Category: News

Jason Ross Harris Gets Life Without Parole for Hot Car Toddler Murder

Posted by Staff on December 5, 2016

The Georgia Judge in the sentencing hearing of Jason Ross Harris issued a life without parole sentence today, according to ABC News. The father was found guilty of murdering his toddler son by locking him in a hot car in Atlanta for several hours. [1]

Judge Mary Staley Clark ended the sentencing hearing with one final comment. “I went back and reviewed and thought about your statement to the police and your statement to your wife when you were taken into custody. And it stood out to me that in both of those you took the occasion to express your wish so that you would be an advocate so that people would never do this again to their children. And, I would say, perhaps not in the way you intended, but you have in fact accomplished that goal.”

Automobile-related hot car suffocation is known as “death by hyperthermia.” But, what makes the story more horrific is that on the day that Harris left his small child in the hot car, reports indicate that “Harris was sexting with six women, including one minor, according to phone records.” [2] And, Christopher Brennan reports, “Other evidence exposed at trial showed that Harris had watched a video about hot car deaths in the days before the killing and that minutes before he locked the toddler in his car, he said, ‘I love my son and all, but we both need escapes.'” [3]

The criminal charges and sentencing hearing today address those issues as well. In addition to Count One, Malice Murder and the sentencing of life without parole, Judge Clark also sentenced Jason Ross Harris to the follow:

20 years for Count 5 Cruelty to Children in the Second Degree

10 years for Count 6 Criminal Attempt to Commit a Felony to/with Sexual Exploitation of Children

12 months for Count 7 of Disseminataion of Harmful Material to Minors

12 months for Count 8 of Dissemination of Harmful Material to Minors

For more on Darren Kavinoky’s coverage of the case, check out:
“Hot Car” Deaths: Is It Really Possible For A Parent To Forget About Their Child? http://crimefeed.com/?p=6748 via CrimeFeed.com

Watch Darren talk about the case here:

SOURCES
1. Emily Shapiro. December 5, 2016. ABC News. “Justin Ross Harris Sentenced to Life Without Parole for Son’s Hot Car Death.” Retrieved via http://abcnews.go.com/US/justin-ross-harris-sentenced-life-parole-sons-hot/story?id=43980462.

2. Mayra Cuevas. November 14, 2016. CNN. “Jury finds Justin Ross Harris guilty of murder in son’s hot car death.” Retrieved via http://www.cnn.com/2016/11/14/us/justin-ross-harris-trial-verdict/index.html.

3. Christopher Brennan. November 14, 2016. New York Daily News. “Justin Ross Harris found guilty of murdering toddler son in hot car.” Retrieved via http://www.nydailynews.com/news/national/justin-ross-harris-found-guilty-hot-car-toddler-murder-article-1.2872935.

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DUI Attorney Los Angeles

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Nickelback, DUIs and Travel to Canada After DUI on CNN International

Posted by Staff on December 1, 2016

Can you travel to Canada after a DUI? Darren Kavinoky and John Vause discuss on CNN International amidst the Canadian police Nickelback DUI punishment news buzz.

Can you travel to Canada after a DUI? The Canadians announcement yesterday that they will impose music playing as part of DUI punishment brings up the question of DUI policy in Canada and how they view potential visitors to their country who have a DUI on their record. Darren Kavinoky appears on CNN International with John Vause to discuss Canada’s announcement that they will play Nickelback for those arrested for DUI in the police car ride to the station.

Kensington Police Service in Canada announced the new DUI punishment in a Facebook post over the weekend…”When we catch you, and we will catch you, on top of a hefty fine, a criminal charge and a years driving suspension we will also provide you with a bonus gift of playing the offices copy of Nickelback in the cruiser on the way to jail.” [1]

John Vause of CNN says, “In the sleepy town of Kensington they’re warning of a cruel and unusual punishment for drunk drivers who find themselves in the back of a patrol car…miranda rights, handcuffs and the blaring sound of Canada’s much-maligned rock band Nickelback. Criminal defense attorney Darren Kavinoky joins me now. Mr. No Cuffs specializes in DUI law.”

