Simply put, no. For individuals without a state-granted medicinal marijuana card, possessing pot, and use are prohibited both in New York State and New York City. In the city, possession has been liberalized— but not sanctioned. Having up to 25 grams of pot can produce a $100 ticket for a first infraction. The second time around, the prize is a $200 penalty. Go for the third time, and the sanction jumps to $250 and a possibility of spending 15-days in jail. “Burning” — public use — is a misdemeanor which brings a $250 hit and up to 90-days behind bars. However… If you’re white with a tiny amount of pot, you probably won’t have any difficulties. If you’re any other shade, the story changes. The growing and selling of marijuana has generated billions in the nine states where it is legal — but it is an industry that is overwhelmingly white. Yes. The disparity is offensive and outrageous, but it’s a fact. How Do…
Is Marijuana Legal In NYC Now?
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Recent Interviews and Argument
A few weeks ago, I argued DHS v. Steiner at the Georgia Supreme Court. The case involves a Constitutional challenge to Georgia’s child abuse registry. My former law student, new associate, and co-counsel Kayci Dennis and I filed the Brief of Appellee. She’s pictured to my left. And we combined our efforts with a set of appellate lawyers to do a moot court to prepare for the argument. The moot court groups is pictured in the photo with me and Kayci. And I was more recently interviewed by Ryan Locke about how I write and prepare for argument. Ryan also posted the audio of the argument. You can also view the video on the Georgia Supreme Court’s website. The post Recent Interviews and Argument appeared first on Georgia Criminal Appellate Law Blog.
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The Juvenile Brain
Scientific studies show that adolescent brains are in flux, still building themselves well into adulthood, right? That certainly is the story we have heard over and over again. And it is true that existing studies show that the fatty coating of neurons changes during childhood and adolescence (never mind that the relevance of that is unclear when it comes to ascriptions of legal or moral responsibility). But what is scientific fact today may not be the fact of tomorrow. A new study in the journal Nature strongly suggests that the formation of new neurons does not occur in adulthood and probably ends in childhood: New neurons continue to be generated in the subgranular zone of the dentate gyrus of the adult mammalian hippocampus. This process has been linked to learning and memory, stress and exercise, and is thought to be altered in neurological disease. In humans, some studies have suggested that hundreds of new neurons are added to the adult dentate…
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Fraud Tips at Companies
Companies rely heavily on reports about questionable behavior from employees, customers, vendors, or other outside parties. Tips are the most common way that fraud is detected by companies, so any credible tip should be taken very seriously. How does a company evaluate the credibility of a tip? Generally, it does not matter if the tipster is anonymous or not, although it’s reasonable to believe that those willing to put their names behind information do bring some measure of credibility to the information they are providing. Reliable tips usually have a sufficient amount of detail as to be believable. The more vague the tip is, the less reliable it is likely to be. The information provided by the tipster should also make sense in light of known circumstances surrounding the company’s operation and the accused. For example, a tip that merely states that Joe in the shipping department is acting like something unusual is going on is probably not very credible. In…
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Common Types of Trusts
If you’re thinking about adding a trust to your estate plan, you may be wondering what type of trust you should use. There are many different types of trusts that can be used to accomplish various estate planning objectives. You want to use the right tool for the job, or you may fail to meet your objectives. Many people who use do-it-yourself trust forms they find online aren’t aware of the legal consequences of their trust documents. These forms may be outdated, incomplete, or a poor fit for your needs. Always consult with an estate planning attorney before creating a trust. The following are some common types of trusts used in North Carolina: Trusts for Minor Children Children under age 18 cannot legally own title to property in North Carolina. If you leave an asset to a minor child without creating a trust, a financial guardian will need to be appointed to manage the property for the child. You can also choose to appoint a property guardian yourself.…
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Moore on Choosing Counsel
Janet Moore (University of Cincinnati College of Law) has posted Isonomy, Austerity, and the Right to Choose Counsel (51 Indiana Law Review 167 (2018)) on SSRN. Here is the abstract: People who can afford to hire criminal defense attorneys have...
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Illinois Legislative Proposals 2018: DUI and Traffic
There are a number of DUI and traffic-related proposals currently pending in the 2018 Illinois legislature. These are a few highlights of those bills, which deserve close attention: Traffic Ticket Fine Waiver Program Fines, fees and costs for minor traffic offenses could be excused for a defendant who is unable to pay. Upon application, the court may convert all of the obligation to community service or partially excuse payment without condition. Continue Reading The post Illinois Legislative Proposals 2018: DUI and Traffic appeared first on Chicago DUI Lawyer Blog.
