UK Madness: Riots On the Streets of Lexington, KY!!!

Tipoff for the NCAA men’s basketball championship is tonight at 9:23pm.  The University of Kentucky will be representing this fine Commonwealth in said championship, and is favored to win by 84 points.*  Regardless of whether you are a UK fan, or a fan of UofL, Murray State, Morehead, EKU or WKU, I hope we can all follow the advice of the Honorable Rick Pitino, who addressed the basketball fans in this state, and was quoted after the Final Four game as saying, “For those that have brains, they root for each other.”

I am a Cards fan.  But I will certainly be cheering on the Cats to victory tonight – Bring that big trophy back to the Commonwealth, boys!  Having any Kentucky institution in the National Championship is good for all of us.  Go Cats!

On that note – I don’t know if you’ve been following the news lately, but there have been some rowdy fans in Lexington lately.

As reported by a semi-reputable internet site: “Post-game revelry in Lexington turned to destruction and fire-setting Saturday night as University of Kentucky fans swarmed the streets surrounding campus, prompting police in riot gear to move in.

College antics in alcohol-fueled celebrations of UK’s Final Four victory quickly escalated, as young people set couches and two cars ablaze and hurled beer cans into clusters of party-goers.

Firefighters responded to about 50 nuisance fires, mostly couches set afire on purpose, according to Battalion Chief Ed Davis of the Lexington Fire Department. Ten people were injured, he said.

Two car fires were set on State Street.”

Concerning the wide open, stuff-to-the-wall partying, Joey Frederick, who joined the revelry in Lexington, was quoted, saying, “We are the best team in America,” he said. “I think houses should burn.”

Although I don’t quite follow Mr. Frederick’s “logic,” this blog post is for people like Joey.

Let’s talk about Riot.  Pursuant to KRS 525.010, “Riot” is defined as “a public disturbance involving an assemblage of five (5) or more persons which by tumultuous [loud, excited or emotional] and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.”  [definition added for Joey].

I know that some people like to party.  And those people are infrequently deterred from partying by the legal consequences thereof.  But if you intend on engaging in the above behavior, you should be advised that participating in a riot can be against your penal interest [can get you in trouble with “the law”].  KRS 525.020 governs Riot in the first degree, and provides as follows:

(1) A person is guilty of riot in the first degree when:

(a) He knowingly participates in a riot; and

(b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs.

(2) Riot in the first degree is a Class D felony.

Without droning on the subject, just trust me, turning over cars and lighting couches on fire constitute “substantial property damage.” 

The interesting thing about Riot is that you can be criminally responsible for someone else’s conduct.  If you run out on to State Street, with the knowledge that people are rioting, and you run around celebrating with everyone else, you do NOT have to be the person who causes the damage in order to be punished under this subsection of the KRS.  And, in fact, you could be facing a felony [crime that involves a punishment of over a year in prison].  Specifically, if you are found guilty of Riot in the first degree, you would be facing up to five (5) years in prison [definition added for Joey].

If no substantial property damage were to occur, the participant can still be criminally liable under KRS 525.030, for Riot in the second degree.  It is defined as follows:

(1) A person is guilty of riot in the second degree when he knowingly participates in a riot.

(2) Riot in the second degree is a Class A misdemeanor.

If you do not wish to participate in the riot, but would rather encourage others to do so, you should be aware that KRS 525.040 may prohibit that conduct as well:

525.040   Inciting to riot.

(1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.

(2) Inciting to riot is a Class A misdemeanor.

Although I do not condemn Public Intoxication in the moral sense, I would like to inform you that it can be illegal.  KRS 222.202 defines Alcohol intoxication in a public place, and states:  “222.202   Offenses of alcohol intoxication or drinking alcoholic beverages in a public place.
(1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.”

And although the aforementioned statute sets a high bar for public intoxication (“manifestly under the influence of alcohol to the degree that he may endanger himself…”) I would just like to caution you that a lot of police officers seem to ignore that high bar, and will arrest you even if you seem a little drunk.