“I think it’s so clever and I’ll bet you that tomorrow Chief Marketing Officers in corporations all around the world are going to be called into their bosses office to say, ‘You know what do one of those viral things for me.’ It’s an authentic real way to get people engaged in an important conversation. It’s a big problem,” observes criminal defense lawyer Darren Kavinoky.

“The department told CNN today they don’t actually hate the band,” says Vause. He adds, “They said this, ‘We are just using a different approach to get an age old message. As long as it starts a ‘don’t drink and drive’ dialogue, we’re happy with that.'”

“In Canada, in particular, we’ve seen that over half the fatalities that happen on the roadway involve alcohol or drugs and so this is a real problem that needs some real solutions and this opens up some opportunity for real dialogue so I’m very much in favor of what they’re doing here.” says Kavinoky.

Can you travel to Canada if you have a DUI?

John Vause of CNN adds, “If you look at the issue of drink driving in Canada, they have some of the toughest [DUI] laws on the books. Right?”

“They do,” answers Kavinoky. “As a matter of fact, even for citizens in the United States,” says Kavinoky, “they’re unable to gain entry into Canada if they’re on probation for DUI here in the U.S. So Canada takes it very seriously with jail, license suspensions. They do all those things internally, but even for people who have DUIs in other countries who want to come visit Canada, forget it.”

“I would love to be put out of business thanks to Nickelback,” says Kavinoky. “A matter of time,” responds Vause. Watch the video live here.

SOURCES
1. Rolando Zenteno. CNN International. November 30, 2016. “Canadian cops to punish drunk drivers with Nickelback tunes.” Retrieved via http://www.cnn.com/2016/11/30/americas/police-canada-nickelback-dui-trnd/.
2. CNN International.

John Vause on CNN http://www.twitter.com/vausecnn

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Touching another golfer’s ball leads to violent assault on the course

Posted by Stephen Hariton on November 30, 2016

Touching another golfer’s ball leads to a violent assault on the course in a shocking incident. At the Indian Creek Golf Club in Carrollton Texas, CBS News reports that one man was “left bloodied with a brain injury and broken ribs.” [1] Michael Plumlee was in a foursome on the green at the 17th hole when allegedly a player from a group behind named Kevin Keo Sivilay went against golf etiquette and hit his ball into the Plumlee foursome.

Reports say that Plumlee threw Sivilay’s ball off the green in response and allegedly this action by Plumlee led to Sivilay striking him with an iron golf club. Plumlee was reportedly hit in the back of the head. Sivilay then allegedly continued to strike Plumlee with the club.

CBS reports that the incident left Plumlee unconscious[1] and his prognosis is uncertain at this time. Police arrested Sivilay and took into evidence several golf clubs to determine the one which was used in the attack.

At this point, Sivilay needs the best criminal defense attorney he can find as CBS is reporting that he is looking at a sentence of 20 years if convicted. His case and sentencing will likely take into account Sivilay’s previous conviction of car burglary.

Criminal Defense Lawyer

Having the best representation in any criminal case is vital to a defendant’s ability to be treated fairly and in cases such as this, where golf is a “Gentleman’s Game,” this will be looked upon as a violent person with a past history of criminal behavior destroying a fun day on the golf course.

You can never be sure what will be considered a weapon, be it a golf club or something else. Mr. Plumlee was enjoying a pleasant day on the golf course, and society doesn’t look kindly on unwarranted attacks in a place where there is an expectation of manners and civility. A competent criminal defense lawyer is necessary to keep the playing field level. At no time should you ever trust your freedom to someone incapable of delivering only the best defense.

SOURCES
1. CBS News. “Texas golfer charged after brutal club attack on golfer who moved his ball.” Retrieved via http://www.cbsnews.com/news/witnesses-golfer-beats-another-with-club-on-course-in-texas/.

