Since late 2017 all New York and New Jersey tolls have been cashless. This has caused undue hardship on both EZ Pass and non-EZ Pass users alike. It should have been easy and efficient. If you have an EZ Pass tag it scans it and you are appropriately billed. If you don’t then your plate is scanned and you are sent a bill. What could possibly go wrong? Well with the government that answer is everything. The cashless system has been generating hundreds of thousands of mistakes and generating countless millions in false fines and penalties. The NY & NJ EZ Pass system is so backed up that by the time they send the notices your opportunity to contest is all but gone. This results in automobile registrations being suspended and matters being sent to collections with no recourse whatsoever. The problems are severe. Many people have racked up tens of thousands of phony New York and New Jersey EZ Pass fines and penalties before they have the first inkling that there is a…
Have you been scammed by EZ Pass due to their new cashless tolls?
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Defrauding an Older Adult is Its Own Kind of Crime
The art of swindling is as old as time, and governments have worked for centuries to combat the practice. Indeed, North Carolina first criminalized the obtaining of property by false pretenses in 1811. In more recent years, the legislature has focused on a set of victims who are especially vulnerable to financial fraud: older adults. Financial exploitation of such a person is its own kind of crime—a crime that may be subject to more severe punishment than other types of fraud and that encompasses a broader array of deceptive behavior. Assets obtained through such fraud may also be frozen or seized pending the resolution of the criminal case to ensure that the victim receives the restitution he or she is owed. The crime. G.S. 14-112.2 criminalizes the financial exploitation of an older adult, who is defined as a person 65 years old or older. (The provisions of this statute also apply to financial exploitation of a disabled adult, who is defined as a person 18 years old or…
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Polk County Youth Softball Coach Charged with Sex with Minor
A 33-year-old youth softball coach from Auburndale is facing charges of having sex with a minor. The 33-year-old was taken into custody Friday after authorities talked to the 17-year-old girl. According to the Polk County Sheriff’s Office, the Lakeland girl told authorities she had consensual sex with the man in early February. According to authorities, the man and the girl knew each other for several years, and the man lived with her family for a period of time in the past. The girl is to turn 18 years old in a couple of weeks. The man works part-time as an assistant softball coach at a Polk County high school. The man also was a coach for the teen’s travel softball team. Authorities claim the two attended the Monster Jam event in Tampa on Feb. 3 with two other friends. After the event, the group drove back to Bartow, dropped off the friends and drove back to Lakeland. On the way, the man allegedly pulled over his vehicle near State Road 60 and Highway 37…
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Pasco County Assistant Principal Indicted on Child Porn Charges
A federal magistrate judge denied bond for a middle school assistant principal accused of producing and distributing child pornography. The 35-year-old Land O’ Lakes, was taken into custody Tuesday by U.S. Marshals after a Homeland Security investigation of another individual identified in court documents at “Defendant 1” allegedly linked him to the explicit images. A federal grand jury later indicted the man on four charges. If convicted on all counts, he faces a maximum penalty of 30 years and a mandatory minimum penalty of 15 years in federal prison for production of child pornography, 20 years in federal prison for each of two counts for distributing child pornography, and 10 years in federal prison for possessing child pornography. The man, who is suspended from his assistant principal job in Pasco County, will remain in custody until his trial begins April 2. As you can see, child pornography charges are quite serious. A conviction could not only mean a…
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What to Do If You’re Falsely Accused of Online Solicitation
Many Texans are falsely accused of online solicitation of a minor every year. Often, the accused is charged after aggressive sting operations implemented by state and federal authorities. Innocent people may be caught with the guilty in these widely case sting operation nets. It’s easy for many folks to assume that a person accused of more > The post What to Do If You’re Falsely Accused of Online Solicitation appeared first on The Law Office of Matthew D. Sharp.
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News Scan
Deincarceration California Style: As has been noted many times on this blog, most serious and violent crimes are committed by repeat offenders. Since the mid-1990s, a proven formula for reducing crime was adopted both locally and nationally with great success. The ingredients were targeted proactive policing and progressive sentencing. Over the past decade, in response to claims by academics, activists, and liberal politicians that these policies targeted minorities and condemned otherwise upstanding citizens to decades in prison for minor offenses, several big cities and some states adopted reforms backing off policing and reducing sentences for habitual criminals. California has been a leader in this movement, adopting four major sentencing reduction laws and numerous local policies limiting policing over the past eight years. The most recent of these is Proposition 57, adopted in 2016 after a multi-million dollar publicity campaign…
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Commenter Registration
The commenter registration system has been turned off for the time being. Our creaky old blog software is causing problems, and I do not presently have time to implement the replacement system.I can register commenters manually, when I have time. Requests may be emailed using the link on our contact page.
