Though very few of us will ever be professional athletes, there is still an important lesson or two to be taken away from Mr. Benson’s night on the town. In every news story that I read on Benson, the discussion always turned to what this new arrest would mean for his next NFL contract. Benson is a free agent, and if the NFL does have a season in 2011, Benson will be marketing his services in search of a new contract. Benson saw a resurgence in the 2009 and 2010 seasons and was a lock to sign a new contract once the 2011 season was back on. Now, some aren’t so sure.

If you are not a millionaire professional athlete, you may be wondering how Benson’s legal troubles might apply to you. The truth is - no matter what profession you one day enter or hope to enter, past legal troubles will always interfere. You will have to pass background checks and remain drama-free while you are employed. No employer wants to be associated with someone who is drinking and fighting on the streets at 5 a.m. Such incidents reflect poorly on the employer and show a genuine lack of mature decision-making by the employee.

To be fair, no one is perfect. It’s not always easy to avoid trouble in life. While one mistake along the way may end your employment or educational prospects, there is value in learning from past mistakes and ensuring that you do not repeat them. Benson, however, is showing no signs of growing up and learning from his transgressions. He was fortunate that his employer was able to overlook his first two arrests and give him a third chance. He made the most of it by rediscovering his passion for football. Now, after his third arrest, the league may refuse to give him a fourth

chance.

Very few of us are able to have three chances to do what we love. Do not follow in Benson’s footsteps and continue to make the same mistakes. If you find yourself on the wrong end of the law - even once - make sure that it ends there. The best advice is to avoid bad situations when possible and save yourself the nightmare of even one arrest.

From The Real World to Real Life Consequences

Eric Juray — Mon, 18 Jul 2011 19:09:52 GMT

Facts: David Edward “Puck” Rainey, a former cast member of MTV’s The Real World, was arrested on June 19, 2011 for domestic violence. Since his appearance on the show in 1994, Rainey has had numerous run-ins with the law. In 2003, he was arrested on suspicion of domestic violence, but charges were never filed. Rainey was arrested twice in 2009, pleading no contest to both felony possession of ammunition and battery on his girlfriend. He received three years probation for the ammunition plea and served one year in Los Angeles County Jail for the battery plea. In 2010, Rainey was arrested on suspicion of drunken driving in California after rolling his car down an embankment. Rainey and his then eight-year-old son were both seriously injured in the accident.

Law: Rainey was arrested on suspicion of felony corporal injury on a spouse or cohabitant. In California, Rainey would be facing up to four years in state prison and a fine of up to $6,000. West's Ann. Cal. Penal Code § 273.5. However, in California, battery is known as a “wobbler” crime, meaning it can be charged as either a misdemeanor or a felony. Mr. Rainey’s case was presented to the local prosecutor as a misdemeanor spousal battery. As a misdemeanor, Mr. Rainey is facing up to 1 year in jail and a maximum fine of $2,500.

In any domestic violence case, California is going to have to prove three basic elements: 1) an unwanted touching, typically with some type of violence or force (proof of an actual injury is not needed), 2) an intent to use the violence or force, and 3) a showing that the parties were intimate partners (married, divorced, cohabitants, etc.)

As previously mentioned, domestic violence can be charged as a misdemeanor or a felony. A prosecutor is more likely to charge the defendant with a felony if the victim shows signs of serious injury after the incident.

Analysis: Rainey’s recent history of domestic violence and other trouble with the law will obviously affect him here. In 2009, he served a year after pleading no contest to domestic violence. It appears that the prosecutor is only going to pursue this case as a misdemeanor, which only carries a one year maximum sentence.

Rainey’s legal troubles, however, are far from over. He is still on probation from the 2009 ammunition charges, and he may have to answer for violating the terms of his probation. He will likely face maximum fines for these charges, also. Domestic violence is a serious crime and not difficult to prove since there is no requirement that the victim actually be injured. The crime can simply be based on an allegation of an injury, which may turn into a “he-said, she-said” battle. Given his history of domestic violence, the court is unlikely to be sympathetic to Mr. Rainey.

Advice: The Bureau of Justice statistics once estimated that 92% of domestic violence victims are female. (link: http://family.findlaw.com/domestic-violence/domestic-violence-background.html) It is also possible, however, for a male to be the victim of domestic violence. If you are ever a victim of domestic violence, regardless of sex, please seek immediate help from the appropriate authorities.