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Foreign Born Felons Facing Deportation in Chicago
After being elected, President Trump vowed to deport illegal immigrants with criminal records. A series of executive actions taken by him in his inaugural year suggest that the president will widen the net to all immigrants, regardless of whether or not they have a criminal history. President Trump’s plans have led to huge uncertainty for thousands of undocumented people living in the US. While a few of them may be facing criminal charges, it is likely that many fear that they could be deported from the country they call home. Let’s discuss the plight of such undocumented US residents in detail. Afghanistan Veteran Faces Deportation Over Drug Conviction Continue reading
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Why You Should Cycle With Your Lights on in the Winter
Georgia is not a friendly state for cyclists. Every year, about 16 riders die on the highways of the Peach State. Cycling can be increasingly dangerous when mornings and evenings are darker in the winter which is another reason why you should cycle with your lights on. While Georgia is not the most dangerous state for cycling, a study by Governing highlights it as the 22nd most dangerous in the nation with 1.7 cycling deaths per million residents. Florida is the most dangerous state in the country for cycling deaths. About 110 cyclists lose their lives every year and it has a death rate of 5.7 bicyclists per million people. If you are getting on your bike as the sun goes down or is coming up, you should make yourself as visible as possible. Make sure your bike has front and back lights and they are on. You should also wear a helmet and bright colored clothing. cycle with your lights on at night Nationally about 45,000 bike injuries are reported every year. Nearly half of these…
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American Bar Association Reports Trump Administration Considering the Death Penalty for Drug Dealers
At a summit addressing the opioid addiction problem in the United States, Trump suggested executing drug dealers. These comments came after other speakers, including members of his cabinet, discussed focusing on treatment and therapy to combat the problem. Some speakers also focused on disrupting the supply coming into the United States from countries like China and Mexico. Trump then repeated his death penalty ideas a few weeks later at rally in Pennsylvania. Attorney General Jeff Sessions has already issued a policy to his prosecutors to seek the harshest penalties in drug cases. In the past Trump has condoned Singapore’s use of the death penalty in drug cases. Trump has also praised the controversial President of the Philippines Rodrigo Duterte for his use of extrajudicial police killings to wage his war on drugs. Many opioids, however, are made legally by manufacturers and then distributed by doctors to their patients for treatment purposes. On the other hand,…
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Were You Arrested for Possessing a GHB, Ketamine, Special K ? You May Be Facing these Penalties
The crime of rape, whether committed by someone the victim knows and trusts or a complete stranger, often involves alcohol or other drugs. Women who have had too much to drink are particularly vulnerable to sexual assault and rape, including date rape. Although certain drugs come to mind when the term “date rape drugs” is used, any drug can increase the risk of sexual assault. That being said, there are three drugs that are commonly referred to as date rape drugs – Ketamine, GHB and Rohypnol (often called “roofies”). Simply being in possession of one of these drugs won’t necessarily carry a stiffer penalty than being in possession of a non-date rape drug of the same class. If, however, you committed a sexual assault while in possession of the drug, or the prosecution believes you intended to do so, you may be facing some serious time behind bars. What is Rohypnol? Commonly referred to as roofies, Rohypnol is a prescription drug used to treat…
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Larkin on Obama's Clemency Initiative
Paul J. Larkin (The Heritage Foundation) has posted 'A Day Late and a Dollar Short': President Obama's Clemency Initiative 2014 (Georgetown Journal of Law & Public Policy, Vol. 16, No. 1, 2018) on SSRN. Here is the abstract: Over his...
