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"Prison Work Programs in a Model of Deterrence"


Questioning a new term of supervised release after Prez Obama commutes a life sentence

Case o' The Week: Doubting Thomas - Joel Leon Thomas Jr., Guideline variance, and Mand-Mins

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DJ wanted to give shorter sentence.DJ could have given shorter sentence.Ninth agrees.Yet half-century sentence stands?United States v. Joel Thomas, 2016 U.S. App. LEXIS 22625 (9thCir. Dec. 20, 2017), decision available here. Players: Decision by Judge Schroeder, joined by Judge Wallace. Dissent in part by Judge Kozinski.Twenty-four years old when sentenced, Thomas will be 73 when released.Facts: Thomas was a bank teller. Id. at *3. Using insider information, he worked with a crew that robbed a string of banks. Id. at *4.   Convicted after trial, Thomas was hit with stacked Section 924(c) counts and a mand-min sentence of 32 years. Id. at *6-*7. The district court then added 210 months for the conspiracy and robbery counts, for a total sentence of 49.5 years. Id.at *7.Issue(s): “On appeal . . . Thomas contends the resulting sentence was substantively unreasonable. He argues that a 49.5 year sentence is disproportionate to the crimes for which he was…

Did Trump Campaign violate computer hacking laws?

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Attorney Page Pate consults with McClatchyDC journalist Greg Gordon on the types of criminal conspiracy and computer fraud charges which members of Trump’s presidential campaign may face if key pieces… read more → The post Did Trump Campaign violate computer hacking laws? appeared first on Pate & Johnson Law Firm.

Critics of Trump Get Blunt and Blunter

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I try to avoid name-calling and personal attacks on this site, even when it comes to my opinion of public figures. With Donald Trump, it's hard, because most words that come to mind when I think of him are not words that I would publicly write. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Lyon et al. on Child Witnesses

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Thomas Lyon has posted two co-authored pieces on this subject on SSRN. The first is Stacia N. Stolzenberg, Kelly McWilliams and Thomas D. Lyon (Arizona State University (ASU) - School of Criminology & Criminal Justice, USC Gould School of Law...

Basking Ridge NJ Man Arrested for DWI and Drug Possession

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After spotting a vehicle driving without headlights, police in Basking Ridge pulled the car over during the late evening hours of Saturday, August 27. After talking to the driver, police determined that Michael Rosenthal, 41, was likely intoxicated. Further investigation resulted in a host of charges, including: DWI, possession of less than 50 grams of marijuana, possession of drug paraphernalia, possession of an open container of alcohol in a vehicle, and possession of a controlled dangerous substance in a motor vehicle. He was also charged with driving with no lights on, failure to exhibit documents, and last but not least, reckless driving. Rosenthal was released on his own recognizance with summonses to appear to address the allegations. It’s standard practice for police to add everything that they squeeze onto a charging document and force those they stop to pick their battles. Experienced DWI attorneys know how to focus their efforts to reduce or remove…

Consuming Caffeine Illegal in California?

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Nearly 55% of Americans drink coffee every single day. Furthermore, the average American consumes 3.1 cups of coffee per day, according to statisticsbrain.com. So, how is it that a California man is facing criminal charges for being “intoxicated” on caffeine?   The California resident, a 36-year-old man, was pulled over on August 5, 2015 on Interstate 680 by an agent with the California Department of Alcoholic Beverage Control. The agent was driving an unmarked vehicle and asserted that the 36-year-old had cut her off and was driving erratically, according to Yahoo News.   The state agent administered a breathalyzer test that displayed a 0.00% blood alcohol level. At this point, you would assume the driver would be let go, maybe with a warning about the importance of properly changing lanes.   Nope.   After the breathalyzer, the 36-year-old driver was arrested and taken to county jail. There, he had his blood taken for another toxicology test.…

Falsified Calibration Data Could Upend 20,000 DWI Convictions in NJ

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A New Jersey State Police sergeant whose job was to calibrate Alcotest devices in several counties has been accused of records tampering in a case that may compromise more than 20,000 DWI convictions over a seven year period. Sgt. Marc Dennis, who serves as a coordinator for the State Police Alcohol Drug Testing Unit, is accused of omitting a required step in re-calibrating Alcotest devices. Oftentimes Alcotest results are used as evidence DWI cases in New Jersey. He has been formally charged with third degree tampering with public records and fourth degree falsifying or tampering with records. While Dennis is only known at this time to have miscalibrated three devices, he was responsible for calibration of Alcotest devices in Middlesex, Monmouth, Ocean, Somerset, and Union counties for approximately seven years. The state has identified 20,667 cases linked to devices under his supervision. Every one of those cases may now be subject to appeal. Dennis has been suspended…