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Understanding Texas Healthcare Fraud Laws
Healthcare fraud is considered a subcategory of standard fraud. If convicted of healthcare fraud, the defendant faces a wide range of penalties. Although healthcare fraud is considered a single type of fraud, there are various types of healthcare fraud, including health insurance fraud (such as private insurers, Medicare or Medicaid fraud), drug fraud, and medical fraud. Healthcare fraud is said to occur when an individual or business defrauds a government healthcare program, equivalent state program, or an insurance company. If you or someone you care about is facing healthcare fraud charges, gaining a greater understanding about the legal aspects could help your defense. It’s important to contact an experienced healthcare fraud attorney as soon as possible to protect your legal rights. Are you or your business facing healthcare fraud charges?Set up a confidential consultation with attorney Brett Podolsky >> Intentional Misrepresentation and/or Deception in…
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Johnson v. Gill, No. 15-16400 (2-20-18)(Ikuta w/Tallman; dissent by Oliver). The petitioner ping-ponged between state and federal custody. Serving a state sentence (6 years), and then a consecutive federal sentence (88 mos), the petitioner was released to federal custody not once, but twice — and was placed on state parole for a period before the Marshals came calling and took him in. Petitioner argued that his federal sentence should begin running when he was first taken into federal custody because BOP then had primary custody of him. The 9th disagreed. The 9th pointed out that the State’s erroneous transfer did not mean it relinquished primary jurisdiction. The petitioner was in State custody first, and the transfers were errors, not manifestation of relinquishment. The State even gave petitioner credit for the federal custody. The federal authorities also gave petitioner federal credit when he was placed on State parole.Dissenting, Oliver argues that…
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Maybe the Vogt Case Wasn't Certworthy
Rory Little has this post at SCOTUSblog on yesterday's argument in City of Hays v. Vogt. The case involves the use at a preliminary proceeding, not a trial, of a statement a former police officer was required to make. Is that a Fifth Amendment violation for which he can sue the city?But there are complications that make the case a problematic "vehicle" to address that question. One thing just coming out now is that Vogt may not have made any objection to the introduction of the evidence. That is important. Generally, any objection to evidence not made at the time of introduction is forfeited. Prof. Little concludes:Thus the justices appear divided on the merits, and the doctrinal consequences of a ruling in any direction seemed unsettled at best during the argument. Factual wrinkles, the interlocutory posture and non-record inferences further complicate the case. Particularly this late in a Supreme Court term that is packed…
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Joy & McMunigal on Postconviction Prosecutorial Duties
Peter A. Joy and Kevin C. McMunigal (Washington University in St. Louis - School of Law and Case Western Reserve University School of Law) has posted Postconviction Prosecutorial Duties (32 Criminal Justice 53 (Winter 2018)) on SSRN. Here is the...
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Traffic Wins in Virginia Beach and Chesapeake (Jan-Feb 2018)
Below are some recent wins in Virginia Beach and Chesapeake General District Court. DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. Jan 25, 2018, Virginia Beach General District Court, Charge: Reckless Driving by speed at 86/55. Disposition: Reduced to speeding, non-reckless at 82/55! Mere traffic infraction. January 26, 2017, Virginia Beach General District Court, Charge: Reckless driving at 85/55. Disposition: Reduced to 19 over the limit. Traffic infraction. January 26, 2017, Chesapeake General District Court, Charge: Speeding. Disposition: Dismissed. This was just a speeding ticket but we put on a trial because the defendant was innocent. February 1, 2018, Chesapeake General District Court, Charge: Reckless Driving for an…
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Norfolk Circuit Court – Hit and Fun Felony avoided
DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. February 20, 2018, Norfolk Circuit Court, Charge: Hit and Run Felony (personal injury). Disposition: Reduced to hit and run misdemeanor, with a weekend in jail. Client avoided a felony! The post Norfolk Circuit Court – Hit and Fun Felony avoided appeared first on Reckless Driving and Traffic Defense Attorney.
