In February 2016, there were two momentous decisions issued affecting the nation’s juvenile justice system. First, the U.S. Supreme Court ruled that inmates serving mandatory life sentences for murders they committed when they were juveniles were entitled to either a new sentencing hearing or had to be given parole eligibility by state authorities. Second, President Obama issued an executive order that banned the use of solitary confinement for juveniles in the federal prison system. Number of Allegations of Sexual Abuse of Juvenile Inmates Doubles Both these decisions garnered significant media attention that overshadowed a report by the U.S. Justice Department that the number of allegations of sexual abuse of juveniles by guards and other staff personnel had doubled between 2007 and 2012. This report was based on data gleaned from juvenile facility administrators at some 1,400 state, local and private institutions. It involved nearly 9500 allegations with…
Texas Governor Sends in the Texas Rangers into State Juvenile Facilities
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Can I Join the Military with a DUI?
Whether you would like to serve our country, are seeking job security, or are interested in education related benefits, joining the military is an excellent career choice. However, if you have a DUI conviction, you may find it difficult to enlist. Fortunately, a waiver may help you do as it proves that the military knows about your DUI and is willing to look past it. Waiver approvals are not granted automatically and are based on each individual case. What Happens When You Enlist in the Military Following a DUI If you begin the process of enlisting in the military but have a DUI on your record, you will need to address all of your charges. Addressing your charges may involve paying fines and court fees, attending and completing any court-ordered alcohol management classes or community service requirements, and waiting until your probation period has been completed. Due to the fact that each military branch has its own requirements, you should consider consulting a…
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*Correction* crash on US30, near Filer, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 12/20/2017 4:50pm Please direct questions to the District Office **Correction: This incident occurred on December 20, 2017 at approximately 12:16 pm. 3761 End Correction** On December 17, 2017 at approximately 12:16 pm the Idaho State Police investigated a car versus train crash at US30 and Curry Crossing, near Filer, ID. Russell Weaver, 82, of Hollister and his passenger Ardith Weaver, 79, of Hollister were driving eastbound on US30 in the right lane in a 1998 Oldsmobile 88. The vehicle was approaching Curry Crossing, where the crossing lights and audible signal were activated. An Eastern Idaho Railroad train, operated by Brennan Lyons, 28, of Jerome was traveling…
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Establishing the fundamentals of VICAR rackeetering prosecutions
At the government's request, the Sixth Circuit has published its previously unpublished decision in United States v. Odum, an appeal (after a multi-defendant jury trial) by two members of the Phantom Motorcycle Club. The decision is important because it sets forth several basic propositions of law regarding violations of the violent crimes in aid of racketeering activity statute, 18 U.S.C. § 1959 (aka, "VICAR"). The government frequently seeks to prosecute these types of "outlaw motorcycle clubs" for racketeering offenses by arguing the "club" is a "criminal organization" for purposes of the criminal RICO statute."An advantage of VICAR over RICO," according to the National District Attorney Association, "is that VICAR requires only one criminal act to be proven, provided that it is violent and is carried out for personal monetary gain or for status within a gang."In moving to…
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Noting executions uncompleted in 2017
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Happy Holidays from the Law Offices of Anthony Carbone!
On behalf of Attorney Anthony Carbone and his entire legal team, our Firm would like to wish you and your loved ones a happy holiday season. As the year comes to a close, we want to reflect on our clients, who are the key to our successful outcomes. We could not be more grateful that you chose our Firm to fight for your justice in the courtroom. For nearly three decades, Attorney Carbone has been fighting for the rights of Garden State residents. We look forward to ending 2017 on a high note while planning for an even more successful 2018. If you endure any hardships during the holidays and need an experienced attorney on your side for the new year, contact our law offices at any time. Happy Holidays and Happy New Year from the Law Offices of Anthony Carbone! The post Happy Holidays from the Law Offices of Anthony Carbone! appeared first on Law Offices of Anthony Carbone.