Abuser: Those who are aware of their own violent inclinations should seek help immediately. Rainey is not a unique case in that he has continued to abuse his partners. While it is hard to accurately gauge how many abusers continue to cause harm (primarily because victims often do not report the violence), available statistics indicate a high likelihood of repeat abuse. Rainey has been accused of domestic violence three times now, and his behavior seems to be growing more erratic. This is a dangerous cycle that should have been addressed long ago by a doctor or psychologist. If you find yourself on a similarly dangerous path, please seek help as soon as possible.

Victim: It is important to remember that help is available and that you are not alone. While statistics vary, approximately 1 in 4 women will experience domestic violence in their lifetime. (link: http://www.dvrc-or.org/domestic/violence/resources/C61/)

As you’ve seen above, without meaningful intervention, the cycle of violence may continue. If you are ever the victim of domestic violence, please report it as soon as possible for the protection of everyone involved. If you are in California, you can find helpful links here:

http://family.findlaw.com/domestic-violence/state-domestic-violence-info.html#CA.

To find helpful information in other states, please visit here:

http://family.findlaw.com/domestic-violence/state-domestic-violence-forms.html.

Unfortunately, domestic violence is a very dangerous and very real experience for many women and men. The legal consequences are serious and will affect all parties involved for a long time. If you think you are at risk, please seek immediate assistance and remove yourself from the dangerous situation before it turns violent.

To Tweet or not to Tweet?

Gillian Weeks — Mon, 24 Jan 2011 19:16:00 GMT

That's a good question for Courtney “Love,” who is being faced with a defamation suit over some strong Twitter comments.

Courtney Love used to have a business affiliation with fashion designer Dawn Simorangkir. Lately, however, Love hasn't been so loving with the "Boudoir Queen," as far as anyone can tell by her Twitter posts. Apparently, Courtney and Dawn had some kind of a misunderstanding about the terms of their contract, and their relationship has gone beyond South since. In fact, Courtney posted some pretty nasty stuff on Twitter about Dawn. Among her "tweets," Miss Love made threatening remarks towards Dawn and even stated that Dawn used to be a prostitute. Some of the other accusations were that Dawn is a racist, a homophobe, and an unskilled designer. Here is the complaint, filed in Los Angeles Superior Court on March 26, 2009, which includes invasion of privacy, intentional infliction of emotional distress, breach of contract, and yes- libel.

The question in this case is how much of this can be considered truly "factual" tweeting, as "defamation of character" suits must involve someone making up untrue things about someone else with the intent to destroy them in some way, especially financially. If Courtney was simply tweeting her opinion based on the history of service she had received or personal experiences with the designer, then no matter how vile the comment, she would be entitled to say those things publicly. In the case of Gerts v Robert Welch, Inc, the Supreme Court ruled that the states, respectively, are in charge of deciding what constitutes libel, but with a minimal requirement of there being strong malice, and that the defendant acted negligently. Basically, if the intent is anything less, private citizens should not be held liable for disparaging comments made against other citizens. Apparently, California has no criminal statute on libel.

http://en.wikipedia.org/wiki/Gertz_v._Robert_Welch,_Inc.

http://www.firstamendmentcenter.org/analysis.aspx?id=17263

Considering some of the things said by Courtney Love, combined with the fact that these women apparently used to be friends or at least close acquaintances, and also that the venue (Twitter) has a 160 character limit, I feel that much of what was said was just easy emotional venting. The comments may have been vile, disgusting, and very embarrassing for Dawn Simorangkir, but for the most part, it is hard to say whether they were true or just vicious lies, and therefore difficult to prove with malice concerning the accusations. Regarding the threats, infliction of emotional harm, and the breach of contract, however, Dawn probably has a good case against Courtney, and I for one, hope she is awarded adequately. Courtney really didn't need to let her feelings take over so much in this case. She could have talked to a friend, a family member, or even a counselor. It is senseless to dump on someone publicly just because you are not getting along privately. Sometimes it's better to bite one's tongue than to say something that might escalate the situation.

Now, keeping that in mind- if you disagree with my opinion on this case, would you log in to Twitter and tweet-dump on me for it? Probably not. Thank you for that. In closing, I would like to quote Benjamin Franklin:

"The heart of a fool is in his mouth, but the mouth of a wise man is in his heart."

[Disclaimer: Lawyer Up Live recognizes that the subject of this posting primarily dealing with defamation is a matter of Tort and not Criminal Law. We feel that this particular high profile case, which may help define future parameters of acceptable online speech through mediums such as Twitter, is worthy of discussion given the common use of social networking tools within our target audience. Though this article offers a deviation from the primary area of law covered by Lawyer Up Live, it still speaks soundly in favor of our mission to educate the youth and prevent unnecessary entanglements in matters of potential legal consequence which may occur in everyday life. – Editor]

Willie Nelson Arrested for Pot?... Again?

