In latest speech, AG Sessions advocates of more gun and prescription drug prosecutions and more asset forfeiture
↧
↧
New Green Card Application Is No Joke
When you apply for a green card (permanent residency) from inside the US, you have to show you are admissible as if you were outside the US trying to come in. It's on Form I-485, which used to be 6 pages long and would ask you all kinds of questions about your criminal record, address and work history, immigration history, and whether you intended to spy on the government.The new version is 18 pages long. Mostly yes/no questions, but a lot more of them.The new I-485 asks if you have plans to engage in espionage, torture, genocide, narcotrafficking, and if you've committed a crime for which you weren't arrested. Who actually says yes to these?Obviously very few people. But the length of the I-485 - which we call the "Mother of All Inadmissibility Lists" at our firm - shows something important. There are a lot of traps. Each one of those questions has law behind it.Ever claimed to be a US citizen? No? Are you sure? Do you remember every I-9 you ever…
↧
Carr & Koppa on Housing Vouchers, Income Shocks, and Crime
Jillian B. Carr and Vijetha Koppa (Purdue University - Krannert School of Management and Stephen F. Austin State University - Department of Economics and Finance) have posted Housing Vouchers, Income Shocks, and Crime: Evidence from a Lottery on SSRN. Here...
↧
Do not let iPhones & Chinese manufactured laptops obscure the Tiananmen Square massacre
The Chinese government’s June 3-4, 1989 massacre of peaceful pro-democracy demonstrators at Beijing’s Tiananmen Square left an indelible mark on me. Yet, as time marches on, I myself lost track of the anniversary of this Chinese government bloodbath. So I observe that anniversary today. On June 3-4, 1989, the Chinese army turned its guns on its own people, who were peaceful demonstrators in Tiananmen Square. Such atrocities are not limited to China. Look no farther than Kent State nineteen years earlier, even if on a smaller scale and not ordered from the highest echelons of power. Whether with or without great public relations advisers, the Chinese government has been tremendously successful — once Jimmy Carter established diplomatic relations with communist China in 1979 — in at once continuing its brutality while continuously convincing American manufacturers to flock to China, and in convincing American consumers to purchase…
↧
A Warrant Has Been Issued for My Arrest, What Does that Mean?
A warrant is simply a legal order issued by the court authorizing law enforcement officials to perform some specified act in order to further the administration of justice. Warrants are issued in the United States for a variety of reasons but are most commonly used as the basis to: Arrest a suspect; Search a suspect’s home and/or car for evidence of a crime; or Bring a person to court who has ignored a subpoena or a court order to appear. In California, there are three different types of warrants that can be issued against you; a bench warrant, an arrest warrant, and a search warrant. If a warrant has been issued for your arrest, then it is either a bench warrant or an arrest warrant. Consider these two warrant categories according to California law. Bench Warrants A bench warrant is a court order to immediately arrest you. Under section 978.5 of the CA Penal Code, a bench warrant may be issued in California whenever a defendant fails to appear in court as…
↧
↧
DWI with a Child in the Car in Texas
The way the law sees it children don’t have the ability to protect themselves Getting pulled over for drunk driving is a scary experience and a criminal offense with potentially serious consequences. But what if you’re pulled over with a minor in your car? DWI with a child in the car in Texas takes that already very serious criminal offense and ratchets it up considerably. Not only do you face enhanced penalties for having a minor passenger in your vehicle, but you could face a child protective services investigation as well. If you’re involved in this type of case, you need a Texas DWI attorney on your side. What Happens If I’m Pulled Over for DWI with a Child in the Car in Texas? If you’re pulled over for driving while intoxicated (DWI) with any passenger who is younger than 15, you can be charged with DWI with a child in the car in Texas. The law applies regardless of whether the child is your child or not. Furthermore, this charge applies even…
↧
What is the Difference Between a Bench Warrant and an Arrest Warrant?