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Penalties for Unlawfully Taking a Deer in Michigan
The State of Michigan imposes very steep penalties for unlawfully taking a deer and/or poaching of a deer. The law concerning the penalty is contained in Michigan Compiled Law (MCL) 324.40118 and MCL 324.40119, and includes the following: A misdemeanor criminal conviction; Imprisonment for not less than 5 days or more than 90 days (see MCL 324.40118(3)). For persons with 2 convictions for this offense within 5 years, the imprisonment becomes a mandatory minimum of 10 days in jail and a maximum of 180 days (see MCL 324.40118(17)); Continue reading
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3rd Man Killed in Train Wreck Was Convicted Sex Offender
12-22-17 Oregon: Authorities have identified the third person killed in the deadly Amtrak derailment outside of Seattle as a man under federal supervision for a child pornography conviction. Authorities have identified the third person killed in the deadly Amtrak derailment outside of Seattle as a man under federal supervision for a child pornography conviction. The Pierce County coroner's
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Pending U.S. Supreme Court Case Could Impact Judicial Deference to Agency Rulemaking
A petition for certiorari pending before the U.S. Supreme Court has the potential to narrow the application of Chevron deference to agency rulemaking. Under Chevron U.S.A. v. Natural Resources Defense Council, a 1984 Supreme Court case that is widely considered a foundational case in administrative law, courts interpreting an ambiguous provision of a federal statute defer to an agency’s interpretation of that statute. During Justice Neil Gorsuch’s confirmation proceedings, commentators noted his expressed skepticism of deference to agencies and speculated that his confirmation might lead to the trimming of Chevron deference and thus the scope of agencies’ authority to interpret the laws they enforce and implement. The now-pending case of Perez-Guzman v. Sessions, No. 17-302, involves a complex statutory and regulatory scheme under immigration law pertaining to the circumstances in which an alien whose prior removal order has been reinstated may…
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U.S. Lawmakers Seek to Make “Hack Back” Laws
There’s an expression that “two wrongs don’t make a right.” However, U.S. lawmakers may not be following that old saying when it comes to “revenge hacking.” Congressman Tom Graves (R-GA) and Congresswoman Kyrsten Sinema (D-AZ) have co-sponsored the Active Cyber Defense Security Act (ACDC), which would essentially allow people or companies who have been hacked for data to “hack back” the hacker. What are “Hack Back Laws?” Continue reading →
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The Defense of Quasi-Entrapment in New Jersey
Have you been arrested or charged with driving while intoxicated (DWI) in New Jersey? If so, it is imperative to reach out to a trustworthy New Jersey DWI attorney who has experience with this area of law. A DWI conviction should never be taken lightly because it can have far-reaching adverse consequences for many aspects of your life. You can rest assured that we understand the seriousness of these charges and will vigorously advocate for your rights throughout the entire legal process. Not all criminal defenses that are available in criminal prosecutions are available in DWI cases. The New Jersey Supreme Court, for instance, has held that “entrapment” is not a valid defense in DWI cases. In order to succeed with a New Jersey entrapment defense, the defendant must prove that the police conduct constituted an inducement to commit a crime by objective standards. Put simply, the defendant must show that the crime would not have been committed had the police not…
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Advocates for Clemons prolonged family's pain
Larry Blandino of O'Fallon, Missouri has this letter to the editor of the St. Louis Post-Dispatch:Regarding the editorial "Clemons folds" (Dec. 20):Now that Reginald Clemons has finally admitted his guilt in the 1991 rape and murder of Julie and Robin Kerry, I think a sincere apology should be forthcoming from the ACLU, Amnesty International, actor Danny Glover and anyone else who claimed the innocence of Clemons. Because of their arrogance, the pro-Clemons advocates prolonged the pain of the surviving family members. How shameful.It takes strength to admit to one's folly. It takes empathy to issue a sincere apology. I hope the pro-Clemons supporters can swallow their pride and discover these admirable traits very quickly. Perhaps, the old Chain of Rocks Bridge can be viewed not as a bridge too far, but as a bridge that can somehow lead to the start of family and community healing.See Wednesday's post on this case for the background.