1Louis S — Wed, 08 Dec 2010 20:13:00 GMT

The Facts: At 9:00 AM on the morning of Friday, November 26, 2010, music legend Willie Nelson was arrested for possessing six ounces of marijuana. Traveling from California to Austin, Texas, Nelson’s tour bus was stopped and detained at a Border Patrol checkpoint in Sierra Blanca, Texas. Patrol spokesman Bill Brooks says an officer smelled pot when a door was opened on the Country singer’s bus.

A search uncovered marijuana. Nelson was among three people arrested after patrol contacted the Hudspeth County sheriff. Sheriff Arvin West did not immediately respond to a phone message left at his home Friday, but he did comment to the El Paso Times that Nelson claimed ownership of the marijuana. Nelson was held briefly at the Hudspeth County Jail on a $2,500 bond before being released.

The Law: Drug possession is a serious criminal charge in Texas. If charged under the possession law, it means that the state has accused a person of carrying or having access to a controlled substance. Drug possession includes finding drugs in a person’s pockets or anywhere else on the body. Charges may also be brought under a claim of “constructive possession.” That means the drugs were in a place that you normally control or could easily reach. Such places may include a vehicle, apartment, or the cushions of a couch where you were sitting.

The legal definition of marijuana possession is defined by Texas Health and Safety Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds. Marijuana possession is at least a misdemeanor criminal charge under Texas law. Possession of greater than four ounces carries a penalty of 180 days to two years in jail and a fine up to $10,000. Texas also does not consider marijuana as a legal medical drug. If an individual is arrested while possessing marijuana, then no medical card or doctor's note will stand as a valid defense. Any individual found in possession of marijuana will be charged on a criminal platform.

The Analysis: Unfortunately, what makes this scenario destined for public mockery is the fact that it’s Willie Nelson who got busted. The guy is in his late 70s and has made no secret of his appreciation for pot. In fact, this is not even the first time that Willie’s been arrested for possession. In 2006, he was arrested in Louisiana for possessing 1.5 pounds of marijuana and three ounces of hallucinogenic mushrooms. With a guilty plea, he was put on probation for six months and issued a $1,024 fine in that case.

This latest incident has gained a whole new level of public attention through the use of social networking sites. Indeed, Willie has even thrown his bandana into the fight for the legalization of marijuana by starting his own “party” on Facebook. After his arrest, Nelson responded in an email to a pro-marijuana site and was quoted as saying, "There's the Tea Party. How about the Teapot Party? Our motto: We lean a little to the left... Tax it, regulate it and legalize it." With more than 8,000 “likes” on the Teapot Party fan page, Willie is stirring the pot (forgive the pun) regarding public views on marijuana possession and use.

In American society, marijuana is probably the most accessible and socially tolerated of controlled substances. From old school Cheech and Chong movies to “Pineapple Express,” Americans cheer the misadventures of lovable stoners.” A college student sleeps in peace under the calming gaze of a Bob Marley poster hanging on the wall. Even with such a profound presence in pop culture, it should not be forgotten that a relaxed, comical perception of marijuana does not make it legal.

Willie would even have a hard time with a medical marijuana defense regardless of the fact that the marijuana was grown in the more “pot-friendly” state of California. Despite what Bruce Margolin, director of the L.A. chapter of NORML, considers to be a winning argument, Texas does not recognize the medicinal value of marijuana and will likely not let Willie slip by with an argument that he “forgot” it was on the bus.

Given the somewhat comical nature of the situation surrounding Willie Nelson, it is easy to lose focus on the seriousness of the issue concerning drug possession. Getting caught with marijuana can carry severe consequences and will haunt you on record forever. Many celebrities seem to walk away from such charges unscathed, but for those who do not have an extra couple thousand dollars to post on a bond or the time to spend locked up in jail, that weed induced sense of Buddha consciousness hardly seems worth the trouble.

Yeah... Boy George Really Did Want To Hurt Him

Gillian Weeks — Sat, 27 Nov 2010 17:11:00 GMT

Commonwealth of England v Boy George

Did Boy George (George O’Dowd) have a motive to kidnap and falsely imprison a male escort?