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Former NFL Player Darren Sharper Faces Sentencing for Sex Crimes

Posted by Staff on November 29, 2016

Darren Sharper is now facing sentencing for sex crimes that may include 18 years behind bars. The 41-year-old former NFL player admitted to and has been convicted of sex crimes that include drugging and raping women in four different states, according to a report by CBS Local LA. [1] Read more about the story here. Criminal defense attorney Darren Kavinoky weighs in on the Darren Sharper rape case sentencing.

“Although the nature of the crime seems straightforward enough – disgraced NFL star Darren Sharper drugging and sexually assaulting women in various states – this is actually a highly complex case, since it involves both federal and state court prosecutions in multiple jurisdictions,” observes celebrated criminal defense lawyer Darren Kavinoky.

“Though it appeared that a ‘global settlement’ was at hand, meaning one that would involve a singular sentence for all up and says in the various jurisdictions,” Kavinoky adds, “this was blocked by a Federal judge in Louisiana who deemed the eight-year deal too lenient, and instead imposed 18 years.”

“Sharper will undoubtedly do at least eight years behind bars, and possibly as much as 18 years in custody. While this is all being sorted out, one thing remains clear: Sharper won’t be enjoying fresh air anytime soon,” Kavinoky says.

Darren Sharper faces 4th and final sentencing for drugging and raping women in a Los Angeles courtroom today. https://t.co/MKYUwUHrzG pic.twitter.com/fCjbJcjD4H

— CBS Los Angeles (@CBSLA) November 29, 2016

Sex Crimes

“As severe as this sentence may seem,” says Kavinoky, “with the collateral consequences of ending his NFL career, sex crimes are unusual in that they typically involve mandatory consecutive sentencing. This means that each sentence is stacked on top of each other, rather than being served concurrently, meaning all at the same time. Mr. Sharper should, therefore, consider himself fortunate in many respects, notwithstanding the punishment he now faces.”

SOURCES
1. AP. CBS LA. November 29, 2016. “Ex-NFL Star Darren Sharper Faces Final Sentence In Drugging Rapes.” Retrieved via http://losangeles.cbslocal.com/2016/11/29/ex-nfl-star-darren-sharper-faces-final-sentence-in-drugging-rapes/.

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As an Historical Sidelight, Donald J. Trump is the New Andrew Jackson

Posted by Stephen Hariton on November 28, 2016

The opinions expressed below belong solely to the contributor to the NoCuffs Report blog and are neither endorsed by nor representative of the views of The Kavinoky Law Firm, 1.800.NoCuffs or founding attorney Darren Kavinoky.

By 1.800.NoCuffs Contributor Stephen Hariton, Paralegal

Before proceeding further, I must admit that I was wrong, as were most pundits and bloggers. That being said, the 2016 Presidential election was perceived by the nation as a referendum on the rule of law. In my opinion, the voters said “Enough!” to a candidate who was perceived to be thumbing her nose at the laws we all hold dear.

Though currently based largely on mere innuendo, as no criminal charges have been filed, the issues of Secretary Clinton’s emails and the Clinton Foundation seemed to have carried a sense of impropriety that played a role in her not winning the 2016 Presidential Election. Main Street apparently embraced the proposed idea that Hillary Clinton treated her public life as her own little fiefdom.

The rule of law also played a part in the nation’s decision regarding immigration and more specifically addressed people who are in the United States illegally with criminal records. How will this affect the future of immigration and sanctuary cities?

Now, more than ever before, our nation of laws will be severely tested. While many have expressed concerns about the stated policies of President-Elect Trump, on the bright side, our democracy has never been stronger. Citizens voted in numbers never before seen creating an outcome that surprised many. Every vote counted, and the decision has been made. The electoral college produced a clear victor.

However, there is anger and hostility in this country akin to what the country experienced in 1861.