Also related to this conversation is Disorderly Conduct, or as some criminal defense lawyers call it, “DC2.”

525.060   Disorderly conduct in the second degree.

(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:

(a) Engages in fighting or in violent, tumultuous, or threatening behavior;

(b) Makes unreasonable noise;

(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or

(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(2) Disorderly conduct in the second degree is a Class B misdemeanor.

Any partying aftermath of the National Championship game would not constitute Disorderly Conduct in the First degree, unless there was a funeral going on simultaneously.  But that is a conversation for another time.

I hope this was informative.

If you get arrested for Riot, Disorderly Conduct, or Public Intoxication in the wake of a National Championship celebration, call a Louisville criminal defense lawyer who will fight for you.  Call 502.618.4949 and speak to an attorney at Simms & Reed, PLLC today. 

Simms & Reed, PLLC.  Results.  As fast as the law will allow.

*This blog may contain fabricated statistics, “facts,” and/or odds.

Free in Kentucky: Death of Gay Roommate in Spying Case

Free in Kentucky: Death of Gay Roomate in Spying Case: http://usnews.msnbc.msn.com/_news/2012/03/14/10675405-gay-spying-case-will-jury-convict-for-hate   MSNBC reports that Dharun Ravi could...

Death of Gay Roommate in Spying Case

http://usnews.msnbc.msn.com/_news/2012/03/14/10675405-gay-spying-case-will-jury-convict-for-hate 

MSNBC reports that Dharun Ravi could face a decade in prison over charges that he used a web camera to spy on the romantic encounters of his gay roommate, who later took his life.

 

Ravi’s roommate and fellow first-year student at Rutgers University, Tyler Clementi, jumped to his death off the George Washington Bridge on Sept. 22, 2010. Authorities say that was three days after Ravi watched Clementi kiss another man via a web camera and one day after Ravi tried to do it again.  Closing arguments wrapped up Tuesday in a New Jersey courtroom where Ravi faces 15 criminal charges, including invasion of privacy. The jury would need to find him guilty of that in order to convict him of bias intimidation.

The presiding judge in the case has expressed some skepticism about the bias intimidation law, The Associated Press reported. "I could be wrong," Judge Glenn Berman told lawyers on Monday after the jury left. "I said this statute to me is muddled. It could be written better."

The defense said Ravi was immature but not homophobic, while the prosecution said he intended to intimidate Clementi and the man who visited his room – known by the initials M.B. – because they were gay.  For a bias intimidation conviction – which carries a 10-year sentence – the jury has to unanimously agree that one of three criteria has been met: There’s evidence that the victim felt he was being intimidated or evidence that the defendant purposely or knowingly attempted to intimidate based on biased motivations.

What is interesting about this case for me, is that a lot of evidence seems to be missing.  For example [I’m analyzing this from news reports and without the court record] I haven’t seen any evidence of Ravi’s motives.  He is accused of setting up a camera to spy on his gay roommate, but it doesn’t say why.  With the victim of the alleged crime now deceased, any statements of actual intimidation toward the victim, if they existed at all, wouldn’t be available for the jury to hear.  If the reason for his videotaping was simply "curiosity," wouldn't we need some more evidence?

Obviously the circumstances of this case are absolutely tragic.  It is such a shame that Clementi’s life ended prematurely, and the reasons for his death are heartbreaking, even for a robot like me.

But the devil’s advocate [or maybe just the criminal defense attorney] in me has to probe this case a little further.

And what about the invasion of privacy issue?  When I was living in the dorm in college, my roommate and I lived in a single room the size of a large walk-in closet.  The beds were bunked because if they weren’t, you wouldn’t be able to walk through the dorm room.  In such a small place, where both roommates share ALL of the living quarters, there really wasn’t much of a reasonable expectation of privacy.  Why wouldn’t a person be allowed to set up a camera in their own living quarters? 

