Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

Rapping on Public Defenders

0
0
Jonathan Rapping (Atlanta's John Marshall Law School) has posted The Power to Transform is Stronger than the Power to Punish: Public Defenders are the Key to Equal Justice (LOS ANGELES PUBLIC INTEREST LAW JOURNAL, Vol. 6) on SSRN. Here is...

“Zero Down” Scheme Lands Bank President in Jail

0
0
Paul Harold Doughty, 67, Edmond, Oklahoma, the former president and chairman of First State Bank of Altus (“FSB”), was sentenced to 48 months in federal prison after a jury convicted him in July of 2016 of bank fraud, conspiracy to commit bank fraud, misapplication of bank funds, making a false bank entry, and unauthorized issuance of a […]

How do I get my driver’s license reinstated after a “Failure to Appear” suspension?

0
0
If you failed to appear in court or respond to a traffic ticket within the required timeframe, the court may direct the Illinois Secretary of State to suspend your driver’s license. The type of suspension is referred to as a “Failure to Appear” suspension or as an “09” suspension (625 ILCS 5/6-6-306.3). In order to reinstate your driver’s license, you must resolve the traffic ticket, provide proof to the Illinois Secretary of State, and pay a reinstatement fee. Often, resolving the old ticket will require you, or your attorney, to file a motion with the court. The case will have to be brought back into court, where you will appear in front of a judge. Every county and courthouse has rules and procedures that must be followed. Often, it is beneficial to hire legal representation to ensure that the process is handled properly and efficiently. Depending on how long ago the traffic ticket was issued, the file may even need to be ordered by the…

HOW CAN THE NATIONAL SECURITY ADVISER AVOID A FEDERAL CRIMINAL INDICTMENT: DON'T LIE TO THE FBI

0
0
The dead of night. My phone rings. No less than a beleaguered Michael Flynn seeking advice again. For his sake I don't answer. These calls I've learned may be recorded who knows by whom or why.Speaking to the AmbassadorBefore we explore whether or not our new National Security Adviser has broken federal laws we can certainly agree that like the boss he serves, he is not competent. Only in Washington for a few weeks and he's already under threat of criminal prosecution under the Hood Act for undermining the foreign policy of the former administration in recorded calls to a foreign power's ambassador. It will depend on the recordings themselves as to whether his actions rise to the level of a crime. But the FBI investigates in mysterious ways. If they can't pin a criminal case based on the facts the most effective way to force a guilty plea to a federal crime under federal law is merely to establish that the defendant lied to the…

Is due process violated when a plea is taken and sentence imposed on a nearly dead-drunk defendant?

Noting central place of Texas in (incomplete) consensus disfavoring increased use of incarceration

New App Tells Users if They Are Drunk Based Upon Walking

0
0
According to a news report from the Boston Metro, a local company has developed a smart phone app that can tell users if they are intoxicated based upon how they are walking while using the app. The makers of the app say that it is designed to alert users when they are too drunk to get behind the wheel of a car, so as to prevent a drunk driving accident or to prevent them from getting arrested for drunk driving. The developer of the app has said that when people drink alcohol to the point when they become intoxicated, one of the first things that happens is a lessening of inhibitions.  This is a scientific fact that has been known for a very long time.  The reason this translates into a problem in terms of drunk driving is that when a person loses his or her inhibitions, the brain is less likely to tell them that driving drunk is a bad idea. It is also less likely for the person to realize they should probably stop drinking, because they are already intoxicated. …

WaPo: ‘The Watch’ Blog: A day with ‘killology’ police trainer Dave Grossman

0
0
WaPo: ‘The Watch’ Blog: A day with ‘killology’ police trainer Dave Grossman by Radley Balko: These classes are getting increasingly popular at a time when the dominant political party seems to believe police officers should be given more latitude, get … Continue reading →