A look back at history reveals similarities between this contested election and that of Andrew Jackson. In Jackson’s time, the common view was that he would never occupy the White House. The same was thought of Trump. Why were both men successful? Well, in each election, man felt that he was being ignored, and wanted it to stop.

This election has intensified all the hopes and fears related to criminal justice reform and the direction of the United States Supreme Court. In all likelihood, President Trump will have the opportunity to nominate at least three associate justices to the Supreme Court. A moderate like Merritt Garland, currently up for confirmation, now likely has no chance to be confirmed. The Court will most likely turn towards Justice Alioto on the court and become very conservative.

The potential overhaul of the criminal justice system will probably be placed on “hold.” We can expect to see an increase in incarcerations. “Law and Order” is the new slogan by which the criminal justice system will operate. And private enterprise, as it relates to the operation of the prison system, will simply continue to expand.

Dani Mathers Playmate to be Arraigned Today in Invasion of Privacy Case

Posted by Staff on November 28, 2016

Dani Mathers is scheduled to appear in court today for her arraignment in Los Angeles on invasion of privacy charges.[1] The Playboy Playmate is accused of invasion of privacy and body shaming a 70-year-old woman in a locker room.

In July, Mathers made news for posting a “selfie” Snapchat post from inside her gym’s locker room that also revealed a naked older woman. Read more about the case and see the apology Mathers posted here: Dani Mathers playmate body shaming arrest

The Snapchat photo Mathers posted is paired side by side with a “selfie” of the 2015 Playmate of the Year covering her mouth. The photo is captioned, “If I can’t unsee this then you can’t either.”

The location where the incident resulting in charges of invasion of privacy occurred, LA Fitness, put out this statement in response to the incident when it happened, via Twitter, “Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.”

Her behavior is appalling & puts members @ risk. We ended membership & she can’t use any club. It’s not just our rule, it’s common decency.

— LA Fitness (@LAFitness) July 15, 2016

Invasion of Privacy

The legal issues involved in the case revolve around the alleged online cyber exploitation of the 70 year old woman’s naked image.

“Cyber Exploitation – California Penal Code sections 502, 502.01, 647, 647.8, 786 and Civil Code § 1708.85 These provisions address cyber-exploitation, sometimes called “revenge porn.” Penal Code § 647 adds to the definition of disorderly conduct the intentional distribution of an image of another person’s intimate body parts, or engagement in specified sexual acts when a) the persons in the image agreed or understood that the image was to remain private, b) the person distributing the image knows or should have known that distribution of the image will cause serious emotional distress, and c) the person depicted in the image suffers the resulting distress. Penal Code §§ 502, 502.01, 647.8, and 786 define penalties, jurisdiction, search warrants, and forfeiture as related to cyber exploitation. Civil Code § 1708.85 creates a private right of action against any person who intentionally, and without the consent of the subject, distributes such photographs or recorded images.” [2]

SOURCES
1. Debbie L. Sklar. November 28, 2016. mynewsla.com. “Playboy Playmate in court for alleged body shaming of woman.” Retrieved via http://mynewsla.com/crime/2016/11/28/playboy-playmate-in-court-for-alleged-body-shaming-of-woman-70/.

2. State of California Department of Justice, Office of the Attorney General. Retrieved via https://oag.ca.gov/privacy/privacy-laws

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Criminal Attorney and Celebrity Media Analyst Darren Kavinoky

Self-Representation Allowed in Dylann Roof Case: Is it Advisable?

Posted by Staff on November 28, 2016

Self-representation is allowed but called “unwise” in Dylan Roof case, according to an ABC News report. [2] Dylann Roof is able to represent himself per a judge’s ruling today.

Last week Roof was ruled as competent to stand trial. Dylan Roof is on trial in South Carolina and faces multiple counts including 9 murder charges in the Charleston church shooting. If convicted, Dylann Roof, faces the death penalty. [1] [Read more about the story here.]

U.S. District Judge Richard Gergel, according to the report, accepted the defendant’s “unwise” [2] decision. Roof’s attorney’s, according to the report, will sit side saddle and be available if Roof has a question.