Before we get into the differences between a bench warrant and an arrest warrant, it’s important to state a crucial similarity between the two – they should never be ignored. Knowing that the police are searching for you can be scary, but warrants don’t just go away on their own. And turning yourself in will result in a better outcome than if you force police to track you down. Further, turning yourself in will prevent the embarrassing scenario of being arrested at home or – even worse – at work. So, now that we’ve covered the importance of not ignoring any type of warrant, let’s discuss the differences between a bench warrant and an arrest warrant. Bench Warrant Bench warrants can be issued in civil and criminal cases. In criminal cases, they are typically issued if a defendant fails to appear for a scheduled court date. In civil cases, they are often issued for witnesses who are being subpoenaed, as well as for individuals who fail to…
↧
News Scan
CA Gun Control Hits Roadblocks: Multiple problems are preventing enforcement of California's latest gun control laws. The Washington Free Beacon reports that a new law expanding definition of illegal assault weapons failed to be submitted for public comment under the state's Administrative Procedures Act, preventing implementation for at least six months. Another law which allows the state to confiscate magazines holding more than ten rounds has been blocked by a federal judge who held that it may be a violation of the Heller decision. Another law restricting ammunition sales to state licensed retailers cannot be enforced because of delays in producing the regulations and making the application process available. Multiple Assaults on Prison Guards Probed: In May, 120 inmates at California's Pelican Bay prison assaulted eight corrections officers in the exercise yard. Don Thompson of the Associated Press reports that…
↧
Bailing and Bonding and How Ron Chapman Can Help
Bailing and Bonding What should you know and expect about bonding and bailing if you or a loved one is arrested? Some criminal defendants are bailed out and some are bonded out. Bailing … The post Bailing and Bonding and How Ron Chapman Can Help appeared first on Chapman Criminal Defense Firm.
↧
↧
How to Get Out of a Public Intoxication Charge in Ventura Superior Court
Every county in California has a court known as a “superior court” or “trial court,” which has jurisdiction (authority) over criminal cases in that county. For example, Ventura Superior Court has jurisdiction over misdemeanor and felony cases that are being prosecuted in Ventura County. Depending on the defendant’s age and other factors, the case may be tried in the Ventura Courthouse, the East County Courthouse, or the Oxnard Juvenile Courthouse, which are each part of Ventura Superior Court. In this article, the Ventura defense attorneys of Bamieh & Erickson, who have represented many defendants in Ventura Superior Court, explain some of the possible defenses against public intoxication charges in Ventura County. 3 Legal Defenses Against Being Drunk in Public in Ventura Being drunk in public is not necessarily a crime in California. However, if intoxication causes you to act in certain ways, or if your behavior has certain effects on the…
↧
Colorado Court Says Alert of Drug K-9 Not Sufficient for Police Search. The Same Rule Should Apply in Florida.
The War on Drugs may be the most counter-productive, fiscally wasteful policy in the history of humankind. Yet, it forges ahead, as it does little to effect any change other than to redirect taxpayer money away from beneficial programs and increase the size of government. With regard to marijuana, it is difficult to understand why any police officer would support the War on Drugs. Any encounter with a “suspect” has inherent risks to a police officer. Why would any officer want to risk his/her well-being to determine whether or not someone has a plant, or the flower from a plant? On the other hand, marijuana cases are easy. A police officer smells the distinctive odor of cannabis, searches a person or a vehicle, finds the marijuana and makes an arrest. No thought, no investigative skills, no legwork required. And it counts as an arrest like any other for statistical purposes. It is so much easier and quicker than…
↧
Feds Indict Three From Annapolis For Drug Trafficking
The U.S. Attorney’s Office for the Northern District of New York recently announced indictments of ten individuals for their roles in an East Coast heroin trafficking ring. Three of the defendants hail from Annapolis, which officials allege is where the heroin began the journey to its final destination in Schenectady, NY. After arriving in this suburb of Albany various New York based co-conspirators allegedly packaged the drugs and sold them in the Plattsburgh area, just a few hours drive from the Canadian border. The defendants vary in age, but each is under 35, and one was actually a state corrections officer until his arrest back in June. The three Maryland based defendants are all under the age of 30, with the youngest being just 19. This teenage defendant now faces between 5 and 40 years in federal prison, with the 5-year number representing the minimum mandatory sentence that must be imposed should he be convicted. The other local co-conspirators include a 24-year…
↧
Child arrested for shoplifting
