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Retail Theft and the Civil Penalty in Illinois

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Everybody knows that if you are arrested and charged with a Retail Theft, or Shoplifting, you will be facing serious criminal penalties that could have serious implications for your future. How many people are surprised to find out that in addition to the criminal implications of a Retail Theft, they will probably soon be facing a potential Civil Penalty. This part of a Retail Theft arrest is not well understood by clients. Many clients mistakenly believe that what happens in one aspect of a Retail Theft case will affect the other aspect of the Retail Theft case. In other words, many people believe that if they just pay the Civil Penalty then the criminal case will be dismissed. This is not how things work and people need to understand what the Civil Penalty is and how it relates to a Retail Theft. Most people charged with a Retail Theft will be facing a Class A Misdemeanor. The potential penalty for a Retail Theft depends on the value of the item(s) that you stole, or…

Final Update: Injury Crash Westbound I84 in Nampa

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 5/14/2018 8:30 p.m. Please direct questions to the District Office ***FINAL UPDATE*** On May 14, 2018, at 5:09 p.m., Idaho State Police investigated a two-vehicle, injury crash on westbound Interstate 84 near milepost 37, just west of the Garrity Blvd. interchange in Nampa. Jacy Stevens, 26, of Nampa, driving a 2016 Ford Explorer, was stopped due to heavy traffic in the area. Dylan Mudd, 25, of Boise, driving a 2003 Mitsubishi Eclipse, was driving westbound on I-84 when he failed to slow for the stopped traffic ahead of him. Mudd collided into the back of Steven's vehicle and pushed it from the right lane into the left two lanes of travel. Mudd's vehicle ended up…

Candidate Arrested for DWI an Hour After Winning Mayoral Election

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The man who was elected to serve as the new mayor of Sharpsburg, North Carolina, on May 8 has been accused of driving while impaired and five additional charges approximately one hour after winning the race. Robert L. Williams Jr. has attempted to run for the position of mayor of the small town of Sharpsburg a total of three times. After losing the elections in 2013 and 2017 Williams went up against incumbent Randy Weaver for the position in the 2018 election last Tuesday. After the voting at the polls had concluded and were counted Williams was announced the new mayor holding 51 percent of the votes. Continue reading →

Sports Gambling in North Carolina

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Gambling and sports are often thought to go hand in hand.  If you have ever been on a golf course, you know that betting happens about as frequently as a local amateur hits errant shots.  However, what you may not know is that sports betting was made illegal, on a federal level, in 1992 with the enactment of the Professional and Amateur Sports Protection Act.  That is, until today, when the Supreme Court ruled it unconstitutional. From the legal side of things, this decision is a major example of where the current Supreme Court stands on issues like federalism and state rights.  You may be asking yourself some questions.  What does it mean?  Can you legally bet on sports now in North Carolina?  The answer, as of right now, is no.  While the Supreme Court overruled the Federal Act, they ultimately left the decision of whether or not to allow sports gambling to the individual states. In many states, plans have been put in place for many…

Administrative Law Scholarship in Our Present Political Moment

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Gillian Metzger, The Supreme Court, 2016 Term—Foreword: 1930s Redux: The Administrative State Under Siege, 131 Harv. L. Rev. 1 (2017).Aaron L. Nielson, Response, Confessions of an “Anti-Administrativist,” 131 Harv. L. Rev. F. 1 (2017).Mila Sohoni, Response, A Bureaucracy—If You Can Keep It, 131 Harv. L. Rev. F. 13 (2017). Kristin Hickman In the Fifth Edition of the Administrative Law Treatise, released in 2010, Richard Pierce described a raging debate within the academic community and the courts at that time over the appropriate role of democratic values and institutions in the administrative state. This debate encompassed such topics as the validity of unitary executive theory, how best to resolve disagreements between Congress and the President, and how to manage the risk that courts would become “the primary architects of national policy through their efforts to keep agencies within legal boundaries.” Eight years later, that same…

Confession of Error

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There aren’t many, but there are some decisions that reside exclusively in the hands of the defendant. The lawyer’s province is trial management, but some decisions are reserved for the client—including whether to plead guilty, waive the right to a jury trial, testify in one’s own behalf, and forgo an appeal. Certainly we guide them. We inform them. We explain the tactical and strategic benefits and detriments of their choices, and the very real world consequences of their choices. And yet, hard as it may be to watch a defendant, a client, make a decision that you are certain will be suicidal, the choice remains the client’s. Ultimately, it’s his life, not yours.  This might seem a difficult line to swallow, but is it controversial? The Supreme Court, in the 5-3 decision in McCoy v. Louisiana, held that the attorney cannot ignore his client’s decision to maintain his innocence and concede that he engaged in the conduct of…

Who Wears Short Shorts?