Jury selection has begun in the case.

Self Representation in Court

Darren Kavinoky, founding attorney of 1.800.NoCuffs, “People ask me all the time if they can represent themselves. My standard response to them is this, ‘You CAN represent yourself. You can also remove your own appendix, but that doesn’t make it a good idea!'”

Explains criminal defense attorney Darren Kavinoky, “A good criminal defense attorney is vital in a case like this.”

SOURCES
1. Keith O’Shea and Catherine E. Shoichet. November 25, 2016. CNN. “Dylann Roof competent to stand trial, judge rules.” Retrieved via http://www.cnn.com/2016/11/25/us/dylann-roof-competent/index.html.

2. AP. ABCNews.com. “The Latest: Jurors Questioned in Charleston Church Trial.” Retrieved via .

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Dylann Roof Ruled Competent to Stand Trial in Charleston Church Case

Posted by Staff on November 25, 2016

According to a CNN report, Dylann Roof has been ruled as competent to stand trial. Roof faces multiple counts including 9 murder charges in the Charleston church shooting. The accused, Dylann Roof, also faces the death penalty. [1] [Read more about the story here.]

Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains the ruling in the Dylann Roof case. “This is a legal ruling that demonstrates the difference between competency to stand trial and a criminal defendant pleading not guilty by reason of insanity. The criminal defense plea of not guilty by reason of insanity relates to someone’s mental condition at the time of the crime. Insanity means that because of a mental disease, defect, or condition the accused doesn’t appreciate the wrongfulness of his or her actions.”

Dylann Roof is competent to stand trial in last year’s Charleston church shootings, judge rules. https://t.co/pSTc3xHfna pic.twitter.com/6rCPuW9YfL

— CNN Breaking News (@cnnbrk) November 25, 2016

Dylann Roof Competency To Stand Trial

Kavinoky adds, “Competency to stand trial is a totally different concept. That focuses on the defendant’s mental state at the time of the legal proceedings against them. It has nothing to do with the person’s mental state at the time of the crime. The issue is whether or not the individual is able to understand the nature of the proceedings and assist in his or her defense. If the accused is unable to help their criminal defense lawyer in the necessary preparation for and participation in the trial, they may be incompetent deemed incompetent, and the trial will be continued until competency is restored.”

Finally, explains criminal defense attorney Darren Kavinoky, “Had the judge ruled the accused here incompetent, it would not have been a ‘get out of jail free card.’ It would have merely delayed matters until the defendant was able to assist his criminal defense lawyer.”

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Tragic Chattanooga Bus Accident Potential Criminal Charges

Posted by Staff on November 22, 2016

Johnthony Walker, 24, charged w/ 5 counts vehicular homicide, reckless endangerment & reckless driving in Talley Rd school bus crash. pic.twitter.com/9ZTIpXUZNl

— Chattanooga Police (@ChattanoogaPD) November 22, 2016

Criminal charges have been announced in response to the tragic Chattanooga school bus accident that happened Monday, November 21, 2016, in Chattanooga, Tennessee. “Reckless driving can happen at any speed, even below the posted speed limit, if road conditions require it,” says criminal defense attorney Darren Kavinoky.

According to a CNN report, the Chattanooga bus driver Johnthony Walker “has been charged with five counts of vehicular homicide, reckless endangerment and reckless driving.” 5 children have been reported killed and “and six others are hospitalized in an intensive care unit.” [1] [Read more about the story here.]

The Chattanooga Police Department confirmed the arrest and the charges in a Tweet issued today (see above) that says, Johnthony Walker, the bus driver, is 24 years of age. You can watch the Chattanooga Chief Fletcher explain the accident live on Periscope below, calling the accident, “every public safety professional’s worst nightmare.”

