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Thursday, March 24, 2016

The People Vs. OJ Simpson: American Crime Story:A review

The People Vs. OJ Simpson: American Crime Story:A review

This is less of a blog and more of a plug.  The People Vs. OJ Simpson: American Crime Story is one of the best mini-series I have seen in a long while that covers a crime and courtroom drama.  There are some dramatic liberties but it mostly follows the facts that occurred in the actual case and as set forth by Jeffrey Toobin’s book, “The Run of his Life”.  The show could be 100 episodes instead of just 10, but it highlights the most important parts of the case.  I will give you a short summary of each one.
From the Ashes of Tragedy–  The show begins with the most important event that set the tone for this case, Rodney King and the LA riots. After the murders when the initial investigation began.  This was where the bumbled investigation or conspiracy(depending upon what you believe) begins.


The Run of His Life – An entire episode dedicated to a low speed car chase.  This episode was exciting and riveting.  All of America watched that car chase, including me being all of 10 years in a restaurant, huddled around a television with all of the other patrons.


The Dream Team People who play basketball, dream of being in the NBA, people who go to law school, dream of being great attorneys, the dream team was the dream team of lawyers.  Cochran, Shapiro, Dershowitz, Scheck, and Bailey.  All were/are amazing attorneys, each with their own unique talent that they brought into the case.  I do feel the show portrays Robert Shapiro unfairly and that he is an excellent lawyer.

100% Not Guilty The jury selection begins which is the beginning of the end for the prosecution.  They avoided getting a Batson challenge(where the defense claims they are picking the jury based on race) and let the dream team pick the dream jury.

The Race Card The dream team changes the house to look more “african” and they begin their strategy of attack the LAPD for their poor reputation(earned or not) of racial profiling and attacks.



Marcia, Marcia, Marcia This episode covers how the press unfairly berated and attacked prosecutor Marcia Clark.  Marcia Clark did not deserve all of the attacks she received and should have been treated better.  This also has the best scene so far in the show and one of the best in the trial.  The moment F. Lee Bailey confronts Mark Furhman about his use of the N-word.  This scene is great and intense



Conspiracy Theories “If the Glove don’t fit, you must acquit”  This episode demonstrates the pivotal mistake made by the prosecution of how they asked to have OJ try on the gloves.

Check out the next episode on Tuesday night on FX

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All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

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Tuesday, March 22, 2016

Donald Trump, Personal vs. Corporate Bankruptcy

Did Donald Trump ever file personal bankruptcy?

Speedingticketkc.com takes no political position on any of the candidates running for president.
This has been a hot button issue in the 2016 presidential primary.  He has threatened to sue people who have written and commented on this.  The answer to this question: no, Donald Trump has never filed personal bankruptcy.  But the answer does not end there.  He has stated that he has used the laws to his favor to make a lot of money.  
Companies Donald Trump was involved with have filed bankruptcy.  Donald Trump has been involved in 4 major bankruptcies.The Trump Taj Mahal, Trump Plaza Hotel, Trump Hotels and Casino Resorts, and Trump Entertainment Resorts.
Corporations and Bankruptcy.
So what is business bankruptcy and how was this helpful to business owners like Mr. Trump?  Business owners and investors form legal entities called partnerships, corporations, and limited liability corporations.  The main protection of these organizations is to keep the individual protected from debts incurred by the corporation.  So when a company can no longer pay its bills, the creditors cannot grab assets and money from the investors.  Bankruptcy is a filing that protects the business from it’s creditors, who will want to repossess assets.  It stops everything and allows the business to operate under protection while the debt situation is sorted out.
A business can file bankruptcy and dissolve the company giving away the remaining assets to the creditors first, then to the investors, and if anything is left, the owner.  A business can also file reorganization bankruptcy which is where the debt is reorganized so it can be paid off.  Negotiations begin with the creditors and the owners as to how the debt will be repaid.  Generally both sides must give away some of their claims or possessions in order to come to an agreement.  In the Trump Taj Majal bankruptcy he gave up a percentage of ownership to banks for them to agree and the banks gave in on some of the debt.  This is a very common practice and many companies use it.  
For more on this story go to NPR
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All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

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Thursday, March 17, 2016

Can I Carry a Sword in Public?

Question

is it illegal to carry a wooden katana?

Cost: Free

United States  |  Missouri  |  64119  |  Criminal Law

3/17/16, 12:39 pm

Answer

As long as the weapon is not concealed and you are not brandishing it on someone illegally, it seems perfectly fine. Missouri statutes have a list of weapons you cannot carry, a switchblade being one of them. A wooden Katana is really nothing more than a large wooden stick(with all due respect to those who make those items), therefore is almost not even a knife. Below I have copied and pasted the list of weapons one cannot carry in Missouri. This list is not exhaustive and does not cover federal law.

. A person commits a crime if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A gas gun;

(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(5) Knuckles; or

(6) Any of the following in violation of federal law:

(a) A machine gun;

(b) A short-barreled rifle or shotgun;

(c) A firearm silencer; or

(d) A switchblade knife.

2. A person does not commit a crime pursuant to this section if his conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

3. A crime pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class C felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

(L. 1981 H.B. 296, A.L. 2002 S.B. 712, A.L. 2008 H.B. 2034, A.L. 2011 H.B. 294, et al., A.L. 2012 H.B. 1647 merged with S.B. 489 & 637)

Effective 7-10-12 (S.B. 489 & 637)

8-28-12 (H.B. 1647)

CROSS REFERENCE:

Illegal fireworks, possession, sale, manufacture or transportation of, penalty, 320.136

Richard Simons
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All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

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Wednesday, March 16, 2016

Assaulted while trespassing, will I be prosecuted??

I was assaulted on property I wasn’t supposed to be on. (Was assaulted in a college campus house after being banned from campus) Police are looking for me to identify the suspects and tell me that I won’t be charged for trespassing because I’m giving information for a higher crime. Is this true? They didn’t physically catch me on campus, but they’ve be notified I’ve been assaulted in an area I wasn’t supposed to be.
Cost: Free
United States  |  Missouri  |  64093  |  Criminal Law
3/16/16, 10:10 am

Answer

It could be true, but you need an attorney to get you immunity. Generally the police do not like to prosecute victims, but by saying you were there, you are admitting to trespassing. If the police and prosecutor are really more interested in prosecuting your attackers instead of prosecuting you for trespassing, they will grant you immunity from prosecution.

Richard Simons
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All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

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Monday, March 14, 2016

Call the police to see if I committed a crime??


Question

If I call a law enforcement agency to see if I committed an internet crime is that self incrimination?
Cost: Free
United States  |  Oklahoma  |  73127  |  Criminal Law
3/14/16, 10:25 am

Answer

Yes. The right to remain silent seems like the one all clients forget. If you call a law enforcement agency and ask them if you committed a crime you are identifying yourself and basically giving them all the evidence. Contact an attorney and ask them to find out, you may have to spend some money but it is better than the money you would have to spend in defending yourself. Also, internet statutes are ambiguous and can be used against you. In reading some of the prosecutors guide, I fear for anyone who does anything on social media or the web.

Richard Simons
Speedingticketkc.com
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Saturday, March 12, 2016

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