I know what you’re thinking – if Ravi set up a camera and didn’t tell his roommate, doesn’t that mean that Clementi might have reasonably expected some privacy when Ravi wasn’t home?  Maybe you’re right.  Let’s see if the jury believes beyond any reasonable doubt that Ravi is guilty.  I just wouldn't be surprised to hear a Not Guilty verdict or a hung jury in this case.  We’ll see…

Free in Kentucky: Pit Bull Attack Leaves Piece of Tooth in Girl's Ch...

Free in Kentucky: Pit Bull Attack Leaves Piece of Tooth in Girl's Ch...: WLKY reports A 10-year-old girl is recovering at Kosair Children's Hospital after Metro Animal Services said she was attacked by a pit bull....

Pit Bull Attack Leaves Piece of Tooth in Girl's Chin

WLKY reports A 10-year-old girl is recovering at Kosair Children's Hospital after Metro Animal Services said she was attacked by a pit bull.  The owner of the dog is charged with possession of a potentially dangerous animal, but it's the 8-month-old dog, Playa, who is behind bars.

The little girl's mother, Christina was quoted, saying, "She has stitches all up her face. She has bite marks all up her arms and everything...They said there was a little white speck, which is probably a piece of tooth or something, but it didn't hit no arteries and she won't need surgery,”

According to the report, the girl was playing with the children next door who had just recently moved in. As they played, the new neighbor's pit bull puppy, which was chained on the front porch, started to get agitated.  The neighbors took the dog inside, but as the children continued to play, the family said the dog broke through the front door of the house and attacked the girl, first grabbing her face and pulling her to the ground, then grabbing her arm and dragging her further.

Personally, I think dog bite cases provide some of the most terrifying circumstances of personal injury cases.  It's scary to think that your child could go next door to play with neighbor children, and in the blink of an eye, have permanent scarring.

Dog bite cases are very unfortunate cases.  Especially when the victim is so young, and especially if the attack leaves permanent disfigurement or scarring.  Often, the owners of these dogs know or should know that their dogs have vicious tendencies.  In such a case, it is extremely important to have a Louisville dog bite lawyer who has experience with these type of cases.

If you or someone you know has been bitten by a dog, call 502.618.4949 for a free consultation with a Louisville dog bite injury lawyer, today.  You may be entitled to compensation for damages caused by the dog bite.  Speak to a lawyer who will fight for your rights.  Call Simms & Reed, PLLC, today.

Results.  As fast as the law will allow.

Free in Kentucky: How a Mediocre Lawyer Can Convince Others They are...

Free in Kentucky: How a Mediocre Lawyer Can Convince Others They are...: Thanks to my peers, I have been named in Louisville Magazine’s Top Lawyers of 2012 . Specifically, I was listed in the DUI section. There ...

How a Mediocre Lawyer Can Convince Others They are a Great Lawyer

Thanks to my peers, I have been named in Louisville Magazine’s Top Lawyers of 2012.  Specifically, I was listed in the DUI section.  There aren’t a lot of lawyers under 40 years old in this particular publication (the March issue, BTW).  So, it is truly an honor.  I appreciate all of you who voted for me.

On a related note, I’m going to teach you how a mediocre lawyer can convince others that they are a great lawyer.  This is a crucial skill to learn if you want to be in Louisville Magazine’s Top Lawyers, but don’t actually belong there.  So, without further adieu, here are the ways a mediocre lawyer can convince others that they are a great lawyer:

1) Client Expectation Management.  This is extremely important.  Let’s say a guy walks into your office with a new DUI charge.  He has a clean record, and a BAC of only .085.  From the looks of the citation, the stop was legal, and you have no reason to believe that the Standardized Field Sobriety Tests were performed in any way other than in conformity to the National Highway Traffic and Safety Administration guidelines.  You automatically think you can probably get this guy diversion.  There are 2 ways to handle the conversation.

            A) Tell him only part of the truth.  Tell him you think he can get diversion.  If you handle the conversation this way, the client just shows up at the courthouse - you get him diversion - and he walks away thinking he got what he deserved.  He thinks he got an OK result.