LIVE on #Periscope: Chief Fletcher updating media on Talley Rd bus crash https://t.co/LhBwtUQM5z

— Chattanooga Police (@ChattanoogaPD) November 22, 2016

Potential Criminal Charges

CBS Local in Detroit reports that a mother who had three of her own kids on the bus, one that was killed in the crash, told CBS News Correspondent Mark Strassmann that the bus driver asked the children moments before a question along the lines of, “Are you all ready to die?” moments before the bus impacted. [2]

If this reported question of the children is confirmed and verified, according to Darren Kavinoky, founding attorney of 1.800.NoCuffs, “That would support first-degree murder charges since it is suggestive of premeditation and deliberation. It’s worth noting that premeditation and deliberation can happen in a moment.”

Kavinoky adds, “Premeditation and deliberation do not mean that somebody has planned out a crime for an extended period of time necessarily. It simply means that the accused had time to reflect on his or her actions. This can truly happen in a moment. This is an area where criminal prosecutor have a massive amount of discretion, a good criminal defense lawyer is worth his or her weight in gold.”

Last patient just extricated from bus by #ChattFire here at school bus crash on Talley Rd. EMS is transporting. pic.twitter.com/0GhrSSy0Wc

— Chattanooga FireDept (@ChattFireDept) November 21, 2016

SOURCES
1. Madison Park, Catherine E. Shoichet and Mayra Cuevas. November 22, 2016. CNN. “Chattanooga school bus crash: Speeding driver swerved off road, affidavit says.” Retrieved via http://www.cnn.com/2016/11/22/us/tennessee-chattanooga-school-bus-accident/index.html.

2. CBS Local Detroit. November 22, 2016. “Report: Driver Asked Kids ‘Are You Ready To Die’ Before Crashing Bus In Chattanooga.” Retrieved via http://detroit.cbslocal.com/2016/11/22/report-driver-asked-kids-are-you-ready-to-die-before-crashing-bus-in-chattanooga/.

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Darren Kavinoky - DUI Criminal Defense Attorney Los Angeles

Darren Kavinoky Breaks Down Kim Mathers (Eminem’s Ex-Wife) DUI Case

Posted by Staff on November 22, 2016

Attorney Darren Kavinoky weighs in on Kim Mathers’ DUI case today saying, “The encouraging part of the story is the judge’s comment that Mathers would be treated like any other person convicted of DUI, notwithstanding her celebrity connection.”

According to The Detroit News, Kim Mathers the ex-wife of well-known rapper Eminem has been sentenced for her DUI arrest. James David Dickson for The Detroit News reports that Mathers “was sentenced to a [$900.00] fine and probation and will avoid jail time after a drunken-driving suicide attempt in October 2015.” Dickson also reports that the judge insists that Mathers’ sentence is reflective of what is standard for first-time DUI offenders. [Read more about the story here.]

Of the Kim Mathers sentencing, Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains, “The encouraging part of the story is the judge’s comment that Mathers would be treated like any other person convicted of DUI, notwithstanding her celebrity connection.”

Celebrity and DUI Verdicts

“Sadly,” Kavinoky adds, “as a criminal defense lawyer, I’ve seen both criminal and DUI cases where celebrity has both helped and hurt the accused. On the helping side, the most classic case is, of course, OJ Simpson, where the prosecution snatched defeat from the jaws of victory.”

“On the hurting side,” Kavinoky points out, “the case of Paris Hilton is a classic demonstration of ‘reverse celebrity,’ where someone’s fame actually increased the amount of jail time that they were ordered to do. In Paris’s DUI case, she was originally released, as any ordinary person would be, due to jail overcrowding. Because the eyes of the world were upon her, the extraordinary measures were taken to return her to jail to complete her sentence. This would never happen to an ‘ordinary’ citizen.”

SOURCES
1. James David Dickson. November 22, 2016. The Detroit News. “Fine, probation, no jail for Eminem’s ex-wife Mathers.” Retrieved via http://www.detroitnews.com/story/news/local/macomb-county/2016/11/22/kim-mathers-eminems-ex-wife-sentenced-dui/94264072/.

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