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Being Present at a Seedy Bar Could Lead to Your Arrest
An interesting opinion dropped from the Texas Court of Criminal Appeals this week. In the case, an undercover police officer was surveilling a sports bar in Houston known for its well documented history of drug busts. In actuality, under the guise of surveillance, the police officer was probably profiling customers at the local bar. One unlucky man stopped at the bar and stayed for what the officer stated was in the range of three to five minutes and then left. The officer followed the man and then called for a marked car to make the bust so as not to blow his cover. The marked police car then pulled the man over for an alleged lane change without a turn signal. Before stopping the car, the officer noticed the man making furtive gestures around the console in the vehicle. This is a ruse officers use to try and make a search. As if a person in a car behind you can see what you are doing in front of them in your car at night. …
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Soreide on Unenforced Anti-corruption Laws
Tina Soreide (Norwegian School of Economics (NHH) - Department of Accounting, Auditing and Law) have posted Regulating Corruption in International Markets: Why Governments Introduce Laws They Fail to Enforce (The Oxford Handbook on International Economic Governance and Market Regulation. Edited...
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Week of December 18 - 22, 2017
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Reviewing the "hope and skepticism" engendered by Prez Trump's Rubashkin commutation
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"Joy to the weed! Marijuana legalization comes bearing gifts"
The title of this post is the headline of this AP article which provides an interesting review of ganja gifting goings-on this holiday season. Here are excerpts: Peter Bernard’s Yuletide plans include dressing up in a tuxedo emblazoned with marijuana leaves, donning a green Santa hat and doling out cookie...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/mSsTyTV6Nco" height="1" width="1" alt=""/>
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DID I CONSENT TO A SEARCH? THE VOLUNTARY CONSENT EXCEPTION TO THE WARRANT REQUIREMENT IN ILLINOIS
When the police knocked at your door, your roommate opened the door. The police walked in, spotted some contraband and now you are under arrest. Did your roommate consent to the search? The Fourth Amendment requires that police obtain a warrant before searching your home unless an exception to the warrant requirement exists. One exception involves the need to give emergency aid, for example, if someone inside the home is injured. The police may enter if they have a reasonable basis to connect the emergency with your home. The police may also search if they obtain voluntary consent. The consent must be given without any coercion, expressed or implied, and must not be the result of any intimidation or deception. The court may determine whether you gave consent on the totality of the circumstances and on a case by case basis. If you open the door and say, “Check it out,” the police likely have consent for the search. If you instead slam the door shut and the…
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Mail fraud, identity theft and wire fraud committed against Martin Guitar and other companies
In a scam that affected 36 companies in 11 states and four countries, a man from Texas tried to scam Martin Guitar, but failed to obtain anything from the company. Michael Glenn Barnes pretended to be members or employees of various bands and sports teams. He was able to convince music and athletic gear companies to send him over $20,000 in products from May 2015 through September of this year. Barnes was indicted for aggravated identity theft, wire fraud and mail fraud. According to court papers, he created gmail accounts under fabricated names in order to implement the scam. In July 2015, Barnes sent an email to C.F. Martin & Co., in which he requested that the company give him an acoustic guitar with a value of approximately $440. Barnes said he wished to use the guitar in a Rolling Stone magazine shoot. He requested that it be sent to his home, but the company refused to do so. In November 2016, he sent another email to Martin Guitar, posing as a member of the group…
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Five Reasons Divorce Increases After Holidays
Surveys and studies have concluded that divorce requests tend to increase following the holiday season. Some call the first Monday after winter break “Divorce Day” because of the sudden influx of divorce filings. A 2016 University of Washington study stated that a consistently above-average number of divorce filings in March can be traced back to the holidays because spouses needed a couple of months to prepare. Why do divorces increase immediately after the holidays? The reason will vary by couple, but researchers have come up with several explanations: Holiday Delay: Spouses may have known that they were headed for divorce but put off acting on it until after the holidays. Announcing a divorce leading up to the holidays is seen as bad timing, particularly when there are children. The couple may decide to tough it out in order to give the family one last holiday together. Holding Out Hope: Couples may use the holidays as a last chance to try to salvage…
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