Facts: George O’Dowd, aka Boy George, pop icon and lead singer of 80s hit band “Culture Club”, met a male escort online, on a popular gay social networking site known by the UK as “Gaydar”. The first time Mr O’Dowd met his new friend, a 29 year old male model and escort named Audun Carlsen, he reportedly gave Carlsen oral sex, and also accused him of tampering with his computer. Carlsen claimed that Boy George appeared to be wired on cocaine, during this first meeting.

For the next few weeks, Carlsen was getting harassing and accusatory emails, in regards to naked pictures of Boy George that Carlsen was suspected of stealing. Later, Boy George apologized for sending those Emails, and lured the model back to his apartment once again, on the premise of making up. According to police, though, he said that he only wanted to bring the model back to check his laptop and cell phone to be sure that he hadn’t taken anything from him. When the model got to Boy George’s apartment, there was presumably a period of getting along, after which, Boy George went to the store for something, reportedly milk and cigarettes. When he came back, Boy George had another friend, who was either hiding or not, this is unclear, to help
him chain Carlsen to the bed, so that he could go through his personal effects.

He said “Now you’ll get what you deserve.” And he took a metal chain and beat the man, and even left the room for a moment, to get a box of sadistic sex toys, like leather straps and the like. This threatening, and beating him with a chain kept on until Carlsen broke free from the fixture that the chain was attached to, and escaped, reporting the story to someone outside of the apartment. Boy George’s claim was that the other man was only there for his own protection. The third man’s identity is not known, as of yet. When faced with the issue of the red marks all over Carlsen’s body, Mr. Boy George claimed that Carlsen had HIV, which could have caused those markings. On January 16, 2009, Boy George was found guilty of false imprisonment, and kidnapping, and sentenced to 14 months in jail.

Law: In the UK, Kidnapping is against the law, from a common law standpoint. There are certain Acts of Parliament that can be applied in this case, however. Text is linked.

Criminal Justice and Court Services Act 2000 (c. 43)

Boy George, was arrested in April of 2007 in London, England, and charged with Kidnapping and False Imprisonment. He plead not guilty to both charges. On January 16, 2009, he was found guilty on both charges and sentenced to 14 months in jail. The judge who decided the case said "Whilst I accept that Mr Carlsen's physical injuries were not serious or permanent, in my view there can be no doubt that your premeditated, callous and humiliating hand-cuffing and detention of Mr. Carlsen shocked, degraded and traumatized." Carlsen, he added, had been "deprived of his liberty and his human dignity". The judge also felt that Boy George showed no remorse for his actions.

Boy George also has had an extensive drug abuse history including cocaine and heroin, with arrests dating back to his mid twenties.

Analysis: Boy George has a serious addiction problem, and seems to lack concern for the people around him, as well as his own well being. He is showing himself as being a severe sex addict, not to mention the drug problems, as well. Boy George has always been an oddball, but this case really takes the cake for him. He may never be allowed to come back to the United States again, to do any performances, also, which will surely cause him to lose a great deal of his regular income. If he doesn’t get himself under control, he is sure to end up seriously injuring or killing someone, possibly even himself. His bad decisions and risky lifestyle have definitely caught up with him. I hope that his time in jail will help him to get clean and sober, and make him realize how much his life has gone downhill.

Advice: Say no to drugs. You hear those four words all the time, I am sure- but saying no is so much easier than saying yes. Even if the people you say no to, end up abandoning you somewhere, or they say nasty things about you- who cares? Take the higher ground, and say no. Give a fact about drugs, to reinforce your boundaries. Say no repeatedly. Tell the person that you don’t care to try something new, if it has to do with drugs. Keep saying no, and walk away. Drugs are a surefire way of ruining one’s life, and nobody wants to have their life ruined, I would think.

Also, on the other side of the token, it is never a good idea to become an escort. It is a very risky way to live your life, and you could end up in situations that you might only get out of by sheer luck, like Carlsen did. Just be aware of how your behaviors might affect you later in life, and do as much research as possible before making a decision to do something risky.

There are too many people in this world who seem to be very willing to partake in self destructive behavior. Don’t join their club. Find something positive to do with your life- read a book, go out with some friends, continue your education, learn to cook, or just go for a walk, go work out. There are many healthy ways to be happy, and using drugs or taking part in risky sexual behaviors is definitely not going to get you ahead in this world. Maybe you'd like to someday be the Supreme Court Justice, President, or a Gold Medalist in the Olympics. Have faith in yourself, and your dreams will have a greater chance of coming true.