It is not uncommon for a minor to commit retail fraud (or shoplifting). The reasons for this include: peer pressure; greed; the feeling of invincibility; psychological reasons; etc.; etc. It is always upsetting for a parent to learn that their child got into trouble, and the range of emotions that a parent may feel may run from concern to anger to disappointment. What to expect for you and your child when your child is facing a shoplifting allegation? If your child was lucky, the store made a decision to not involve law enforcement. If law enforcement was contacted, how the case is handled depends upon the age of your child. Continue reading
↧
↧
Alberto Otárola y la defensa de Humala
http://elcomercio.pe/politica/otarola-persona-prision-llegar-tarde-audiencia-443170 Sobre los abogados se han difundido muchos chistes, la mayoría por la conducta poco ética y crematística de estos profesionales (soy Abogado) que, están siempre en el ojo de la tormenta no sólo por su comportamiento también y en gran medida motivados por los clientes. Gracias a la opinión del señor Alberto Otárola, recuerdo uno en el que un abogado le dice a su cliente: "cuéntame tu problema, no olvides de hacerlo ORDENADAMENTE que yo me encargo de enredarlo". Cómo el señor Otárola al permitirsele opinar se ha propuesto enredar a la opinión pública con comentarios como el que sigue: "Sobre las transcripciones de los recientes audios presentados por el fiscal Juárez sobre el Caso Madre Mía, dijo que “no se han practicado las…
↧
Summer Confrontation Clause Cases
This past June saw a flurry of Confrontation Clause cases from the appellate division: State v. Miller, ___ N.C. App. ___ (June 20, 2017), temp. stay allowed, ___ N.C. ___ (July 3, 2017); State v. McKiver, ___ N.C. App. ___ (June 9, 2017); and State v. Clonts, ___ N.C. App. ___ (June 20, 2017), temp. stay allowed, ___ N.C. ___ (July 9, 2017) (a sprawling 84 page opinion including the dissent). These make for some great summer reading, at least to me. Because the cases touch on various aspects of Confrontation Clause law (and just in case your summer reading interests vary from mine), I wanted to briefly summarize them. The basic rule regarding the defendant’s 6th Amendment right to confrontation is that a testimonial statement can only be admitted without the live witness when the witness is unavailable and the defendant had a prior motive and opportunity to cross-examine the witness about the statement. The three recent decisions help unpack this rule. None strike me as…
↧
Chairman Clayton Sets New SEC Agenda
On Wednesday July 12, 2017, in his first public speech as Chairman of the SEC, SEC Chairman Jay Clayton laid out a set of eight priorities that will guide his SEC Chairmanship.[1] He said his priorities are consistent with and complimentary to the seven “core principles” set forth in President Donald Trump’s February 3, 2017 executive order regarding the regulation of the U.S. financial system. The overarching themes in Chairman Clayton’s speech are that he is focused primarily on capital formation, modernizing the trading and markets system, and he favors a disclosure and market-based approach to federal securities regulation . Given the kind words for former Chair Mary Jo White and multiple references of areas of agreement, it is difficult to determine how much of a shift one can expect from the Commission under Chairman Clayton. Nevertheless, the following are a few key takeaways from the speech. Disclosure-Based Approach: Caveat Emptor One…
↧
Prosecutors Are Now Making Sex For a Fee Cases More Difficult to Defend
Sex For a Fee Massachusetts In Massachusetts, soliciting a prostitute or the act of prostitution is a crime under G.L. c. 272 Section 53A. The statute has a variety of subsections that make a conviction for this crime punishable by up to ten years in some circumstances. Until recently first time offenders were offered pretrial probation under G.L. c. 276 Section 87 for one year with the condition they take a short class on the dangers of engaging in this activity. In the last few months, in many counties this has changed. Prosecutors are now making sex for a fee cases more difficult to defend. Why Have District Attorneys Changed Their Policy? I have asked this question several times over the last few months. I have not received a logical consistent response. The standard answer is that the prosecution wants to protect women whom they believe are being victimized by prostitution. In other words, the prostitutes are being protected and the customers punished. When I ask how a…
↧
↧
Imwinkelried on Expert Testimony Invalidated After Conviction
Edward J. Imwinkelried (University of California, Davis - School of Law) has posted Revising State Post-Conviction Relief Statutes to Cover Convictions Resting on Subsequently Invalidated Expert Testimony on SSRN. Here is the abstract: Over 300 prisoners have already been exonerated...
↧
Five things you should do if you are pulled over by a policeman:
Be polite Identify your self with license and insurance Listen to any question being asked Answer only that question in the fewest words as possible; Be aware of your rights as a free citizen protected from unreasonable search and seizure (to be discusses in later post).
↧
Massachusetts top court issues major ruling allowing medical marijuana user to pursue lawsuit against employer after her termination
As reported in this Boston Globe piece, headlined "Ruling means Mass. companies can’t fire workers for medical marijuana," the top court in Massachusetts issued a significant employment law ruling yesterday on behalf of a medical marijuana patient. Here are the basics from the press report: Massachusetts companies cannot fire employees...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/mXmaoQCsN2c" height="1" width="1" alt=""/>
↧
More Pages to Explore .....