The Real Life Consequences of a Drunk Driving Conviction in MA

0
0
It’s common knowledge that getting behind the wheel when you’re intoxicated is a bad idea. But determining whether you’ve had too much to drink isn’t always as cut and dried. In Massachusetts, a blood alcohol concentration (BAC) of 0.08 percent is above the legal limit. If a large man has three drinks with dinner, his BAC may be the same as that of a small woman who has one drink on an empty stomach. Without a breath or blood test, it’s impossible to know. Therefore, it’s always wise to err on the side of caution. If you’re going to drink, designate a sober driver. And if you think getting an OUI is no big deal, read on. The potential consequences of an OUI conviction may change your mind. Consequence #1: Fines and Fees Even for a first offense, you will likely find yourself paying fines and license reinstatement fees if you are convicted of an OUI. Fines range from $500 to $5,000, depending on the circumstances of your conviction, and…

You Can Be Convicted of Burglary in Florida Without Ever Entering a Residence or Building

0
0
When most people think of the crime of burglary, they think it involves someone breaking into a home or other building and stealing something that is inside.  In fact, in Florida the crime of burglary is much broader than that.  First, it can involve just about any building, including vacant buildings, and it can also involve other structures like a car or a boat. Next, a person does not have to steal something inside the conveyance to be guilty of burglary.  If a person enters the conveyance with the intent to commit any number of crimes, that can be a burglary.  Finally, it is not even necessary for the perpetrator to enter the structure.  Putting a hand through a window can be sufficient for a burglary conviction. In a recent burglary case south of Jacksonville, Florida, the defendants planned to burglarize a home and walked onto the porch in front of the home.  They tried to get into the home, but they could not find a way in.  Someone saw…

Penney on the Criminal-Administrative Distinction in Canada

0
0
Steven Penney (University of Alberta - Faculty of Law) has posted ‘Chartering’ in the Shadow of Lochner: Guindon, Goodwin and the Criminal-Administrative Distinction at the Supreme Court of Canada (Supreme Court Law Review (2d), Vol. 76, pp. 307-328 (2016)) on...

Des Moines Marijuana Charges Lawyer

0
0
Do you need a Des Moines marijuana charges lawyer? Do you have marijuana charges anywhere else in Iowa? Then you have come to the right spot. Dean Stowers and Nick Sarcone handle marijuana cases and other serious drug charges in Des Moines and throughout the State of Iowa. MARIJUANA IS ILLEGAL IN IOWA The possession and distribution (trafficking) of marijuana is illegal in Iowa. Iowa Code Chapter 124 makes the possession, possession with the intent to deliver and the distribution of marijuana illegal. The penalties can range from 6 months in jail and loss of your driving privileges to 5 years in prison. Law enforcement treat, possession, possession with the intent to deliver, and distribution of marijuana are the same as any other drugs. Often, they find marijuana through searches of homes and vehicles. Sometimes, police utilize confidential informants, controlled buys, trash pulls and recorded phone calls to make their case. Whatever the method, you need a solid, experienced…

"Maryland prosecutor sentenced for hotel sex acts in front of glass door in Ocean City"

The power & liberation of love, in life and court

0
0
Jon Katz with Gerry Spence – Thunderhead Ranch, 1995 On this Valentine’s Day, I recall that the 1995 Trial Lawyers College soon became one big hugfest at times. I did not embrace the idea right away, but have benefited tremendously in life from focusing on the path of love, compassion, generosity, service and gratitude. Gerry Spence (pictured here with me when most of my hair was brown)– perhaps the world’s greatest living trial lawyer — who spearheaded the Trial Lawyers College, is far from a touch-feely person. He is brash and his voice can boom. At the same time, he is a hugger — and his hug is indelible — and a deep believer in the power of love. He was a better person to influence me on the same path, than some flower child humming Peter, Paul & Mary tunes on the street corner. I know how essential it is to love my clients, for starters. If I do not love my clients, or at least have compassion for them, who will? I…

Consent Searches in Drug/Gun Cases in New Jersey

0
0
Constitutionally protected privacy interests are enshrined in the 4th Amendment protection against warrantless searches and seizures as well as Article I, Paragraph 7 of the New Jersey State Constitution. One key exception to the warrant requirement, as well as the requirement for probable cause precedent to the execution of a search, is voluntary consent knowingly waived by a party with authority to search. For a person to be considered a valid third party that can consent to a search of property he or she must meet a few requirements: ·         The area being searched is shared with the suspect and the third party. ·         The third party has control over the shared area- i.e., they have a key to such areas or their name is listed on the lease. Continue Reading

What is Making a False or Misleading Statement to Obtain Credit in Texas?