Paparazzi gets Snapped... Upside the Head

Gillian Weeks — Mon, 04 Oct 2010 14:48:00 GMT

Facts: Adam Lambert was hanging out on Miami Beach on Sept 16, 2010, when a cameraman, 38 year old Victor Eros, decided to snap some pictures of the former American Idol runner up. Lambert, a former American Idol contestant, jumped on the photographer’s back, and tried to grab at Era’s camera, which was reportedly in his backpack. Photographic evidence shows that there was a camera in this cameraman’s left hand, though.

No arrests have been made so far, the police officer said there would be no investigation, but the state attorney’s office is reportedly looking further into the situation, although no formal charges have yet been filed. Please reference the following links, accurate as of 09/21/2010:

Dade County Criminal Case Defendant search:

http://www2.miami-dadeclerk.com/cjis/CaseSearch.aspx

TMZ’s photo of Adam “battering” a photographer:

http://www.tmz.com/2010/09/16/adam-lambert-involved-in-pap-scrap-in-miami-american-idol-
battery-miami-beach-police-department/

Law: In the State of Florida, Adam Lambert would typically be charged with the crime of misdemeanor battery for this type of attack. However, it is also true that in Florida, if a victim is without physical signs of being battered, e.g. bruises, scratches, etc, the state may decide not to proceed with filing formal charges, on the basis of good faith, essentially that the person meant no harm, or more likely, that a momentary loss of impulse control is no reason to imprison a person, if no harm was done.

Issue: Did Adam Lambert intentionally victimize a photographer?

Analysis: In Glambert’s case, it is apparent by the photographic evidence that Lambert did indeed physically grab or assault the photographer, and was reaching into his bag, however, the intent is what is unclear. In the photo that has been splayed across the internet, the photographer appears to be smiling, and of course, there appears to be a camera in his left hand. Most photographers have a camera preference, and probably wouldn’t toss a camera into a mesh bag in the first place, so unless the cameraman had somehow gotten it out and Lambert was continuing to reach into the bag, for reasons unknown, I would say that the report is probably false.

Advice: In short, if someone is annoying you, try your hardest to turn your back and walk, ignoring them often does more damage than any physical blow you could land.

Now, I am not saying that what Lambert (obviously) did was the right thing. He needs to learn
to either not horse around with photographers, or to keep his hands to himself, and play nice. I also
think he should keep his hands away from other people’s property. Glambert may be getting fed up with the fame, but like every other singer, he should keep his temper cool to keep his career nice and hot..All in all- to those bearing photographic equipment: Steer clear of Adam Lambert for the next couple of months. After reading a recent tweet that came from his twitter account in response to the incident with Russell Brand and Katy Perry attacking paparazzi, which stated “some of dem paps are SCUM! Stand your ground.”, I think that snapping anything of Adam, might end up with Lambert snapping right back. Whataya want from that cameraman, anyways?

Paris Possession Plea

Melanie Sanders — Mon, 27 Sep 2010 13:39:00 GMT

Facts: On August 27, 2010, a motorcycle police officer pulled over a black Cadillac Escalade in front of the Wynn Casino in Las Vegas after smelling a “vapor trail” of marijuana come from the window while the car was stopped at a traffic light. Inside the car were Cy Waits, a nightclub manager at the Wynn, and Paris Hilton. Waits, who was driving, failed a field sobriety test given by the officer. Because a crowd started to from
around the vehicle, Paris requested to inside the Wynn for privacy.

Once inside she pulled out a tube of lip balm from her purse and a small bag of cocaine fell onto the floor in plain view of the police officer. Hilton claimed the bag was not hers and that the only belongings in the bag that were hers were rolling papers, $1,300 cash, and credit cards.

Rule: According to NRS § 453.011, 453.166, § 453.337, and § 191.130 (The Uniform
Controlled Substances Act), cocaine is a schedule II drug, possession of which runs a
penalty of 1-4 years in prison and fines up to $5,000.

Driving under the influence (DUI) is also a crime, according to Nevada DUI code § 484.379-
484.3947 which states that it is unlawful to operate a motor vehicle while under the influence of
alcohol, drugs, or intoxicants with a blood alcohol concentration of .08% or greater. However,
even if a person’s blood alcohol is less than .08%, if that person fails any part of a field sobriety
test, that person can be charged with UDI.

Analysis: Applying these rules it is easy to see why Hilton and Waits were charged. Waits
failed his field sobriety test and Hilton later confessed that the cocaine in her possession
was in fact hers.