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Trump Plans on More Pundit Hirings for Important Jobs
Donald Trump apparently thinks he can remake his battered image through hiring television pundits for important policy positions in his administration. Meanwhile, Stormy Daniels says she can "describe his junk perfectly." What a farce. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Abandoned handguns and nearby fleeing suspects- Fairfax criminal lawyer
Abandoned handguns and nearby fleeing suspects- Fairfax criminal lawyer Fairfax criminal lawyer on the risks of fleeing suspects being convicted for nearby abandoned handguns Abandoned handguns can convict nearby fleeing suspects. I know this as a Fairfax criminal lawyer, and Calvin Cardale Townes learned the same, as affirmed this week by the Virginia Court of Appeals. Townes v. Virginia, Record No. 0885-17-2 (Va. App., March 13, 2018) (unpublished). Fairfax criminal lawyer warns about the guilt that can be inferred from fleeing police with probable cause to arrest As a Fairfax criminal lawyer, I know that a criminal suspect who flees police with probable cause to arrest the defendant, enables trial judges and trial jurors to infer consciousness of guilt from that flight. Certainly, innocent reasons can exist for fleeing or hiding from police, but Calvin Townes dug himself into a hole for possessing an abandoned handgun after his car and foot flight from police…
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Bundesrat: Modernisierung des Personenstandsregisters geplant
Gemäss einer Medienmitteilung vom 9. März 2018 hat der Bundesrat die Vernehmlassung zur Anpassung der Zivilstandsverordnung (ZStV) und der Verordnung über die Gebühren im Zivilstandswesen (ZStGV) eröffnet. Dies hinsichtlich der beiden Beschlüsse aus dem Jahre 2017, wonach einerseits der Bund die Verantwortung für das Personenstandsregister übernehmen soll und andererseits Eltern von Fehlgeborenen die Möglichkeit haben sollen, ihr Kind im Personenstandsregister eintragen zu lassen.Insbesondere sollen Betrieb und Entwicklung der zentralen elektronischen Datenbank des Zivilstandswesens in die alleinige Verantwortung des Bundes übergehen, was Auswirkungen auf die Rechte und die Pflichten der Kantone hat. Die Kantone sollen dem Bund jährlich eine Gebühr von 500 Franken pro Anwender entrichten und ihm unentgeltlich Fachpersonen zur Verfügung stellen. Im Gegenzug wird eine verwaltungsinterne Kommission geschaffen, in der…
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Sixth Circuit again considers what is a "crime of violence" under the Guidelines
“This case returns us to the serial litigation over the meaning of the terms ‘physical force’ and ‘crime of violence.’” So begins the opinion in United States v. Morrisin which the Sixth Circuit held that a felony conviction for domestic assault under Michigan law (M.C.L.) §750.81 is a crime of violence under the residual clause of the Guidelines. U.S.S.G §4B1.2(a)(2).Melvin Morris was sentenced before Amendment 798 took effect and the Sentencing Commission removed the residual clause from §4B1.2 of the Guidelines. The district court determined that Mr. Morris was a career offender and on appeal he argued that his two prior felony convictions for domestic assault under M.C.L. §750.81 were not crimes of violence. Since an offense under M.C.L. §750.81 is not an "enumerated offense" (§4B1.2(a)(2)), the Sixth Circuit considered whether the prior convictions were crimes of violence under the…
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What Are the Penalties for Drug Possession?
Most people know that possession of an illegal drug will result in penalties. Quite simply, if you break the law, bad things will happen. However, confusion and ambiguity begins to creep in when it comes to the different kinds of penalties issued for different types of drug possession. The Law Offices of Elliott Kanter in San Diego are drug law experts, and we are here to break down the different penalties for drug possession and the laws surrounding drug possession in California. Simple Possession Vs. Possession With Intent to Sell The biggest difference when it comes to penalties for drug possession comes down to the distinction between simple possession versus possession with intent to sell. Here is what distinguishes these two charges: Drug Possession Charge Drug possession is when an individual is in possession of illegal drugs in an amount that would only be suitable for one person. Possession doesn’t necessarily mean you have drugs on your person, it just means…
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Wheeler & Haberman on Intra-Day Crime Trends
Andrew Wheeler and Cory Haberman (University of Texas at Dallas - School of Economic, Political and Policy Sciences and University of Cincinnati - School of Criminal Justice) have posted Modeling the Spatial Patterns of Intra-Day Crime Trends on SSRN. Here...
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Radice on The Juvenile Record Myth
Joy Radice (University of Tennessee College of Law) has posted The Juvenile Record Myth (Georgetown Law Journal, Vol. 106, No. 2, 2018) on SSRN. Here is the abstract: The proliferation of adult criminal records and their harmful impact on people...
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Man Arrested for Using Toy Gun as Weapon Against Fellow Dog Owner
Authorities reported that they responded to an incident on Monday involving a plastic toy gun employed as a makeshift weapon in an alleged attack after a Florida dog owner used it against a man whose canine was bitten by his dog. Near 8 p.m. on March 12 31-year-old Thomas Phillips from Gainesville was strolling with his unleashed dog in an area of the Lake Crossing Apartments complex designated as a dog run. 33-year-old Matthew Hester was out for a walk with his dog in the same area, but his dog was contained on a leash. Phillips’ unrestrained pet allegedly ran from his side advancing on Hester’s dog, biting and attacking him. When Hester reportedly attempted to break up the dogs his pup found a way to wriggle free from the collar and leash it was wearing. He then began using the apparatus as a belt to swing at the attacking dog. Continue reading →
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