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A recent moot court judge drew the fury of the woke when she told an advocate to watch her “resting bitch face.” Maybe it was the word “bitch,” now that words are violence to the unduly sensitive. It’s hardly unusual to tell students that there is some aspect of their appearance that could use improvement, is distracting or problematic, when judging moot court. That’s one of the purposes of the exercise, to prepare them to succeed in the real world. So what would happen if a student stood to argue their moot court cause in their underwear? “This topic transcends all of our social identities and taps right into the heart of who we are,” Chai, a fourth-year student, said to a room of nearly 50 people while presenting her thesis paper on May 5, as seen in a livestream of the event. Chai began undressing as she held back tears, first removing her shoes, then her pants and, lastly, her shirt. “I am more than Asian. I am more than…

Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It

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Daily Beast: Justices Thomas and Gorsuch Just Hinted They Would End Privacy as We Know It by Jay Michaelson: President Trump’s addition to the Supreme Court sides with the bench’s ‘originalist’—and it has terrifying implications for your rights. Because privacy … Continue reading →

Diamantis on Confidentiality and the Fourth Amendment

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Mihailis Diamantis (University of Iowa - College of Law) has posted Privileging Privacy: Confidentiality as a Source of Fourth Amendment Protection (University of Pennsylvania Journal of Constitutional Law, Vol. 21, 2018) on SSRN. Here is the abstract: Police do not...

New Hampshire Politician Charged With Welfare Fraud

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A New Hampshire state representative is being accused of committing two counts of welfare fraud. Each count is a felony offense that can lead to years in jail if the lawmaker is convicted. State Representative Accused of Welfare Fraud State Representative John Manning, who has represented the town of Salem in the New Hampshire House of Representatives since 2010, has been indicted on two counts of welfare fraud. While the 65-year-old Manning has not yet been arrested, he is scheduled to be arraigned for the accusations on April 13. The accusations are serious. They claim that Mr. Manning made false statements that allowed him to collect welfare checks over the course of several years. They claim that, in one instance, Mr. Manning claimed that his niece was living with him. This allowed Mr. Manning to receive $12,640.50 in welfare funds, including Food Stamps, between March 2013 and September 2014. In another instance, Mr. Manning is claimed to have collected $714 in welfare…

Puzzling through the current politics of pursuing federal statutory criminal justice reforms

Supreme Court Issues Opinions on 4th and 5th Amendment Cases

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Yesterday, the United States Supreme Court issued several opinions on cases that had been closely watched by observers. The case that has received most of the public attention involves legalized sports betting. But lost in the coverage was the release of two opinions involving the 4th and 5th Amendment rights of criminal defendants. These opinions expand the rights of motorists in their vehicles and the rights of criminal defendants facing prosecution in Criminal Courts. I want to take this opportunity to discuss these two cases and how they will impact the criminal law. Motorists Rights Expanded The first case involves the appeal of the conviction of Terrence Byrd’s appeal of his conviction in Pennsylvania of Possession of Heroin and the Possession of Illegal body armor. Byrd plead guilty but reserved his right to appeal. Byrd had been sentenced to 10 years in prison. Byrd appealed and his conviction had been upheld by the Federal Court of Appeals. Yesterday, his…

How to Raise Capital Through Registration Exempt ICOs

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The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions to the regulatory requirements for ICOs and the criteria for qualifying for these exemptions; it further lays out potential advantages and restrictions for each option. For more information on ICOs, contact Ifrah Law’s Cryptocurrency group. [Click on Infrographic to Download] The post How to Raise Capital Through Registration Exempt ICOs appeared first on IFRAH Law.