Opinion: The acceptance of a plea deal may seem like Hilton “got off” but in actuality, she
has to be very cautious of her future conduct for the next year. Any misstep (other than a
minor traffic violation) will land her in the slammer for an entire year, no future trial…just
lockup.

"The purpose of this, at this point, is that you change your conduct," the judge told Hilton. "If
you're not changing your conduct, the purpose then shifts simply to punishment. The punishment
here is to serve a one-year jail sentence."

She also has to complete a drug abuse program, pay $2,000 in fines, and serve 200 hours of
community service. Not only do Hilton and Waits face legal repercussions from their actions but they also face repercussions in their careers and social lives. Both are banned from entering the Wynn, Waits lost his job at the nightclub, and Hilton was banned from entering Japan (where she was going on business) because of her cocaine conviction.

A night of fun can be had without putting your lives and careers on the line – or the lives of innocent
bystanders. Please don’t think that because neither served jail time that they weren’t sentenced.
You don’t want to fall into their footsteps…

Become a fan of Youth Vault & follow us on Twitter!

Worldwider aka Thyme Gadson — Tue, 21 Sep 2010 15:13:00 GMT

Life without Liberty, pretty much sucks.

In this chaotic age, www.youthvault.org - a 501(c)3 non-profit is committed to raising kids above crime- and reducing it- with
interactive legal education and Virtual Role Models.

We produce www.lawyeruplive.com and other experiential events designed to prevent Youth Crime. One way to help is through our FB Cause http://www.causes.com/causes/453139?m=e6976f88

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If you Tweet, be sure to follow us, so you can stay up to date with the latest news regarding YVI and legal news related to juveniles. The Twitter username is Youthvault. You can also access the Twitter account by clicking here: http://www.twitter.com/youthvault

Thanks so much for sharing Youth Vault Inc with your friends, parents and of course – more kids.

Big Problems for Lil’ Wayne

Claire Howe — Mon, 20 Sep 2010 14:43:00 GMT

For Dwayne Carter, AKA Lil Wayne, trouble with the law appears to be an ongoing issue
as he persistently gets caught with items that well, just aren’t legal. His 2007 arrest stemmed
from a .40 caliber pistol found on his tour bus, and in 2008 Wayne was arrested when ecstasy,
an illegal narcotic with euphoric effects and a tendency to cause serious brain damage, was
found…guess where…? On his tour bus!

According to Arizona statute, an individual who is convicted of knowingly possessing or using an illegal narcotic is thereby guilty of a Class 4 felony, a crime which can carry a sentence of up to three years in prison.

Interestingly enough, however, Lil’ Wayne is already in a New York jail due to that
pesky aforementioned gun charge. In accordance with New York Statute, an individual whocarries a firearm without a license is guilty of criminal possession of a weapon, a felony which can carry a maximum sentence of three and a half years behind bars. Lil’ Wayne initially pleaded not guilty to this charge and later accepted a plea agreement offered by the prosecution. Wayne was given a one year sentence after he agreed to plead guilty to the lesser charge of attempted criminal possession of a weapon in the second degree which is also a felony and an offense which can carry a prison sentence of up to two and a half years.

So, Wayne is serving his time for the New York incident, but Arizona hasn’t forgotten about him,
and it looks like the best way for him to avoid serving another prison term will be to negotiate yet
another plea bargain. Should the Arizona courts decide to go easy on Lil’ Wayne and agree to
a plea bargain, reducing his sentence to 36 months of probation, Wayne will escape any additional
jail time; however, his future incarceration or lack thereof remains to be seen.

So, if we have the story straight, Lil’ Wayne can’t seem to keep guns and drugs out of
his tour bus. The law assumes that if you possess items like narcotics and firearms, you just
might use them. Shocker. But one question we might ask is: should possession alone qualify
an individual for the same charges as use? What if Lil Wayne was just “holding” the drugs for
someone? Furthermore, Lil’ Wayne might have believed that his gun charge was an isolated
event, that he wouldn’t get caught keeping illegal stuff on his tour bus again. Would that explain
why he didn’t appear to be more careful about what he was keeping on his tour bus when he
was arrested the second time?

Since he WAS caught a second time, should the Arizona justice system agree to a plea bargain
like New York did, or really throw the book at him? And what about the fact that Lil’ Wayne is at the height of his fame, sitting in a prison cell? It’s pretty hard to tour and make music and work your creative genius when you’re incarcerated. Does that set a positive example for the countless,
talented, young rappers out there who aspire to be just as successful as Lil’ Wayne? I guess
we’ll just have to wait and see, okaaaaaaay?