Penalties for Official Misconduct (N.J.S.A. 2C:30-2) in New Jersey

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Those responsible for the public good don’t only have an ethical responsibility to practice the people’s business impartially, they have a legal obligation to do so as well. Under the statute N.J.S.A. 2C:30-2, Official Misconduct, public servants who engage in misconduct can face five to 10 years in prison and fines as high as $150,000 when they betray the public’s trust. To be convicted, the statute requires that public servants, with purpose to derive a benefit for themselves or another, or to prevent another from receiving a benefit, commit an unauthorized exercise of official duties or otherwise act in an unauthorized manner, or fail to perform a duty required by the office they hold. The statute is both flexible and specific, requiring elements like knowledge and intent in a public official’s conduct. Still, as a second degree crime, it’s a high felony, and even when the value of the benefit sought or deprived is trivial, less than $200,…

The Lawyer, the Disciplinary Proceeding and the Hard Drive

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This post examines an opinion from the Supreme Court of South Carolina: In the Matter of Timothy Eugene Moses, 785 S.E.2d 364 (Supreme Court of South Carolina 2016) (per curiam). The court begins by explaining that[t]his attorney disciplinary matter stems from allegations that Respondent Timothy Eugene Moses stole thousands of dollars from his law firm (the Firm) by improperly billing clients. Respondent, who admitted to the misconduct after the Office of Disciplinary Counsel (ODC) filed formal charges, appeared before a panel of the Commission on Lawyer Conduct (the Panel). The Panel recommended Respondent be suspended from the practice of law for one year.Both Respondent and ODC raise exceptions to the Panel's recommendation: Respondent argues his conduct justifies only a six-month suspension, while ODC argues Respondent should be disbarred. As discussed below, we agree with ODC that Respondent's conduct merits disbarment.In the Matter of Timothy Eugene Moses,…

New Jersey Criminal Defense Attorney for Speculating or Wagering on Official Action or Information (N.J.S.A. 2C:30-3)

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Fighting public corruption is an ongoing battle in democracies everywhere, and punishing those who use the public interest for private gain is an important tool in the arsenal of good governments. In New Jersey, our laws prohibit public officials and those who work for any governmental unit from cashing in on information they have gleaned from their jobs, but which has not been made public. Under 2C:30-3, Speculating or Wagering on Official Action or Information, it is a crime to purchase or invest in property or enterprises which may be affected by such official acts, or to help others do so. N.J.S.A. 2C:30-3 is a crime of the second degree, so conviction can result in a sentence of five to ten years and fines of up to $150,000. Keep in mind that this statute doesn’t just apply to elected officials, but to those with any current or past association with a governmental unit. It’s a serious charge that has to be met with a serious legal defense. Call Matthew…

Your Amazon Echo May Be Ratting You Out

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Amazon is facing off with law enforcement over their hot new holiday product, the Amazon Echo.  If you aren’t familiar with the new device, it has a series of microphones that respond to your voice commands.  You can order products from Amazon, listen to your favorite songs, and dictate your shopping list which all goes to the cloud, Amazon, and to your cell phone.  The list of uses continues to grow every week. Now the Echo is being used as a witness to a crime.  Authorities in Little Rock, Arkansas are trying to get Amazon to turn over the information on the device from the night of a murder.  The defendant’s friend was found dead in a hot tub and the police think the Echo may contain audio evidence.  The man’s death was ruled a homicide due to evidence of a struggle that was found at the scene.  The man had been drinking and was found face down in a hot tub. Amazon has blocked prosecutors from securing the evidence stating…

Penalties for Speculating or Wagering on Official Action or Information (N.J.S.A. 2C:30-3) in New Jersey

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Speculating or Wagering on Official Action or Information (N.J.S.A. 2C:30-3) is one of New Jersey’s anti-public corruption laws, and makes it a crime for public officials or employees with associations to government to try to profit from information they are privy to that hasn’t been made public yet. This could include buying a piece of property which will soon be rezoned and therefore become more valuable, or investing in a company that’s about to win a lucrative contract with a municipality or the state. Helping others to gain these types of benefits is also prohibited under the statute. In most cases, 2C:30-3 is charged as a crime of the second degree, and carries a penalty of five to ten years if convicted, as well as fines of up to $150,000. When the value of the benefit sought or acquired is less than $200, you’ll be charged with a crime of the third degree, and face a maximum penalty of three to five years and $15,000. Speculating or Wagering…

Proposed Legislation in NJ Could Mean Jailtime For DWI With Fatalities

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Legislation being considered in New Jersey’s state senate would create a new felony charge that prosecutors could levy against drunk drivers involved in fatal crashes. Under a proposal by State Senator Dave Oroho, R-24, a third degree crime called Strict Liability Vehicular Homicide would be added to the books, and could lead to a sentence of three to five years and fines as high as $15,000 for those convicted. Most third degree crimes in the state carry a presumption of non-incarceration for first time offenders. However, Oroho’s bill, known as “Ralph and David’s Law” after two New Jersey residents who died after being struck by drunk drivers, waives that presumption, and those convicted would have to serve time. There’s no word yet on whether the legislation, officially known as S. 2423, is likely to overcome the significant hurdles required to become law. New Jersey law is constantly changing with regard to DWI, and it’s vitally…