0
0
What is Making a False or Misleading Statement to Obtain Credit in Texas? Pursuant to Penal Code 32.32, it is a criminal offense to intentionally or knowingly make a false statement to obtain property or credit.  The most important elements of Making a False or Misleading Statement to Obtain Credit are 1) the act of making a material false statement, and 2) making the statement with the intent to obtain the property or credit. Actually obtaining the property or the credit is not an element of the offense. Therefore a person can make a material false without getting money or property and still be charged with this offense while: applying for a loan; endorsing or guaranteeing a loan; applying for a line of credit; applying for a credit card; or applying for a mortgage loan. Texas courts have upheld this lacks of acquisition of property. See Jones v. State, 323 S.W.3d 885, 889 (Tex. Crim. App. 2010)(holding the offense is complete once the written deceptive…

What is Making a False or Misleading Statement to Obtain Credit in Texas?

0
0
What is Making a False or Misleading Statement to Obtain Credit in Texas? Pursuant to Penal Code 32.32, it is a criminal offense to intentionally or knowingly make a false statement to obtain property or credit.  The most important elements of Making a False or Misleading Statement to Obtain Credit are 1) the act of making a material false statement, and 2) making the statement with the intent to obtain the property or credit. Actually obtaining the property or the credit is not an element of the offense. Therefore a person can make a material false without getting money or property and still be charged with this offense while: applying for a loan; endorsing or guaranteeing a loan; applying for a line of credit; applying for a credit card; or applying for a mortgage loan. Texas courts have upheld this lacks of acquisition of property. See Jones v. State, 323 S.W.3d 885, 889 (Tex. Crim. App. 2010)(holding the offense is complete once the written deceptive…

What Effect Does Marijuana Have On A Person’s Driving Ability

0
0
IS A PERSON’S DRIVING ABILITY AFFECTED BY MARIJUANA? As the laws and law enforcement scramble to keep up with the rapidly changing laws on marijuana use, researchers are asking the question: How does marijuana affect driving ability? The answer to this question has important implications for the establishment of driving under the influence of marijuana thresholds such as those already in place for driving under the influence of alcohol. As to be expected, law enforcement organizations with an anti-drug agenda, say that any amount of marijuana use significantly impairs driving ability but studies, perhaps with a less biased point of view, have not yet definitively answered the question. The primary psychoactive ingredient in marijuana, THC, affects a person’s coordination, sensory and time perceptions (according to the National Institute on Drug Abuse (NIDA)). These brain activities are important in driving so it would stand to reason that marijuana use would affect…

What California Criminal Convictions Can Result In Deportation

0
0
DEPORTABLE CRIMES With immigration a big topic in the news, many are confused about who exactly can be deported from the United States. It goes without saying that someone who is in the US without going through the proper channels, i.e., no visa allowing entry (undocumented), can be deported in most instances. Exceptions might be made on humanitarian grounds for example for asylum seekers and people who were born in another country but brought to the U.S. as children. This post is about those who can be deported even though they are in the U.S. legally, whether on a visa, a resident alien, or categorized as an asylum seeker waiting approval or those who have been allowed to stay pending review of their particular case. Continue reading →

Galoob on Blackmail

0
0
Stephen Galoob (University of Tulsa College of Law) has posted Coercion, Fraud, and What is Wrong with Blackmail (Legal Theory, Forthcoming) on SSRN. Here is the abstract: Several theorists argue that blackmail is morally wrong because the blackmail proposal is...
Viewing all 71805 articles
Browse latest View live




Latest Images