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It Can be Frightening! Destroying Property and Domestic Violence
There’s a common misconception about domestic violence. A great many people wrongfully assume that domestic violence only applies to actual physical contact. However, there are actually nineteen separate acts that constitute predicate acts of domestic violence. Among them, is destroying property. Unfortunately, there are times when you may feel like your life story is playing out like a movie on the Lifetime Movie Network. You’ve never been one to lose your temper. In fact, you rarely raise your voice. Meanwhile, you’ve started dating a woman you met from one of the dating websites. Things go very well in the beginning. After all, you are in the honeymoon stage of your relationship. As you get to know one another, you learn that your new girlfriend is a bit jealous. You’re not worried. After all, you have no time or desire to see anyone else. And then it happens. The two of you are snuggled up watching a movie when the accusations start flying. Before…
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Massachusetts Appeals Court explains Who’s The Boss under the Wage Act
It’s not as easy as it used to be to answer the question of who’s the boss. Many employees survive on a patchwork of part-time jobs; the gig economy is growing fast enough to double in the next few years. Indeed, a recent study released by Upwork and the Freelancers Union predicts that most workers will be freelancers by the years 2020. As facts in the workplace evolve, so must the law. That’s exactly what happened last fall in Gallagher v. Chambers, a case decided by the Massachusetts Appeals Court. There, the Court clarified the test for identifying an employer under the Massachusetts Wage Act. Previously, courts had applied a common-law set of factors that led to inconsistent results in lower courts, which in some cases dismissed corporate defendants even though those entities benefitted from a plaintiff’s work. In Gallagher, a home health aide sued to recover for unpaid overtime wages. She named…
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MAN BREAKS INTO HOME AND EXPOSES HIMSELF IN CHILD’S ROOM
Well, 28-year-old Miles Anderson (hereinafter, the “Defendant”) is in criminal court type trouble. Police in New Hampshire say that he has been accused of breaking into a home, taking off his clothes, and assaulting a sleeping child. Law enforcement says that the Defendant entered the Concord home shortly after 4 a.m. Monday. He made his way into the child’s bedroom and disrobed. Police say he then assaulted the child, who was able to run away and alert family members. Another man who lives in the house was able to restrain the Defendant while other household members called the police. According to Boston.com, the Defendant was arrested on charges of burglary, indecent exposure, and simple assault Attorney Sam’s Take On What You Think This Means Most folks will look at these facts and assume that the Defendant forced himself into a home, found a child sleeping and sexually assaulted her. This would be inconsistent with the charges that are now…
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COOK COUNTY ILLINOIS JUDGE FOUND GUILTY OF MORTGAGE FRAUD
[Scales depiction from wikipedia]Have you heard the news about the mortgage fraud conviction of Cook County Circuit Judge Judge Jessica Arong O’Brien? Last week, she was found guilty in federal court of two fraud counts related to false statements she made in loan applications years before she took the bench. She reportedly lied about her income while purchasing two investment properties and then paid kickbacks to a straw purchaser who subsequently defaulted on the loans.As Assistant U.S. Attorney Matthew Madden told the jury in closing argument, "she used lies to buy and sell these properties." Sentencing for Judge O'Brien will be reportedly be held at a later date.
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Geller et al. on Policing and Rights Tradeoffs
Amanda Geller, Jeffrey Fagan and Tom Tyler (NYU Department of Sociology, Columbia Law School and Yale University - Law School) have posted Do the Ends Justify the Means? Policing and Rights Tradeoffs in New York City on SSRN. Here is...
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Former federal judge explains how severe sentencing and mandatory minimums prompted his resignation
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Innocence Project Responds to Remarks by Deputy Attorney General Before the American Academy of Forensic Sciences
Today Deputy Attorney General (DAG) Rod Rosenstein gave a plenary address at the annual meeting of the American Academy of Forensic Sciences where he outlined plans that the Department of Justice (DOJ) would be implementing regarding forensic sciences. While short on details, his remarks renew concerns that the DOJ is backtracking on progress to ensure that forensic disciplines are guided by the best science and that safeguards were enacted to insulate practitioners from law enforcement influence. “We’ve known since 2009 that there are problems with the scientific validity of forensic disciplines used to identify suspects with the exception of DNA evidence. Yet after this administration shut down the National Commission of Forensic Science — the first inclusive and transparent effort to address these fundamental flaws in evidence that is used in countless prosecutions across the nation — there was no mention by Deputy Attorney General…
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