State v. Hannah – Admitting Social Media Postings into Evidence at Trial

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Arnett Blake, his girlfriend Cindy Edwards, and his former girlfriend Terri Hannah, all attended a party in Vineland, New Jersey.  At some point, Edwards encountered Hannah in the bathroom.  While there, Hannah allegedly made rude remarks about Edwards.  Hannah then left the bathroom and told Blake that she should “F___ [his] girlfriend up”.  Later, when Edwards and Blake tried to leave the party, Hannah approached Blake with a closed fist.  Blake pushed her away, and security detained him.  Edwards was then going to say something, but saw Hannah holding a high-heeled shoe.  Hannah hit Edwards in the face with the shoe.  Blake saw Hannah hit Edwards.  When Hannah was escorted out, Edwards saw she was not wearing shoes.  Hannah and Edwards later exchanged communications on Twitter which included a Tweet from Hannah saying, among other things, “shoe to ya face bitch.” Hannah was charged with simple assault…

Scotch Plains NJ Former Top Cop Charged in DWI Crash

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The former police chief of Scotch Plains, New Jersey, who retired in March, has been charged with driving under the influence after he crashed his vehicle into a utility pole in South Plainfield in September. Brian T. Mahoney, 51, spent eleven years as the top cop in Scotch Plains. Just before midnight on September 10, he was driving his 2016 Dodge Durango westbound on New Durham Road when his vehicle veered and struck a utility pole, which split in half. In a police report, the responding officer says that Mahoney initially said that he “did not remember why he struck the pole,” but later told the officer he was talking on his cell phone at the time of the accident. Mahoney’s breath smelled of alcohol, according to the report, and after he was transported to Robert Wood Johnson University Hospital for treatment of his injuries, police asked for a search warrant and got a blood sample to test for alcohol. The former chief has been charged with DWI,…

New Jersey Criminal Defense Attorney for Disbursing Moneys, Incurring Obligations in Excess of Appropriations (N.J.S.A. 2C:30-4)

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Battling public corruption and maintaining the solvency of state agencies, municipal governments, and others, is a critical focus of the law. To that end, New Jersey has a statute on the books called Disbursing Moneys, Incurring Obligations in Excess of Appropriations (N.J.S.A. 2C:30-4), which makes it a crime for a public official to disburse, order the disbursement of, or vote for the disbursement of public money above the appropriation designated for that entity. It also criminalizes incurring debts beyond the appropriations and whatever limits are provided for by law for that entity. Both acts are a crime of the fourth degree, and those convicted under 2C:30-4 can face up to 18 months in prison, though they will benefit from a presumption of non-incarceration if they are first offenders. The law limits the ability of department heads or other officials to engage in brinksmanship with the legislature, but it’s also a straightforward way to mandate that officials at…

Penalties for Disbursing Moneys, Incurring Obligations in Excess of Appropriations (N.J.S.A. 2C:30-4) in New Jersey

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Public officials who overspend taxpayer money, whether they are elected officials or appointed heads of departments or divisions within government, can be charged criminally. The goal of fighting public corruption and enforcing budget restraint is admirable, but for those caught up in allegations of wrongdoing, the penalties can be stiff. Under N.J.S.A. 2C:30-4, Disbursing Moneys, Incurring Obligations in Excess of Appropriations, those who order or vote for disbursements of public money, or incurring debts, beyond the public appropriation of their government entity can be charged with a crime of the fourth degree. Conviction can result in a sentence of 18 months and a $10,000 fine. For first offenders, there is at least a presumption of non-incarceration which may keep you out of prison, but when there are additional charges on an indictment, even that can’t be a certainty. Public corruption charges are prosecuted vigorously, and the smear to your name can cripple…

Penalties for Crime of Official Deprivation of Civil Rights (N.J.S.A. 2C:30-6) in New Jersey

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Public servants are entrusted with official roles whose duties include the protection of the rights of our state’s citizens. This trust extends to law enforcement officers, as well, and under New Jersey’s laws, the statute N.J.S.A. 2C:30-6, Crime of Official Deprivation of Civil Rights, it is a criminal offense for a public servant, acting in their official capacity, to knowingly engage in unlawful conduct with the purpose of intimidation or discrimination. Some acts are specified, including subjecting another to an unlawful arrest or detention – which can include a traffic stop – and impeding another person’s lawful exercise of any rights. The crime is graded as a third degree offense, which means that conviction can lead to a three to five year prison sentence and fines of up to $15,000. In cases where bodily injury against a victim occurs, the charge is a second degree matter, with a five to 10 year sentence if convicted, and a possible…
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