Section 1983 and Excessive Force by Police Officers

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Now more than ever, U.S. laws that prohibit excessive force by police officers are coming into play. With more and more police departments having squad car videos and body cameras, the civil rights lawsuits that were one day impossible to prove are now commonplace. The following sections will detail the legal background of this issue, standards for reasonable use of force, police immunity, and burden of proof. What is the Civil Rights Act of 1871? The Civil Rights Act of 1871, which is codified as 42 U.S.C. Section 1983 and commonly known as “Section 1983,” prohibits any person from violating constitutional rights while acting “under the color of law.” In other words, it is unlawful for someone acting under color of law to deprive another person of his or her constitutional rights. How Does Section 1983 Relate to Excessive Force? If police officers use excessive force, Section 1983 allows the victim or his or her surviving family to sue in civil court.…

Five Common Car Crash Injuries

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Our Georgia car accident injury lawyers are often asked what are the most common car crash injuries we help clients to work on claims for. The answer depends on the nature of the crash. Sadly, even automobile wrecks at low speeds can cause serious injuries. According to the National Highway Traffic Safety Administration (NHTSA), as many as three million people are injured each year motor vehicle accidents in the United States. That’s a staggering number that places a massive burden on the injured people and their loved ones. No two automobile accidents are the same. Injuries can also be different depending on the circumstances of the wreck. As Georgia car accident injury lawyers we are acutely aware of the impact an injury has on victims and the need to recover the most you can from an insurance company. Five common car crash injuries Here are five common types of injury from auto accidents. Arm and Leg Injuries Extremities like arms and legs are often the first parts of…

E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

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This defendant had no standing in the condo that was searched under a search warrant. He produced nothing to show that he had any connection to the property or was a guest with a connection to the premises, even an … Continue reading →

THE HOT CORNER

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In baseball, third base is called the hot corner because that's where the action is. The third baseman is closest to a right handed batter. He has to guard the line and is often required to field sharply hit ground balls and make long throws. Just watch a video Brooks Robinson handling the hot corner to see how it's done. We have our own developing hot corner in the REGJB and its at the end of the second floor, with the two courtrooms facing each other manned by Judges Hirsch and Hersch. And Tuesday we have action, with Judge Hersch handling a robbery case (Phil Maniatty for the state) and Judge Hirsch presiding over a trafficking in cocaine case (Mike Walsh for the defense). Here's a great example of the hot corner. 1978 world series. Yankees-Dodgers.  Game Three. The Gator-Ron Guidry on the mound. Watch Yankee Third baseman  Gregg Nettles save two runs. Bases loaded. Two out and a line drive to the hot corner.  Site Feed

Florida Deputies Arrest 81 in ‘Operation Spring Cleaning’ Drug Sting

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Sarasota County deputies arrested 81 people on drug-related charges in an investigation called “Operation Spring Cleaning” on May 4. Deputies said they confiscated more than 18 pounds of controlled substances and four firearms. Out of the 81 people arrested, 77 were drug traffickers, according to reports. The investigation focused on drug manufacturing, delivering, and trafficking of “highly abused controlled substances,” such as Fentanyl. Florida’s medical examiners reported 704 people died of Fentanyl-related overdoses in the first half of 2016 which led to the passing of enhanced penalties for drug dealers and traffickers as seen in Florida House Bill 477. Operation Spring Cleaning focused on capturing sales and trafficking related to highly abused controlled substances. A recent investigation into Fentanyl-related deaths shows an increase of 97 percent in Palm Beach County in 2016, and that West Palm Beach is an “epicenter” for…

N.C. Supreme Court Issues New Rule 412 Opinion

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Back in April 2017, I blogged about State v. Jacobs, ___ N.C. App. ___, 798 S.E.2d 532 (March 12, 2017) here. That post focused on the preservation aspect of the case—the defendant failed to preserve a constitutional challenge to the trial court’s exclusion of evidence in a sexual assault prosecution. The alleged victim, the defendant’s minor daughter, had two sexually-transmitted diseases (“STDs”) that the defendant did not. The defendant wished to present expert testimony about the different test results. The trial court excluded the evidence under Rule 412, the rape shield rule, and the Court of Appeals unanimously affirmed. Because no constitutional challenge to the ruling was made at trial, the Court of Appeals refused to consider the argument that the exclusion of the STD evidence violated the defendant’s right to present a defense. In a 6 to 1 opinion, the N.C. Supreme Court reversed the Court of Appeals on the Rule 412 issue early…

CA9: Search of car could not be sustained as inventory since there was an admitted evidence gathering motive

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The inventory here was to conduct a criminal search of the car, and it is suppressed. Officers timed the arrest when defendant was in the car [allegedly] to minimize safety concerns. The admittedly were searching for criminal evidence, and not … Continue reading →
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