Hennepin County, MN The politics of domestic assault continue to ignore the rights of the accused and minimize the need for investigation and common sense. Flase charges are not uncommon, and the falsely accused feel helpless, having perhaps lost possession of their home, temporary custody of their kids, and had their movements and contact restricted. It often politically incorrect to doubt the words of an accuser, particulary a woman. Sadly, however, we have created a system that does provide incentive to manufacture domestic assault allegations. Most of this surrounds the speed with which various mechanisms move when a domestic assault charge is made. However, with hard work and pressure, Alex De Marco secured a great result for a veteran. He was accused of domestic assault, and his ex-girlfriend attempted to paint his client as some sort of dangerous person due to his diagnosis of post traumatic stress. Alex detests the stereotyping of veterans as dangerous, knowing that many manage PTSD with no psychotic or violent symptoms whatsoever. Alex was able to dig deep into the history of the alleged victim, and discovered she had made false accusations of domestic assault in the past, and not just against his client. Alex subpoenaed officers involved in these cases who had noted the inconsistencies of prior stories. Despite some concerning though inconsistent physical evidence in his client’s case, Alex secured an arrangement whereby his client would complete some programming, not plead to anything, and ultimately have his case dismissed in a year. The client was able to keep his honorable discharge and is now a successful small business owner. If you’ve been charged with domestic assault, you need the services of a criminal defense attorney right away. In particular, veterans and active duty military face consequences for their discharge and their firearm rights and ability to serve. It’s about more than beating a charge. It’s about honoring those who have served, and taking into account their unique interests. Contact Alex De Marco today at 651-705-8829. Domestic Assault Dismissed for a Veteran was last modified: October 13th, 2016 by Alex DeMarco
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‘Do Not Resist’: A chilling look at the normalization of warrior cops – The Washington Post
Grossman’s classes teach officers to be less hesitant to use lethal force, urge them to be willing to do it more quickly and teach them how to adopt the mentality of a warrior. Jeronimo Yanez, the Minnesota police officer who shot and killed Philando Castille in July, had attended one of Grossman’s classescalled “The Bulletproof Warrior” (though that particular class was taught by Grossman’s business partner, Jim Glennon). In the class recorded for “Do Not Resist,” Grossman at one point tells his students that the sex they have after they kill another human being will be the best sex of their lives. The room chuckles. But he’s clearly serious. “Both partners are very invested in some very intense sex,” he says. “There’s not a whole lot of perks that come with this job. You find one, relax and enjoy it.” Source: ‘Do Not Resist’: A chilling look at the normalization of warrior cops – The Washington Post ‘Do Not Resist’: A chilling look at the normalization of warrior cops – The Washington Post was last modified: October 2nd, 2016 by Alex DeMarco
BCA completes investigation into Philando Castile death
The Minnesota Bureau of Criminal Apprehension has completed its investigation into the officer-involved death of Philando Castile. Source: BCA completes investigation into Philando Castile death BCA completes investigation into Philando Castile death was last modified: October 13th, 2016 by Alex DeMarco
When Driving Drunk Becomes Necessary
There are two fundamental ways in which a DWI is challenged. One is a legal challenge which deals with the constitutionality of the progressive intrusion into one’s fundamental Fourth Amendment Rights. This primarily asks a court to suppress evidence in a DWI case before any sort of trial. It could raise a challenge to the basis for stopping the vehicle in a case. If the stop is legally proper, one could challenge the basis for the expansion of the the traffic stop into a DWI investigation, basically determining whether it was proper to ask a person to come out of the vehicle for standardized field sobriety testing. It could raise a challenge to whether there was probable cause to arrest the driver after such investigation. Finally, a challenge may be raised to the Constitutionality of taking a chemical test without a warrant, which was recently litigated in a number of DWI cases in Minnesota and ultimately the Supreme Court of the United States ruling in |State v. Bernard|. DWI cases are difficult to challenge, but most of the successful litigation and positive case law come from these challenges. There can also be challenges raised to the science of DWI testing. The state is advancing a scientific test as evidence of a crime, namely operating a motor vehicle while the person has an alcohol concentration above .08. The State thereby “must establish that the test itself is reliable and that its administration in the particular instance conformed to the procedure necessary to ensure reliability. “Without a foundation guaranteeing the test’s reliability, the test result is not probative as a measurement and hence is irrelevant.” State v. Dille, 258 N.W.2d 565, 567 (Minn.1977). It is very difficult to do this without involving an independent expert regarding the science of alcohol testing. It is often not successful to challenge the reliability of the chemical test as a matter of law before a judge. However, there can be success in challenging it before a jury, because the fact is that precise testing for alcohol concentration is not very good science, and the police officers themselves know very little about it. However there are also what are known as “affirmative defenses” to DWI. There are not many, but one in particular which Alex DeMarco recently advanced at trial, and with success, is that of “necessity.” What is a necessity defense? It’s actually a defense that arises from English Common law and may apply to a number of different crimes and circumstances. Essentially this defense is made in a circumstance where the driver did not want to drive the car, but felt they had to in order to escape an immediate danger. Many lawyers when faced with a case of necessity give up afte researching the case law. That is because there are numerous rulings that have significantly limited when the defense is available. Many published cases deal with circumstances where the trial court ruled the jury could not consider a necessity defense, and the court of appeals and other higher… Read more {+}
BREAKING: United States Supreme Court holds stabbing you with a needle is the only thing protected by the fourth amendment
BREAKING NOW, Bernard’s second failure (click for full opinion). In the second blow to the Fourth Amendment in a week, the Supreme Court of the United States ruled today that, short of stabbing you to get to you blood, the Police can pretty much search you for nearly any evidence they want, post arrest. BREAKING: United States Supreme Court holds stabbing you with a needle is the only thing protected by the fourth amendment was last modified: April 17th, 2020 by Alex DeMarco