            B) Tell him the whole truth.  Tell him that he is facing up to 45 days in jail and a fine of up to $500, a license suspension of up to 6 months, court costs, and Alcohol Drug Education Classes.  Tell him that you cannot give him an accurate assessment of what should be done in his case until you review his citation, the police report, any witness statements, and the in-car video (if it exists).  Only then you will be able to speak intelligently about his case.  But you’ve handled many DUIs before and that you have been able to get favorable results in the past

            [Let’s assume you later determine that there are no glaring constitutional issues in his case].  If you handle the conversation this way, he shows up at the courthouse - you get him diversion - and he walks away thinking he got an amazing result.

            If you fail to manage a client’s expectations, you can get them a good result – but they believe it isn’t a good result at all.  You have simply MET their expectations.  But if you inform the client of the full breadth of punishment associated with the crime, and temper their expectations, you can get them a good result and have the client walking away thinking the result was phenomenal.  Not expected.  Happier clients will boost your reputation.  And you don’t have to get better results to have happier clients, if you do proper client expectation management.

2) Work Harder.  Working harder is not nearly as important as client expectation management.  Seriously.  But it is pretty important, especially if you are like me and you aren’t as smart as the other guys named in Louisville Magazine’s Top Lawyers of 2012.  If you’re like me, you have to work harder to keep up with the really smart guys.

            Look at the Law.  Immediately get a copy of all of the statutes that your client is charged with violating.  Read them.  That sounds like a smart aleck comment, but it really isn’t.  We get “comfortable” as criminal defense lawyers, and we think we know the statutes.  So we stop reading them.  That’s a mistake.  What happens when you forget about a subsection?  Or when the law changes, like it does constantly.  Getting comfortable is dangerous for any lawyer.

            Review all of the Evidence.  Don’t walk into court cold.  This sounds like pretty basic advice, and it is.  But you’d be surprised at the amount of lawyers who walk into court and read the citation and police report for the first time, right before they walk into court.

            Make Motions.  If you can find even the slightest glimmer of hope on a constitutional issue, make a motion to dismiss the case, and in the alternative, to suppress evidence.  And file the motion with the court.  Don’t make oral motions.  This shows your client that you are actually DOING WORK.  I’ve found that the more paperwork clients get, the happier they are.

            Have Hearings.  Put the cops under oath, and cross examine them.  Maybe you’ll actually get a case or 2 dismissed, which is always great.  Even if it doesn’t work for this particular case, you have showed the client that you actually give a damn, and are willing to fight for them.  When you present them with the possibility of a guilty plea, they’ll understand that you are still on their side.

          Don't be Afraid to Try Cases.  This is something that is much easier said than done.  All I can tell you is that trying cases in front of a jury does a lot for your professional reputation.  It shows prosecutors you mean business.  It shows clients you are willing to fight for them.  And (shock) you might actually win some!  If you get a client a Not Guilty verdict, they will be telling everyone about you and your legal prowess, whether you deserve it or not.

3) Charge What You are Worth.  If you have done the above things, don’t dilute your brand.  If a lawyer takes $300 for a DUI case, the word will get around.  Now, if you don’t do DUI work and you just want to “dabble” in the genre every so often, then fine.  Charge whatever you can get.  But if you actually have experience, and you actually do good work, why would you charge an amount that isn’t reflective of your talents?  Remember the old adage, “You get what you pay for.”  People truly believe that.

            I’m sure there are other ways a mediocre lawyer can convince other people that they are a great lawyer.  If any of you have any other suggestions, please feel free to share.  I hope this has been informative.

            If you have been charged with a DUI in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, you should have a good lawyer on your side.  Why not one of Louisville Magazine’s Top Lawyers of 2012?  You deserve someone who understands that your case is serious.  You deserve someone who will fight for your Constitutional rights.  Call the Louisville DUI lawyers at Simms & Reed, PLLC.  Call 502.618.4949 today for a free consultation.

Results.  As Fast as the Law will Allow.

Simms & Reed, PLLC.